PRIOR PRINTER'S NO. 659 PRINTER'S NO. 2314
No. 586 Session of 2005
INTRODUCED BY O'NEILL, ARMSTRONG, BOYD, CALTAGIRONE, CAWLEY,
CORNELL, CREIGHTON, GEIST, GINGRICH, GRUCELA, JAMES, PALLONE,
PHILLIPS, ROHRER, RUBLEY, SCAVELLO, E. Z. TAYLOR, WALKO,
WANSACZ, WATSON, WILT, YOUNGBLOOD, BENNINGHOFF AND DENLINGER,
FEBRUARY 16, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 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 definitions,
6 FOR DISTRESS IN SCHOOL DISTRICTS OF THE FIRST CLASS AND FOR <--
7 THE SCHOLARSHIP ORGANIZATION EDUCATIONAL IMPROVEMENT TAX
8 CREDIT PROGRAMS; AND PROVIDING FOR FREE AND REDUCED-PRICE
9 SCHOOL LUNCHES IN CERTAIN CIRCUMSTANCES.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 102 of the act of March 10, 1949 (P.L.30,
13 No.14), known as the Public School Code of 1949, is amended by
14 adding a definition to read:
15 Section 102. Definitions.--When used in this act the
16 following words and phrases shall have the following meanings:
17 * * *
18 "Extracurricular activity." Any activity covered by the
19 provisions of section 511 which meets the following
1 requirements:
2 (1) sponsored or approved by the board of school directors;
3 (2) not offered for credit toward graduation;
4 (3) conducted partially or entirely outside the regular
5 instructional day schedule; and
6 (4) available to any student enrolled in the district's
7 schools who voluntarily elects to participate and be subject to
8 the eligibility requirements of the activity.
9 A school district's program of interscholastic athletics,
10 including varsity sports, shall be deemed extracurricular in
11 nature and shall cover all activities relating to competitive
12 sports contests, games, events or exhibitions involving
13 individual students or teams of students of the school district
14 whenever such activities occur between schools within the
15 district or with schools outside the district.
16 * * *
17 SECTION 2. SECTION 696(I)(3) OF THE ACT, AMENDED OCTOBER 30, <--
18 2001 (P.L.828, NO.83), IS AMENDED TO READ:
19 SECTION 696. DISTRESS IN SCHOOL DISTRICTS OF THE FIRST
20 CLASS.--* * *
21 (I) IN ADDITION TO ALL POWERS GRANTED TO THE SUPERINTENDENT
22 BY LAW AND A SPECIAL BOARD OF CONTROL UNDER SECTION 693 AND
23 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE SCHOOL REFORM
24 COMMISSION SHALL HAVE THE FOLLOWING POWERS:
25 * * *
26 (3) TO SUSPEND THE REQUIREMENTS OF THIS ACT AND REGULATIONS
27 OF THE STATE BOARD OF EDUCATION EXCEPT THAT THE SCHOOL DISTRICT
28 SHALL REMAIN SUBJECT TO THOSE PROVISIONS OF THIS ACT SET FORTH
29 IN SECTION 1361, 1732-A(A), (B) AND (C) AND SECTION 1714-B AND
30 REGULATIONS UNDER THOSE SECTIONS.
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1 * * *
2 SECTION 3. SECTIONS 2003-B(C) AND (D) AND 2007-B OF THE ACT,
3 AMENDED DECEMBER 23, 2003 (P.L.304, NO.48), ARE AMENDED TO READ:
4 SECTION 2003-B. QUALIFICATION AND APPLICATION.
5 * * *
6 (C) SCHOLARSHIP ORGANIZATIONS AND PRE-KINDERGARTEN
7 SCHOLARSHIP ORGANIZATIONS.--A SCHOLARSHIP ORGANIZATION OR PRE-
8 KINDERGARTEN SCHOLARSHIP ORGANIZATION MUST CERTIFY TO THE
9 DEPARTMENT THAT THE ORGANIZATION IS ELIGIBLE TO PARTICIPATE IN
10 THE PROGRAM ESTABLISHED UNDER THIS ARTICLE[.] AND MUST AGREE TO
11 ANNUALLY REPORT THE FOLLOWING INFORMATION TO THE DEPARTMENT BY
12 SEPTEMBER 1, 2005, AND SEPTEMBER 1 OF EACH YEAR THEREAFTER:
13 (1) (I) THE NUMBER OF SCHOLARSHIPS AWARDED DURING THE
14 IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE PRE-
15 KINDERGARTEN STUDENTS.
16 (II) THE TOTAL AND AVERAGE AMOUNTS OF THE
17 SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
18 SCHOOL YEAR TO ELIGIBLE PRE-KINDERGARTEN STUDENTS.
19 (III) THE NUMBER OF SCHOLARSHIPS AWARDED DURING THE
20 IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN
21 GRADES K-8.
22 (IV) THE TOTAL AND AVERAGE AMOUNTS OF THE
23 SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
24 SCHOOL YEAR TO ELIGIBLE STUDENTS IN GRADES K-8.
25 (V) THE NUMBER OF SCHOLARSHIPS AWARDED DURING THE
26 IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN
27 GRADES 9-12.
28 (VI) THE TOTAL AND AVERAGE AMOUNTS OF THE
29 SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
30 SCHOOL YEAR TO ELIGIBLE STUDENTS IN GRADES 9-12.
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1 (VII) WHERE THE SCHOLARSHIP ORGANIZATION OR PRE-
2 KINDERGARTEN SCHOLARSHIP ORGANIZATION COLLECTS
3 INFORMATION ON A COUNTY-BY-COUNTY BASIS, THE TOTAL NUMBER
4 AND THE TOTAL AMOUNT OF SCHOLARSHIPS AWARDED DURING THE
5 IMMEDIATELY PRECEDING SCHOOL YEAR TO RESIDENTS OF EACH
6 COUNTY IN WHICH THE SCHOLARSHIP ORGANIZATION OR PRE-
7 KINDERGARTEN SCHOLARSHIP ORGANIZATION AWARDED
8 SCHOLARSHIPS.
9 (2) THE INFORMATION REQUIRED UNDER PARAGRAPH (1) SHALL
10 BE SUBMITTED ON A FORM PROVIDED BY THE DEPARTMENT. NO LATER
11 THAN JULY 1, 2005, AND JULY 1 OF EACH YEAR THEREAFTER, THE
12 DEPARTMENT SHALL ANNUALLY DISTRIBUTE SUCH SAMPLE FORMS,
13 TOGETHER WITH THE FORMS ON WHICH THE REPORTS ARE REQUIRED TO
14 BE MADE, TO EACH LISTED SCHOLARSHIP ORGANIZATION AND PRE-
15 KINDERGARTEN SCHOLARSHIP ORGANIZATION.
16 (3) THE DEPARTMENT MAY NOT REQUIRE ANY OTHER INFORMATION
17 TO BE PROVIDED BY SCHOLARSHIP ORGANIZATIONS OR PRE-
18 KINDERGARTEN SCHOLARSHIP ORGANIZATIONS, EXCEPT AS EXPRESSLY
19 AUTHORIZED IN THIS ARTICLE.
20 (D) EDUCATIONAL IMPROVEMENT ORGANIZATION.--
21 (1) AN APPLICATION SUBMITTED BY AN EDUCATIONAL
22 IMPROVEMENT ORGANIZATION MUST DESCRIBE ITS PROPOSED
23 INNOVATIVE EDUCATIONAL PROGRAM OR PROGRAMS IN A FORM
24 PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT SHALL CONSULT
25 WITH THE DEPARTMENT OF EDUCATION AS NECESSARY. THE DEPARTMENT
26 SHALL REVIEW AND APPROVE OR DISAPPROVE THE APPLICATION. IN
27 ORDER TO BE ELIGIBLE TO PARTICIPATE IN THE PROGRAM
28 ESTABLISHED UNDER THIS ARTICLE, AN EDUCATIONAL IMPROVEMENT
29 ORGANIZATION MUST AGREE TO ANNUALLY REPORT THE FOLLOWING
30 INFORMATION TO THE DEPARTMENT BY SEPTEMBER 1, 2005, AND
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1 SEPTEMBER 1 OF EACH YEAR THEREAFTER:
2 (I) THE NAME OF THE INNOVATIVE EDUCATIONAL PROGRAM
3 OR PROGRAMS AND THE TOTAL AMOUNT OF THE GRANT OR GRANTS
4 MADE TO THOSE PROGRAMS DURING THE IMMEDIATELY PRECEDING
5 SCHOOL YEAR.
6 (II) A DESCRIPTION OF HOW EACH GRANT WAS UTILIZED
7 DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR AND A
8 DESCRIPTION OF ANY DEMONSTRATED OR EXPECTED INNOVATIVE
9 EDUCATIONAL IMPROVEMENTS.
10 (III) THE NAMES OF THE PUBLIC SCHOOLS AND SCHOOL
11 DISTRICTS WHERE INNOVATIVE EDUCATIONAL PROGRAMS THAT
12 RECEIVED GRANTS DURING THE IMMEDIATELY PRECEDING SCHOOL
13 YEAR WERE IMPLEMENTED.
14 (IV) WHERE THE EDUCATIONAL IMPROVEMENT ORGANIZATION
15 COLLECTS INFORMATION ON A COUNTY-BY-COUNTY BASIS, THE
16 TOTAL NUMBER AND THE TOTAL AMOUNT OF GRANTS MADE DURING
17 THE IMMEDIATELY PRECEDING SCHOOL YEAR FOR PROGRAMS AT
18 PUBLIC SCHOOLS IN EACH COUNTY IN WHICH THE EDUCATIONAL
19 IMPROVEMENT ORGANIZATION MADE GRANTS.
20 (2) THE DEPARTMENT SHALL PREPARE SAMPLE FORMS FOR
21 REPORTING THE DATA REQUIRED UNDER THIS SUBSECTION, AND SHALL
22 ANNUALLY DISTRIBUTE SUCH SAMPLE FORMS, TOGETHER WITH THE
23 FORMS ON WHICH THE REPORTS ARE REQUIRED TO BE MADE, TO EACH
24 LISTED EDUCATIONAL IMPROVEMENT ORGANIZATION BY JULY 1 OF EACH
25 YEAR. THE DEPARTMENT MAY NOT REQUIRE ANY OTHER INFORMATION TO
26 BE PROVIDED BY EDUCATIONAL IMPROVEMENT ORGANIZATIONS, EXCEPT
27 AS EXPRESSLY AUTHORIZED IN THIS ARTICLE.
28 * * *
29 SECTION 2007-B. LISTS AND REPORTS.
30 (A) ANNUAL LISTING OF ORGANIZATIONS.--THE DEPARTMENT OF
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1 REVENUE SHALL PROVIDE A LIST OF ALL SCHOLARSHIP ORGANIZATIONS,
2 PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS AND EDUCATIONAL
3 IMPROVEMENT ORGANIZATIONS RECEIVING CONTRIBUTIONS FROM BUSINESS
4 FIRMS GRANTED A TAX CREDIT UNDER THIS ARTICLE TO THE GENERAL
5 ASSEMBLY BY JUNE 30 OF EACH YEAR.
6 (B) CONTENTS OF ANNUAL REPORT.--THE DEPARTMENT, IN
7 CONSULTATION WITH THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT
8 OF REVENUE, SHALL REPORT, BY DECEMBER 31, 2005, AND DECEMBER 31
9 OF EACH YEAR THEREAFTER, THE FOLLOWING INFORMATION:
10 (1) THE TOTAL NUMBER OF SCHOLARSHIPS AWARDED DURING THE
11 IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE PRE-
12 KINDERGARTEN STUDENTS.
13 (2) THE TOTAL AND AVERAGE AMOUNTS OF SCHOLARSHIPS
14 AWARDED DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO
15 ELIGIBLE PRE-KINDERGARTEN STUDENTS.
16 (3) THE TOTAL NUMBER OF SCHOLARSHIPS AWARDED DURING THE
17 IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN
18 GRADES K-8.
19 (4) THE TOTAL AND AVERAGE AMOUNTS OF SCHOLARSHIPS
20 AWARDED DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO
21 ELIGIBLE STUDENTS IN GRADES K-8.
22 (5) THE TOTAL NUMBER OF SCHOLARSHIPS AWARDED DURING THE
23 IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN
24 GRADES 9-12.
25 (6) THE TOTAL AND AVERAGE AMOUNTS OF SCHOLARSHIPS
26 AWARDED DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO
27 ELIGIBLE STUDENTS IN GRADES 9-12.
28 (7) TO THE EXTENT THAT SUCH INFORMATION IS REPORTED
29 UNDER SECTION 2003-B(C)(1)(VII), THE TOTAL NUMBER AND THE
30 TOTAL AMOUNTS OF ALL SCHOLARSHIPS AWARDED DURING THE
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1 IMMEDIATELY PRECEDING SCHOOL YEAR TO RESIDENTS OF EACH COUNTY
2 IN THIS COMMONWEALTH.
3 (8) THE NAMES OF ALL EDUCATIONAL IMPROVEMENT
4 ORGANIZATIONS MAKING GRANTS DURING THE IMMEDIATELY PRECEDING
5 SCHOOL YEAR, THE NAMES OF ALL INNOVATIVE EDUCATIONAL PROGRAMS
6 RECEIVING SUCH GRANTS AND THE TOTAL AMOUNT OF SUCH GRANTS
7 RECEIVED BY EACH EDUCATIONAL IMPROVEMENT ORGANIZATION.
8 (9) A DESCRIPTION OF HOW GRANTS MADE DURING THE
9 IMMEDIATELY PRECEDING SCHOOL YEAR WERE UTILIZED IN EACH
10 INNOVATIVE EDUCATIONAL PROGRAM, INCLUDING DEMONSTRATED OR
11 EXPECTED INNOVATIVE EDUCATIONAL IMPROVEMENTS.
12 (10) THE NAMES OF THE PUBLIC SCHOOLS AND SCHOOL
13 DISTRICTS WHERE INNOVATIVE EDUCATIONAL PROGRAMS THAT RECEIVED
14 GRANTS DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR WERE
15 IMPLEMENTED.
16 (11) THE TOTAL NUMBER OF BUSINESS FIRMS RECEIVING TAX
17 CREDITS UNDER THIS ARTICLE DURING THE IMMEDIATELY PRECEDING
18 FISCAL YEAR.
19 (12) THE NUMBER OF BUSINESSES THAT MADE TOTAL
20 CONTRIBUTIONS, FOR WHICH THEY RECEIVED TAX CREDITS UNDER THIS
21 ARTICLE DURING THE IMMEDIATELY PRECEDING FISCAL YEAR, IN
22 AMOUNTS LESS THAN $10,000.
23 (13) THE NUMBER OF BUSINESSES THAT MADE TOTAL
24 CONTRIBUTIONS, FOR WHICH THEY RECEIVED TAX CREDITS UNDER THIS
25 ARTICLE DURING THE PREVIOUS FISCAL YEAR, IN AMOUNTS GREATER
26 THAN OR EQUAL TO $10,000 AND LESS THAN OR EQUAL TO $100,000.
27 (14) THE NUMBER OF BUSINESSES THAT MADE TOTAL
28 CONTRIBUTIONS, FOR WHICH THEY RECEIVED TAX CREDITS UNDER THIS
29 ARTICLE DURING THE PREVIOUS FISCAL YEAR, IN AMOUNTS GREATER
30 THAN OR EQUAL TO $100,000 AND LESS THAN OR EQUAL TO $200,000.
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1 (15) THE NUMBER OF BUSINESSES THAT MADE TOTAL
2 CONTRIBUTIONS, FOR WHICH THEY RECEIVED TAX CREDITS UNDER THIS
3 ARTICLE DURING THE PREVIOUS FISCAL YEAR, IN AMOUNTS GREATER
4 THAN $200,000.
5 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
6 SECTION 2505.2. SUPPLEMENTAL FUNDING FOR SCHOOL LUNCHES.--
7 NOTWITHSTANDING FEDERAL FUNDING OF SCHOOL LUNCHES FOR
8 INDIVIDUALS WHO QUALIFY FOR FREE OR REDUCED-PRICE LUNCHES, THERE
9 SHALL BE A SUPPLEMENT FROM THE GENERAL FUND ANNUALLY TO ACHIEVE
10 THE FOLLOWING:
11 (1) INDIVIDUALS WHO LIVE AT OR UNDER ONE HUNDRED EIGHTY-FIVE
12 PER CENTUM (185%) OF THE FEDERAL POVERTY GUIDELINE SHALL RECEIVE
13 FREE SCHOOL LUNCH EACH SCHOOL DAY.
14 (2) INDIVIDUALS WHO LIVE BETWEEN ONE HUNDRED EIGHTY-FIVE PER
15 CENTUM (185%) AND TWO HUNDRED FIFTY PER CENTUM (250%) OF THE
16 FEDERAL POVERTY GUIDELINE SHALL RECEIVE SCHOOL LUNCH EACH SCHOOL
17 DAY AT THE REDUCED PRICE SPECIFIED UNDER FEDERAL GUIDELINES.
18 Section 2. This act shall take effect in 60 days. <--
19 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
20 (1) THE AMENDMENT OF SECTION 696 OF THE ACT SHALL TAKE
21 EFFECT IMMEDIATELY.
22 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
23 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
24 DAYS.
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