PRINTER'S NO. 409
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. A14L24SFL/20050H0382B0409 - 4 -