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                                                       PRINTER'S NO. 409

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 382 Session of 2005


        INTRODUCED BY GODSHALL, PHILLIPS, BUNT, BARRAR, BEBKO-JONES,
           CIVERA, CLYMER, CREIGHTON, DALEY, FICHTER, GOOD, HERMAN,
           HERSHEY, HESS, JAMES, M. KELLER, LEACH, R. MILLER, NAILOR,
           O'NEILL, PALLONE, PYLE, RUBLEY, SCAVELLO, E. Z. TAYLOR,
           THOMAS, TIGUE, WATSON AND WILT, FEBRUARY 9, 2005

        REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 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," further providing for powers and
     6     duties of the intermediate unit board of directors; providing
     7     for State reimbursement for mobile classroom facilities; and
     8     making editorial changes.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 914-A(5) of the act of March 10, 1949
    12  (P.L.30, No.14), known as the Public School Code of 1949, added
    13  May 4, 1970 (P.L.311, No.102), is amended to read:
    14     Section 914-A.  Powers and Duties of the Intermediate Unit
    15  Board of Directors.--An intermediate unit board of directors
    16  shall have the power and its duty shall be:
    17     * * *
    18     (5)  To adopt a program of services. Each intermediate unit
    19  may provide, but shall, except as hereinafter provided, be


     1  limited to, the following services: (i) curriculum development
     2  and instructional improvement services; (ii) educational
     3  planning services; (iii) instructional materials services; (iv)
     4  continuing professional education services; (v) pupil personnel
     5  services; (vi) State and Federal agency liaison services; and
     6  (vii) management services. Each additional service to be
     7  provided shall be first approved by a majority of all the boards
     8  of school directors comprising the intermediate unit at a
     9  meeting called by the intermediate unit board of directors for
    10  the express purpose of approving or disapproving any such
    11  additional service. Each intermediate unit may provide for the
    12  furnishing of any of the services mentioned in this clause or
    13  elsewhere in this act to nonpublic, nonprofit schools which
    14  schools are hereby authorized to contract for and purchase
    15  services from intermediate units so as to participate in the
    16  intermediate program. An intermediate unit may provide software,
    17  data processing and related professional services associated
    18  with subparagraphs (v), (vi) and (vii) to only those school
    19  districts which are both served by that intermediate unit as set
    20  forth in section 902-A and which have not previously purchased
    21  such services from the private sector.
    22     * * *
    23     Section 2.  Section 2574(a) of the act, amended September 29,
    24  1959 (P.L.992, No.407), is amended to read:
    25     Section 2574.  Approved Reimbursable Rental for Leases
    26  Hereafter Approved and Approved Reimbursable Sinking Fund
    27  Charges on Indebtedness.--(a)  For school building projects for
    28  which the general construction contract is awarded subsequent to
    29  March 22, 1956, and for approved school building projects for
    30  which the general construction contract was awarded but for
    20050H0382B0409                  - 2 -     

     1  which a lease was not approved by the Department of [Public
     2  Instruction] Education prior to March 22, 1956, the Department
     3  of [Public Instruction] Education shall calculate an approved
     4  reimbursable rental or approved reimbursable sinking fund
     5  charges. Reimbursable sinking fund charges may include charges
     6  for temporary indebtedness within constitutional limitations, if
     7  the indebtedness is incurred for approved [permanent]
     8  improvements to the school plant including the cost of acquiring
     9  a suitable site for a school building, the cost of constructing
    10  a new school building, or the cost of providing needed additions
    11  or alterations to existing buildings for which no bond issue is
    12  provided and for which an approved obligation or obligations
    13  other than bonds have been issued and the obligation or
    14  obligations are payable within five (5) years from the date of
    15  issue of the obligation in equal annual installments. As used in
    16  this section, "building" shall include a permanent structure
    17  that contains or is attached to relocatable or modular
    18  classrooms. The term "relocatable or modular classroom" shall
    19  mean a classroom not of a permanent nature which meets the
    20  criteria and specifications of the Department of Education.
    21     Approved reimbursable rental or sinking fund charge shall
    22  consist of that part of the annual rental or sinking fund charge
    23  attributable to--
    24     (1)  The cost of acquiring the land upon which the school
    25  buildings are situate, the cost of necessary rough grading to
    26  permit proper placement of the building upon said land and the
    27  cost of sewage treatment plants, as required by the Department
    28  of Health, to the extent that such costs are deemed reasonable
    29  by the Department of [Public Instruction] Education and the
    30  interest on such costs of acquisition, grading and sewage
    20050H0382B0409                  - 3 -     

     1  treatment plants earned subsequent to date the construction
     2  contract is awarded, and
     3     (2)  The approved building construction cost and the interest
     4  on such construction cost.
     5     * * *
     6     Section 3.  This act shall take effect as follows:
     7         (1)  The amendment of section 2574(a) of the act shall
     8     take effect in 60 days.
     9         (2)  The remainder of this act shall take effect
    10     immediately.














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