HOUSE AMENDED
PRIOR PRINTER'S NO. 398 PRINTER'S NO. 1985
No. 375 Session of 1993
INTRODUCED BY RHOADES, REIBMAN, JUBELIRER, O'PAKE, FISHER,
PETERSON, SALVATORE, MADIGAN AND AFFLERBACH, FEBRUARY 5, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 15, 1994
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for use of funds by
6 the State Public School Building Authority; and providing for
7 financing for school building property and, for leasing of <--
8 telecommunications and distance learning equipment, FOR THE <--
9 CENTER FOR RURAL PENNSYLVANIA AND FOR THE WEATHER EMERGENCY
10 OF 1994.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 783 of the act of March 10, 1949 (P.L.30,
14 No.14), known as the Public School Code of 1949, added May 9,
15 1949 (P.L.1017, No.296), is amended to read:
16 Section 783. Appropriations; Use of Proceeds of Bond
17 Issues.--Any school district shall have power and authority,
18 with approval of the Department of [Public Instruction]
19 Education, to appropriate to the State Public School Building
20 Authority any funds available for building purposes or for
21 purposes set forth in sections 784.1 and 784.2 of this act. Any
1 such funds which represent the proceeds of any general
2 obligation bonds issued by the school district shall be used by
3 the State Public School Building Authority for or toward the
4 purpose or purposes for which such bonds were issued, and in the
5 event that any such bonds were issued pursuant to a vote of the
6 electors, any appropriation of such proceeds, as above set
7 forth, shall not be deemed such a change of purpose from that
8 for which such bonds were authorized as shall require the
9 question to be again submitted to a vote of the electors under
10 any existing law.
11 Section 2. The act is amended by adding sections to read:
12 Section 784.1. Financing for School Building Property.--(A) <--
13 Any school district shall have the power and authority, with the
14 approval of the Department of Education, to enter into loan
15 agreements or other financing contracts with the State Public
16 School Building Authority for the financing of the construction,
17 operation, maintenance and improvements of school buildings and
18 the furnishing and equipment of school buildings for a term not
19 exceeding forty (40) years, at such debt service payments as may
20 be determined by the Authority. There shall be included in the
21 annual budget of the school districts an appropriation to meet
22 the amount of such loan payment.
23 (B) Any school district shall have the power and authority <--
24 to pay for operation and maintenance of any school building, or
25 any improvement or furnishings or equipment of a school
26 building, purchased by the school district through financing
27 provided by the Authority under the provisions of the first
28 paragraph of this section.
29 Section 784.2. Contracts for Lease or Purchase of
30 Educational Telecommunications and Distance Learning Equipment
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1 and Facilities and for Installation, Operation and
2 Maintenance.--Any MAINTENANCE.--(A) THE GENERAL ASSEMBLY FINDS <--
3 AND DECLARES AS FOLLOWS:
4 (1) DUE TO A SMALL POPULATION BASE, RURAL SCHOOLS AND
5 BUSINESSES ARE OFTEN UNABLE TO PROVIDE THE SPECIALIZED COURSES
6 OR TRAINING NEEDED FOR TOMORROW'S ECONOMY.
7 (2) TELECOMMUNICATIONS OFFER A LARGELY UNTAPPED POTENTIAL TO
8 CROSS-GEOGRAPHIC BOUNDARIES TO CONNECT SPECIALIZED TEACHERS AND
9 INSTRUCTORS TO REMOTE OR DISTANT RURAL SETTINGS.
10 (3) CURRENT TELECOMMUNICATIONS DEVELOPMENT EFFORTS, WHICH
11 ARE THE KEY TO THE ECONOMIES OF THE FUTURE, HAVE NOT BEEN
12 COORDINATED. THIS HAS RESULTED IN DUPLICATION OF EFFORTS IN SOME
13 AREAS OF THIS COMMONWEALTH AND THE EXCLUSION OF MANY RURAL AREAS
14 IN TELECOMMUNICATIONS DEVELOPMENT.
15 (B) ANY school district shall have the power and authority,
16 with the approval of the Department of Education, to enter into
17 contracts or other agreements with the State Public School
18 Building Authority for the financing of a lease or purchase of,
19 and the installation, operation and maintenance of any equipment
20 or technology for the purpose of establishing or enhancing
21 educational telecommunications or distance learning applications
22 for a term not exceeding the estimated useful life of the
23 equipment as certified by a professional from the
24 telecommunications/distance learning field, at such rentals or
25 for such purchase price as may be determined by the Authority.
26 There shall be included in the annual budget of the school
27 district an appropriation to meet the amount of such rentals or
28 purchase price.
29 (C) Any school district shall have the power to sublease or <--
30 lease equipment and related facilities leased or purchased under
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1 this section to governmental or nonprofit organizations subject
2 to reasonable rules and regulations adopted by the board of
3 school directors and further subject to charges as the school
4 board shall consider proper. All proceeds derived from the
5 sublease or lease of the equipment or facility are to be used to
6 defray Authority rental or loan payments or for the purchase of
7 additional telecommunications or distance learning equipment. At
8 the time of the sublease or lease, the school board should
9 request a statement of the governmental or nonprofit purposes
10 for which the sublease or lease is requested and obtain from the
11 sublessee or lessee proper insurance against damage or
12 liability.
13 (D) Any school district shall have the power and authority <--
14 to pay for operation and maintenance of any equipment or
15 technology for the purpose of establishing or enhancing
16 educational telecommunications or distance learning applications
17 leased as lessee by it from the authority under the provisions
18 of the first paragraph of this section.
19 SECTION 784.3. CENTER.--(A) THE CENTER SHALL PROVIDE STATE- <--
20 WIDE COORDINATION AND TRAINING NECESSARY FOR TEACHERS, SCHOOL
21 ADMINISTRATORS AND BUSINESSPEOPLE TO PARTICIPATE EFFECTIVELY IN
22 DISTANCE LEARNING. THIS SUBSECTION INCLUDES DISTANCE LEARNING
23 CONCEPTS, TRANSPORT SYSTEMS, SCHEDULING NEEDS AND OPPORTUNITIES
24 AND PILOT PROGRAMS.
25 (B) THE CENTER MAY CONTINUE TO PROVIDE GRANTS TO TRAINING
26 CENTERS, POSTSECONDARY INSTITUTIONS, INTERMEDIATE UNITS OR OTHER
27 APPROPRIATE ORGANIZATIONS IN ORDER TO PROVIDE LOCAL TECHNICAL
28 SUPPORT AND TRAINING COORDINATION FOR THE PROGRAM ON A REGIONAL
29 BASIS.
30 (C) THE CENTER SHALL PROVIDE COORDINATION, TRAINING AND
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1 ADVICE TO THE DEPARTMENT OF EDUCATION AND THE PUBLIC SCHOOL
2 BUILDING AUTHORITY CONCERNING DISTANCE LEARNING OPPORTUNITIES.
3 (D) FOR THE PURPOSES OF THIS SECTION, "CENTER" MEANS THE
4 CENTER FOR RURAL PENNSYLVANIA.
5 Section 3. Section 785 of the act, amended September 7, 1955
6 (P.L.582, No.150), is amended to read:
7 Section 785. Failure to Pay Rent or Make Payments;
8 Withholding Appropriation.--In all cases where the board of
9 directors of any school district fails to pay or to provide for
10 the payment of any rental, payment, or rentals, or payments due
11 the State Public School Building Authority for any period in
12 accordance with the terms of any lease, loan agreement or other
13 lending instrument or contract, entered into under the terms of
14 subdivision (f) of this article, upon written notice thereof
15 from the Authority, the [State Superintendent of Public
16 Instruction] Secretary of Education shall notify such board of
17 school directors of its obligation and shall withhold out of any
18 State appropriation due such school district an amount equal to
19 the amount of the rental, payment, or rentals or payments owing
20 by such school district to the State Public School Building
21 Authority and shall pay over the amount so withheld to the
22 Authority in payment of the rental or payment.
23 Section 4. This act shall take effect in 60 days. <--
24 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
25 SECTION 1501.6. WEATHER EMERGENCY OF 1994.--(A) THIS
26 SECTION APPLIES ONLY TO THE SCHOOL YEAR 1993-1994 AS A RESULT OF
27 THE WEATHER EMERGENCY OF 1994.
28 (B) ALL SCHOOL ENTITIES SHALL KEEP OPEN FOR AT LEAST ONE
29 HUNDRED EIGHTY (180) DAYS OF INSTRUCTION FOR STUDENTS BY USING
30 ALL AVAILABLE DAYS THROUGH JUNE 30, 1994, AND BY USING THE
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1 PROVISIONS OF THIS SECTION AND SECTION 1502(B).
2 (C) AS AN ALTERNATIVE TO PROVIDING ONE HUNDRED EIGHTY (180)
3 DAYS OF INSTRUCTION, THE SECRETARY OF EDUCATION SHALL AUTHORIZE,
4 WITHOUT NEED OF APPLICATION, EACH SCHOOL ENTITY TO HAVE THE
5 OPTION OF COMPUTING INSTRUCTIONAL TIME ON AN HOURLY BASIS,
6 RATHER THAN A DAILY BASIS, OF NINE HUNDRED (900) HOURS FOR
7 ELEMENTARY AND NINE HUNDRED NINETY (990) HOURS FOR SECONDARY
8 SCHOOLS. EACH SCHOOL ENTITY WHICH ELECTS TO COMPUTE
9 INSTRUCTIONAL TIME ON AN HOURLY BASIS SHALL SUBMIT DOCUMENTATION
10 TO THE SECRETARY OF EDUCATION VERIFYING THE COMPLETION OF THE
11 REQUIRED HOURS OF INSTRUCTION.
12 (D) FOR PURPOSES OF COMPUTING INSTRUCTIONAL TIME PURSUANT TO
13 THIS SECTION, THE SECRETARY OF EDUCATION SHALL CALCULATE
14 INSTRUCTIONAL DAYS OR TIME RELATED TO THE WEATHER EMERGENCY OF
15 1994 PRIOR TO CALCULATING ANY OTHER LOST INSTRUCTIONAL TIME.
16 (E) THE CHIEF COMMISSIONED OFFICER OF A SCHOOL DISTRICT,
17 INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL SHALL,
18 UPON THE WRITTEN REQUEST OF A PARENT OR GUARDIAN, EXCUSE ANY
19 STUDENT FROM SCHOOL ATTENDANCE IF SUCH STUDENT HAS THE
20 OPPORTUNITY TO RECEIVE A PROGRAM OF ADVANCED INSTRUCTION, TO
21 PARTICIPATE IN ACADEMIC OR SKILLS COMPETITION OR TO ENGAGE IN
22 LEADERSHIP DEVELOPMENT ACTIVITIES. THE REQUEST SHALL IDENTIFY
23 AND DESCRIBE THE INSTRUCTION, COMPETITION OR LEADERSHIP
24 DEVELOPMENT ACTIVITIES AND THE DATES AND HOURS FOR WHICH THE
25 ABSENCE IS REQUESTED. THE PARENT OR GUARDIAN SHALL, FOLLOWING
26 EACH SUCH ABSENCE, FURNISH IN WRITING TO THE CHIEF COMMISSIONED
27 OFFICER A STATEMENT ATTESTING TO THE STUDENT'S PARTICIPATION,
28 INCLUDING THE DATES AND HOURS OF SUCH PARTICIPATION.
29 (F) THE CHIEF COMMISSIONED OFFICER OF A SCHOOL DISTRICT,
30 INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL SHALL
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1 EXCUSE A STUDENT TO OBSERVE OR PARTICIPATE IN A RELIGIOUS
2 ACTIVITY OR FUNCTION, UPON THE WRITTEN NOTIFICATION OF SUCH
3 OBSERVANCE OR PARTICIPATION BY THE STUDENT'S PARENT OR GUARDIAN.
4 A STUDENT'S ABSENCE FROM SCHOOL PURSUANT TO THIS SUBSECTION
5 SHALL BE CONSIDERED AN INSTRUCTIONAL DAY AND SHALL NOT BE
6 RECORDED AS AN ABSENCE ON THE STUDENT'S ATTENDANCE RECORD OR ON
7 THE RECORD OF ANY GROUP OR CLASS OF WHICH THE STUDENT IS A
8 MEMBER. THERE SHALL BE NO PENALTY ATTACHED FOR ANY SUCH ABSENCES
9 PURSUANT TO THIS SUBSECTION.
10 (G) AS USED IN THIS SECTION, A SCHOOL ENTITY SHALL BE ANY
11 PUBLIC, PRIVATE OR NONPUBLIC SCHOOL A CHILD ATTENDS IN ORDER TO
12 FULFILL THE COMPULSORY ATTENDANCE REQUIREMENTS OF THIS ACT.
13 SECTION 5. SECTION 1502 OF THE ACT, AMENDED JANUARY 24, 1966
14 (1965 P.L.1508, NO.529), IS AMENDED TO READ:
15 SECTION 1502. DAYS SCHOOLS NOT TO BE KEPT OPEN.--[NO] (A)
16 EXCEPT AS PROVIDED IN SUBSECTION (B), NO SCHOOL SHALL BE KEPT
17 OPEN ON ANY SATURDAY FOR THE PURPOSE OF ORDINARY INSTRUCTION,
18 EXCEPT WHEN MONDAY IS FIXED BY THE BOARD OF SCHOOL DIRECTORS AS
19 THE WEEKLY HOLIDAY, OR ON SUNDAY, MEMORIAL DAY, FOURTH OF JULY,
20 OR CHRISTMAS NOR SHALL ANY SCHOOL BE KEPT OPEN IN ANY DISTRICT
21 DURING THE TIME OF HOLDING THE TEACHERS' INSTITUTE FOR SUCH
22 DISTRICT. WHENEVER MEMORIAL DAY SHALL BE ON A SUNDAY, THE
23 FOLLOWING MONDAY SHALL BE A HOLIDAY.
24 (B) FOR THE SCHOOL YEAR 1993-1994 ONLY, THE BOARD OF SCHOOL
25 DIRECTORS SHALL HAVE THE OPTION OF RESCHEDULING INSTRUCTIONAL
26 DAYS ON SATURDAY, BUT FOR NOT MORE THAN ONE SATURDAY PER MONTH,
27 TO MAKE UP INSTRUCTIONAL DAYS LOST FROM THE ADOPTED SCHOOL
28 CALENDAR BECAUSE SCHOOL WAS CLOSED AS A RESULT OF THE WEATHER
29 EMERGENCY OF 1994. NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
30 (A), IF THE BOARD OF SCHOOL DIRECTORS RESCHEDULES AN
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1 INSTRUCTIONAL DAY ON SATURDAY, THE SCHOOLS MAY BE OPEN THE
2 FOLLOWING MONDAY.
3 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
4 (1) THE AMENDMENT OR ADDITION OF SECTIONS 1501.6 AND
5 1502 OF THE ACT SHALL TAKE EFFECT IMMEDIATELY.
6 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
7 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
8 DAYS.
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