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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 429, 1144, 3294          PRINTER'S NO. 4168

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 412 Session of 2001


        INTRODUCED BY KAISER, PERZEL, DeWEESE, GEORGE, ARMSTRONG,
           CAPPABIANCA, YOUNGBLOOD, GORDNER, DERMODY, MELIO, BELARDI,
           ALLEN, READSHAW, CORRIGAN, ORIE, MANDERINO, FAIRCHILD,
           DeLUCA, MANN, LAUGHLIN, SOLOBAY, BELFANTI, WOGAN, GRUITZA,
           TIGUE, PETRONE, TRICH, STABACK, WOJNAROSKI, HENNESSEY,
           MARKOSEK, BISHOP, PISTELLA, YUDICHAK, TANGRETTI,
           E. Z. TAYLOR, HARHAI, MICHLOVIC, CURRY, FRANKEL, SAMUELSON,
           COSTA, M. COHEN, LEVDANSKY, FREEMAN, BEBKO-JONES,
           C. WILLIAMS, PIPPY, JOSEPHS, HORSEY, TRELLO, McCALL, SAINATO,
           CIVERA, BROWNE, GRUCELA AND NAILOR, JANUARY 31, 2001

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 2002

                                     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 health
     6     recommendations AND FOR MANDATED WAIVERS FOR CHARTER SCHOOLS.  <--

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1406 of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949, added
    11  July 15, 1957 (P.L.937, No.404), is amended to read:
    12     Section 1406.  Recommendations.--(a)  Recommendations as to
    13  medical, surgical or dental care shall be sent to each parent or
    14  guardian and to the family physician or family dentist on forms
    15  prepared or approved by the Secretary of Health with


     1  instructions to the parent or guardian to consult the family
     2  physician or family dentist and to notify the school authorities
     3  of the action taken with respect to the recommendations.
     4     (b)  School physicians or school nurses shall inform teachers
     5  of the health conditions of pupils which may affect behavior,
     6  appearance or scholastic performance.
     7     (c)  Notice of the existence of and eligibility for the
     8  program under Article XXIII of the act of May 17, 1921 (P.L.682,
     9  No.284), known as "The Insurance Company Law of 1921," shall be
    10  prepared by, paid for and provided to each school district in
    11  Pennsylvania by the Insurance Department annually, not later
    12  than the fifteenth day of August, in sufficient quantities to
    13  provide the parent or legal guardian of every school student
    14  enrolled in the district with such notice. The school district
    15  shall provide such notice to the parent or guardian of each
    16  student enrolled in the district during the school year. The
    17  Insurance Department shall provide sufficient copies of the
    18  notice to nonpublic schools upon request.
    19     SECTION 2.  SECTION 1714-B(G) OF THE ACT, ADDED MAY 10, 2000   <--
    20  (P.L.44, NO.16), IS AMENDED TO READ:
    21     SECTION 1714-B.  MANDATE WAIVER PROGRAM.--* * *
    22     (G)  THE FOLLOWING PROVISIONS OF THIS ACT SHALL NOT BE
    23  SUBJECT TO WAIVER PURSUANT TO THIS SECTION: SECTIONS 108, 110,
    24  111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
    25  443, 510, 513, 518, 527, 701.1, 708, 736, 737, 738, 739, 740,
    26  741, 751, 751.1, 752, 753, 755, 771, 776, 777, 808, 809, 810,
    27  1303(A), 1310, 1317, 1317.1, 1317.2, 1318, 1327, 1327.1, 1330,
    28  1332, 1361, 1366, 1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546
    29  AND 1547; PROVISIONS PROHIBITING DISCRIMINATION; ARTICLES VI,
    30  XI, XI-A, XII, XIII-A, XIV AND XVII-A AND THIS ARTICLE.
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     1     * * *
     2     Section 2 3.  This act shall take effect in 60 days.           <--



















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