THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. O'BRIEN, DAVIS AND PASHINSKI, APRIL 25, 2011

REFERRED TO COMMITTEE ON EDUCATION, APRIL 25, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for special education

services for nonpublic school students.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 922.2-A.  Special Education Services for Nonpublic

School Students.--(a)  Legislative Finding; Declaration of

Policy. The welfare of this Commonwealth requires that school

age children be assured ample opportunity to develop their

intellectual capacities to the fullest. Children attending

nonpublic schools have not been furnished special education

services on an equal basis with public school children. It is

the intent of the General Assembly to ensure that nonpublic

school children be afforded an equitable opportunity to receive

special education services.

(b)  Definitions. The following terms, whenever used or

referred to in this section, shall have the following meanings,

except in those circumstances where the context clearly

indicates otherwise:

"Nonpublic school" means a nonprofit school, other than a

public school or an approved private school within this

Commonwealth wherein a resident of this Commonwealth may legally

fulfill the compulsory school attendance requirements of this

act and which meets the applicable requirements of Title VI of

the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).

"Special education services" means secular, neutral,

nonideological educational services and related services for

children with exceptionalities, as that term is defined in

section 1371.

(c)  Program of Special Education Services. (1)  To the

extent allowed by the level of funds appropriated by the General

Assembly to implement the provisions of this section, children

with exceptionalities attending nonpublic schools shall be

furnished a program of special education services which are

required by law to be offered to public school students in this

Commonwealth and which are appropriate to the needs of those

children. The program of special education services shall be

provided by the intermediate unit in which the nonpublic school

is located, in accordance with standards of the Secretary of

Education.

(2)  Such services shall be provided directly to the

nonpublic school students by the intermediate unit in the

schools which the students attend, in mobile instructional units

located on the grounds of such schools or in any alternative

setting mutually agreed upon by the school and the intermediate

unit, to the extent permitted by the Constitution of the United

States and the Constitution of Pennsylvania.

(3)  Such special education services may be provided directly

by the intermediate units or through agreements between the

intermediate units and school districts or qualified private

service providers, but may not be provided by nonpublic school

employes.

(4)  School districts may also, at their option, provide such

services to resident students attending nonpublic schools or

place children in need of such services in nonpublic schools at

school district expense.

(d)  School District Responsibilities. Nothing in this

section shall relieve any school district of any

responsibilities, under Federal or State law, to identify,

locate or evaluate any nonpublic school student who is in need

of special education services. School districts may fulfill such

responsibilities directly or by agreement with an intermediate

unit.

(e)  Intermediate Unit Responsibilities. (1)  Intermediate

units shall be responsible for designing and implementing

appropriate individualized education programs for children with

exceptionalities who attend nonpublic schools. The Secretary of

Education shall prescribe standards establishing procedures for

the development, review and revision of appropriate special

education programs for such children, which standards shall

include required timely and meaningful consultation with a

representative of the nonpublic school which the child to be

served attends regarding the child's secular educational needs.

(2)  The required consultation shall occur before the

intermediate unit makes any decision that affects the

opportunities of nonpublic school children to participate in the

services provided under this section, and shall include, at a

minimum: which children shall receive services; what services

will be provided; how and where the services will be provided;

and how the services provided will be evaluated.

(f)  Appropriations. (1)  From the Federal funds received by

the Commonwealth for special education services, the Secretary

of Education shall allocate to intermediate units a proportion

equal to the percentage of children with exceptionalities who

attend nonpublic schools in this Commonwealth. Said funds shall

be combined with State funds appropriated by the Commonwealth

and utilized by the intermediate units for purposes of providing

special education services under this section.

(2)  Appropriations of Federal and State funds made by the

Commonwealth under this section shall be allocated by the

Secretary of Education to each intermediate unit based upon the

number of nonpublic school children within that intermediate

unit who are in need of special education services.

(g)  Limitations on Expenditure. The intermediate unit shall

not use more than six per centum (6%) of the funds it receives

under this section for administrative expenses. The Department

of Education shall not use more than one per centum (1%) of the

funds it allocates under this section for administrative

expenses. If all funds allocated by the intermediate units to

administration are not expended for those purposes, such funds

may be used for program costs under this section.

(h)  Interest. There shall be no adjustment in the allocation

as provided in subsection (f) because of interest earned on the

allocations by the intermediate units. Interest so earned shall

be used for the purpose of this section but shall not be subject

to the limitations of subsection (g).

(i)  Budgets. Annually, each intermediate unit shall submit

to the Secretary of Education a preliminary budget for services

to be provided under this section on or before January 31 and a

final budget on or before June 15 for the succeeding year, and

shall file a final financial report on or before October 31 for

the preceding year.

(j)  Limitations on Regulations. (1)  Nothing in this section

shall be construed to authorize any additional regulations,

requirements or limitations upon nonpublic schools which are not

otherwise authorized by law.

(2)  No nonpublic school may be compelled to accept or to

enroll children with exceptionalities if the school:

(i)  is not structured or equipped to meet the special needs

of the student;

(ii)  does not offer educational programs appropriate to the

special needs of the student; or

(iii)  does not offer a particular program requested.

(3)  The providing of special education services to children

under this section shall not be considered to be appropriations

or financial assistance to the nonpublic school which the child

attends.

Section 2.  This act shall take effect in 60 days.