| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1581, 1712 | PRINTER'S NO. 2227 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, CREIGHTON, DELOZIER, GRELL, HARPER, KAMPF, MARSICO, MICCARELLI, MURT, O'NEILL, QUIGLEY, SHAPIRO, TOEPEL, VEREB AND CALTAGIRONE, APRIL 20, 2011 |
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| SENATOR PICCOLA, EDUCATION, IN SENATE, RE-REPORTED AS AMENDED, JUNE 27, 2011 |
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| AN ACT |
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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," in preliminary provisions, further | <-- |
6 | providing for background checks of prospective employees and |
7 | conviction of employees of certain offenses; providing for | <-- |
8 | collection of identifying information of students attending |
9 | institutions of higher education, for moratorium on certain |
10 | data collection systems and data sets and for certified |
11 | safety committees; in school finances, providing for |
12 | reopening of 2011-2012 budget; in grounds and buildings, |
13 | providing for acquisition of buildings, sites for school |
14 | buildings and playgrounds and disposing thereof; further |
15 | providing for approval by department of plans of buildings |
16 | and exceptions and for approval of lease agreements; in |
17 | intermediate units, further providing for subsidies for |
18 | services and for financial reports; in district and assistant |
19 | superintendents, further providing for purpose and for |
20 | eligibility; in professional employees, providing for |
21 | professional and temporary professional employees of schools |
22 | formerly operated by the Commonwealth; in certification of |
23 | teachers, further providing for certificates qualifying |
24 | persons to teach, for kinds of State certificates, for |
25 | continuing professional development, for program of |
26 | continuing professional education, for continuing |
27 | professional education for school or system leaders and for |
28 | certificates issued by other states; providing for |
29 | postbaccalaureate certification; in pupils and attendance, |
30 | further providing for admission of beginners, for cost of |
31 | tuition and maintenance of certain exceptional children in |
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1 | approved institutions; in safe schools, further providing for |
2 | reporting, for safe schools advocate in school districts of |
3 | the first class, for standing and for enforcement; in |
4 | interscholastic athletics accountability, further providing |
5 | for council recommendations and standards; in opportunities |
6 | for educational excellence, further providing for |
7 | definitions, for responsibilities of school entities, for |
8 | concurrent enrollment committees, for concurrent enrollment |
9 | agreements and for enrollment in concurrent courses; in |
10 | charter schools, further providing for school staff; in |
11 | community colleges, further providing for financial program |
12 | and reimbursement of payments; in transfers of credits |
13 | between institutions of higher education, further providing |
14 | for duties of public institutions of higher education; |
15 | providing for participation by State-related institutions; in |
16 | funding for public libraries, providing for State aid for |
17 | 2011-2012; in reimbursements by Commonwealth and between |
18 | school districts, further providing for definitions, for |
19 | basic education funding for student achievement and for |
20 | accountability to Commonwealth taxpayers; providing for basic |
21 | education funding for 2010-2011 school year; and further |
22 | providing for payments to intermediate units, for special |
23 | education payments to school districts, for payments on |
24 | account of homebound children, for payments on account of |
25 | pupil transportation and for Pennsylvania Accountability |
26 | Grants. |
27 | The General Assembly of the Commonwealth of Pennsylvania |
28 | hereby enacts as follows: |
29 | Section 1. Section 111(e) of the act of March 10, 1949 | <-- |
30 | (P.L.30, No.14), known as the Public School Code of 1949, |
31 | amended December 23, 2003 (P.L.304, No.48), is amended to read: |
32 | Section 1. Section 111(e), (f) and (h) of the act of March | <-- |
33 | 10, 1949 (P.L.30, No.14), known as the Public School Code of |
34 | 1949, amended December 19, 1990 (P.L.1362, No.211) and December |
35 | 23, 2003 (P.L.304, No.48), are amended and the section is |
36 | amended by adding subsections to read: |
37 | Section 111. Background Checks of Prospective Employes; |
38 | Conviction of Employes of Certain Offenses.--* * * |
39 | (e) No person subject to this act shall be employed in a |
40 | public or private school, intermediate unit or area vocational- |
41 | technical school where the report of criminal history record |
42 | information indicates the applicant has been convicted[, within | <-- |
43 | five (5) years immediately preceding the date of the report,] of | <-- |
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1 | any of the following offenses: |
2 | (1) An offense under one or more of the following provisions |
3 | of Title 18 of the Pennsylvania Consolidated Statutes: |
4 | Chapter 25 (relating to criminal homicide). |
5 | Section 2702 (relating to aggravated assault). |
6 | [Former section 2709(b) (relating to stalking).] | <-- |
7 | Section 2709.1 (relating to stalking). |
8 | Section 2901 (relating to kidnapping). |
9 | Section 2902 (relating to unlawful restraint). |
10 | Section 2910 (relating to luring a child into a motor | <-- |
11 | vehicle or structure). |
12 | Section 3121 (relating to rape). |
13 | Section 3122.1 (relating to statutory sexual assault). |
14 | Section 3123 (relating to involuntary deviate sexual |
15 | intercourse). |
16 | Section 3124.1 (relating to sexual assault). |
17 | Section 3124.2 (relating to institutional sexual |
18 | assault). |
19 | Section 3125 (relating to aggravated indecent assault). |
20 | Section 3126 (relating to indecent assault). |
21 | Section 3127 (relating to indecent exposure). |
22 | Section 3129 (relating to sexual intercourse with | <-- |
23 | animal). |
24 | Section 4302 (relating to incest). |
25 | Section 4303 (relating to concealing death of child). |
26 | Section 4304 (relating to endangering welfare of |
27 | children). |
28 | Section 4305 (relating to dealing in infant children). |
29 | A felony offense under section 5902(b) (relating to |
30 | prostitution and related offenses). |
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1 | Section 5903(c) or (d) (relating to obscene and other |
2 | sexual materials and performances). |
3 | Section [6301] 6301(a)(1) (relating to corruption of | <-- |
4 | minors). |
5 | Section 6312 (relating to sexual abuse of children). |
6 | Section 6318 (relating to unlawful contact with minor). | <-- |
7 | Section 6319 (relating to solicitation of minors to |
8 | traffic drugs). |
9 | Section 6320 (relating to sexual exploitation of |
10 | children). |
11 | (2) An offense designated as a felony under the act of April |
12 | 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, |
13 | Drug, Device and Cosmetic Act." |
14 | (3) An [out-of-State or Federal] offense similar in nature | <-- |
15 | to those crimes listed in clauses (1) and (2) under the laws or | <-- |
16 | former laws of the United States or one of its territories or |
17 | possessions, another state, the District of Columbia, the |
18 | Commonwealth of Puerto Rico or a foreign nation, or under a |
19 | former law of this Commonwealth. |
20 | * * * | <-- |
21 | [(f) The requirements of this section shall not apply to | <-- |
22 | employes of public and private schools, intermediate units and |
23 | area vocational-technical schools who meet all the following |
24 | requirements: |
25 | (1) The employes are under twenty-one (21) years of age. |
26 | (2) They are employed for periods of ninety (90) days or |
27 | less. |
28 | (3) They are a part of a job development and/or job training |
29 | program funded in whole or in part by public or private sources. |
30 | Once employment of a person who meets these conditions |
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1 | extends beyond ninety (90) days, all requirements of this |
2 | section shall take effect.] |
3 | (f.1) (1) If the report of criminal history record |
4 | information indicates the person has been convicted of a felony |
5 | offense of the first, second or third degree other than those |
6 | enumerated under subsection (e), the person shall be eligible |
7 | for prospective employment only if a period of ten years has |
8 | elapsed from the date of expiration of the sentence for the |
9 | offense. |
10 | (2) If the conviction is for a misdemeanor of the first |
11 | degree, the person shall be eligible for prospective employment |
12 | only if a period of five years has elapsed from the date of |
13 | expiration of the sentence for the offense. |
14 | (3) If the report of criminal history record information |
15 | indicates the person has been convicted more than once for an |
16 | offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to |
17 | driving under influence of alcohol or controlled substance) and |
18 | the offense is graded as a misdemeanor of the first degree under |
19 | 75 Pa.C.S. § 3803 (relating to grading), the person shall be |
20 | eligible for prospective employment only if a period of three |
21 | years has elapsed from the date of expiration of the sentence |
22 | for the most recent offense. |
23 | (f.2) Nothing in this section shall be construed to |
24 | interfere with the ability of a public or private school, |
25 | intermediate unit or area vocational-technical school to make |
26 | employment, discipline or termination decisions. |
27 | * * * |
28 | (h) [No person employed in a public or private school on the |
29 | effective date of this section shall be required to obtain the |
30 | information required herein as a condition of continued |
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1 | employment.] Any person who has once obtained the information |
2 | required under this section may transfer to or provide services |
3 | to another school in the same district, diocese or religious |
4 | judicatory, or established and supervised by the same |
5 | organization and shall not be required to obtain additional |
6 | reports before making such transfer. |
7 | * * * |
8 | (j) (1) The department shall develop a standardized form to |
9 | be used by current and prospective employes of public and |
10 | private schools, intermediate units and area vocational- |
11 | technical schools for the written reporting by current and |
12 | prospective employes of any arrest or conviction for an offense |
13 | enumerated under subsection (e). The form shall provide a space |
14 | in which a current or prospective employe who has not been |
15 | convicted of or arrested for any such offense will respond "no |
16 | conviction" and "no arrest." The form also shall provide that |
17 | failure to accurately report any arrest or conviction for an |
18 | offense enumerated under subsection (e) shall subject the |
19 | current or prospective employe to criminal prosecution under 18 |
20 | Pa.C.S. § 4904 (relating to unsworn falsification to |
21 | authorities). The department shall publish the form on its |
22 | publicly accessible Internet website and in the Pennsylvania |
23 | Bulletin. |
24 | (2) Within ninety (90) days of the effective date of this |
25 | subsection, all current employes of a public or private school, |
26 | intermediate unit or area vocational-technical school shall |
27 | complete the form described in paragraph (1), indicating whether |
28 | or not they have been convicted of an offense enumerated under |
29 | subsection (e). |
30 | (3) If, as required in paragraph (2), an employe refuses to |
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1 | submit the form described in paragraph (1), the administrator or |
2 | other person responsible for employment decisions in a school or |
3 | other institution shall immediately require the employe to |
4 | submit to the administrator a current report of criminal history |
5 | record information as required under subsections (a.1), (b) and |
6 | (c.1). |
7 | (4) If the arrest or conviction for an offense enumerated |
8 | under subsection (e) occurs after the effective date of this |
9 | subsection, the employe shall provide the administrator or |
10 | designee with written notice utilizing the form provided for in |
11 | paragraph (1) not later than seventy-two (72) hours after an |
12 | arrest or conviction. |
13 | (5) If an administrator or other person responsible for |
14 | employment decisions in a school or other institution has a |
15 | reasonable belief that an employe was arrested or has a |
16 | conviction for an offense required to be reported under |
17 | paragraph (2) or (4) and the employe or prospective employe has |
18 | not notified the administrator as required under this section, |
19 | the administrator or other person responsible for employment |
20 | decisions in a school or other institution shall immediately |
21 | require the employe to submit to the administrator a current |
22 | report of criminal history record information as required under |
23 | subsections (a.1), (b) and (c.1). The cost of the criminal |
24 | background check shall be borne by the employing entity. |
25 | (6) (i) An employe who willfully fails to disclose a |
26 | conviction or an arrest for an offense enumerated under |
27 | subsection (e)(1) shall be subject to discipline up to and |
28 | including termination or denial of employment and may be subject |
29 | to criminal prosecution under 18 Pa.C.S. § 4904. |
30 | (ii) An employe who willfully fails to disclose a conviction |
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1 | of any other offense required to be reported by this section may |
2 | be subject to discipline and may be subject to criminal |
3 | prosecution under 18 Pa.C.S. § 4904. |
4 | Section 2. This act shall take effect in 60 days. | <-- |
5 | Section 2. The act is amended by adding sections to read: | <-- |
6 | Section 118. Collection of Identifying Information of |
7 | Students Attending Institutions of Higher Education.--(a) The |
8 | following provisions shall apply to the Department of |
9 | Education's collection of identifying information of students: |
10 | (1) The department may collect identifying information of |
11 | students only if the department is specifically required to do |
12 | so under Federal statute or regulation or under another |
13 | provision of this act. |
14 | (2) To the extent the department may collect identifying |
15 | information of a student under paragraph (1), the following |
16 | shall apply: |
17 | (i) Before collecting any identifying information from an |
18 | institution of higher education, the department shall provide |
19 | the institution of higher education with written notice of the |
20 | identifying information the department seeks to collect and the |
21 | date by which a student who wishes to do so may opt out of the |
22 | department's information collection. |
23 | (ii) Upon receiving the notice required under subparagraph |
24 | (i), the institution of higher education shall provide those |
25 | students who are subject to the request for identifying |
26 | information with electronic notice of the department's request |
27 | and of the students' ability to opt out of the department's |
28 | collection of identifying information by the date identified by |
29 | the department in subparagraph (i). The notice shall direct |
30 | students to an Internet web page maintained by the department |
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1 | which shall contain the following information: |
2 | (A) A description of the identifying information the |
3 | department seeks to collect. |
4 | (B) A statement of the department's legal authority to |
5 | collect the identifying information. |
6 | (C) A statement informing students that, by the date |
7 | identified by the department in subparagraph (i), they may opt |
8 | out of the department's collection of identifying information. |
9 | (D) An electronic link the student may use to opt out of the |
10 | department's collection of identifying information. |
11 | (iii) Following the opt-out date identified by the |
12 | department in subparagraph (i), the department shall provide the |
13 | institution of higher education with a list of those students |
14 | who have opted out of the department's collection of identifying |
15 | information. |
16 | (iv) The institution of higher education may provide the |
17 | department with identifying information for only those students |
18 | who have not opted out of the department's collection of |
19 | identifying information. |
20 | (3) Notwithstanding paragraph (1), the department may |
21 | collect student information in an aggregated format that does |
22 | not reveal the identifying information of an individual student. |
23 | (4) To the extent the Family Educational Rights and Privacy |
24 | Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a |
25 | successor Federal statute requires an institution of higher |
26 | education to obtain a student's written consent to the |
27 | disclosure of identifying information, those provisions shall |
28 | apply. |
29 | (5) An institution of higher education that discloses |
30 | identifying information to the department at the department's |
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1 | request shall not be held liable in any court of law for any |
2 | breach of confidentiality pertaining to such identifying |
3 | information that resulted from actions of the department or the |
4 | department's staff, contractors or researchers, whether paid or |
5 | unpaid. |
6 | (b) The Secretary of Education shall establish an advisory |
7 | committee to offer recommendations to the Department of |
8 | Education concerning the department's collection of identifying |
9 | information and other data from institutions of higher |
10 | education. The following shall apply to the advisory committee |
11 | established under this section: |
12 | (1) The secretary shall appoint six (6) members to the |
13 | advisory committee, including the following: |
14 | (i) A representative of a community college operating under |
15 | Article XIX-A. |
16 | (ii) A representative of the State System of Higher |
17 | Education. |
18 | (iii) A representative of an institution of higher education |
19 | that is designated as "State-related" by the Commonwealth. |
20 | (iv) A representative of an accredited private or |
21 | independent college or university. |
22 | (v) A representative of a private licensed school. |
23 | (vi) A representative of the department's information |
24 | technology staff. |
25 | (2) The advisory committee shall meet at least quarterly at |
26 | the call of the secretary or the secretary's designee, who shall |
27 | serve as chairperson. The first meeting of the advisory |
28 | committee shall occur within sixty (60) days of the effective |
29 | date of this section. |
30 | (3) Members of the advisory committee shall serve without |
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1 | compensation. |
2 | (c) For purposes of this section, the following words and |
3 | phrases shall have the following meanings: |
4 | "Identifying information" shall mean any document, |
5 | photographic, pictorial or computer image of another person, or |
6 | any fact used to establish identity, including, but not limited |
7 | to, a name, birth date, Social Security number, driver's license |
8 | number, nondriver governmental identification number, telephone |
9 | number, checking account number, savings account number, student |
10 | identification number, employe or payroll number, residence |
11 | address, mailing address, e-mail address or electronic |
12 | signature. |
13 | "Institution of higher education" includes any of the |
14 | following: |
15 | (1) A community college operating under Article XIX-A. |
16 | (2) A university within the State System of Higher |
17 | Education. |
18 | (3) The Pennsylvania State University. |
19 | (4) The University of Pittsburgh. |
20 | (5) Temple University. |
21 | (6) Lincoln University. |
22 | (7) Any other institution that is designated as "State- |
23 | related" by the Commonwealth. |
24 | (8) Any accredited private or independent college or |
25 | university. |
26 | (9) Any private licensed school as defined in the act of |
27 | December 15, 1986 (P.L.1585, No.174), known as the "Private |
28 | Licensed Schools Act." |
29 | "Student" shall mean a person who attends an institution of |
30 | higher education, whether enrolled on a full-time, part-time, |
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1 | credit or noncredit basis. |
2 | Section 221.1. Moratorium on Certain Data Collection Systems |
3 | and Data Sets.--(a) For the school years 2011-2012 and |
4 | 2012-2013, the Department of Education and the Department of |
5 | Public Welfare shall suspend the collection of data through |
6 | Pennsylvania's Enterprise to Link Information for Children |
7 | Across Network (PELICAN) and the Pennsylvania Information |
8 | Management System (PIMS) except as follows: |
9 | (1) Information required to meet Federal mandates in the |
10 | following: |
11 | (i) The Elementary and Secondary Education Act of 1965 |
12 | (Public Law 89-10, 79 Stat. 27). |
13 | (ii) The Individuals with Disabilities Education Act (Public |
14 | Law 91-230, 20 U.S.C. § 1400 et seq.). |
15 | (iii) The Educational Technical Assistance Act of 2002 |
16 | (Public Law 107-279, 116 Stat. 1975). |
17 | (iv) Title VI of the America COMPETES Act or the America |
18 | Creating Opportunities to Meaningfully Promote Excellence in |
19 | Technology, Education, and Science Act (Public Law 110-69, 121 |
20 | Stat. 572). |
21 | (v) The American Recovery and Reinvestment Act of 2009 |
22 | (Public Law 111-5, 123 Stat. 115). |
23 | (vi) The Head Start Act (Public Law 97-35, 42 U.S.C. § 9831 |
24 | et seq.). |
25 | (vii) The Child Care and Development Block Grant Act of 1990 |
26 | (Public Law 101-508, 42 U.S.C. § 9858 et seq.). |
27 | (viii) The Social Security Act (49 Stat. 620, 42 U.S.C. § |
28 | 301 et seq.). |
29 | (ix) Any data pursuant to other Federal requirements and to |
30 | meet eligibility requirements for Federal funds. |
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1 | (2) Pennsylvania Value-Added Assessment System (PVAAS), |
2 | including any revisions or improvements made to the system. |
3 | (3) Information required by the Department of Public Welfare |
4 | to supervise, license or register a child care provider under |
5 | Articles IX and X of the act of June 13, 1967 (P.L.31, No.21), |
6 | known as the "Public Welfare Code." |
7 | (4) Information relating to background checks required in |
8 | section 111 and in 23 Pa.C.S. §§ 6344 (relating to information |
9 | relating to prospective child-care personnel) and 6344.1 |
10 | (relating to information relating to family day-care home |
11 | residents). |
12 | (5) Information necessary for all payments or reimbursement |
13 | by the Commonwealth. |
14 | (6) Information required to be reported pursuant to Article |
15 | XIII-A of this act. |
16 | (b) The Department of Education and the Department of Public |
17 | Welfare shall notify their affected program participants no |
18 | later than August 1, 2011, of the data elements required to |
19 | comply with the laws and programs identified in subsection (a). |
20 | (c) By February 1, 2012, the Department of Education and the |
21 | Department of Public Welfare shall provide a report to the |
22 | Education Committee of the Senate, the Public Health and Welfare |
23 | Committee of the Senate, the Education Committee of the House of |
24 | Representatives, and the Children and Youth Committee of the |
25 | House of Representatives which shall include the following: |
26 | (1) Category of the data to include the child, family, |
27 | program and staff. |
28 | (2) Data elements to be collected and the law requiring the |
29 | data and its intended use. |
30 | (3) Total funding expended as of December 2011, including |
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1 | funding source to develop, implement and maintain the system. |
2 | (4) Long-term cost projections to administer and maintain |
3 | the information systems. The projections shall include costs to |
4 | the Commonwealth and the program participants. |
5 | (5) Any law needed to authorize the departments to collect, |
6 | use and distribute the information. |
7 | (d) The Department of Education and the Department of Public |
8 | Welfare shall not be required to complete reports that include |
9 | data elements within the moratorium of this section. |
10 | Section 223. Certified Safety Committees.--(a) The board of |
11 | directors of each school district shall take such steps as |
12 | necessary in order to have or maintain a certified safety |
13 | committee by June 30, 2011, or the effective date of this |
14 | section, whichever occurs later, for the purposes of section |
15 | 1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as |
16 | the "Workers' Compensation Act." |
17 | (b) The Department of Labor and Industry shall provide the |
18 | Department of Education with the list of school districts that |
19 | have certified safety committees. |
20 | (c) In the case of a school district that does not submit |
21 | evidence to the Department of Education that complies with this |
22 | section, the Department of Education shall deduct from any |
23 | allocation from the Commonwealth to which the school district is |
24 | entitled the amount of the discount the school district would |
25 | otherwise receive under section 1002(b) of the "Workers' |
26 | Compensation Act." |
27 | (d) This section shall not apply to a school district that |
28 | cannot receive a premium discount under section 1002(b) of the |
29 | "Workers' Compensation Act," or an equivalent reduction in |
30 | contribution rates, by establishing and maintaining a certified |
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1 | safety committee because it is authorized to self-insure its |
2 | liabilities under section 305 of the "Workers' Compensation Act" |
3 | or pool its liabilities under section 802 of the "Workers' |
4 | Compensation Act." |
5 | Section 615. Reopening of 2011-2012 Budget.--Notwithstanding |
6 | any other provision of law, a board of school directors of a |
7 | school district may reopen its 2011-2012 budget to reflect |
8 | Federal and State allocations for fiscal years 2010-2011 and |
9 | 2011-2012 provided by the act of , 2011 (P.L. , |
10 | No. ), known as the General Appropriation Act of 2011. |
11 | Section 3. Section 703 of the act, amended June 1, 1972 |
12 | (P.L.325, No.89), is amended to read: |
13 | Section 703. Acquisition of Buildings, Sites for School |
14 | Buildings and Playgrounds, and Disposing Thereof.--In order to |
15 | comply with the provisions of this act, and subject to the |
16 | conditions thereof, the board of school directors of each |
17 | district is hereby vested with the necessary power and authority |
18 | to acquire, in the name of the district, by purchase, lease, |
19 | gift, devise, agreement, condemnation, or otherwise, any and all |
20 | schools and real estate, either vacant or occupied, including |
21 | lands theretofore occupied by streets and alleys which have been |
22 | vacated by municipal authorities, and to acquire by purchase, |
23 | lease, gift or devise, other buildings approved for school use |
24 | by the Department of Education as the board of school directors |
25 | may deem necessary to furnish school buildings or other suitable |
26 | sites for proper school purposes for said district or to enlarge |
27 | the grounds of any school property held by such district, and to |
28 | sell, convey, transfer, dispose of, or abandon the same, or any |
29 | part thereof, as the board of school directors may determine. |
30 | Approval of the Department of Education shall not be required |
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1 | for school buildings and playgrounds on any school construction |
2 | project for which State reimbursement is not requested. |
3 | Section 4. Section 731(1) of the act, amended June 27, 1973 |
4 | (P.L.75, No.34), is amended to read: |
5 | Section 731. Approval by Department of Plans, etc., of |
6 | Buildings; Exceptions.--The Department of Education, with |
7 | respect to construction or reconstruction of public school |
8 | buildings, shall have the power and its duties shall be: |
9 | (1) To review all projects, plans and specifications for |
10 | school building construction or reconstruction, and to make |
11 | recommendations thereon to the General Assembly and the |
12 | Governor; Provided, however, That approval of the Department of |
13 | Education shall not be required for projects, plans and |
14 | specifications for school construction projects for which |
15 | reimbursement from the Commonwealth is not requested; |
16 | * * * |
17 | Section 5. Section 731.1 of the act, added December 6, 1972 |
18 | (P.L.1445, No.323), is amended to read: |
19 | Section 731.1. Approval of Lease Agreements.--No building |
20 | facilities for school use authorized under the provisions of |
21 | section 703.1, shall be leased by any school district until such |
22 | lease agreement has been approved by the Department of |
23 | Education. Such approval shall not be given unless the building |
24 | facilities to be leased meet the standards required to operate |
25 | public school buildings in use in the Commonwealth; Provided, |
26 | however, That Department of Education approval of any lease |
27 | agreement shall not be required for any lease agreement for |
28 | which Commonwealth reimbursement is not requested. |
29 | Section 6. Section 907-A of the act, added May 4, 1970 |
30 | (P.L.311, No.102), is amended to read: |
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1 | Section 907-A. Subsidies for Services.--(a) Intermediate |
2 | units shall receive subsidies from the Commonwealth as herein |
3 | provided only for services performed pursuant to and authorized |
4 | by law, as hereinafter provided. Nothing contained herein shall |
5 | prohibit intermediate units from receiving funds from school |
6 | districts and other sources including nonpublic nonprofit |
7 | schools and expending such funds to provide additional services |
8 | not included in the approved program of services. |
9 | (b) No later than February 1, 2012, and by February 1 of |
10 | each year thereafter, an intermediate unit shall submit to the |
11 | Department of Education a report on subsidies and funds received |
12 | in accordance with this section. |
13 | (1) The report shall include, but not be limited to, the |
14 | following information: |
15 | (i) A listing of all contracts, interagency |
16 | agreements, intergovernmental agreements, purchase |
17 | orders, memoranda of understanding, agreements and other |
18 | arrangements between a Commonwealth agency and an |
19 | intermediate unit or between intermediate units in an |
20 | amount greater than $50,000. |
21 | (ii) With respect to each item listed under |
22 | subparagraph (i), the following: |
23 | (A) The total amount and duration of the item, |
24 | including the annual amount if the item covers |
25 | multiple years. |
26 | (B) The sources and amounts of funds needed to |
27 | cover the entire cost of the item. |
28 | (C) A description of programs or services, or |
29 | both, being provided, including performance measures |
30 | by which the intermediate unit will be assessed and |
|
1 | penalties for nonperformance. |
2 | (D) A description of the selection process used |
3 | in entering into the item. |
4 | (E) A listing of all employes, contractors and |
5 | agents covered under the item, the duties of each |
6 | individual and the remuneration provided to each |
7 | individual. |
8 | (2) The Department of Education shall develop the format |
9 | to be used by the intermediate units preparing the report |
10 | required under paragraph (1). |
11 | (3) The Department of Education shall post the reports |
12 | on its publicly accessible Internet website. |
13 | (4) The first report shall cover fiscal years 2009-2010 |
14 | and 2010-2011. Each future report shall cover the previous |
15 | fiscal year. |
16 | Section 7. Section 921-A of the act is amended by adding a |
17 | subsection to read: |
18 | Section 921-A. Financial reports.--* * * |
19 | (a.1) The Department of Education shall post on its publicly |
20 | accessible Internet website information included in the |
21 | intermediate units' annual financial reports. In posting the |
22 | information, the Department of Education shall use a format |
23 | consistent with the format the Department of Education uses when |
24 | posting the annual financial report information of other local |
25 | education agencies. |
26 | * * * |
27 | Section 8. Article X heading and section 1001 of the act, |
28 | amended January 14, 1970 (1969 P.L.468, No.192), are amended to |
29 | read: |
30 | ARTICLE X. |
|
1 | DISTRICT SUPERINTENDENTS AND |
2 | ASSISTANT DISTRICT SUPERINTENDENTS. |
3 | Section 1001. Purpose.--For the superintendence and |
4 | supervision of the public schools of this Commonwealth, there |
5 | shall be elected or appointed, in the manner herein provided, |
6 | district superintendents, and assistant district |
7 | superintendents. |
8 | Section 9. Section 1003 of the act, amended July 20, 2007 |
9 | (P.L.278, No.45), is amended to read: |
10 | Section 1003. Eligibility.--[No] (a) Except as otherwise |
11 | provided in subsection (b), no person shall [be eligible for |
12 | election or appointment] receive a letter of eligibility or be |
13 | elected or appointed as a district[,] superintendent or |
14 | assistant district superintendent, unless-- |
15 | (1) He holds a diploma from a college or other institution |
16 | approved by the Department of Education; |
17 | (2) He has had six (6) years' successful teaching |
18 | experience, not less than three of which shall have been in a |
19 | supervisory or administrative capacity; |
20 | (3) He has completed in a college or university a graduate |
21 | program in education approved by the Department of Education |
22 | that includes the Pennsylvania school leadership standards under |
23 | section 1217. Completion of the program shall not be subject to |
24 | waiver under section 1714-B unless the candidate provides to the |
25 | Secretary of Education evidence that the candidate has |
26 | successfully completed an equivalent leadership development |
27 | program that addresses the school leadership standards under |
28 | section 1217. |
29 | (4) Provided that in school districts of the first class, |
30 | five (5) years of administrative experience at the level of |
|
1 | assistant, associate or deputy superintendent, may be |
2 | substituted for prescribed graduate administrative courses, and |
3 | which shall be the responsibility of the Secretary of Education |
4 | to review these equivalences to conform with State board |
5 | regulations. |
6 | [Serving either as county, district, or assistant county or |
7 | district superintendent, or associate superintendent, in this |
8 | Commonwealth, at the time this act becomes effective, shall, |
9 | irrespective of the foregoing requirements, be considered |
10 | sufficient qualification for any of the aforesaid offices.] |
11 | (b) Notwithstanding the requirements of subsection (a), a |
12 | person shall be eligible for election or appointment as a |
13 | district superintendent or assistant district superintendent if |
14 | he holds a graduate degree from an accredited higher education |
15 | institution in business or finance and has at least four (4) |
16 | years of relevant experience in business, finance or management. |
17 | (c) Notwithstanding the provisions of sections 1205.1(f), |
18 | 1205.2(n.1) and 1205.5(h), a person elected or appointed as a |
19 | district superintendent or assistant district superintendent for |
20 | the first time in this Commonwealth under subsection (b) shall |
21 | successfully complete a leadership development program that |
22 | meets the Pennsylvania school leadership standards under section |
23 | 1217. |
24 | Section 10. The act is amended by adding a section to read: |
25 | Section 1134. Professional and Temporary Professional |
26 | Employes of Schools Formerly Operated by the Commonwealth.--(a) |
27 | The following provisions shall apply to professional and |
28 | temporary professional employes of a school formerly operated by |
29 | the Commonwealth: |
30 | (1) The Commonwealth shall create a pool for each school |
|
1 | comprised of the professional and temporary professional |
2 | employes who have received formal notice of suspension from the |
3 | Commonwealth as a result of the Commonwealth's decision to cease |
4 | Commonwealth operation of the school. |
5 | (2) For the three school years immediately following the |
6 | formal notice of suspension from the Commonwealth, employes in a |
7 | pool created under paragraph (1) shall be offered employment by |
8 | each eligible school entity as determined under paragraph (4) |
9 | associated with the applicable pool created under paragraph (1), |
10 | when that eligible school entity has a vacancy for a position |
11 | that an employe in the applicable pool is properly certified to |
12 | fill, provided that no employe of the eligible school entity in |
13 | which the vacancy exists, including a suspended or demoted |
14 | employe, has a right to the vacancy under this act or the |
15 | collective bargaining agreement of the respective eligible |
16 | school entity. |
17 | (3) For the three school years immediately following the |
18 | formal notice of suspension from the Commonwealth, no new |
19 | employe shall be hired by an eligible school entity as |
20 | determined under paragraph (4) associated with the applicable |
21 | pool created under paragraph (1), until the position has been |
22 | offered, in order of seniority, to all properly certified |
23 | members of the applicable pool created under paragraph (1). |
24 | (4) For the purpose of paragraphs (2) and (3), an "eligible |
25 | school entity" shall be determined as follows: |
26 | (i) a school district, vocational-technical school or |
27 | intermediate unit, the administration building of which is 17 |
28 | miles or less from the administration building of a school |
29 | formerly operated by the Commonwealth or a school district which |
30 | is adjacent to the school district in which a school formerly |
|
1 | operated by the Commonwealth was situate; or |
2 | (ii) a school district with average daily membership greater |
3 | than or equal to 8,000, the administration building of which is |
4 | 45 miles or less from the administration building of a school |
5 | formerly operated by the Commonwealth, and which relies on State |
6 | revenue for not less than fifty per centum (50%) of the school |
7 | district's total budget in one of the two most recent years for |
8 | which data has been published on the Department of Education's |
9 | publicly accessible Internet website. |
10 | (b) (1) Employes hired from a pool under subsection (a)(2) |
11 | and former employes of a school formerly operated by the |
12 | Commonwealth who resigned from a school formerly operated by the |
13 | Commonwealth within the six months prior to October 9, 2009, and |
14 | who accepted employment at a school district, intermediate unit |
15 | or vocational-technical school shall be credited by the hiring |
16 | school district, intermediate unit or vocational-technical |
17 | school for all sick leave accumulated in the school and shall be |
18 | credited for years of service in the school for purposes of |
19 | salary schedule placement. |
20 | (2) Such employes shall further be credited for their years |
21 | of service in the school for purposes of sabbatical leave |
22 | eligibility, suspension and realignment rights and eligibility |
23 | for any retirement incentives or severance payments in a hiring |
24 | school district, intermediate unit or vocational-technical |
25 | school. |
26 | (3) Nothing in this paragraph shall be construed to |
27 | supersede or preempt any provision of an individual employment |
28 | agreement between a school district, intermediate unit or |
29 | vocational-technical school and an employe entered into prior to |
30 | October 9, 2009, or any provision of a collective bargaining |
|
1 | agreement in effect as of October 9, 2009, and negotiated by a |
2 | school entity and an exclusive representative of the employes in |
3 | accordance with the act of July 23, 1970 (P.L.563, No.195), |
4 | known as the "Public Employe Relations Act." |
5 | (c) This section shall expire on June 30, 2012. |
6 | Section 11. Section 1201 of the act, amended January 14, |
7 | 1970 (1969 P.L.468, No.192), is amended to read: |
8 | Section 1201. Certificates Qualifying Persons to Teach.-- |
9 | Only those persons holding one of the following certificates |
10 | shall be qualified to teach in the public schools of this |
11 | Commonwealth--(1) Permanent college certificate, (2) provisional |
12 | college certificate, (3) normal school diploma, (4) normal |
13 | school certificate, (5) special permanent certificate, (6) |
14 | special temporary certificate, (7) permanent State certificate, |
15 | (8) residency certificate, (9) intern certificate, (10) |
16 | certificates which are permanent licenses to teach by virtue of |
17 | the provisions of section one thousand three hundred eight of |
18 | the act, approved the eighteenth day of May, one thousand nine |
19 | hundred eleven (Pamphlet Laws 309), as amended, which is |
20 | repealed hereby, or [(9)] (11) such other kinds of certificates |
21 | as are issued under the standards prescribed by the State Board |
22 | of Education. The State Board of Education shall also provide |
23 | for issuance of certificates by district superintendents to meet |
24 | such emergencies or shortage of teachers as may occur. |
25 | Section 12. Section 1203 of the act is amended to read: |
26 | Section 1203. Kinds of State Certificates.--(a) State |
27 | certificates hereafter granted shall include the following: |
28 | Provisional College Certificates, |
29 | Permanent College Certificates, |
30 | Certificates issued by other states and validated by the |
|
1 | Superintendent of Public Instruction, |
2 | Special Temporary Certificates, |
3 | Special Permanent Certificates[.], |
4 | Residency Certificates, |
5 | Intern Certificates. |
6 | (b) All persons receiving any of such certificates shall |
7 | have qualifications not less than graduation from a State |
8 | Teachers' College of this Commonwealth, or equivalent training. |
9 | Postbaccalaureate certification programs, including residency, |
10 | intern and administrative certification programs completed under |
11 | section 1207.1, are equivalent training for purposes of this |
12 | act. |
13 | (c) Every college certificate shall set forth the names of |
14 | the college or university from which its holder was graduated. |
15 | State certificates shall entitle their holders to teach in every |
16 | part of this Commonwealth for the terms herein specified. |
17 | Section 13. Section 1205.1 of the act is amended by adding a |
18 | subsection to read: |
19 | Section 1205.1. Continuing Professional Development.--* * * |
20 | (f) (1) Beginning on the effective date of this subsection, |
21 | the requirements under this section shall be suspended until |
22 | June 30, 2013. |
23 | (2) Notwithstanding this subsection, the provisions of |
24 | sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that |
25 | candidates for appointment as a district superintendent or |
26 | assistant district superintendent and candidates for |
27 | administrative and vocational director certificates complete a |
28 | leadership development program that meets the Pennsylvania |
29 | school leadership standards under section 1217 shall not be |
30 | suspended. |
|
1 | Section 14. Section 1205.2(a) and (f) of the act, amended |
2 | July 13, 2005 (P.L.226, No.46) and February 2, 2006 (P.L.19, |
3 | No.5), are amended and the section is amended by adding a |
4 | subsection to read: |
5 | Section 1205.2. Program of Continuing Professional |
6 | Education.--(a) A continuing professional education program is |
7 | hereby established for professional educators, the satisfactory |
8 | completion of which is required to maintain active |
9 | certification. Except as provided in subsection [(j.1)] (n.1), |
10 | the continuing professional education program shall require the |
11 | satisfactory completion of continuing professional education |
12 | every five (5) years, which shall include: |
13 | (1) six (6) credits of collegiate study; |
14 | (2) six (6) credits of continuing professional education |
15 | courses; |
16 | (3) one hundred eighty (180) hours of continuing |
17 | professional education programs, activities or learning |
18 | experiences; or |
19 | (4) any combination of collegiate studies, continuing |
20 | professional education courses, or other programs, activities or |
21 | learning experiences equivalent to one hundred eighty (180) |
22 | hours. |
23 | * * * |
24 | (f) [The] Except as provided in subsection (n.1), the |
25 | department shall annually provide a minimum of forty (40) hours |
26 | of continuing professional education courses, programs, |
27 | activities or learning experiences at no charge to professional |
28 | educators. In providing these courses, the department shall seek |
29 | to use the most efficient and cost-effective means possible, |
30 | including the use of advanced technology such as CD-ROM, the |
|
1 | Internet and distance communication. |
2 | * * * |
3 | (n.1) (1) Beginning on the effective date of this |
4 | subsection, the requirements under subsections (a) and (f) shall |
5 | be suspended until June 30, 2013. During that time, the |
6 | Legislative Budget and Finance Committee shall conduct a study |
7 | of the costs and benefits of the continuing professional |
8 | education program which shall be due on March 1, 2013. On July |
9 | 1, 2013, each professional educator shall have the same number |
10 | of hours of continuing professional education and the same |
11 | amount of time in which to complete those hours as existed for |
12 | the professional educator on the effective date of this |
13 | subsection; provided, however, that any continuing professional |
14 | education credits or hours completed by a professional educator |
15 | during the period of suspension under this subsection shall be |
16 | credited to the professional educator's continuing professional |
17 | education record. |
18 | (2) Notwithstanding this subsection, the provisions of |
19 | sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that |
20 | candidates for appointment as a district superintendent or |
21 | assistant district superintendent and candidates for |
22 | administrative and vocational director certificates complete a |
23 | leadership development program that meets the Pennsylvania |
24 | school leadership standards under section 1217 shall not be |
25 | suspended. |
26 | * * * |
27 | Section 15. Section 1205.5 of the act is amended by adding a |
28 | subsection to read: |
29 | Section 1205.5. Continuing Professional Education for School |
30 | or System Leaders.--* * * |
|
1 | (h) (1) Beginning on the effective date of this subsection, |
2 | the requirements of subsections (a), (c) and (d) shall be |
3 | suspended until June 30, 2013. |
4 | (2) Notwithstanding this subsection, the provisions of |
5 | sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that |
6 | candidates for appointment as a district superintendent or |
7 | assistant district superintendent and candidates for |
8 | administrative and vocational director certificates complete a |
9 | leadership development program that meets the Pennsylvania |
10 | school leadership standards under section 1217 shall not be |
11 | suspended. |
12 | Section 16. Section 1206 of the act is amended to read: |
13 | Section 1206. Certificates Issued by Other States.--[The |
14 | Superintendent of Public Instruction may validate in this |
15 | Commonwealth teachers' certificates issued by other states, or |
16 | by the State normal schools or colleges of other states, whose |
17 | requirements are equivalent to those of this Commonwealth. Such |
18 | validation of certificates may be revoked by the Superintendent |
19 | of Public Instruction at any time.] (a) Candidates holding a |
20 | valid instructional certificate issued by another state may be |
21 | eligible for comparable Pennsylvania certification provided that |
22 | the candidate meets the following requirements: |
23 | (1) Holds a bachelor's degree from an accredited college or |
24 | university. |
25 | (2) Has at least two (2) years of successful classroom |
26 | experience. |
27 | (3) Demonstrates subject matter competency in the applicable |
28 | area of Pennsylvania certification. |
29 | (4) Satisfies the requirements of section 1209. |
30 | (b) The Secretary of Education shall adopt standards and |
|
1 | guidelines as necessary to implement this section. |
2 | (c) Nothing in this section shall be construed to prohibit |
3 | the Secretary of Education from certifying out-of-State |
4 | applicants in accordance with regulations of the Department of |
5 | Education or the State Board of Education. |
6 | Section 17. The act is amended by adding a section to read: |
7 | Section 1207.1. Postbaccalaureate Certification.--(a) |
8 | Notwithstanding any other provision of law to the contrary, the |
9 | Secretary of Education shall have all of the following powers |
10 | and duties with regard to postbaccalaureate certification |
11 | programs: |
12 | (1) Evaluate and approve, in accordance with this section, |
13 | all postbaccalaureate certification programs, including |
14 | accelerated programs, leading to the certification of |
15 | professional personnel including intern certification programs, |
16 | residency certification programs and administrative |
17 | certification programs. |
18 | (2) Evaluate and approve qualified providers of |
19 | postbaccalaureate certification programs, which may include |
20 | providers other than institutions of higher education, and |
21 | ensure that the approval process designed for program providers |
22 | which are not institutions of higher education enables high- |
23 | quality, nontraditional program providers to seek and gain |
24 | approval. |
25 | (3) Develop guidelines for the approval of flexible |
26 | postbaccalaureate instructional certification programs. Such |
27 | program guidelines shall address: |
28 | (i) Instruction and training in the following: |
29 | (A) Educational strategies for the designated subject area. |
30 | (B) Child development specifically related to the level of |
|
1 | the certificate sought. |
2 | (C) Professional ethics and responsibilities. |
3 | (D) Pennsylvania academic standards. |
4 | (E) Assessment knowledge and skills. |
5 | (F) Accommodations and adaptations for students with |
6 | disabilities in an inclusive setting. |
7 | (G) Strategies for meeting instructional needs of English |
8 | language learners. |
9 | (ii) Requirements for candidate oversight and mentoring that |
10 | may include field placement, student teaching, classroom |
11 | observations and ongoing support for novice educators in |
12 | partnership with local education agencies during their induction |
13 | period, including observation, consultation and assessment that |
14 | includes close supervision by a professional employe. |
15 | (4) Issue certificates in accordance with this section to |
16 | qualified candidates. |
17 | (5) Adopt standards and guidelines as necessary to implement |
18 | this section. |
19 | (b) (1) The Secretary of Education may make a one-time |
20 | issuance of a residency certificate for service in a specific |
21 | shortage area of instruction in public schools of this |
22 | Commonwealth to an applicant who meets all of the following: |
23 | (i) Satisfies the requirements specified under section 1209. |
24 | (ii) Meets one of the following: |
25 | (A) Holds a doctoral degree or master's degree from an |
26 | accredited college or university in the subject area of |
27 | shortage. |
28 | (B) Holds a bachelor's degree from an accredited college or |
29 | university in the subject area of shortage and has at least |
30 | three (3) years of work experience in the subject area or |
|
1 | related field. |
2 | (iii) Is continuously enrolled in an approved residency |
3 | program. |
4 | (iv) Presents evidence of satisfactory achievement on the |
5 | appropriate subject area content test. |
6 | (2) A residency certificate shall be valid for three (3) |
7 | years of teaching in the public schools of this Commonwealth in |
8 | the area for which it applies. |
9 | (3) The Secretary of Education shall have all of the |
10 | following powers and duties related to the issuance of residency |
11 | certificates: |
12 | (i) Identify areas of certification in which there is a |
13 | Statewide or regional shortage of qualified teachers. |
14 | (ii) Develop guidelines for the residency program in |
15 | accordance with subsection (a). |
16 | (iii) Issue residency certificates to qualified applicants. |
17 | (iv) Report annually to the State Board of Education on the |
18 | number of residency certificates issued under this section. |
19 | (4) A residency certificate may be converted to an |
20 | Instructional I Certificate upon the completion of all residency |
21 | program requirements under Department of Education guidelines |
22 | and the completion of three (3) years of satisfactory teaching |
23 | in the public schools of this Commonwealth. |
24 | (c) (1) Postbaccalaureate instructional intern |
25 | certification programs shall provide flexible and accelerated |
26 | pedagogical training to teachers who have demonstrated subject |
27 | matter competency in a subject area related to their |
28 | certification. |
29 | (2) The Secretary of Education may make a one-time issuance |
30 | of a postbaccalaureate instructional intern certificate for |
|
1 | service in a specific area of instruction to candidates who, in |
2 | addition to meeting the requirements of section 1209, present |
3 | evidence of satisfactory achievement on the department- |
4 | prescribed subject matter assessments related to the area of |
5 | certification and hold a bachelor's degree from an accredited |
6 | college or university. This certificate shall require continuing |
7 | enrollment in an approved postbaccalaureate instructional intern |
8 | certification program. |
9 | (3) A postbaccalaureate instructional intern certificate |
10 | shall be valid for three (3) years of teaching in the public |
11 | schools of this Commonwealth and may not be renewed. |
12 | (4) A candidate shall be issued an Instructional I |
13 | Certificate upon successful completion of the approved |
14 | postbaccalaureate instructional intern program provided that the |
15 | candidate has satisfied the requirements of section 1209. |
16 | (d) (1) Notwithstanding any other provision of law, no |
17 | person shall be granted an administrative certificate or a |
18 | vocational director certificate by the Department of Education |
19 | unless: |
20 | (i) The candidate holds a bachelor's degree from an |
21 | accredited college or university. |
22 | (ii) The candidate has had three (3) years of relevant |
23 | professional experience. |
24 | (iii) The candidate satisfies the requirements of section |
25 | 1209. |
26 | (iv) Notwithstanding the provisions of sections 1205.1(f), |
27 | 1205.2(n.1) and 1205.5(h), the candidate has completed in a |
28 | college or university a graduate program in education approved |
29 | by the Department of Education or has provided to the Secretary |
30 | of Education, within two years of employment in the school or |
|
1 | system leadership position for which the candidate was |
2 | certified, satisfactory evidence that the candidate has |
3 | successfully completed a leadership development program that |
4 | meets the Pennsylvania school leadership standards under section |
5 | 1217 and has demonstrated knowledge of basic school laws and |
6 | regulations. |
7 | (2) The Secretary of Education may adopt standards and |
8 | guidelines as necessary to implement this section. |
9 | (e) Notwithstanding any other provision of law, no candidate |
10 | for certification or admission into a certification preparation |
11 | program who holds a bachelor's degree from a regionally |
12 | accredited college or university shall be required to complete |
13 | the academic preparation requirements of 22 Pa. Code Ch. 354 |
14 | (relating to preparation of professional educators). |
15 | (f) Nothing in this section shall be construed to prohibit |
16 | the State Board of Education from authorizing certification |
17 | programs in accordance with State law, nor shall this section be |
18 | construed to impact any programs that have been authorized by |
19 | the State Board of Education prior to the effective date of this |
20 | section. |
21 | Section 18. Section 1304 of the act, amended January 14, |
22 | 1970 (1969 P.L.468, No.192), is amended to read: |
23 | Section 1304. Admission of Beginners.--[The admission of] |
24 | (a) School districts shall admit beginners to the public |
25 | schools [shall be confined to] during at least the first two |
26 | weeks of the annual school term in districts operating on an |
27 | annual promotion basis[,] and [to] during the first two weeks of |
28 | either the first or the second semester of the school term in |
29 | districts operating on a semi-annual promotion basis; |
30 | thereafter, the admission of beginners shall be at the |
|
1 | discretion of each school district. |
2 | (b) Admission shall be limited to beginners who have |
3 | attained the age of five years and seven months before the first |
4 | day of September if they are to be admitted in the fall, and to |
5 | those who have attained the age of five years and seven months |
6 | before the first day of February if they are to be admitted at |
7 | the beginning of the second semester. The board of school |
8 | directors of any school district may admit beginners who are |
9 | less than five years and seven months of age, in accordance with |
10 | standards prescribed by the State Board of Education. The board |
11 | of school directors may refuse to accept or retain beginners who |
12 | have not attained a mental age of five years, as determined by |
13 | the supervisor of special education or a properly certificated |
14 | public school psychologist in accordance with standards |
15 | prescribed by the State Board of Education. |
16 | (c) The term "beginners," as used in this section, shall |
17 | mean any child that should enter the lowest grade of the primary |
18 | school or the lowest primary class above the kindergarten level. |
19 | Section 19. Section 1376(c.1) of the act, amended July 4, |
20 | 2004 (P.L.536, No.70), is amended to read: |
21 | Section 1376. Cost of Tuition and Maintenance of Certain |
22 | Exceptional Children in Approved Institutions.--* * * |
23 | [(c.1) Any funds remaining from the appropriation line items |
24 | "for special education - approved private schools" or for |
25 | Pennsylvania Charter Schools for the Deaf and Blind from the |
26 | general appropriations acts for fiscal years 1978-1979 and each |
27 | fiscal year thereafter shall be transferred by the State |
28 | Treasurer into a restricted account (continuing appropriation) |
29 | for audit resolution which is hereby established. The Department |
30 | of Education shall also deposit into this restricted account any |
|
1 | funds returned to or recovered by the department from approved |
2 | private schools or chartered schools for overpayments during |
3 | fiscal years 1978-1979 and each fiscal year thereafter. The |
4 | funds in the restricted account are hereby appropriated upon |
5 | approval of the Governor to the Department of Education for |
6 | payments to approved private schools for audit resolutions for |
7 | fiscal years 1978-1979 through 2003-2004. During the 1995-1996 |
8 | fiscal year and during each fiscal year thereafter, the |
9 | Department of Education shall review the activity in the |
10 | restricted account and may recommend that the Governor authorize |
11 | the lapsing into the General Fund of any funds that are |
12 | estimated not to be needed for audit resolution.] |
13 | * * * |
14 | Section 20. Section 1303-A(c)(1) of the act, amended |
15 | November 17, 2010 (P.L.996, No.104), is amended to read: |
16 | Section 1303-A. Reporting.--* * * |
17 | (c) Each chief school administrator shall form an advisory |
18 | committee composed of relevant school staff, including, but not |
19 | limited to, principals, security personnel, school resource |
20 | officers, guidance counselors and special education |
21 | administrators, to assist in the development of a memorandum of |
22 | understanding pursuant to this section. In consultation with the |
23 | advisory committee, each chief school administrator shall enter |
24 | into a memorandum of understanding with police departments |
25 | having jurisdiction over school property of the school entity. |
26 | Each chief school administrator shall submit a copy of the |
27 | memorandum of understanding to the office by June 30, 2011, and |
28 | biennially update and re-execute a memorandum of understanding |
29 | with local law enforcement and file such memorandum with the |
30 | office on a biennial basis. The memorandum of understanding |
|
1 | shall be signed by the chief school administrator, the chief of |
2 | police of the police department with jurisdiction over the |
3 | relevant school property and principals of each school building |
4 | of the school entity. The memorandum of understanding shall |
5 | comply with the regulations promulgated by the State Board of |
6 | Education under section 1302.1-A and shall also include: |
7 | (1) The procedure for police department review of the |
8 | [semiannual] annual report required under subsection (b) prior |
9 | to the chief school administrator filing the report required |
10 | under subsection (b) with the office. |
11 | * * * |
12 | Section 21. Section 1310-A(a) and (b)(6) and (8) of the act, |
13 | added November 22, 2000 (P.L.672, No.91), are amended to read: |
14 | Section 1310-A. Safe Schools Advocate in School Districts of |
15 | the First Class.--(a) The [Secretary of Education] Executive |
16 | Director of the Pennsylvania Commission on Crime and Delinquency |
17 | shall establish, within the [office] commission, a safe schools |
18 | advocate for each school district of the first class. The |
19 | advocate shall not be subject to the act of August 5, 1941 |
20 | (P.L.752, No.286), known as the "Civil Service Act." The |
21 | advocate shall establish and maintain an office within the |
22 | school district. |
23 | (b) The safe schools advocate shall have the power and its |
24 | duties shall be: |
25 | * * * |
26 | (6) To review and analyze Federal and State statutes which |
27 | may be an impediment to school safety and the imposition of |
28 | discipline for the commission of acts of violence on school |
29 | property and to prepare, by April 30, 2001, and as necessary |
30 | from time to time thereafter, reports making recommendations for |
|
1 | changes to the statutes which would promote school safety and |
2 | facilitate effective and expedient disciplinary action. The |
3 | reports shall be submitted to the secretary and the Executive |
4 | Director of the Pennsylvania Commission on Crime and |
5 | Delinquency. |
6 | * * * |
7 | (8) To prepare an annual report regarding the activities of |
8 | the advocate during the prior fiscal year and any |
9 | recommendations for remedial legislation, regulations or school |
10 | district administrative reforms, which shall be submitted to the |
11 | school district superintendent, the secretary, the Executive |
12 | Director of the Pennsylvania Commission on Crime and |
13 | Delinquency, the chairperson of the Education Committee of the |
14 | Senate and the chairperson of the Education Committee of the |
15 | House of Representatives by August 15 of each year. |
16 | * * * |
17 | Section 22. Section 1311-A of the act, amended June 22, 2001 |
18 | (P.L.530, No.35), is amended to read: |
19 | Section 1311-A. Standing.--(a) If a student in a school |
20 | district of the first class is a victim of an act of violence |
21 | involving a weapon on school property and the student who |
22 | possessed the weapon was not expelled under section 1317.2, the |
23 | parent or guardian of the victim shall have standing to |
24 | institute a legal proceeding to obtain expulsion of the student. |
25 | (b) The Office of General Counsel shall have standing to |
26 | bring an action on behalf of a victim or the parent or guardian |
27 | of a victim of an act of violence in a school in a school |
28 | district of the first class to modify, clarify or eliminate a |
29 | consent decree that is related to discipline in the district if, |
30 | in consultation with the advocate, the Office of General Counsel |
|
1 | believes that the action is in the best interests of the |
2 | students of the school district. |
3 | (c) (1) The [Secretary of Education] Executive Director of |
4 | the Pennsylvania Commission on Crime and Delinquency in |
5 | consultation with the General Counsel may designate a portion of |
6 | the funds provided for the safe schools advocate [for]: |
7 | (i) For contracts for legal services to assist low-income |
8 | parents or guardians of victims to obtain legal services for |
9 | proceedings under subsection (a). [The Secretary of Education in |
10 | consultation with the General Counsel may designate a portion of |
11 | the funds provided for the advocate to] |
12 | (ii) To challenge a consent decree under subsection (b) or |
13 | to bring an action under sections 1310-A(c)(5) and 1312-A(a). |
14 | (2) The designation of attorneys to receive funds under this |
15 | subsection shall be within the discretion of the Office of |
16 | General Counsel after consultation with the safe schools |
17 | advocate. |
18 | (3) Designated funds which are not expended under this |
19 | subsection shall lapse to the General Fund. |
20 | (d) Legal proceedings under this section shall be conducted |
21 | by an attorney designated by the Office of General Counsel in |
22 | consultation with the safe schools advocate. The attorney must |
23 | be a member of the bar in good standing. |
24 | [(e) The appropriation for the Office of School Victim |
25 | Advocate in section 202 of the act of May 24, 2000 (P.L.1086, |
26 | No.21A), known as the "General Appropriation Act of 2000," shall |
27 | be used to implement this section and sections 1310-A and 1312- |
28 | A.] |
29 | (f) As used in this section, "low-income parent or guardian" |
30 | shall mean a parent whose family income is no greater than two |
|
1 | hundred fifty per centum (250%) of the Federal poverty level. |
2 | Section 23. Section 1312-A of the act, added November 22, |
3 | 2000 (P.L.672, No.91), is amended to read: |
4 | Section 1312-A. Enforcement.--(a) (1) If the school |
5 | district of the first class fails to comply with requirements to |
6 | provide information to the safe schools advocate under section |
7 | 1310-A, the advocate shall provide documentation of the failure |
8 | to the [Department of Education] Secretary of Education and the |
9 | Pennsylvania Commission on Crime and Delinquency. |
10 | (2) If the [department] secretary determines that there is |
11 | noncompliance, the [department] secretary shall notify the |
12 | advocate and the Office of General Counsel. The Office of |
13 | General Counsel, in consultation with the safe schools advocate, |
14 | shall designate an attorney to bring an action in a court of |
15 | competent jurisdiction to enforce section 1310-A. |
16 | (3) If the secretary determines that the school district of |
17 | the first class has complied with the requirements to provide |
18 | information to the safe schools advocate under section 1310-A, |
19 | the secretary shall convene a public hearing at which the safe |
20 | schools advocate shall be permitted to testify regarding the |
21 | alleged noncompliance. |
22 | (b) Legal proceedings under subsection (a) shall be |
23 | conducted by an attorney designated by the Office of General |
24 | Counsel in consultation with the safe schools advocate. The |
25 | attorney must be a member of the bar in good standing. |
26 | Section 24. Section 1604-A(b) of the act is amended by |
27 | adding a paragraph to read: |
28 | Section 1604-A. Council Recommendations and Standards.--* * |
29 | * |
30 | (b) The association shall take all steps necessary to comply |
|
1 | with the following standards: |
2 | * * * |
3 | (14) By August 8, 2011, establish a policy requiring that |
4 | students who in the current or prior school year attended a |
5 | school entity that has abolished its program of interscholastic |
6 | athletics in whole or in part shall be eligible to participate |
7 | without penalty in the program of interscholastic athletics of |
8 | another school entity in which they are currently enrolled, |
9 | provided that: |
10 | (i) If the association fails to establish and enforce the |
11 | policy, no school entity may be a member of the association and |
12 | may not pay dues to the association directly or indirectly |
13 | through an affiliated organization. |
14 | (ii) No school entity that is a member of the association |
15 | may recruit to participate in its program of interscholastic |
16 | athletics any students who attend a school entity that has |
17 | abolished its program of interscholastic athletics. |
18 | (iii) If a school entity that has abolished its program of |
19 | interscholastic athletics in whole or in part reinstates its |
20 | program of interscholastic athletics in whole or in part in a |
21 | subsequent year, a student who is currently or was previously |
22 | enrolled in the school entity but who has participated in the |
23 | program of interscholastic athletics of another school entity |
24 | under this section shall be eligible to participate without |
25 | penalty in the program of interscholastic athletics of the |
26 | school entity that reinstated its previously abolished program |
27 | in whole or in part. |
28 | Section 25. The definition of "concurrent enrollment |
29 | committee" in section 1602-B of the act, added July 13, 2005 |
30 | (P.L.226, No.46), is amended to read: |
|
1 | Section 1602-B. Definitions. |
2 | The following words and phrases when used in this article |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | ["Concurrent enrollment committee." A committee comprised of |
7 | representatives from a school entity and eligible postsecondary |
8 | institutions with which it offers a concurrent enrollment |
9 | program.] |
10 | * * * |
11 | Section 26. Section 1611-B(a) of the act, amended July 11, |
12 | 2006 (P.L.1092, No.114), is amended to read: |
13 | Section 1611-B. Responsibilities of school entities. |
14 | (a) Concurrent enrollment program.--A school entity seeking |
15 | a grant under section 1603-B(c) shall do all of the following: |
16 | (1) Enter into a concurrent enrollment agreement with an |
17 | eligible postsecondary institution or institutions as |
18 | required under section 1613-B. |
19 | [(2) Form a concurrent enrollment committee as required |
20 | under section 1612-B.] |
21 | (3) (i) Except as provided in subparagraph (ii), |
22 | provide, no later than 90 days prior to the date on which |
23 | an application is submitted pursuant to subsection (c), |
24 | written notice of the availability of the concurrent |
25 | enrollment program to: |
26 | (A) Any nonpublic or private school for which |
27 | the school entity provides free transportation as |
28 | required under section 1361. |
29 | (B) Any charter school approved to operate |
30 | within the school entity. |
|
1 | (C) The parents of students enrolled in a home |
2 | education program under section 1327.1. |
3 | (ii) For the 2006-2007 school year, a school entity |
4 | shall provide the information required under this |
5 | subparagraph no later than 30 days prior to the date on |
6 | which an application is submitted under subsection (c). |
7 | * * * |
8 | Section 27. Section 1612-B of the act, added July 13, 2005 |
9 | (P.L.226, No.46), is repealed: |
10 | [Section 1612-B. Concurrent enrollment committees. |
11 | (a) Composition.-- |
12 | (1) (i) Subject to the provisions of subparagraph (ii), |
13 | in order to be eligible for grant funds under section |
14 | 1603-B(c), a school entity shall form a concurrent |
15 | enrollment committee, which shall include no fewer than |
16 | six members. |
17 | (ii) The number of committee members appointed under |
18 | paragraph (3) or (4) shall not exceed the number of |
19 | committee members appointed under paragraph (2). |
20 | (2) At least four members shall be appointed by the |
21 | board of school directors of the school entity. At a minimum, |
22 | the members shall include: |
23 | (i) A parent of a high school student enrolled in |
24 | the school entity. |
25 | (ii) A teacher employed by the school entity and |
26 | selected by the teachers of the school entity. |
27 | (iii) An administrator employed by the school entity |
28 | and selected by the superintendent of the school entity. |
29 | (iv) A member of the board of school directors of |
30 | the school entity, who shall be the chairman. |
|
1 | (3) At least two members shall be appointed by each |
2 | eligible postsecondary institution participating in the |
3 | concurrent enrollment program, of which at least one shall be |
4 | a faculty member representing a department with |
5 | administrative authority over one or more approved concurrent |
6 | courses. |
7 | (4) Where more than three eligible postsecondary |
8 | institutions participate in the concurrent enrollment |
9 | program, one member shall be appointed by each eligible |
10 | postsecondary institution. |
11 | (b) Duties.--The concurrent enrollment committee shall do |
12 | all of the following: |
13 | (1) Develop a proposed concurrent enrollment agreement, |
14 | which may include separate, individual agreements with each |
15 | eligible postsecondary institution with members appointed to |
16 | the concurrent enrollment committee. |
17 | (2) Present the proposed concurrent enrollment agreement |
18 | to the board of school directors of the school entity for |
19 | approval. |
20 | (3) Meet no less than quarterly to review the concurrent |
21 | enrollment program. |
22 | (4) Recommend any changes to the concurrent enrollment |
23 | program to the board of school directors of the school |
24 | entity. |
25 | (5) Develop criteria to permit students who are not |
26 | qualified under section 1614-B(a) to enroll in the concurrent |
27 | enrollment program.] |
28 | Section 28. Sections 1613-B(a) and 1614-B(b) of the act, |
29 | added July 13, 2005 (P.L.226, No.46), are amended to read: |
30 | Section 1613-B. Concurrent enrollment agreements. |
|
1 | (a) Deadline.--In order to be eligible for funding under |
2 | section 1603-B(c), a [concurrent enrollment committee] school |
3 | entity shall develop a concurrent enrollment agreement and |
4 | present it to [the board of school directors of the school |
5 | entity and to] each eligible postsecondary institution [with |
6 | members appointed to the concurrent enrollment committee] |
7 | participating in the concurrent enrollment program for approval |
8 | prior to the submission of a grant application pursuant to |
9 | section 1611-B(c). |
10 | * * * |
11 | Section 1614-B. Enrollment in concurrent courses. |
12 | * * * |
13 | (b) Optional enrollment.--A student enrolled in a school |
14 | district, charter school, area vocational-technical school, |
15 | nonpublic school, private school or home education program who |
16 | does not qualify under subsection (a) may enroll in concurrent |
17 | courses that are part of a concurrent enrollment program |
18 | approved by the student's school district of residence or the |
19 | area vocational-technical school in which the student is |
20 | enrolled by meeting alternate criteria [established by the |
21 | concurrent enrollment committee] agreed upon by the school |
22 | entity and the eligible postsecondary institution at which the |
23 | student seeks to enroll in concurrent courses, provided that the |
24 | charter school, nonpublic school, private school or home |
25 | education program awards secondary credit for a successfully |
26 | completed concurrent course. The student shall be included in |
27 | the number of students reported to the department under section |
28 | 1611-B(b) and (c). |
29 | Section 29. Section 1724-A(c) of the act, added June 19, |
30 | 1997 (P.L.225, No.22), is amended to read: |
|
1 | Section 1724-A. School Staff.--* * * |
2 | (c) All employes of a charter school shall be enrolled in |
3 | the Public School [Employee's] Employees' Retirement System in |
4 | the same manner as set forth in 24 Pa.C.S. § 8301(a) (relating |
5 | to mandatory and optional membership) unless at the time of the |
6 | application for the charter school the sponsoring district or |
7 | the board of trustees of the charter school has a retirement |
8 | program which covers the employes or the employe is currently |
9 | enrolled in another retirement program. The Commonwealth shall |
10 | make contributions on behalf of charter school employes[, and |
11 | the] enrolled in the Public School Employees' Retirement System. |
12 | The charter school shall be considered a school district and |
13 | shall make payments by employers to the Public School Employees' |
14 | Retirement System and payments on account of Social Security as |
15 | established under 24 Pa.C.S. Pt. IV (relating to retirement for |
16 | school employees). [For purposes of payments by employers, a |
17 | charter school shall be considered a school district under 24 |
18 | Pa.C.S. § 8329(a)(1) (relating to payments on account of social |
19 | security deductions from appropriations).] The market |
20 | value/income aid ratio used in calculating payments as |
21 | prescribed in this subsection shall be the market value/income |
22 | aid ratio for the school district in which the charter school is |
23 | located or, in the case of a regional charter school, shall be a |
24 | composite market value/income aid ratio for the participating |
25 | school districts as determined by the department. Except as |
26 | otherwise provided, employes of a charter school shall make |
27 | regular member contributions as required for active members |
28 | under 24 Pa.C.S. Pt. IV. If the employes of the charter school |
29 | participate in another retirement plan, then those employes |
30 | shall have no concurrent claim on the benefits provided to |
|
1 | public school employes under 24 Pa.C.S. Pt. IV. For purposes of |
2 | this subsection, a charter school shall be deemed to be a |
3 | "public school" as defined in 24 Pa.C.S. § 8102 (relating to |
4 | definitions). |
5 | * * * |
6 | Section 30. Section 1913-A(b)(1.6) of the act, amended July |
7 | 9, 2008 (P.L.846, No.61), is amended to read: |
8 | Section 1913-A. Financial Program; Reimbursement of |
9 | Payments.--* * * |
10 | (b) * * * |
11 | (1.6) For the 2006-2007 fiscal year and each fiscal year |
12 | thereafter, the payment for a community college shall consist of |
13 | the following: |
14 | (i) Each community college shall receive an amount equal to |
15 | the reimbursement for operating costs, base supplement and |
16 | growth supplement amounts it received in the immediately |
17 | preceding fiscal year. |
18 | (ii) Each community college shall receive an economic |
19 | development stipend as calculated under clause (1.7). The amount |
20 | available for economic development stipends shall increase each |
21 | year by the percent increase in the State appropriation for |
22 | payment of approved operating expenses of community colleges and |
23 | may include any other private or public funds appropriated or |
24 | otherwise made available to the Department of Education for that |
25 | purpose. |
26 | (iii) Each community college shall receive a base supplement |
27 | determined by: |
28 | (A) subtracting the total amount of funds determined under |
29 | subclauses (i) and (ii) from the State appropriation for payment |
30 | of approved operating expenses of community colleges; |
|
1 | (B) dividing the payment under subclause (i) by the sum of |
2 | the amounts determined for all community colleges under |
3 | subclause (i); and |
4 | (C) multiplying the quotient from paragraph (B) by an amount |
5 | equal to seventy-five percent (75%) of the amount determined |
6 | under paragraph (A). |
7 | (iv) Each community college with an equivalent full-time |
8 | enrollment in credit, noncredit and workforce development |
9 | courses for the year prior to the immediately preceding year |
10 | greater than its equivalent full-time enrollment in credit, |
11 | noncredit and workforce development courses for the second year |
12 | prior to the immediately preceding year shall receive a growth |
13 | supplement amount determined by: |
14 | (A) subtracting its equivalent full-time enrollment in |
15 | credit, noncredit and workforce development courses for the |
16 | second year prior to the immediately preceding year from its |
17 | equivalent full-time enrollment in credit, noncredit and |
18 | workforce development courses for the year prior to the |
19 | immediately preceding year; |
20 | (B) dividing the difference from paragraph (A) by the sum of |
21 | the differences from paragraph (A) for all community colleges; |
22 | and |
23 | (C) multiplying the amount from paragraph (B) by an amount |
24 | equal to twenty-five percent (25%) of the amount determined |
25 | under subclause (iii)(A). |
26 | Secondary senior high school students enrolled in credit- |
27 | bearing, nonremedial college courses shall be included in the |
28 | calculation under paragraph (A). Calculations under this |
29 | subclause shall be based upon the audited financial statements |
30 | submitted by a community college pursuant to subsection (k.1). |
|
1 | (v) Subclauses (i), (ii), (iii) and (iv) shall not apply to |
2 | the 2011-2012 fiscal year. |
3 | (vi) For the 2011-2012 fiscal year, each community college |
4 | shall receive an amount equal to the sum of the following: |
5 | (A) A reimbursement for operating costs determined by: |
6 | (I) dividing the amount of funding that the community |
7 | college received in fiscal year 2010-2011 under section |
8 | 1722-L(a)(7) of the act of April 9, 1929 (P.L.343, No.176), |
9 | known as "The Fiscal Code," by the total amount of funding |
10 | provided to all community colleges in fiscal year 2010-2011 |
11 | under section 1722-L(a)(7) of "The Fiscal Code"; and |
12 | (II) multiplying the quotient under subparagraph (I) by |
13 | $168,167,000. |
14 | (B) An economic development stipend determined by: |
15 | (I) dividing the amount of funding that the community |
16 | college received in fiscal year 2010-2011 under section 1722- |
17 | L(a)(7) of the act of April 9, 1929 (P.L.343, No.176), known as |
18 | "The Fiscal Code," by the total amount of funding provided to |
19 | all community colleges in fiscal year 2010-2011 under section |
20 | 1722-L(a)(7) of The Fiscal Code; and |
21 | (II) multiplying the quotient under subparagraph (I) by |
22 | $44,000,000. |
23 | * * * |
24 | Section 31. Section 2002-C of the act is amended by adding a |
25 | subsection to read: |
26 | Section 2002-C. Duties of public institutions of higher |
27 | education. |
28 | * * * |
29 | (c) Other duties.--Each public institution of higher |
30 | education shall do all of the following: |
|
1 | (1) Agree to accept with full junior standing the |
2 | associate of arts or associate of science degree into a |
3 | parallel baccalaureate program as outlined in paragraph (3) |
4 | by the timelines established by the Transfer and Articulation |
5 | Oversight Committee but no later than December 31, 2011. For |
6 | purposes of this paragraph, an associate of arts or associate |
7 | of science degree is a degree designed primarily for transfer |
8 | to a baccalaureate institution and must contain a minimum of |
9 | 60 credits. |
10 | (2) Submit to the Department of Education interim |
11 | reports outlining the actions that the public institution of |
12 | higher education has undertaken or intends to undertake to |
13 | comply with paragraph (1). |
14 | (3) As a member of the Transfer and Articulation |
15 | Oversight Committee established in section 2004-C: |
16 | (i) Consult with the Department of Education on a |
17 | process and timeline, subject to approval by the |
18 | department, to identify the associate of arts or |
19 | associate of science degree aligned with the graduation |
20 | requirements of the parallel baccalaureate degree in all |
21 | public institutions of higher education in consultation |
22 | with faculty and personnel. |
23 | (ii) Identify associate of arts or associate of |
24 | science degree programs for transfer with full junior |
25 | standing into a parallel baccalaureate degree in |
26 | consultation with faculty and personnel in those degree |
27 | programs by December 31, 2011. |
28 | (iii) Identify modifications that may be required in |
29 | existing associate or baccalaureate degrees to satisfy |
30 | external accreditation or licensure requirements in |
|
1 | consultation with faculty and personnel. Approved |
2 | modifications shall recognize all competencies attained |
3 | within either the associate or baccalaureate programs. |
4 | (iv) Define requirements, in consultation with |
5 | faculty and personnel, for education degrees, including |
6 | early childhood education degrees, leading to |
7 | certification to be included in an associate degree and |
8 | to be accepted for transfer with full junior standing |
9 | into a parallel baccalaureate degree program. |
10 | Section 32. The act is amended by adding sections to read: |
11 | Section 2006.1-C. Participation by State-related institutions. |
12 | (a) Identification.--Each State-related institution shall |
13 | identify 30 credit hours of course content from equivalent |
14 | courses identified under this article that it will accept from a |
15 | student accepted for transfer from an institution of higher |
16 | education participating in this article. A State-related |
17 | institution shall count a course in the same manner that it |
18 | would count the same or equivalent course if taken by a student |
19 | at the State-related institution. A State-related institution |
20 | that previously identified 30 credit hours shall be deemed to |
21 | have satisfied the provisions of this subsection. |
22 | (b) Posting.--Each State-related institution shall make the |
23 | information identified under subsection (a) available to the |
24 | department for posting on the department's publicly accessible |
25 | Internet website. |
26 | (c) Construction.--Nothing in this section shall be |
27 | construed to do any of the following: |
28 | (1) Require a State-related institution to apply a |
29 | course to graduation or degree requirements if that course or |
30 | its equivalent course would not be applied to graduation or |
|
1 | degree requirements if taken at the State-related |
2 | institution. |
3 | (2) Infringe on a State-related institution's sole |
4 | authority to accept a student for transfer, to determine |
5 | acceptance into a major, to determine the campus assignment |
6 | of the student or to determine how many and which credit |
7 | hours shall apply for the transfer student toward the |
8 | completion of a degree. The manner in which accepted courses |
9 | apply toward completion of a degree and whether they are |
10 | counted for general education, major or free elective credit |
11 | shall be subject to the requirements established by the |
12 | accepting State-related institution for each individual major |
13 | or program of study. |
14 | (3) Prohibit a State-related institution's ability to |
15 | enter into discussions with the department to increase the |
16 | number of credits under subsection (a). |
17 | Section 2318. State aid for fiscal year 2011-2012. |
18 | Notwithstanding any other provision of law to the contrary, |
19 | each library subject to the act of June 14, 1961 (P.L.324, |
20 | No.188), known as The Library Code, shall be eligible for State- |
21 | aid for fiscal year 2011-2012 which shall consist of the |
22 | following: |
23 | (1) Funds appropriated for libraries shall be |
24 | distributed to each library under the following formula: |
25 | (i) Divide the amount of funding that the library |
26 | received in fiscal year 2010-2011 under section |
27 | 1722-L(12) of the act of April 9, 1929 (P.L.364, No.176), |
28 | known as The Fiscal Code, by the total State-aid subsidy |
29 | for fiscal year 2010-2011. |
30 | (ii) Multiply the quotient under subparagraph (i) by |
|
1 | the total State-aid subsidy for 2011-2012. |
2 | (2) Following distribution of funds appropriated for |
3 | State-aid to libraries, any remaining funds may be |
4 | distributed at the discretion of the State Librarian. |
5 | (3) If funds appropriated for State-aid to libraries in |
6 | fiscal year 2011-2012 are less than funds appropriated in |
7 | fiscal year 2002-2003, the State Librarian may waive |
8 | standards as prescribed in section 103 of The Library Code, |
9 | relating to hours of operation, continuing professional |
10 | development, collections, expenditures and other aspects of |
11 | library operation. |
12 | (4) (i) Each library system receiving State-aid under |
13 | this section may distribute the local library share of |
14 | that aid in a manner as determined by the board of |
15 | directors of the library system. |
16 | (ii) Subparagraph (i) shall not apply to a library |
17 | system operating in a county of the second class. |
18 | Section 33. The definition of "average daily membership" in |
19 | section 2501(3) of the act, amended July 9, 2008 (P.L.846, |
20 | No.61), is amended to read: |
21 | Section 2501. Definitions.--For the purposes of this article |
22 | the following terms shall have the following meanings: |
23 | * * * |
24 | (3) "Average Daily Membership" shall be computed in |
25 | accordance with rules of procedure as established by the |
26 | Secretary of Education. For the purpose of calculating the basic |
27 | education funding allocation [under section 2502.48] for the |
28 | 2007-2008 school year and each school year thereafter, the |
29 | computation shall be adjusted for each level of instruction as |
30 | follows: |
|
1 | (i) Half-time prekindergarten and half-time kindergarten: . |
2 | 50; |
3 | (ii) full-time prekindergarten, full-time kindergarten, |
4 | elementary and secondary: 1.00. |
5 | A child on whose behalf payment is made under section 1514-D |
6 | shall not be included in this calculation. |
7 | * * * |
8 | Section 34. Section 2502.48(c)(2) of the act, added July 9, |
9 | 2008 (P.L.846, No.61), is amended to read: |
10 | Section 2502.48. Basic Education Funding for Student |
11 | Achievement.--* * * |
12 | (c) * * * |
13 | (2) [In furtherance of the General Assembly's long-standing |
14 | commitment to providing adequate funding that will ensure |
15 | equitable State and local investments in public education and in |
16 | order to enable students to attain applicable Federal and State |
17 | academic standards, it is the goal of this Commonwealth to |
18 | review and meet State funding targets by fiscal year 2013-2014.] |
19 | (Reserved). |
20 | Section 35. Section 2502.49 of the act, added July 9, 2008 |
21 | (P.L.846, No.61), is repealed: |
22 | [Section 2502.49. Accountability to Commonwealth |
23 | Taxpayers.--(a) In any school district where the amount of |
24 | basic education funding allocated pursuant to section 2502.48 |
25 | exceeds the amount of basic education funding allocated to the |
26 | school district in the prior fiscal year by more than the index, |
27 | the board of school directors shall use one hundred percent |
28 | (100%) of the portion of the increase that exceeds the index as |
29 | follows: |
30 | (1) At least eighty percent (80%) of such funds shall be |
|
1 | used to offer any of the following for the first time or to |
2 | expand any of the following: |
3 | (i) Programs that increase the amount of student |
4 | instructional time, which may include tutoring, an extension of |
5 | the school day or school calendar or intensive support for |
6 | students who have limited English proficiency. |
7 | (ii) Implementation of new curricula or course offerings |
8 | that increase the number of students who graduate from high |
9 | school prepared for college and high-skill careers. |
10 | (iii) Training of professional employes in the delivery of a |
11 | curriculum that increases the number of students who graduate |
12 | from high school prepared for college and high-skill careers, in |
13 | strategies for addressing the learning needs of students at risk |
14 | of academic failure or needing remediation or in strategies to |
15 | ensure that students stay in school until graduation and |
16 | successfully transition to postsecondary education or the work |
17 | force. |
18 | (iv) Reduction of class size. |
19 | (v) Prekindergarten or full-day kindergarten. |
20 | (vi) Incentives for the most effective highly qualified |
21 | teachers and principals to work in a school identified for |
22 | improvement or corrective action. |
23 | (vii) School library services, which may include the |
24 | employment of school librarians or additional school library |
25 | staff or the purchase of printed or electronic materials or |
26 | other resources for the school library collection. |
27 | (2) No more than ten percent (10%) of such funds may be used |
28 | to maintain existing programs that meet the criteria of |
29 | paragraph (1) or for one-time costs necessary to the delivery of |
30 | instruction that shall include books, materials or other |
|
1 | supplies. |
2 | (3) No more than ten percent (10%) of such funds may be used |
3 | for other programs or activities that are essential to achieving |
4 | or maintaining academic performance targets and that are based |
5 | on sound research or for one-time costs necessary to the |
6 | delivery of instruction that shall include books, materials or |
7 | other supplies. |
8 | (b) The following shall apply: |
9 | (1) A school district subject to this section shall submit a |
10 | plan to the Department of Education no later than August 1, |
11 | 2008, and no later than April 15 of each year thereafter, |
12 | detailing its intended use of funds subject to this section in |
13 | the subsequent fiscal year. If a general appropriation bill that |
14 | includes basic education funding for the applicable fiscal year |
15 | has not been enacted prior to the deadline, a school district |
16 | shall base its plan on the amount of basic education funding |
17 | proposed in an executive budget and posted on the department's |
18 | Internet website. |
19 | (2) The department shall review all plans and may provide |
20 | recommendations to school districts within forty-five (45) days |
21 | of receipt of the plan. |
22 | (3) Within ninety (90) days of receipt of a plan submitted |
23 | by a school district identified for warning, improvement or |
24 | corrective action or a school district with one or more schools |
25 | identified for improvement or corrective action, the department |
26 | shall approve or disapprove the plan. The department shall |
27 | provide a written explanation to the board of school directors |
28 | of any school district whose plan is disapproved. |
29 | (4) A school district whose plan has been disapproved shall |
30 | amend and resubmit its plan as necessary until approved by the |
|
1 | department. |
2 | (c) The department shall approve any school district |
3 | achievement plan that: |
4 | (1) meets the requirements of this section; |
5 | (2) addresses the academic challenges identified in the |
6 | school district's most recent student achievement results, with |
7 | specific focus on individual schools, grade levels and |
8 | populations of students that demonstrate inadequate levels of |
9 | student achievement; and |
10 | (3) in the determination of the department, describes |
11 | programs and strategies that are most likely to improve student |
12 | achievement in the school district. |
13 | (d) For any school district where approval of a plan is |
14 | required pursuant to subsection (b), and notwithstanding any |
15 | other provision of law to the contrary, the department shall |
16 | withhold the portion of the increase in basic education funding |
17 | which exceeds the index until such a time as a plan is approved. |
18 | (e) The Department of Education shall: |
19 | (1) Provide technical assistance to any school district upon |
20 | request for the development of a plan pursuant to this section. |
21 | (2) Determine the form and manner in which school districts |
22 | shall submit a plan pursuant to this section. |
23 | (3) Review all plans submitted to the department and approve |
24 | or disapprove plans as required pursuant to this section. |
25 | (f) Nothing in this section shall supersede or preempt any |
26 | provisions of a collective bargaining agreement between a school |
27 | entity and an employe organization in effect on the effective |
28 | date of this section.] |
29 | Section 36. The act is amended by adding a section to read: |
30 | Section 2502.50. Basic Education Funding for 2010-2011 |
|
1 | School Year.--(a) For the 2010-2011 school year, the |
2 | Commonwealth shall determine the basic education funding |
3 | allocation as follows: |
4 | (1) Calculate a base supplement for each school district by |
5 | multiplying its average daily membership by the base amount for |
6 | the funding year. |
7 | (2) Calculate an English language learner supplement for |
8 | each qualifying school district as follows: |
9 | (i) Determine the school district's English language learner |
10 | concentration by dividing its number of enrolled students |
11 | identified as limited English proficient by its average daily |
12 | membership for the funding year. |
13 | (ii) Multiply the school district's number of students |
14 | identified as limited English proficient for the funding year by |
15 | the English language learner factor based on its English |
16 | language learner concentration. |
17 | (3) Calculate a poverty supplement for each qualifying |
18 | school district as follows: |
19 | (i) Determine the school district's poverty concentration by |
20 | dividing its number of students eligible for free or reduced- |
21 | price meals under the National School Lunch Program on October |
22 | 31 in the funding year by its average daily membership for the |
23 | funding year. |
24 | (ii) Multiply the school district's number of students |
25 | eligible for free or reduced-price meals under the National |
26 | School Lunch Program on October 31 in the funding year by the |
27 | poverty factor based on its poverty concentration. |
28 | (4) Calculate a district size supplement for each qualifying |
29 | school district by multiplying its average daily membership by |
30 | the district size factor for the funding year. |
|
1 | (5) Add the amounts under paragraphs (1), (2), (3) and (4). |
2 | (6) Multiply the sum under paragraph (5) by the State share |
3 | factor for the funding year. |
4 | (b) For the 2010-2011 school year, the Commonwealth shall |
5 | pay to each school district a basic education funding allocation |
6 | which shall consist of the following: |
7 | (1) An amount equal to its basic education funding |
8 | allocation for the 2009-2010 school year from the State |
9 | appropriation and Education Jobs Fund appropriation pursuant to |
10 | section 2502.48 of this act and section 1722-L(a)(14)(i) and |
11 | (ii) of the act of April 9, 1929 (P.L.343, No.176), known as |
12 | "The Fiscal Code." |
13 | (2) A student-focused funding supplement calculated with the |
14 | following factors: |
15 | (i) A base amount equal to one hundred dollars ($100). |
16 | (ii) An English language learner factor equal to: |
17 | (A) the base amount multiplied by three-tenths (0.3), if the |
18 | school district's English language learner concentration for the |
19 | 2009-2010 school year is less than one percent (1%); or |
20 | (B) the base amount multiplied by two-tenths (0.2), if the |
21 | school district's English language learner concentration for the |
22 | 2009-2010 school year is equal to or greater than one percent |
23 | (1%). |
24 | (iii) A poverty factor equal to: |
25 | (A) the base amount multiplied by two-tenths (0.2), if the |
26 | school district's poverty concentration for the 2009-2010 school |
27 | year is less than forty percent (40%); or |
28 | (B) the base amount multiplied by three-tenths (0.3), if the |
29 | school district's poverty concentration for the 2009-2010 school |
30 | year is equal to or greater than forty percent (40%). |
|
1 | (iv) A district size factor equal to: |
2 | (A) the base amount multiplied by one-tenth (0.1), if the |
3 | school district's average daily membership for the 2009-2010 |
4 | school year is equal to or less than one thousand (1,000); or |
5 | (B) the base amount multiplied by five one-hundredths |
6 | (0.05), if the average daily membership for the 2009-2010 school |
7 | year is greater than one thousand (1,000) and less than two |
8 | thousand three hundred (2,300). |
9 | (v) A State share factor equal to: |
10 | (A) the school district's 2011-2012 market value/income aid |
11 | ratio, if its market value/income aid ratio is greater than |
12 | three thousand ten thousandths (0.3000); or |
13 | (B) the lesser of one (1) and the school district's |
14 | 2009-2010 equalized millage divided by the equalized millage |
15 | that represents the seventy-fifth percentile of the equalized |
16 | millage of all school districts multiplied by the school |
17 | district's 2011-2012 market value/income aid ratio, if its |
18 | market value/income aid ratio is less than or equal to three |
19 | thousand ten thousandths (0.3000). |
20 | (3) Each school district shall receive additional funding |
21 | equal to the difference between: |
22 | (i) the sum of paragraphs (1) and (2); and |
23 | (ii) the amount of funding received by the school district |
24 | under section 2502.48 for the 2007-2008 school year. |
25 | (4) An English language learner high incidence supplement |
26 | calculated for qualifying school districts as follows: |
27 | (i) To qualify for the English language learner high |
28 | incidence supplement, a school district's 2011-2012 market |
29 | value/income aid ratio as of June 30, 2011, must be equal to or |
30 | greater than seven thousand ten-thousandths (0.7000) and less |
|
1 | than eight thousand ten-thousandths (0.8000), its 2009-2010 |
2 | average daily membership must be less than twenty thousand |
3 | (20,000), and its English language learner concentration must be |
4 | equal to or greater than six percent (6%). |
5 | (ii) The English language learner high incidence supplement |
6 | shall be calculated for qualifying school districts as follows: |
7 | (A) Multiply the qualifying school district's 2009-2010 |
8 | average daily membership by thirteen million dollars |
9 | ($13,000,000). |
10 | (B) Divide the product from clause (A) by the sum of the |
11 | 2009-2010 average daily membership for all qualifying school |
12 | districts. |
13 | (5) Each school district with a 2011-2012 market |
14 | value/income aid ratio as of June 30, 2011, equal to or greater |
15 | than eight thousand ten thousandths (0.8000) and a 2009-2010 |
16 | average daily membership less than ten thousand (10,000) shall |
17 | receive additional funding as necessary equal to the difference |
18 | between State subsidies paid to school districts in the |
19 | 2010-2011 and 2011-2012 fiscal years minus eight percent (8%) of |
20 | the school district's 2008-2009 total revenue. For the purpose |
21 | of this paragraph, the difference between State subsidies paid |
22 | to school districts in the 2010-2011 and 2011-2012 fiscal years |
23 | shall be calculated by subtracting: |
24 | (i) the sum of the amounts paid to the school district in |
25 | the 2011-2012 fiscal year under paragraphs (1), (2), (3) and (4) |
26 | and section 2599.2 of this act; from |
27 | (ii) the sum of the amounts paid to the school district in |
28 | the 2010-2011 fiscal year under sections 1603-B and 2591.1 of |
29 | this act and section 1722-L(a)(9), (10), (14) and (17) of "The |
30 | Fiscal Code," the appropriation to the Department of Education |
|
1 | for basic education formula enhancements in section 212 of the |
2 | act of July 6, 2010 (P.L.1367, No.1A), known as the General |
3 | Appropriation Act of 2010. |
4 | (6) A second class school district supplement calculated for |
5 | qualifying school districts as follows: |
6 | (i) To qualify for a second class school district |
7 | supplement, a school district must have been classified as a |
8 | second class school district during the 2000 census, must have |
9 | received State reimbursements pursuant to section 2591.1 for the |
10 | 2009-2010 school year greater than three million five hundred |
11 | thousand dollars ($3,500,000) and must have a 2009-2010 average |
12 | daily membership greater than eight thousand (8,000). |
13 | (ii) The second class school district supplement shall be |
14 | calculated for all qualifying school districts as follows: |
15 | (A) Multiply the qualifying school district's 2009-2010 |
16 | average daily membership by one million dollars ($1,000,000). |
17 | (B) Divide the product from clause (A) by the sum of the |
18 | 2009-2010 average daily membership for all qualifying school |
19 | districts. |
20 | (7) A personal income supplement calculated for qualifying |
21 | school districts as follows: |
22 | (i) To qualify for the personal income supplement, school |
23 | districts must meet all of the following criteria: |
24 | (A) Be eligible to receive a poverty supplement pursuant to |
25 | subsection (a)(3) greater than thirty-five thousand dollars |
26 | ($35,000). |
27 | (B) Have an average daily membership for the 2009-2010 |
28 | school year greater than five thousand five hundred (5,500). |
29 | (C) Have a 2011-2012 market value/income aid ratio as of |
30 | June 30, 2011, greater than five thousand ten-thousandths |
|
1 | (0.5000). |
2 | (D) Have equalized mills for the 2009-2010 school year |
3 | greater than twenty-three (23). |
4 | (E) The amount of funding received by the school district |
5 | under section 2502.48 for the year 2007-2008 was less than |
6 | twenty million dollars ($20,000,000). |
7 | (F) Had an adjusted personal income valuation for the 2008 |
8 | tax year of less than nine hundred million dollars |
9 | ($900,000,000). |
10 | (ii) The personal income supplement shall be calculated for |
11 | all qualifying school districts as follows: |
12 | (A) Multiply the qualifying school district's 2009-2010 |
13 | average daily membership by its 2011-2012 market value/income |
14 | aid ratio as of June 30, 2011. |
15 | (B) Multiply the product in clause (A) by one million |
16 | dollars ($1,000,000). |
17 | (C) Divide the product from clause (B) by the sum of |
18 | products in clause (A). |
19 | (c) The Department of Education shall withhold up to |
20 | $25,000,000 from the allocation made under this section to a |
21 | school district of the first class to be used to pay costs to |
22 | provide alternative education programs operated either by the |
23 | district itself or under terms of any contract between the |
24 | district and a private alternative education institution as |
25 | defined pursuant to Article XIX-E. |
26 | Section 37. Section 2509.1(b.16) and (c) of the act, amended |
27 | or added June 30, 1995 (P.L.220, No.26) and July 9, 2008 |
28 | (P.L.846, No.61), are amended and the section is amended by |
29 | adding subsections to read: |
30 | Section 2509.1. Payments to Intermediate Units.--* * * |
|
1 | (b.16) Up to eleven million five hundred thousand dollars |
2 | ($11,500,000) may be utilized for programs administered and |
3 | operated by intermediate units during the 2008-2009 through the |
4 | 2010-2011 school [year] years for institutionalized children as |
5 | established in subsection (b.1). |
6 | (b.17) Up to nine million dollars ($9,000,000) may be |
7 | utilized for programs administered and operated by intermediate |
8 | units during the 2011-2012 school year and each school year |
9 | thereafter for institutionalized children as established in |
10 | subsection (b.1). |
11 | (c) For the 1991-1992 through the 2010-2011 school [year and |
12 | each school year thereafter] years, five percent (5%) of the |
13 | State special education appropriation shall be paid to the |
14 | intermediate units on account of special education services. Of |
15 | this five percent (5%), thirty-five percent (35%) shall be |
16 | distributed equally among all twenty-nine (29) intermediate |
17 | units. The remaining sixty-five percent (65%) shall be |
18 | distributed to each intermediate unit in proportion to the |
19 | number of average daily membership of the component school |
20 | districts of each intermediate unit as compared to the Statewide |
21 | total average daily membership. |
22 | (c.1) For the 2011-2012 school year, five and one-half |
23 | percent (5.5%) of the State special education appropriation |
24 | shall be paid to intermediate units on account of special |
25 | education services. Of this five and one-half percent (5.5%), |
26 | thirty-five percent (35%) shall be distributed equally among all |
27 | intermediate units. The remaining sixty-five percent (65%) shall |
28 | be distributed to each intermediate unit in proportion to the |
29 | number of average daily membership of the component school |
30 | districts of each intermediate unit as compared to the Statewide |
|
1 | total average daily membership. |
2 | * * * |
3 | Section 38. Section 2509.5 of the act is amended by adding a |
4 | subsection to read: |
5 | Section 2509.5. Special Education Payments to School |
6 | Districts.--* * * |
7 | (aaa) During the 2009-2010 through the 2011-2012 school |
8 | years, each school district shall be paid the amount it received |
9 | during the 2008-2009 school year under subsection (zz). If |
10 | insufficient funds are appropriated, the payments shall be made |
11 | on a pro rata basis. |
12 | Section 39. Section 2510.1 of the act, added February 1, |
13 | 1966 (1965 P.L.1642, No.580), is amended to read: |
14 | Section 2510.1. Payments on Account of Homebound Children.-- |
15 | Every school district, regardless of classification, shall be |
16 | paid by the Commonwealth for the school year 1966-1967, and for |
17 | each school year thereafter, on account of the instruction of |
18 | homebound children, an amount determined by multiplying the |
19 | mandated minimum hourly rate for instructing homebound children |
20 | by the district's aid ratio. Payments made to school districts |
21 | for the instruction of homebound children shall only be made to |
22 | the extent funds are appropriated for this purpose. |
23 | Section 40. Section 2541(f) of the act, added July 20, 2007 |
24 | (P.L.278, No.45), is amended to read: |
25 | Section 2541. Payments on Account of Pupil Transportation.-- |
26 | * * * |
27 | (f) Effective for the 2007-2008 school year, any school |
28 | district that is required to transport resident students of a |
29 | distressed school district pursuant to section [1607.1(b)] |
30 | 1607(b) shall be reimbursed by the Commonwealth the additional |
|
1 | sum of three hundred eighty-five dollars ($385) for each student |
2 | reassigned to a school district designated pursuant to [section |
3 | 1607.1(a)(1)] section 1607. |
4 | Section 41. Section 2599.2(e) of the act is amended by |
5 | adding a paragraph to read: |
6 | Section 2599.2. Pennsylvania Accountability Grants.--* * * |
7 | (e) * * * |
8 | (8) For the 2010-2011 fiscal year, any funding remaining to |
9 | be allocated to school districts from the appropriation for |
10 | Pennsylvania Accountability Grants on or after July 1, 2011, |
11 | shall be distributed as follows: |
12 | (i) Multiply the amount of funding that each school district |
13 | received from the appropriation before July 1, 2011, by the |
14 | amount of funding remaining to be allocated to school districts |
15 | on or after July 1, 2011. |
16 | (ii) Divide the product from subparagraph (i) by the sum of |
17 | the funds allocated from the appropriation to school districts |
18 | before July 1, 2011. |
19 | School districts may expend funds received under this paragraph |
20 | in fiscal year 2010-2011 or fiscal year 2011-2012 on programs |
21 | authorized under subsection (b). |
22 | * * * |
23 | Section 42. Nothing in the amendment or addition of sections |
24 | 1205.1(f) and 1205.2(a), (f) and (n.1) of the act shall be |
25 | construed to supersede or preempt any provision of a collective |
26 | bargaining agreement relating to continuing professional |
27 | development negotiated by a school entity and an exclusive |
28 | representative of the employees in accordance with the act of |
29 | July 23, 1970 (P.L.563, No.195), known as the Public Employe |
30 | Relations Act, which is in effect on the effective date of this |
|
1 | section. |
2 | Section 42.1. For the 2011-2012 fiscal year, the Department |
3 | of Education may utilize up to $4,500,000 of undistributed funds |
4 | not expended, encumbered or committed from appropriations for |
5 | grants and subsidies made to the department to assist school |
6 | districts certified on or before June 30, 2010, as an education |
7 | empowerment district under section 1705-B(h)(3) of the act. |
8 | Section 43. Repeals are as follows: |
9 | (1) The General Assembly declares that the repeals under |
10 | paragraph (2) are necessary to effectuate the addition of |
11 | sections 2002-C(c) and 2006.1-C of the act. |
12 | (2) Sections 1737-J, 1737.1-J, 1737-L and 1737.1-L of |
13 | the act of April 9, 1929 (P.L.343, No.176), known as The |
14 | Fiscal Code, are repealed. |
15 | Section 44. If the date of enactment of this act occurs on |
16 | or after July 1, 2011, the amendment or addition of sections |
17 | 223, 1134, 2002-C and 2006.1-C of the act shall apply |
18 | retroactively to June 30, 2011. |
19 | Section 45. This act shall take effect as follows: |
20 | (1) The amendment of sections 703, 731 and 731.1 of the |
21 | act shall take effect in 180 days. |
22 | (2) The amendment of section 111 of the act shall take |
23 | effect in 90 days. |
24 | (3) The amendment or addition of sections 221.1, 907-A, |
25 | 921-A(a.1), 1201, 1203, 1205.5, 1206, 1207.1 and 1604-A of |
26 | the act shall take effect immediately. |
27 | (4) The amendment or addition of sections 223, 615, |
28 | 1134, 1304, 1376(c.1), 1303-A(c)(1), 1913-A(b)(1.6), 2002- |
29 | C(c), 2006.1-C, 2318, 2501(3), 2502.48(c)(2), 2502.50, |
30 | 2509.1(b.16), (b.17), (c) and (c.1), 2509.5(aaa), 2510.1, |
|
1 | 2541(f) and 2599.2(e)(8) of the act shall take effect July 1, |
2 | 2011, or immediately, whichever is later. |
3 | (5) Sections 42.1, 43 and 44 of this act shall take |
4 | effect July 1, 2011, or immediately, whichever is later. |
5 | (6) This section shall take effect immediately. |
6 | (7) The remainder of this act shall take effect in 60 |
7 | days. |
|