PRIOR PRINTER'S NOS. 189, 1643 PRINTER'S NO. 2277
No. 185 Session of 2005
INTRODUCED BY STAIRS, CALTAGIRONE, CORNELL, CRAHALLA, CREIGHTON, DALEY, J. EVANS, GEIST, GEORGE, HERSHEY, KENNEY, LEACH, LEDERER, MANDERINO, McGILL, MELIO, PRESTON, REICHLEY, SEMMEL, E. Z. TAYLOR, WILT, YOUNGBLOOD, CAUSER, SURRA, DENLINGER, ALLEN AND BELARDI, FEBRUARY 1, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 21, 2005
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," providing FOR SCHOOL DISTRICT <-- 6 NOTIFICATION OF RESIDENTIAL DEVELOPMENT AND for contracts for 7 competitive food, beverage and advertising OR BEVERAGE <-- 8 contracts; FURTHER PROVIDING FOR FUNDING FOR CHARTER SCHOOLS, <-- 9 FOR CYBER CHARTER SCHOOL REQUIREMENTS AND PROHIBITIONS AND 10 FOR ENROLLMENT AND NOTIFICATION; AND PROVIDING FOR FREE AND 11 REDUCED-PRICE SCHOOL LUNCHES FOR CERTAIN STUDENTS. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <-- 15 as the Public School Code of 1949, is amended by adding a 16 section to read: 17 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <-- 18 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING AN 19 ARTICLE TO READ: 20 ARTICLE II-A
1 NOTIFICATION OF RESIDENTIAL DEVELOPMENT 2 SECTION 201-A. DEFINITIONS. 3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 4 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 5 CONTEXT CLEARLY INDICATES OTHERWISE: 6 "APPLICANT." A LANDOWNER OR DEVELOPER WHO HAS FILED AN 7 APPLICATION FOR DEVELOPMENT WITH A GOVERNING BODY. THE TERM 8 INCLUDES THE LANDOWNER'S OR DEVELOPER'S HEIRS, SUCCESSORS AND 9 ASSIGNS. 10 "APPLICATION FOR DEVELOPMENT." EVERY APPLICATION, WHETHER 11 PRELIMINARY, TENTATIVE OR FINAL, REQUIRED BY LAW OR ORDINANCE TO 12 BE FILED AND APPROVED PRIOR TO START OF CONSTRUCTION OR 13 DEVELOPMENT, INCLUDING, BUT NOT LIMITED TO, AN APPLICATION FOR A 14 BUILDING PERMIT, FOR THE APPROVAL OF A SUBDIVISION PLAT OR PLAN 15 OR FOR THE APPROVAL OF A RESIDENTIAL DEVELOPMENT PLAN. 16 "DEVELOPER." ANY LANDOWNER, AGENT OF THE LANDOWNER OR TENANT 17 WITH THE PERMISSION OF THE LANDOWNER, WHO MAKES OR CAUSES TO BE 18 MADE A SUBDIVISION OF LAND OR A LAND DEVELOPMENT. 19 "GOVERNING BODY." THE COUNCIL IN CITIES, BOROUGHS AND 20 INCORPORATED TOWNS; THE BOARD OF COMMISSIONERS IN TOWNSHIPS OF 21 THE FIRST CLASS; THE BOARD OF SUPERVISORS IN TOWNSHIPS OF THE 22 SECOND CLASS; THE BOARD OF COMMISSIONERS IN COUNTIES; OR AS MAY 23 BE DESIGNATED IN THE LAW PROVIDING FOR THE FORM OF GOVERNMENT. 24 "LANDOWNER." THE LEGAL OR BENEFICIAL OWNER OR OWNERS OF 25 LAND, INCLUDING THE HOLDER OF AN OPTION OR CONTRACT TO PURCHASE, 26 WHETHER OR NOT SUCH OPTION OR CONTRACT IS SUBJECT TO ANY 27 CONDITION, A LESSEE IF THE LESSEE IS AUTHORIZED UNDER THE LEASE 28 TO EXERCISE THE RIGHTS OF THE LANDOWNER OR OTHER PERSON HAVING A 29 PROPRIETARY INTEREST IN LAND. 30 "PLANNED RESIDENTIAL DEVELOPMENT." AN AREA OF LAND, 20050H0185B2277 - 2 -
1 CONTROLLED BY A LANDOWNER, TO BE DEVELOPED AS A SINGLE ENTITY 2 FOR A NUMBER OF DWELLING UNITS, OR COMBINATION OF RESIDENTIAL 3 AND NONRESIDENTIAL USES, THE DEVELOPMENT PLAN FOR WHICH DOES NOT 4 CORRESPOND IN LOT SIZE, BULK, TYPE OF DWELLING, OR USE, DENSITY, 5 OR INTENSITY, LOT COVERAGE AND REQUIRED OPEN SPACE TO THE 6 REGULATIONS ESTABLISHED IN ANY ONE DISTRICT CREATED, FROM TIME 7 TO TIME, UNDER THE PROVISIONS OF A MUNICIPAL ZONING ORDINANCE. 8 "PLANNING AGENCY." A PLANNING COMMISSION, PLANNING 9 DEPARTMENT OR A PLANNING COMMITTEE OF THE GOVERNING BODY. 10 "PLAT." THE MAP OR PLAN OF A SUBDIVISION OR LAND 11 DEVELOPMENT, WHETHER PRELIMINARY OR FINAL. 12 "RESIDENTIAL DEVELOPMENT PLAN." THE PROVISIONS FOR 13 RESIDENTIAL DEVELOPMENT, INCLUDING A PLANNED RESIDENTIAL 14 DEVELOPMENT, A PLAT OF SUBDIVISION, ALL COVENANTS RELATING TO 15 USE, LOCATION AND BULK OF BUILDINGS AND OTHER STRUCTURES, 16 INTENSITY OF USE OR DENSITY OF DEVELOPMENT, STREETS, WAYS AND 17 PARKING FACILITIES, COMMON OPEN SPACE AND PUBLIC FACILITIES. THE 18 PHRASE "PROVISIONS FOR RESIDENTIAL DEVELOPMENT" WHEN USED IN 19 THIS SECTION SHALL MEAN THE WRITTEN AND GRAPHIC MATERIALS 20 REFERRED TO IN THIS DEFINITION. 21 "SCHOOL DISTRICT." INCLUDES SCHOOL DISTRICTS OF ALL CLASSES. 22 SECTION 202-A. NOTIFICATION OF SUBDIVISION AND LAND DEVELOPMENT 23 IN SCHOOL DISTRICTS. 24 AN APPLICANT SHALL SEND VIA CERTIFIED MAIL RETURN RECEIPT 25 REQUESTED, WITHIN FIVE DAYS AFTER FILING WITH A GOVERNING BODY 26 OR PLANNING AGENCY, A COPY OR SUMMARY OF THE APPLICATION FOR 27 PRELIMINARY APPROVAL OF A RESIDENTIAL DEVELOPMENT PLAN TO THE 28 SUPERINTENDENT OF THE SCHOOL DISTRICT WHEREIN THE RESIDENTIAL 29 DEVELOPMENT PLAN IS PROPOSED. A SUMMARY SHALL INCLUDE, BUT NOT 30 BE LIMITED TO, THE LOCATION OF THE DEVELOPMENT, THE NUMBER AND 20050H0185B2277 - 3 -
1 TYPES OF UNITS TO BE INCLUDED IN THE DEVELOPMENT AND THE 2 PROPOSED CONSTRUCTION SCHEDULE OF THE DEVELOPMENT AND WHERE 3 REQUIRED BY LOCAL ORDINANCE TO BE INCLUDED IN THE APPLICATION, 4 AN ECONOMIC ASSESSMENT OF THE PROPOSED DEVELOPMENT. THE 5 APPLICANT SHALL PROVIDE A COPY OF THE RETURN RECEIPT TO THE 6 GOVERNING BODY SHOWING COMPLIANCE WITH THIS SECTION. 7 SECTION 203-A. SCHOOL DISTRICT COMMENTS. 8 THE SCHOOL DISTRICT MAY SUBMIT WRITTEN COMMENTS, WITHIN 30 9 DAYS AFTER RECEIPT OF THE COPY OR SUMMARY OF THE APPLICATION, TO 10 THE GOVERNING BODY OR PLANNING AGENCY THAT IS CONSIDERING THE 11 RESIDENTIAL DEVELOPMENT PLAN. IF THE GOVERNING BODY OR PLANNING 12 AGENCY DOES NOT RECEIVE THE WRITTEN COMMENTS FROM THE SCHOOL 13 DISTRICT WITHIN 30 DAYS, THE GOVERNING BODY OR PLANNING AGENCY 14 SHALL PROCEED WITH CONSIDERATION OF THE APPLICATION. NOTHING IN 15 THIS SECTION SHALL EMPOWER THE SCHOOL DISTRICT WITH ANY 16 AUTHORITY TO APPROVE OR DENY ANY APPLICATION FOR APPROVAL OF A 17 PLAT. 18 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 19 Section 504.1. Competitive Food, Beverage or Advertising OR <-- 20 BEVERAGE Contracts.--(a) Exclusive and nonexclusive competitive <-- 21 food, beverage or advertising COMPETITIVE FOOD OR BEVERAGE <-- 22 contracts may not be entered into or renewed by the district or 23 a school within the district unless the board of the school 24 district does the following: <-- 25 (1) Holds a public hearing during or prior to a regularly 26 scheduled board meeting, at which time students, parents and 27 other members of the community may comment on the contract. 28 (2) Adopts a policy after the public hearing ensuring that 29 such contracts are entered into or renewed pursuant to 62 30 Pa.C.S. (relating to procurement) and funds raised from such 20050H0185B2277 - 4 -
1 contracts go to the district's food service department, 2 educational programs or student organizations or activities 3 approved by the school board. 4 (b) Contracts for electronic products or services requiring 5 the dissemination of advertising to pupils may not be entered 6 unless the school board does the following: 7 (1) Enters into the contract at a properly advertised public 8 hearing of the school board. 9 (2) Determines that the electronic product or service would 10 be an integral component in educating students. 11 (3) Finds that the school district cannot afford to provide 12 the electronic product or service unless it contracts to permit 13 the dissemination of advertising to pupils. 14 (4) Provides written notice to the parents or guardians of 15 students through the district's normal ongoing communication 16 that the advertising will be used in the classroom or other 17 learning centers. 18 (5) Offers parents and guardians the opportunity to request 19 in writing that the student not be exposed to the program that 20 contains the advertising. 21 Any request shall be honored for the school year in which it is 22 submitted or longer, if specified, but may be withdrawn by the 23 student's parents or guardians at any time. 24 (c) 25 PROVIDES REASONABLE PUBLIC NOTICE OR HOLDS A PUBLIC HEARING <-- 26 ABOUT THE CONTRACT. AS USED IN THIS SUBSECTION, "REASONABLE 27 PUBLIC NOTICE" SHALL MEAN PROVIDING NOTICE TO ALL PARENTS OR 28 GUARDIANS UTILIZING NORMAL SCHOOL COMMUNICATION PROCEDURES AT 29 LEAST 30 DAYS PRIOR TO THE SCHOOL ENTERING INTO AN EXCLUSIVE 30 COMPETITIVE FOOD OR BEVERAGE CONTRACT. THE NOTICE MUST INCLUDE 20050H0185B2277 - 5 -
1 GUIDANCE FOR PARENTS OR GUARDIANS ON HOW TO OFFER PUBLIC COMMENT 2 TO THE SCHOOL REGARDING THE CONTRACT. 3 (B) Contracts prohibiting a school district employe from 4 disparaging the goods or services of the party contracting with 5 the school board may not be entered into by any school board. 6 (d) (C) Any contract entered into under this section may not <-- 7 include a confidentiality clause prohibiting a school or school 8 district from making any part of the contract public. Contracts 9 entered into or renewed under this section shall be made 10 accessible to the public pursuant to section 2 of the act of 11 June 21, 1957 (P.L.390, No.212), referred to as the Right-to- 12 Know Law. 13 (e) (D) The school board shall report to the parents and the <-- 14 community the amounts and specific sources of funds received and 15 the nature of expenditures made from funds received from 16 competitive food, beverage or advertising contracts. An annual <-- 17 public hearing may be held to fulfill this requirement. OR <-- 18 BEVERAGE CONTRACTS AT A REGULARLY SCHEDULED BOARD MEETING, A 19 PUBLIC HEARING OR ON THE DISTRICT'S INTERNET WEBSITE. 20 (f) (E) Advertising, products or services on a nonexclusive <-- 21 basis may be sold only with the approval of the school board. 22 (g) (F) The school board may post signs publicly expressing <-- 23 the district's appreciation of a business or person for their 24 support of the district's educational programs. 25 (h) (G) As used in this section, the term "competitive food" <-- 26 means any food or beverages offered or sold in competition with 27 reimbursable meals served under the National School Lunch or 28 School Breakfast Program. 29 SECTION 3. SECTION 1725-A(A) OF THE ACT, AMENDED JUNE 29, <-- 30 2002 (P.L.524, NO.88), IS AMENDED TO READ: 20050H0185B2277 - 6 -
1 SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING 2 FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER: 3 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR 4 NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL EXCEPT FOR 5 STUDENTS AT CYBER CHARTER SCHOOLS WHO DO NOT MEET THE RESIDENCY 6 REQUIREMENTS OF CLAUSE (2). 7 (2) FOR NON-SPECIAL EDUCATION STUDENTS, THE CHARTER SCHOOL 8 SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE 9 BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF THE 10 PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20), MINUS THE 11 BUDGETED EXPENDITURES OF THE DISTRICT OF RESIDENCE FOR NONPUBLIC 12 SCHOOL PROGRAMS; ADULT EDUCATION PROGRAMS; COMMUNITY/JUNIOR 13 COLLEGE PROGRAMS; STUDENT TRANSPORTATION SERVICES; FOR SPECIAL 14 EDUCATION PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND 15 IMPROVEMENT SERVICES; AND OTHER FINANCING USES, INCLUDING DEBT 16 SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF 17 ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA 18 SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT. THIS AMOUNT SHALL 19 BE PAID BY THE DISTRICT OF RESIDENCE OF EACH STUDENT. 20 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN 21 THE CASE OF CYBER CHARTER SCHOOLS, FOR THE PURPOSES OF THIS 22 CLAUSE A STUDENT IS A RESIDENT OF A SCHOOL DISTRICT ONLY IF BOTH 23 OF THE FOLLOWING CRITERIA ARE MET: 24 (I) IT IS THE SCHOOL DISTRICT IN WHICH HIS PARENTS OR THE 25 GUARDIAN OF HIS PERSON RESIDES; AND 26 (II) IT IS THE SCHOOL DISTRICT IN WHICH THE STUDENT SLEEPS 27 AT LEAST ONE HUNDRED EIGHTY-THREE (183) NIGHTS OF THE YEAR 28 DURING WHICH PAYMENT IS MADE. 29 (3) FOR SPECIAL EDUCATION STUDENTS, THE CHARTER SCHOOL SHALL 30 RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING AS FOR EACH 20050H0185B2277 - 7 -
1 NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN CLAUSE (2), PLUS AN 2 ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE DISTRICT OF 3 RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE BY THE PRODUCT 4 OF MULTIPLYING THE COMBINED PERCENTAGE OF SECTION 2509.5(K) 5 TIMES THE DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY MEMBERSHIP 6 FOR THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID BY THE 7 DISTRICT OF RESIDENCE OF EACH STUDENT. 8 (4) A CHARTER SCHOOL MAY REQUEST THE INTERMEDIATE UNIT IN 9 WHICH THE CHARTER SCHOOL IS LOCATED TO PROVIDE SERVICES TO 10 ASSIST THE CHARTER SCHOOL TO ADDRESS THE SPECIFIC NEEDS OF 11 EXCEPTIONAL STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE 12 CHARTER SCHOOL AND BILL THE CHARTER SCHOOL FOR THE SERVICES. THE 13 INTERMEDIATE UNIT MAY NOT CHARGE THE CHARTER SCHOOL MORE FOR ANY 14 SERVICE THAN IT CHARGES THE CONSTITUENT DISTRICTS OF THE 15 INTERMEDIATE UNIT. 16 (5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE 17 (12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH, 18 WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A 19 CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP 20 OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF 21 PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION 22 FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO 23 MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE, 24 THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED 25 BY THE CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO 26 THE DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER 27 SCHOOL. 28 (6) WITHIN THIRTY (30) DAYS AFTER THE SECRETARY MAKES THE 29 DEDUCTION DESCRIBED IN CLAUSE (5), A SCHOOL DISTRICT MAY NOTIFY 30 THE SECRETARY THAT THE DEDUCTION MADE FROM STATE PAYMENTS TO THE 20050H0185B2277 - 8 -
1 DISTRICT UNDER THIS SUBSECTION IS INACCURATE. THE SECRETARY 2 SHALL PROVIDE THE SCHOOL DISTRICT WITH AN OPPORTUNITY TO BE 3 HEARD CONCERNING WHETHER THE CHARTER SCHOOL DOCUMENTED THAT ITS 4 STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, THE PERIOD OF TIME 5 DURING WHICH EACH STUDENT WAS ENROLLED, THE SCHOOL DISTRICT OF 6 RESIDENCE OF EACH STUDENT AND WHETHER THE AMOUNTS DEDUCTED FROM 7 THE SCHOOL DISTRICT WERE ACCURATE. 8 * * * 9 SECTION 4. SECTION 1743-A OF THE ACT IS AMENDED BY ADDING A 10 SUBSECTION TO READ: 11 SECTION 1743-A. CYBER CHARTER SCHOOL REQUIREMENTS AND 12 PROHIBITIONS. 13 * * * 14 (A.1) TRUANCY.--IN ORDER TO ENROLL A STUDENT, THE SCHOOL 15 DISTRICT IN WHICH THE STUDENT IS A RESIDENT MUST CERTIFY TO THE 16 CYBER CHARTER SCHOOL THAT THE STUDENT IS IN COMPLIANCE WITH 17 SECTION 1327. 18 * * * 19 SECTION 5. SECTION 1748-A(A) OF THE ACT IS AMENDED BY ADDING 20 A PARAGRAPH TO READ: 21 SECTION 1748-A. ENROLLMENT AND NOTIFICATION. 22 (A) NOTICE TO SCHOOL DISTRICT.-- 23 * * * 24 (3) WHEN A SCHOOL DISTRICT HAS RECEIVED NOTICE UNDER 25 PARAGRAPH (1), THE SCHOOL DISTRICT SHALL CERTIFY TO THE CYBER 26 CHARTER SCHOOL WHETHER THE STUDENT IS IN COMPLIANCE WITH 27 SECTION 1327. 28 * * * 29 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 30 SECTION 2505.2. SUPPLEMENTAL FUNDING FOR SCHOOL LUNCHES.-- 20050H0185B2277 - 9 -
1 NOTWITHSTANDING FEDERAL FUNDING OF SCHOOL LUNCHES FOR 2 INDIVIDUALS WHO QUALIFY FOR FREE OR REDUCED-PRICE LUNCHES, THERE 3 SHALL BE A SUPPLEMENT FROM THE GENERAL FUND ANNUALLY TO ACHIEVE 4 THE FOLLOWING: 5 (1) INDIVIDUALS WHO LIVE AT OR UNDER ONE HUNDRED EIGHTY-FIVE 6 PER CENTUM (185%) OF THE FEDERAL POVERTY GUIDELINE SHALL RECEIVE 7 FREE SCHOOL LUNCH EACH SCHOOL DAY. 8 (2) INDIVIDUALS WHO LIVE BETWEEN ONE HUNDRED EIGHTY-FIVE PER 9 CENTUM (185%) AND TWO HUNDRED FIFTY PER CENTUM (250%) OF THE 10 FEDERAL POVERTY GUIDELINE SHALL RECEIVE SCHOOL LUNCH EACH SCHOOL 11 DAY AT THE REDUCED PRICE SPECIFIED UNDER FEDERAL GUIDELINES. 12 Section 2 7. This act shall take effect in 60 days. AS <-- 13 FOLLOWS: 14 (1) THE ADDITION OF SECTION 504.1 OF THE ACT SHALL TAKE 15 EFFECT IN 180 DAYS. 16 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 17 DAYS. L22L24SFL/20050H0185B2277 - 10 -