PRIOR PRINTER'S NOS. 136, 812 PRINTER'S NO. 971
No. 150 Session of 2005
INTRODUCED BY BRIGHTBILL, RHOADES, JUBELIRER, KITCHEN, WENGER,
PILEGGI, CORMAN, MUSTO, COSTA, GORDNER, ROBBINS, ORIE,
ERICKSON, SCARNATI, ARMSTRONG, THOMPSON, D. WHITE, PIPPY,
LEMMOND, WAUGH, RAFFERTY, BOSCOLA, LOGAN, FERLO AND
C. WILLIAMS, FEBRUARY 2, 2005
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 20, 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 opportunities for
6 educational excellence through concurrent enrollment.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding an
11 article to read:
12 ARTICLE XVI-B
13 OPPORTUNITIES FOR EDUCATIONAL
14 EXCELLENCE ACT
15 (a) Preliminary Provisions.
16 Section 1601-B. Scope of article.
17 This article deals with concurrent enrollment.
18 Section 1602-B. Definitions.
1 The following words and phrases when used in this article
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Allowable tuition." The portion of tuition charged by an
5 eligible postsecondary institution to a school entity that is
6 eligible for grant funding under this article, which funding
7 does not exceed:
8 (1) for any two-year postsecondary institution or
9 private licensed school, the advertised tuition rate charged
10 by the institution for enrolled postsecondary students;
11 (2) for any four-year public or private postsecondary
12 institution, the tuition rate charged by the State System of
13 Higher Education for enrolled postsecondary students; or
14 (3) for any postsecondary institution that offered
15 postsecondary credit to students of the school entity prior
16 to the effective date of this section, the tuition rate
17 charged to those students.
18 "Concurrent course." A postsecondary course that meets the
19 requirements under section 1605-B and that is included in a
20 concurrent enrollment agreement.
21 "Concurrent enrollment agreement." The written agreement
22 between a school entity and an eligible postsecondary
23 institution establishing and detailing a local concurrent
24 enrollment program.
25 "Concurrent enrollment committee." A local committee
26 comprised of representatives from a school entity and an
27 eligible postsecondary institution with which it offers a local
28 concurrent enrollment program.
29 "Concurrent student." A student who is enrolled in a school
30 entity and who takes a concurrent course through a local
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1 concurrent enrollment program. The term includes a student
2 enrolled in a program under section 1327.1.
3 "Department." The Department of Education of the
4 Commonwealth.
5 "Eligible postsecondary institution." A nonprofit two-year
6 or four-year public or private college or university or a
7 private licensed school approved to operate in this
8 Commonwealth. The term does not include a foreign corporation.
9 "Household." An individual living alone or with the
10 following: spouse, parent and their unemancipated minor
11 children; other unemancipated minor children who are related by
12 blood or marriage; or other adults or unemancipated minor
13 children living in the household who are dependent upon the
14 individual.
15 "Household income." All money or property received of
16 whatever nature and from whatever source derived. The term does
17 not include the following:
18 (1) Periodic payments for sickness and disability other
19 than regular wages received during a period of sickness or
20 disability.
21 (2) Disability, retirement or other payments arising
22 under workers compensation acts, occupational disease acts
23 and similar legislation by any government.
24 (3) Payments commonly recognized as old-age or
25 retirement benefits paid to persons retired from service
26 after reaching a specific age or after a stated period of
27 employment.
28 (4) Payments commonly known as public assistance or
29 unemployment compensation from a governmental agency.
30 (5) Payments to reimburse actual expenses.
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1 (6) Payments made by employers or labor unions for
2 programs covering hospitalization, sickness, disability or
3 death, supplemental unemployment benefits, strike benefits,
4 Social Security and retirement.
5 (7) Compensation received by members of the United
6 States Armed Forces serving in a combat zone.
7 "Local concurrent enrollment program." A locally
8 administered program developed between a school entity and an
9 eligible postsecondary institution that allows students to
10 concurrently enroll in postsecondary courses and to receive both
11 secondary and postsecondary credit for that coursework.
12 "Low-income student." A concurrent student who is a member
13 of a household with an annual household income less than or
14 equal to 150% of the Federal income poverty guidelines published
15 by the Department of Health and Human Services.
16 "School entity." A school district, an area vocational-
17 technical school, a charter school, a nonpublic school or a
18 private school.
19 "Total approved cost." The sum of the costs for allowable
20 tuition, books and fees for any concurrent course, as set forth
21 in a concurrent enrollment agreement as required under section
22 1613-B(b).
23 Section 1603-B. Responsibilities of department and State Board
24 of Education.
25 (a) Rules and regulations.--The State Board of Education
26 shall promulgate any regulations necessary to carry out the
27 provisions of this article, pursuant to the act of June 25, 1982
28 (P.L.633, No.181), known as the Regulatory Review Act.
29 (b) Promotional materials.--The department shall provide
30 each school entity with promotional materials for dissemination
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1 to students explaining the requirements, features and
2 opportunities of the program established under this article.
3 (c) Grants.--
4 (1) The department shall provide a grant to any school
5 entity that has applied for grant funds under section 1611-
6 B(d) and has approved a concurrent enrollment program as set
7 forth in this article. The grant amount to each school entity
8 shall be calculated for each concurrent course as follows:
9 (i) Determine the total approved cost.
10 (ii) Multiply the amount from subparagraph (i) by
11 the sum of 0.5 and the market value/income aid ratio of
12 the school entity, provided, that where a concurrent
13 student is enrolled in an area vocational-technical
14 school, a charter school, a nonpublic school or a private
15 school, the market value/income aid ratio shall be the
16 market/value income aid ratio of the concurrent student's
17 school district of residence.
18 (iii) Multiply the product from subparagraph (ii) by
19 the number of students enrolled.
20 (2) The grant amount shall not exceed 100% of the total
21 approved cost of a concurrent course. Where funds
22 appropriated for this program are insufficient to fund the
23 full amount of all grants calculated under this subsection,
24 each grant amount shall be reduced on a pro rata basis.
25 (d) Supplemental grants.--
26 (1) The department shall provide a supplemental grant
27 amount to any school entity that has applied for grant funds
28 under section 1611-B(d) and has at least one low-income
29 concurrent student enrolled in a concurrent course. The
30 supplemental grant amount shall equal the tuition for which a
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1 low-income concurrent student is responsible in order to
2 enroll in a concurrent course.
3 (2) The sum of all supplemental grants provided under
4 this subsection shall not exceed 2% of the total amount of
5 funds appropriated for this program. Where funds available
6 for supplemental grants are insufficient to fund the full
7 amount of all supplemental grants under this subsection,
8 supplemental grant amounts shall be reduced on a pro rata
9 basis.
10 (e) Technical assistance.--Upon request of a board of school
11 directors of a school entity, the department shall provide
12 technical assistance in the development of concurrent enrollment
13 agreements and concurrent enrollment programs.
14 (f) Annual report.--The department shall produce an annual
15 report on local concurrent enrollment programs using the
16 reporting information submitted by school entities under section
17 1611-B(c). The annual report shall be provided to the chairman
18 and minority chairman of the Appropriations Committee of the
19 Senate, the chairman and minority chairman of the Appropriations
20 Committee of the House of Representatives, the chairman and
21 minority chairman of the Education Committee of the Senate and
22 the chairman and minority chairman of the Education Committee of
23 the House of Representatives. The report shall be published on
24 the department's publicly accessible Internet website.
25 Section 1604-B. Faculty.
26 (a) General rule.--Members of an eligible postsecondary
27 institution's faculty who teach postsecondary courses in which
28 students are enrolled in accordance with the provisions of this
29 article are not employees of school entities, independent
30 contractors of school entities or employees of independent
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1 contractors of school entities for purposes of sections 111 and
2 2518 unless those faculty members are teaching a course in a
3 school entity's building.
4 (b) Adjunct faculty members.--Nothing in this article shall
5 be construed to prohibit an eligible postsecondary institution
6 from contracting with a teacher for purposes of a local
7 concurrent enrollment program if the teacher meets all
8 qualifications for an adjunct faculty member at the eligible
9 postsecondary institution.
10 (c) Reductions prohibited.--A school entity may not reduce
11 the school entity's complement of professional or
12 paraprofessional employees due to student participation in a
13 program established under this article.
14 (D) CREDITED SCHOOL SERVICE FOR RETIREMENT BENEFITS.--FOR <--
15 THE PURPOSE OF DETERMINING CREDITED SCHOOL SERVICE IN THE STATE
16 EMPLOYEES' RETIREMENT SYSTEM OR PUBLIC SCHOOL EMPLOYEES'
17 RETIREMENT SYSTEM, MEMBERS OF AN ELIGIBLE POSTSECONDARY
18 INSTITUTION'S FACULTY WHO TEACH COURSES IN WHICH STUDENTS ARE
19 ENROLLED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE ARE
20 ELIGIBLE FOR ONLY SUCH SERVICE CREDIT TO WHICH THEY WOULD
21 OTHERWISE BE ENTITLED UNDER THE PROVISIONS OF 24 PA.C.S. PT. IV
22 (RELATING TO RETIREMENT FOR SCHOOL EMPLOYEES) AND 71 PA.C.S. PT.
23 XXV (RELATING TO RETIREMENT FOR STATE EMPLOYEES AND OFFICERS).
24 Section 1605-B. Qualifying courses.
25 A concurrent course offered by an eligible postsecondary
26 institution as part of a program established under this article
27 shall meet the following requirements:
28 (1) The concurrent course shall be set forth in the
29 concurrent enrollment agreement and identified by the school
30 entity as fulfilling a graduation requirement.
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1 (2) The concurrent course shall be a course for which
2 the eligible postsecondary institution awards credit.
3 (3) The concurrent course may be conducted during the
4 school entity's regular school hours, notwithstanding any
5 other provision of this act.
6 Section 1606-B. Construction of article.
7 Programs established under this article shall not be
8 construed as extracurricular activities.
9 (b) Concurrent Enrollment.
10 Section 1611-B. Responsibilities of school entities and
11 eligible postsecondary institutions.
12 (a) Distribution.--
13 (1) Each school entity shall distribute promotional
14 materials provided by the department to all eighth and tenth
15 grade students enrolled in the school entity on or before
16 March 1 of each year.
17 (2) This subsection shall apply to any school entity
18 located within this Commonwealth, regardless of whether the
19 school entity participates in a local concurrent enrollment
20 program.
21 (b) Concurrent enrollment program.--A school entity seeking
22 a grant under section 1603-B(c) shall do all of the following:
23 (1) Enter into a concurrent enrollment agreement with an
24 eligible postsecondary institution or institutions, as
25 required under section 1613-B.
26 (2) Form a concurrent enrollment committee as required
27 under section 1612-B.
28 (c) Annual reporting information.--A school entity that
29 receives a grant under section 1603-B(c) shall submit an annual
30 report to the department. The report shall include:
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1 (1) The postsecondary institution or institutions with
2 which the school entity has established a local concurrent
3 enrollment program.
4 (2) The number of concurrent students participating in a
5 local concurrent enrollment program.
6 (3) The approved courses offered through a local
7 concurrent enrollment program.
8 (4) The total approved cost for each concurrent course.
9 (5) The total amount of grant funds received pursuant to
10 section 1603-B(c).
11 (d) Application for grant funds.--A school entity seeking
12 grant funds under section 1603-B(c) shall submit an application
13 to the department no later than August 15, 2005, for the 2005-
14 2006 school year and March 1 of each school year thereafter. The
15 application shall include:
16 (1) The total approved cost of each concurrent course in
17 which a concurrent student is enrolled.
18 (2) The number of concurrent students enrolled in each
19 concurrent course.
20 (3) The eligible postsecondary institution in which each
21 concurrent student is enrolled.
22 (4) The tuition, if any, for which a student is
23 responsible in order to enroll in a concurrent course.
24 (5) The number of low-income concurrent students.
25 Section 1612-B. Concurrent enrollment committees.
26 (a) Composition.--
27 (1) In order to be eligible for grant funds under
28 section 1603-B(c), a school entity shall form a concurrent
29 enrollment committee, which shall include no fewer than six
30 members.
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1 (2) At least four members shall be appointed by the
2 board of school directors of the school entity. At a minimum,
3 the members shall include:
4 (i) A parent of a student enrolled in the school
5 entity.
6 (ii) A teacher employed by the school entity.
7 (iii) An administrator employed by the school
8 entity.
9 (iv) A member of the board of school directors of
10 the school entity, who shall be the chairman.
11 (3) At least two members shall be appointed by each
12 eligible postsecondary institution participating in the local
13 concurrent enrollment program and shall be faculty members
14 representing departments with administrative authority over
15 one or more approved concurrent courses.
16 (b) Duties.--The concurrent enrollment committee shall do
17 all of the following:
18 (1) Develop a proposed concurrent enrollment agreement.
19 (2) Present the proposed concurrent enrollment agreement
20 to the board of school directors of the school entity for
21 approval.
22 (3) Meet no less than quarterly to review the concurrent
23 enrollment program.
24 (4) Recommend any changes to the local concurrent
25 enrollment program to the board of school directors of the
26 school entity.
27 (5) Develop criteria to permit students enrolled in the
28 school entity who are not qualified under section 1614-B(a)
29 to enroll in the local concurrent enrollment program.
30 Section 1613-B. Concurrent enrollment agreements.
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1 (a) Deadline.--In order to be eligible for funding under
2 section 1603-B(c), a concurrent enrollment committee shall
3 develop a concurrent enrollment agreement and present it to the
4 board of school directors of the school entity for approval
5 prior to the submission of a grant application pursuant to
6 section 1611-B(d).
7 (b) Required provisions.--The concurrent enrollment
8 agreement shall at a minimum include all of the following
9 provisions:
10 (1) A ratification or modification of all existing
11 concurrent enrollment agreements to meet the requirements of
12 this article.
13 (2) An explanation of the criteria used to determine
14 student qualification for concurrent enrollment, which shall
15 include all of the following:
16 (i) Postsecondary placement test scores.
17 (ii) The results of nationally available achievement
18 tests or other standardized tests included in the
19 participating school entity's local assessment system.
20 (iii) Satisfactory progress toward fulfilling
21 applicable secondary school graduation requirements, as
22 determined by the school entity.
23 (iv) Demonstrated readiness for college-level
24 coursework, as determined by the eligible postsecondary
25 institution.
26 (v) Status as a high school junior or senior.
27 (3) A description and an explanation of the criteria
28 used to determine concurrent courses, which shall include all
29 of the following:
30 (i) The course must be nonremedial.
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1 (ii) The course must be offered in a core academic
2 subject as defined by the No Child Left Behind Act of
3 2001.
4 (iii) The course, as offered to concurrent students,
5 must be identical to that offered when concurrent
6 students are not enrolled, including the use of an
7 identical curriculum, assessments and instructional
8 materials.
9 (iv) The course must enforce prerequisite coursework
10 requirements identical to those enforced for the course
11 when concurrent students are not enrolled.
12 (4) A description of minimum performance criteria, in
13 courses offered by the school entity and in concurrent
14 courses, required for students to remain in the local
15 concurrent enrollment program.
16 (5) An explanation of student transportation
17 responsibilities, if applicable.
18 (6) A list of all concurrent courses offered under a
19 concurrent enrollment agreement.
20 (7) The total approved cost of each concurrent course.
21 (8) Any additional provisions deemed appropriate by the
22 school entity and eligible postsecondary institution.
23 Section 1614-B. Enrollment in concurrent courses.
24 (a) Requirements for enrollment.--A student enrolled in a
25 school entity in this Commonwealth and who meets the student
26 qualifications as set forth in the concurrent enrollment
27 agreement may enroll in concurrent courses that are part of the
28 local concurrent enrollment agreement.
29 (b) Optional enrollment.--A student enrolled in a school
30 entity who does not qualify under subsection (a) may enroll in
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1 concurrent courses that are part of a local concurrent
2 enrollment program by meeting alternate criteria established by
3 the concurrent enrollment committee.
4 Section 1615-B. Credit for concurrent courses.
5 (a) Award.--A school entity shall award secondary credit for
6 a successfully completed concurrent course, with success being
7 determined by the eligible postsecondary institution and set
8 forth in the concurrent enrollment agreement under section 1613-
9 B(b)(4).
10 (b) Transcript.--A concurrent student's official secondary
11 school transcript shall reflect that credits for a concurrent
12 course were earned through an eligible postsecondary
13 institution.
14 (c) Transfer.--In the event that a student who has earned
15 credits for a concurrent course transfers to another school
16 entity in this Commonwealth, the receiving school entity shall
17 recognize the credits as applying toward the school entity's
18 graduation requirements.
19 (d) Postsecondary award.--
20 (1) If a concurrent student enrolls in a postsecondary
21 institution after graduation from secondary school, that
22 institution shall award postsecondary credit for any
23 concurrent courses successfully completed by the student at
24 the institution.
25 (2) If the student enrolls in a postsecondary
26 institution other than the one at which the student earned
27 the credits, that institution may grant credit for courses
28 successfully completed by the student.
29 (3) Community colleges, member institutions of the State
30 System of Higher Education and State-related institutions may
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1 not refuse to accept the credits based upon the fact that
2 they were earned through a local concurrent enrollment
3 program.
4 (e) Credit limit.--A student's concurrent course enrollment
5 may not exceed 24 postsecondary credits in any school year.
6 Section 2. This act shall take effect July 1, 2005, or
7 immediately, whichever is later.
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