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,
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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
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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
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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
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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:
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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
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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
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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.--
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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.
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