SENATE AMENDED
PRIOR PRINTER'S NOS. 666, 1975, 2227, 2262 PRINTER'S NO. 3396
No. 601 Session of 1997
INTRODUCED BY LYNCH, HUTCHINSON, McILHATTAN, SURRA, SCRIMENTI,
BATTISTO, ITKIN, ARGALL, STEELMAN, TRELLO, HENNESSEY,
SEYFERT, ROBERTS, COWELL AND BELFANTI, FEBRUARY 13, 1997
SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED,
APRIL 20, 1998
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," FURTHER PROVIDING FOR AUXILIARY <--
6 SERVICES; AND providing for community education councils, for <--
7 powers and duties of community education councils, for
8 maximum class sizes in certain classrooms; and making
9 appropriations. COUNCILS. <--
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
13 as the Public School Code of 1949, is amended by adding an
14 article to read:
15 ARTICLE XIX-D.
16 COMMUNITY EDUCATION COUNCIL.
17 Section 1901-D. Declaration of policy.--It is the intent of
18 the General Assembly, through this article, to provide for
19 postsecondary education services in educationally underserved
20 areas of this Commonwealth through the creation of community
1 education councils. In light of the increasing emphasis on
2 advanced degrees and retraining in the work force, this article
3 seeks to provide access to postsecondary educational
4 opportunities that are appropriate to the needs of the local
5 community. The councils will assess the regional needs and
6 interests of potential students as well as those of employers in
7 the community.
8 Section 1902-D. Definitions.--For purposes of this article:
9 (1) "Community education council." A nonprofit
10 institutionally neutral educational organization, governed by a
11 community-based board of directors, which serves to provide
12 access to post-secondary education and training resources for
13 citizens in educationally underserved areas of this
14 Commonwealth.
15 (2) "Educationally underserved area." An area designated by
16 the Secretary of Education of the Commonwealth as an adult
17 education, continuing education and/or post-secondary education
18 shortage area using criteria which take into account special
19 barriers to the provision of education services.
20 (3) "Institutionally neutral." Having no exclusive legal
21 affiliation with any provider of post-secondary education or a
22 branch campus, branch location or outreach center of a provider
23 of postsecondary education.
24 (4) "Post-secondary education resources." The term
25 includes, but is not limited to, area vocational-technical
26 schools, degree-granting institutions of higher education
27 accredited by an accrediting agency recognized by the Federal
28 Government, institutions licensed under the act of December 15,
29 1986 (P.L.1585, No.174), known as the "Private Licensed Schools
30 Act", professional, vocational or occupational certification or
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1 licensure programs, and educational technology.
2 (5) "Secretary." The Secretary of Education of the
3 Commonwealth.
4 Section 1903-D. Recognition and Approval of Community
5 Education Councils; Withdrawal of Recognition and Approval.--(a)
6 The secretary shall establish procedures and criteria for
7 formally recognizing existing community education councils under
8 this article. The secretary shall also establish procedures and
9 criteria for the assessment of community need and approval of
10 additional councils, such approval to be conditioned upon the
11 appropriation of additional State funding necessary for those
12 new councils.
13 (b) The secretary shall also establish procedures for
14 withdrawing formal recognition and approval of any council
15 covered by subsection (a).
16 (c) Withdrawal of recognition and approval of a council
17 shall last until expiration of the Commonwealth's current fiscal
18 year, after which time the secretary may reconsider the council
19 for inclusion in the State allocation of funds. If funds have
20 been allocated for the current fiscal year, a council whose
21 recognition and approval subsequently have been withdrawn shall
22 return the proportionate share of annual allocations to the
23 secretary for the remainder of the fiscal year.
24 Section 1904-D. State Funds.--(a) (1) The secretary, upon
25 consultation with approved councils, shall be responsible for
26 the allocation of State funding among community education
27 councils approved under this article.
28 (2) The allocation may not exceed eighty per centum (80%) of
29 the council's projected total expenditures for the fiscal year
30 of allocation.
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1 (b) Community education councils shall use allocated State
2 funds to meet the cost of operation, including, but not limited
3 to, personnel, rent, utilities, insurance, supplies, equipment
4 and technology needs, staff development, marketing, maintenance
5 and instructional services.
6 Section 1905-D. Purpose of Community Education Council.--(a)
7 The purpose of a community education council shall be to
8 identify, implement and oversee new or innovative efforts to
9 provide access to post-secondary education opportunities in
10 educationally underserved communities within this Commonwealth.
11 (b) Post-secondary educational opportunities may include,
12 but are not limited to, any of the following:
13 (1) Programs, courses or classes leading to professional,
14 vocational or occupational certification or licensure, an
15 associate degree, a bachelor's degree or a master's degree.
16 (2) GED preparation.
17 (3) Skill development or skill enhancement for the community
18 work force.
19 (c) A second function of a community education council shall
20 be to assist in the provision of resources and to serve as a
21 vehicle for employment opportunities which meet the community's
22 current and future economic development needs.
23 Section 1906-D. Board of Directors.--(a) The policies of
24 any community education council established under this article
25 shall be administered and supervised by a community-based board
26 of directors.
27 (b) The board of directors shall, for purposes of operating
28 and maintaining a community education council, have the
29 following powers and duties:
30 (1) To hold, rent, lease, sell, purchase and improve
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1 buildings, furnishings, equipment, materials, books and
2 supplies.
3 (2) To enter into contracts or agreements for services with
4 post-secondary institutions, other educational providers or
5 local government agencies in order to carry out the intent and
6 purposes of this article.
7 (3) To accept and receive gifts of real and personal
8 property.
9 (4) To apply for Federal, State and local funds and grants
10 and to expend funds obtained from these sources.
11 (5) To determine the needs and aspirations of potential
12 students and employers in the community.
13 (6) To make policies providing for identification of
14 students, programs, courses or classes to be offered and any
15 other matters related to administration of the community
16 education council.
17 (7) To hire employes to conduct the day-to-day operations
18 and carry out the policy of the board.
19 (8) To exercise such other powers and perform such other
20 duties as are necessary to effect the intent and purposes of
21 this article.
22 Section 2. The act is amended by adding a section to read:
23 Section 2115. Maximum Class Size.--(a) No classroom in any
24 public school district shall exceed the maximum class size for
25 the grade levels and after the implementation dates set forth in
26 this section. Except as otherwise provided in this section, the
27 maximum class sizes shall be as follows:
28 Grade Maximum Class Implementation
29 Level Size Date
30 Kindergarten 20 July 1, 1998
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1 First grade 20 July 1, 1999
2 Second grade 20 July 1, 2000
3 Third grade 20 July 1, 2001
4 (b) This section shall not apply to special education
5 classes established and operated pursuant to 22 Pa. Code Pt. 1
6 Subpt. A Ch. 14 (relating to special education services and
7 programs) and Pt. XVI Ch. 342 (relating to special education
8 services and programs). Any other special education classes
9 shall utilize a maximum class size that the State Board of
10 Education deems appropriate for the specific nature or special
11 needs of the students being instructed in those special
12 education classes.
13 (c) The maximum class sizes set forth in subsection (a)
14 shall not apply in instrumental or vocal music classes, or
15 similar classes, unless the effectiveness of the instructional
16 program in those classes would be impaired.
17 (d) (1) No school district shall utilize split-grade
18 classes in order to comply with this section, unless the board
19 of education for the district gives its prior approval.
20 (2) This section shall not prohibit a school district from
21 utilizing transitional, ungraded or unstructured classes.
22 (3) All additional costs incurred by school districts shall
23 be reimbursed from State funds appropriated for this purpose
24 during the school year during which such costs are incurred.
25 Section 3. (a) The sum of $550,000 is hereby appropriated
26 to the Department of Education for the fiscal year July 1, 1997,
27 to June 30, 1998, for the purposes of implementing the community
28 education councils' portion of this act.
29 (b) The sum of $20,000,000, or as much thereof as may be
30 necessary, is hereby appropriated to the Department of Education
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1 for the fiscal year July 1, 1997, to June 30, 1998, for grants
2 to school districts for the purchase of textbooks. Payments to
3 school districts shall be derived by multiplying the school
4 district's average daily membership by the product of 21.25
5 times the school district's market value personal income aid
6 ratio. The Department of Education shall require that school
7 districts provide an equitable share of the grant to the area
8 vocational-technical schools which their students attend.
9 Section 4. This act shall take effect immediately.
10 SECTION 1. SECTION 922.1-A(C) OF THE ACT OF MARCH 10, 1949 <--
11 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED
12 AUGUST 1, 1975 (P.L.180, NO.89), IS AMENDED TO READ:
13 SECTION 922.1-A. AUXILIARY SERVICES.--* * *
14 (C) PROGRAM OF AUXILIARY SERVICES. STUDENTS ATTENDING
15 NONPUBLIC SCHOOLS SHALL BE FURNISHED A PROGRAM OF AUXILIARY
16 SERVICES WHICH ARE PROVIDED TO PUBLIC SCHOOL STUDENTS IN THE
17 SCHOOL DISTRICT IN WHICH THEIR NONPUBLIC SCHOOL IS LOCATED. THE
18 PROGRAM OF AUXILIARY SERVICES SHALL BE PROVIDED BY THE
19 INTERMEDIATE UNIT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED, IN
20 ACCORDANCE WITH STANDARDS OF THE SECRETARY OF EDUCATION. SUCH
21 SERVICES SHALL BE PROVIDED DIRECTLY TO THE NONPUBLIC SCHOOL
22 STUDENTS BY THE INTERMEDIATE UNIT [EXCEPT THAT SUCH SERVICES
23 SHALL NOT BE PROVIDED IN A CHURCH OR IN ANY FACILITY UNDER THE
24 CONTROL OF A SECTARIAN SCHOOL] IN THE SCHOOLS WHICH THE STUDENTS
25 ATTEND, IN MOBILE INSTRUCTIONAL UNITS LOCATED ON THE GROUNDS OF
26 SUCH SCHOOLS OR IN ANY ALTERNATIVE SETTING MUTUALLY AGREED UPON
27 BY THE SCHOOL AND THE INTERMEDIATE UNIT, TO THE EXTENT PERMITTED
28 BY THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF
29 THE COMMONWEALTH OF PENNSYLVANIA.
30 SUCH AUXILIARY SERVICES SHALL BE PROVIDED DIRECTLY BY THE
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1 INTERMEDIATE UNITS AND NO AUXILIARY SERVICES PRESENTLY PROVIDED
2 TO PUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE UNITS AND/OR
3 SCHOOL DISTRICTS BY MEANS OF STATE OR LOCAL REVENUES, DURING THE
4 SCHOOL YEAR 1974-1975, SHALL BE ELIMINATED. NO SCHOOL DISTRICTS
5 SHALL BE REQUIRED, PURSUANT TO ANY SECTION OF THIS ACT, TO OFFER
6 AUXILIARY SERVICES PROVIDED BY ANY OTHER SCHOOL DISTRICTS WITHIN
7 SUCH INTERMEDIATE UNITS.
8 * * *
9 SECTION 2. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
10 ARTICLE XIX-D.
11 COMMUNITY EDUCATION COUNCILS.
12 SECTION 1901-D. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE:
13 (1) "COMMUNITY EDUCATION COUNCIL" OR "CEC." A NONPROFIT
14 EDUCATIONAL ORGANIZATION, GOVERNED BY A COMMUNITY-BASED BOARD OF
15 DIRECTORS, WHICH SERVES TO PROVIDE ACCESS TO POST-SECONDARY
16 EDUCATION AND TRAINING RESOURCES FOR CITIZENS IN EDUCATIONALLY
17 UNDERSERVED AREAS OF THIS COMMONWEALTH.
18 (2) "EDUCATIONALLY UNDERSERVED AREA." AN AREA DESIGNATED BY
19 THE SECRETARY OF EDUCATION OF THE COMMONWEALTH AS AN ADULT
20 EDUCATION, CONTINUING EDUCATION AND/OR POST-SECONDARY EDUCATION
21 SHORTAGE AREA USING CRITERIA WHICH TAKE INTO ACCOUNT SPECIAL
22 BARRIERS TO THE PROVISION OF EDUCATION SERVICES.
23 (3) "POST-SECONDARY EDUCATION RESOURCES." THE TERM
24 INCLUDES, BUT IS NOT LIMITED TO, AREA VOCATIONAL-TECHNICAL
25 SCHOOLS, DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION
26 ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY THE FEDERAL
27 GOVERNMENT, INSTITUTIONS LICENSED UNDER THE ACT OF DECEMBER 15,
28 1986 (P.L.1585, NO.174), KNOWN AS THE "PRIVATE LICENSED SCHOOLS
29 ACT", PROFESSIONAL, VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR
30 LICENSURE PROGRAMS, AND EDUCATIONAL TECHNOLOGY.
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1 (4) "SECRETARY." THE SECRETARY OF EDUCATION OF THE
2 COMMONWEALTH.
3 SECTION 1902-D. POWERS AND DUTIES OF COMMUNITY EDUCATION
4 COUNCIL.--(A) COMMUNITY EDUCATION COUNCILS SHALL IDENTIFY,
5 IMPLEMENT AND OVERSEE NEW OR INNOVATIVE EFFORTS TO PROVIDE
6 ACCESS TO POST-SECONDARY EDUCATION OPPORTUNITIES IN
7 EDUCATIONALLY UNDERSERVED COMMUNITIES WITHIN THIS COMMONWEALTH.
8 (B) POST-SECONDARY EDUCATIONAL OPPORTUNITIES MAY INCLUDE,
9 BUT ARE NOT LIMITED TO, ANY OF THE FOLLOWING:
10 (1) PROGRAMS, COURSES OR CLASSES LEADING TO PROFESSIONAL,
11 VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR LICENSURE, AN
12 ASSOCIATE DEGREE, A BACHELOR'S DEGREE OR A MASTER'S DEGREE.
13 (2) GED PREPARATION.
14 (3) SKILL DEVELOPMENT OR SKILL ENHANCEMENT FOR THE COMMUNITY
15 WORK FORCE.
16 (4) CUSTOMIZED JOB TRAINING FOR COMMUNITY EMPLOYERS.
17 (C) COMMUNITY EDUCATION COUNCILS SHALL ALSO ASSIST IN THE
18 PROVISION OF RESOURCES AND SERVE AS A VEHICLE FOR EMPLOYMENT
19 OPPORTUNITIES WHICH MEET THE COMMUNITY'S CURRENT AND FUTURE
20 ECONOMIC DEVELOPMENT NEEDS.
21 SECTION 1903-D. POWERS AND DUTIES OF BOARD OF DIRECTORS.--
22 (A) A COMMUNITY EDUCATION COUNCIL ESTABLISHED UNDER THIS
23 ARTICLE SHALL BE ADMINISTERED AND SUPERVISED BY A COMMUNITY-
24 BASED BOARD OF DIRECTORS.
25 (B) THE BOARD OF DIRECTORS SHALL, FOR PURPOSES OF OPERATING
26 AND MAINTAINING A COMMUNITY EDUCATION COUNCIL, HAVE THE
27 FOLLOWING POWERS AND DUTIES:
28 (1) TO HOLD, RENT, LEASE, SELL, PURCHASE AND IMPROVE
29 BUILDINGS, FURNISHINGS, EQUIPMENT, MATERIALS, BOOKS AND
30 SUPPLIES.
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1 (2) TO ENTER INTO CONTRACTS OR AGREEMENTS FOR SERVICES WITH
2 POST-SECONDARY INSTITUTIONS, OTHER EDUCATIONAL PROVIDERS OR
3 LOCAL GOVERNMENT AGENCIES IN ORDER TO CARRY OUT THE INTENT AND
4 PURPOSES OF THIS ARTICLE.
5 (3) TO ACCEPT AND RECEIVE GIFTS OF REAL AND PERSONAL
6 PROPERTY.
7 (4) TO APPLY FOR FEDERAL, STATE AND LOCAL FUNDS AND GRANTS
8 AND TO EXPEND FUNDS OBTAINED FROM THESE SOURCES.
9 (5) TO DETERMINE THE NEEDS AND ASPIRATIONS OF POTENTIAL
10 STUDENTS AND EMPLOYERS IN THE COMMUNITY.
11 (6) TO MAKE POLICIES PROVIDING FOR IDENTIFICATION OF
12 STUDENTS, PROGRAMS, COURSES OR CLASSES TO BE OFFERED AND ANY
13 OTHER MATTERS RELATED TO ADMINISTRATION OF THE COMMUNITY
14 EDUCATION COUNCIL.
15 (7) TO HIRE EMPLOYES TO CONDUCT THE DAY-TO-DAY OPERATIONS
16 AND CARRY OUT THE POLICY OF THE BOARD.
17 (8) TO EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER
18 DUTIES AS ARE NECESSARY TO EFFECT THE INTENT AND PURPOSES OF
19 THIS ARTICLE. NOTHING IN THIS ACT SHALL AUTHORIZE ANY DEGREE-
20 GRANTING.
21 SECTION 1904-D. STATE GRANTS.--THE SECRETARY MAY AWARD
22 GRANTS TO ELIGIBLE COMMUNITY EDUCATION COUNCILS TO ASSIST THEM
23 IN PROVIDING INDIVIDUALS AND EMPLOYERS IN EDUCATIONALLY
24 UNDERSERVED COMMUNITIES IN THIS COMMONWEALTH WITH ACCESS TO
25 POST-SECONDARY EDUCATION OPPORTUNITIES. GRANTS MADE UNDER THIS
26 SECTION SHALL BE MADE FROM AND LIMITED TO FUNDS APPROPRIATED FOR
27 THIS PURPOSE. THE SECRETARY SHALL ESTABLISH ELIGIBILITY CRITERIA
28 WHICH COMMUNITY EDUCATION COUNCILS MUST ANNUALLY MEET IN ORDER
29 TO QUALIFY FOR ASSISTANCE UNDER THIS ARTICLE. HOWEVER, THOSE
30 COMMUNITY EDUCATION COUNCILS RECEIVING STATE ASSISTANCE DURING
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1 THE 1997-1998 FISCAL YEAR SHALL BE DEEMED TO MEET THE
2 QUALIFICATIONS FOR FINANCIAL ASSISTANCE UNDER THIS ARTICLE.
3 PRIORITY FOR FINANCIAL ASSISTANCE DURING THE FIRST FISCAL YEAR
4 IN WHICH THIS ARTICLE BECOMES EFFECTIVE SHALL BE GIVEN TO THOSE
5 COMMUNITY EDUCATION COUNCILS, INCLUDING, BUT NOT LIMITED TO, THE
6 FOUNDATIONS SERVING BEDFORD AND SOMERSET COUNTIES, THAT RECEIVED
7 STATE ASSISTANCE DURING 1997-1998.
8 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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