PRIOR PRINTER'S NOS. 89, 244, 571, PRINTER'S NO. 2088
2016
No. 38 Session of 1995
INTRODUCED BY SHEEHAN, RYAN, PERZEL, BARLEY, FARGO,
D. W. SNYDER, E. Z. TAYLOR, PHILLIPS, PITTS, BIRMELIN, BROWN,
BROWNE, CHADWICK, CIVERA, CLARK, CLYMER, CORNELL, DEMPSEY,
DiGIROLAMO, DURHAM, EGOLF, FAIRCHILD, FARMER, FICHTER,
FLEAGLE, FLICK, GEIST, GLADECK, GODSHALL, HABAY, HARHART,
HENNESSEY, HERMAN, HERSHEY, LEH, LYNCH, MARSICO, MERRY,
MILLER, NAILOR, NYCE, PETTIT, RAYMOND, REBER, RUBLEY,
SCHULER, SEMMEL, STAIRS, STRITTMATTER, TRUE, M. N. WRIGHT,
ZIMMERMAN, ZUG, STERN, COWELL, TULLI, BATTISTO AND MUNDY,
JANUARY 20, 1995
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JUNE 13, 1995
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," prohibiting possession of weapons;
6 and providing for safe schools.
7 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
8 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
9 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
10 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
11 LAWS RELATING THERETO," FURTHER PROVIDING FOR SABBATICAL
12 LEAVES, FOR CAUSES FOR SUSPENSION, FOR THE ORDER OF
13 SUSPENSION AND FOR THE REINSTATEMENT OF PROFESSIONAL
14 EMPLOYEES; AUTHORIZING STUDENTS TO ATTEND THE SCHOOLS
15 SELECTED BY THEIR PARENTS; PROHIBITING POSSESSION OF WEAPONS;
16 PROVIDING FOR SAFE SCHOOLS; PROVIDING FOR TUITION GRANTS;
17 FURTHER PROVIDING FOR PAYMENTS ON ACCOUNT OF TRANSPORTATION;
18 FURTHER PROVIDING A LOCAL OPTION FOR COMPLIANCE WITH OUTCOME-
19 BASED EDUCATION REGULATIONS; PROVIDING FOR CHARTER SCHOOLS
20 AND FOR BASIC EDUCATION FUNDING; AND MAKING AN EDITORIAL
21 CHANGE.
22 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
3 as the Public School Code of 1949, is amended by adding a
4 section to read:
5 Section 1317.2. Possession of Weapons Prohibited.--(a)
6 Except as otherwise provided in this section, a school district,
7 intermediate unit or area vocational-technical school shall
8 expel, for a period of not less than one year, any student who
9 is determined to have brought a weapon onto any school property,
10 any school-sponsored activity or any public conveyance providing
11 transportation to a school or school-sponsored activity.
12 (b) Every school district, intermediate unit and area
13 vocational-technical school shall develop a written policy
14 regarding expulsions for possession of a weapon as required
15 under this section. Expulsions shall be conducted pursuant to
16 all applicable regulations.
17 (c) The superintendent or other chief administrative officer
18 of a school district, intermediate unit or area vocational-
19 technical school may recommend discipline short of expulsion on
20 a case-by-case basis. The superintendent or other chief
21 administrative officer of a school entity shall, in the case of
22 an exceptional student, take all steps necessary to comply with
23 the Individuals with Disabilities Education Act (Public Law 91-
24 230, 20 U.S.C. § 1400 et seq.).
25 (d) The provisions of this section shall not apply to the
26 following:
27 (1) an unloaded weapon being used as part of a program
28 approved by a school by an individual who is participating in
29 the program; or
30 (2) a weapon that is unloaded and is possessed by an
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1 individual while traversing school property for the purpose of
2 obtaining access to public or private lands used for lawful
3 hunting, if the entry on school premises is authorized by school
4 authorities.
5 (e) Nothing in this section shall be construed as limiting
6 the authority or duty of a school, intermediate unit or area
7 vocational-technical school to make an alternative assignment or
8 provide alternative educational services during the period of
9 expulsion.
10 (f) All school districts, intermediate units and area
11 vocational-technical schools shall report all incidents
12 involving possession of a weapon prohibited by this section as
13 follows:
14 (1) The school superintendent or chief administrator shall
15 report the discovery of any weapon prohibited by this section to
16 local law enforcement officials.
17 (2) The school superintendent or chief administrator shall
18 report to the Department of Education all incidents relating to
19 expulsions for possession of a weapon on school grounds, school-
20 sponsored activities or public conveyances providing
21 transportation to a school or school-sponsored activity. Reports
22 shall include all information as required under section 1302-A.
23 (g) As used in this section, the term "weapon" shall
24 include, but not be limited to, any knife, cutting instrument,
25 cutting tool, nunchaku, firearm, shotgun, rifle and any other
26 tool, instrument or implement capable of inflicting serious
27 bodily injury.
28 Section 2. The act is amended by adding an article to read:
29 ARTICLE XIII-A.
30 SAFE SCHOOLS.
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1 Section 1301-A. Definitions.--As used in this article,
2 "Office" shall mean the Office for Safe Schools.
3 "School entity" shall mean any public school district,
4 intermediate unit or area vocational-technical school.
5 "School property" shall mean any public school grounds, any
6 school-sponsored activity or any conveyance providing
7 transportation to a school entity or school-sponsored activity.
8 "Weapon" shall include, but not be limited to, any knife,
9 cutting instrument, cutting tool, nunchaku, firearm, shotgun,
10 rifle and any other tool, instrument or implement capable of
11 inflicting serious bodily injury.
12 Section 1302-A. Office for Safe Schools.--(a) There is
13 hereby established in the Department of Education an Office for
14 Safe Schools.
15 (b) The office shall have the following powers and duties:
16 (1) To coordinate anti-violence efforts between school,
17 professional, parental, governmental, law enforcement and
18 community organizations and associations.
19 (2) To collect, develop and disseminate information,
20 policies, strategies and other information to assist in the
21 development of programs to impact school violence.
22 (3) To provide direct training to school employes, parents,
23 law enforcement officials and communities on effective measures
24 to combat school violence.
25 (4) To advise public and non-public schools on the
26 development of policies to be used regarding possession of
27 weapons by any person, acts of violence and protocol for
28 coordination with and reporting to law enforcement officials and
29 the Department of Education.
30 (5) To develop forms to be used by school entities for
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1 reporting incidents involving acts of violence and possession of
2 weapons on school property.
3 (c) In addition to the powers and duties set forth under
4 subsection (a), the office is authorized to make targeted grants
5 to schools to fund programs which address school violence,
6 including, but not limited to, the following programs:
7 (1) Conflict resolution or dispute management.
8 (2) Peer helpers programs.
9 (3) Risk assessment or violence prevention curricula.
10 (4) Classroom management.
11 (d) Grant applications shall contain information as the
12 office may require. The office shall conduct a thorough annual
13 evaluation of each program for which a grant under this section
14 is made.
15 Section 1303-A. Reporting.--(a) The office shall conduct a
16 one-time survey of all school entities to determine the number
17 of incidents involving acts of violence on school property and
18 all cases involving possession of a weapon by any person on
19 school property which occurred within the last five (5) years.
20 The survey shall be based on the best available information
21 provided by school entities.
22 (b) All school entities shall report all new incidents
23 involving acts of violence or possession of a weapon by any
24 person on school property at least twice a year, as provided by
25 the office, on a form to be developed and provided by the
26 office. The form shall include:
27 (1) Age or grade of student.
28 (2) Name and address of school.
29 (3) Circumstances surrounding the incident, including type
30 of weapon.
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1 (4) Sanction imposed by the school.
2 (5) Notification of law enforcement.
3 (6) Remedial programs involved.
4 (7) Parental involvement required.
5 (8) Arrests, convictions and adjudications, if known.
6 If a person other than a student is involved, the report shall
7 state the relationship of the individual involved to the school
8 entity.
9 (c) All school entities shall develop a memorandum of
10 understanding with local law enforcement which sets forth
11 procedures to be followed when an incident involving an act of
12 violence or possession of a weapon by any person occurs on
13 school property. Law enforcement protocols shall be developed in
14 cooperation with local law enforcement and the Pennsylvania
15 State Police.
16 Section 1304-A. Sworn Statement.--(a) Prior to admission to
17 any school entity, the parent, guardian or other person having
18 control or charge of a student shall, upon registration, provide
19 a sworn statement or affirmation stating whether the pupil was
20 previously suspended or expelled from any public or private
21 school of this Commonwealth or any other state for an act or
22 offense involving weapons, alcohol or drugs, or for the wilful
23 infliction of injury to another person or for any act of
24 violence committed on school property. The registration shall be
25 maintained as part of the student's disciplinary record.
26 (b) Any wilful false statement made under this section shall
27 be a misdemeanor of the third degree.
28 Section 1305-A. Transfer of Records.--Whenever a pupil
29 transfers to another school entity, a certified copy of the
30 student's disciplinary record shall be transmitted to the school
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1 entity to which the pupil has transferred. The school entity to
2 which the student has transferred should request the record. The
3 sending school entity shall have ten (10) days from receipt of
4 the request to supply a certified copy of the student's
5 disciplinary record.
6 Section 1306-A. Availability of Records.--A student's
7 disciplinary record as well as records maintained under section
8 1307-A shall be available for inspection to the student and his
9 parent, guardian or other person having control or charge of the
10 student, to school officials and to State and local law
11 enforcement officials as provided by law. Permission of the
12 parent, guardian or other person having control or charge of the
13 student shall not be required for transfer of the individual's
14 student record to another school entity within this Commonwealth
15 or in another state in which the student seeks enrollment or is
16 enrolled.
17 Section 1307-A. Maintenance of Records.--All public and
18 private schools within this Commonwealth shall maintain updated
19 records of all incidents of violence, incidents involving
20 possession of a weapon and convictions or adjudications of
21 delinquency for acts committed on school property by students
22 enrolled therein on both a district-wide and school-by-school
23 basis. Records maintained under this section shall be contained
24 in a format developed by the Pennsylvania State Police in
25 cooperation with the office within ninety (90) days of the
26 effective date of this section. A statistical summary of these
27 records shall be made accessible to the public for examination
28 by the public during regular business hours.
29 Section 1308-A. Rules and Regulations.--The Department of
30 Education shall promulgate rules and regulations to carry out
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1 the provisions of this article.
2 Section 3. This act shall take effect in 90 days.
3 SECTION 1. SECTION 522 OF THE ACT OF MARCH 10, 1949 (P.L.30, <--
4 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, AMENDED JULY
5 29, 1965 (P.L.255, NO.147), IS AMENDED TO READ:
6 SECTION 522. PAYMENTS OF SALARIES OF PROFESSIONAL EMPLOYES
7 GRANTED LEAVES OF ABSENCE AS EXCHANGE TEACHERS AUTHORIZED;
8 RIGHTS PRESERVED.--ANY BOARD OF PUBLIC EDUCATION OR BOARD OF
9 SCHOOL DIRECTORS OF ANY SCHOOL DISTRICT OR VOCATIONAL SCHOOL
10 DISTRICT OF THIS COMMONWEALTH IS HEREBY AUTHORIZED TO PAY ANY
11 PROFESSIONAL EMPLOYE THE SALARY HE WOULD BE ENTITLED TO IF
12 TEACHING IN THE SCHOOL DISTRICT FROM WHICH HE IS GRANTED A LEAVE
13 OF ABSENCE TO SERVE AS AN EXCHANGE TEACHER IN ANY FOREIGN
14 COUNTRY OR TERRITORY OR POSSESSION OF THE UNITED STATES OF
15 AMERICA.
16 ANY PROFESSIONAL EMPLOYE, WHILE ON LEAVE AS AN EXCHANGE
17 TEACHER, SHALL BE CONSIDERED TO BE IN REGULAR FULL-TIME DAILY
18 ATTENDANCE IN THE POSITION FROM WHICH THE LEAVE WAS GRANTED,
19 DURING THE PERIOD OF SAID LEAVE, FOR THE PURPOSE OF DETERMINING
20 THE EMPLOYE'S LENGTH OF SERVICE, THE RIGHT TO RECEIVE INCREMENTS
21 AS PROVIDED BY LAW, AND THE RIGHT TO MAKE CONTRIBUTIONS AS A
22 MEMBER OF THE SCHOOL EMPLOYES' RETIREMENT FUND AND CONTINUE HIS
23 OR HER MEMBERSHIP THEREIN, [THE RIGHT TO SERVICE CREDITS TOWARD
24 THE TIME NECESSARY FOR A SABBATICAL LEAVE,] AND THE RIGHT TO
25 ACCUMULATE DAYS OF LEAVE ON ACCOUNT OF ILLNESS OR ACCIDENTAL
26 INJURY.
27 SECTION 2. SECTION 692.2 OF THE ACT, AMENDED JANUARY 14,
28 1970 (1969 P.L.468, NO.192), IS AMENDED TO READ:
29 SECTION 692.2. COMPENSATION OF SPECIAL BOARD OF CONTROL.--
30 THE MEMBERS OF THE SPECIAL BOARD APPOINTED BY THE COURT, OR THE
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1 MEMBER OTHER THAN THE EXECUTIVE DIRECTOR OF THE INTERMEDIATE
2 UNIT APPOINTED ON A TEMPORARY BASIS BY THE SUPERINTENDENT OF
3 PUBLIC INSTRUCTION, SHALL BE PAID [TEN DOLLARS ($10)] SEVENTY-
4 FIVE DOLLARS ($75) FOR EACH MEETING OF THE REGULAR BOARD OF
5 SCHOOL DIRECTORS OF THE DISTRESSED SCHOOL DISTRICT WHICH THEY
6 ATTEND: PROVIDED, HOWEVER, THAT THE TOTAL AMOUNT TO BE PAID IN
7 ANY FISCAL YEAR TO EACH SUCH MEMBER SHALL NOT EXCEED [ONE
8 HUNDRED TWENTY DOLLARS ($120)] NINE HUNDRED DOLLARS ($900). SUCH
9 PAYMENTS SHALL BE MADE FROM THE FUNDS OF THE SCHOOL DISTRICT AND
10 SHALL BE CHARGED TO ADMINISTRATIVE SERVICES EVEN THOUGH NO
11 PREVIOUS PROVISION HAS BEEN MADE IN THE BUDGET OF THE SCHOOL
12 DISTRICT FOR SUCH EXPENSES.
13 SECTION 3. SECTION 1109 OF THE ACT, AMENDED MARCH 19, 1970
14 (P.L.189, NO.73), IS AMENDED TO READ:
15 SECTION 1109. QUALIFICATIONS.--(A) EVERY TEACHER EMPLOYED
16 TO TEACH IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH MUST BE A
17 PERSON OF GOOD MORAL CHARACTER, MUST BE AT LEAST EIGHTEEN YEARS
18 OF AGE, AND MUST BE A CITIZEN OF THE UNITED STATES: PROVIDED,
19 THAT CITIZENSHIP MAY BE WAIVED IN THE CASE OF EXCHANGE TEACHERS
20 NOT PERMANENTLY EMPLOYED, AND TEACHERS EMPLOYED FOR THE PURPOSE
21 OF TEACHING FOREIGN LANGUAGES, INCLUDING SPECIAL TEACHERS WHO
22 SPEAK THE IDIOMATIC OR COLLOQUIAL LANGUAGE OF IMMIGRANTS
23 RESIDING IN THE SCHOOL DISTRICT, AND EMPLOYED FOR THE PURPOSE OF
24 EASING THE TRANSITION PERIOD OF SUCH IMMIGRANTS.
25 (B) EVERY PRINCIPAL APPOINTED AFTER AUGUST THIRTY-FIRST, ONE
26 THOUSAND NINE HUNDRED FIFTY-THREE, EMPLOYED IN THE PUBLIC
27 SCHOOLS OF THIS COMMONWEALTH, WHO DEVOTES ONE-HALF OR MORE OF
28 HIS TIME TO SUPERVISION AND ADMINISTRATION, SHALL BE PROPERLY
29 CERTIFICATED BY THE DEPARTMENT OF [PUBLIC INSTRUCTION] EDUCATION
30 IN ACCORDANCE WITH SUCH STANDARDS AS THE STATE BOARD OF
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1 EDUCATION MAY ESTABLISH.
2 SECTION 4. SECTION 1124 OF THE ACT IS AMENDED BY ADDING
3 CLAUSES TO READ:
4 SECTION 1124. CAUSES FOR SUSPENSION.--ANY BOARD OF SCHOOL
5 DIRECTORS MAY SUSPEND THE NECESSARY NUMBER OF PROFESSIONAL
6 EMPLOYES, FOR ANY OF THE CAUSES HEREINAFTER ENUMERATED:
7 * * *
8 (5) FOR THE SCHOOL YEAR 1995-1996 AND EACH SCHOOL YEAR
9 THEREAFTER, EXPERIENCING BY A SCHOOL DISTRICT OF A FIVE (5) PER
10 CENTUM OR GREATER LOSS IN TOTAL LOCAL TAX REVENUE FOR THE
11 SUPPORT OF THE PUBLIC SCHOOLS IN ANY ONE SCHOOL YEAR, COMPARED
12 WITH THE TOTAL LOCAL TAX REVENUE COLLECTIONS OF THE PREVIOUS
13 YEAR, DUE TO ECONOMIC REASONS, AS CERTIFIED BY THE SECRETARY OF
14 EDUCATION: PROVIDED, THAT THE SCHOOL DISTRICT'S EQUALIZED MILLS
15 AS COMPUTED BY THE STATE TAX EQUALIZATION BOARD ARE AT OR ABOVE
16 THE STATEWIDE AVERAGE EQUALIZED MILLS: AND PROVIDED FURTHER,
17 THAT THE SCHOOL DISTRICT DOES NOT RECEIVE STATE FUNDING IN THE
18 FORM OF TEMPORARY AID TO SCHOOL DISTRICTS SUFFERING LOSS OF TAX
19 REVENUE DUE TO BANKRUPTCY OF BUSINESSES IN THE SCHOOL DISTRICT
20 UNDER SECTION 2502.16 OF THIS ACT OR TEMPORARY SPECIAL AID TO
21 SCHOOL DISTRICTS DUE TO REAL PROPERTY ASSESSMENTS UNDER SECTION
22 2502.10 OF THIS ACT WHICH OFFSETS THE LOSS IN TOTAL LOCAL TAX
23 REVENUE. ECONOMIC REASONS SHALL INCLUDE, BUT NOT BE LIMITED TO,
24 THE FOLLOWING:
25 (I) A LOSS OF LOCAL TAX REVENUE FROM REAL ESTATE TAXES DUE
26 TO THE REASSESSMENT OF ONE OR MORE PROPERTIES WITHIN THE
27 BOUNDARIES OF THE SCHOOL DISTRICT ON THE CONDITION THAT THE
28 SCHOOL DISTRICT TAX RATES WHICH WERE IN EFFECT AT THE TIME OF
29 THE REASSESSMENT ARE NOT REDUCED.
30 (II) A LOSS OF LOCAL REVENUE FROM REAL ESTATE TAXES DURING
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1 THE SCHOOL YEAR OR THE PRECEDING SCHOOL YEAR DUE TO THE
2 NONPAYMENT OF THE TAXES WITHIN SIXTY (60) DAYS OF THE DUE DATE
3 BY ANY BUSINESSES OWNING REAL ESTATE WITHIN THE BOUNDARIES OF
4 THE SCHOOL DISTRICT, BY REASON OF BANKRUPTCY PROCEEDINGS UNDER
5 CHAPTER 7, 11 OR 13 OF 11 U.S.C. (RELATING TO BANKRUPTCY).
6 (III) A LOSS OF LOCAL REVENUE DUE TO THE CLOSURE OR
7 RELOCATION OF ANY BUSINESS EMPLOYING A SUBSTANTIAL NUMBER OF
8 DISTRICT RESIDENTS.
9 (IV) A SUBSTANTIAL INCREASE IN THE UNEMPLOYMENT RATE IN THE
10 SCHOOL DISTRICT, AS CERTIFIED BY THE SECRETARY OF LABOR AND
11 INDUSTRY.
12 (V) OTHER ECONOMIC REASONS APPROVED BY THE SECRETARY OF
13 EDUCATION.
14 (6) FOR THE SCHOOL YEAR 1994-1995 AND EACH SCHOOL YEAR
15 THEREAFTER, THE EXPERIENCING BY A SCHOOL DISTRICT OF A TEN (10)
16 PER CENTUM OR GREATER LOSS IN COMBINED STATE AND LOCAL TAX
17 REVENUE FOR THE SUPPORT OF PUBLIC SCHOOLS IN ANY ONE SCHOOL
18 YEAR, COMPARED TO THE COMBINED STATE AND LOCAL TAX REVENUE
19 RECEIVED IN THE PREVIOUS SCHOOL YEAR: PROVIDED, THAT THE
20 CONDITIONS ESTABLISHED IN CLAUSE (5) RELATING TO THE LOSS OF
21 REVENUE FROM LOCAL TAXES ARE MET: AND PROVIDED FURTHER, THAT THE
22 LOSS IN REVENUE FROM THE STATE IS NOT DUE TO A DECREASE IN PUPIL
23 ENROLLMENT IN THE DISTRICT.
24 SECTION 5. SECTION 1125.1 OF THE ACT, AMENDED OR ADDED
25 NOVEMBER 20, 1979 (P.L.465, NO.697) AND JULY 10, 1986 (P.L.1270,
26 NO.117), IS AMENDED TO READ:
27 SECTION 1125.1. PERSONS TO BE SUSPENDED.--(A) PROFESSIONAL
28 EMPLOYES SHALL BE SUSPENDED UNDER SECTION 1124 [(RELATING TO
29 CAUSES FOR SUSPENSION)] BASED UPON PERFORMANCE, MEASURED UNDER
30 SECTION 1123, AND QUALIFICATION TO TEACH A PARTICULAR SUBJECT OR
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1 GRADE LEVEL OR TO HOLD A PARTICULAR POSITION. IN DETERMINING
2 QUALIFICATION TO TEACH A PARTICULAR SUBJECT OR GRADE LEVEL OR TO
3 HOLD A PARTICULAR POSITION, THE NUMBER OF YEARS OF TEACHING THE
4 SUBJECT OR GRADE LEVEL OR OF HOLDING THE POSITION AS WELL AS THE
5 NUMBER OF YEARS THAT HAVE ELAPSED SINCE THE PROFESSIONAL EMPLOYE
6 LAST TAUGHT THE SUBJECT OR GRADE LEVEL OR LAST HELD THE POSITION
7 SHALL BE CONSIDERED IN ADDITION TO BEING PROPERLY CERTIFICATED.
8 IN CASES IN WHICH PERFORMANCE AND QUALIFICATION TO TEACH A
9 PARTICULAR SUBJECT OR GRADE LEVEL OR TO HOLD A PARTICULAR
10 POSITION ARE COMPARABLE AMONG OR BETWEEN PROFESSIONAL EMPLOYES
11 CONSIDERED FOR SUSPENSION, THE EMPLOYES SHALL BE SUSPENDED IN
12 INVERSE ORDER OF SENIORITY WITHIN THE SCHOOL ENTITY OF CURRENT
13 EMPLOYMENT. APPROVED LEAVES OF ABSENCE SHALL NOT CONSTITUTE A
14 BREAK IN SERVICE FOR PURPOSES OF COMPUTING SENIORITY FOR
15 SUSPENSION PURPOSES. SENIORITY SHALL CONTINUE TO ACCRUE DURING
16 SUSPENSION AND ALL APPROVED LEAVES OF ABSENCE.
17 (B) WHERE THERE IS OR HAS BEEN A CONSOLIDATION OF SCHOOLS,
18 DEPARTMENTS OR PROGRAMS, ALL PROFESSIONAL EMPLOYES SHALL RETAIN
19 THE SENIORITY RIGHTS THEY HAD PRIOR TO THE REORGANIZATION OR
20 CONSOLIDATION.
21 [(C) A SCHOOL ENTITY SHALL REALIGN ITS PROFESSIONAL STAFF SO
22 AS TO INSURE THAT MORE SENIOR EMPLOYES ARE PROVIDED WITH THE
23 OPPORTUNITY TO FILL POSITIONS FOR WHICH THEY ARE CERTIFICATED
24 AND WHICH ARE BEING FILLED BY LESS SENIOR EMPLOYES.
25 (D)] (C) (1) NO SUSPENDED EMPLOYE SHALL BE PREVENTED FROM
26 ENGAGING IN ANOTHER OCCUPATION DURING THE PERIOD OF SUSPENSION.
27 (2) SUSPENDED PROFESSIONAL EMPLOYES OR PROFESSIONAL EMPLOYES
28 DEMOTED FOR THE REASONS SET FORTH IN SECTION 1124 SHALL BE
29 REINSTATED ON THE BASIS OF THEIR SENIORITY REGARDING
30 QUALIFICATION TO TEACH A PARTICULAR SUBJECT OR GRADE LEVEL OR TO
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1 HOLD A PARTICULAR POSITION, FOLLOWED NEXT BY THEIR SENIORITY
2 WITHIN THE SCHOOL ENTITY. NO NEW APPOINTMENT SHALL BE MADE WHILE
3 THERE IS SUCH A SUSPENDED OR DEMOTED PROFESSIONAL EMPLOYE
4 AVAILABLE WHO IS PROPERLY CERTIFICATED TO FILL SUCH VACANCY. FOR
5 THE PURPOSE OF THIS SUBSECTION, POSITIONS FROM WHICH
6 PROFESSIONAL EMPLOYES ARE ON APPROVED LEAVES OF ABSENCE SHALL
7 ALSO BE CONSIDERED TEMPORARY VACANCIES.
8 (3) TO BE CONSIDERED AVAILABLE A SUSPENDED PROFESSIONAL
9 EMPLOYE MUST ANNUALLY REPORT TO THE GOVERNING BOARD IN WRITING
10 HIS CURRENT ADDRESS AND HIS INTENT TO ACCEPT THE SAME OR SIMILAR
11 POSITION WHEN OFFERED.
12 (4) A SUSPENDED EMPLOYE ENROLLED IN A COLLEGE PROGRAM DURING
13 A PERIOD OF SUSPENSION AND WHO IS RECALLED SHALL BE GIVEN THE
14 OPTION OF DELAYING HIS RETURN TO SERVICE UNTIL THE END OF THE
15 CURRENT SEMESTER.
16 [(E)] (D) NOTHING CONTAINED IN SECTION 1125.1(A) THROUGH
17 [(D)] (C) SHALL BE CONSTRUED TO SUPERSEDE OR PREEMPT ANY
18 PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BY A
19 SCHOOL ENTITY AND AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYES IN
20 ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563, NO.195),
21 KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT"; HOWEVER, NO
22 AGREEMENT SHALL PROHIBIT THE RIGHT OF A PROFESSIONAL EMPLOYE WHO
23 IS NOT A MEMBER OF A BARGAINING UNIT FROM RETAINING SENIORITY
24 RIGHTS UNDER THE PROVISIONS OF THIS ACT.
25 [(F)] (E) A DECISION TO SUSPEND IN ACCORDANCE WITH THIS
26 SECTION SHALL BE CONSIDERED AN ADJUDICATION WITHIN THE MEANING
27 OF THE "LOCAL AGENCY LAW."
28 SECTION 6. SECTION 1166 OF THE ACT IS REPEALED.
29 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
30 SECTION 1166.1. SABBATICAL LEAVES OF ABSENCE.--(A) THE
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1 BOARD OF DIRECTORS OF ANY SCHOOL ENTITY LOCATED IN THIS
2 COMMONWEALTH MAY, AT ITS SOLE DISCRETION, ADOPT POLICIES FOR THE
3 GRANTING OF SABBATICAL LEAVES FOR REASONS OF PROFESSIONAL
4 IMPROVEMENT OR HEALTH. SUCH POLICY MAY, ONLY WITH THE APPROVAL
5 OF A MAJORITY OF BOARD MEMBERS, BE A SUBJECT OF BARGAINING
6 BETWEEN THE SCHOOL ENTITY AND AN EMPLOYE ORGANIZATION.
7 (B) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
8 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
9 "EMPLOYE ORGANIZATION." AN EMPLOYE ORGANIZATION AS DEFINED
10 IN SECTION 1101-A OF THIS ACT.
11 "SCHOOL ENTITY." A SCHOOL ENTITY AS DEFINED IN SECTION 1101-
12 A OF THIS ACT.
13 SECTION 8. SECTIONS 1167, 1168, 1169, 1170 AND 1171 OF THE
14 ACT ARE REPEALED.
15 SECTION 9. SECTION 1309 OF THE ACT, AMENDED JUNE 17, 1993
16 (P.L.49, NO.16), IS AMENDED TO READ:
17 SECTION 1309. COST OF TUITION; HOW FIXED.--(A) THE COST OF
18 TUITION IN SUCH CASES SHALL BE FIXED AS IS NOW PROVIDED BY LAW
19 FOR TUITION COSTS IN OTHER CASES, EXCEPT IN THE FOLLOWING
20 CIRCUMSTANCES:
21 (1) WHERE, FOR THE ACCOMMODATION OF SUCH CHILDREN, IT SHALL
22 BE NECESSARY TO PROVIDE A SEPARATE SCHOOL OR TO ERECT ADDITIONAL
23 SCHOOL BUILDINGS, THE CHARGE FOR TUITION FOR SUCH CHILDREN MAY
24 INCLUDE A PROPORTIONATE COST OF THE OPERATING EXPENSES, RENTAL,
25 AND INTEREST ON ANY INVESTMENT REQUIRED TO BE MADE IN ERECTING
26 SUCH NEW SCHOOL BUILDINGS.
27 (2) WHEN A CHILD WHO IS AN INMATE OF AN INSTITUTION IS [AN
28 EXCEPTIONAL CHILD] A CHILD WITH EXCEPTIONALITIES, THE DISTRICT
29 IN WHICH THE INSTITUTION IS LOCATED MAY CHARGE THE DISTRICT OF
30 RESIDENCE, AND THE DISTRICT OF RESIDENCE SHALL PAY A SPECIAL
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1 EDUCATION CHARGE IN ADDITION TO THE APPLICABLE TUITION CHARGE.
2 SUCH SPECIAL EDUCATION CHARGE WHEN COMBINED WITH THE APPLICABLE
3 TUITION CHARGE SHALL NOT EXCEED [AN ADDITIONAL FIFTY PERCENT
4 (50%) OF THE APPLICABLE TUITION CHARGE.] THE TOTAL NET COST OF
5 THE SPECIAL EDUCATION PROGRAM PROVIDED. IN THE CASE OF A CHILD
6 WITH EXCEPTIONALITIES WHO IS AN INMATE OF AN INSTITUTION AND WHO
7 IS SERVED UNDER SECTION 2509.1(B), THE DISTRICT IN WHICH THE
8 INSTITUTION IS LOCATED MAY CHARGE THE DISTRICT OF RESIDENCE AN
9 AMOUNT THAT DOES NOT EXCEED THE TOTAL COST OF THE SPECIAL
10 EDUCATION PROGRAM PROVIDED MINUS THE AMOUNT RECEIVED PER CHILD
11 FROM THE COMMONWEALTH UNDER SECTION 2509.1(B) AND MINUS THE
12 TUITION CHARGE IMPOSED BY THE COMMONWEALTH PURSUANT TO SECTION
13 2509.1(G)(1), BUT MAY NOT CHARGE ANY OTHER TUITION CHARGE OR
14 SPECIAL EDUCATION CHARGE.
15 (B) THE TUITION HEREIN PROVIDED FOR SHALL BE PAID ANNUALLY
16 BY THE SECRETARY OF EDUCATION, THE DISTRICT OF RESIDENCE OR THE
17 INSTITUTION AS THE CASE MAY BE.
18 SECTION 10. SECTION 1310 OF THE ACT, AMENDED DECEMBER 17,
19 1982 (P.L.1378, NO.316) AND JUNE 29, 1984 (P.L.438, NO.93), IS
20 AMENDED TO READ:
21 SECTION 1310. ASSIGNMENT OF PUPILS TO SCHOOLS.--(A) [THE]
22 EXCEPT AS PROVIDED IN SECTION 1310.1 OF THIS ACT, THE BOARD OF
23 SCHOOL DIRECTORS OF EVERY SCHOOL DISTRICT OR JOINT SCHOOL SHALL,
24 FOR THE PURPOSE OF DESIGNATING THE SCHOOLS TO BE ATTENDED BY THE
25 SEVERAL PUPILS IN THE DISTRICT OR AREA SERVED BY THE JOINT
26 BOARD, SUBDIVIDE THE DISTRICT OR JOINT SCHOOL IN SUCH MANNER
27 THAT ALL THE PUPILS IN THE DISTRICT SHALL BE ASSIGNED TO, AND
28 REASONABLY ACCOMMODATED IN, ONE OF THE PUBLIC SCHOOLS IN THE
29 DISTRICT OR JOINT SCHOOL. THE BOARD OF SCHOOL DIRECTORS MAY,
30 UPON CAUSE SHOWN, PERMIT ANY PUPIL OR PUPILS IN ANY SCHOOL
19950H0038B2088 - 15 -
1 DISTRICT TO ATTEND SUCH OTHER SCHOOL IN THE DISTRICT AS THE
2 BOARD MAY DEEM PROPER, OR MAY CLASSIFY AND ASSIGN THE PUPILS IN
3 THE DISTRICT TO ANY SCHOOL OR SCHOOLS THEREIN AS IT MAY DEEM
4 BEST, IN ORDER TO PROPERLY EDUCATE THEM. WHENEVER ANY CHILD OR
5 CHILDREN OF COMPULSORY SCHOOL AGE HAVE THEIR RESIDENCE MORE THAN
6 TWO (2) MILES BY THE NEAREST PUBLIC HIGHWAY FROM THE SCHOOL
7 WITHIN THE DISTRICT TO WHICH THEY HAVE BEEN ASSIGNED, AND FREE
8 TRANSPORTATION FOR SUCH CHILD OR CHILDREN TO A SCHOOL WITHIN THE
9 DISTRICT IS NOT PROVIDED, AND THERE IS A SCHOOL IN SESSION IN
10 SOME OTHER DISTRICT IN THE COMMONWEALTH WITHIN TWO (2) MILES BY
11 THE NEAREST PUBLIC HIGHWAY OF THE RESIDENCE OF SUCH CHILD OR
12 CHILDREN, THE BOARD OF SCHOOL DIRECTORS SHALL, WITH THE CONSENT
13 OF THE BOARD OF SCHOOL DIRECTORS OF SUCH OTHER DISTRICT,
14 REASSIGN SUCH CHILD OR CHILDREN TO SUCH SCHOOL IN THE OTHER
15 DISTRICT, AND SHALL PAY TO SAID DISTRICT THE TUITION CHARGE
16 PROVIDED FOR BY THIS ACT. THIS PROVISION SHALL INCLUDE IN LIKE
17 MANNER ASSIGNMENT TO HIGH SCHOOLS IN THE CASE OF PUPILS OF
18 COMPULSORY SCHOOL AGE WHO ARE QUALIFIED TO BE ENROLLED IN SUCH
19 HIGH SCHOOLS. IT SHALL BE UNLAWFUL FOR ANY SCHOOL DIRECTORS,
20 SUPERINTENDENT, OR TEACHER TO MAKE ANY DISTINCTION WHATEVER, ON
21 ACCOUNT OF, OR BY REASON OF, THE RACE OR COLOR OF ANY PUPIL OR
22 SCHOLAR WHO MAY BE IN ATTENDANCE UPON, OR SEEKING ADMISSION TO,
23 ANY PUBLIC SCHOOL MAINTAINED WHOLLY OR IN PART UNDER THE SCHOOL
24 LAWS OF THE COMMONWEALTH.
25 (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED WITHIN
26 THIS LAW, THE BOARD OF SCHOOL DIRECTORS OF ANY SCHOOL DISTRICT,
27 IN WHICH A DAY TREATMENT PROGRAM OPERATED UNDER APPROVAL FROM
28 THE DEPARTMENT OF PUBLIC WELFARE BY A PRIVATE CHILDREN AND YOUTH
29 AGENCY IS LOCATED, MAY IN ITS DISCRETION PURCHASE EDUCATIONAL
30 SERVICES FOR CHILDREN REFERRED, PURSUANT TO A PROCEEDING UNDER
19950H0038B2088 - 16 -
1 42 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS), TO SUCH AN
2 AGENCY. BEFORE THE BOARD OF SCHOOL DIRECTORS PURCHASES
3 EDUCATIONAL SERVICES FROM THE AGENCY FOR A SPECIFIC CHILD, IT
4 MUST DOCUMENT THAT THE CHILD CANNOT RECEIVE APPROPRIATE
5 EDUCATIONAL SERVICES IN A REGULAR CLASSROOM SETTING BECAUSE OF
6 BEHAVIORAL OR PSYCHOLOGICAL REASONS: PROVIDED, HOWEVER, THAT
7 NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO ALTER OR
8 LIMIT THE EDUCATIONAL RIGHTS OF EXCEPTIONAL CHILDREN.
9 (C) THE ACTUAL COST, NOT TO EXCEED THE TUITION CHARGES OF
10 THE SCHOOL DISTRICT IN WHICH SUCH DAY TREATMENT PROGRAM IS
11 LOCATED, SHALL BE BORNE BY THE SCHOOL DISTRICT OF THE CHILD'S
12 RESIDENCE. IF THE SCHOOL DISTRICT OF RESIDENCE OF THE CHILD
13 CANNOT BE DETERMINED, THE COSTS SHALL BE BORNE BY THE DEPARTMENT
14 OF EDUCATION. THE DEPARTMENT SHALL EFFECTUATE NECESSARY
15 PROCEDURES FOR THE TRANSFER OF FUNDS FROM THE SCHOOL DISTRICT OF
16 RESIDENCE TO THE SCHOOL DISTRICT IN WHICH THE DAY TREATMENT
17 PROGRAM IS LOCATED. IN EFFECTUATING THE TRANSFER OF FUNDS, THE
18 DEPARTMENT MAY DEDUCT THE APPROPRIATE AMOUNT FROM THE BASIC
19 INSTRUCTIONAL SUBSIDY OF ANY SCHOOL DISTRICT WHICH HAD RESIDENT
20 STUDENTS WHO WERE PROVIDED EDUCATIONAL SERVICES BY AN APPROVED
21 CHILDREN AND YOUTH AGENCY.
22 (D) FOR THE PURPOSE OF THIS SECTION, EDUCATIONAL SERVICES
23 SHALL BE DEFINED AS DIRECT EXPENDITURES FOR INSTRUCTION AND THE
24 ADMINISTRATION OF THE INSTRUCTIONAL PROGRAM. ANY EXPENDITURE NOT
25 PERTAINING DIRECTLY TO INSTRUCTION AND THE ADMINISTRATION OF THE
26 INSTRUCTIONAL PROGRAM OF THE STUDENTS SHALL BE CONSIDERED A COST
27 OF CHILD WELFARE SERVICES AS PROVIDED FOR IN SECTIONS 704.1 AND
28 704.2, ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE
29 "PUBLIC WELFARE CODE," AND AS A SOCIAL SERVICE AS DEFINED IN THE
30 REGULATIONS PROMULGATED PURSUANT TO THAT ACT. UNDER NO
19950H0038B2088 - 17 -
1 CIRCUMSTANCES SHALL A SCHOOL DISTRICT OR THE DEPARTMENT OF
2 EDUCATION BE REQUIRED TO PROVIDE FUNDING FOR PROGRAMS OPERATED
3 IN EXCESS OF ONE HUNDRED EIGHTY (180) DAYS OF INSTRUCTION OR
4 NINE HUNDRED (900) HOURS OF INSTRUCTION AT THE ELEMENTARY LEVEL
5 OR NINE HUNDRED NINETY (990) HOURS OF INSTRUCTION AT THE
6 SECONDARY LEVEL DURING ANY ONE SCHOOL YEAR.
7 SECTION 11. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
8 SECTION 1310.1. EDUCATIONAL CHOICE.--(A) THE GENERAL
9 ASSEMBLY FINDS THAT:
10 (1) AN EDUCATED POPULACE IS ESSENTIAL TO THE POLITICAL AND
11 ECONOMIC HEALTH OF THE COMMONWEALTH.
12 (2) EDUCATING THE CHILDREN OF PENNSYLVANIA IS A GOVERNMENTAL
13 DUTY AND A MATTER OF LEGITIMATE CONCERN.
14 (3) THE LEGITIMATE INTEREST AND GOVERNMENTAL DUTY OF THE
15 COMMONWEALTH IN FACILITATING EDUCATION OF THE HIGHEST QUALITY
16 FOR PENNSYLVANIA'S CHILDREN IS ENHANCED BY ENCOURAGING
17 COMPETITIVE AND DIVERSE ALTERNATIVES FOR PARENTS AND STUDENTS
18 THAT ENABLE THEM TO CHOOSE FROM BOTH PUBLIC AND NONPUBLIC
19 EDUCATIONAL PROGRAMS.
20 (4) THE IMPORTANCE OF QUALITY EDUCATION AND THE NEED TO
21 MAINTAIN AND OPERATE AN EFFECTIVE SYSTEM OF EDUCATION MAKE IT
22 IMPERATIVE TO PROVIDE FOR THE INCREASED AVAILABILITY OF DIVERSE
23 OPPORTUNITIES, INCLUDING BOTH PUBLIC AND NONPUBLIC PROGRAMS OF
24 EDUCATION WHICH BENEFIT ALL CITIZENS OF THIS COMMONWEALTH.
25 (5) MANY DISADVANTAGED SCHOOL-AGE RESIDENTS OF THIS
26 COMMONWEALTH ENJOY COMPARATIVELY FEWER EDUCATIONAL OPPORTUNITIES
27 OR OPTIONS THAN SCHOOL-AGE RESIDENTS WHO POSSESS GREATER
28 ECONOMIC MEANS.
29 (6) THE EXISTENCE OF NONPUBLIC EDUCATIONAL ALTERNATIVES
30 DECREASES THE BURDENS ON THE COMMONWEALTH AND INCREASES THE
19950H0038B2088 - 18 -
1 RANGE OF EDUCATIONAL CHOICES AVAILABLE TO PENNSYLVANIA FAMILIES,
2 THUS PROVIDING A BENEFIT TO ALL CITIZENS OF THIS COMMONWEALTH.
3 (7) A COMPARATIVELY FAR GREATER PROPORTION OF PUBLIC FUNDS
4 ARE AND, UPON IMPLEMENTATION OF AN EDUCATIONAL CHOICE PROGRAM,
5 WILL CONTINUE TO BE DEVOTED TO THE BENEFIT OF STUDENTS ENROLLED
6 IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH.
7 (8) SCHOOL-AGE RESIDENTS OF THIS COMMONWEALTH, THEIR PARENTS
8 AND THE COMMONWEALTH IN GENERAL WILL BENEFIT FROM A PROGRAM OF
9 ECONOMIC ASSISTANCE WHICH FOSTERS THE ABILITY TO CHOOSE THE
10 EDUCATIONAL SETTING BEST SUITED TO EACH CHILD'S NEEDS.
11 (9) A PROGRAM OF ECONOMIC ASSISTANCE TO ENHANCE EDUCATIONAL
12 CHOICE IN PENNSYLVANIA WILL GREATLY AID EFFORTS TO EQUALIZE
13 EDUCATIONAL OPPORTUNITIES FOR THE CITIZENS OF THIS COMMONWEALTH,
14 WILL BETTER PREPARE PENNSYLVANIA'S CITIZENS TO COMPETE FOR
15 EMPLOYMENT OPPORTUNITIES, WILL FOSTER DEVELOPMENT OF A MORE
16 CAPABLE AND BETTER-EDUCATED WORK FORCE AND WILL BETTER ENABLE
17 THE COMMONWEALTH TO FULFILL ITS GOVERNMENTAL DUTY OF PROVIDING A
18 QUALITY EDUCATION TO CHILDREN.
19 (B) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
20 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
21 "BASIC EDUCATION FUNDING." SUBSIDY PAYMENTS ON ACCOUNT OF
22 INSTRUCTION TO SCHOOL DISTRICTS AS PROVIDED UNDER SECTION
23 2502.21 OF THIS ACT AND PAYMENTS FOR FOUNDATION FUNDING FOR
24 EQUITY FOR THE 1993-1994 SCHOOL YEAR AS PROVIDED IN THE ACT OF
25 JUNE 16, 1994 (P.L. , NO.6A), KNOWN AS THE "GENERAL
26 APPROPRIATION ACT OF 1994," AND THEIR SUCCESSOR PROVISIONS.
27 "EDUCATIONAL OPPORTUNITY GRANT" OR "GRANT." A GRANT AWARDED
28 TO THE PARENTS OF AN ELIGIBLE GRANT RECIPIENT PURSUANT TO THIS
29 SECTION.
30 "ELIGIBLE GRANT RECIPIENT." A SCHOOL-AGE RESIDENT OF THE
19950H0038B2088 - 19 -
1 COMMONWEALTH WHO ATTENDS OR IS ABOUT TO ATTEND A FULL-TIME
2 KINDERGARTEN, A PART-TIME KINDERGARTEN, AN ELEMENTARY SCHOOL OR
3 A SECONDARY SCHOOL WITHIN THIS COMMONWEALTH ON A TUITION-PAYING
4 BASIS AND WHOSE PARENTS RECEIVED TAXABLE INCOME WHICH DID NOT
5 EXCEED THE LIMITS PRESCRIBED IN SUBCLAUSE (II) OF CLAUSE (2) OF
6 SUBSECTION (E) OF THIS SECTION.
7 "NONPUBLIC" OR "NONPUBLIC SCHOOL." ANY SCHOOL, OTHER THAN A
8 PUBLIC SCHOOL, LOCATED WITHIN THIS COMMONWEALTH WHERE A
9 COMMONWEALTH RESIDENT MAY LEGALLY FULFILL THE COMPULSORY SCHOOL
10 ATTENDANCE REQUIREMENTS AND WHICH MEETS THE APPLICABLE
11 REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC
12 LAW 88-352, 78 STAT. 241). THE TERM ALSO INCLUDES A FULL-TIME OR
13 PART-TIME KINDERGARTEN PROGRAM OPERATED BY A NONPUBLIC SCHOOL.
14 "PARENT" OR "PARENTS." A COMMONWEALTH RESIDENT WHO IS A
15 PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION OF A
16 PENNSYLVANIA RESIDENT SCHOOL-AGE CHILD OR CHILDREN.
17 "SCHOOL." ANY PUBLIC OR NONPUBLIC ELEMENTARY OR SECONDARY
18 SCHOOL LOCATED WITHIN THIS COMMONWEALTH WHERE A COMMONWEALTH
19 RESIDENT MAY LEGALLY FULFILL THE COMPULSORY SCHOOL ATTENDANCE
20 REQUIREMENTS AND WHICH MEETS THE APPLICABLE REQUIREMENTS OF
21 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC LAW 88-352, 78
22 STAT. 241). THE TERM ALSO INCLUDES A FULL-TIME OR PART-TIME
23 KINDERGARTEN PROGRAM OPERATED BY A SCHOOL. THE TERM DOES NOT
24 INCLUDE AN APPROVED PRIVATE SCHOOL AS PROVIDED FOR IN SECTION
25 1376 OR A CHARTERED SCHOOL AS PROVIDED FOR IN SECTION 1376.1.
26 "SCHOOL-AGE." THE PERIOD OF A CHILD'S LIFE, FROM THE
27 EARLIEST ADMISSION AGE TO A SCHOOL'S KINDERGARTEN PROGRAM UNTIL
28 THE AGE OF TWENTY-ONE (21) YEARS OR GRADUATION FROM HIGH SCHOOL,
29 WHICHEVER OCCURS FIRST.
30 "STUDENT." A SCHOOL-AGE RESIDENT OF THIS COMMONWEALTH WHO
19950H0038B2088 - 20 -
1 ATTENDS OR IS ABOUT TO ATTEND A FULL-TIME KINDERGARTEN, A PART-
2 TIME KINDERGARTEN, AN ELEMENTARY SCHOOL OR A SECONDARY SCHOOL
3 WITHIN THIS COMMONWEALTH.
4 "TAXABLE INCOME." THE TERM AS DEFINED IN SECTION 63 OF THE
5 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 1
6 ET SEQ.) OR THE CORRESPONDING PROVISION OF ANY SUCCESSOR STATUTE
7 AND REPORTED BY THE PARENT OF AN ELIGIBLE GRANT RECIPIENT ON THE
8 PARENT'S FEDERAL INCOME TAX RETURN AS TAXABLE INCOME DURING THE
9 CALENDAR YEAR IMMEDIATELY PRECEDING THE BEGINNING OF THE SCHOOL
10 YEAR FOR WHICH AN EDUCATIONAL OPPORTUNITY GRANT IS SOUGHT. FOR
11 INDIVIDUALS WHO ARE NOT REQUIRED TO FILE A FEDERAL INCOME TAX
12 RETURN, THE TERM SHALL MEAN ALL INCOME FROM WHATEVER SOURCE
13 DERIVED, CALCULATED AS IF THAT INDIVIDUAL WAS REQUIRED TO FILE A
14 FEDERAL INCOME TAX RETURN.
15 WORDS AND PHRASES NOT SPECIFICALLY DEFINED IN THIS SUBSECTION
16 FOR PURPOSES OF THIS SECTION SHALL HAVE THE MEANINGS OTHERWISE
17 GENERALLY PRESCRIBED PURSUANT TO THIS ACT.
18 (C) BEGINNING WITH THE SCHOOL YEAR 1995-1996, EVERY PUBLIC
19 SCHOOL STUDENT IN THIS COMMONWEALTH SHALL BE PERMITTED TO ATTEND
20 THE PUBLIC SCHOOL SELECTED BY THE STUDENT'S PARENTS, UNLESS:
21 (1) THE PUBLIC SCHOOL SELECTED HAS NO ADDITIONAL ATTENDANCE
22 SLOTS AVAILABLE AND THE DISTRICT SO NOTIFIES THE DEPARTMENT OF
23 EDUCATION AND THE STUDENT WITHIN TIME LIMITATIONS ESTABLISHED BY
24 THE DEPARTMENT OF EDUCATION FOR THIS PURPOSE;
25 (2) THE STUDENT'S ATTENDANCE WOULD PLACE EITHER THE
26 RECEIVING SCHOOL DISTRICT OR THE STUDENT'S DISTRICT OF RESIDENCE
27 IN VIOLATION OF A VALID AND BINDING DESEGREGATION ORDER;
28 (3) THE PUBLIC SCHOOL REQUESTED DOES NOT OFFER APPROPRIATE
29 PROGRAMS OR IS NOT STRUCTURED OR EQUIPPED WITH THE NECESSARY
30 FACILITIES TO MEET THE SPECIAL NEEDS OF THE STUDENT OR DOES NOT
19950H0038B2088 - 21 -
1 OFFER A PARTICULAR PROGRAM REQUESTED;
2 (4) THE STUDENT HAS BEEN EXPELLED OR IS IN THE PROCESS OF
3 BEING EXPELLED PURSUANT TO SECTION 1318 OF THIS ACT AND
4 APPLICABLE REGULATIONS OF THE STATE BOARD OF EDUCATION; OR
5 (5) THE STUDENT DOES NOT MEET THE ESTABLISHED ELIGIBILITY
6 CRITERIA FOR PARTICIPATION IN MAGNET SCHOOLS OR IN SCHOOLS WITH
7 SPECIALIZED ACADEMIC MISSIONS.
8 (D) (1) NOT LATER THAN JULY 15, 1995, OF THE 1995-1996
9 SCHOOL YEAR, THE PARENTS OF A SCHOOL-AGE STUDENT WHO IS
10 ATTENDING OR IS ABOUT TO ATTEND A PUBLIC SCHOOL MAY APPLY TO UP
11 TO THREE PUBLIC SCHOOLS WHICH THE STUDENT WISHES TO ATTEND
12 DURING THE 1995-1996 SCHOOL YEAR. THE APPLICATION SHALL BE ON A
13 FORM PROVIDED BY THE DEPARTMENT OF EDUCATION. IN SUBSEQUENT
14 YEARS THE DEADLINE FOR FILING APPLICATIONS SHALL BE MARCH 1
15 PRECEDING THE SCHOOL TERM WHICH COMMENCES IN THAT YEAR. THE
16 SCHOOL DISTRICT SHALL NOTIFY THE PARENT NOT LATER THAN AUGUST
17 15, 1995, FOR THE 1995-1996 SCHOOL YEAR, AND IN SUBSEQUENT YEARS
18 THE SCHOOL DISTRICT SHALL NOTIFY THE PARENT NOT LATER THAN MAY 1
19 PRECEDING THE SCHOOL TERM WHICH COMMENCES IN THAT YEAR, WHETHER
20 OR NOT THE APPLICATION HAS BEEN ACCEPTED. IF THE APPLICATION IS
21 NOT MADE IN A TIMELY FASHION OR CANNOT BE APPROVED PURSUANT TO
22 SUBSECTION (C), THE STUDENT'S DISTRICT OF RESIDENCE SHALL
23 DETERMINE THE PUBLIC SCHOOL WITHIN THAT DISTRICT TO WHICH THE
24 STUDENT SHALL BE ASSIGNED PURSUANT TO THIS ACT.
25 (2) THE COMMONWEALTH SHALL MAKE PAYMENT, PURSUANT TO THE
26 SCHEDULE CONTAINED IN SECTION 2517, TO EACH PUBLIC SCHOOL
27 DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL OR INTERMEDIATE UNIT
28 WHICH ACCEPTS A NONRESIDENT STUDENT UNDER THE PROVISIONS OF THIS
29 SECTION IN THE FOLLOWING MANNER:
30 (I) THE COMMONWEALTH SHALL PAY ON A CURRENT-YEAR BASIS FROM
19950H0038B2088 - 22 -
1 CURRENT-YEAR APPROPRIATIONS TO EACH SCHOOL DISTRICT, AREA
2 VOCATIONAL-TECHNICAL SCHOOL OR INTERMEDIATE UNIT WHICH ACCEPTS A
3 NONRESIDENT STUDENT ON A TUITION BASIS AN AMOUNT EQUAL TO THE
4 GREATER OF THE PER PUPIL BASIC EDUCATION FUNDING OF THE
5 STUDENT'S SCHOOL DISTRICT OF RESIDENCE OR OF THE RECEIVING
6 SCHOOL DISTRICT. NO STUDENT ATTENDING A PUBLIC SCHOOL OUTSIDE
7 THE STUDENT'S DISTRICT OF RESIDENCE SHALL BE INCLUDED IN THE
8 AVERAGE DAILY MEMBERSHIP FOR PURPOSES OF DETERMINING THE BASIC
9 EDUCATION FUNDING IN EITHER THE STUDENT'S SCHOOL DISTRICT OF
10 RESIDENCE OR THE RECEIVING SCHOOL DISTRICT.
11 (II) FOR A NONRESIDENT STUDENT WHO IS A GRANT RECIPIENT AND
12 WHO IS DEFINED AS AN "EXCEPTIONAL STUDENT" PURSUANT TO 22 PA.
13 CODE § 14.1 (RELATING TO DEFINITIONS), THE RESIDENT DISTRICT
14 SHALL NOT BE REQUIRED TO PAY MORE FOR SERVICES PROVIDED TO THE
15 STUDENT BY THE RECEIVING DISTRICT THAN THE DIFFERENCE BETWEEN
16 THE CURRENT-YEAR COST OF THE SERVICES, HAD THE STUDENT REMAINED
17 IN THE RESIDENT DISTRICT, AND THE SUM OF THE GRANT PLUS THE PER
18 PUPIL BASIC EDUCATION FUNDING LEVEL FOLLOWING THE GRANT
19 RECIPIENT. THE RESIDENT DISTRICT SHALL PROVIDE THE RECEIVING
20 DISTRICT WITH DOCUMENTATION OF THE PRIOR YEAR'S COST OF SERVICES
21 PROVIDED TO THE STUDENT AND AN ESTIMATE OF THE COST OF PROVIDING
22 THOSE SERVICES IN THE CURRENT YEAR HAD THE STUDENT REMAINED IN
23 THE RESIDENT DISTRICT. ANY COST NOT COVERED BY THIS FUNDING
24 SHALL BE BORNE BY THE RECEIVING SCHOOL DISTRICT.
25 (III) FOR A NONRESIDENT STUDENT WHO IS NOT A GRANT RECIPIENT
26 AND WHO IS DEFINED AS AN "EXCEPTIONAL STUDENT" PURSUANT TO 22
27 PA. CODE § 14.1, THE RESIDENT DISTRICT SHALL NOT BE REQUIRED TO
28 PAY MORE FOR SERVICES PROVIDED TO THE STUDENT BY THE RECEIVING
29 DISTRICT THAN THE DIFFERENCE BETWEEN THE CURRENT-YEAR COST OF
30 THE SERVICES, HAD THE STUDENT REMAINED IN THE RESIDENT DISTRICT,
19950H0038B2088 - 23 -
1 AND THE PER PUPIL BASIC EDUCATION FUNDING LEVEL FOLLOWING THE
2 GRANT RECIPIENT. THE RESIDENT DISTRICT SHALL PROVIDE THE
3 RECEIVING DISTRICT WITH DOCUMENTATION OF THE PRIOR YEAR'S COST
4 OF SERVICES PROVIDED TO THE STUDENT AND AN ESTIMATE OF THE COST
5 OF PROVIDING THOSE SERVICES IN THE CURRENT YEAR HAD THE STUDENT
6 REMAINED IN THE RESIDENT DISTRICT. ANY COST NOT COVERED BY THIS
7 FUNDING SHALL BE BORNE BY THE RECEIVING SCHOOL DISTRICT.
8 (IV) A STUDENT RECEIVING SERVICES UNDER SUBCLAUSE (II) OR
9 (III) SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP OF THE
10 STUDENT'S RESIDENT DISTRICT FOR THE PURPOSE OF DETERMINING
11 SPECIAL EDUCATION FUNDING PURSUANT TO SECTION 2509.5.
12 (3) EACH SCHOOL DISTRICT IN ITS SOLE DISCRETION SHALL
13 DETERMINE BY RESOLUTION THE NUMBER OF AVAILABLE ATTENDANCE SLOTS
14 ON AN ANNUAL BASIS AT EACH AGE OR GRADE LEVEL AT EACH OF ITS
15 PUBLIC SCHOOLS AND SHALL REPORT THAT NUMBER TO THE DEPARTMENT OF
16 EDUCATION EACH YEAR BY A DATE TO BE ESTABLISHED BY THE
17 DEPARTMENT OF EDUCATION. IN DETERMINING AND ALLOCATING THE
18 NUMBER OF ATTENDANCE SLOTS AVAILABLE, EACH SCHOOL DISTRICT SHALL
19 MAKE PROVISION FOR THE ACCOMMODATION OF ANY RESIDENT OF THE
20 DISTRICT, GIVING FIRST PREFERENCE TO STUDENTS RESIDING WITHIN A
21 SCHOOL'S ATTENDANCE ZONE, WHO DESIRES TO ATTEND A PARTICULAR
22 PUBLIC SCHOOL IN THE DISTRICT AND, AFTER MAKING PROVISION FOR
23 THE ATTENDANCE OF THE REMAINING RESIDENT STUDENTS, SHALL
24 THEREAFTER GIVE FIRST PREFERENCE TO NONRESIDENT STUDENTS WHO
25 WERE IN ATTENDANCE IN THE DISTRICT'S SCHOOLS DURING THE
26 IMMEDIATELY PRECEDING SCHOOL TERM. IF SUFFICIENT SLOTS ARE NOT
27 AVAILABLE TO ACCOMMODATE NONRESIDENT STUDENTS WHO WERE IN
28 ATTENDANCE IN THE DISTRICT'S SCHOOLS DURING THE IMMEDIATELY
29 PRECEDING SCHOOL TERM, AVAILABLE SLOTS SHALL BE ALLOCATED ON A
30 RANDOM BASIS AMONG THESE STUDENTS. SHOULD ANY ATTENDANCE SLOTS
19950H0038B2088 - 24 -
1 THEREAFTER REMAIN AVAILABLE, THE SLOTS SHALL BE FILLED BY THE
2 SUPERINTENDENT OR HIS DESIGNEE, THROUGH A PUBLICLY CONDUCTED
3 LOTTERY, FROM THE POOL OF ALL REMAINING QUALIFIED APPLICANTS WHO
4 HAVE MADE TIMELY APPLICATION. WITH THE EXCEPTION OF MAGNET
5 SCHOOLS OR SCHOOLS WITH SPECIALIZED ACADEMIC MISSIONS, SELECTION
6 PROCEDURES SHALL NOT INCLUDE ELIGIBILITY CRITERIA IN THE
7 ALLOCATION OF AVAILABLE SLOTS.
8 (E) (1) EDUCATIONAL OPPORTUNITY GRANTS AUTHORIZED PURSUANT
9 TO THIS SECTION SHALL BE MADE FROM ANNUAL APPROPRIATIONS MADE BY
10 THE GENERAL ASSEMBLY TO THE DEPARTMENT OF EDUCATION FOR THIS
11 PURPOSE. IN THE EVENT THAT INSUFFICIENT MONEYS ARE APPROPRIATED
12 IN ANY FISCAL YEAR TO PROVIDE GRANTS TO ALL PARENTS OF ELIGIBLE
13 GRANT RECIPIENTS IN THE FULL AMOUNT AUTHORIZED, THE DEPARTMENT
14 OF EDUCATION SHALL MAKE PRO RATA REDUCTIONS IN THE AMOUNT OF THE
15 GRANT PROVIDED TO EACH PARENT. THE TOTAL AMOUNT OF GRANTS
16 PROVIDED IN ANY FISCAL YEAR SHALL BE LIMITED TO THE AMOUNT OF
17 MONEY APPROPRIATED FOR THAT FISCAL YEAR.
18 (2) THE DEPARTMENT OF EDUCATION SHALL ADMINISTER A PROGRAM
19 OF EDUCATIONAL OPPORTUNITY GRANT AWARDS TO BE MADE ANNUALLY TO
20 THE PARENTS OF EACH ELIGIBLE GRANT RECIPIENT SUBJECT TO THE
21 FOLLOWING TERMS, CONDITIONS AND PAYMENT SCHEDULES:
22 (I) GRANTS SHALL BE MADE ONLY FOR THE PAYMENT OF COSTS OF
23 TUITION AT A SCHOOL WITHIN THIS COMMONWEALTH. GRANTS SHALL NOT
24 BE MADE FOR A HOME EDUCATION PROGRAM PROVIDED PURSUANT TO
25 SECTION 1327.1.
26 (II) FOR THE SCHOOL YEAR 1995-1996, A GRANT SHALL BE
27 AVAILABLE ONLY TO ELIGIBLE GRANT RECIPIENTS WHO RESIDE IN ANY OF
28 THE ONE HUNDRED SIXTY-SEVEN (167) SCHOOL DISTRICTS IDENTIFIED BY
29 THE DEPARTMENT OF EDUCATION AS OF JUNE 30, 1995, AS HAVING THE
30 HIGHEST PERCENTAGE OF CHILDREN OF FAMILIES ELIGIBLE TO RECEIVE
19950H0038B2088 - 25 -
1 FEDERAL ASSISTANCE UNDER THE AID TO FAMILIES WITH DEPENDENT
2 CHILDREN PROVISIONS IN TITLE IV OF THE SOCIAL SECURITY ACT (49
3 STAT. 620, 42 U.S.C. § 601 ET SEQ.) WHEN MEASURED AS A
4 PERCENTAGE OF THE DISTRICT'S AVERAGE DAILY MEMBERSHIP, AND WHOSE
5 PARENTS RECEIVED TAXABLE INCOME WHICH DID NOT EXCEED FIFTEEN
6 THOUSAND DOLLARS ($15,000). FOR THE SCHOOL YEAR 1996-1997, A
7 GRANT SHALL BE AVAILABLE ONLY TO ELIGIBLE GRANT RECIPIENTS WHO
8 RESIDE IN THE THREE HUNDRED THIRTY-FOUR (334) SCHOOL DISTRICTS
9 IDENTIFIED BY THE DEPARTMENT OF EDUCATION AS OF JUNE 30, 1995,
10 AS HAVING THE HIGHEST PERCENTAGE OF CHILDREN FROM FAMILIES
11 ELIGIBLE TO RECEIVE FEDERAL ASSISTANCE UNDER THE AID TO FAMILIES
12 WITH DEPENDENT CHILDREN PROVISIONS WHEN MEASURED AS A PERCENTAGE
13 OF THE DISTRICT'S AVERAGE DAILY MEMBERSHIP, AND WHOSE PARENTS
14 RECEIVED TAXABLE INCOME WHICH DID NOT EXCEED TWENTY THOUSAND
15 DOLLARS ($20,000). FOR THE SCHOOL YEAR 1997-1998, A GRANT SHALL
16 BE AVAILABLE ONLY TO THOSE ELIGIBLE GRANT RECIPIENTS, REGARDLESS
17 OF THE SCHOOL DISTRICT OF THEIR RESIDENCE, WHOSE PARENTS
18 RECEIVED TAXABLE INCOME WHICH DID NOT EXCEED TWENTY-FIVE
19 THOUSAND DOLLARS ($25,000). FOR THE SCHOOL YEAR 1998-1999, A
20 GRANT SHALL BE AVAILABLE ONLY TO THOSE ELIGIBLE GRANT
21 RECIPIENTS, REGARDLESS OF THE SCHOOL DISTRICT OF THEIR
22 RESIDENCE, WHOSE PARENTS RECEIVED TAXABLE INCOME WHICH DID NOT
23 EXCEED FORTY THOUSAND DOLLARS ($40,000). FOR THE SCHOOL YEAR
24 1999-2000, A GRANT SHALL BE AVAILABLE ONLY TO ELIGIBLE GRANT
25 RECIPIENTS, REGARDLESS OF THE SCHOOL DISTRICT OF THEIR
26 RESIDENCE, WHOSE PARENTS RECEIVED TAXABLE INCOME WHICH DID NOT
27 EXCEED FIFTY-FIVE THOUSAND DOLLARS ($55,000). FOR THE SCHOOL
28 YEAR 2000-2001, THE TERM SHALL APPLY ONLY TO ELIGIBLE GRANT
29 RECIPIENTS, REGARDLESS OF THE SCHOOL DISTRICT OF THEIR
30 RESIDENCE, WHOSE PARENTS RECEIVED TAXABLE INCOME WHICH DID NOT
19950H0038B2088 - 26 -
1 EXCEED SEVENTY THOUSAND DOLLARS ($70,000). FOR THE SCHOOL YEAR
2 2001-2002 AND EACH SCHOOL YEAR THEREAFTER, THE TAXABLE INCOME
3 LIMIT OF SEVENTY THOUSAND DOLLARS ($70,000) SHALL BE ADJUSTED BY
4 THE DEPARTMENT OF EDUCATION TO REFLECT ANY PERCENTAGE CHANGE IN
5 THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS DEVELOPED AND
6 UPDATED BY THE BUREAU OF LABOR STATISTICS OF THE UNITED STATES
7 DEPARTMENT OF LABOR.
8 (III) FOR THE SCHOOL YEARS 1995-1996, 1996-1997, 1997-1998
9 AND 1998-1999, THE GRANT SHALL BE THE LESSER OF SEVEN HUNDRED
10 DOLLARS ($700) OR AN AMOUNT EQUAL TO NINETY PER CENTUM (90%) OF
11 THE ACTUAL AMOUNT OF TUITION PAID OR TO BE PAID:
12 (A) (I) FOR AN ELIGIBLE GRANT RECIPIENT ENROLLED IN A FULL-
13 DAY KINDERGARTEN PROGRAM MEETING THE REQUIREMENTS RELATING TO
14 MINIMUM HOURS OR DAYS OF INSTRUCTION AS PROVIDED IN SECTION
15 1327(B);
16 (II) FOR AN ELIGIBLE GRANT RECIPIENT ENROLLED IN ANY GRADE
17 ONE THROUGH EIGHT; OR
18 (III) FOR INSTRUCTION PROVIDED THROUGH AGE GROUPING FOR THE
19 MIDDLE LEVEL OF EDUCATION AS PROVIDED IN THE REGULATIONS OF THE
20 STATE BOARD OF EDUCATION, AND THE LESSER OF ONE THOUSAND DOLLARS
21 ($1,000) OR AN AMOUNT EQUAL TO NINETY PER CENTUM (90%) OF THE
22 ACTUAL AMOUNT OF TUITION PAID OR TO BE PAID:
23 (B) (I) FOR AN ELIGIBLE GRANT RECIPIENT ENROLLED IN GRADES
24 NINE THROUGH TWELVE; OR
25 (II) FOR AN ELIGIBLE GRANT RECIPIENT RECEIVING A HIGH SCHOOL
26 EDUCATION AS PROVIDED IN THE REGULATIONS OF THE STATE BOARD OF
27 EDUCATION.
28 FOR EACH SCHOOL YEAR SUBSEQUENT TO 1998-1999, THE MAXIMUM AMOUNT
29 OF A GRANT SHALL BE INCREASED BY A PERCENTAGE FACTOR EQUAL TO
30 THE PERCENTAGE INCREASE IN THE STATE APPROPRIATION FOR BASIC
19950H0038B2088 - 27 -
1 EDUCATION FUNDING ON A PER PUPIL BASIS FOR EACH STUDENT ENROLLED
2 IN A PUBLIC SCHOOL IN THIS COMMONWEALTH.
3 (IV) FOR THE SCHOOL YEARS 1995-1996, 1996-1997, 1997-1998
4 AND 1998-1999, THE GRANT SHALL BE THE LESSER OF THREE HUNDRED
5 FIFTY DOLLARS ($350) OR AN AMOUNT EQUAL TO NINETY PER CENTUM
6 (90%) OF THE ACTUAL AMOUNT OF TUITION PAID OR TO BE PAID FOR AN
7 ELIGIBLE GRANT RECIPIENT ENROLLED IN A HALF-DAY KINDERGARTEN
8 PROGRAM MEETING THE REQUIREMENTS OF THIS ACT APPLICABLE TO
9 KINDERGARTEN. FOR EACH SCHOOL YEAR SUBSEQUENT TO 1998-1999, THE
10 MAXIMUM AMOUNT OF A GRANT SHALL BE INCREASED BY A PERCENTAGE
11 FACTOR EQUAL TO THE PERCENTAGE INCREASE IN THE STATE
12 APPROPRIATION FOR BASIC EDUCATION FUNDING ON A PER PUPIL BASIS
13 FOR EACH STUDENT ENROLLED IN A PUBLIC SCHOOL IN THIS
14 COMMONWEALTH.
15 (V) THE DEPARTMENT OF EDUCATION SHALL PREPARE GUIDELINES
16 ESTABLISHING AN APPLICATION FORM AND APPROVAL PROCESS AND
17 REASONABLE DEADLINE DATES FOR SUBMISSION OF GRANT APPLICATIONS
18 AND SHALL ANNOUNCE THE AWARD OF GRANTS NO LATER THAN FIFTEEN
19 (15) DAYS PRIOR TO THE BEGINNING OF THE SCHOOL TERM FOR WHICH
20 THE GRANTS WILL BE UTILIZED, EXCEPT THAT FOR SCHOOL YEAR 1995-
21 1996, GRANTS SHALL BE AWARDED NO LATER THAN OCTOBER 1, 1995. THE
22 GUIDELINES SHALL BE PUBLISHED AS A STATEMENT OF POLICY IN THE
23 PENNSYLVANIA BULLETIN AND A COPY SHALL BE MAILED BY THE
24 DEPARTMENT OF EDUCATION TO EACH SCHOOL DISTRICT AND NONPUBLIC
25 SCHOOL IN THIS COMMONWEALTH.
26 (VI) AS PART OF THE GRANT APPLICATION PROCESS, THE
27 DEPARTMENT OF EDUCATION SHALL REQUIRE AN APPLICATION TO BE
28 VERIFIED AS TO ACCURACY BY THE PARENTS OF AN ELIGIBLE GRANT
29 RECIPIENT AND TO BE ACCOMPANIED BY A VERIFIED STATEMENT FROM THE
30 SCHOOL DISTRICT OR NONPUBLIC SCHOOL WHICH WILL PROVIDE THE
19950H0038B2088 - 28 -
1 EDUCATIONAL PROGRAM FOR WHICH THE GRANT IS SOUGHT, ATTESTING TO
2 THE ENROLLMENT OF THE ELIGIBLE GRANT RECIPIENT AND TO THE
3 TUITION CHARGE. GRANT APPLICATION FORMS SHALL CONTAIN A RELEASE
4 FROM THE APPLICANT AUTHORIZING THE DEPARTMENT OF EDUCATION TO
5 VERIFY THE ACCURACY OF THE TAXABLE INCOME REPORTED ON THE GRANT
6 APPLICATION WITH THE INTERNAL REVENUE SERVICE OR WITH ANY OTHER
7 APPLICABLE GOVERNMENTAL OR PRIVATE ENTITY IN THE EVENT THE
8 APPLICANT IS NOT REQUIRED TO SUBMIT A FEDERAL INCOME TAX RETURN.
9 THE DEPARTMENT OF EDUCATION MAY VERIFY THE ACCURACY OF THE
10 INCOME ELIGIBILITY INFORMATION CONTAINED IN GRANT APPLICATIONS.
11 (VII) WITHIN FIFTEEN (15) DAYS AFTER THE BEGINNING OF THE
12 FULL-DAY KINDERGARTEN, HALF-DAY KINDERGARTEN, ELEMENTARY OR
13 SECONDARY EDUCATION PROGRAM, THE SCHOOL SHALL CONFIRM IN WRITING
14 TO THE DEPARTMENT OF EDUCATION THAT THE ELIGIBLE GRANT RECIPIENT
15 FOR WHOM THE GRANT HAS BEEN MADE IS ATTENDING THE GRANT
16 RECIPIENT'S SCHOOL OF CHOICE, EXCEPT THAT FOR SCHOOL YEAR 1995-
17 1996, THE VERIFICATION SHALL BE MADE BY THE SCHOOL TO THE
18 DEPARTMENT OF EDUCATION NO LATER THAN OCTOBER 15, 1995. NO LATER
19 THAN TWENTY (20) DAYS AFTER RECEIPT OF THIS VERIFICATION, THE
20 DEPARTMENT OF EDUCATION SHALL MAKE PAYMENT OF THE GRANT AMOUNT
21 TO THE PARENTS OF THE ELIGIBLE GRANT RECIPIENT.
22 (VIII) IN THE EVENT AN ELIGIBLE GRANT RECIPIENT WHO HAS
23 RECEIVED A GRANT IS NO LONGER ENROLLED PRIOR TO COMPLETION OF
24 THE SCHOOL TERM, THE SCHOOL SHALL, WITHIN TEN (10) DAYS OF
25 LEARNING OR DETERMINING THAT THE ELIGIBLE GRANT RECIPIENT WILL
26 BE OR IS NO LONGER ENROLLED, SEND WRITTEN NOTICE TO THE
27 DEPARTMENT OF EDUCATION THAT THE ELIGIBLE GRANT RECIPIENT IS NO
28 LONGER ENROLLED. THE WRITTEN NOTIFICATION SHALL INCLUDE AN
29 INDICATION OF THE PRO RATA GRANT REFUND TO BE MADE BY THE SCHOOL
30 TO THE PARENTS OF THE ELIGIBLE GRANT RECIPIENT. TEN (10) DAYS
19950H0038B2088 - 29 -
1 AFTER NOTIFYING THE DEPARTMENT OF EDUCATION THAT THE ELIGIBLE
2 GRANT RECIPIENT IS NO LONGER ENROLLED, THE SCHOOL SHALL REFUND
3 TO THE ELIGIBLE GRANT RECIPIENT'S PARENTS A PRO RATA PORTION OF
4 ANY GRANT AMOUNT RECEIVED UP TO THE DATE THAT THE ELIGIBLE GRANT
5 RECIPIENT WAS NO LONGER ENROLLED. WITHIN TEN (10) DAYS OF THE
6 RECEIPT OF THE WRITTEN NOTIFICATION FROM THE SCHOOL, THE
7 DEPARTMENT OF EDUCATION SHALL SEND WRITTEN NOTIFICATION TO THE
8 PARENTS OF THE ELIGIBLE GRANT RECIPIENT THAT THE FULL AMOUNT OF
9 THE PRO RATA GRANT REFUND MUST BE RETURNED TO THE DEPARTMENT OF
10 EDUCATION WITHIN TEN (10) DAYS OF RECEIPT OF THE REFUND BY THE
11 PARENTS, UNLESS THE ELIGIBLE GRANT RECIPIENT HAS ENROLLED, PRIOR
12 TO THE DUE DATE FOR RETURN TO THE DEPARTMENT OF EDUCATION OF THE
13 REFUNDED PRO RATA PORTION OF THE GRANT, IN ANOTHER PROGRAM OF
14 FULL-DAY KINDERGARTEN, HALF-DAY KINDERGARTEN, ELEMENTARY OR
15 SECONDARY EDUCATION TOWARD WHICH THE PRO RATA PORTION OF THE
16 GRANT MAY BE APPLIED. WITHIN TEN (10) DAYS OF THE RECEIPT OF ANY
17 PRO RATA REFUND PAYMENT, THE PARENTS OF AN ELIGIBLE GRANT
18 RECIPIENT SHALL REMIT THE FULL AMOUNT OF THE PRO RATA PAYMENT TO
19 THE DEPARTMENT OF EDUCATION, UNLESS THE ELIGIBLE GRANT RECIPIENT
20 HAS BEEN TIMELY ENROLLED IN ANOTHER PROGRAM OF FULL-DAY
21 KINDERGARTEN, HALF-DAY KINDERGARTEN, ELEMENTARY OR SECONDARY
22 EDUCATION TOWARD WHICH THE PRO RATA PORTION OF THE GRANT MAY BE
23 APPLIED. IN THE EVENT THE ELIGIBLE GRANT RECIPIENT IS TIMELY
24 ENROLLED IN ANOTHER PROGRAM OF FULL-DAY KINDERGARTEN, HALF-DAY
25 KINDERGARTEN, ELEMENTARY OR SECONDARY EDUCATION, THE PARENTS
26 SHALL, WITHIN TEN (10) DAYS OF RECEIPT OF THE PRO RATA REFUND OF
27 THE GRANT PAYMENT, SUBMIT TO THE DEPARTMENT OF EDUCATION A
28 CERTIFICATION FROM THE SCHOOL ATTESTING TO THE CHILD'S
29 ENROLLMENT AND TO THE FACT THAT THE TUITION PAID TO THE SCHOOL
30 BY THE PARENT EQUALS OR EXCEEDS THE PRO RATA GRANT AMOUNT
19950H0038B2088 - 30 -
1 REFUNDED TO THE PARENTS.
2 (IX) IN THE EVENT A STUDENT HAS CHOSEN TO ATTEND A PUBLIC
3 SCHOOL OTHER THAN A PUBLIC SCHOOL WITHIN THE STUDENT'S DISTRICT
4 OF RESIDENCE AND THE RECEIVING SCHOOL DISTRICT HAS RECEIVED
5 BASIC EDUCATION FUNDING FOR THE STUDENT AND THE STUDENT IS NO
6 LONGER ENROLLED PRIOR TO COMPLETION OF THE SCHOOL TERM, THE
7 RECEIVING DISTRICT SHALL REFUND A PRO RATA PORTION OF THE BASIC
8 EDUCATION FUNDING TO THE DEPARTMENT OF EDUCATION WITHIN TEN (10)
9 DAYS OF DETERMINING THAT THE STUDENT IS NO LONGER ENROLLED.
10 (X) IN ADDITION TO THE GRANT AWARDED TO THE PARENTS OF AN
11 ELIGIBLE GRANT RECIPIENT ATTENDING A PUBLIC SCHOOL OUTSIDE THE
12 GRANT RECIPIENT'S DISTRICT OF RESIDENCE, AN AMOUNT EQUAL TO THE
13 GREATER OF THE PER PUPIL BASIC EDUCATION FUNDING IN THE GRANT
14 RECIPIENT'S DISTRICT OF RESIDENCE OR OF THE RECEIVING SCHOOL
15 DISTRICT SHALL BE CREDITED TOWARD THE TUITION CHARGED TO THAT
16 STUDENT BY THE RECEIVING DISTRICT PURSUANT TO CLAUSE (2) OF
17 SUBSECTION (D) OF THIS SECTION. SHOULD THE GRANT AWARD PLUS THE
18 BASIC EDUCATION FUNDING CREDIT EXCEED THE TUITION CHARGE OF THE
19 RECEIVING SCHOOL DISTRICT, THE GRANT AWARD SHALL BE REDUCED BY
20 THE AMOUNT IN EXCESS OF THE TUITION CHARGE. SHOULD THE GRANT
21 AWARD PLUS THE BASIC EDUCATION FUNDING CREDIT NOT BE SUFFICIENT
22 TO MEET THE TUITION CHARGE OF THE RECEIVING SCHOOL DISTRICT, AN
23 AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM (33 1/3%)
24 OF THE BALANCE OF THE CHARGE STILL REMAINING SHALL BE PAYABLE BY
25 THE ELIGIBLE GRANT RECIPIENT'S PARENTS AND, WHEN PAID, SHALL BE
26 TREATED, ALONG WITH THE GRANT AND BASIC EDUCATION FUNDING
27 CREDIT, AS PAYMENT IN FULL OF THE RECEIVING DISTRICT'S TUITION
28 CHARGE. IN THE CASE OF A STUDENT WHOSE PARENTS RECEIVED TAXABLE
29 INCOME IN EXCESS OF THE MAXIMUM INCOME LIMIT CONTAINED IN
30 SUBCLAUSE (II) OF CLAUSE (2) OF THIS SUBSECTION DURING THE
19950H0038B2088 - 31 -
1 IMMEDIATELY PRECEDING CALENDAR YEAR, ONLY THE BASIC EDUCATION
2 FUNDING CREDIT AUTHORIZED BY THIS SUBSECTION SHALL BE APPLIED
3 TOWARD THE TUITION CHARGE OF THE RECEIVING SCHOOL DISTRICT, AND
4 THE STUDENT'S PARENTS SHALL REMAIN LIABLE FOR THE BALANCE OF THE
5 TUITION CHARGE: PROVIDED, HOWEVER, THAT FUNDING FOR NONRESIDENT
6 STUDENTS DEFINED AS "EXCEPTIONAL" PURSUANT TO 22 PA. CODE § 14.1
7 SHALL BE PROVIDED PURSUANT TO CLAUSE (2) OF SUBSECTION (D) OF
8 THIS SECTION.
9 (F) (1) IN THE EVENT AN ELIGIBLE GRANT RECIPIENT IS NO
10 LONGER ENROLLED IN A SCHOOL AND IS NOT SUBSEQUENTLY TIMELY
11 ENROLLED IN ANOTHER PROGRAM OF FULL-DAY KINDERGARTEN, HALF-DAY
12 KINDERGARTEN, ELEMENTARY OR SECONDARY EDUCATION AND THE PARENTS
13 OF THE ELIGIBLE GRANT RECIPIENT FAIL TO SUBMIT THE FULL AMOUNT
14 OF A PRO RATA REFUND PAYMENT TO THE DEPARTMENT OF EDUCATION
15 WITHIN TEN (10) DAYS OF RECEIPT OF SUCH PAYMENT PURSUANT TO
16 SUBCLAUSE (VIII) OF CLAUSE (2) OF SUBSECTION (E) OF THIS
17 SECTION, THE PARENTS OF THE ELIGIBLE GRANT RECIPIENT SHALL:
18 BECOME LIABLE FOR INTEREST ON THE REFUND PAYMENT TO BE
19 CALCULATED FROM THE DUE DATE AT THE RATE DETERMINED BY THE
20 SECRETARY OF REVENUE FOR INTEREST PAYMENTS ON OVERDUE TAXES OR
21 THE REFUND OF TAXES AS PROVIDED IN SECTIONS 806 AND 806.1 OF THE
22 ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL
23 CODE," AND ANY SUBSEQUENT AMENDMENTS TO THOSE SECTIONS; BE
24 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE FULL AMOUNT OF THE
25 ANNUAL GRANT AWARD MADE TO THE PARENTS; AND BE DISQUALIFIED FROM
26 ELIGIBILITY FOR AN EDUCATIONAL OPPORTUNITY GRANT FOR A PERIOD OF
27 UP TO TWO (2) YEARS.
28 (2) IN ADDITION TO THE PENALTIES IN CLAUSE (1) OF THIS
29 SUBSECTION, ANY PARENT WHO FRAUDULENTLY SUBMITS A GRANT
30 APPLICATION OR WHO KNOWINGLY FALSIFIES INFORMATION ON A GRANT
19950H0038B2088 - 32 -
1 APPLICATION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE
2 THOUSAND DOLLARS ($5,000) AND SHALL BE DISQUALIFIED FROM
3 PARTICIPATION IN THE EDUCATIONAL OPPORTUNITY GRANT PROGRAM FOR A
4 PERIOD OF UP TO FIVE (5) YEARS.
5 (3) IN ADDITION TO THE PENALTIES CONTAINED IN CLAUSES (1)
6 AND (2) OF THIS SUBSECTION, ANY PARENT WHO FAILS TO MAKE A
7 REFUND TO THE DEPARTMENT OF EDUCATION PURSUANT TO SUBCLAUSE
8 (VIII) OF CLAUSE (2) OF SUBSECTION (E) OF THIS SECTION OR WHO
9 FRAUDULENTLY SUBMITS A GRANT APPLICATION OR WHO KNOWINGLY
10 FALSIFIES INFORMATION ON A GRANT APPLICATION SHALL BE REQUIRED
11 TO REIMBURSE THE DEPARTMENT OF EDUCATION FOR THE FULL AMOUNT OF
12 ANY GRANT OR PRO RATA REFUND RECEIVED BY THE PARENT.
13 (4) ANY SCHOOL WHICH WILLFULLY FAILS TO PROVIDE TIMELY
14 NOTIFICATION TO THE DEPARTMENT OF EDUCATION PURSUANT TO
15 SUBCLAUSE (VI), (VII) OR (VIII) OF CLAUSE (2) OF SUBSECTION (E)
16 OF THIS SECTION MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
17 ONE THOUSAND DOLLARS ($1,000) FOR EACH SUCH FAILURE.
18 (5) ANY PARENT WHO IS CONVICTED OR WHO PLEADS GUILTY OR NOLO
19 CONTENDERE TO A CHARGE OF FRAUDULENTLY SUBMITTING A GRANT
20 APPLICATION OR KNOWINGLY FALSIFYING INFORMATION ON A GRANT
21 APPLICATION OR FRAUDULENTLY OR KNOWINGLY FAILING TO TIMELY
22 REIMBURSE THE DEPARTMENT OF EDUCATION FOR THE PRO RATA REFUND OF
23 A GRANT SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND
24 SHALL BE SUBJECT TO A FINE OF UP TO FIVE THOUSAND DOLLARS
25 ($5,000) AND/OR TO IMPRISONMENT FOR UP TO ONE (1) YEAR.
26 (6) ANY SCHOOL, PERSON OR ENTITY WHO OR WHICH IS CONVICTED
27 OF OR PLEADS GUILTY OR NOLO CONTENDERE TO FRAUDULENTLY OR
28 WILFULLY SUBMITTING OR WHO OR WHICH WILFULLY CAUSES TO BE
29 SUBMITTED A FALSE OR MISLEADING CERTIFICATION PURSUANT TO
30 SUBCLAUSE (VI), (VII) OR (VIII) OF CLAUSE (2) OF SUBSECTION (E)
19950H0038B2088 - 33 -
1 OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD
2 DEGREE AND SHALL BE SUBJECT TO A FINE OF UP TO FIVE THOUSAND
3 DOLLARS ($5,000) AND/OR TO IMPRISONMENT FOR UP TO ONE (1) YEAR.
4 (G) DECISIONS RENDERED BY THE DEPARTMENT OF EDUCATION
5 PURSUANT TO THIS SECTION SHALL BE SUBJECT TO 2 PA.C.S. (RELATING
6 TO ADMINISTRATIVE LAW AND PROCEDURE).
7 (H) THE DEPARTMENT OF EDUCATION SHALL ESTABLISH SUCH FURTHER
8 PROCEDURES AS ARE NECESSARY FOR DETERMINATION OF ACCEPTANCE AND
9 NOTIFICATION DATES FOR THE ADMISSION BY SCHOOL DISTRICTS OF
10 STUDENTS TO THEIR SCHOOL OF CHOICE, FOR ESTABLISHMENT AND
11 OPERATION OF THE GRANT PROGRAM, FOR BASIC EDUCATION FUNDING
12 CREDITS AND PAYMENTS AUTHORIZED IN THIS SECTION AND FOR
13 ASSISTING SCHOOL DISTRICTS IN DEVELOPING AND DISTRIBUTING PUBLIC
14 INFORMATION CONCERNING THE EDUCATIONAL CHOICE PROGRAMS. IN
15 ADDITION TO ANY OTHER PUBLIC INFORMATION PROCESS SELECTED BY THE
16 DEPARTMENT OF EDUCATION FOR DISSEMINATION OF INFORMATION,
17 DEPARTMENTAL PROCEDURES SHALL BE PUBLISHED AS A STATEMENT OF
18 POLICY IN THE PENNSYLVANIA BULLETIN AND SHALL BE MAILED BY THE
19 DEPARTMENT OF EDUCATION TO EACH SCHOOL IN THIS COMMONWEALTH.
20 (I) NOTWITHSTANDING ANY PROVISIONS OF THIS ACT TO THE
21 CONTRARY, THE PROGRAMS AUTHORIZED BY THIS SECTION SHALL NOT BE
22 SUBJECT TO REVIEW, REGULATION OR APPROVAL BY THE STATE BOARD OF
23 EDUCATION.
24 (J) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EMPOWER
25 THE COMMONWEALTH OR ANY OF ITS AGENCIES OR OFFICERS OR POLITICAL
26 SUBDIVISIONS TO IMPOSE ANY ADDITIONAL REQUIREMENTS ON ANY
27 NONPUBLIC SCHOOL WHICH ARE NOT OTHERWISE AUTHORIZED UNDER THE
28 LAWS OF THIS COMMONWEALTH OR TO REQUIRE ANY NONPUBLIC SCHOOL TO
29 ACCEPT ELIGIBLE GRANT RECIPIENTS IF THE NONPUBLIC SCHOOL DOES
30 NOT OFFER APPROPRIATE PROGRAMS OR IS NOT STRUCTURED OR EQUIPPED
19950H0038B2088 - 34 -
1 WITH THE NECESSARY FACILITIES TO MEET THE SPECIAL NEEDS OF THE
2 STUDENT OR DOES NOT OFFER A PARTICULAR PROGRAM REQUESTED.
3 (K) EDUCATIONAL OPPORTUNITY GRANT FUNDS RECEIVED BY A PARENT
4 OF AN ELIGIBLE GRANT RECIPIENT SHALL NOT BE CONSIDERED TO BE
5 TAXABLE INCOME FOR PURPOSES OF ARTICLE III OF THE ACT OF MARCH
6 4, 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF 1971."
7 (L) NO NONPUBLIC SCHOOL MAY BE COMPELLED TO ACCEPT OR ENROLL
8 ELIGIBLE GRANT RECIPIENTS.
9 (M) NO LATER THAN FEBRUARY 1, 1996, AND NO LATER THAN
10 JANUARY 1 EACH YEAR THEREAFTER, THE SECRETARY OF EDUCATION SHALL
11 SUBMIT A REPORT TO THE GOVERNOR AND THE APPROPRIATIONS COMMITTEE
12 AND EDUCATION COMMITTEE OF THE SENATE AND THE APPROPRIATIONS
13 COMMITTEE AND EDUCATION COMMITTEE OF THE HOUSE OF
14 REPRESENTATIVES, WHICH SHALL INCLUDE THE FOLLOWING:
15 (1) THE TOTAL NUMBER OF EDUCATIONAL OPPORTUNITY GRANTS
16 AWARDED TO:
17 (I) STUDENTS ATTENDING PUBLIC SCHOOLS OUTSIDE THEIR DISTRICT
18 OF RESIDENCE.
19 (II) STUDENTS ATTENDING NONPUBLIC SCHOOLS.
20 (2) FROM THE INFORMATION PROVIDED ON THE GRANT APPLICATION
21 FORMS FILED PURSUANT TO SECTION 1310.1(E)(2)(VI) OF THIS ACT, ON
22 A GRANT-BY-GRANT BASIS:
23 (I) THE AMOUNT OF EACH INDIVIDUAL GRANT AWARDED.
24 (II) THE SCHOOL FOR WHICH THAT GRANT WAS SOUGHT.
25 (III) THE TUITION CHARGE FOR THE SCHOOL IN WHICH THIS
26 RECIPIENT WAS ENROLLED.
27 (3) THE NUMBER OF GRANT RECIPIENTS WHO SUBSEQUENTLY WITHDREW
28 FROM THEIR ORIGINAL ENROLLMENT CHOICE.
29 (4) THE NUMBER OF PUBLIC SCHOOL STUDENTS WHO WERE NOT GRANT
30 RECIPIENTS BUT WHO CHOSE TO ATTEND A PUBLIC SCHOOL OUTSIDE THEIR
19950H0038B2088 - 35 -
1 DISTRICT OF RESIDENCE.
2 (5) THE NUMBER OF EXCEPTIONAL STUDENTS WHO CHOSE TO ATTEND A
3 SCHOOL OUTSIDE THEIR DISTRICT OF RESIDENCE, AND FOR WHOM THEIR
4 RESIDENT DISTRICT FORWARDED FUNDING FOR THEIR SPECIAL EDUCATION
5 SERVICES.
6 (6) AN ESTIMATE OF ADDITIONAL TRANSPORTATION COSTS ACCRUING
7 TO PUBLIC SCHOOL DISTRICTS RESULTING FROM THE ADDITIONAL
8 REQUIREMENTS OF THIS ACT.
9 (7) THE NUMBER OF PERSONS OR SCHOOLS FOR WHOM PENALTIES WERE
10 ASSESSED UNDER THE PROVISIONS OF SECTION 1310.1(F) OF THIS ACT.
11 IN NO CASE SHALL THE INDIVIDUAL NAMES OF EDUCATIONAL OPPORTUNITY
12 GRANT RECIPIENTS OR THEIR PARENTS BE FURNISHED AS PART OF THIS
13 REPORT.
14 (N) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PROVISIONS
15 OF THIS SECTION ARE SEVERABLE. IF ANY PROVISION OF THIS SECTION
16 OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
17 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
18 APPLICATIONS OF THIS SECTION WHICH CAN BE GIVEN EFFECT WITHOUT
19 THE INVALID PROVISION OR APPLICATION.
20 (2) (I) IF THIS SECTION IS FOUND BY A COURT OF COMPETENT
21 JURISDICTION TO LIMIT OR RESTRICT THE ABILITY OF A SCHOOL
22 DISTRICT TO DETERMINE THE NUMBER OF ITS AVAILABLE ATTENDANCE
23 SLOTS WITH REGARD TO NONRESIDENT STUDENTS, THEN THIS SECTION
24 SHALL BE INVALID.
25 (II) IF THE AWARD OF EDUCATIONAL OPPORTUNITY GRANTS TO
26 PARENTS OF STUDENTS ATTENDING NONPUBLIC SCHOOLS IS FOUND BY A
27 COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL, THEN THE
28 AWARD OF EDUCATIONAL OPPORTUNITY GRANTS TO PARENTS OF STUDENTS
29 ATTENDING PUBLIC SCHOOL SHALL BE INVALID. IF THE AWARD OF
30 EDUCATIONAL OPPORTUNITY GRANTS TO PARENTS OF STUDENTS ATTENDING
19950H0038B2088 - 36 -
1 PUBLIC SCHOOLS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO
2 BE UNCONSTITUTIONAL, THEN THE AWARD OF EDUCATIONAL OPPORTUNITY
3 GRANTS TO PARENTS OF STUDENTS ATTENDING NONPUBLIC SCHOOLS SHALL
4 BE INVALID.
5 SECTION 1317.2. POSSESSION OF WEAPONS PROHIBITED.--(A)
6 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A SCHOOL DISTRICT
7 OR AREA VOCATIONAL-TECHNICAL SCHOOL SHALL EXPEL, FOR A PERIOD OF
8 NOT LESS THAN ONE YEAR, ANY STUDENT WHO IS DETERMINED TO HAVE
9 BROUGHT A WEAPON ONTO ANY SCHOOL PROPERTY, ANY SCHOOL-SPONSORED
10 ACTIVITY OR ANY PUBLIC CONVEYANCE PROVIDING TRANSPORTATION TO A
11 SCHOOL OR SCHOOL-SPONSORED ACTIVITY.
12 (B) EVERY SCHOOL DISTRICT AND AREA VOCATIONAL-TECHNICAL
13 SCHOOL SHALL DEVELOP A WRITTEN POLICY REGARDING EXPULSIONS FOR
14 POSSESSION OF A WEAPON AS REQUIRED UNDER THIS SECTION.
15 EXPULSIONS SHALL BE CONDUCTED PURSUANT TO ALL APPLICABLE
16 REGULATIONS.
17 (C) THE SUPERINTENDENT OF A SCHOOL DISTRICT OR AN
18 ADMINISTRATIVE DIRECTOR OF AN AREA VOCATIONAL-TECHNICAL SCHOOL
19 MAY RECOMMEND DISCIPLINE SHORT OF EXPULSION ON A CASE-BY-CASE
20 BASIS. THE SUPERINTENDENT OR OTHER CHIEF ADMINISTRATIVE OFFICER
21 OF A SCHOOL ENTITY SHALL, IN THE CASE OF AN EXCEPTIONAL STUDENT,
22 TAKE ALL STEPS NECESSARY TO COMPLY WITH THE INDIVIDUALS WITH
23 DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1400
24 ET SEQ.).
25 (D) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE
26 FOLLOWING:
27 (1) A WEAPON BEING USED AS PART OF A PROGRAM APPROVED BY A
28 SCHOOL BY AN INDIVIDUAL WHO IS PARTICIPATING IN THE PROGRAM; OR
29 (2) A WEAPON THAT IS UNLOADED AND IS POSSESSED BY AN
30 INDIVIDUAL WHILE TRAVERSING SCHOOL PROPERTY FOR THE PURPOSE OF
19950H0038B2088 - 37 -
1 OBTAINING ACCESS TO PUBLIC OR PRIVATE LANDS USED FOR LAWFUL
2 HUNTING, IF THE ENTRY ON SCHOOL PREMISES IS AUTHORIZED BY SCHOOL
3 AUTHORITIES.
4 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING
5 THE AUTHORITY OR DUTY OF A SCHOOL OR AREA VOCATIONAL-TECHNICAL
6 SCHOOL TO MAKE AN ALTERNATIVE ASSIGNMENT OR PROVIDE ALTERNATIVE
7 EDUCATIONAL SERVICES DURING THE PERIOD OF EXPULSION.
8 (F) ALL SCHOOL DISTRICTS AND AREA VOCATIONAL-TECHNICAL
9 SCHOOLS SHALL REPORT ALL INCIDENTS INVOLVING POSSESSION OF A
10 WEAPON PROHIBITED BY THIS SECTION AS FOLLOWS:
11 (1) THE SCHOOL SUPERINTENDENT OR CHIEF ADMINISTRATOR SHALL
12 REPORT THE DISCOVERY OF ANY WEAPON PROHIBITED BY THIS SECTION TO
13 LOCAL LAW ENFORCEMENT OFFICIALS.
14 (2) THE SCHOOL SUPERINTENDENT OR CHIEF ADMINISTRATOR SHALL
15 REPORT TO THE DEPARTMENT OF EDUCATION ALL INCIDENTS RELATING TO
16 EXPULSIONS FOR POSSESSION OF A WEAPON ON SCHOOL GROUNDS, SCHOOL-
17 SPONSORED ACTIVITIES OR PUBLIC CONVEYANCES PROVIDING
18 TRANSPORTATION TO A SCHOOL OR SCHOOL-SPONSORED ACTIVITY. REPORTS
19 SHALL INCLUDE ALL INFORMATION AS REQUIRED UNDER SECTION 1302-A.
20 (G) AS USED IN THIS SECTION, THE TERM "WEAPON" SHALL
21 INCLUDE, BUT NOT BE LIMITED TO, ANY KNIFE, CUTTING INSTRUMENT,
22 CUTTING TOOL, NUNCHAKU, FIREARM, SHOTGUN, RIFLE AND ANY OTHER
23 TOOL, INSTRUMENT OR IMPLEMENT CAPABLE OF INFLICTING SERIOUS
24 BODILY INJURY.
25 SECTION 12. SECTION 1361 OF THE ACT, AMENDED MAY 11, 1979
26 (P.L.26, NO.7), IS AMENDED TO READ:
27 SECTION 1361. WHEN PROVIDED.--(1) THE BOARD OF SCHOOL
28 DIRECTORS IN ANY SCHOOL DISTRICT MAY, OUT OF THE FUNDS OF THE
29 DISTRICT, PROVIDE FOR THE FREE TRANSPORTATION OF ANY RESIDENT
30 PUPIL TO AND FROM THE KINDERGARTEN, ELEMENTARY SCHOOL, OR
19950H0038B2088 - 38 -
1 SECONDARY SCHOOL IN WHICH HE IS LAWFULLY ENROLLED, PROVIDED THAT
2 SUCH SCHOOL IS NOT OPERATED FOR PROFIT AND IS LOCATED WITHIN THE
3 DISTRICT BOUNDARIES OR OUTSIDE THE DISTRICT BOUNDARIES AT A
4 DISTANCE NOT EXCEEDING TEN MILES BY THE NEAREST PUBLIC HIGHWAY,
5 EXCEPT THAT SUCH TEN-MILE LIMIT SHALL NOT APPLY TO AREA
6 VOCATIONAL TECHNICAL SCHOOLS WHICH REGULARLY SERVE ELIGIBLE
7 DISTRICT PUPILS OR TO SPECIAL SCHOOLS AND CLASSES APPROVED BY
8 THE DEPARTMENT OF EDUCATION, AND TO AND FROM ANY POINTS WITHIN
9 OR WITHOUT THE COMMONWEALTH IN ORDER TO PROVIDE FIELD TRIPS FOR
10 ANY PURPOSE CONNECTED WITH THE EDUCATIONAL PURSUITS OF THE
11 PUPILS. WHEN PROVISION IS MADE BY A BOARD OF SCHOOL DIRECTORS
12 FOR THE TRANSPORTATION OF PUBLIC SCHOOL PUPILS TO AND FROM SUCH
13 SCHOOLS OR TO AND FROM ANY POINTS WITHIN OR WITHOUT THE
14 COMMONWEALTH IN ORDER TO PROVIDE FIELD TRIPS AS HEREIN PROVIDED,
15 THE BOARD OF SCHOOL DIRECTORS SHALL ALSO MAKE IDENTICAL
16 PROVISION FOR THE FREE TRANSPORTATION OF:
17 (I) PUBLIC SCHOOL STUDENTS WHO ARE RESIDENT WITHIN THE
18 DISTRICT AND WHO PURSUANT TO SECTION 1310.1 OF THIS ACT
19 REGULARLY ATTEND A PUBLIC SCHOOL WITHIN THEIR DISTRICT OF
20 RESIDENCE OR OUTSIDE THE BOUNDARIES OF THEIR DISTRICT OF
21 RESIDENCE AT A DISTANCE NOT EXCEEDING TEN MILES BY THE NEAREST
22 PUBLIC HIGHWAY TO AND FROM SUCH SCHOOLS OR TO AND FROM ANY
23 POINTS WITHIN OR WITHOUT THE COMMONWEALTH IN ORDER TO PROVIDE
24 FIELD TRIPS AS HEREIN PROVIDED;
25 (II) PUBLIC SCHOOL STUDENTS WHO PURSUANT TO ARTICLE XVII-A
26 REGULARLY ATTEND A CHARTER SCHOOL WITHIN THEIR DISTRICT OF
27 RESIDENCE OR OUTSIDE THE BOUNDARIES OF THEIR DISTRICT OF
28 RESIDENCE AT A DISTANCE NOT EXCEEDING TEN MILES BY THE NEAREST
29 PUBLIC HIGHWAY TO AND FROM SUCH SCHOOLS OR TO AND FROM ANY
30 POINTS WITHIN OR WITHOUT THIS COMMONWEALTH IN ORDER TO PROVIDE
19950H0038B2088 - 39 -
1 FIELD TRIPS AS HEREIN PROVIDED; AND
2 (III) PUPILS WHO REGULARLY ATTEND NONPUBLIC KINDERGARTEN,
3 ELEMENTARY AND HIGH SCHOOLS NOT OPERATED FOR PROFIT TO AND FROM
4 SUCH SCHOOLS OR TO AND FROM ANY POINTS WITHIN OR WITHOUT THE
5 COMMONWEALTH IN ORDER TO PROVIDE FIELD TRIPS AS HEREIN PROVIDED.
6 SUCH TRANSPORTATION OF PUPILS ATTENDING NONPUBLIC SCHOOLS SHALL
7 BE PROVIDED DURING REGULAR SCHOOL HOURS ON SUCH DATES AND
8 PERIODS THAT THE NONPUBLIC SCHOOL NOT OPERATED FOR PROFIT IS IN
9 REGULAR SESSION, ACCORDING TO THE SCHOOL CALENDAR OFFICIALLY
10 ADOPTED BY THE DIRECTORS OF THE SAME IN ACCORDANCE WITH
11 PROVISIONS OF LAW. THE BOARD OF SCHOOL DIRECTORS SHALL PROVIDE
12 SUCH TRANSPORTATION WHENEVER SO REQUIRED BY ANY OF THE
13 PROVISIONS OF THIS ACT OR OF ANY OTHER ACT OF ASSEMBLY.
14 (2) THE BOARD OF SCHOOL DIRECTORS IN ANY SCHOOL DISTRICT
15 MAY, IF THE BOARD DEEMS IT TO THE BEST INTEREST OF THE SCHOOL
16 DISTRICT, FOR THE PURPOSES OF TRANSPORTING PUPILS AS REQUIRED OR
17 AUTHORIZED BY ANY OF THE PROVISIONS OF THIS ACT OR OF ANY OTHER
18 ACT OF THE ASSEMBLY, APPROPRIATE FUNDS FOR URBAN COMMON CARRIER
19 MASS TRANSPORTATION PURPOSES FROM CURRENT REVENUES TO URBAN
20 COMMON CARRIER MASS TRANSPORTATION AUTHORITIES TO ASSIST THE
21 AUTHORITIES TO MEET COSTS OF OPERATION, MAINTENANCE, CAPITAL
22 IMPROVEMENTS, AND DEBT SERVICE. SAID CONTRIBUTIONS SHALL NOT BE
23 SUBJECT TO REIMBURSEMENT BY THE COMMONWEALTH OF PENNSYLVANIA.
24 (3) THE STATE BOARD OF EDUCATION SHALL ADOPT REGULATIONS,
25 INCLUDING QUALIFICATIONS OF SCHOOL BUS DRIVERS, TO GOVERN THE
26 TRANSPORTATION OF SCHOOL PUPILS.
27 SECTION 13. SECTION 1371 OF THE ACT, AMENDED JANUARY 14,
28 1970 (1969 P.L.468, NO.192), IS AMENDED TO READ:
29 SECTION 1371. DEFINITION OF [EXCEPTIONAL] CHILDREN WITH
30 EXCEPTIONALITIES; REPORTS; EXAMINATION.--(1) THE TERM
19950H0038B2088 - 40 -
1 ["EXCEPTIONAL CHILDREN"] "CHILDREN WITH EXCEPTIONALITIES" SHALL
2 MEAN CHILDREN OF SCHOOL AGE [WHO DEVIATE FROM THE AVERAGE IN
3 PHYSICAL, MENTAL, EMOTIONAL OR SOCIAL CHARACTERISTICS TO SUCH AN
4 EXTENT THAT THEY REQUIRE SPECIAL EDUCATIONAL FACILITIES OR
5 SERVICES AND SHALL INCLUDE ALL CHILDREN IN DETENTION HOMES.] WHO
6 HAVE A DISABILITY OR WHO ARE GIFTED AND WHO, BY REASON THEREOF,
7 NEED SPECIALLY DESIGNED INSTRUCTION.
8 (2) IT SHALL BE THE DUTY OF THE DISTRICT SUPERINTENDENT, IN
9 EVERY SCHOOL DISTRICT IN ACCORDANCE WITH RULES OF PROCEDURE
10 PRESCRIBED BY THE [SUPERINTENDENT OF PUBLIC INSTRUCTION]
11 SECRETARY OF EDUCATION, TO SECURE INFORMATION AND REPORT TO THE
12 [PROPER INTERMEDIATE UNIT] DEPARTMENT OF EDUCATION, ON OR BEFORE
13 THE FIFTEENTH DAY OF OCTOBER OF EACH YEAR, AND THEREAFTER AS
14 CASES ARISE, EVERY [EXCEPTIONAL CHILD] CHILD WITH
15 EXCEPTIONALITIES WITHIN SAID DISTRICT. [AS SOON THEREAFTER AS
16 POSSIBLE THE CHILD SHALL BE EXAMINED BY A PERSON CERTIFIED BY
17 THE DEPARTMENT OF PUBLIC INSTRUCTION AS A PUBLIC SCHOOL
18 PSYCHOLOGIST, AND ALSO BY ANY OTHER EXPERT WHICH THE TYPE OF
19 HANDICAP AND THE CHILD'S CONDITION MAY NECESSITATE. A REPORT
20 SHALL BE MADE TO THE PROPER INTERMEDIATE UNIT OF ALL SUCH
21 CHILDREN EXAMINED AND OF ALL CHILDREN RESIDING IN THE DISTRICT
22 WHO ARE ENROLLED IN SPECIAL CLASSES.] A REPORT SHALL BE MADE TO
23 THE DEPARTMENT OF EDUCATION OF ALL CHILDREN DETERMINED TO NEED
24 SPECIAL EDUCATION SERVICES OR PROGRAMS CONSISTENT WITH CHAPTER
25 14 OF STATE BOARD OF EDUCATION REGULATIONS, AS WELL AS CHAPTER
26 342 OF DEPARTMENT STANDARDS.
27 SECTION 14. SECTION 1376(C.1) OF THE ACT, AMENDED JUNE 7,
28 1993 (P.L.49, NO.16), IS AMENDED TO READ:
29 SECTION 1376. COST OF TUITION AND MAINTENANCE OF CERTAIN
30 EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS.--* * *
19950H0038B2088 - 41 -
1 (C.1) ANY FUNDS REMAINING FROM THE APPROPRIATION LINE ITEMS
2 "FOR SPECIAL EDUCATION - APPROVED PRIVATE SCHOOLS" OR "FOR
3 SPECIAL EDUCATION - CHARTERED SCHOOLS" FROM THE GENERAL
4 APPROPRIATIONS ACTS FOR FISCAL YEARS 1978-1979 [THROUGH 1990-
5 1991 INCLUSIVE] AND EACH FISCAL YEAR THEREAFTER SHALL BE
6 TRANSFERRED BY THE STATE TREASURER INTO A RESTRICTED ACCOUNT
7 (CONTINUING APPROPRIATION) FOR AUDIT RESOLUTION WHICH IS HEREBY
8 ESTABLISHED. THE DEPARTMENT OF EDUCATION SHALL ALSO DEPOSIT INTO
9 THIS RESTRICTED ACCOUNT ANY FUNDS RETURNED TO OR RECOVERED BY
10 THE DEPARTMENT FROM APPROVED PRIVATE SCHOOLS OR CHARTERED
11 SCHOOLS FOR OVERPAYMENTS DURING FISCAL YEARS 1978-1979 [THROUGH
12 1990-1991 INCLUSIVE] AND EACH FISCAL YEAR THEREAFTER. THE FUNDS
13 IN THE RESTRICTED ACCOUNT ARE HEREBY APPROPRIATED UPON APPROVAL
14 OF THE GOVERNOR TO THE DEPARTMENT OF EDUCATION FOR PAYMENTS TO
15 APPROVED PRIVATE SCHOOLS OR CHARTERED SCHOOLS FOR AUDIT
16 RESOLUTIONS FOR FISCAL YEARS 1978-1979 [THROUGH 1990-1991
17 INCLUSIVE] AND EACH FISCAL YEAR THEREAFTER. FUNDS IN THIS
18 RESTRICTED ACCOUNT SHALL NOT BE SUBJECT TO THE LIMITATIONS IN
19 SUBSECTION (C) WHICH PROHIBIT ADVANCE PAYMENTS AND FINAL
20 REIMBURSEMENT FROM EXCEEDING THE APPROPRIATION AVAILABLE FOR
21 APPROVED PRIVATE SCHOOLS. [ANY UNCOMMITTED FUNDS REMAINING IN
22 THIS RESTRICTED ACCOUNT ON JUNE 30, 1995, SHALL LAPSE INTO THE
23 GENERAL FUND.] DURING THE 1995-1996 FISCAL YEAR AND DURING EACH
24 FISCAL YEAR THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL REVIEW
25 THE ACTIVITY IN THE RESTRICTED ACCOUNT AND MAY RECOMMEND THAT
26 THE GOVERNOR AUTHORIZE THE LAPSING INTO THE GENERAL FUND OF ANY
27 FUNDS THAT ARE ESTIMATED NOT TO BE NEEDED FOR AUDIT RESOLUTION.
28 * * *
29 SECTION 15. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
30 ARTICLE XIII-A.
19950H0038B2088 - 42 -
1 SAFE SCHOOLS.
2 SECTION 1301-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
3 "OFFICE" SHALL MEAN THE OFFICE FOR SAFE SCHOOLS.
4 "SCHOOL ENTITY" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT,
5 INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL.
6 "SCHOOL PROPERTY" SHALL MEAN ANY PUBLIC SCHOOL GROUNDS, ANY
7 SCHOOL-SPONSORED ACTIVITY OR ANY CONVEYANCE PROVIDING
8 TRANSPORTATION TO A SCHOOL ENTITY OR SCHOOL-SPONSORED ACTIVITY.
9 "WEAPON" SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY KNIFE,
10 CUTTING INSTRUMENT, CUTTING TOOL, NUNCHAKU, FIREARM, SHOTGUN,
11 RIFLE AND ANY OTHER TOOL, INSTRUMENT OR IMPLEMENT CAPABLE OF
12 INFLICTING SERIOUS BODILY INJURY.
13 SECTION 1302-A. OFFICE FOR SAFE SCHOOLS.--(A) THERE IS
14 HEREBY ESTABLISHED IN THE DEPARTMENT OF EDUCATION AN OFFICE FOR
15 SAFE SCHOOLS.
16 (B) THE OFFICE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
17 (1) TO COORDINATE ANTI-VIOLENCE EFFORTS BETWEEN SCHOOL,
18 PROFESSIONAL, PARENTAL, GOVERNMENTAL, LAW ENFORCEMENT AND
19 COMMUNITY ORGANIZATIONS AND ASSOCIATIONS.
20 (2) TO COLLECT, DEVELOP AND DISSEMINATE INFORMATION,
21 POLICIES, STRATEGIES AND OTHER INFORMATION TO ASSIST IN THE
22 DEVELOPMENT OF PROGRAMS TO IMPACT SCHOOL VIOLENCE.
23 (3) TO PROVIDE DIRECT TRAINING TO SCHOOL EMPLOYES, PARENTS,
24 LAW ENFORCEMENT OFFICIALS AND COMMUNITIES ON EFFECTIVE MEASURES
25 TO COMBAT SCHOOL VIOLENCE.
26 (4) TO ADVISE SCHOOL ENTITIES AND NONPUBLIC SCHOOLS ON THE
27 DEVELOPMENT OF POLICIES TO BE USED REGARDING POSSESSION OF
28 WEAPONS BY ANY PERSON, ACTS OF VIOLENCE AND PROTOCOLS FOR
29 COORDINATION WITH AND REPORTING TO LAW ENFORCEMENT OFFICIALS AND
30 THE DEPARTMENT OF EDUCATION.
19950H0038B2088 - 43 -
1 (5) TO DEVELOP FORMS TO BE USED BY SCHOOL ENTITIES FOR
2 REPORTING INCIDENTS INVOLVING ACTS OF VIOLENCE AND POSSESSION OF
3 WEAPONS ON SCHOOL PROPERTY.
4 (C) IN ADDITION TO THE POWERS AND DUTIES SET FORTH UNDER
5 SUBSECTION (A), THE OFFICE IS AUTHORIZED TO MAKE TARGETED GRANTS
6 TO SCHOOLS TO FUND PROGRAMS WHICH ADDRESS SCHOOL VIOLENCE,
7 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROGRAMS:
8 (1) CONFLICT RESOLUTION OR DISPUTE MANAGEMENT.
9 (2) PEER HELPERS PROGRAMS.
10 (3) RISK ASSESSMENT OR VIOLENCE PREVENTION CURRICULA.
11 (4) CLASSROOM MANAGEMENT.
12 (D) GRANT APPLICATIONS SHALL CONTAIN INFORMATION AS THE
13 OFFICE MAY REQUIRE. THE OFFICE SHALL CONDUCT A THOROUGH ANNUAL
14 EVALUATION OF EACH PROGRAM FOR WHICH A GRANT UNDER THIS SECTION
15 IS MADE.
16 SECTION 1303-A. REPORTING.--(A) THE OFFICE SHALL CONDUCT A
17 ONE-TIME SURVEY OF ALL SCHOOL ENTITIES TO DETERMINE THE NUMBER
18 OF INCIDENTS INVOLVING ACTS OF VIOLENCE ON SCHOOL PROPERTY AND
19 ALL CASES INVOLVING POSSESSION OF A WEAPON BY ANY PERSON ON
20 SCHOOL PROPERTY WHICH OCCURRED WITHIN THE LAST FIVE (5) YEARS.
21 THE SURVEY SHALL BE BASED ON THE BEST AVAILABLE INFORMATION
22 PROVIDED BY SCHOOL ENTITIES.
23 (B) ALL SCHOOL ENTITIES SHALL REPORT ALL NEW INCIDENTS
24 INVOLVING ACTS OF VIOLENCE OR POSSESSION OF A WEAPON BY ANY
25 PERSON ON SCHOOL PROPERTY AT LEAST TWICE A YEAR, AS PROVIDED BY
26 THE OFFICE, ON A FORM TO BE DEVELOPED AND PROVIDED BY THE
27 OFFICE. THE FORM SHALL INCLUDE:
28 (1) AGE OR GRADE OF STUDENT.
29 (2) NAME AND ADDRESS OF SCHOOL.
30 (3) CIRCUMSTANCES SURROUNDING THE INCIDENT, INCLUDING TYPE
19950H0038B2088 - 44 -
1 OF WEAPON.
2 (4) SANCTION IMPOSED BY THE SCHOOL.
3 (5) NOTIFICATION OF LAW ENFORCEMENT.
4 (6) REMEDIAL PROGRAMS INVOLVED.
5 (7) PARENTAL INVOLVEMENT REQUIRED.
6 (8) ARRESTS, CONVICTIONS AND ADJUDICATIONS, IF KNOWN.
7 IF A PERSON OTHER THAN A STUDENT IS INVOLVED, THE REPORT SHALL
8 STATE THE RELATIONSHIP OF THE INDIVIDUAL INVOLVED TO THE SCHOOL
9 ENTITY.
10 (C) ALL SCHOOL ENTITIES SHALL DEVELOP A MEMORANDUM OF
11 UNDERSTANDING WITH LOCAL LAW ENFORCEMENT WHICH SETS FORTH
12 PROCEDURES TO BE FOLLOWED WHEN AN INCIDENT INVOLVING AN ACT OF
13 VIOLENCE OR POSSESSION OF A WEAPON BY ANY PERSON OCCURS ON
14 SCHOOL PROPERTY. LAW ENFORCEMENT PROTOCOLS SHALL BE DEVELOPED IN
15 COOPERATION WITH LOCAL LAW ENFORCEMENT AND THE PENNSYLVANIA
16 STATE POLICE.
17 SECTION 1304-A. SWORN STATEMENT.--(A) PRIOR TO ADMISSION TO
18 ANY SCHOOL ENTITY, THE PARENT, GUARDIAN OR OTHER PERSON HAVING
19 CONTROL OR CHARGE OF A STUDENT SHALL, UPON REGISTRATION, PROVIDE
20 A SWORN STATEMENT OR AFFIRMATION STATING WHETHER THE PUPIL WAS
21 PREVIOUSLY SUSPENDED OR EXPELLED FROM ANY PUBLIC OR PRIVATE
22 SCHOOL OF THIS COMMONWEALTH OR ANY OTHER STATE FOR AN ACT OR
23 OFFENSE INVOLVING WEAPONS, ALCOHOL OR DRUGS, OR FOR THE WILFUL
24 INFLICTION OF INJURY TO ANOTHER PERSON OR FOR ANY ACT OF
25 VIOLENCE COMMITTED ON SCHOOL PROPERTY. THE REGISTRATION SHALL BE
26 MAINTAINED AS PART OF THE STUDENT'S DISCIPLINARY RECORD.
27 (B) ANY WILFUL FALSE STATEMENT MADE UNDER THIS SECTION SHALL
28 BE A MISDEMEANOR OF THE THIRD DEGREE.
29 SECTION 1305-A. TRANSFER OF RECORDS.--WHENEVER A PUPIL
30 TRANSFERS TO ANOTHER SCHOOL ENTITY, A CERTIFIED COPY OF THE
19950H0038B2088 - 45 -
1 STUDENT'S DISCIPLINARY RECORD SHALL BE TRANSMITTED TO THE SCHOOL
2 ENTITY TO WHICH THE PUPIL HAS TRANSFERRED. THE SCHOOL ENTITY TO
3 WHICH THE STUDENT HAS TRANSFERRED SHOULD REQUEST THE RECORD. THE
4 SENDING SCHOOL ENTITY SHALL HAVE TEN (10) DAYS FROM RECEIPT OF
5 THE REQUEST TO SUPPLY A CERTIFIED COPY OF THE STUDENT'S
6 DISCIPLINARY RECORD.
7 SECTION 1306-A. AVAILABILITY OF RECORDS.--A STUDENT'S
8 DISCIPLINARY RECORD AS WELL AS RECORDS MAINTAINED UNDER SECTION
9 1307-A SHALL BE AVAILABLE FOR INSPECTION TO THE STUDENT AND HIS
10 PARENT, GUARDIAN OR OTHER PERSON HAVING CONTROL OR CHARGE OF THE
11 STUDENT, TO SCHOOL OFFICIALS AND TO STATE AND LOCAL LAW
12 ENFORCEMENT OFFICIALS AS PROVIDED BY LAW. PERMISSION OF THE
13 PARENT, GUARDIAN OR OTHER PERSON HAVING CONTROL OR CHARGE OF THE
14 STUDENT SHALL NOT BE REQUIRED FOR TRANSFER OF THE INDIVIDUAL'S
15 STUDENT RECORD TO ANOTHER SCHOOL ENTITY WITHIN THIS COMMONWEALTH
16 OR IN ANOTHER STATE IN WHICH THE STUDENT SEEKS ENROLLMENT OR IS
17 ENROLLED.
18 SECTION 1307-A. MAINTENANCE OF RECORDS.--ALL SCHOOL ENTITIES
19 AND PRIVATE SCHOOLS WITHIN THIS COMMONWEALTH SHALL MAINTAIN
20 UPDATED RECORDS OF ALL INCIDENTS OF VIOLENCE, INCIDENTS
21 INVOLVING POSSESSION OF A WEAPON AND CONVICTIONS OR
22 ADJUDICATIONS OF DELINQUENCY FOR ACTS COMMITTED ON SCHOOL
23 PROPERTY BY STUDENTS ENROLLED THEREIN ON BOTH A DISTRICT-WIDE
24 AND SCHOOL-BY-SCHOOL BASIS. RECORDS MAINTAINED UNDER THIS
25 SECTION SHALL BE CONTAINED IN A FORMAT DEVELOPED BY THE
26 PENNSYLVANIA STATE POLICE IN COOPERATION WITH THE OFFICE WITHIN
27 NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS SECTION. A
28 STATISTICAL SUMMARY OF THESE RECORDS SHALL BE MADE ACCESSIBLE TO
29 THE PUBLIC FOR EXAMINATION BY THE PUBLIC DURING REGULAR BUSINESS
30 HOURS.
19950H0038B2088 - 46 -
1 SECTION 1308-A. REPORT.--THE SECRETARY OF EDUCATION SHALL
2 SURVEY ALL SCHOOL DISTRICTS AND NONPUBLIC SCHOOLS TO DETERMINE
3 THE EXTENT TO WHICH ADDITIONAL COSTS HAVE BEEN INCURRED IN
4 IMPLEMENTING ADMINISTRATIVE AND REPORTING REQUIREMENTS
5 ESTABLISHED FOR PUBLIC AND NONPUBLIC SCHOOLS IN SECTION 1317.2
6 AND IN SECTIONS 1304-A THROUGH 1307-A. THE SECRETARY OF
7 EDUCATION SHALL ISSUE A REPORT TO THE CHAIRMAN AND THE MINORITY
8 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE AND THE EDUCATION
9 COMMITTEE OF THE SENATE AND THE APPROPRIATIONS COMMITTEE AND
10 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES BY APRIL 1,
11 1996, CONCERNING THE EXTENT TO WHICH ADDITIONAL COSTS HAVE BEEN
12 INCURRED BY SCHOOL DISTRICTS AND NONPUBLIC SCHOOLS.
13 SECTION 1309-A. TECHNICAL ASSISTANCE.--THE DEPARTMENT OF
14 EDUCATION SHALL PROVIDE GUIDELINES AND TECHNICAL ASSISTANCE TO
15 ASSIST SCHOOL DISTRICTS AND NONPUBLIC SCHOOLS IN IMPLEMENTING
16 THE PROVISIONS OF THIS ACT.
17 SECTION 16. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 1524. CURRICULUM AND STRATEGIC PLANNING.--(A) THE
19 BOARD OF DIRECTORS OF A SCHOOL DISTRICT OR AREA VOCATIONAL-
20 TECHNICAL BOARD THAT HAS NOT RECEIVED APPROVAL FOR A STRATEGIC
21 PLAN UNDER THE PROVISIONS OF 22 PA. CODE § 5.203 (RELATING TO
22 STRATEGIC PLANS) IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION
23 MUST ADOPT A RESOLUTION IN ORDER TO OPERATE UNDER THE PROVISIONS
24 OF STATE BOARD OF EDUCATION REGULATIONS ESTABLISHED IN 22 PA.
25 CODE CHS. 3 (RELATING TO STUDENT TESTING), 5 (RELATING TO
26 CURRICULUM) AND 6 (RELATING TO VOCATIONAL EDUCATION),
27 PROMULGATED AT 22 PA. B. 2319 (MAY 5, 1992), EFFECTIVE JULY 24,
28 1993, PURSUANT TO 23 PA. B. 3549 (JULY 24, 1993). IF THE BOARD
29 DOES NOT ADOPT A RESOLUTION, IT SHALL OPERATE UNDER THE
30 REGULATIONS IN EFFECT FOR CHS. 5 AND 6 PRIOR TO MAY 2, 1992,
19950H0038B2088 - 47 -
1 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND EXCEPT FOR THE
2 PROVISIONS OF 22 PA. CODE § 5.13 (RELATING TO EDUCATIONAL
3 PLANNING AND ASSESSMENT) THAT WERE IN EFFECT ON MAY 2, 1992.
4 (B) A SCHOOL DISTRICT OR AREA VOCATIONAL-TECHNICAL SCHOOL
5 THAT HAS RECEIVED APPROVAL FOR A STRATEGIC PLAN PREVIOUSLY
6 SUBMITTED UNDER THE REGULATIONS IN EFFECT ON THE EFFECTIVE DATE
7 OF THIS SECTION SHALL NOT BE REQUIRED TO ADOPT A RESOLUTION
8 PURSUANT TO SUBSECTION (A) IN ORDER TO OPERATE UNDER THE
9 PROVISIONS OF THE STATE BOARD OF EDUCATION REGULATIONS
10 ESTABLISHED IN 22 PA. CODE CHS. 3, 5 AND 6, EFFECTIVE JULY 24,
11 1993. THE BOARD MAY ADOPT A RESOLUTION ELECTING TO OPERATE UNDER
12 THE REGULATIONS IN EFFECT FOR CH. 5 AND 6 ON MAY 2, 1992, EXCEPT
13 AS OTHERWISE PROVIDED IN THIS SECTION, AND EXCEPT FOR THE
14 PROVISIONS OF 22 PA. CODE § 5.13 THAT WERE IN EFFECT ON MAY 2,
15 1992.
16 (C) THE BOARD OF DIRECTORS OF A SCHOOL DISTRICT OR AREA
17 VOCATIONAL-TECHNICAL SCHOOL THAT ELECTS TO BE GOVERNED BY THE
18 REGULATIONS IN EFFECT ON MAY 2, 1992 SHALL BE REQUIRED TO SUBMIT
19 A STRATEGIC PLAN BASED ON THE PROVISIONS OF THE REGULATIONS IN
20 EFFECT ON THAT DATE, EXCEPT FOR THE PROVISIONS OF 22 PA. CODE §
21 5.13. THE PLAN SHALL BE SUBMITTED BY SEPTEMBER 30, 1996. A BOARD
22 THAT ALREADY HAS SUBMITTED A STRATEGIC PLAN TO THE DEPARTMENT
23 MAY AMEND OR REPEAL ITS STRATEGIC PLAN AND, IF IT DOES SO, SHALL
24 SUBMIT A NEW OR REVISED PLAN BY SEPTEMBER 30, 1996. A PLAN
25 DEVELOPED OR AMENDED PURSUANT TO THIS SUBSECTION SHALL NOT
26 REQUIRE THE APPROVAL OF A PLANNING COMMITTEE OR OTHER BODY OTHER
27 THAN THE BOARD OF DIRECTORS OF THE SCHOOL DISTRICT OR THE AREA
28 VOCATIONAL-TECHNICAL BOARD.
29 (D) FOR A PLAN SUBMITTED UNDER SUBSECTION (C), THE SECRETARY
30 OF EDUCATION SHALL HAVE THE ABILITY TO REVIEW, EVALUATE AND MAKE
19950H0038B2088 - 48 -
1 COMMENTS ON THE PLAN, BUT SHALL NOT HAVE THE ABILITY TO
2 DISAPPROVE THE PLAN.
3 (E) A STRATEGIC PLAN ESTABLISHES THE OVERALL DIRECTION AND
4 OBJECTIVES FOR A SCHOOL DISTRICT OR AREA VOCATIONAL-TECHNICAL
5 SCHOOL. THE DEPARTMENT OF EDUCATION SHALL NOT HAVE THE AUTHORITY
6 TO COMPEL A DISTRICT OR AREA VOCATIONAL-TECHNICAL SCHOOL TO
7 IMPLEMENT ANY OR ALL ASPECTS OF ITS STRATEGIC PLAN. A SCHOOL
8 DISTRICT OR AREA VOCATIONAL-TECHNICAL SCHOOL SHALL NOT BE UNDER
9 OBLIGATION TO IMPLEMENT ANY OR ALL ASPECTS OF ITS STRATEGIC
10 PLAN.
11 (F) AN EXCEPTIONAL STUDENT, AS DEFINED UNDER SECTION 1371 OF
12 THIS ACT, SHALL MEET ACHIEVEMENT LEVELS AND GRADUATION
13 REQUIREMENTS BY COMPLETION OF THEIR INDIVIDUAL EDUCATION PROGRAM
14 UNDER 22 PA. CODE § 14.32 (RELATING TO IEP).
15 (G) A SCHOOL DISTRICT OR AREA VOCATIONAL-TECHNICAL SCHOOL
16 SHALL PARTICIPATE IN THE STATE ASSESSMENT SYSTEM ESTABLISHED IN
17 22 PA. CODE § 5.231 (RELATING TO STATE ASSESSMENT SYSTEM)
18 IRRESPECTIVE OF THE CURRICULUM REGULATIONS SELECTED UNDER
19 SUBSECTION (A) OR (B).
20 (H) THE DEPARTMENT OF EDUCATION SHALL NOT OFFER ANY
21 INCENTIVES OR DISINCENTIVES FOR THE PURPOSE, OR WHICH WOULD HAVE
22 THE EFFECT, OF INFLUENCING A SCHOOL BOARD IN THE EXERCISE OF ITS
23 OPTIONS UNDER THIS SECTION. AS USED IN THIS SUBSECTION, THE TERM
24 "INCENTIVES OR DISINCENTIVES" INCLUDES, BUT IS NOT LIMITED TO,
25 AWARDING, GRANTING, IMPOSING OR WITHHOLDING FINANCIAL REWARDS OR
26 PENALTIES, REGULATORY WAIVERS OR SPECIAL PROGRAMS.
27 SECTION 17. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
28 ARTICLE XVII-A.
29 CHARTER SCHOOLS.
30 SECTION 1701-A. STATEMENT OF PURPOSE.--IN ORDER TO PROVIDE
19950H0038B2088 - 49 -
1 EXPANDED OPPORTUNITIES FOR TEACHERS, PARENTS, STUDENTS AND
2 COMMUNITY MEMBERS TO ESTABLISH AND MAINTAIN PUBLIC SCHOOLS WHICH
3 OPERATE INDEPENDENTLY FROM THE EXISTING SCHOOL DISTRICT
4 STRUCTURE, AUTHORITY IS HEREBY GRANTED FOR THE ESTABLISHMENT OF
5 CHARTER SCHOOLS, AS DEFINED IN THIS ARTICLE, WITHIN THIS
6 COMMONWEALTH TO EDUCATE STUDENTS FROM KINDERGARTEN THROUGH GRADE
7 TWELVE OR ANY PORTION OF KINDERGARTEN THROUGH GRADE TWELVE. THE
8 SCHOOLS SHALL OPERATE INDEPENDENTLY FROM THE EXISTING SCHOOL
9 DISTRICT STRUCTURE FOR THE PURPOSE OF ACCOMPLISHING THE
10 FOLLOWING:
11 (1) IMPROVING STUDENT LEARNING.
12 (2) INCREASING LEARNING OPPORTUNITIES FOR ALL STUDENTS.
13 (3) ENCOURAGING THE USE OF DIFFERENT AND INNOVATIVE TEACHING
14 METHODS.
15 (4) CREATING NEW PROFESSIONAL OPPORTUNITIES FOR TEACHERS,
16 INCLUDING THE OPPORTUNITY TO BE RESPONSIBLE FOR THE LEARNING
17 PROGRAM AT THE SCHOOL SITE.
18 (5) PROVIDING PARENTS AND STUDENTS WITH EXPANDED CHOICES IN
19 THE TYPES OF EDUCATIONAL OPPORTUNITIES THAT ARE AVAILABLE WITHIN
20 THE PUBLIC SCHOOL SYSTEM.
21 (6) HOLDING SCHOOLS ESTABLISHED UNDER THIS ARTICLE
22 ACCOUNTABLE FOR MEETING MEASURABLE STUDENT ACHIEVEMENT LEVELS
23 AND PROVIDING THE SCHOOLS WITH AN OPPORTUNITY TO CHANGE FROM
24 RULE-BASED TO PERFORMANCE-BASED ACCOUNTABILITY SYSTEMS.
25 SECTION 1702-A. DEFINITIONS.--WHEN USED IN THIS ARTICLE, THE
26 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
27 "BASIC EDUCATION FUNDING." SUBSIDY PAYMENTS ON ACCOUNT OF
28 INSTRUCTION TO SCHOOL DISTRICTS AS PROVIDED UNDER SECTION
29 2502.21 OF THIS ACT AND PAYMENTS FOR FOUNDATION FUNDING FOR
30 EQUITY FOR THE 1993-1994 SCHOOL YEAR AS PROVIDED IN THE ACT OF
19950H0038B2088 - 50 -
1 JUNE 16, 1994 (P.L. , NO.6A), KNOWN AS THE "GENERAL
2 APPROPRIATION ACT OF 1994," AND THEIR SUCCESSOR PROVISIONS.
3 "CHARTER." A WRITTEN AGREEMENT BETWEEN A PERSON AND A LOCAL
4 BOARD OF EDUCATION SPECIFYING THE CONDITIONS FOR THE OPERATION
5 OF A CHARTER SCHOOL.
6 "CHARTER SCHOOL." AN INDEPENDENT PUBLIC SCHOOL WHICH IS
7 ESTABLISHED AND OPERATED UNDER A CHARTER FROM THE LOCAL BOARD OF
8 EDUCATION OR THE SECRETARY OF EDUCATION AND IN WHICH STUDENTS
9 ARE ENROLLED AND ATTEND. PHYSICAL ATTENDANCE REQUIREMENTS SHALL
10 NOT PRECLUDE THE USE OF COMPUTER AND SATELLITE LINKAGES,
11 TELEPHONES, TELEVISIONS OR OTHER TECHNOLOGIES FOR DELIVERING
12 SIGNIFICANT PORTIONS OF INSTRUCTION TO STUDENTS.
13 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
14 COMMONWEALTH.
15 "LOCAL BOARD OF EDUCATION." THE BOARD OF DIRECTORS OF A
16 SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT SCHOOL OR AN AREA
17 VOCATIONAL-TECHNICAL BOARD.
18 "PERSON." A SCHOOL ENTITY, A TEACHER OR GROUP OF TEACHERS
19 WITHIN A SCHOOL, AN INDIVIDUAL, A COLLEGE OR UNIVERSITY, A
20 PRIVATE SCHOOL, A FIRM, A CORPORATION, AN ASSOCIATION OR A
21 PARTNERSHIP.
22 "SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT
23 SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.
24 "SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.
25 WORDS AND PHRASES NOT SPECIFICALLY DEFINED IN THIS SUBSECTION
26 FOR PURPOSES OF THIS ARTICLE SHALL HAVE THE MEANINGS OTHERWISE
27 GENERALLY PRESCRIBED IN THIS ACT.
28 SECTION 1703-A. APPLICATION FOR CHARTER SCHOOL.--(A)
29 CHARTER SCHOOLS MAY BE ESTABLISHED BY CREATING A NEW SCHOOL OR
30 BY CONVERTING AN EXISTING PUBLIC SCHOOL.
19950H0038B2088 - 51 -
1 (B) AN APPLICATION FOR A CHARTER SCHOOL MAY BE SUBMITTED TO
2 A LOCAL BOARD OF EDUCATION BY ANY PERSON SEEKING A CHARTER TO
3 OPERATE A SCHOOL. NO PERSON MAY SUBMIT AN APPLICATION TO CONVERT
4 A NONPUBLIC SCHOOL INTO A CHARTER SCHOOL.
5 (C) THE GOVERNING BOARD OF A CHARTER SCHOOL MAY CONTRACT
6 WITH A PRIVATE ENTITY TO PROVIDE INSTRUCTION, ADMINISTER,
7 OPERATE OR MAINTAIN ANY OR ALL ASPECTS OF A CHARTER SCHOOL
8 PURSUANT TO PROVISIONS OF THIS ACT.
9 (D) AN APPLICATION FOR A CHARTER MUST BE RECEIVED BY THE
10 LOCAL BOARD OF EDUCATION NO LATER THAN OCTOBER 15 FOR THE
11 PURPOSE OF OPERATING A CHARTER SCHOOL IN THE FOLLOWING YEAR
12 EXCEPT THAT FOR A CHARTER SCHOOL BEGINNING IN THE 1996-1997
13 SCHOOL YEAR, AN APPLICATION MUST BE RECEIVED BY THE LOCAL BOARD
14 OF EDUCATION BY MARCH 1, 1996, AND THAT FOR A CHARTER SCHOOL
15 BEGINNING IN THE 1995-1996 SCHOOL YEAR, AN APPLICATION MUST BE
16 RECEIVED BY AUGUST 1, 1995. FOR THE 1995-1996 SCHOOL YEAR, THE
17 LOCAL BOARD OF EDUCATION SHALL EXPEDITE THE REVIEW AND APPROVAL
18 OF AN APPLICATION IN ORDER FOR A CHARTER SCHOOL TO BEGIN
19 OPERATION BY ITS OPENING DAY OF THE 1995-1996 SCHOOL YEAR.
20 (E) APPLICATIONS SHALL BE IN A FORM TO BE DETERMINED BY THE
21 SECRETARY, AND SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION:
22 (1) THE CHARTER SCHOOL'S MISSION STATEMENT.
23 (2) THE CHARTER SCHOOL'S GOALS, CURRICULUM AND EXPECTED
24 STUDENT ACHIEVEMENT LEVELS.
25 (3) A DESCRIPTION OF MEASURES FOR EVALUATING THE PERFORMANCE
26 OF STUDENTS AND THE CHARTER SCHOOL.
27 (4) A DESCRIPTION OF THE CHARTER SCHOOL'S ADMISSIONS POLICY,
28 STUDENT SELECTION CRITERIA AND DISCIPLINARY AND DISMISSAL
29 POLICY.
30 (5) THE AGE OR GRADE LEVELS OF STUDENTS SERVED BY THE
19950H0038B2088 - 52 -
1 CHARTER SCHOOL.
2 (6) A DESCRIPTION OF THE GOVERNING BOARD OF THE CHARTER
3 SCHOOL AND THE RELATIONSHIP BETWEEN THE SCHOOL ENTITY AND THE
4 CHARTER SCHOOL.
5 (7) THE MANAGEMENT AND ADMINISTRATIVE STRUCTURE OF THE
6 CHARTER SCHOOL.
7 (8) THE REQUIRED QUALIFICATIONS FOR FACULTY AND STAFF.
8 (9) IN THE CASE OF AN EXISTING SCHOOL BEING CONVERTED TO A
9 CHARTER SCHOOL, THE ALTERNATIVE ARRANGEMENTS FOR CURRENT
10 STUDENTS WHO CHOOSE NOT TO ATTEND THE CHARTER SCHOOL AND FOR
11 CURRENT TEACHERS WHO CHOOSE NOT TO TEACH IN THE CHARTER SCHOOL
12 AFTER CONVERSION.
13 (10) A DESCRIPTION OF THE NATURE AND EXTENT OF PARENTAL AND
14 COMMUNITY INVOLVEMENT IN THE OPERATION OF THE CHARTER SCHOOL.
15 (11) THE ARRANGEMENTS FOR COVERING TEACHERS AND OTHER STAFF
16 FOR HEALTH, RETIREMENT AND OTHER BENEFITS.
17 (12) A DESCRIPTION OF THE FACILITIES WHICH THE CHARTER
18 SCHOOL WILL UTILIZE IN ITS EDUCATIONAL PROGRAM.
19 (13) A PROPOSED BUDGET.
20 (14) A PROCEDURE FOR AN ANNUAL INDEPENDENT AUDIT OF THE
21 CHARTER SCHOOL'S FINANCES. THE AUDIT SHALL BE A PUBLIC RECORD
22 FOR THE PURPOSE OF THE ACT OF JUNE 21, 1957 (P.L.390, NO.212),
23 REFERRED TO AS THE RIGHT-TO-KNOW LAW.
24 (15) HOW THE CHARTER SCHOOL, EMPLOYES AND THE GOVERNING
25 BOARD OF THE CHARTER SCHOOL WILL BE INSURED.
26 (16) WHEN APPLICABLE, THE CHARTER SCHOOL'S ARTICLES OF
27 INCORPORATION AND BYLAWS OR PARTNERSHIP AGREEMENT.
28 SECTION 1704-A. REVIEW AND APPROVAL OF APPLICATIONS.--(A)
29 PROCEDURES FOR CONSIDERATION OF A CHARTER SCHOOL APPLICATION BY
30 A LOCAL BOARD OF EDUCATION SHALL BE AS FOLLOWS:
19950H0038B2088 - 53 -
1 (1) NOT LATER THAN FIFTEEN (15) DAYS AFTER RECEIPT OF THE
2 APPLICATION, THE LOCAL BOARD OF EDUCATION SHALL PROVIDE THE
3 CHARTER SCHOOL APPLICANT WITH REASONABLE WRITTEN NOTICE OF A
4 PUBLIC HEARING ON THE APPLICATION, SAID HEARING TO BE CONDUCTED
5 NOT LATER THAN THIRTY (30) DAYS AFTER RECEIPT BY THE CHARTER
6 SCHOOL APPLICANT OF SAID NOTICE. AT THE HEARING, THE LOCAL BOARD
7 OF EDUCATION SHALL CONSIDER THE MERITS OF THE APPLICATION BASED
8 SOLELY ON THE CRITERIA SPECIFIED IN SUBSECTION (B) OF THIS
9 SECTION.
10 (2) NOT LATER THAN THIRTY (30) DAYS FOLLOWING THE PUBLIC
11 HEARING, THE LOCAL BOARD OF EDUCATION SHALL GRANT OR DENY THE
12 APPLICATION, BASED SOLELY ON THE CRITERIA SET FORTH IN
13 SUBSECTION (B) OF THIS SECTION; THIS DATE MAY BE EXTENDED AN
14 ADDITIONAL PERIOD OF UP TO THIRTY (30) DAYS IF BOTH THE LOCAL
15 BOARD OF EDUCATION AND THE CHARTER SCHOOL APPLICANT AGREE TO THE
16 EXTENSION. FORMAL ACTION APPROVING OR DENYING THE APPLICATION
17 SHALL BE TAKEN BY THE LOCAL BOARD OF EDUCATION AT A PUBLIC
18 MEETING, WITH NOTICE OF CONSIDERATION OF THE APPLICATION GIVEN
19 BY THE BOARD, PURSUANT TO THE ACT OF JULY 3, 1986 (P.L.388,
20 NO.84), KNOWN AS THE "SUNSHINE ACT." WRITTEN NOTICE OF THE
21 BOARD'S ACTION SHALL BE SENT TO THE APPLICANT AND THE SECRETARY.
22 IF THE APPLICATION IS DENIED, THE REASONS FOR THE DENIAL AND
23 SUGGESTED REMEDIAL MEASURES, IF ANY, SHALL BE CLEARLY STATED IN
24 THE NOTICE SENT BY THE LOCAL BOARD OF EDUCATION TO THE CHARTER
25 SCHOOL APPLICANT.
26 (3) AT THE OPTION OF THE CHARTER SCHOOL APPLICANT A DENIED
27 APPLICATION MAY BE REVISED AND RESUBMITTED TO THE LOCAL BOARD OF
28 EDUCATION, OR THE DECISION OF THE LOCAL BOARD OF EDUCATION MAY
29 BE APPEALED TO THE SECRETARY. WHEN AN APPLICATION IS REVISED AND
30 RESUBMITTED TO THE LOCAL BOARD OF EDUCATION, THE BOARD SHALL
19950H0038B2088 - 54 -
1 HAVE THE OPTION TO SCHEDULE ANOTHER PUBLIC HEARING TO CONSIDER
2 THE APPLICATION. THE BOARD SHALL CONSIDER THE REVISED AND
3 RESUBMITTED APPLICATION AT THE FIRST BOARD MEETING OCCURRING AT
4 LEAST FIFTEEN (15) DAYS AFTER RECEIPT OF THE REVISED APPLICATION
5 BY THE BOARD. THE BOARD SHALL PROVIDE NOTICE OF CONSIDERATION OF
6 THE REVISED APPLICATION PURSUANT TO THE "SUNSHINE ACT."
7 (B) A CHARTER SCHOOL APPLICATION SUBMITTED PURSUANT TO
8 SECTION 1703-A OF THIS ACT SHALL BE EVALUATED IN GOOD FAITH BY
9 THE LOCAL BOARD OF EDUCATION BASED ON CRITERIA, INCLUDING, BUT
10 NOT LIMITED TO, THE FOLLOWING:
11 (1) THE DEMONSTRATED, SUSTAINABLE SUPPORT FOR THE CHARTER
12 SCHOOL PLAN BY TEACHERS, PARENTS, OTHER COMMUNITY MEMBERS AND
13 STUDENTS.
14 (2) THE CAPABILITY OF THE CHARTER SCHOOL APPLICANT, IN TERMS
15 OF SUPPORT AND PLANNING, TO PROVIDE COMPREHENSIVE LEARNING
16 EXPERIENCES TO STUDENTS PURSUANT TO THE ADOPTED CHARTER SCHOOL
17 PLAN.
18 (3) THE EXTENT TO WHICH THE APPLICATION AND THE PLAN
19 CONSIDER THE INFORMATION REQUESTED IN SUBSECTION (E) OF SECTION
20 1703-A OF THIS ACT AND CONFORM TO THE STATEMENT OF PURPOSE
21 OUTLINED IN SECTION 1701-A OF THIS ACT.
22 (4) THE EXTENT TO WHICH THE PLAN MAY SERVE AS A MODEL FOR
23 OTHER PUBLIC SCHOOLS.
24 (C) THE SECRETARY SHALL REVIEW AN APPEAL BY A CHARTER SCHOOL
25 APPLICANT, OR BY THE GOVERNING BOARD OF AN EXISTING CHARTER
26 SCHOOL, OF A DECISION MADE BY A LOCAL BOARD OF EDUCATION NOT TO
27 GRANT, NOT TO RENEW OR TO REVOKE A CHARTER AS PROVIDED IN THIS
28 SECTION. A LOCAL BOARD OF EDUCATION DECISION WHICH IS APPEALED
29 TO THE SECRETARY SHALL BE REVIEWED WITHOUT REFERENCE TO THE
30 DECISION OF THE LOCAL BOARD OF EDUCATION EXCEPT AS PROVIDED IN
19950H0038B2088 - 55 -
1 THIS SUBSECTION.
2 (1) NOT LATER THAN THIRTY (30) DAYS AFTER RECEIPT OF THE
3 APPEAL, THE SECRETARY SHALL PROVIDE REASONABLE WRITTEN NOTICE OF
4 AND CONDUCT A PUBLIC HEARING TO CONSIDER THE SCHOOL EMPLOYE AND
5 COMMUNITY SUPPORT FOR AND THE MERITS OF GRANTING THE CHARTER
6 SCHOOL APPLICATION, ITS REVOCATION OR ITS RENEWAL BASED ON THE
7 INFORMATION REQUIRED IN SECTION 1703-A OF THIS ACT AND THE
8 CRITERIA SET FORTH IN SUBSECTION (B) OF THIS SECTION.
9 (2) NOT LATER THAN THIRTY (30) DAYS FOLLOWING THE PUBLIC
10 HEARING CONDUCTED PURSUANT TO CLAUSE (1) OF THIS SUBSECTION, THE
11 SECRETARY SHALL ISSUE A WRITTEN DECISION GRANTING OR DENYING THE
12 APPLICATION, THE REVOCATION OR THE RENEWAL OF THE CHARTER OR
13 REMANDING THE ISSUE TO THE LOCAL BOARD OF EDUCATION FOR FURTHER
14 REVIEW. THE SECRETARY MAY MAKE RECOMMENDATIONS TO THE LOCAL
15 BOARD OF EDUCATION CONCERNING A REMANDED APPLICATION. A COPY OF
16 THE SECRETARY'S DECISION SHALL BE PROVIDED TO THE CHARTER SCHOOL
17 APPLICANT, THE GOVERNING BOARD OF A CHARTER SCHOOL AND THE LOCAL
18 BOARD OF EDUCATION. WITHIN THIRTY (30) DAYS FOLLOWING THE REMAND
19 OF AN APPLICATION TO THE LOCAL BOARD OF EDUCATION AND AFTER
20 REASONABLE PUBLIC NOTICE, THE LOCAL BOARD OF EDUCATION, AT A
21 PUBLIC MEETING, SHALL RECONSIDER ITS DECISION AND MAKE A FINAL
22 DECISION. A COPY OF THE LOCAL BOARD OF EDUCATION'S FINAL
23 DECISION SHALL BE PROVIDED TO THE CHARTER SCHOOL APPLICANT, THE
24 GOVERNING BOARD OF A CHARTER SCHOOL AND THE SECRETARY.
25 (D) AN APPEAL OF A DECISION TO REVOKE A CHARTER, AS PROVIDED
26 IN SECTION 1708-A OF THIS ACT, OR NOT TO RENEW A CHARTER SHALL
27 BE HEARD AND DECIDED WITHIN THE SAME TIME LIMITS AND IN THE SAME
28 MANNER AS AN APPEAL OF A DENIED APPLICATION. IN MAKING THE
29 DECISION, THE SECRETARY MAY CONSIDER THE CHARTER SCHOOL'S PLAN,
30 ANNUAL REPORTS, STUDENT ACHIEVEMENT LEVELS, AND EMPLOYE AND
19950H0038B2088 - 56 -
1 COMMUNITY SUPPORT FOR THE CHARTER SCHOOL, AS WELL AS THE GROUNDS
2 STATED AND EVIDENCE PRESENTED BY THE LOCAL BOARD OF EDUCATION IN
3 RENDERING ITS REVOCATION OR NONRENEWAL DECISION.
4 (E) IF THE SECRETARY DETERMINES THAT THE CHARTER SHOULD NOT
5 BE REVOKED OR SHOULD BE RENEWED, THE SECRETARY SHALL GIVE
6 REASONABLE NOTICE OF THE DECISION TO THE LOCAL BOARD OF
7 EDUCATION AND THE GOVERNING BOARD OF THE CHARTER SCHOOL.
8 (F) ALL DECISIONS OF THE SECRETARY SHALL BE SUBJECT TO 2
9 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
10 (G) NO APPLICATION FOR A CHARTER MAY BE GRANTED TO ANY
11 SCHOOL WHICH IS AFFILIATED WITH ANY RELIGIOUS OR SECTARIAN
12 INSTITUTION OR WHICH DISCRIMINATES ON GROUNDS OF RELIGION,
13 GENDER, RACE, ETHNICITY, NATIONAL ORIGIN OR DISABILITY IN EITHER
14 HIRING OR ADMISSIONS.
15 (H) CHARTERS SHALL BE GRANTED FOR A PERIOD OF UP TO SIX (6)
16 YEARS AND SHALL NOT BE SUBJECT TO REVOCATION OR DENIAL EXCEPT AS
17 SPECIFIED IN THIS SECTION AND IN SECTION 1708-A OF THIS ACT.
18 (I) WHEN A LOCAL BOARD OF EDUCATION APPROVES A CHARTER IT
19 SHALL REPORT ITS APPROVAL TO THE SECRETARY.
20 SECTION 1705-A. ADMISSION OF STUDENTS.--A CHARTER SCHOOL MAY
21 NOT DISCRIMINATE IN ADMISSIONS ON THE BASIS OF RELIGION, GENDER,
22 RACE, ETHNICITY, NATIONAL ORIGIN, DISABILITY OR ATHLETIC
23 ABILITY, EXCEPT THAT A STUDENT SHALL BE REQUIRED TO MEET
24 ESTABLISHED ELIGIBILITY CRITERIA FOR PARTICIPATION IN MAGNET
25 SCHOOLS OR IN SCHOOLS WITH SPECIALIZED ACADEMIC MISSIONS AS WELL
26 AS AGE OR GRADE LEVEL REQUIREMENTS ESTABLISHED BY THE SCHOOL.
27 ALL STUDENTS MUST BE SELECTED ON A RANDOM BASIS FROM A POOL OF
28 QUALIFIED APPLICANTS MEETING THE ESTABLISHED ELIGIBILITY
29 CRITERIA AND SUBMITTING AN APPLICATION BY THE DEADLINE
30 ESTABLISHED BY THE CHARTER SCHOOL, EXCEPT THAT THE CHARTER
19950H0038B2088 - 57 -
1 SCHOOL MAY GIVE PREFERENCE IN ENROLLMENT TO STUDENTS WHO RESIDE
2 IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED,
3 TO A CHILD OF A PARENT MAKING A SUBSTANTIAL CONTRIBUTION TO THE
4 PLANNING AND ESTABLISHMENT OF THE CHARTER SCHOOL, AND TO
5 SIBLINGS OF STUDENTS PRESENTLY ENROLLED IN THE CHARTER SCHOOL.
6 SECTION 1706-A. OPERATION.--(A) A CHARTER SCHOOL MAY
7 CONTRACT FOR MAINTENANCE AND SUPPORT SERVICES WITH A LOCAL BOARD
8 OF EDUCATION OR ANY OTHER PROVIDER OF THESE SERVICES AND MAY
9 LEASE OR PURCHASE REAL PROPERTY FOR ITS EDUCATIONAL PROGRAMS
10 FROM A SCHOOL ENTITY OR ANOTHER PROPERTY OWNER.
11 (B) A CHARTER SCHOOL SHALL BE SUBJECT TO ALL LAWS AND
12 REGULATIONS PERTAINING TO HEALTH AND SAFETY AND CIVIL RIGHTS
13 THAT ARE APPLICABLE TO PUBLIC SCHOOLS. THE PROVISIONS OF
14 SECTIONS 1109(A), 1111, 1112(A), 1310 AND 1310.1 OF THIS ACT
15 SHALL ALSO APPLY TO A CHARTER SCHOOL.
16 (C) A CHARTER SCHOOL SHALL PARTICIPATE IN THE PENNSYLVANIA
17 STATE ASSESSMENT SYSTEM AS PROVIDED FOR IN 22 PA. CODE CH. 5
18 (RELATING TO CURRICULUM) IN THE MANNER IN WHICH THE SCHOOL
19 DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED IS SCHEDULED TO
20 PARTICIPATE, UNLESS THE SECRETARY AUTHORIZES A WAIVER FROM
21 ADMINISTRATION OF THE TESTS.
22 (D) A CHARTER SCHOOL SHALL PROVIDE A MINIMUM OF ONE HUNDRED
23 EIGHTY (180) DAYS OF INSTRUCTION OR NINE HUNDRED (900) HOURS OF
24 INSTRUCTION AT THE ELEMENTARY LEVEL, OR NINE HUNDRED NINETY
25 (990) HOURS PER YEAR OF INSTRUCTION AT THE SECONDARY LEVEL.
26 (E) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A CHARTER
27 SCHOOL IS EXEMPT FROM STATUTORY REQUIREMENTS ESTABLISHED IN THIS
28 ACT AND FROM REGULATIONS OF THE STATE BOARD OF EDUCATION AND
29 STANDARDS OF THE SECRETARY NOT SPECIFICALLY APPLICABLE TO THIS
30 ARTICLE.
19950H0038B2088 - 58 -
1 SECTION 1707-A. STAFFING.--(A) THE CHARTER SCHOOL GOVERNING
2 BOARD SHALL SELECT AND EMPLOY ITS TEACHING, ADMINISTRATIVE AND
3 SUPPORT STAFF.
4 (B) THE GOVERNING BOARD OF THE CHARTER SCHOOL SHALL
5 DETERMINE THE LEVEL OF COMPENSATION AND ALL TERMS AND CONDITIONS
6 OF EMPLOYMENT FOR THE STAFF OF THE SCHOOL. EMPLOYES OF A CHARTER
7 SCHOOL MAY ORGANIZE UNDER THE ACT OF JULY 23, 1970 (P.L.563,
8 NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT." EMPLOYE
9 ORGANIZATIONS AT A CHARTER SCHOOL SHALL BE CERTIFIED AS UNITS
10 SEPARATE FROM ANY OTHER BARGAINING UNIT OF THE SCHOOL ENTITY IN
11 WHICH THE CHARTER SCHOOL IS LOCATED. THE GOVERNING BOARD OF A
12 CHARTER SCHOOL SHALL BE CONSIDERED THE EMPLOYER FOR THE PURPOSES
13 OF ARTICLE XI-A OF THIS ACT.
14 (C) ANY EMPLOYE OF A SCHOOL ENTITY WHO TRANSFERS EMPLOYMENT
15 TO A CHARTER SCHOOL SHALL BE GRANTED THREE (3) YEARS' LEAVE OF
16 ABSENCE FROM HIS OR HER PREVIOUS JOB BY THE BOARD OF THE FORMER
17 EMPLOYING SCHOOL ENTITY AND SHALL BE PERMITTED TO RETURN TO HIS
18 OR HER JOB, OR COMPARABLE JOB IN THAT SCHOOL ENTITY, AT THE END
19 OF THE LEAVE. THE BOARD OF THE FORMER EMPLOYING SCHOOL ENTITY IS
20 AUTHORIZED TO GRANT AN ADDITIONAL ONE (1) YEAR'S LEAVE FOR ANY
21 EMPLOYE. A FULL-TIME OR PART-TIME EMPLOYE, WHILE ON LEAVE TO
22 WORK IN THE CHARTER SCHOOL, SHALL BE CONSIDERED TO BE IN REGULAR
23 FULL-TIME OR PART-TIME DAILY ATTENDANCE IN THE POSITION FROM
24 WHICH THE LEAVE WAS TAKEN DURING THE PERIOD OF LEAVE, FOR THE
25 PURPOSE OF DETERMINING THE EMPLOYE'S LENGTH OF SERVICE FOR
26 SUSPENSION PURPOSES AND FOR THE PURPOSE OF DETERMINING THE RIGHT
27 TO RECEIVE SALARY INCREMENTS.
28 (D) EMPLOYES OF A CHARTER SCHOOL SHALL HAVE THE OPTION OF
29 CONTINUING OR PURCHASING GROUP HEALTH INSURANCE COVERAGE FROM
30 THE GROUP PLAN SPONSORED BY THEIR FORMER EMPLOYING SCHOOL ENTITY
19950H0038B2088 - 59 -
1 UNDER THE CONDITIONS ESTABLISHED FOR THEIR FORMER BARGAINING
2 UNIT, OR IF THERE IS NO BARGAINING UNIT, THEN FOR THE SAME CLASS
3 OF EMPLOYE WITHIN THE ENTITY.
4 (E) ALL EMPLOYES AND PROSPECTIVE EMPLOYES OF THE CHARTER
5 SCHOOL, AND ALL INDEPENDENT CONTRACTORS AND THEIR EMPLOYES, WHO
6 HAVE OR WILL HAVE DIRECT CONTACT WITH CHILDREN SHALL FURNISH THE
7 GOVERNING BOARD OF THE CHARTER SCHOOL WITH A CRIMINAL HISTORY
8 BACKGROUND CHECK IN ACCORDANCE WITH SECTION 111 OF THIS ACT.
9 SECTION 1708-A. CAUSES FOR NONRENEWAL OR TERMINATION.--(A)
10 DURING THE TERM OF THE CHARTER OR AT THE END OF THE TERM OF THE
11 CHARTER, THE LOCAL BOARD OF EDUCATION OR THE SECRETARY MAY
12 CHOOSE TO REVOKE OR NOT TO RENEW THE CHARTER BASED ON ANY OF THE
13 FOLLOWING:
14 (1) ONE OR MORE MATERIAL VIOLATIONS OF ANY OF THE
15 CONDITIONS, STANDARDS OR PROCEDURES CONTAINED IN THE CHARTER
16 SCHOOL APPLICATION.
17 (2) FAILURE TO MEET THE REQUIREMENTS FOR STUDENT PERFORMANCE
18 STATED IN THE CHARTER SCHOOL APPLICATION.
19 (3) FAILURE TO MEET GENERALLY ACCEPTED STANDARDS OF FISCAL
20 MANAGEMENT.
21 (4) VIOLATION OF PROVISIONS OF THIS ARTICLE.
22 (5) OTHER GOOD CAUSE SHOWN.
23 (B) ANY NOTICE OF REVOCATION OR NONRENEWAL OF A CHARTER
24 GIVEN BY THE LOCAL BOARD OF EDUCATION SHALL STATE THE GROUNDS
25 FOR SUCH ACTION WITH REASONABLE SPECIFICITY AND GIVE REASONABLE
26 NOTICE TO THE GOVERNING BOARD OF THE CHARTER SCHOOL OF THE DATE
27 ON WHICH A PUBLIC HEARING CONCERNING THE REVOCATION OR
28 NONRENEWAL WILL BE HELD. THE LOCAL BOARD OF EDUCATION SHALL
29 CONDUCT SUCH HEARING, PRESENT EVIDENCE IN SUPPORT OF THE GROUNDS
30 FOR REVOCATION OR NONRENEWAL STATED IN ITS NOTICE, AND GIVE THE
19950H0038B2088 - 60 -
1 CHARTER SCHOOL REASONABLE OPPORTUNITY TO OFFER TESTIMONY BEFORE
2 TAKING FINAL ACTION.
3 (C) THE CHARTER SCHOOL MAY APPEAL THE LOCAL BOARD OF
4 EDUCATION'S DECISION TO REVOKE OR NOT RENEW THE CHARTER TO THE
5 SECRETARY.
6 (D) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, THE CHARTER
7 SCHOOL SHALL BE DISSOLVED.
8 (E) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, A STUDENT
9 WHO ATTENDED THE CHARTER SCHOOL MAY APPLY TO ANOTHER PUBLIC
10 SCHOOL. NORMAL APPLICATION DEADLINES WILL BE DISREGARDED UNDER
11 THESE CIRCUMSTANCES.
12 SECTION 1709-A. RETIREMENT.--AN EMPLOYE OF A CHARTER SCHOOL
13 WHO HAS LEFT THE EMPLOYMENT OF A SCHOOL ENTITY TO WORK IN A
14 CHARTER SCHOOL, AND WHO HAS CHOSEN NOT TO RETIRE, MAY ELECT TO
15 CONTINUE TO EARN AGGREGATE CREDITS AND ELIGIBILITY POINTS IN THE
16 PUBLIC SCHOOL EMPLOYES RETIREMENT SYSTEM BY PAYING BOTH THE
17 AMOUNT OF THE EMPLOYER CONTRIBUTION THAT WOULD HAVE BEEN
18 CONTRIBUTED BY THE SCHOOL DISTRICT IF THE EMPLOYE HAD NOT TAKEN
19 A LEAVE OF ABSENCE TO TEACH AT THE CHARTER SCHOOL AND THE AMOUNT
20 OF EMPLOYE CONTRIBUTION, BASED UPON THE ANNUAL SALARY OF THE
21 EMPLOYE FOR THE LAST FULL PAY PERIOD IMMEDIATELY PRIOR TO THE
22 BEGINNING OF THE LEAVE OR THE EMPLOYE'S SALARY OR WAGES AS AN
23 EMPLOYE OF THE CHARTER SCHOOL, WHICHEVER IS GREATER. THE
24 COMMONWEALTH SHALL CONTINUE TO MAKE CONTRIBUTIONS INTO THE
25 RETIREMENT FUND ON BEHALF OF ALL ACTIVE MEMBERS OF A CHARTER
26 SCHOOL IN ACCORDANCE WITH 24 PA.C.S. § 8326 (RELATING TO
27 CONTRIBUTIONS BY THE COMMONWEALTH). NOTHING IN THIS ARTICLE
28 SHALL PROHIBIT A CHARTER SCHOOL FROM MAKING THE EMPLOYER
29 CONTRIBUTION FOR EMPLOYES OF THE CHARTER SCHOOL, SO LONG AS
30 PAYMENTS ARE NOT MADE FROM STATE FUNDS ALLOCATED TO THE CHARTER
19950H0038B2088 - 61 -
1 SCHOOL FOR STUDENT INSTRUCTION.
2 SECTION 1710-A. FUNDING.--(A) FUNDING FOR A CHARTER SCHOOL
3 SHALL BE PROVIDED IN THE FOLLOWING MANNER:
4 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT STUDENT
5 ATTENDING A CHARTER SCHOOL OPERATED BY, OR UNDER CONTRACT WITH,
6 THE LOCAL BOARD OF EDUCATION OF THE DISTRICT IN WHICH THE
7 STUDENT RESIDES OR A CHARTER SCHOOL OPERATED BY, OR UNDER
8 CONTRACT WITH, A LOCAL BOARD OF EDUCATION IN WHICH THE SCHOOL
9 DISTRICT OF RESIDENCE PARTICIPATES THROUGH A CONSORTIA
10 ARRANGEMENT.
11 (2) WHEN A CHARTER SCHOOL IS OPERATED BY, OR UNDER CONTRACT
12 WITH, A LOCAL BOARD OF EDUCATION, THE CHARTER SCHOOL SHALL
13 RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN NINETY PER CENTUM
14 (90%) OF THE TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP, AS
15 DEFINED BY SECTION 2501(20) OF THIS ACT, FROM THE SCHOOL
16 DISTRICT OR THE CONSTITUENT DISTRICTS FOR EACH RESIDENT STUDENT
17 ATTENDING THE CHARTER SCHOOL.
18 (3) FOR A NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL
19 OPERATED BY, OR UNDER CONTRACT WITH, A SCHOOL DISTRICT, A
20 CHARTER SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS
21 THAN NINETY PER CENTUM (90%) OF THE TOTAL EXPENDITURE PER
22 AVERAGE DAILY MEMBERSHIP OF THE DISTRICT OF RESIDENCE. FOR A
23 NONRESIDENT STUDENT ELIGIBLE FOR AN EDUCATIONAL OPPORTUNITY
24 GRANT AND THE PER PUPIL BASIC EDUCATION FUNDING LEVEL FOLLOWING
25 THE STUDENT AS PROVIDED IN SECTION 1310.1 OF THIS ACT, THE
26 CHARTER SCHOOL SHALL RECEIVE NO LESS THAN NINETY PER CENTUM
27 (90%) OF THE TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF
28 THE DISTRICT OF RESIDENCE MINUS THE SUM OF THE GRANT PLUS THE
29 BASIC EDUCATION FUNDING LEVEL FOLLOWING THE STUDENT. FOR A
30 NONRESIDENT STUDENT WHO IS NOT A GRANT RECIPIENT PURSUANT TO
19950H0038B2088 - 62 -
1 SECTION 1310.1 OF THIS ACT, A CHARTER SCHOOL SHALL RECEIVE NO
2 LESS THAN NINETY PER CENTUM (90%) OF THE TOTAL EXPENDITURE PER
3 AVERAGE DAILY MEMBERSHIP OF THE DISTRICT OF RESIDENCE MINUS THE
4 BASIC EDUCATION FUNDING LEVEL FOLLOWING THE STUDENT.
5 (4) A PARENT OF A NONRESIDENT STUDENT RECEIVING A GRANT
6 PURSUANT TO SECTION 1310.1 OF THIS ACT SHALL BE RESPONSIBLE FOR
7 AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM (33
8 1/3%) OF THE BALANCE OF THE AMOUNT THE CHARTER SCHOOL SHALL
9 RECEIVE IN CLAUSE (2), AND THIS SUM WHEN PAID SHALL BE TREATED,
10 ALONG WITH THE GRANT AND THE BASIC EDUCATION FUNDING CREDIT, AS
11 FULL PAYMENT OF THE PER STUDENT AMOUNT FOR OPERATING A CHARTER
12 SCHOOL. IN THE CASE OF A STUDENT RECEIVING ONLY THE BASIC
13 EDUCATION FUNDING CREDIT PURSUANT TO SECTION 1310.1 OF THIS ACT,
14 THE PARENT SHALL BE RESPONSIBLE FOR THE DIFFERENCE BETWEEN THE
15 AMOUNT OF THE CREDIT AND THE AMOUNT THE CHARTER SCHOOL SHALL
16 RECEIVE IN CLAUSE (2).
17 (5) IF A CHARTER SCHOOL IS NOT OPERATED BY A SCHOOL ENTITY,
18 THE SCHOOL DISTRICT OF RESIDENCE SHALL PAY TO THE CHARTER SCHOOL
19 FOR EACH STUDENT ENROLLED NO LESS THAN NINETY PER CENTUM (90%)
20 OF THE TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP MINUS ANY
21 AMOUNTS PROVIDED TO A NONRESIDENT STUDENT IN CLAUSE (3). THE
22 PARENT OF A NONRESIDENT STUDENT SHALL PAY ANY AMOUNTS RECEIVED
23 UNDER SECTION 1310.1 OF THIS ACT TO THE GOVERNING BOARD OF THE
24 CHARTER SCHOOL.
25 (6) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE
26 (12) EQUAL MONTHLY PAYMENTS IN THE OPERATING SCHOOL YEAR. A
27 STUDENT ENROLLED IN A CHARTER SCHOOL SHALL BE INCLUDED IN THE
28 AVERAGE DAILY MEMBERSHIP OF THE STUDENT'S DISTRICT OF RESIDENCE
29 FOR THE PURPOSE OF PROVIDING BASIC EDUCATION FUNDING PAYMENTS
30 AND SPECIAL EDUCATION FUNDING PURSUANT TO SECTION 2509.5 OF THIS
19950H0038B2088 - 63 -
1 ACT TO THAT DISTRICT.
2 (B) THE SCHOOL DISTRICT OF RESIDENCE SHALL MAKE PAYMENTS FOR
3 EACH STUDENT ENROLLED IN A CHARTER SCHOOL PROVIDING INSTRUCTION
4 TO AN EXCEPTIONAL CHILD, AS DEFINED IN SECTION 1371 OF THIS ACT,
5 IN AN AMOUNT EQUAL TO THE PROPORTIONATE SHARE OF THE PAYMENTS
6 RECEIVED BY THE DISTRICT OF RESIDENCE AS PROVIDED IN SECTION
7 2509.5 OF THIS ACT. A CHARTER SCHOOL SHALL ALSO RECEIVE A
8 PROPORTIONATE SHARE OF ANY FEDERAL FUNDING FOR SPECIAL EDUCATION
9 SERVICES FOR EACH EXCEPTIONAL CHILD ENROLLED FROM THE SCHOOL
10 DISTRICT OF RESIDENCE. PAYMENTS SHALL BE MADE TO THE CHARTER
11 SCHOOL IN APPROXIMATELY TWELVE (12) EQUAL MONTHLY PAYMENTS IN
12 THE OPERATING SCHOOL YEAR.
13 (C) IT SHALL BE LAWFUL FOR ANY CHARTER SCHOOL TO RECEIVE,
14 HOLD, MANAGE AND USE, ABSOLUTELY OR IN TRUST, ANY DEVISE,
15 BEQUEST, GRANT, ENDOWMENT, GIFT OR DONATION OF ANY PROPERTY,
16 REAL OR PERSONAL, AND/OR MIXED, WHICH SHALL BE MADE TO THE
17 CHARTER SCHOOL FOR ANY OF THE PURPOSES OF THIS ARTICLE.
18 (D) THE GOVERNING BOARD SHALL HAVE EXCLUSIVE CONTROL AND
19 MANAGEMENT OF THE FUNDS, AS PROVIDED IN SUBSECTIONS (A) THROUGH
20 (C), AND ASSETS OF THE CHARTER SCHOOL AND SHALL HAVE FULL POWER
21 TO INVEST THE SAME, SUBJECT, HOWEVER, TO THE EXERCISE OF THAT
22 DEGREE OF JUDGMENT, SKILL AND CARE UNDER THE CIRCUMSTANCES THEN
23 PREVAILING WHICH PERSONS OF PRUDENCE, DISCRETION AND
24 INTELLIGENCE WHO ARE FAMILIAR WITH SUCH MATTERS EXERCISE IN THE
25 MANAGEMENT OF THEIR OWN AFFAIRS NOT IN REGARD TO SPECULATION,
26 BUT IN REGARD TO THE PERMANENT DISPOSITION OF THE FUNDS,
27 CONSIDERING THE PROBABLE INCOME TO BE DERIVED THEREFROM AS WELL
28 AS THE PROBABLE SAFETY OF THE FUNDS.
29 (E) IT SHALL BE UNLAWFUL FOR ANY MEMBER OF A GOVERNING BOARD
30 OF A CHARTER SCHOOL, OR FOR ANY GOVERNING BOARD OF A CHARTER
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1 SCHOOL, OR FOR ANY OTHER PERSON AFFILIATED IN ANY WAY WITH A
2 CHARTER SCHOOL, TO DEMAND OR REQUEST, DIRECTLY OR INDIRECTLY,
3 ANY GIFT, DONATION OR CONTRIBUTION OF ANY KIND FROM ANY PARENT,
4 TEACHER OR ANY OTHER PERSON AFFILIATED WITH THE CHARTER SCHOOL.
5 (F) NOTHING IN THIS ARTICLE SHALL PROHIBIT A CHARTER SCHOOL
6 FROM SEEKING AND RECEIVING OTHER AIDS, GRANTS AND REVENUES FROM
7 THE FEDERAL, STATE OR LOCAL GOVERNMENT OR FROM ANY OTHER SOURCE.
8 SECTION 1711-A. IMMUNITY.--THE GOVERNING BOARD OF A CHARTER
9 SCHOOL SHALL HAVE THE SAME FORM OF IMMUNITY AS PROVIDED TO A
10 LOCAL AGENCY UNDER 42 PA.C.S. CH. 85 (RELATING TO MATTERS
11 AFFECTING GOVERNMENT UNITS).
12 SECTION 1712-A. REPORTS OF ENROLLMENT.--BY SEPTEMBER 15 OF
13 EACH YEAR, EACH CHARTER SCHOOL SHALL SUBMIT TO THE
14 SUPERINTENDENT OF THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE THE
15 NAMES AND RESIDENCES OF ALL STUDENTS ENROLLED IN AND ATTENDING
16 THE CHARTER SCHOOL. THE CHARTER SCHOOL SHALL NOTIFY THE
17 SUPERINTENDENT OF ANY STUDENT WHO IS NO LONGER ENROLLED IN THE
18 CHARTER SCHOOL WITHIN TEN (10) DAYS OF THE STUDENT'S WITHDRAWAL.
19 SECTION 1713-A. REVIEW OF CHARTER SCHOOL INITIATIVE.--THE
20 SECRETARY SHALL REVIEW THE EDUCATIONAL EFFECTIVENESS OF CHARTER
21 SCHOOLS AUTHORIZED BY THIS ARTICLE AND SHALL REPORT BY JANUARY
22 1, 2001, TO THE GOVERNOR AND THE GENERAL ASSEMBLY ON SUCH
23 REVIEW, INCLUDING ANY RECOMMENDATIONS TO EXPAND, MODIFY OR
24 TERMINATE THIS ARTICLE.
25 SECTION 1714-A. PUBLIC NOTIFICATION AND INFORMATION.--THE
26 GOVERNING BOARD AND THE OPERATION OF A CHARTER SCHOOL SHALL BE
27 SUBJECT TO THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS
28 THE "SUNSHINE ACT," AND TO THE ACT OF JUNE 21, 1957 (P.L.390,
29 NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW.
30 SECTION 1715-A. PLANNING GRANTS.--(A) FOR THE 1995-1996
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1 SCHOOL YEAR, THE SECRETARY SHALL ALLOCATE PLANNING GRANTS TO
2 SCHOOLS, SCHOOL ENTITIES AND PERSONS FROM FUNDS APPROPRIATED FOR
3 THIS PURPOSE. GRANT APPLICATIONS SHALL BE FILED BY A DATE TO BE
4 DETERMINED BY THE SECRETARY. THE AMOUNT OF THE GRANT MAY VARY
5 DEPENDING UPON THE SIZE AND SCOPE OF THE PLANNING NEEDED BY THE
6 APPLICANT.
7 (B) THE APPLICATION SHALL ADDRESS THE MANNER IN WHICH A
8 PERSON PLANS TO ADDRESS THE CRITERIA ESTABLISHED FOR A CHARTER
9 SCHOOL IN SECTIONS 1703-A AND 1704-A OF THIS ACT. GRANTS SHALL
10 BE AWARDED THROUGHOUT THE 1995-1996 SCHOOL YEAR AND MAY BE
11 AWARDED FOR A CHARTER SCHOOL THAT BEGINS OPERATION IN THE 1996-
12 1997 OR 1997-1998 SCHOOL YEAR.
13 SECTION 1716-A. LIMITATION ON BARGAINING AGREEMENTS.--A
14 LOCAL BOARD OF EDUCATION AND THE EMPLOYE ORGANIZATION OF A
15 SCHOOL ENTITY, THE LATTER AS DEFINED IN ARTICLE XI-A OF THIS
16 ACT, ARE PROHIBITED FROM INCLUDING PROVISIONS IN A COLLECTIVE
17 BARGAINING AGREEMENT ADOPTED AFTER THE EFFECTIVE DATE OF THIS
18 ARTICLE WHICH IN ANY WAY LIMITS OR PREVENTS THE ESTABLISHMENT OF
19 A CHARTER SCHOOL. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
20 CONSTRUED TO SUPERSEDE OR PREEMPT ANY PROVISIONS OF A COLLECTIVE
21 BARGAINING AGREEMENT NEGOTIATED BY A SCHOOL ENTITY AND THE
22 EMPLOYE ORGANIZATION THAT IS IN EFFECT ON THE EFFECTIVE DATE OF
23 THIS ARTICLE.
24 SECTION 18. SECTIONS 1913-A(B)(1.4) AND 2503.13 OF THE ACT,
25 AMENDED JUNE 7, 1993 (P.L.49, NO.16), ARE AMENDED TO READ:
26 SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OR
27 PAYMENTS.--* * *
28 (B) * * *
29 (1.4) THE EQUIVALENT FULL-TIME STUDENT REIMBURSEMENT OF A
30 COMMUNITY COLLEGE SHALL BE THE SUM OF CREDIT COURSE, NONCREDIT
19950H0038B2088 - 66 -
1 COURSE AND STIPEND REIMBURSEMENTS. THESE REIMBURSEMENTS SHALL BE
2 CALCULATED USING A REIMBURSEMENT FACTOR OF ONE THOUSAND AND
3 FORTY DOLLARS ($1,040) FOR THE 1993-1994 FISCAL YEAR [AND], OF
4 ONE THOUSAND EIGHTY DOLLARS ($1,080) FOR THE 1994-1995 FISCAL
5 YEAR AND OF ONE THOUSAND ONE HUNDRED EIGHTY DOLLARS ($1,180) FOR
6 THE 1995-1996 FISCAL YEAR AND FOR EACH YEAR THEREAFTER AND SHALL
7 BE DETERMINED AS FOLLOWS:
8 (I) CREDIT COURSE REIMBURSEMENT SHALL BE CALCULATED BY
9 MULTIPLYING THE REIMBURSEMENT FACTOR BY THE NUMBER OF EQUIVALENT
10 FULL-TIME STUDENTS ENROLLED IN CREDIT COURSES AS DETERMINED BY
11 AN AUDIT TO BE MADE IN A MANNER PRESCRIBED BY THE STATE BOARD OF
12 EDUCATION.
13 (II) NONCREDIT COURSE REIMBURSEMENT SHALL BE CALCULATED AS
14 FOLLOWS:
15 (A) EIGHTY PERCENT (80%) OF THE REIMBURSEMENT FACTOR
16 MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
17 ENROLLED IN ELIGIBLE NONCREDIT COURSES FOR THE 1993-1994 FISCAL
18 YEAR, AS DETERMINED BY THE AUDIT REFERRED TO IN PARAGRAPH (I);
19 [OR]
20 (B) SEVENTY PERCENT (70%) OF THE REIMBURSEMENT FACTOR
21 MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
22 ENROLLED IN ELIGIBLE NONCREDIT COURSES FOR THE 1994-1995 FISCAL
23 YEAR AND FOR EACH YEAR THEREAFTER, AS DETERMINED BY THE AUDIT
24 REFERRED TO IN PARAGRAPH (I)[.]; OR
25 (C) ONE HUNDRED PERCENT (100%) OF THE REIMBURSEMENT FACTOR
26 MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
27 ENROLLED IN ELIGIBLE NONCREDIT PUBLIC SAFETY COURSES THAT
28 PROVIDE TRAINING FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY
29 MEDICAL SERVICES FOR THE 1995-1996 FISCAL YEAR AND FOR EACH YEAR
30 THEREAFTER, AS DETERMINED BY THE AUDIT REFERRED TO IN PARAGRAPH
19950H0038B2088 - 67 -
1 (I).
2 (III) STIPEND REIMBURSEMENT ON ACCOUNT OF A COMMUNITY
3 COLLEGE'S OPERATING COSTS FOR ALL EQUIVALENT FULL-TIME STUDENTS
4 ENROLLED IN THE FOLLOWING CATEGORIES OF TWO-YEAR OR LESS THAN
5 TWO-YEAR OCCUPATIONAL OR TECHNICAL PROGRAMS, SHALL BE THE SUM OF
6 THE FOLLOWING:
7 (A) ONE THOUSAND ONE HUNDRED DOLLARS ($1,100) PER FULL-TIME
8 EQUIVALENT STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. FOR
9 THE FISCAL YEAR 1995-1996 AND EACH YEAR THEREAFTER, THE
10 REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND ONE
11 HUNDRED SEVENTY-FIVE DOLLARS ($1,175) PER FULL-TIME EQUIVALENT
12 STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. ADVANCED
13 TECHNOLOGY PROGRAMS ARE PROGRAMS USING NEW OR ADVANCED
14 TECHNOLOGIES WHICH HOLD PROMISE FOR CREATING NEW JOB
15 OPPORTUNITIES, INCLUDING SUCH FIELDS AS ROBOTICS, BIOTECHNOLOGY,
16 SPECIALIZED MATERIALS AND ENGINEERING AND ENGINEERING-RELATED
17 PROGRAMS.
18 (B) ONE THOUSAND DOLLARS ($1,000) PER FULL-TIME EQUIVALENT
19 STUDENT ENROLLED IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS.
20 FOR THE FISCAL YEAR 1995-1996 AND EACH YEAR THEREAFTER, THE
21 REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND SEVENTY-
22 FIVE DOLLARS ($1,075) PER FULL-TIME EQUIVALENT STUDENT ENROLLED
23 IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS. A STATEWIDE
24 PROGRAM IS A PROGRAM WHICH MEETS ONE OR MORE OF THE FOLLOWING
25 CRITERIA:
26 (I) PROGRAM ENROLLMENT FROM OUT-OF-SPONSOR AREA IS TWENTY
27 PER CENT OR MORE OF THE ENROLLMENT FOR THE PROGRAM.
28 (II) A CONSORTIAL ARRANGEMENT EXISTS WITH ANOTHER COMMUNITY
29 COLLEGE TO COOPERATIVELY OPERATE A PROGRAM OR SHARE REGIONS IN
30 ORDER TO AVOID UNNECESSARY PROGRAM DUPLICATION.
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1 (C) FIVE HUNDRED DOLLARS ($500) PER FULL-TIME EQUIVALENT
2 STUDENT ENROLLED IN OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
3 FOR THE FISCAL YEAR 1995-1996 AND EACH YEAR THEREAFTER, THE
4 REIMBURSEMENT RATE SHALL BE CALCULATED AT FIVE HUNDRED SEVENTY-
5 FIVE DOLLARS ($575) PER FULL-TIME EQUIVALENT STUDENT ENROLLED IN
6 OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
7 * * *
8 SECTION 2502.13. SMALL DISTRICT ASSISTANCE.--FOR THE 1984-
9 1985 AND 1985-1986 SCHOOL YEARS, THE COMMONWEALTH SHALL PAY TO
10 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
11 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET
12 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
13 OR GREATER, AN AMOUNT EQUAL TO FIFTY DOLLARS ($50) MULTIPLIED BY
14 THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE 1985-1986
15 SCHOOL YEAR, NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF
16 THIS SECTION THAN IT DID FOR THE 1984-1985 SCHOOL YEAR. FOR THE
17 SCHOOL YEAR 1986-1987, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL
18 DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND
19 FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET VALUE/INCOME AID
20 RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR
21 RECEIVED PAYMENTS UNDER THIS SECTION FOR THE 1985-1986 SCHOOL
22 YEAR, AN AMOUNT EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED
23 BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR
24 1987-1988, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
25 WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE
26 HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF
27 FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
28 PAYMENTS UNDER THIS SECTION FOR THE 1986-1987 SCHOOL YEAR, AN
29 AMOUNT EQUAL TO EIGHTY-FIVE DOLLARS ($85) MULTIPLIED BY THAT
30 DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1988-
19950H0038B2088 - 69 -
1 1989, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
2 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
3 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
4 THOUSAND TEN THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
5 PAYMENTS UNDER THIS SECTION FOR THE 1987-1988 OR 1988-1989
6 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIVE DOLLARS ($105).
7 FOR THE SCHOOL YEAR 1989-1990, THE COMMONWEALTH SHALL PAY TO
8 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
9 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A MARKET
10 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
11 OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR THE
12 1987-1988 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIFTEEN
13 DOLLARS ($115) MULTIPLIED BY THE DISTRICT'S AVERAGE DAILY
14 MEMBERSHIP AS PROVIDED FOR IN SECTION 212 OF THE ACT OF JULY 1,
15 1990 (P.L.1591, NO.7A), KNOWN AS THE "GENERAL APPROPRIATION ACT
16 OF 1990." FOR THE SCHOOL YEAR 1990-1991, THE COMMONWEALTH SHALL
17 PAY TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY
18 MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A
19 MARKET VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS
20 (0.5000) OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR
21 THE PRIOR SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED SEVENTY
22 DOLLARS ($170) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY
23 MEMBERSHIP. FOR THE SCHOOL YEAR 1990-1991, EACH SCHOOL DISTRICT
24 WITH A POPULATION PER SQUARE MILE OF LESS THAN NINETY (90),
25 WHICH OTHERWISE MEETS THE AVERAGE DAILY MEMBERSHIP AND MARKET
26 VALUE/INCOME AID RATIO REQUIREMENTS OF THIS SECTION, OR RECEIVED
27 PAYMENTS UNDER THIS SECTION FOR THE PRIOR SCHOOL YEAR, SHALL
28 INSTEAD RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED NINETY DOLLARS
29 ($190) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP.
30 FOR THE 1987-1988 SCHOOL YEAR THROUGH THE 1990-1991 SCHOOL YEAR,
19950H0038B2088 - 70 -
1 NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF THIS SECTION
2 THAN IT DID FOR THE PRIOR SCHOOL YEAR. FOR THE SCHOOL YEAR 1994-
3 1995, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
4 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
5 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
6 THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, AN AMOUNT EQUAL TO
7 NINETY FIVE DOLLARS ($95) MULTIPLIED BY THAT DISTRICT'S AVERAGE
8 DAILY MEMBERSHIP.
9 SECTION 19. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
10 SECTION 2502.29. BASIC EDUCATION FUNDING.--(A) FOR THE
11 PURPOSES OF THIS SECTION, THE PHRASE "BASE AMOUNT" SHALL MEAN
12 FOR EACH SCHOOL DISTRICT THE AMOUNT OF FUNDS RECEIVED BY THE
13 SCHOOL DISTRICT FOR THE SCHOOL YEAR 1993-1994 PURSUANT TO
14 SECTION 2502.21 OF THIS ACT PLUS THE AMOUNT OF FUNDS RECEIVED BY
15 THE SCHOOL DISTRICT FOR FOUNDATION FUNDING FOR EQUITY FOR SCHOOL
16 YEAR 1993-1994 PURSUANT TO THE ACT OF JUNE 16, 1994 (P.L. ,
17 NO.6A), KNOWN AS THE "GENERAL APPROPRIATION ACT OF 1994," AND
18 ANY SUPPLEMENTS THERETO.
19 (B) (1) FOR 1994-1995, EACH SCHOOL DISTRICT SHALL RECEIVE
20 THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH (2) OR PARAGRAPH (3)
21 OF THIS SUBSECTION, WHICHEVER IS GREATER.
22 (2) THE BASE AMOUNT OF THE DISTRICT DIVIDED BY THE AVERAGE
23 DAILY MEMBERSHIP OF THE DISTRICT DURING THE 1993-1994 SCHOOL
24 YEAR MULTIPLIED BY ONE HUNDRED THREE PER CENTUM (103%)
25 MULTIPLIED BY THE AVERAGE DAILY MEMBERSHIP OF THE DISTRICT
26 DURING THE 1994-1995 SCHOOL YEAR.
27 (3) THE BASE AMOUNT OF THE DISTRICT MULTIPLIED BY ONE
28 HUNDRED ONE PER CENTUM (101%) IF THE MARKET VALUE/INCOME AID
29 RATIO (MV/PIAR) IS LESS THAN FIVE THOUSAND TEN-THOUSANDTHS
30 (0.5000), THE BASE AMOUNT OF THE DISTRICT MULTIPLIED BY ONE
19950H0038B2088 - 71 -
1 HUNDRED TWO PER CENTUM (102%) IF THE MARKET VALUE/INCOME AID
2 RATIO (MV/PIAR) IS GREATER THAN OR EQUAL TO FIVE THOUSAND TEN-
3 THOUSANDTHS (0.5000) AND LESS THAN SEVEN THOUSAND TEN-
4 THOUSANDTHS (0.7000), AND THE BASE AMOUNT OF THE DISTRICT
5 MULTIPLIED BY ONE HUNDRED FOUR PER CENTUM (104%) IF THE MARKET
6 VALUE/INCOME AID RATIO (MV/PIAR) IS GREATER THAN OR EQUAL TO
7 SEVEN THOUSAND TEN-THOUSANDTHS (0.7000).
8 SECTION 20. SECTION 2509.1 OF THE ACT, AMENDED AUGUST 5,
9 1991 (P.L.219, NO.25), JULY 9, 1992 (P.L.392, NO.85) AND JUNE 7,
10 1993 (P.L.49, NO.16), IS AMENDED TO READ:
11 SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--(A)
12 ANNUALLY, BEFORE THE FIRST DAY OF JULY, EVERY INTERMEDIATE UNIT
13 SHALL SUBMIT, FOR PRIOR REVIEW AND APPROVAL BY THE DEPARTMENT OF
14 EDUCATION, AN ESTIMATE OF THE COST FOR TRANSPORTATION OF PUPILS
15 TO AND FROM CLASSES AND SCHOOLS FOR EXCEPTIONAL CHILDREN, AND OF
16 ELIGIBLE YOUNG CHILDREN TO AND FROM EARLY INTERVENTION PROGRAMS,
17 WHETHER OR NOT SUCH CLASSES, SCHOOLS OR PROGRAMS ARE CONDUCTED
18 BY THE INTERMEDIATE UNIT. ON OR BEFORE THE FIRST DAY OF
19 SEPTEMBER, THE COMMONWEALTH SHALL PAY TO THE INTERMEDIATE UNIT A
20 SUM EQUAL TO ONE-HALF OF THE APPROVED ANNUAL COST OF SUCH
21 TRANSPORTATION IN THE PRIOR YEAR AND, ON OR BEFORE THE FIRST DAY
22 OF FEBRUARY, SHALL PAY A SUM EQUAL TO ONE-QUARTER OF THE
23 APPROVED ESTIMATED ANNUAL COST OF SUCH TRANSPORTATION FOR THE
24 CURRENT SCHOOL YEAR, AND ON OR BEFORE JUNE 30, THE COMMONWEALTH
25 SHALL PAY THE REMAINING QUARTER ADJUSTED TO REFLECT ACTUAL
26 APPROVED COST.
27 (B) ON OR BEFORE THE FIRST DAY OF JULY 1991, EVERY
28 INTERMEDIATE UNIT SHALL SUBMIT, FOR PRIOR REVIEW AND APPROVAL BY
29 THE DEPARTMENT OF EDUCATION, AN ESTIMATE OF THE COST OF
30 OPERATING AND ADMINISTERING CLASSES OR SCHOOLS FOR
19950H0038B2088 - 72 -
1 INSTITUTIONALIZED CHILDREN OPERATED BY THE INTERMEDIATE UNIT
2 DURING THE 1990-1991 SCHOOL YEAR. DURING THE 1991-1992 SCHOOL
3 YEAR, THE COMMONWEALTH SHALL PAY EACH INTERMEDIATE UNIT THE
4 APPROVED AMOUNT.
5 (B.1) FOR PROGRAMS OPERATED DURING THE 1992-1993 SCHOOL YEAR
6 [AND EACH SCHOOL YEAR THEREAFTER] AND THE 1993-1994 SCHOOL YEAR,
7 THE COMMONWEALTH SHALL PAY INTERMEDIATE UNITS, BASED ON THEIR
8 COSTS OF OPERATING AND ADMINISTERING CLASSES OR SCHOOLS FOR
9 INSTITUTIONALIZED CHILDREN, AN AMOUNT TO BE DETERMINED BY THE
10 DEPARTMENT OF EDUCATION FOLLOWING REVIEW OF ANNUAL REPORTS OF
11 THE COSTS OF SUCH CLASSES OR SCHOOLS FOR THE IMMEDIATELY
12 PRECEDING YEAR. TO QUALIFY FOR SUCH PAYMENTS, EACH INTERMEDIATE
13 UNIT THAT OPERATES AND ADMINISTERS CLASSES OR SCHOOLS FOR
14 INSTITUTIONALIZED CHILDREN ANNUALLY SHALL SUBMIT TO THE
15 DEPARTMENT OF EDUCATION ON OR BEFORE THE FIRST DAY OF JULY A
16 REPORT OF THE COST OF OPERATING AND ADMINISTERING SUCH CLASSES
17 OR SCHOOLS. NOTWITHSTANDING THE FOREGOING, INTERMEDIATE UNITS
18 MAY SUBMIT THEIR ANNUAL REPORTS FOR THE 1991-1992 SCHOOL YEAR
19 UNTIL JUNE 30, 1993, ALTHOUGH THIS DATE MAY BE EXTENDED AS
20 DEEMED NECESSARY BY THE SECRETARY OF EDUCATION PROVIDED THAT FOR
21 PROGRAMS OPERATED DURING THE 1992-1993 SCHOOL YEAR AND THE 1993-
22 1994 SCHOOL YEAR THE AGGREGATE AMOUNTS PAID ON THIS ACCOUNT
23 SHALL NOT EXCEED TWENTY MILLION SIX HUNDRED THOUSAND DOLLARS
24 ($20,600,000) PER YEAR.
25 (B.2) UP TO TWENTY-ONE MILLION TWO HUNDRED THOUSAND DOLLARS
26 ($21,200,000) MAY BE UTILIZED FOR PROGRAMS OPERATED DURING THE
27 1994-1995 SCHOOL YEAR FOR INSTITUTIONALIZED CHILDREN BY
28 INTERMEDIATE UNITS AS ESTABLISHED IN SECTION 2509.1(B.1).
29 (B.3) UP TO TWENTY-TWO MILLION DOLLARS ($22,000,000) MAY BE
30 UTILIZED FOR PROGRAMS OPERATED DURING THE 1995-1996 SCHOOL YEAR
19950H0038B2088 - 73 -
1 FOR INSTITUTIONALIZED CHILDREN BY INTERMEDIATE UNITS AS
2 ESTABLISHED IN SECTION 2509.1(B.1).
3 (C) FOR THE 1991-1992 SCHOOL YEAR AND EACH SCHOOL YEAR
4 THEREAFTER, FIVE PERCENT (5%) OF THE STATE SPECIAL EDUCATION
5 APPROPRIATION SHALL BE PAID TO THE INTERMEDIATE UNITS ON ACCOUNT
6 OF SPECIAL EDUCATION SERVICES. OF THIS FIVE PERCENT (5%),
7 THIRTY-FIVE PERCENT (35%) SHALL BE DISTRIBUTED EQUALLY AMONG ALL
8 TWENTY-NINE (29) INTERMEDIATE UNITS. THE REMAINING SIXTY-FIVE
9 PERCENT (65%) SHALL BE DISTRIBUTED TO EACH INTERMEDIATE UNIT IN
10 PROPORTION TO THE NUMBER OF AVERAGE DAILY MEMBERSHIP OF THE
11 COMPONENT SCHOOL DISTRICTS OF EACH INTERMEDIATE UNIT AS COMPARED
12 TO THE STATEWIDE TOTAL AVERAGE DAILY MEMBERSHIP.
13 (D) (1) FOR THE 1991-1992 SCHOOL YEAR, EACH INTERMEDIATE
14 UNIT WHICH IS COTERMINOUS TO A SCHOOL DISTRICT OF THE FIRST
15 CLASS OR FIRST CLASS A SHALL BE PAID FIFTY PERCENT (50%) OF THE
16 AMOUNT RECEIVED BY THE INTERMEDIATE UNIT FOR THE COST OF
17 OPERATING AND ADMINISTERING CLASSES OR SCHOOLS FOR [EXCEPTIONAL
18 CHILDREN] CHILDREN WITH EXCEPTIONALITIES, AS APPROVED BY THE
19 DEPARTMENT OF EDUCATION FOR THE 1990-1991 SCHOOL YEAR. FOR THE
20 1991-1992 SCHOOL YEAR, EACH INTERMEDIATE UNIT NOT COTERMINOUS
21 WITH A SCHOOL DISTRICT WHICH OPERATES ALL THE SPECIAL EDUCATION
22 PROGRAMS FOR [HANDICAPPED] CHILDREN WITH DISABILITIES FOR ITS
23 CONSTITUENT SCHOOL DISTRICTS SHALL BE PAID TEN PERCENT (10%) OF
24 THE AMOUNT RECEIVED BY THE INTERMEDIATE UNIT FOR THE COST OF
25 OPERATING AND ADMINISTERING CLASSES OR SCHOOLS FOR [HANDICAPPED]
26 CHILDREN WITH DISABILITIES, AS APPROVED BY THE DEPARTMENT OF
27 EDUCATION FOR THE 1990-1991 SCHOOL YEAR. FOR THE 1992-1993 AND
28 THE 1993-1994 SCHOOL YEARS UP TO AND INCLUDING THE 1994-1995
29 SCHOOL YEAR, EACH INTERMEDIATE UNIT WHICH IS COTERMINOUS TO A
30 SCHOOL DISTRICT OF THE FIRST CLASS OR FIRST CLASS A SHALL BE
19950H0038B2088 - 74 -
1 PAID TWENTY-FIVE PERCENT (25%) OF THE AMOUNT RECEIVED BY THE
2 INTERMEDIATE UNIT FOR THE COST OF OPERATING AND ADMINISTERING
3 CLASSES OR SCHOOLS FOR [EXCEPTIONAL CHILDREN] CHILDREN WITH
4 EXCEPTIONALITIES, AS APPROVED BY THE DEPARTMENT OF EDUCATION FOR
5 THE 1990-1991 SCHOOL YEAR.
6 (2) FOR THE 1995-1996 SCHOOL YEAR, EACH INTERMEDIATE UNIT
7 WHICH IS COTERMINOUS TO A SCHOOL DISTRICT OF THE FIRST CLASS OR
8 FIRST CLASS A SHALL BE PAID A PROPORTIONATE SHARE OF TWENTY-NINE
9 MILLION NINE HUNDRED THOUSAND DOLLARS ($29,900,000) BASED ON THE
10 AMOUNT RECEIVED BY THE INTERMEDIATE UNIT FOR THE COST OF
11 OPERATING AND ADMINISTERING CLASSES OR SCHOOLS FOR CHILDREN WITH
12 EXCEPTIONALITIES, AS APPROVED BY THE DEPARTMENT OF EDUCATION FOR
13 THE 1990-1991 SCHOOL YEAR.
14 (3) FOR THE 1996-1997 SCHOOL YEAR, EACH INTERMEDIATE UNIT
15 WHICH IS COTERMINOUS TO A SCHOOL DISTRICT OF THE FIRST CLASS OR
16 FIRST CLASS A SHALL BE PAID A PROPORTIONATE SHARE OF TWENTY
17 MILLION SIX HUNDRED THOUSAND DOLLARS ($20,600,000) BASED ON THE
18 AMOUNT RECEIVED BY THE INTERMEDIATE UNIT FOR THE COST OF
19 OPERATING AND ADMINISTERING CLASSES OR SCHOOLS FOR CHILDREN WITH
20 EXCEPTIONALITIES, AS APPROVED BY THE DEPARTMENT OF EDUCATION FOR
21 THE 1990-1991 SCHOOL YEAR.
22 (4) FOR THE 1997-1998 SCHOOL YEAR, EACH INTERMEDIATE UNIT
23 WHICH IS COTERMINOUS TO A SCHOOL DISTRICT OF THE FIRST CLASS OR
24 FIRST CLASS A SHALL BE PAID A PROPORTIONATE SHARE OF TEN MILLION
25 THREE HUNDRED THOUSAND DOLLARS ($10,300,000) BASED ON THE AMOUNT
26 RECEIVED BY THE INTERMEDIATE UNIT FOR THE COST OF OPERATING AND
27 ADMINISTERING CLASSES OR SCHOOLS FOR CHILDREN WITH
28 EXCEPTIONALITIES, AS APPROVED BY THE DEPARTMENT OF EDUCATION FOR
29 THE 1990-1991 SCHOOL YEAR.
30 (E) FOR THE 1991-1992 SCHOOL YEAR AND FOR EACH SCHOOL YEAR
19950H0038B2088 - 75 -
1 THEREAFTER, PAYMENTS TO INTERMEDIATE UNITS UNDER THIS SECTION
2 SHALL CONSIST OF AN AMOUNT PAYABLE IN THREE (3) INSTALLMENTS
3 DURING THE SCHOOL YEAR AS FOLLOWS: IN AUGUST, FIFTY PERCENT
4 (50%) OF THE PAYMENTS DUE; IN NOVEMBER, FORTY-FIVE PERCENT (45%)
5 OF THE PAYMENTS DUE; AND ON JUNE 1, THE BALANCE OF THE PAYMENTS
6 DUE.
7 (F) FOR EACH SCHOOL YEAR UP TO AND INCLUDING 1990-1991, FOR
8 EACH CHILD ENROLLED IN ANY SPECIAL CLASS OR SCHOOL FOR
9 EXCEPTIONAL CHILDREN OPERATED BY AN INTERMEDIATE UNIT, THE
10 SCHOOL DISTRICT IN WHICH THE CHILD IS RESIDENT SHALL PAY TO THE
11 COMMONWEALTH A SUM EQUAL TO THE "TUITION CHARGE PER ELEMENTARY
12 PUPIL" OR THE "TUITION CHARGE PER HIGH SCHOOL PUPIL," AS
13 DETERMINED FOR THE SCHOOLS OPERATED BY THE DISTRICT OR BY A
14 JOINT BOARD OF WHICH THE DISTRICT IS A MEMBER, FOR THE SAME YEAR
15 IN WHICH THE SPECIAL CLASS OR SCHOOL IS OPERATED, AS PROVIDED
16 FOR IN SECTION TWO THOUSAND FIVE HUNDRED SIXTY-ONE OF THE ACT TO
17 WHICH THIS IS AN AMENDMENT. IN THE EVENT THAT ANY SCHOOL
18 DISTRICT HAS NOT ESTABLISHED SUCH "TUITION CHARGE PER ELEMENTARY
19 PUPIL" OR "TUITION CHARGE PER HIGH SCHOOL PUPIL," THE SECRETARY
20 OF EDUCATION SHALL FIX A REASONABLE CHARGE FOR SUCH DISTRICT FOR
21 THE YEAR IN QUESTION. EXCEPT THAT FOR THE 1990-1991 SCHOOL YEAR,
22 THE SCHOOL DISTRICT PAYMENT TO THE COMMONWEALTH UNDER THIS
23 SUBSECTION, FOR EACH CHILD ENROLLED IN OTHER THAN INTERMEDIATE
24 UNIT CLASSES OR SCHOOLS FOR INSTITUTIONALIZED CHILDREN, SHALL BE
25 LIMITED TO TWENTY-FIVE PERCENT (25%) OF THE APPLICABLE TUITION
26 CHARGES IN THE CASE OF ALL INTERMEDIATE UNITS. IN ADDITION, THE
27 DISTRICT SHALL PAY ON ACCOUNT OF TRANSPORTATION BY THE
28 INTERMEDIATE UNIT OF PUPILS TO AND FROM CLASSES AND SCHOOLS FOR
29 EXCEPTIONAL CHILDREN, WHETHER OR NOT CONDUCTED BY THE
30 INTERMEDIATE UNIT, AN AMOUNT TO BE DETERMINED BY SUBTRACTING
19950H0038B2088 - 76 -
1 FROM THE COST OF TRANSPORTATION PER PUPIL THE REIMBURSEMENT DUE
2 THE DISTRICT ON ACCOUNT OF SUCH TRANSPORTATION. IN ORDER TO
3 FACILITATE SUCH PAYMENTS BY THE SEVERAL SCHOOL DISTRICTS, THE
4 SECRETARY OF EDUCATION SHALL WITHHOLD FROM ANY MONEYS DUE TO
5 SUCH DISTRICT OUT OF ANY STATE APPROPRIATION, EXCEPT FROM
6 REIMBURSEMENTS DUE ON ACCOUNT OF RENTALS AS PROVIDED IN SECTION
7 TWO THOUSAND FIVE HUNDRED ELEVEN POINT ONE OF THE ACT TO WHICH
8 THIS IS AN AMENDMENT, THE AMOUNTS DUE BY SUCH SCHOOL DISTRICTS
9 TO THE COMMONWEALTH. ALL AMOUNTS SO WITHHELD ARE HEREBY
10 SPECIFICALLY APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR THE
11 SUPPORT OF PUBLIC SCHOOLS.
12 (G) (1) FOR THE 1991-1992 SCHOOL YEAR AND EACH SCHOOL YEAR
13 THEREAFTER, FOR EACH CHILD ENROLLED IN AN INTERMEDIATE UNIT
14 CLASS FOR INSTITUTIONALIZED CHILDREN, THE SCHOOL DISTRICT IN
15 WHICH THE CHILD IS RESIDENT SHALL PAY TO THE COMMONWEALTH A SUM
16 EQUAL TO THE "TUITION CHARGE PER ELEMENTARY PUPIL" OR THE
17 "TUITION CHARGE PER HIGH SCHOOL PUPIL," AS DETERMINED FOR THE
18 SCHOOLS OPERATED BY THE DISTRICT OR BY A JOINT BOARD OF WHICH
19 THE DISTRICT IS A MEMBER, FOR THE SAME YEAR IN WHICH THE CLASS
20 OR SCHOOL IS OPERATED, AS PROVIDED FOR IN SECTION 2561. IN THE
21 EVENT THAT ANY SCHOOL DISTRICT HAS NOT ESTABLISHED SUCH "TUITION
22 CHARGE PER ELEMENTARY PUPIL" OR "TUITION CHARGE PER HIGH SCHOOL
23 PUPIL," THE SECRETARY OF EDUCATION SHALL FIX A REASONABLE CHARGE
24 FOR SUCH DISTRICT FOR THE YEAR IN QUESTION.
25 (2) IN ADDITION, THE DISTRICT SHALL PAY TO THE COMMONWEALTH
26 ON ACCOUNT OF TRANSPORTATION BY THE INTERMEDIATE UNIT OF PUPILS
27 TO AND FROM CLASSES AND SCHOOLS FOR EXCEPTIONAL CHILDREN AND OF
28 ELIGIBLE YOUNG CHILDREN TO AND FROM EARLY INTERVENTION PROGRAMS,
29 WHETHER OR NOT CONDUCTED BY THE INTERMEDIATE UNIT, AN AMOUNT TO
30 BE DETERMINED BY SUBTRACTING FROM THE COST OF TRANSPORTATION PER
19950H0038B2088 - 77 -
1 PUPIL THE REIMBURSEMENT DUE THE DISTRICT ON ACCOUNT OF SUCH
2 TRANSPORTATION.
3 (3) IN ORDER TO FACILITATE SUCH PAYMENTS BY THE SEVERAL
4 SCHOOL DISTRICTS, THE SECRETARY OF EDUCATION SHALL WITHHOLD FROM
5 ANY MONEYS DUE TO SUCH DISTRICTS OUT OF A STATE APPROPRIATION,
6 EXCEPT FROM REIMBURSEMENTS DUE ON ACCOUNT OF RENTALS, THE
7 AMOUNTS DUE BY SUCH SCHOOL DISTRICTS TO THE COMMONWEALTH. ALL
8 AMOUNTS SO WITHHELD ARE HEREBY SPECIFICALLY APPROPRIATED TO THE
9 DEPARTMENT OF EDUCATION FOR THE SUPPORT OF PUBLIC SCHOOLS.
10 SECTION 21. SECTION 2509.3 OF THE ACT, AMENDED JULY 9, 1992
11 (P.L.392, NO.85) AND JULY 9, 1992 (P.L.403, NO.88), IS AMENDED
12 TO READ:
13 SECTION 2509.3. PAYMENTS ON ACCOUNT OF CERTAIN INTERDISTRICT
14 PUBLIC SCHOOL TRANSPORTATION AND TRANSPORTATION OF NONPUBLIC AND
15 CHARTER SCHOOL PUPILS.--EACH SCHOOL DISTRICT, REGARDLESS OF
16 CLASSIFICATION, SHALL BE PAID BY THE COMMONWEALTH THE SUM OF
17 THIRTY-FIVE DOLLARS ($35) FOR EACH NONPUBLIC SCHOOL PUPIL
18 TRANSPORTED IN THE SCHOOL YEAR 1978-1979 THROUGH THE SCHOOL YEAR
19 1983-1984. FOR THE SCHOOL YEAR 1984-1985 THROUGH THE SCHOOL YEAR
20 1989-1990, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF SEVENTY
21 DOLLARS ($70) FOR EACH NONPUBLIC SCHOOL PUPIL TRANSPORTED. FOR
22 THE SCHOOL YEARS 1990-1991 AND 1991-1992, EACH SCHOOL DISTRICT
23 SHALL BE PAID THE SUM OF ONE HUNDRED TWENTY-FOUR DOLLARS ($124)
24 FOR EACH NONPUBLIC SCHOOL PUPIL TRANSPORTED. FOR THE SCHOOL YEAR
25 1992-1993 [AND EACH SCHOOL YEAR THEREAFTER] AND THE 1993-1994
26 SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF ONE
27 HUNDRED FIFTY-NINE DOLLARS ($159) FOR EACH NONPUBLIC SCHOOL
28 PUPIL TRANSPORTED. FOR THE SCHOOL YEAR 1994-1995 AND EACH SCHOOL
29 YEAR THEREAFTER, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF
30 TWO HUNDRED DOLLARS ($200) FOR EACH NONPUBLIC SCHOOL PUPIL
19950H0038B2088 - 78 -
1 TRANSPORTED. FOR THE SCHOOL YEAR 1995-1996 AND EACH SCHOOL YEAR
2 THEREAFTER, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF TWO
3 HUNDRED DOLLARS ($200) FOR EACH PUBLIC SCHOOL PUPIL TRANSPORTED
4 TO A PUBLIC SCHOOL OUTSIDE THE DISTRICT PURSUANT TO SECTION
5 1310.1 AND ARTICLE XVII-A OF THIS ACT.
6 SECTION 22. SECTION 2509.5 OF THE ACT IS AMENDED BY ADDING
7 SUBSECTIONS TO READ:
8 SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL
9 DISTRICTS.--* * *
10 (H) DURING THE 1994-1995 SCHOOL YEAR, EACH SCHOOL DISTRICT
11 SHALL BE PAID:
12 (1) AN AMOUNT TO BE DETERMINED BY MULTIPLYING FIFTEEN
13 PERCENT (15%) OF ITS SCHOOL AGE AVERAGE DAILY MEMBERSHIP BY ONE
14 THOUSAND THIRTY-FIVE DOLLARS ($1,035); AND
15 (2) AN AMOUNT TO BE DETERMINED BY MULTIPLYING ONE PERCENT
16 (1%) OF ITS SCHOOL AGE AVERAGE DAILY MEMBERSHIP BY TWELVE
17 THOUSAND FIVE HUNDRED DOLLARS ($12,500).
18 (I) DURING THE 1995-1996 SCHOOL YEAR, EACH SCHOOL DISTRICT
19 SHALL BE PAID:
20 (1) AN AMOUNT TO BE DETERMINED BY MULTIPLYING FIFTEEN
21 PERCENT (15%) OF ITS SCHOOL AGE AVERAGE DAILY MEMBERSHIP BY ONE
22 THOUSAND FORTY DOLLARS ($1,040); AND
23 (2) AN AMOUNT TO BE DETERMINED BY MULTIPLYING ONE PERCENT
24 (1%) OF ITS SCHOOL AGE AVERAGE DAILY MEMBERSHIP BY THIRTEEN
25 THOUSAND DOLLARS ($13,000).
26 (J) (1) FOR THE 1994-1995 SCHOOL YEAR, UP TO TEN MILLION
27 FIVE HUNDRED THOUSAND DOLLARS ($10,500,000) OF THE FUNDS
28 APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR SPECIAL
29 EDUCATION SHALL PROVIDE SUPPLEMENTAL FUNDING FOR SPECIAL
30 EDUCATION TO SCHOOL DISTRICTS WHICH OPERATE SPECIAL EDUCATION
19950H0038B2088 - 79 -
1 PROGRAMS AND WHOSE NET SPECIAL EDUCATION EXPENDITURE RATE
2 EXCEEDS ONE HUNDRED FIFTY PERCENT (150%) OF THE STATEWIDE
3 SPECIAL EDUCATION EXPENDITURE RATE WITH THE SPECIAL EDUCATION
4 EXPENDITURE RATE BEING DETERMINED BY DIVIDING NET SPECIAL
5 EDUCATION EXPENDITURES BY TOTAL EDUCATION EXPENDITURES AS
6 DETERMINED BY THE SECRETARY OF EDUCATION. SUCH PAYMENTS SHALL BE
7 IN AN AMOUNT TO BE DETERMINED BY THE SECRETARY OF EDUCATION AND
8 SHALL BE MADE PURSUANT TO THE PAYMENT SCHEDULE ESTABLISHED IN
9 SUBSECTION (C).
10 (2) FOR THE 1995-1996 SCHOOL YEAR, UP TO FIVE MILLION TWO
11 HUNDRED FIFTY THOUSAND DOLLARS ($5,250,000) OF THE FUNDS
12 APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR SPECIAL
13 EDUCATION SHALL PROVIDE SUPPLEMENTAL FUNDING PURSUANT TO THIS
14 SUBSECTION AS DETERMINED BY THE SECRETARY OF EDUCATION. SUCH
15 PAYMENTS SHALL BE IN AN AMOUNT EQUAL TO FIFTY PERCENT (50%) OF
16 THE AMOUNTS PAID TO DISTRICTS ELIGIBLE UNDER PARAGRAPH (1)
17 DURING THE 1994-1995 SCHOOL YEAR AND SHALL BE MADE PURSUANT TO
18 THE PAYMENT SCHEDULE ESTABLISHED IN SUBSECTION (C).
19 (3) FOR THE 1996-1997 SCHOOL YEAR, UP TO TWO MILLION SIX
20 HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($2,625,000) OF THE FUNDS
21 APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR SPECIAL
22 EDUCATION SHALL PROVIDE SUPPLEMENTAL FUNDING PURSUANT TO THIS
23 SUBSECTION AS DETERMINED BY THE SECRETARY OF EDUCATION. SUCH
24 PAYMENTS SHALL BE IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT
25 (25%) OF THE AMOUNTS PAID TO DISTRICTS ELIGIBLE UNDER THIS
26 SUBSECTION DURING THE 1994-1995 SCHOOL YEAR AND SHALL BE MADE
27 PURSUANT TO THE PAYMENT SCHEDULE ESTABLISHED IN SUBSECTION (C).
28 SECTION 23. SECTION 2509.8 OF THE ACT, AMENDED JUNE 7, 1993
29 (P.L.49, NO.16), IS AMENDED TO READ:
30 SECTION 2509.8. EXTRAORDINARY SPECIAL EDUCATION PROGRAM
19950H0038B2088 - 80 -
1 EXPENSES.--(A) THE DEPARTMENT OF EDUCATION SHALL, FOR THE 1991-
2 1992 SCHOOL YEAR, THE 1994-1995 SCHOOL YEAR AND EACH SCHOOL YEAR
3 THEREAFTER, SET ASIDE ONE PERCENT (1%) OF THE STATE SPECIAL
4 EDUCATION APPROPRIATION FOR EXTRAORDINARY EXPENSES TO BE
5 INCURRED IN PROVIDING A SPECIAL EDUCATION PROGRAM OR SERVICE TO
6 [AN EXCEPTIONAL STUDENT] ONE OR MORE STUDENTS WITH DISABILITIES
7 AS APPROVED BY THE SECRETARY OF EDUCATION.
8 (B) (1) SUBJECT TO THE LIMITATION IN CLAUSE (2), THE
9 DEPARTMENT OF EDUCATION SHALL, FOR THE 1992-1993 AND 1993-1994
10 SCHOOL YEARS, SET ASIDE TWO PERCENT (2%) OF THE STATE SPECIAL
11 EDUCATION APPROPRIATION FOR EXTRAORDINARY EXPENSES INCURRED IN
12 PROVIDING SPECIAL EDUCATION PROGRAMS OR SERVICES TO ONE OR MORE
13 [EXCEPTIONAL STUDENTS] STUDENTS WITH DISABILITIES AS APPROVED BY
14 THE SECRETARY OF EDUCATION.
15 (2) IN THE 1992-1993 SCHOOL YEAR, ONLY ONE-HALF OF THE TWO
16 PERCENT (2%) SET ASIDE MAY BE EXPENDED IMMEDIATELY, AND THE
17 OTHER ONE-HALF OF THE AMOUNT SET ASIDE SHALL NOT BE EXPENDED
18 UNTIL ALL AUTHORIZED EXPENDITURES UNDER SECTIONS 2509, 2509.1,
19 2509.5, 2509.9 AND 2509.10 HAVE BEEN MADE TO THE QUALIFIED
20 SCHOOL ENTITIES.
21 (C) THE SECRETARY OF EDUCATION SHALL ESTABLISH GUIDELINES
22 FOR THE APPLICATION, APPROVAL, DISTRIBUTION AND EXPENDITURE OF
23 THESE FUNDS AND SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY ON
24 SUCH EXPENDITURES.
25 SECTION 24. SECTION 2541 OF THE ACT, AMENDED NOVEMBER 20,
26 1979 (P.L.465, NO.97), IS AMENDED TO READ:
27 SECTION 2541. PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION.--
28 (A) SCHOOL DISTRICTS SHALL BE PAID BY THE COMMONWEALTH FOR
29 EVERY SCHOOL YEAR ON ACCOUNT OF PUPIL TRANSPORTATION WHICH, AND
30 THE MEANS AND CONTRACTS PROVIDING FOR WHICH, HAVE BEEN APPROVED
19950H0038B2088 - 81 -
1 BY THE DEPARTMENT OF EDUCATION, IN THE CASES HEREINAFTER
2 ENUMERATED, AN AMOUNT TO BE DETERMINED BY MULTIPLYING THE COST
3 OF APPROVED REIMBURSABLE PUPIL TRANSPORTATION INCURRED BY THE
4 DISTRICT BY THE DISTRICT'S AID RATIO. IN ADDITION THERETO, THE
5 COMMONWEALTH SHALL PAY TO EACH DISTRICT QUALIFYING A PAYMENT FOR
6 EXCESSIVE COST OF TRANSPORTATION, SAID AMOUNT TO BE DETERMINED
7 BY SUBTRACTING FROM THE COST OF THE APPROVED REIMBURSABLE
8 TRANSPORTATION THE SUM OF THE COMMONWEALTH TRANSPORTATION
9 PAYMENT IMMEDIATELY ABOVE, PLUS THE PRODUCT OF ONE-HALF MILL
10 (0.0005) TIMES THE LATEST MARKET VALUE OF THE DISTRICT AS
11 DETERMINED BY THE STATE TAX EQUALIZATION BOARD, PROVIDED SUCH
12 AMOUNT IS NOT NEGATIVE. IN ADDITION THERETO, THE COMMONWEALTH
13 SHALL PAY TO SCHOOL DISTRICTS WHICH OWN THEIR OWN VEHICLES, AN
14 ANNUAL DEPRECIATION CHARGE OF TEN PER CENTUM (10%), TO BE
15 CALCULATED ON THE BASIS OF THE APPROVED COST AT WHICH THE
16 DISTRICT ACQUIRED THE VEHICLE FOR WHICH DEPRECIATION IS CLAIMED.
17 WITH RESPECT TO VEHICLES PURCHASED PRIOR TO JANUARY 1, 1956, THE
18 NUMBER OF DEPRECIATION PAYMENTS SHALL BE LIMITED TO TEN SUCH
19 PAYMENTS. WITH RESPECT TO VEHICLES PURCHASED ON OR AFTER JANUARY
20 1, 1956, THE ANNUAL DEPRECIATION CHARGE SHALL NOT EXCEED SEVEN
21 HUNDRED DOLLARS ($700) FOR SUCH VEHICLES. THE NUMBER OF ANNUAL
22 DEPRECIATION CHARGES SHALL BE LIMITED, SO THAT THE TOTAL AMOUNT
23 OF SUCH PAYMENTS SHALL NOT EXCEED THE COST OF THE VEHICLE AS
24 APPROVED BY THE DEPARTMENT OF EDUCATION AT THE TIME OF THE
25 PURCHASE. IN NO CASE SHALL THE COMMONWEALTH PAY, IN DEPRECIATION
26 CHARGES, MORE THAN TEN THOUSAND FIVE HUNDRED DOLLARS ($10,500)
27 FOR ANY ONE VEHICLE.
28 (B) SUCH PAYMENTS FOR PUPIL TRANSPORTATION SHALL BE MADE IN
29 THE FOLLOWING CASES:
30 (1) TO SCHOOL DISTRICTS OF THE FOURTH CLASS AND DISTRICTS OF
19950H0038B2088 - 82 -
1 THE THIRD CLASS WHICH ARE LOCATED WHOLLY WITHIN THE BOUNDARY
2 LINES OF A TOWNSHIP, OR WITHIN THE BOUNDARY LINES OF A BOROUGH
3 WHICH HAS A POPULATION OF LESS THAN FIVE HUNDRED (500)
4 INHABITANTS TO THE SQUARE MILE, TO DISTRICTS OF THE THIRD CLASS
5 OPERATING SCHOOLS JOINTLY WITH DISTRICTS OF THE FOURTH CLASS OR
6 WITH OTHER DISTRICTS OF THE THIRD CLASS ENTITLED TO PAYMENT ON
7 ACCOUNT OF TRANSPORTATION TO MERGED OR UNION SCHOOL DISTRICTS IN
8 WHICH ONE OR MORE OF THE COMPONENT DISTRICTS WERE HERETOFORE
9 ELIGIBLE FOR REIMBURSEMENT ON ACCOUNT OF TRANSPORTATION TO NEW
10 SCHOOL DISTRICTS COMPOSED OF TWO OR MORE FORMER SCHOOL DISTRICTS
11 ESTABLISHED AS A RESULT OF REORGANIZATION OF SCHOOL DISTRICTS
12 PURSUANT TO ARTICLE II., SUBDIVISION (I) OF THIS ACT AND TO
13 SCHOOL DISTRICTS WHICH WERE ELIGIBLE HERETOFORE FOR
14 REIMBURSEMENT ON ACCOUNT OF TRANSPORTATION, FOR THE
15 TRANSPORTATION OF ELEMENTARY SCHOOL PUPILS RESIDING WITHIN ANY
16 PART OF THE DISTRICT LAST SERVED BY ANY ELEMENTARY SCHOOL CLOSED
17 SINCE THE FIRST MONDAY OF JULY, ONE THOUSAND NINE HUNDRED SEVEN,
18 OR WITHIN A DISTRICT ALL OF WHOSE SCHOOLS HAVE BEEN CLOSED, OR
19 WHO ARE ASSIGNED TO A TRAINING SCHOOL OF A STATE COLLEGE, AND IN
20 EACH CASE WHO RESIDE ONE AND ONE-HALF (1 1/2) MILES OR MORE FROM
21 THE SCHOOL TO WHICH THEY ARE ASSIGNED OR WHO RESIDE IN AREAS
22 WHERE THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING
23 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
24 CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF
25 TRANSPORTATION SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS
26 ALONG THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT
27 BE CONTROLLING AND THE DEPARTMENT SHALL CONSIDER ALL RELEVANT
28 SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT
29 WALKING CONSTITUTES A HAZARD TO PUPILS.
30 (2) TO SCHOOL DISTRICTS OF THE FOURTH CLASS AND DISTRICTS OF
19950H0038B2088 - 83 -
1 THE THIRD CLASS WHICH ARE LOCATED WHOLLY WITHIN THE BOUNDARY
2 LINES OF A TOWNSHIP, OR WITHIN THE BOUNDARY LINES OF A BOROUGH
3 WHICH HAS A POPULATION OF LESS THAN FIVE HUNDRED (500)
4 INHABITANTS TO THE SQUARE MILE, TO MERGED OR UNION SCHOOL
5 DISTRICTS IN WHICH ONE OR MORE OF THE COMPONENT DISTRICTS WERE
6 HERETOFORE ELIGIBLE FOR REIMBURSEMENT ON ACCOUNT OF
7 TRANSPORTATION TO NEW SCHOOL DISTRICTS COMPOSED OF TWO OR MORE
8 FORMER SCHOOL DISTRICTS ESTABLISHED AS A RESULT OF
9 REORGANIZATION OF SCHOOL DISTRICTS PURSUANT TO ARTICLE II.,
10 SUBDIVISION (I) OF THIS ACT AND TO SCHOOL DISTRICTS WHICH WERE
11 ELIGIBLE HERETOFORE FOR REIMBURSEMENT ON ACCOUNT OF
12 TRANSPORTATION, FOR THE TRANSPORTATION OF ANY CHILD LIVING MORE
13 THAN TWO (2) MILES BY THE NEAREST PUBLIC HIGHWAY FROM THE
14 NEAREST SCHOOL IN SESSION, OR ANY CHILD WHO RESIDES IN AN AREA
15 WHERE THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING
16 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
17 CERTIFIED BY THE BUREAU OF TRAFFIC SAFETY, AND TO DISTRICTS OF
18 THE THIRD CLASS OPERATING SCHOOLS JOINTLY WITH DISTRICTS OF THE
19 FOURTH CLASS OR WITH OTHER DISTRICTS OF THE THIRD CLASS ENTITLED
20 TO PAYMENT ON ACCOUNT OF TRANSPORTATION FOR THE TRANSPORTATION
21 OF ANY CHILD LIVING MORE THAN TWO (2) MILES BY THE NEAREST
22 PUBLIC HIGHWAY FROM THE NEAREST JOINTLY OPERATED SCHOOL IN
23 SESSION OFFERING THE PROPER GRADES INCLUDING PUPILS WHO ARE
24 ATTENDING AREA TECHNICAL SCHOOLS OR ANY CHILD WHO RESIDES IN AN
25 AREA WHERE THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING
26 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
27 CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF
28 TRANSPORTATION SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS
29 ALONG THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT
30 BE CONTROLLING AND THE DEPARTMENT SHALL CONSIDER ALL RELEVANT
19950H0038B2088 - 84 -
1 SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT
2 WALKING CONSTITUTES A HAZARD TO PUPILS.
3 (3) TO ALL SCHOOL DISTRICTS, FOR THE TRANSPORTATION OF
4 PHYSICALLY OR MENTALLY HANDICAPPED CHILDREN REGULARLY ENROLLED
5 IN SPECIAL CLASSES APPROVED BY THE DEPARTMENT OF EDUCATION OR
6 ENROLLED IN A REGULAR CLASS IN WHICH APPROVED EDUCATIONAL
7 PROVISIONS ARE MADE FOR THEM.
8 (4) TO ALL THIRD AND FOURTH CLASS SCHOOL DISTRICTS, FOR
9 PUPILS TRANSPORTED TO AND FROM APPROVED CONSOLIDATED SCHOOLS OR
10 APPROVED JOINT CONSOLIDATED SCHOOLS LIVING ONE AND ONE-HALF
11 MILES OR MORE FROM THE SCHOOL OF ATTENDANCE OR RESIDING IN AREAS
12 WHERE THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING
13 CONSTITUTES A HAZARD TO THE SAFETY OF THE CHILD WHEN SO
14 CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF
15 TRANSPORTATION SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS
16 ALONG THE HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT
17 BE CONTROLLING AND THE DEPARTMENT SHALL CONSIDER ALL RELEVANT
18 SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT
19 WALKING CONSTITUTES A HAZARD TO PUPILS.
20 CONSOLIDATED SCHOOLS OR JOINT CONSOLIDATED SCHOOLS SHALL SO
21 LONG AS THEY ARE APPROVED BY THE SECRETARY OF EDUCATION AS TO
22 ORGANIZATION, CONTROL, LOCATION, EQUIPMENT, COURSES OF STUDY,
23 QUALIFICATIONS OF TEACHERS, METHODS OF INSTRUCTION, CONDITION OF
24 ADMISSION, EXPENDITURES OF MONEY, METHODS AND MEANS OF
25 TRANSPORTATION AND THE CONTRACTS PROVIDING THEREFOR, CONSTITUTE
26 APPROVED CONSOLIDATED SCHOOLS OR APPROVED JOINT CONSOLIDATED
27 SCHOOLS.
28 (5) TO ALL SCHOOL DISTRICTS, FOR PUPILS TRANSPORTED TO AND
29 FROM SCHOOLS USED FOR THE PURPOSE OF BETTER GRADATION.
30 (6) TO ALL SCHOOL DISTRICTS FOR PUPILS TRANSPORTED TO AND
19950H0038B2088 - 85 -
1 FROM AREA TECHNICAL SCHOOLS.
2 (7) TO ALL SCHOOL DISTRICTS, FOR THE TRANSPORTATION OF
3 NONRESIDENT CHILDREN WHO ARE PLACED IN THE HOME OF A RESIDENT,
4 OR WHO ARE INMATES OF AN ORPHAN ASYLUM OR HOME OR A CHILDREN'S
5 HOME OR OTHER INSTITUTION FOR THE CARE AND TRAINING OF ORPHANS
6 OR OTHER CHILDREN, AND WHO ATTEND THE PUBLIC SCHOOLS, AND WHO
7 LIVE TWO MILES OR MORE FROM THE NEAREST SCHOOL WITH THE PROPER
8 GRADES OR RESIDING IN AREAS WHERE THE ROAD OR TRAFFIC CONDITIONS
9 ARE SUCH THAT WALKING CONSTITUTES A HAZARD TO THE SAFETY OF THE
10 CHILD WHEN SO CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION. THE
11 DEPARTMENT OF TRANSPORTATION SHALL TAKE INTO ACCOUNT THE
12 PRESENCE OF SIDEWALKS ALONG THE HIGHWAY, BUT SUCH PRESENCE OR
13 LACK THEREOF SHALL NOT BE CONTROLLING AND THE DEPARTMENT SHALL
14 CONSIDER ALL RELEVANT SAFETY FACTORS IN MAKING ITS DETERMINATION
15 AS TO WHETHER OR NOT WALKING CONSTITUTES A HAZARD TO PUPILS.
16 (C) PAYMENTS FOR PUPIL TRANSPORTATION ON ACCOUNT OF THE
17 SCHOOL YEAR 1979-1980 AND EVERY SCHOOL YEAR THEREAFTER SHALL BE
18 MADE ONLY IN THE FOLLOWING CASES:
19 (1) TO ALL SCHOOL DISTRICTS FOR THE TRANSPORTATION TO AND
20 FROM SCHOOL OF ELEMENTARY SCHOOL PUPILS, INCLUDING KINDERGARTEN
21 PUPILS, RESIDING ONE AND ONE-HALF (1 1/2) MILES OR MORE BY THE
22 NEAREST PUBLIC HIGHWAY FROM THE SCHOOL IN WHICH THE PUPILS ARE
23 ENROLLED AND TO WHICH TRANSPORTATION IS AUTHORIZED UNDER SECTION
24 1361 OF THIS ACT OR RESIDING IN AREAS WHERE THE ROAD OR TRAFFIC
25 CONDITIONS ARE SUCH THAT WALKING CONSTITUTES A HAZARD TO THE
26 SAFETY OF THE CHILD WHEN SO CERTIFIED BY THE DEPARTMENT OF
27 TRANSPORTATION. THE DEPARTMENT OF TRANSPORTATION SHALL TAKE INTO
28 ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE HIGHWAY, BUT SUCH
29 PRESENCE OR LACK THEREOF SHALL NOT BE CONTROLLING AND THE
30 DEPARTMENT SHALL CONSIDER ALL RELEVANT SAFETY FACTORS IN MAKING
19950H0038B2088 - 86 -
1 ITS DETERMINATION AS TO WHETHER OR NOT WALKING CONSTITUTES A
2 HAZARD TO PUPILS. SUCH ELEMENTARY SCHOOL PUPILS SHALL INCLUDE
3 NONRESIDENT CHILDREN WHO ARE PLACED IN THE HOME OF A RESIDENT,
4 OR WHO ARE RESIDENTS OF AN ORPHANAGE, OR HOME OR CHILDREN'S HOME
5 OR OTHER INSTITUTION FOR THE CARE AND TRAINING OF ORPHANS OR
6 OTHER CHILDREN.
7 (2) TO ALL SCHOOL DISTRICTS FOR THE TRANSPORTATION TO AND
8 FROM SCHOOL OF SECONDARY SCHOOL PUPILS RESIDING TWO (2) MILES OR
9 MORE BY THE NEAREST PUBLIC HIGHWAY FROM THE SCHOOL IN WHICH THE
10 PUPILS ARE ENROLLED AND TO WHICH TRANSPORTATION IS AUTHORIZED
11 UNDER SECTION 1361 OF THIS ACT OR RESIDING IN AREAS WHERE THE
12 ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING CONSTITUTES A
13 HAZARD TO THE SAFETY OF THE CHILD WHEN SO CERTIFIED BY THE
14 DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF TRANSPORTATION
15 SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE
16 HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT BE
17 CONTROLLING AND THE DEPARTMENT SHALL CONSIDER ALL RELEVANT
18 SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT
19 WALKING CONSTITUTES A HAZARD TO PUPILS. SUCH SECONDARY SCHOOL
20 PUPILS SHALL INCLUDE NONRESIDENT CHILDREN WHO ARE PLACED IN THE
21 HOME OF A RESIDENT, OR WHO ARE INMATES OF AN ORPHAN ASYLUM OR
22 HOME OR CHILDREN'S HOME OR OTHER INSTITUTION FOR THE CARE AND
23 TRAINING OF ORPHANS OR OTHER CHILDREN.
24 (3) TO ALL SCHOOL DISTRICTS FOR PUPILS TRANSPORTED TO AND
25 FROM APPROVED CONSOLIDATED SCHOOLS OR APPROVED JOINT
26 CONSOLIDATED SCHOOLS LIVING ONE AND ONE-HALF (1 1/2) MILES OR
27 MORE FROM THE SCHOOL OF ATTENDANCE OR RESIDING IN AREAS WHERE
28 THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT WALKING CONSTITUTES
29 A HAZARD TO THE SAFETY OF THE CHILD WHEN SO CERTIFIED BY THE
30 DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT OF TRANSPORTATION
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1 SHALL TAKE INTO ACCOUNT THE PRESENCE OF SIDEWALKS ALONG THE
2 HIGHWAY, BUT SUCH PRESENCE OR LACK THEREOF SHALL NOT BE
3 CONTROLLING AND THE DEPARTMENT SHALL CONSIDER ALL RELEVANT
4 SAFETY FACTORS IN MAKING ITS DETERMINATION AS TO WHETHER OR NOT
5 WALKING CONSTITUTES A HAZARD TO PUPILS.
6 CONSOLIDATED SCHOOLS OR JOINT CONSOLIDATED SCHOOLS SHALL SO
7 LONG AS THEY ARE APPROVED AS TO ORGANIZATION, CONTROL, LOCATION,
8 EQUIPMENT, COURSES OF STUDY, QUALIFICATIONS OF TEACHERS, METHODS
9 OF INSTRUCTION, CONDITION OF ADMISSION, EXPENDITURES OF MONEY,
10 METHODS AND MEANS OF TRANSPORTATION AND THE CONTRACTS PROVIDING
11 THEREFOR, CONSTITUTE APPROVED CONSOLIDATED SCHOOLS OR APPROVED
12 JOINT CONSOLIDATED SCHOOLS.
13 (4) TO ALL SCHOOL DISTRICTS FOR THE TRANSPORTATION OF
14 EXCEPTIONAL CHILDREN REGULARLY ENROLLED IN SPECIAL CLASSES
15 APPROVED BY THE DEPARTMENT OF EDUCATION OR ENROLLED IN A REGULAR
16 CLASS IN WHICH APPROVED EDUCATIONAL PROVISIONS ARE MADE FOR
17 THEM.
18 (5) TO ALL SCHOOL DISTRICTS FOR PUPILS TRANSPORTED TO AND
19 FROM AREA TECHNICAL SCHOOLS.
20 (D) THE COMMONWEALTH SHALL REIMBURSE THE SCHOOL DISTRICTS
21 FOR THE SCHOOL YEAR 1973-1974 AND FOR EACH YEAR THEREAFTER FOR
22 THE APPROVED REIMBURSABLE COSTS INCURRED IN PROVIDING
23 TRANSPORTATION UNDER SECTION 1361 FOR STUDENTS ATTENDING A
24 PUBLIC SCHOOL OUTSIDE OF THEIR DISTRICT OF RESIDENCE PURSUANT TO
25 SECTION 1310.1 OF THIS ACT, FOR STUDENTS ATTENDING A CHARTER
26 SCHOOL AND FOR NONPUBLIC SCHOOL PUPILS AND UNDER SECTION 1362
27 FOR HAZARDOUS CONDITIONS: PROVIDED, HOWEVER, THAT NO DISTRICT
28 SHALL RECEIVE LESS THAN FIFTY PERCENT (50%) OF SUCH APPROVED
29 REIMBURSABLE COSTS.
30 SECTION 25. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
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1 SECTION 2598. DISTANCE LEARNING GRANTS.--(A) THE SECRETARY
2 OF EDUCATION SHALL ALLOCATE GRANTS FOR DISTANCE LEARNING TO
3 SCHOOL ENTITIES FROM FUNDS APPROPRIATED FOR THIS PURPOSE. THE
4 AMOUNT OF A GRANT MAY VARY DEPENDING ON THE NEEDS OF THE
5 APPLICANTS. GRANTS SHALL BE DIRECTED TOWARD RURAL SCHOOL
6 ENTITIES AND OTHER SCHOOL ENTITIES DEMONSTRATING FINANCIAL NEED
7 BASED ON THE WEALTH AND FISCAL CONDITION OF THE DISTRICT.
8 (B) AN APPLICATION FOR A GRANT SHALL ADDRESS THE MANNER IN
9 WHICH A SCHOOL ENTITY SHALL ENHANCE INSTRUCTIONAL PROGRAMMING
10 FOR STUDENTS THROUGH DISTANCE LEARNING.
11 (C) AS USED IN THIS SECTION, THE TERM "SCHOOL ENTITY" MEANS
12 A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT SCHOOL OR AREA
13 VOCATIONAL-TECHNICAL SCHOOL.
14 SECTION 26. (A) EXCEPT AS PROVIDED IN ARTICLE XVII-A OR IN
15 A CHARTER, NO STATE STATUTE OR REGULATION PROMULGATED PURSUANT
16 TO A STATE STATUTE ENACTED AFTER THE EFFECTIVE DATE OF THIS ACT
17 SHALL BE APPLICABLE TO A CHARTER SCHOOL UNLESS THE APPLICABILITY
18 OF THE STATUTE TO CHARTER SCHOOLS IS UNAMBIGUOUS IN THE TEXT OF
19 THE STATUTE.
20 (B) NOTWITHSTANDING ANY PROVISIONS OF THIS ACT TO THE
21 CONTRARY, CREATION, OPERATION AND TERMINATION OF CHARTER SCHOOLS
22 AUTHORIZED BY ARTICLE XVII-A SHALL NOT BE SUBJECT TO REVIEW,
23 REGULATION OR APPROVAL BY THE STATE BOARD OF EDUCATION.
24 SECTION 27. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY
25 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
26 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
27 OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN
28 EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
29 SECTION 28. THIS ACT SHALL APPLY AS FOLLOWS:
30 (1) THE AMENDMENT OR ADDITION OF SECTIONS 522 AND 1166.1
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1 OF THE ACT SHALL APPLY ONLY TO ANY BARGAINING AGREEMENT
2 ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT.
3 (2) THE AMENDMENT OR ADDITION OF SECTIONS 1310, 1310.1,
4 1361, 2509.3 AND 2541 OF THE ACT SHALL APPLY TO ALL SCHOOL
5 TERMS OR PROGRAMS COMMENCING ON OR AFTER AUGUST 15, 1995.
6 WHERE APPLICABLE, BARGAINING AGREEMENTS WHICH WERE ENTERED
7 INTO PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE
8 TO BE ENFORCED IN ACCORDANCE WITH SECTIONS 1166 THROUGH 1171
9 OF THE ACT WHICH WERE IN EFFECT PRIOR TO THE EFFECTIVE DATE
10 OF THIS ACT UNTIL SUCH AGREEMENTS EXPIRE.
11 SECTION 29. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
12 (1) THE ADDITION OF SECTION 1317.2 AND ARTICLE XIII-A OF
13 THE ACT SHALL TAKE EFFECT IN 90 DAYS.
14 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
15 IMMEDIATELY.
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