| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2570, 3845 | PRINTER'S NO. 3885 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, AUMENT, BAKER, BOBACK, CAUSER, FLECK, GEIST, GINGRICH, GRELL, GROVE, HICKERNELL, KAUFFMAN, M. K. KELLER, METCALFE, MILLER, MILNE, RAPP, REICHLEY, ROSS, SWANGER, VULAKOVICH AND BROOKS, OCTOBER 18, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 2012 |
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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 grounds and buildings, further | <-- |
6 | providing for work to be done under contract let on bids and |
7 | exceptions. in preliminary provisions, further providing for | <-- |
8 | definitions, for background checks of prospective employees |
9 | and conviction of employees of certain offenses and for |
10 | collection of identifying information of students attending |
11 | institutions of higher education; providing for adjustments |
12 | based on Consumer Price Index and for Keystone Exams; in |
13 | school districts, further providing for moratorium on certain |
14 | data collection systems and data sets; in school finances, |
15 | providing for reopening of 2012-2013 budget and for |
16 | intergovernmental agreements for school security and safety; |
17 | in grounds and buildings, providing for limitation on new |
18 | applications for the Department of Education's approval of |
19 | public school building projects and further providing for |
20 | work to be done under contract let on bids and exception; in |
21 | books, furniture and supplies, further providing for purchase |
22 | of supplies; in district superintendents and assistant |
23 | district superintendents, further providing for eligibility |
24 | and for manner of election or approval, providing for |
25 | performance review and further providing for election of |
26 | assistant district superintendents, for term and salary of |
27 | assistants, for commissions and for removal; in professional |
28 | employees, further providing for rating system and for causes | <-- |
29 | for suspension; in pupils and attendance, further providing |
30 | for liability for tuition and enforcement of payment and for |
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1 | school lunch and breakfast reimbursement; in safe schools, |
2 | further providing for regulations; adding a requirement |
3 | relating to cardiopulmonary resuscitation; providing for open |
4 | campus initiatives; in high schools, further providing for |
5 | attendance in other districts; providing for disclosure by | <-- |
6 | school entities of certain interscholastic athletic |
7 | opportunity information; reenacting and amending provisions |
8 | relating to school boards and educational empowerment; in |
9 | community colleges, further providing for financial program, |
10 | reimbursement of payments; in Thaddeus Stevens College of |
11 | Technology, further providing for contracts for construction, |
12 | repair, renovation or maintenance; in State System of Higher |
13 | Education, further providing for project contracts and for |
14 | powers and duties of institution presidents; in school |
15 | districts of the first class, further providing for |
16 | superintendents of schools or buildings and of supplies; in |
17 | funding for public libraries, providing for State and for |
18 | fiscal year 2012-2013; in reimbursements by Commonwealth and |
19 | between school districts, providing for basic education |
20 | funding for 2011-2012 school year, further providing for |
21 | payments to intermediate units and for special education |
22 | payments to school districts, providing for assistance to |
23 | school districts certified as education empowerment |
24 | districts, further providing for Pennsylvania accountability |
25 | grants and providing for targeted industry cluster |
26 | certificate scholarship program; and making editorial |
27 | changes. |
28 | The General Assembly of the Commonwealth of Pennsylvania |
29 | hereby enacts as follows: |
30 | Section 1. Section 751(a) of the act of March 10, 1949 | <-- |
31 | (P.L.30, No.14), known as the Public School Code of 1949, |
32 | amended May 4, 1990 (P.L.164, No.38), is amended to read: |
33 | Section 751. Work to be Done Under Contract Let on Bids; |
34 | Exception.--(a) All construction, reconstruction, repairs, |
35 | maintenance or work of any nature, including the introduction of |
36 | plumbing, heating and ventilating, or lighting systems, upon any |
37 | school building or upon any school property, or upon any |
38 | building or portion of a building leased under the provisions of |
39 | section 703.1, made by any school district, where the entire |
40 | cost, value, or amount of such construction, reconstruction, |
41 | repairs, maintenance or work, including labor and material, |
42 | shall exceed ten thousand dollars ($10,000), shall be done under |
43 | separate contracts to be entered into by such school district |
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1 | with the lowest responsible bidder, upon proper terms, after due |
2 | public notice has been given asking for competitive bids. |
3 | Whenever a board of school directors shall approve the use of a |
4 | prefabricated unit, complete in itself, for a school building or |
5 | other proper structure to be erected upon school property, the |
6 | board of school directors may have prepared appropriate |
7 | specifications detailing the size and material desired in a |
8 | particular prefabricated unit, including all utilities such as |
9 | plumbing, heating and ventilating, and electrical work, and may |
10 | advertise for a single bid on all the work and award the |
11 | contract therefor to the lowest responsible bidder: Provided, |
12 | That if due to an emergency a school plant or any part thereof |
13 | becomes unusable competitive bids for repairs or replacement may |
14 | be solicited from at least three responsible bidders, and upon |
15 | the approval of any of these bids by [the Secretary of |
16 | Education,] the board of school directors, the school district |
17 | may proceed at once to make the necessary repairs or |
18 | replacements in accordance with the terms of said approved bid |
19 | or bids; and Provided further, That the school district shall |
20 | notify the Secretary of Education in a form and manner |
21 | determined by the Secretary of Education that an emergency has |
22 | occurred and a bid has been selected under the emergency process |
23 | provided for in this section. |
24 | * * * |
25 | Section 2. This act shall take effect in 60 days. | <-- |
26 | Section 1. Section 102 of the act of March 10, 1949 (P.L.30, | <-- |
27 | No.14), known as the Public School Code of 1949, is amended by |
28 | adding a definition to read: |
29 | Section 102. Definitions.--When used in this act the |
30 | following words and phrases shall have the following meanings: |
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1 | * * * |
2 | "Keystone Exam." An assessment developed or caused to be |
3 | developed by the Department of Education pursuant to 22 Pa. Code |
4 | § 4.51(f) (relating to State assessment system). |
5 | * * * |
6 | Section 2. Section 111 heading, (a.1), (e), (f.1), (f.2), |
7 | (h), (i) and (j) of the act, amended or added July 11, 2006 |
8 | (P.L.1092, No.114) and June 30, 2011 (P.L.112, No.24), are |
9 | amended to read: |
10 | Section 111. [Background Checks of] Criminal History of |
11 | Employes and Prospective Employes; Conviction of [Employes of] |
12 | Certain Offenses.--* * * |
13 | (a.1) Beginning April 1, 2007, this section shall apply to |
14 | all current and prospective employes of public and private |
15 | schools, intermediate units and area vocational-technical |
16 | schools, including, but not limited to, teachers, substitutes, |
17 | janitors, cafeteria workers, independent contractors and their |
18 | employes, except those employes and independent contractors and |
19 | their employes who have no direct contact with children. |
20 | (1) Beginning April 1, 2007, this section shall apply to bus |
21 | drivers employed or offered employment by a school district, |
22 | private school, nonpublic school, intermediate unit or area |
23 | vocational-technical school or by an independent contractor. |
24 | (2) Beginning April 1, 2007, this section shall apply to |
25 | student teachers and student teacher candidates assigned to all |
26 | public and private schools, intermediate units and area |
27 | vocational-technical schools. |
28 | (3) For purposes of this section, "student teacher" or |
29 | "student teacher candidate" shall mean an individual |
30 | participating in a classroom teaching, internship, clinical or |
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1 | field experience who, as part of a program for the initial or |
2 | advanced preparation of professional educators, performs |
3 | classroom teaching or assists in the education program in a |
4 | public or private school, intermediate unit or area vocational- |
5 | technical school under the supervision of educator preparation |
6 | program faculty. |
7 | (4) Prior to a student teacher or student teacher |
8 | candidate's participation in any classroom teaching, internship, |
9 | clinical or field experience, [that candidate] the student |
10 | teacher or student teacher candidate shall provide to the |
11 | administrator of his or her educator preparation program all |
12 | criminal history record information required of an employe or |
13 | prospective employe who is subject to this section. |
14 | (5) [The] A student teacher or student teacher candidate may |
15 | not participate in any classroom teaching, internship, clinical |
16 | or field experience if this section would prohibit an employe or |
17 | prospective employe subject to this section from being employed |
18 | under those circumstances. |
19 | (6) During the course of a student teacher or student |
20 | teacher candidate's participation in an educator preparation |
21 | program, the administrator of the student teacher or student |
22 | teacher candidate's educator preparation program shall maintain |
23 | a copy of the criminal history record information that was |
24 | provided by the student teacher or student teacher candidate. |
25 | The penalty provisions of subsection (g) shall be applicable to |
26 | the administrator of a student teacher or student teacher |
27 | candidate's educator preparation program. |
28 | (7) If a student teacher or student teacher candidate is |
29 | continuously enrolled in an educator preparation program, the |
30 | criminal history record information initially submitted by |
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1 | [that] the student teacher or student teacher candidate to that |
2 | program shall remain valid during that period of enrollment, |
3 | subject to the requirements of subsection (j). If a student |
4 | teacher or student teacher candidate's enrollment in an educator |
5 | preparation program is interrupted or if [that] the student |
6 | teacher or student teacher candidate transfers to another |
7 | educator preparation program, the student teacher or student |
8 | teacher candidate shall provide to the administrator of his or |
9 | her educator preparation program all criminal history record |
10 | information required of an employe who is subject to this |
11 | section. |
12 | * * * |
13 | (e) No person subject to this act shall be employed or |
14 | remain employed in a public or private school, intermediate unit |
15 | or area vocational-technical school where [the] a report of |
16 | criminal history record information or a form submitted by an |
17 | employe under subsection (j) indicates the [applicant] person |
18 | has been convicted of any of the following offenses: |
19 | (1) An offense under one or more of the following provisions |
20 | of Title 18 of the Pennsylvania Consolidated Statutes: |
21 | Chapter 25 (relating to criminal homicide). |
22 | Section 2702 (relating to aggravated assault). |
23 | Section 2709.1 (relating to stalking). |
24 | Section 2901 (relating to kidnapping). |
25 | Section 2902 (relating to unlawful restraint). |
26 | Section 2910 (relating to luring a child into a motor |
27 | vehicle or structure). |
28 | Section 3121 (relating to rape). |
29 | Section 3122.1 (relating to statutory sexual assault). |
30 | Section 3123 (relating to involuntary deviate sexual |
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1 | intercourse). |
2 | Section 3124.1 (relating to sexual assault). |
3 | Section 3124.2 (relating to institutional sexual |
4 | assault). |
5 | Section 3125 (relating to aggravated indecent assault). |
6 | Section 3126 (relating to indecent assault). |
7 | Section 3127 (relating to indecent exposure). |
8 | Section 3129 (relating to sexual intercourse with |
9 | animal). |
10 | Section 4302 (relating to incest). |
11 | Section 4303 (relating to concealing death of child). |
12 | Section 4304 (relating to endangering welfare of |
13 | children). |
14 | Section 4305 (relating to dealing in infant children). |
15 | A felony offense under section 5902(b) (relating to |
16 | prostitution and related offenses). |
17 | Section 5903(c) or (d) (relating to obscene and other |
18 | sexual materials and performances). |
19 | Section 6301(a)(1) (relating to corruption of minors). |
20 | Section 6312 (relating to sexual abuse of children). |
21 | Section 6318 (relating to unlawful contact with minor). |
22 | Section 6319 (relating to solicitation of minors to |
23 | traffic drugs). |
24 | Section 6320 (relating to sexual exploitation of |
25 | children). |
26 | (2) An offense designated as a felony under the act of April |
27 | 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, |
28 | Drug, Device and Cosmetic Act." |
29 | (3) An offense similar in nature to those crimes listed in |
30 | clauses (1) and (2) under the laws or former laws of the United |
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1 | States or one of its territories or possessions, another state, |
2 | the District of Columbia, the Commonwealth of Puerto Rico or a |
3 | foreign nation, or under a former law of this Commonwealth. |
4 | (f.1) (1) If [the] a report of criminal history record |
5 | information or a form submitted by an employe under subsection |
6 | (j) indicates the person has been convicted of an offense graded |
7 | as a felony offense of the first, second or third degree other |
8 | than [those] one of the offenses enumerated under subsection |
9 | (e), the person shall be eligible for continued or prospective |
10 | employment only if a period of ten years has elapsed from the |
11 | date of expiration of the sentence for the offense. |
12 | (2) If [the conviction is for] a report of criminal history |
13 | record information or a form submitted by an employe under |
14 | subsection (j) indicates the person has been convicted of an |
15 | offense graded as a misdemeanor of the first degree, other than |
16 | one of the offenses enumerated in subsection (e), the person |
17 | shall be eligible for continued or prospective employment only |
18 | if a period of five years has elapsed from the date of |
19 | expiration of the sentence for the offense. |
20 | (3) If the report of criminal history record information or |
21 | a form submitted by an employe under subsection (j) indicates |
22 | the person has been convicted more than once for an offense |
23 | under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to driving |
24 | under influence of alcohol or controlled substance) and the |
25 | offense is graded as a misdemeanor of the first degree under 75 |
26 | Pa.C.S. § 3803 (relating to grading), the person shall be |
27 | eligible for current or prospective employment only if a period |
28 | of three years has elapsed from the date of expiration of the |
29 | sentence for the most recent offense. |
30 | (f.2) Nothing in this section shall be construed to |
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1 | interfere with the ability of a public or private school, |
2 | intermediate unit or area vocational-technical school to make |
3 | employment, discipline or termination decisions, provided that |
4 | this subsection shall not be construed to conflict with |
5 | subsection (e), (f.1) or (j)(6). |
6 | * * * |
7 | (h) [Any] Subject to the requirements of subsection (j), any |
8 | person who has once obtained the information required under |
9 | [this section] subsections (b), (c) and (c.1) may transfer to or |
10 | provide services to another school in the same district, diocese |
11 | or religious judicatory or established and supervised by the |
12 | same organization and shall not be required to obtain additional |
13 | reports before making such transfer. |
14 | (i) Notwithstanding subsections (b), (c) and (c.1), and |
15 | subject to the requirements of subsection (j), administrators, |
16 | before April 1, 2007, may employ in-State applicants on a |
17 | provisional basis for a single period not to exceed thirty (30) |
18 | days and may employ out-of-State applicants on a provisional |
19 | basis for a single period not to exceed ninety (90) days and, |
20 | after March 31, 2007, may employ any applicants on a provisional |
21 | basis for a single period not to exceed ninety (90) days, except |
22 | during a lawful strike proceeding under the provisions of the |
23 | act of July 23, 1970 (P.L.563, No.195), known as the "Public |
24 | Employe Relations Act," provided that all of the following |
25 | conditions are met: |
26 | (1) the applicant has applied for the information required |
27 | under subsection (b) and, where applicable, under subsection (c) |
28 | or (c.1) and the applicant provides a copy of the appropriate |
29 | completed request forms to the administrator; |
30 | (2) the administrator has no knowledge of information |
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1 | pertaining to the applicant which would disqualify him from |
2 | employment pursuant to subsection (e) or (f.1); |
3 | (3) the applicant swears or affirms in writing that he is |
4 | not disqualified from employment pursuant to subsection (e) or |
5 | (f.1); |
6 | (4) if the information obtained pursuant to subsection (b), |
7 | (c) or (c.1) reveals that the applicant is disqualified from |
8 | employment pursuant to subsection (e) or (f.1), the applicant |
9 | shall be suspended and subject to termination proceedings as |
10 | provided for by law; and |
11 | (5) the administrator requires that the applicant not be |
12 | permitted to work alone with children and that the applicant |
13 | work in the immediate vicinity of a permanent employe. |
14 | (j) (1) The department shall develop a standardized form to |
15 | be used by current and prospective employes of public and |
16 | private schools, intermediate units and area vocational- |
17 | technical schools for the written reporting by current and |
18 | prospective employes of any arrest or conviction for an offense |
19 | enumerated under [subsection (e)] subsections (e) and (f.1). The |
20 | form shall provide a space in which a current or prospective |
21 | employe who has not been convicted of or arrested for any such |
22 | offense will respond "no conviction" and "no arrest." The form |
23 | also shall provide that failure to accurately report any arrest |
24 | or conviction for an offense enumerated under subsection (e) or |
25 | (f.1) shall subject the current or prospective employe to |
26 | criminal prosecution under 18 Pa.C.S. § 4904 (relating to |
27 | unsworn falsification to authorities). The department shall |
28 | publish the form on its publicly accessible Internet website and |
29 | in the Pennsylvania Bulletin. |
30 | (2) [Within ninety (90) days of the effective date of this |
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1 | subsection, all current] All current and prospective employes of |
2 | a public or private school, intermediate unit or area |
3 | vocational-technical school shall complete the form described in |
4 | clause (1), indicating whether or not they have been arrested |
5 | for or convicted of an offense enumerated under [subsection (e)] |
6 | subsections (e) and (f.1), provided that any current employe who | <-- |
7 | completed the form on or before December 27, 2011, in compliance |
8 | with clauses (1) and (2) on that date and who has not been |
9 | arrested for or convicted of an offense enumerated under |
10 | subsections (e) and (f.1) shall not be required to complete an |
11 | additional form under this subsection. |
12 | (3) If, as required in clause (2), [an] a current or |
13 | prospective employe refuses to submit the form described in |
14 | clause (1), the administrator or other person responsible for |
15 | employment decisions in a school or other institution shall |
16 | immediately require the current or prospective employe to submit |
17 | to the administrator a current report of criminal history record |
18 | information as required under subsections (a.1), (b) and (c.1). |
19 | (4) If the arrest or conviction for an offense enumerated |
20 | under subsection (e) or (f.1) occurs after the effective date of |
21 | this subsection, the current or prospective employe shall |
22 | provide the administrator or designee with written notice |
23 | utilizing the form provided for in clause (1) not later than |
24 | seventy-two (72) hours after an arrest or conviction. |
25 | (5) If an administrator or other person responsible for |
26 | employment decisions in a school or other institution has a |
27 | reasonable belief that [an] a current or prospective employe was |
28 | arrested or has a conviction for an offense required to be |
29 | reported under clause (2) or (4) and the employe or prospective |
30 | employe has not notified the administrator as required under |
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1 | this section, the administrator or other person responsible for |
2 | employment decisions in a school or other institution shall |
3 | immediately require the current or prospective employe to submit |
4 | to the administrator a current report of criminal history record |
5 | information as required under subsections (a.1), (b) and (c.1). |
6 | The cost of the criminal background check shall be borne by the |
7 | employing entity. |
8 | (6) [(i) An] A current or prospective employe who willfully |
9 | fails to disclose a conviction or an arrest for an offense |
10 | enumerated under [subsection (e)(1)] this section shall be |
11 | subject to discipline up to and including termination or denial |
12 | of employment and may be subject to criminal prosecution under |
13 | 18 Pa.C.S. § 4904 (relating to unsworn falsification to |
14 | authorities). |
15 | [(ii) An employe who willfully fails to disclose a |
16 | conviction of any other offense required to be reported by this |
17 | section may be subject to discipline and may be subject to |
18 | criminal prosecution under 18 Pa.C.S. § 4904.] |
19 | Section 3. Section 118(a)(1) of the act, added June 30, 2011 |
20 | (P.L.112, No.24), is amended to read: |
21 | Section 118. Collection of Identifying Information of |
22 | Students Attending Institutions of Higher Education.--(a) The |
23 | following provisions shall apply to the Department of |
24 | Education's collection of identifying information of students: |
25 | (1) The department may collect identifying information of |
26 | students only if: |
27 | (i) the department is specifically required to do so under |
28 | Federal statute or regulation or under another provision of this |
29 | act; or |
30 | (ii) the information is voluntarily provided by an |
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1 | institution of higher education. |
2 | * * * |
3 | Section 4. Section 119 of the act, added November 3, 2011 |
4 | (P.L.400, No.97), is repealed: |
5 | [Section 119. Adjustments Based on Consumer Price Index.-- |
6 | Adjustments to the base amounts shall be made as follows: |
7 | (1) The Department of Labor and Industry shall determine the |
8 | percentage change in the Consumer Price Index for All Urban |
9 | Consumers: All Items (CPI-U) for the United States City Average |
10 | as published by the United States Department of Labor, Bureau of |
11 | Labor Statistics, for the twelve-month period ending September |
12 | 30, 2012, and for each successive twelve-month period |
13 | thereafter. |
14 | (2) If the department determines that there is no positive |
15 | percentage change, then no adjustment to the base amounts shall |
16 | occur for the relevant time period. |
17 | (3) (i) If the department determines that there is a |
18 | positive percentage change in the first year that the |
19 | determination is made under paragraph (1), the positive |
20 | percentage change shall be multiplied by each base amount, and |
21 | the products shall be added to the base amounts, respectively, |
22 | and the sums shall be preliminary adjusted amounts. |
23 | (ii) The preliminary adjusted amounts shall be rounded to |
24 | the nearest one hundred dollars ($100) to determine the final |
25 | adjusted base amounts. |
26 | (4) In each successive year in which there is a positive |
27 | percentage change in the CPI-U for the United States City |
28 | Average, the positive percentage change shall be multiplied by |
29 | the most recent preliminary adjusted amounts, and the products |
30 | shall be added to the preliminary adjusted amount of the prior |
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1 | year to calculate the preliminary adjusted amounts for the |
2 | current year. The sums thereof shall be rounded to the nearest |
3 | one hundred dollars ($100) to determine the new final adjusted |
4 | base amounts. |
5 | (5) The determinations and adjustments required under this |
6 | section shall be made in the period between October 1 and |
7 | November 15 of the year following the effective date of this |
8 | section and annually between October 1 and November 15 of each |
9 | year thereafter. |
10 | (6) The final adjusted base amounts and new final adjusted |
11 | base amounts obtained under paragraphs (3) and (4) shall become |
12 | effective January 1 for the calendar year following the year in |
13 | which the determination required under paragraph (1) is made. |
14 | (7) The department shall publish notice in the Pennsylvania |
15 | Bulletin prior to January 1 of each calendar year of the annual |
16 | percentage change determined under paragraph (1) and the |
17 | unadjusted or final adjusted base amounts determined under |
18 | paragraphs (3) and (4) at which competitive bidding is required |
19 | and written or telephonic price quotations are required, |
20 | respectively, for the calendar year beginning the first day of |
21 | January after publication of the notice. The notice shall |
22 | include a written and illustrative explanation of the |
23 | calculations performed by the department in establishing the |
24 | unadjusted or final adjusted base amounts under this section for |
25 | the ensuing calendar year. |
26 | (8) The annual increase in the preliminary adjusted base |
27 | amounts obtained under paragraphs (3) and (4) shall not exceed |
28 | three percent (3%).] |
29 | Section 5. The act is amended by adding sections to read: |
30 | Section 120. Adjustments Based on Consumer Price Index.-- |
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1 | Adjustments to the base amounts shall be made as follows: |
2 | (1) The Department of Labor and Industry shall determine the |
3 | percentage change in the Consumer Price Index for All Urban |
4 | Consumers: All Items (CPI-U) for the United States City Average |
5 | as published by the United States Department of Labor, Bureau of |
6 | Labor Statistics, for the twelve-month period ending September |
7 | 30, 2012, and for each successive twelve-month period |
8 | thereafter. |
9 | (2) If the Department of Labor and Industry determines that |
10 | there is no positive percentage change, then no adjustment to |
11 | the base amounts shall occur for the relevant time period. |
12 | (3) (i) If the Department of Labor and Industry determines |
13 | that there is a positive percentage change in the first year |
14 | that the determination is made under paragraph (1), the positive |
15 | percentage change shall be multiplied by each base amount, and |
16 | the products shall be added to the base amounts, respectively, |
17 | and the sums shall be preliminary adjusted amounts. |
18 | (ii) The preliminary adjusted amounts shall be rounded to |
19 | the nearest one hundred dollars ($100) to determine the final |
20 | adjusted base amounts. |
21 | (4) In each successive year in which there is a positive |
22 | percentage change in the CPI-U for the United States City |
23 | Average, the positive percentage change shall be multiplied by |
24 | the most recent preliminary adjusted amounts, and the products |
25 | shall be added to the preliminary adjusted amount of the prior |
26 | year to calculate the preliminary adjusted amounts for the |
27 | current year. The sums thereof shall be rounded to the nearest |
28 | one hundred dollars ($100) to determine the new final adjusted |
29 | base amounts. |
30 | (5) The determinations and adjustments required under this |
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1 | section shall be made in the period between October 1 and |
2 | November 15, 2012, and annually between October 1 and November |
3 | 15 of each year thereafter. |
4 | (6) The final adjusted base amounts and new final adjusted |
5 | base amounts obtained under paragraphs (3) and (4) shall become |
6 | effective January 1 for the calendar year following the year in |
7 | which the determination required under paragraph (1) is made. |
8 | (7) The Department of Labor and Industry shall publish |
9 | notice in the Pennsylvania Bulletin prior to January 1 of each |
10 | calendar year of the annual percentage change determined under |
11 | paragraph (1) and the unadjusted or final adjusted base amounts |
12 | determined under paragraphs (3) and (4) at which competitive |
13 | bidding is required and written or telephonic price quotations |
14 | are required, respectively, for the calendar year beginning the |
15 | first day of January after publication of the notice. The notice |
16 | shall include a written and illustrative explanation of the |
17 | calculations performed by the Department of Labor and Industry |
18 | in establishing the unadjusted or final adjusted base amounts |
19 | under this section for the ensuing calendar year. |
20 | (8) The annual increase in the preliminary adjusted base |
21 | amounts obtained under paragraphs (3) and (4) shall not exceed |
22 | three percent (3%). |
23 | Section 121. Keystone Exams.--Subject to annual |
24 | appropriation, not later than the 2020-2021 school year, the |
25 | Department of Education shall develop and implement Keystone |
26 | Exams in the following subjects: algebra I; literature; biology; |
27 | English composition; algebra II; geometry; United States |
28 | history; chemistry; civics and government; and world history. |
29 | The State Board of Education shall promulgate regulations, |
30 | subject to the act of June 25, 1982 (P.L.633, No.181), known as |
|
1 | the "Regulatory Review Act," necessary to implement this |
2 | section. |
3 | Section 6. Section 221.1(a) of the act, added June 30, 2011 |
4 | (P.L.112, No.24), is amended to read: |
5 | Section 221.1. Moratorium on Certain Data Collection Systems |
6 | and Data Sets.--(a) For the school years 2011-2012 and |
7 | 2012-2013, the Department of Education and the Department of |
8 | Public Welfare shall suspend the collection of data through |
9 | Pennsylvania's Enterprise to Link Information for Children |
10 | Across Network (PELICAN) and the Pennsylvania Information |
11 | Management System (PIMS) except as follows: |
12 | (1) Information required to meet Federal mandates in the |
13 | following: |
14 | (i) The Elementary and Secondary Education Act of 1965 |
15 | (Public Law 89-10, 20 U.S.C. § 6301 et seq.). |
16 | (ii) The Individuals with Disabilities Education Act (Public |
17 | Law 91-230, 20 U.S.C. § 1400 et seq.). |
18 | (iii) The Educational Technical Assistance Act of 2002 |
19 | (Public Law 107-279, 116 Stat. 1975). |
20 | (iv) Title VI of the America COMPETES Act or the America |
21 | Creating Opportunities to Meaningfully Promote Excellence in |
22 | Technology, Education, and Science Act (Public Law 110-69, 121 |
23 | Stat. 572). |
24 | (v) The American Recovery and Reinvestment Act of 2009 |
25 | (Public Law 111-5, 123 Stat. 115). |
26 | (vi) The Head Start Act (Public Law 97-35, 42 U.S.C. § 9831 |
27 | et seq.). |
28 | (vii) The Child Care and Development Block Grant Act of 1990 |
29 | (Public Law 101-508, 42 U.S.C. § 9858 et seq.). |
30 | (viii) The Social Security Act (49 Stat. 620, 42 U.S.C. § |
|
1 | 301 et seq.). |
2 | (ix) Any data pursuant to other Federal requirements and to |
3 | meet eligibility requirements for Federal funds. |
4 | (2) Pennsylvania Value-Added Assessment System (PVAAS), |
5 | including any revisions or improvements made to the system. |
6 | (3) Information required by the Department of Public Welfare |
7 | to supervise, license or register a child-care provider under |
8 | Articles IX and X of the act of June 13, 1967 (P.L.31, No.21), |
9 | known as the "Public Welfare Code." |
10 | (4) Information relating to background checks required in |
11 | section 111 and in 23 Pa.C.S. §§ 6344 (relating to information |
12 | relating to prospective child-care personnel) and 6344.1 |
13 | (relating to information relating to family day-care home |
14 | residents). |
15 | (5) Information necessary for all payments or reimbursement |
16 | by the Commonwealth. |
17 | (6) Information required to be reported pursuant to Article |
18 | XIII-A of this act. |
19 | (7) Information which is voluntarily provided by an |
20 | institution of higher education. |
21 | * * * |
22 | Section 7. The act is amended by adding sections to read: |
23 | Section 616. Reopening of 2012-2013 Budget.--Notwithstanding |
24 | any other provisions of law, a board of school directors of a |
25 | school district may reopen its 2012-2013 budget to reflect the |
26 | following: |
27 | (1) Federal and State allocations for fiscal years 2011-2012 |
28 | and 2012-2013 provided by the act of June , 2012 (P.L. , |
29 | No. ), known as the General Appropriation Act of 2012; and |
30 | (2) any increase in local revenue allocations that result |
|
1 | from other legislation enacted by the General Assembly during |
2 | the 2011 regular session. |
3 | Section 617. Intergovernmental Agreements for School |
4 | Security and Safety.--The board of school directors of a school |
5 | district may enter into agreements with other political |
6 | subdivisions to provide for the safety and security of the |
7 | school. The board of school directors may use school funds to |
8 | share costs with municipalities and counties for such expenses |
9 | as benefits and salaries of school resource officers and |
10 | probation officers. Such officers are not required to be |
11 | employes of the school district and may be employes of other |
12 | political subdivisions. |
13 | Section 732.1. Limitation on New Applications for Department |
14 | of Education Approval of Public School Building Projects.--(a) |
15 | For the 2012-2013 fiscal year, the Department of Education shall |
16 | not accept or approve new school building construction or |
17 | reconstruction project applications. Completed school building |
18 | construction or reconstruction project applications received by |
19 | the Department of Education by October 1, 2012, are not subject |
20 | to this provision. |
21 | (b) The Department of Education shall, in consultation with |
22 | school district officials and the General Assembly, conduct a |
23 | review of the Department of Education's current process through |
24 | which public school building projects are reviewed and approved |
25 | for Commonwealth reimbursement. The review shall incorporate an |
26 | analysis of impacting local factors including, but not limited |
27 | to, tax effort and building requirements, and shall make |
28 | recommendations to the chair and minority chair of the |
29 | Appropriations Committee of the Senate, the chair and minority |
30 | chair of the Education Committee of the Senate, the chair and |
|
1 | minority chair of the Appropriations Committee of the House of |
2 | Representatives and the chair and minority chair of the |
3 | Education Committee of the House of Representatives by May 1, |
4 | 2013. |
5 | Section 8. Sections 751(a), (a.1), (b) and (f) and 807.1 of |
6 | the act, amended November 3, 2011 (P.L.400, No.97), are amended |
7 | and the sections are amended by adding subsections to read: |
8 | Section 751. Work to be Done Under Contract Let on Bids; |
9 | Exception.--[(a) All construction, reconstruction, repairs, |
10 | maintenance or work of any nature, including the introduction of |
11 | plumbing, heating and ventilating, or lighting systems, upon any |
12 | school building or upon any school property, or upon any |
13 | building or portion of a building leased under the provisions of |
14 | section 703.1, made by any school district, where the entire |
15 | cost, value, or amount of such construction, reconstruction, |
16 | repairs, maintenance or work, including labor and material, |
17 | shall exceed a base amount of eighteen thousand five hundred |
18 | dollars ($18,500), subject to adjustment under section 119, |
19 | shall be done under separate contracts to be entered into by |
20 | such school district with the lowest responsible bidder, upon |
21 | proper terms, after due public notice has been given asking for |
22 | competitive bids. Whenever a board of school directors shall |
23 | approve the use of a prefabricated unit, complete in itself, for |
24 | a school building or other proper structure to be erected upon |
25 | school property, the board of school directors may have prepared |
26 | appropriate specifications detailing the size and material |
27 | desired in a particular prefabricated unit, including all |
28 | utilities such as plumbing, heating and ventilating, and |
29 | electrical work, and may advertise for a single bid on all the |
30 | work and award the contract therefor to the lowest responsible |
|
1 | bidder: Provided, That if due to an emergency a school plant or |
2 | any part thereof becomes unusable competitive bids for repairs |
3 | or replacement may be solicited from at least three responsible |
4 | bidders, and upon the approval of any of these bids by the |
5 | Secretary of Education, the board of school directors may |
6 | proceed at once to make the necessary repairs or replacements in |
7 | accordance with the terms of said approved bid or bids. |
8 | (a.1) Written or telephonic price quotations from at least |
9 | three qualified and responsible contractors shall be requested |
10 | by the board of school directors for all contracts that exceed a |
11 | base amount of ten thousand dollars ($10,000), subject to |
12 | adjustment under section 119, but are less than the amount |
13 | requiring advertisement and competitive bidding, or, in lieu of |
14 | price quotations, a memorandum shall be kept on file showing |
15 | that fewer than three qualified contractors exist in the market |
16 | area within which it is practicable to obtain quotations. A |
17 | written record of telephonic price quotations shall be made and |
18 | shall contain at least the date of the quotation, the name of |
19 | the contractor and the contractor's representative, the |
20 | construction, reconstruction, repair, maintenance or work which |
21 | was the subject of the quotation and the price. Written price |
22 | quotations, written records of telephonic price quotations and |
23 | memoranda shall be retained for a period of three years.] |
24 | (a.2) All construction, reconstruction, repairs, maintenance |
25 | or work of any nature, including the introduction of plumbing, |
26 | heating and ventilating, or lighting systems, upon any school |
27 | building or upon any school property, or upon any building or |
28 | portion of a building leased under the provisions of section |
29 | 703.1, made by any school district, where the entire cost, |
30 | value, or amount of such construction, reconstruction, repairs, |
|
1 | maintenance or work, including labor and material, shall exceed |
2 | a base amount of eighteen thousand five hundred dollars |
3 | ($18,500), subject to adjustment under section 120, shall be |
4 | done under separate contracts to be entered into by such school |
5 | district with the lowest responsible bidder, upon proper terms, |
6 | after due public notice has been given asking for competitive |
7 | bids. Whenever a board of school directors shall approve the use |
8 | of a prefabricated unit, complete in itself, for a school |
9 | building or other proper structure to be erected upon school |
10 | property, the board of school directors may have prepared |
11 | appropriate specifications detailing the size and material |
12 | desired in a particular prefabricated unit, including all |
13 | utilities such as plumbing, heating and ventilating, and |
14 | electrical work, and may advertise for a single bid on all the |
15 | work and award the contract therefor to the lowest responsible |
16 | bidder: Provided, That if due to an emergency a school plant or |
17 | any part thereof becomes unusable competitive bids for repairs |
18 | or replacement may be solicited from at least three responsible |
19 | bidders, and upon the approval of any of these bids by the board |
20 | of school directors, the school district may proceed at once to |
21 | make the necessary repairs or replacements in accordance with |
22 | the terms of said approved bid or bids; and Provided further, |
23 | That the school district shall notify the Secretary of Education |
24 | in a form and manner determined by the Secretary of Education |
25 | that an emergency has occurred and a bid has been selected under |
26 | the emergency process provided for in this section. |
27 | (a.3) Written or telephonic price quotations from at least |
28 | three qualified and responsible contractors shall be requested |
29 | by the board of school directors for all contracts that exceed a |
30 | base amount of ten thousand dollars ($10,000), subject to |
|
1 | adjustment under section 120, but are less than the amount |
2 | requiring advertisement and competitive bidding, or, in lieu of |
3 | price quotations, a memorandum shall be kept on file showing |
4 | that fewer than three qualified contractors exist in the market |
5 | area within which it is practicable to obtain quotations. A |
6 | written record of telephonic price quotations shall be made and |
7 | shall contain at least the date of the quotation, the name of |
8 | the contractor and the contractor's representative, the |
9 | construction, reconstruction, repair, maintenance or work which |
10 | was the subject of the quotation and the price. Written price |
11 | quotations, written records of telephonic price quotations and |
12 | memoranda shall be retained for a period of three years. |
13 | [(b) The board of school directors in any school district |
14 | may perform any construction, reconstruction, repairs, or work |
15 | of any nature, where the entire cost or value, including labor |
16 | and material, is less than a base amount of ten thousand dollars |
17 | ($10,000), subject to adjustment under section 119, by its own |
18 | maintenance personnel. The board of school directors in any |
19 | school district may authorize the secretary of the board or |
20 | other executive to award contracts for construction, |
21 | reconstruction, repairs, or work of any nature, where the entire |
22 | cost or value, including labor and material, subject to |
23 | adjustment under section 119, is a base amount of eighteen |
24 | thousand five hundred dollars ($18,500) or less, without |
25 | soliciting competitive bids, subject, however, to the provisions |
26 | of subsection (a.1).] |
27 | (b.1) The board of school directors in any school district |
28 | may perform any construction, reconstruction, repairs, or work |
29 | of any nature, where the entire cost or value, including labor |
30 | and material, is less than a base amount of ten thousand dollars |
|
1 | ($10,000), subject to adjustment under section 120, by its own |
2 | maintenance personnel. The board of school directors in any |
3 | school district may authorize the secretary of the board or |
4 | other executive to award contracts for construction, |
5 | reconstruction, repairs, or work of any nature, where the entire |
6 | cost or value, including labor and material, subject to |
7 | adjustment under section 120, is a base amount of eighteen |
8 | thousand five hundred dollars ($18,500) or less, without |
9 | soliciting competitive bids, subject, however, to the provisions |
10 | of subsection (a.3). |
11 | * * * |
12 | [(f) No board of school directors shall evade the provisions |
13 | of this section as to advertising for bids or purchasing |
14 | materials or contracting for services piecemeal for the purpose |
15 | of obtaining prices under a base amount of eighteen thousand |
16 | five hundred dollars ($18,500), subject to adjustment under |
17 | section 119, upon transactions which should, in the exercise of |
18 | reasonable discretion and prudence, be conducted as one |
19 | transaction amounting to more than a base amount of eighteen |
20 | thousand five hundred dollars ($18,500), subject to adjustment |
21 | under section 119. This provision is intended to make unlawful |
22 | the practice of evading advertising requirements by making a |
23 | series of purchases or contracts each for less than the |
24 | advertising requirement price, or by making several simultaneous |
25 | purchases or contracts each below said price, when in either |
26 | case the transaction involved should have been made as one |
27 | transaction for one price.] |
28 | (g) No board of school directors shall evade the provisions |
29 | of this section as to advertising for bids or purchasing |
30 | materials or contracting for services piecemeal for the purpose |
|
1 | of obtaining prices under a base amount of eighteen thousand |
2 | five hundred dollars ($18,500), subject to adjustment under |
3 | section 120, upon transactions which should, in the exercise of |
4 | reasonable discretion and prudence, be conducted as one |
5 | transaction amounting to more than a base amount of eighteen |
6 | thousand five hundred dollars ($18,500), subject to adjustment |
7 | under section 120. This provision is intended to make unlawful |
8 | the practice of evading advertising requirements by making a |
9 | series of purchases or contracts each for less than the |
10 | advertising requirement price, or by making several simultaneous |
11 | purchases or contracts each below said price, when in either |
12 | case the transaction involved should have been made as one |
13 | transaction for one price. |
14 | Section 807.1. Purchase of Supplies.--[(a) All furniture, |
15 | equipment, textbooks, school supplies and other appliances for |
16 | the use of the public schools, costing, subject to adjustment |
17 | under section 119, a base amount of eighteen thousand five |
18 | hundred dollars ($18,500) or more shall be purchased by the |
19 | board of school directors only after due advertisement as |
20 | hereinafter provided. Supplies costing, subject to adjustment |
21 | under section 119, a base amount of eighteen thousand five |
22 | hundred dollars ($18,500) or more shall be purchased by the |
23 | board of school directors only after public notice has been |
24 | given by advertisement once a week for three (3) weeks in not |
25 | less than two (2) newspapers of general circulation. In any |
26 | district where no newspaper is published, said notice may, in |
27 | lieu of such publication, be posted in at least five (5) public |
28 | places. |
29 | (a.1) Written or telephonic price quotations from at least |
30 | three qualified and responsible vendors shall be requested by |
|
1 | the board of school directors for all purchases of supplies that |
2 | exceed a base amount of ten thousand dollars ($10,000), subject |
3 | to adjustment under section 119, but are less than the amount |
4 | requiring advertisement and competitive bidding, or, in lieu of |
5 | price quotations, a memorandum shall be kept on file showing |
6 | that fewer than three qualified vendors exist in the market area |
7 | within which it is practicable to obtain quotations. A written |
8 | record of telephonic price quotations shall be made and shall |
9 | contain at least the date of the quotation, the name of the |
10 | vendor and the vendor's representative, the supplies which were |
11 | the subject of the quotation and the price of the supplies. |
12 | Written price quotations, written records of telephonic price |
13 | quotations and memoranda shall be retained for a period of three |
14 | years.] |
15 | (a.2) All furniture, equipment, textbooks, school supplies |
16 | and other appliances for the use of the public schools costing, |
17 | subject to adjustment under section 120, a base amount of |
18 | eighteen thousand five hundred dollars ($18,500) or more shall |
19 | be purchased by the board of school directors only after due |
20 | advertisement as hereinafter provided. Supplies costing, subject |
21 | to adjustment under section 120, a base amount of eighteen |
22 | thousand five hundred dollars ($18,500) or more shall be |
23 | purchased by the board of school directors only after public |
24 | notice has been given by advertisement once a week for three (3) |
25 | weeks in not less than two (2) newspapers of general |
26 | circulation. In any district where no newspaper is published, |
27 | said notice may, in lieu of such publication, be posted in at |
28 | least five (5) public places. |
29 | (a.3) Written or telephonic price quotations from at least |
30 | three qualified and responsible vendors shall be requested by |
|
1 | the board of school directors for all purchases of supplies that |
2 | exceed a base amount of ten thousand dollars ($10,000), subject |
3 | to adjustment under section 120, but are less than the amount |
4 | requiring advertisement and competitive bidding, or, in lieu of |
5 | price quotations, a memorandum shall be kept on file showing |
6 | that fewer than three (3) qualified vendors exist in the market |
7 | area within which it is practicable to obtain quotations. A |
8 | written record of telephonic price quotations shall be made and |
9 | shall contain at least the date of the quotation, the name of |
10 | the vendor and the vendor's representative, the supplies which |
11 | were the subject of the quotation and the price of the supplies. |
12 | Written price quotations, written records of telephonic price |
13 | quotations and memoranda shall be retained for a period of three |
14 | years. |
15 | [(b) The board of school directors shall accept the bid of |
16 | the lowest responsible bidder, kind, quality, and material being |
17 | equal, but shall have the right to reject any and all bids, or |
18 | select a single item from any bid. The board of school directors |
19 | in any district may authorize or appoint the secretary of the |
20 | board or other executive as purchasing agent for the district, |
21 | with authority to purchase supplies that cost a base amount of |
22 | less than eighteen thousand five hundred dollars ($18,500), |
23 | subject to adjustment under section 119.] |
24 | (b.1) The board of school directors shall accept the bid of |
25 | the lowest responsible bidder, kind, quality, and material being |
26 | equal, but shall have the right to reject any and all bids, or |
27 | select a single item from any bid. The board of school directors |
28 | in any district may authorize or appoint the secretary of the |
29 | board or other executive as purchasing agent for the district, |
30 | with authority to purchase supplies that cost a base amount of |
|
1 | less than eighteen thousand five hundred dollars ($18,500), |
2 | subject to adjustment under section 120. |
3 | (c) The following shall be exempt from the above provisions: |
4 | maps, music, globes, charts, educational films, filmstrips, |
5 | prepared transparencies and slides, pre-recorded magnetic tapes |
6 | and disc recordings, textbooks, games, toys, prepared kits, |
7 | flannel board materials, flash cards, models, projectuals and |
8 | teacher demonstration devices necessary for school use. |
9 | [(d) No board of school directors shall evade the provisions |
10 | of this section as to advertising for bids or purchasing |
11 | materials piecemeal for the purpose of obtaining prices under |
12 | the base amount of eighteen thousand five hundred dollars |
13 | ($18,500), subject to adjustment under section 119, upon |
14 | transactions which should, in the exercise of reasonable |
15 | discretion and prudence, be conducted as one transaction |
16 | amounting to more than a base amount of eighteen thousand five |
17 | hundred dollars ($18,500), subject to adjustment under section |
18 | 119. This provision is intended to make unlawful the practice of |
19 | evading advertising requirements by making a series of purchases |
20 | or contracts each for less than the advertising requirement |
21 | price, or by making several simultaneous purchases or contracts |
22 | each below said price, when in either case the transaction |
23 | involved should have been made as one transaction for one |
24 | price.] |
25 | (e) No board of school directors shall evade the provisions |
26 | of this section as to advertising for bids or purchasing |
27 | materials piecemeal for the purpose of obtaining prices under |
28 | the base amount of eighteen thousand five hundred dollars |
29 | ($18,500), subject to adjustment under section 120, upon |
30 | transactions which should, in the exercise of reasonable |
|
1 | discretion and prudence, be conducted as one transaction |
2 | amounting to more than a base amount of eighteen thousand five |
3 | hundred dollars ($18,500), subject to adjustment under section |
4 | 120. This provision is intended to make unlawful the practice of |
5 | evading advertising requirements by making a series of purchases |
6 | or contracts each for less than the advertising requirement |
7 | price, or by making several simultaneous purchases or contracts |
8 | each below said price, when in either case the transaction |
9 | involved should have been made as one transaction for one price. |
10 | Section 9. Section 1003 of the act is amended by adding a | <-- |
11 | subsection, amended June 30, 2011 (P.L.112, No.24), is amended | <-- |
12 | to read: |
13 | Section 1003. Eligibility.--* * *(a) Except as otherwise | <-- |
14 | provided in [subsection (b)] subsections (b) and (b.1), no |
15 | person shall receive a letter of eligibility or be elected or |
16 | appointed as a district superintendent or assistant district |
17 | superintendent, unless-- |
18 | (1) He holds a diploma from a college or other institution |
19 | approved by the Department of Education; |
20 | (2) He has had six (6) years' successful teaching |
21 | experience, not less than three of which shall have been in a |
22 | supervisory or administrative capacity; |
23 | (3) He has completed in a college or university a graduate |
24 | program in education approved by the Department of Education |
25 | that includes the Pennsylvania school leadership standards under |
26 | section 1217. Completion of the program shall not be subject to |
27 | waiver under section 1714-B unless the candidate provides to the |
28 | Secretary of Education evidence that the candidate has |
29 | successfully completed an equivalent leadership development |
30 | program that addresses the school leadership standards under |
|
1 | section 1217. |
2 | (4) Provided that in school districts of the first class, |
3 | five (5) years of administrative experience at the level of |
4 | assistant, associate or deputy superintendent, may be |
5 | substituted for prescribed graduate administrative courses, and |
6 | which shall be the responsibility of the Secretary of Education |
7 | to review these equivalences to conform with State board |
8 | regulations. |
9 | (b) Notwithstanding the requirements of subsection (a), a |
10 | person shall be eligible for election or appointment as a |
11 | district superintendent or assistant district superintendent if |
12 | he holds a graduate degree from an accredited higher education |
13 | institution in business [or finance], finance or management and |
14 | has at least four (4) years of relevant experience in business, |
15 | finance or management. |
16 | (b.1) Notwithstanding the requirements of subsection (a), a |
17 | person shall be eligible for election or appointment as a |
18 | district superintendent or assistant district superintendent if |
19 | he holds a juris doctorate degree from an accredited law school |
20 | and has at least four (4) years of relevant experience in law. |
21 | This subsection shall expire three (3) years from the effective |
22 | date of this subsection. A person who is issued a commission by |
23 | the department based on satisfaction of the requirements of this |
24 | subsection may retain his commission after the expiration of |
25 | this subsection. |
26 | (b.1) (b.2) The department shall, upon request in a form and | <-- |
27 | manner as prescribed by the department and made available on the |
28 | department's publicly accessible Internet website, confirm that |
29 | an individual satisfies the requirements of subsection (b) or | <-- |
30 | (b.1) and that the individual is eligible for election or |
|
1 | appointment as a district superintendent or assistant district |
2 | superintendent. Upon a school district's hiring of an individual |
3 | who satisfies the requirements of subsection (b) or (b.1), the | <-- |
4 | department shall issue the individual a commission. |
5 | * * * | <-- |
6 | (c) Notwithstanding the provisions of sections 1205.1(f), | <-- |
7 | 1205.2(n.1) and 1205.5(h), a person elected or appointed as a |
8 | district superintendent or assistant district superintendent for |
9 | the first time in this Commonwealth under subsection (b) or |
10 | (b.1) shall successfully complete a leadership development |
11 | program that meets the Pennsylvania school leadership standards |
12 | under section 1217. |
13 | Section 10. Section 1073 of the act, amended January 14, |
14 | 1970 (1969 P.L.468, No.192) and January 16, 1974 (P.L.1, No.1), |
15 | is amended to read: |
16 | Section 1073. Manner of Election or Approval.--(a) The |
17 | board of school directors of each school district[, except in |
18 | school districts of the first class,] shall meet at its regular |
19 | place of meeting, during the last year of the term of the |
20 | district superintendent or at any other time when a vacancy |
21 | shall occur in the office of district superintendent, at an hour |
22 | previously fixed by the board. The secretary of each board of |
23 | school directors shall mail to each member thereof at least five |
24 | days beforehand, a notice of the time, place and purpose of such |
25 | meeting. At such meeting the board shall elect or approve a |
26 | properly qualified district superintendent to enter into a |
27 | contract to serve a term of [from] three to five years from the |
28 | first day of July next following his election or from a time |
29 | mutually agreed upon by the duly elected district superintendent |
30 | and the board of school directors. The contract shall be subject |
|
1 | to the act of February 14, 2008 (P.L.6, No.3), known as the |
2 | "Right-to-Know Law." |
3 | (b) At a regular meeting of the board of school directors |
4 | occurring at least one hundred fifty (150) days prior to the |
5 | expiration date of the term of office of the district |
6 | superintendent, the agenda shall include an item requiring |
7 | affirmative action by five or more members of the board of |
8 | school directors to notify the district superintendent that the |
9 | board intends to retain him for a further term of [from] three |
10 | (3) to five (5) years or that another or other candidates will |
11 | be considered for the office. In the event that the board fails |
12 | to take such action at a regular meeting of the board of school |
13 | directors occurring at least one hundred fifty (150) days prior |
14 | to the expiration date of the term of office of the district |
15 | superintendent, he shall continue in office for a further term |
16 | of similar length to that which he is serving. |
17 | (d) The term of office or commission of a district |
18 | superintendent or assistant district superintendent shall not be |
19 | shortened by reason of the fact that the district in which he |
20 | serves shall [be come] become part of a joint school, or by |
21 | reason of the fact that the district in which he serves shall |
22 | become a part of a new school district established as the result |
23 | of reorganization of school districts pursuant to Article II., |
24 | subdivision (i) or section 224 of this act. Any district |
25 | superintendent, assistant district superintendent or supervising |
26 | principal not selected as the district superintendent of the |
27 | joint school or newly established school district in which the |
28 | district he serves becomes a part shall be assigned to a |
29 | position or office for which he is eligible: Provided, however, |
30 | That in a new school district reorganized under Article II., |
|
1 | subdivision (i) or section 224 of this act, he shall be assigned |
2 | to a position or office which is administrative or supervisory |
3 | in nature only, but there shall be no reduction in salary until |
4 | the expiration of his commission. Thereafter, unless elected to |
5 | an office requiring a commission he shall have the status of a |
6 | professional employe: Provided, That the board of school |
7 | directors may adjust the salary according to the classification |
8 | of the position to which he may be assigned, and that the period |
9 | of service as a commissioned district superintendent, assistant |
10 | district superintendent or associate superintendent shall be |
11 | counted as time served as a professional employe in determining |
12 | his seniority rights. |
13 | (e) The following shall apply: |
14 | (1) Notwithstanding any other provision of law, no |
15 | individual shall be employed as a district superintendent or |
16 | assistant district superintendent by a school district except |
17 | pursuant to a written contract of employment expressly stating |
18 | the terms and conditions of employment. |
19 | (2) A contract for the employment of a district |
20 | superintendent or assistant district superintendent shall do all |
21 | of the following: |
22 | (i) Contain the mutual and complete agreement between the |
23 | district superintendent or assistant district superintendent and |
24 | the board of school directors with respect to the terms and |
25 | conditions of employment. |
26 | (ii) Consistent with State Board of Education certification |
27 | requirements, specify the duties, responsibilities, job |
28 | description and performance expectations, including performance |
29 | standards and assessments provided for under section 1073.1. |
30 | (iii) Incorporate all provisions relating to compensation |
|
1 | and benefits to be paid to or on behalf of the district |
2 | superintendent or assistant district superintendent. |
3 | (iv) Specify the term of employment and state that the |
4 | contract shall terminate immediately, except as otherwise |
5 | provided under this section, upon the expiration of the term |
6 | unless the contract is allowed to renew automatically under |
7 | subsection (b). |
8 | (v) Specify the termination, buyout and severance |
9 | provisions, including all postemployment compensation and the |
10 | period of time in which the compensation shall be provided. |
11 | Termination, buyout and severance provisions may not be modified |
12 | during the course of the contract or in the event a contract is |
13 | terminated prematurely. |
14 | (vi) Contain provisions relating to outside work that may be |
15 | performed, if any. |
16 | (vii) State that any modification to the contract must be in |
17 | writing. |
18 | (viii) State that the contract shall be governed by the laws |
19 | of this Commonwealth. |
20 | (ix) Limit compensation for unused sick leave in new |
21 | employment contracts entered into after the effective date of |
22 | this subsection for district superintendents or assistant |
23 | district superintendents who have no prior experience as a |
24 | district superintendent or assistant district superintendent to |
25 | the maximum compensation for unused sick leave under the school |
26 | district's administrator compensation plan under section 1164 in |
27 | effect at the time of the contract. |
28 | (x) Limit transferred sick leave from previous employment to |
29 | not more than thirty (30) days in new employment contracts after |
30 | the effective date of this subsection for district |
|
1 | superintendents or assistant district superintendents who have |
2 | no prior experience as a district superintendent or assistant |
3 | district superintendent. |
4 | (xi) Specify postretirement benefits and the period of time |
5 | in which the benefits shall be provided. |
6 | (3) No agreement between the board of school directors and a |
7 | district superintendent or assistant district superintendent for |
8 | a negotiated severance of employment prior to the end of the |
9 | specified contract term shall provide for severance compensation |
10 | to the district superintendent or assistant district |
11 | superintendent, including the reasonable value of any noncash |
12 | severance benefits or postemployment benefits not otherwise |
13 | accruing under the contract or pursuant to law, that: |
14 | (i) If the agreement takes effect two (2) years or more |
15 | prior to the end of the specified contract term, exceeds the |
16 | equivalent of one (1) year's compensation and benefits otherwise |
17 | due under the contract. |
18 | (ii) If the agreement takes effect less than two (2) years |
19 | prior to the end of the specified contract term, exceeds the |
20 | equivalent of one-half of the total compensation and benefits |
21 | due under the contract for the remainder of the term. |
22 | Section 11. The act is amended by adding a section to read: |
23 | Section 1073.1. Performance Review.--(a) In addition to any |
24 | other requirements provided for under this act, the employment |
25 | contract for a district superintendent or assistant district |
26 | superintendent shall include objective performance standards |
27 | mutually agreed to in writing by the board of school directors |
28 | and the district superintendent or assistant district |
29 | superintendent. The objective performance standards may be based |
|
1 | upon the following: |
2 | (1) achievement of annual measurable objectives established |
3 | by the school district; |
4 | (2) achievement on Pennsylvania System of School Assessment |
5 | (PSSA) tests; |
6 | (3) achievement on Keystone Exams; |
7 | (4) student growth as measured by the Pennsylvania Value- |
8 | Added Assessment System; |
9 | (5) attrition rates or graduation rates; |
10 | (6) financial management standards; |
11 | (7) standards of operational excellence; or |
12 | (8) any additional criteria deemed relevant and mutually |
13 | agreed to by the board of school directors and the district |
14 | superintendent or assistant district superintendent. |
15 | (b) The board of school directors shall conduct a formal |
16 | written performance assessment of the district superintendent |
17 | and assistant district superintendent annually. A time frame for |
18 | the assessment shall be included in the contract. |
19 | (b.1) The board of school directors shall post the mutually |
20 | agreed to objective performance standards contained in the |
21 | contract on the school district's publicly accessible Internet |
22 | website. Upon completion of the annual performance assessment, |
23 | the board of school directors shall post the date of the |
24 | assessment and whether or not the district superintendent and |
25 | assistant district superintendent have met the agreed to |
26 | objective performance standards on the school district's |
27 | publicly accessible Internet website. |
28 | (c) The State Board of Education may promulgate regulations |
29 | pursuant to the act of June 25, 1982 (P.L.633, No.181), known as |
30 | the "Regulatory Review Act," in order to implement this section. |
|
1 | Section 12. Sections 1076 and 1077 of the act, amended |
2 | January 16, 1974 (P.L.1, No.1), are amended to read: |
3 | Section 1076. Election of Assistant District |
4 | Superintendents[, Except in Districts First Class].--[Except in |
5 | districts of the first class, assistant] Assistant district |
6 | superintendents shall be chosen by a majority vote of all the |
7 | members of the board of school directors of the district, for a |
8 | term of [from] three to five years upon the nomination by the |
9 | district superintendent. |
10 | Section 1077. Term and Salary of Assistants.--(a) Assistant |
11 | district superintendents may serve through the term of the |
12 | district superintendent, or enter a contract for a term of |
13 | [from] three to five years at salaries paid by the district, and |
14 | fixed by a majority vote of the whole board of school directors |
15 | prior to their election. The contract shall be subject to the |
16 | act of February 14, 2008 (P.L.6, No.3), known as the "Right-to- |
17 | Know Law." |
18 | (b) At a regular meeting of the board of school directors |
19 | occurring at least one hundred fifty (150) days prior to the |
20 | expiration date of the term of office of the assistant district |
21 | superintendent, the agenda shall include an item requiring |
22 | affirmative action by five (5) or more members of the board of |
23 | school directors to notify the assistant district superintendent |
24 | that the board intends to retain him for a further term of |
25 | [from] three (3) to five (5) years or that another or other |
26 | candidates will be considered for the office. In the event that |
27 | the board fails to take such action at a regular meeting of the |
28 | board of school directors occurring at least one hundred fifty |
29 | (150) days prior to the expiration date of the term of office of |
30 | the assistant district superintendent, he shall continue in |
|
1 | office for a further term of similar length to that which he is |
2 | serving. |
3 | Section 13. Section 1078 of the act, amended January 14, |
4 | 1970 (1969 P.L.468, No.192), is amended to read: |
5 | Section 1078. Commissions.--District superintendents and |
6 | assistant district superintendents shall be commissioned by the |
7 | [Superintendent of Public Instruction] Secretary of Education. |
8 | Section 14. Section 1080 of the act is amended to read: |
9 | Section 1080. Removal.--(a) District superintendents and |
10 | assistant district superintendents may be removed from office |
11 | and have their contracts terminated, after hearing, by a |
12 | majority vote of the board of school directors of the district, |
13 | for neglect of duty, incompetency, intemperance, or immorality, |
14 | of which hearing notice of at least one week has been sent by |
15 | mail to the accused, as well as to each member of the board of |
16 | school directors. |
17 | (b) The board of school directors shall publicly disclose at |
18 | the next regularly scheduled monthly meeting the removal of a |
19 | district superintendent or assistant district superintendent |
20 | from office under subsection (a). |
21 | (c) Proceedings under this section shall be held under 2 |
22 | Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of |
23 | local agencies). |
24 | Section 14.1. Section 1123 of the act, amended March 29, | <-- |
25 | 1996 (P.L.47, No.16), is amended to read: |
26 | Section 1123. Rating System.--(a) In determining whether a |
27 | professional employe shall be dismissed for incompetency or |
28 | unsatisfactory teaching performance as provided for in section |
29 | 1122(a) of this act, and in rating [the services of a temporary |
30 | professional employe, the professional employe or temporary |
|
1 | professional employe shall be rated by an approved rating system |
2 | which shall give due consideration to personality, preparation, |
3 | technique, and pupil reaction, in accordance with standards and |
4 | regulations for such scoring as defined by rating cards to be |
5 | prepared by the Department of Education, and to be revised, from |
6 | time to time, by the Department of Education with the |
7 | cooperation and advice of a committee appointed by the Secretary |
8 | of Education, including representation from district |
9 | superintendents of schools, classroom teachers, school |
10 | directors, school supervisors, parents of school-age children |
11 | enrolled in a public school, a representative from a college or |
12 | department of education within a higher education institution |
13 | located within this Commonwealth, and such other groups or |
14 | interests as the Secretary of Education may deem appropriate. |
15 | Rating shall be done by or under the supervision of the |
16 | superintendent of schools or, if so directed by him, the same |
17 | may be done by an assistant superintendent, a supervisor, or a |
18 | principal, who has supervision over the work of the professional |
19 | employe or temporary professional employe who is being rated: |
20 | Provided, That no unsatisfactory rating shall be valid unless |
21 | approved by the district superintendent.] professional employes |
22 | and temporary professional employes, all professional employes |
23 | and temporary professional employes shall be rated through the |
24 | use of an approved rating tool developed by the Secretary of |
25 | Education in consultation with education experts, parents of |
26 | school-age children enrolled in a public school, teachers and |
27 | administrators, including research and collaboration conducted |
28 | by the department. |
29 | (b) For professional employes and temporary professional |
30 | employes who serve as classroom teachers, the following shall |
|
1 | apply: |
2 | (1) Beginning in the 2013-2014 school year, the evaluation |
3 | of the effectiveness of professional employes and temporary |
4 | professional employes serving as classroom teachers shall give |
5 | due consideration to the following: |
6 | (i) Classroom observation and practice models that are |
7 | related to student achievement in each of the following areas: |
8 | (A) Planning and preparation. |
9 | (B) Classroom environment. |
10 | (C) Instruction. |
11 | (D) Professional responsibilities. |
12 | (ii) Student performance, which shall comprise fifty per |
13 | centum (50%) of the overall rating of the professional employe |
14 | or temporary professional employe serving as a classroom teacher |
15 | and shall be based upon multiple measures of student |
16 | achievement. The fifty per centum (50%) shall be comprised of |
17 | the following: |
18 | (A) Fifteen per centum (15%) building level data including, |
19 | but not limited to, all of the following: |
20 | (I) Student performance on assessments. |
21 | (II) Value-added assessment system data made available by |
22 | the department under section 221. |
23 | (III) Graduation rate as reported to the department under |
24 | section 222. |
25 | (IV) Promotion rate. |
26 | (V) Attendance rate as reported to the department under |
27 | section 2512. |
28 | (VI) Advanced placement course participation. |
29 | (VII) Scholastic aptitude test and preliminary scholastic |
30 | aptitude test data. |
|
1 | (B) Fifteen per centum (15%) teacher specific data |
2 | including, but not limited to, student achievement attributable |
3 | to a specific teacher as measured by all of the following: |
4 | (I) Student performance on assessments. |
5 | (II) Value-added assessment system data made available by |
6 | the department under section 221. |
7 | (III) Progress in meeting the goals of student |
8 | individualized education plans required under the Individuals |
9 | With Disabilities Education Act (Public Law 91-230, 20 U.S.C. § |
10 | 1400 et seq.). |
11 | (IV) Locally developed school district rubrics. |
12 | (C) Twenty per centum (20%) elective data including measures |
13 | of student achievement that are locally developed and selected |
14 | by the school district from a list approved by the department |
15 | and published in the Pennsylvania Bulletin by June 30 of each |
16 | year including, but not limited to, the following: |
17 | (I) District-designed measures and examinations. |
18 | (II) Nationally recognized standardized tests. |
19 | (III) Industry certification examinations. |
20 | (IV) Student projects pursuant to local requirements. |
21 | (V) Student portfolios pursuant to local requirements. |
22 | (2) (i) No later than June 30, 2013, the department shall |
23 | develop, issue and publish in the Pennsylvania Bulletin a rating |
24 | tool for professional employes and temporary professional |
25 | employes serving as classroom teachers that is consistent with |
26 | this subsection and includes the weights given to the multiple |
27 | measures of student performance contained in clause (1)(ii). |
28 | (ii) Following publication, the rating tool developed under |
29 | this subsection shall be used in the rating of all professional |
30 | employes and temporary professional employes serving as |
|
1 | classroom teachers. |
2 | (iii) After June 30, 2013, any changes to the rating tool |
3 | developed under this subsection shall be made by the State Board |
4 | of Education through regulations promulgated under the act of |
5 | June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review |
6 | Act." |
7 | (c) For professional employes and temporary professional |
8 | employes serving as principals, the following shall apply: |
9 | (1) Beginning in the 2014-2015 school year, principal |
10 | effectiveness shall be measured using a rating tool designed |
11 | specifically for professional employes and temporary |
12 | professional employes serving as principals which shall give due |
13 | consideration to the following: |
14 | (i) Planning and preparation. |
15 | (ii) School environment. |
16 | (iii) Delivery of service. |
17 | (iv) Professional development. |
18 | (v) Student performance, pursuant to clause (2). |
19 | (2) Student performance shall be measured as provided in |
20 | subsection (b)(1)(ii) for professional employes and temporary |
21 | professional employes supervised by the principal and shall |
22 | comprise fifty per centum (50%) of the principal's overall |
23 | rating. The fifty per centum (50%) shall be comprised of the |
24 | following: |
25 | (A) Fifteen per centum (15%) building level data, including, |
26 | but not limited to, all of the following: |
27 | (I) Student performance on assessments. |
28 | (II) Value-added assessment system data made available by |
29 | the department under section 221. |
30 | (III) Graduation rate as reported to the department under |
|
1 | section 222. |
2 | (IV) Promotion rate. |
3 | (V) Attendance rate as reported to the department under |
4 | section 2512. |
5 | (VI) Advanced placement course participation. |
6 | (VII) Scholastic aptitude test and preliminary scholastic |
7 | aptitude test data. |
8 | (B) Fifteen per centum (15%) correlation data based on |
9 | teacher level measures. |
10 | (C) Twenty per centum (20%) elective data including measures |
11 | of student achievement that are locally developed and selected |
12 | by the school district from a list approved by the department |
13 | and published in the Pennsylvania Bulletin by June 30 each year, |
14 | which shall include, but not be limited to, the following: |
15 | (I) District-designed measures and examinations. |
16 | (II) Nationally recognized standardized tests. |
17 | (III) Industry certification examinations. |
18 | (IV) Student projects pursuant to local requirements. |
19 | (V) Student portfolios pursuant to local requirements. |
20 | (3) (i) No later than June 30, 2014, the department shall |
21 | develop, issue and publish in the Pennsylvania Bulletin a rating |
22 | tool for professional employes and temporary professional |
23 | employes serving as principals that is consistent with this |
24 | subsection and includes the weights given to the multiple |
25 | measures of student performance contained in clause (2). |
26 | (ii) Following publication, the rating tool developed under |
27 | this subsection shall be used in the rating of all principals |
28 | superseding all other rating cards and forms used previously. |
29 | (iii) After June 30, 2014, any changes to the rating tool |
30 | developed under this subsection shall be made by the State Board |
|
1 | of Education through regulations promulgated under the |
2 | "Regulatory Review Act." |
3 | (d) For nonteaching professional employes, the following |
4 | shall apply: |
5 | (1) Beginning in the 2014-2015 school year, nonteaching |
6 | professional employes shall be evaluated using a rating tool |
7 | designed specifically for nonteaching professional employes |
8 | which shall give due consideration to the following: |
9 | (i) Planning and preparation. |
10 | (ii) Educational environment. |
11 | (iii) Delivery of service. |
12 | (iv) Professional development. |
13 | (v) Student performance of all students in the school |
14 | building in which the nonteaching professional employe is |
15 | employed which shall comprise twenty per centum (20%) of the |
16 | overall rating of nonteaching professional employes and |
17 | temporary professional employes. |
18 | (2) (i) No later than June 30, 2014, the department shall |
19 | develop, issue and publish in the Pennsylvania Bulletin a rating |
20 | tool for nonteaching professional employes that is consistent |
21 | with this subsection and includes the weights given to the |
22 | multiple measures of student performance contained in clause |
23 | (1)(v). |
24 | (ii) Following publication, the rating tool developed under |
25 | this subsection shall be used in the rating of all nonteaching |
26 | professional employes. |
27 | (iii) After June 30, 2014, any subsequent changes to the |
28 | rating tool developed under this paragraph shall be made by the |
29 | State Board of Education through regulations promulgated under |
30 | the "Regulatory Review Act." |
|
1 | (e) Notwithstanding subsections (b), (c) and (d), |
2 | professional employes and temporary professional employes |
3 | serving as classroom teachers, principals and nonteaching |
4 | professional employes may be evaluated through the use of a |
5 | rating tool developed by an individual school district, |
6 | intermediate unit or area vocational-technical school that the |
7 | department has approved as meeting or exceeding the measures of |
8 | effectiveness established under this section. |
9 | (f) (1) Each rating tool developed or approved under this |
10 | section shall identify the overall performance rating of the |
11 | professional employes and temporary professional employes |
12 | serving as classroom teachers, principals and nonteaching |
13 | professional employes as one of the following: |
14 | (i) Distinguished. |
15 | (ii) Proficient. |
16 | (iii) Needs improvement. |
17 | (iv) Failing. |
18 | (2) An overall performance rating of either "distinguished" |
19 | or "proficient" shall be considered satisfactory. |
20 | (3) An overall performance rating of "needs improvement" |
21 | shall be considered satisfactory, except that any subsequent |
22 | overall rating of "needs improvement" issued by the same |
23 | employer within ten (10) years of the first overall performance |
24 | rating of "needs improvement" where the employe is in the same |
25 | certification shall be considered unsatisfactory. |
26 | (4) An overall performance rating of "failing" shall be |
27 | considered unsatisfactory. |
28 | (5) An overall performance rating of "needs improvement" or |
29 | "failing" shall require the employe to participate in a |
30 | performance improvement plan. No employe shall be rated "needs |
|
1 | improvement" or "failing" based solely upon student test scores. |
2 | (6) The department shall develop a rating scale to reflect |
3 | student performance measures and employe observation results and |
4 | establish overall score ranges for each of the four rating |
5 | categories contained in clause (1). |
6 | (g) Upon publication in the Pennsylvania Bulletin of a |
7 | rating tool developed under this section, the rating cards set |
8 | forth in 22 Pa. Code § 351.21 (relating to rating form) and any |
9 | alternative rating forms approved pursuant to 22 Pa. Code Ch. |
10 | 351 (relating to teacher tenure hearings) prior to the |
11 | implementation of this section shall be discontinued for use in |
12 | the evaluation of professional and temporary professional |
13 | employes. |
14 | (h) The following shall apply to the ratings of all |
15 | professional employes and temporary professional employes: |
16 | (1) All ratings shall be completed using the rating tools |
17 | developed or approved under this section. |
18 | (2) Professional employes shall be rated at least annually |
19 | and temporary professional employes shall be rated at least |
20 | twice annually. |
21 | (3) Ratings shall be performed by or under the supervision |
22 | of the chief school administrator or, if so directed by the |
23 | chief school administrator, by an assistant administrator, a |
24 | supervisor or a principal who has supervision over the work of |
25 | the professional employe or temporary professional employe being |
26 | rated, provided that no unsatisfactory rating shall be valid |
27 | unless approved by the chief school administrator. |
28 | (4) No employe shall be dismissed under section 1122 unless |
29 | the employe has been provided a completed rating tool provided |
30 | for under this section, which includes a description based upon |
|
1 | classroom observations of deficiencies in practice supported by |
2 | detailed anecdotal records that justify the unsatisfactory |
3 | rating. |
4 | (i) All school districts, intermediate units and area |
5 | vocational-technical schools shall provide to the department the |
6 | aggregate results of all professional employe and temporary |
7 | professional employe, principal and nonteaching professional |
8 | employe evaluations. |
9 | (j) (1) Any rating tool developed by the Department of |
10 | Education under this section shall be exempt from: |
11 | (i) Sections 201, 202, 203, 204 and 205 of the act of July |
12 | 31, 1968 (P.L.769, No.240), referred to as the "Commonwealth |
13 | Documents Law." |
14 | (ii) Section 204(b) of the act of October 15, 1980 (P.L.950, |
15 | No.164), known as the "Commonwealth Attorneys Act." |
16 | (iii) The "Regulatory Review Act." |
17 | (2) This subsection shall not apply to any changes made to a |
18 | rating tool or new rating tool developed by the State Board of |
19 | Education pursuant to subsections (b)(2)(iii), (c)(3)(iii) and |
20 | (d)(2)(iii). |
21 | (k) The State Board of Education may develop standards or |
22 | regulations consistent with this section. |
23 | (l) (1) The department's duty to develop a rating tool |
24 | under subsection (b)(2) shall expire on June 30, 2013. |
25 | (2) The department's duty to develop rating tools under |
26 | subsections (c)(3) and (d)(2) shall expire on June 30, 2014. |
27 | (m) No collective bargaining agreement negotiated by a |
28 | school district and an exclusive representative of the employes |
29 | in accordance with the act of July 23, 1970 (P.L.563, No.195), |
30 | known as the "Public Employe Relations Act," after the effective |
|
1 | date of this subsection shall provide for a rating system other |
2 | than as provided for in this section. A provision in any |
3 | agreement or contract in effect on the effective date of this |
4 | subsection that provides for a rating system in conflict with |
5 | this section shall be discontinued in any new or renewed |
6 | agreement or contract or during the period of status quo |
7 | following an expired contract. |
8 | (n) The requirements of this section shall apply to all |
9 | school districts, intermediate units and area vocational- |
10 | technical schools. |
11 | (o) For purposes of this section: |
12 | (1) The term "assessment" shall mean the Pennsylvania System |
13 | of School Assessment test, the Keystone Exam, an equivalent |
14 | local assessment or another test established by the State Board |
15 | of Education to meet the requirements of section |
16 | 2603-B(d)(10)(i) and required under the No Child Left Behind Act |
17 | of 2001 (Public Law 107-110, 115 Stat. 1425) or its successor |
18 | statute or required to achieve other standards established by |
19 | the department for the school or school district under 22 Pa. |
20 | Code § 403.3 (relating to single accountability system). |
21 | (2) The term "chief school administrator" shall include |
22 | individuals who are employed as a school district |
23 | superintendent, an executive director of an intermediate unit or |
24 | a chief school administrator of an area vocational-technical |
25 | school. |
26 | (3) The term "classroom teacher" shall mean a professional |
27 | employe or temporary professional employe who provides direct |
28 | instruction to students related to a specific subject or grade |
29 | level. |
30 | (4) The term "department" shall mean the Department of |
|
1 | Education of the Commonwealth. |
2 | (5) The term "education specialist" shall have the meaning |
3 | given to it under the act of December 12, 1973 (P.L.397, |
4 | No.141), known as the "Professional Educator Discipline Act." |
5 | (6) The term "nonteaching professional employe" shall mean |
6 | an education specialist or a professional employe or temporary |
7 | professional employe who provides services other than classroom |
8 | instruction. |
9 | (7) The term "performance improvement plan" shall mean a |
10 | plan, designed by a district with input of the employe, that may |
11 | include mentoring, coaching, recommendations for professional |
12 | development and intensive supervision based on the contents of |
13 | the rating tool provided for under this section. |
14 | (8) The term "principal" shall include a building principal, |
15 | an assistant principal, a vice principal or a director of |
16 | vocational education. |
17 | (p) An employe's individual rating form shall not be subject |
18 | to disclosure under the act of February 14, 2008 (P.L.6, No.3), |
19 | known as the "Right-to-Know Law." |
20 | Section 15. Section 1124 of the act, amended August 8, 1963 |
21 | (P.L.564, No.299), is amended to read: |
22 | Section 1124. Causes for Suspension.--(a) Any board of |
23 | school directors may suspend the necessary number of |
24 | professional employes, for any of the causes hereinafter |
25 | enumerated: |
26 | (1) [Substantial] substantial decrease in pupil enrollment |
27 | in the school district; |
28 | (2) [Curtailment] curtailment or alteration of the |
29 | educational program on recommendation of the superintendent[, |
30 | concurred in] and on concurrence by the board of school |
|
1 | directors, [approved by the Department of Public Instruction,] |
2 | as a result of substantial decline in class or course |
3 | enrollments or to conform with standards of organization or |
4 | educational activities required by law or recommended by the |
5 | Department of Public Instruction; |
6 | (3) [Consolidation] consolidation of schools, whether within |
7 | a single district, through a merger of districts, or as a result |
8 | of joint board agreements, when such consolidation makes it |
9 | unnecessary to retain the full staff of professional |
10 | employes[.]; or |
11 | (4) [When] when new school districts are established as the |
12 | result of reorganization of school districts pursuant to Article |
13 | II., subdivision (i) of this act, and when such reorganization |
14 | makes it unnecessary to retain the full staff of professional |
15 | employes. |
16 | (b) Notwithstanding an existing or future provision in a |
17 | collective bargaining agreement or other similar employment |
18 | contract to the contrary, suspension of a professional employe |
19 | due to the curtailment or alteration of the educational program |
20 | as set forth in subsection (a)(2) may be effectuated without the |
21 | approval of the curtailment or alteration of the educational |
22 | program by the Department of Education, provided that where an |
23 | educational program is altered or curtailed as set forth in |
24 | subsection (a)(2), the school district shall notify the |
25 | Department of Education of the actions taken pursuant to |
26 | subsection (a)(2). The Department of Education shall post all |
27 | notifications received from a school district pursuant to this |
28 | subsection on the Department of Education's publicly accessible |
29 | Internet website. |
30 | Section 16. Section 1205.1(c) of the act, amended June 22, |
|
1 | 2001 (P.L.530, No.35), is amended to read: |
2 | Section 1205.1. Continuing Professional Development.--* * * |
3 | (c) The professional education plan of each school entity |
4 | shall be designed to meet the educational needs of that school |
5 | entity and its professional employes. A school entity shall |
6 | annually review its plan to determine whether or not it |
7 | continues to reflect the needs of the school entity [and its |
8 | strategic plan] and the needs of its professional employes, |
9 | students and the community. The plan shall be amended as |
10 | necessary to ensure that the plan meets the requirements of this |
11 | subsection. The plan shall specify the continuing professional |
12 | educational courses, programs, activities and other learning |
13 | experiences approved to meet continuing professional development |
14 | requirements under section 1205.2(c), including efforts designed |
15 | to improve teacher knowledge in subject areas covering the |
16 | academic standards listed in 22 Pa. Code Ch. 4 (relating to |
17 | academic standards and assessment). |
18 | * * * |
19 | Section 16.1. Section 1308 of the act, amended June 7, 1993 |
20 | (P.L.49, No.16), is amended to read: |
21 | Section 1308. Liability for Tuition and Enforcement of |
22 | Payment.--(a) In all cases not covered by the preceding section |
23 | if a charge is made by any school district for tuition for the |
24 | inmates of any such institution, the officers of the institution |
25 | shall submit to the board of school directors a sworn statement, |
26 | setting forth the names, ages, and school districts liable for |
27 | tuition of all children who are inmates thereof, and desire to |
28 | attend public school in the district. The district in which the |
29 | institution is located shall obtain a blank acknowledging or |
30 | disclaiming residence, signed by the secretary of the school |
|
1 | district in which the institution declares the legal residence |
2 | of the child to be. If said district shall fail to file said |
3 | blank within fifteen (15) days from the date it is sent to the |
4 | district by registered mail, the district in which the |
5 | institution is located shall again notify the district of its |
6 | failure to comply with the provisions of this act. If the |
7 | district shall fail to comply within fifteen (15) days following |
8 | the second notice, said failures to return the blank shall be |
9 | construed as an acknowledgement of said child's residence. The |
10 | tuition of such inmates as are included in the sworn statement |
11 | to the board of school directors shall be paid by the district |
12 | of residence of the inmates upon receipt of a bill from the |
13 | district in which the institution is located setting forth the |
14 | names, ages and tuition charges of the inmates. The district so |
15 | charged with tuition may file an appeal with the Secretary of |
16 | Education, in which it shall be the complainant and the district |
17 | in which the institution is located the respondent. The decision |
18 | of the Secretary of Education, as to which of said parties is |
19 | responsible for tuition, shall be final. |
20 | (b) In the event that the district in which the institution |
21 | is located contracts with a third party to provide educational |
22 | services to children who are inmates of the institution, the |
23 | third party may seek payment of tuition directly from the |
24 | district of residence. The third party shall notify the district |
25 | in which the institution is located of its payment request to |
26 | the district of residence and, if the district of residence |
27 | makes payment to the third party, the third party shall notify |
28 | the district in which the institution is located. Such payment |
29 | to the third party shall satisfy and extinguish the contractual |
30 | payment obligation of the district in which the institution is |
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1 | located. The district so charged with tuition by the third party |
2 | may file an appeal with the secretary as set forth in subsection |
3 | (a). |
4 | (c) If any inmates have been received from outside of |
5 | Pennsylvania, or if the institution cannot certify as to their |
6 | residence, their tuition shall be paid by the institution having |
7 | the care or custody of said children, except in the case of |
8 | medically indigent children hospitalized in exclusively |
9 | charitable children's hospitals exempt under section 501(c)(3) |
10 | of the Internal Revenue Code which make no charges to any of its |
11 | patients nor accepts any third-party payments for services |
12 | provided to any of its patients. In such cases their tuition |
13 | shall be paid by the Commonwealth out of moneys appropriated by |
14 | the General Assembly for the purposes of this act. Enrollment of |
15 | any out-of-state student in a school district or intermediate |
16 | unit program shall be conditioned upon a guarantee, or actual |
17 | advance receipt, of tuition and transportation payment from the |
18 | institution, from the student's home state or out-of-state |
19 | school district, or from the out-of-state party or agency which |
20 | placed the student in the institution, except in the case of |
21 | medically indigent children hospitalized in exclusively |
22 | charitable children's hospitals exempt under section 501(c)(3) |
23 | of the Internal Revenue Code which make no charges to any of its |
24 | patients nor accepts any third-party payments for services |
25 | provided to any of its patients where the Commonwealth is paying |
26 | the tuition as otherwise provided for in this paragraph. If the |
27 | Secretary of Education decides that the legal residence of any |
28 | of said inmates is in Pennsylvania, but cannot be fixed in a |
29 | particular district, the Commonwealth shall pay the tuition of |
30 | such inmate out of moneys appropriated to the Department of |
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1 | Education by the General Assembly for the maintenance and |
2 | support of the public schools of the Commonwealth. |
3 | Section 17. Section 1337.1 of the act, amended or added May |
4 | 10, 2000 (P.L.44, No.16) and July 20, 2007 (P.L.278, No.45), is |
5 | amended to read: |
6 | Section 1337.1. School Lunch and Breakfast Reimbursement.-- |
7 | (a) Schools that participate in the school lunch program shall |
8 | be reimbursed in the following manner: |
9 | (1) Subject to future adjustments under clause (2), each |
10 | school which offers the school lunch program shall receive a |
11 | reimbursement of no less than ten cents (10¢) per lunch served, |
12 | exclusive of any reimbursements under subsection (c). |
13 | (2) For the 2000-2001 school year and each school year |
14 | thereafter, reimbursements for the school lunch program shall be |
15 | fixed by regulation of the Department of Education: Provided, |
16 | That such reimbursements shall be no less than the amounts per |
17 | lunch served established by clause (1). |
18 | (b) Schools that participate in the school breakfast program |
19 | shall be reimbursed in the following manner: |
20 | (1) Subject to future adjustments under clause (2), each |
21 | school which offers the school breakfast program shall receive a |
22 | reimbursement of no less than ten cents (10¢) per breakfast |
23 | served. |
24 | (2) For the 2000-2001 school year and each school year |
25 | thereafter, reimbursements for the school breakfast program |
26 | shall be fixed by regulation of the Department of Education: |
27 | Provided, That such reimbursements shall be no less than the |
28 | amounts per breakfast served established by clause (1). |
29 | (c) Schools that participate in both the school lunch |
30 | program and the school breakfast program shall be provided with |
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1 | the following incentive reimbursements: |
2 | (1) Subject to future adjustments under clause (3), each |
3 | school which offers both a school lunch program under subsection |
4 | (a) and a school breakfast program under subsection (b) which |
5 | serves less than or equal to twenty per centum (20%) of its |
6 | student enrollment shall receive an additional reimbursement of |
7 | two cents (2¢) per lunch served. |
8 | (2) Subject to future adjustments under clause (3), each |
9 | school which offers a school lunch program under subsection (a) |
10 | and a school breakfast program under subsection (b) which serves |
11 | more than twenty per centum (20%) of its student enrollment |
12 | shall receive an additional reimbursement of four cents (4¢) per |
13 | lunch served. |
14 | (3) For the 2000-2001 school year and each school year |
15 | thereafter, reimbursements for the school breakfast incentive |
16 | program shall be fixed by regulation of the Department of |
17 | Education: Provided, That such reimbursement shall be no less |
18 | than the amounts per lunch served established by clauses (1) and |
19 | (2). |
20 | [(c.1) (1) In order to promote initiatives regarding child |
21 | health and nutrition, the department shall establish a School |
22 | Nutrition Incentive Program. The program shall provide a |
23 | supplemental school lunch and breakfast reimbursement to any |
24 | school in a local education agency that has adopted and |
25 | implemented the nutritional guidelines for food and beverages |
26 | available on each school campus published by the department |
27 | pursuant to section 1422.3(5). |
28 | (2) To qualify, the local wellness policy adopted by the |
29 | local education agency pursuant to section 1422.1 must indicate |
30 | adoption of such guidelines. |
|
1 | (3) For the 2007-2008 school year and each school year |
2 | thereafter, supplemental reimbursement shall be provided to |
3 | schools in qualifying local education agencies as follows: |
4 | (i) Each school that offers the school lunch program under |
5 | subsection (a) shall receive an additional reimbursement of one |
6 | cent (1¢) per lunch served, exclusive of any additional |
7 | supplemental reimbursement under subclause (iii) or (iv). |
8 | (ii) Each school that offers the school breakfast program |
9 | under subsection (b) shall receive an additional reimbursement |
10 | of one cent (1¢) per breakfast served, exclusive of any |
11 | additional supplemental reimbursement under subclause (iii) or |
12 | (iv). |
13 | (iii) Each school that offers both a school lunch program |
14 | under subsection (a) and a school breakfast program under |
15 | subsection (b) that serves breakfast to less than or equal to |
16 | twenty per centum (20%) of its student enrollment shall receive |
17 | an additional reimbursement of two cents (2¢) per lunch served. |
18 | (iv) Each school that offers both a school lunch program |
19 | under subsection (a) and a school breakfast program under |
20 | subsection (b) that serves breakfast to more than twenty per |
21 | centum (20%) of its student enrollment shall receive an |
22 | additional reimbursement of three cents (3¢) per lunch served.] |
23 | (d) For the purposes of this section, the following terms |
24 | shall have the following meanings: |
25 | "School" shall have the same meaning as given to that term in |
26 | 7 CFR 210.2 (relating to definitions). |
27 | "School lunch program" shall have the same meaning as given |
28 | to the term "National School Lunch Program" in 7 CFR 210.2 |
29 | (relating to definitions). |
30 | "School breakfast program" shall have the same meaning as |
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1 | given to that term in 7 CFR Pt. 220 (relating to School |
2 | Breakfast Program). |
3 | Section 18. Section 1302.1-A(a) of the act, added November |
4 | 17, 2010 (P.L.996, No.104), is amended to read: |
5 | Section 1302.1-A. Regulations.--(a) Within one year of the |
6 | effective date of this section, the State Board of Education |
7 | shall promulgate final-omitted regulations pursuant to the act |
8 | of June 25, 1982 (P.L.633, No.181), known as the "Regulatory |
9 | Review Act," necessary to implement this article. The |
10 | regulations shall include the following: |
11 | (1) A model memorandum of understanding between school |
12 | entities and local police departments. The model memorandum of |
13 | understanding shall be reviewed on a biennial basis and revised |
14 | where necessary. The State Board of Education may revise the |
15 | model memorandum of understanding by publishing a notice in the |
16 | Pennsylvania Bulletin that contains the complete revised model |
17 | memorandum of understanding. The revised model memorandum of |
18 | understanding shall be incorporated into the Pennsylvania Code |
19 | in place of the existing model memorandum of understanding. |
20 | (2) Protocol for the notification of the police department |
21 | when an offense listed under section 1303-A(b)(4.1) occurs on |
22 | school property, which shall include a requirement that the |
23 | local police department be notified immediately when such an |
24 | offense occurs. |
25 | (3) Protocol for the notification of the police department |
26 | at the discretion of the chief school administrator regarding an |
27 | offense listed under section 1303-A(b)(4.2) or any other offense |
28 | that occurs on school property. |
29 | (4) Protocol for emergency and nonemergency response by the |
30 | police department, which shall include a requirement that the |
|
1 | school district shall supply the police department with a copy |
2 | of the comprehensive disaster response and emergency |
3 | preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating |
4 | to duties concerning disaster prevention). |
5 | (5) Procedures and protocols for the response and handling |
6 | of students with a disability, including procedures related to |
7 | student behavior as required by 22 Pa. Code §§ 14.104 (relating |
8 | to special education plans) and 14.133 (relating to positive |
9 | behavior support). |
10 | * * * |
11 | Section 19. Section 1422.1 of the act, amended November 17, |
12 | 2010 (P.L.996, No.104), is amended to read: |
13 | Section 1422.1. Local Wellness Policy.--(a) Not later than |
14 | the first day of the school year beginning after June 30, 2006, |
15 | each local education agency shall, pursuant to section 204 of |
16 | the Child Nutrition and WIC Reauthorization Act of 2004 (Public |
17 | Law 108-265, 118 Stat. 729), establish a local wellness policy |
18 | for schools within the local education agency. |
19 | [(b) A local education agency to which 22 Pa. Code § 4.13 |
20 | (relating to strategic plans) applies shall include the local |
21 | wellness policy as part of the strategic plan required under 22 |
22 | Pa. Code § 4.13.] |
23 | (c) A local education agency may submit its local wellness |
24 | policy or information on other initiatives regarding child |
25 | health, nutrition, food allergy reaction management and physical |
26 | education to the Department of Education for inclusion in the |
27 | clearinghouse established under section 1422.3(3). [An update to |
28 | the policy information may be done in concert with the scheduled |
29 | submission of the school district's strategic plan as required |
30 | under 22 Pa. Code § 4.13.] |
|
1 | Section 19.1. The act is amended by adding a section to |
2 | read: |
3 | Section 1439. Cardiopulmonary Resuscitation.--(a) A school |
4 | entity shall have at each school, or in the case of a cyber |
5 | charter school at each location, under its jurisdiction, except |
6 | in extenuating circumstances, one person certified in the use of |
7 | cardiopulmonary resuscitation during regular school hours when |
8 | school is in session and students are present. |
9 | (b) The provisions of 42 Pa.C.S. §§ 8332 (relating to |
10 | nonmedical good Samaritan civil immunity) and 8337.1 (relating |
11 | to civil immunity of school officers or employees relating to |
12 | emergency care, first aid and rescue) shall apply to a person |
13 | who renders cardiopulmonary resuscitation. |
14 | (c) As used in this section, "school entity" means an area |
15 | vocational-technical school, a charter school, a cyber charter |
16 | school, an intermediate unit, a nonpublic school or a school |
17 | district. |
18 | Section 20. Section 1524(a) of the act, added December 9, |
19 | 2002 (P.L.1472, No.187), is amended to read: |
20 | Section 1524. Recognition of American Sign Language |
21 | Courses.--(a) A student shall receive credit for completion of |
22 | a course in American Sign Language at the high school level |
23 | toward the satisfaction of the foreign language requirements |
24 | included in [a school district's strategic plan or] requirements |
25 | for graduation established pursuant to 22 Pa. Code Ch. 4 |
26 | (relating to academic standards and assessment). |
27 | * * * |
28 | Section 21. The act is amended by adding an article to read: |
29 | ARTICLE XV-G |
30 | OPEN CAMPUS INITIATIVES |
|
1 | Section 1501-G. Legislative intent. |
2 | It is the intent of the General Assembly to encourage |
3 | collaborative partnerships between school districts for the |
4 | purpose of providing expanded access to high-quality curricula |
5 | to students in a cost-effective manner through the use of |
6 | technology. |
7 | Section 1502-G. Definitions. |
8 | The following words and phrases when used in this article |
9 | shall have the meaning given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Department." The Department of Education of the |
12 | Commonwealth. |
13 | "Nonparticipating school entity." A school district, which |
14 | is not a party to a cooperative agreement between school |
15 | districts, a charter school, cyber charter school, nonpublic |
16 | school or home education program provided under section 1327.1. |
17 | "Open campus initiative." A program established under |
18 | section 1503-G. |
19 | "Participating school district." A school district which is |
20 | party to the cooperative agreement between school districts |
21 | establishing the open campus initiative. |
22 | Section 1503-G. Open campus initiatives. |
23 | (a) Establishment.--An open campus initiative may be |
24 | established between school districts through a cooperative |
25 | agreement. |
26 | (b) Courses.--Courses of an open campus initiative may be |
27 | delivered outside of a school building in whole or in part using |
28 | technology that may include the Internet, video conferencing or |
29 | other electronic means. |
30 | (c) Grades, credit, promotion and graduation.--Course |
|
1 | grades, credit, promotion and graduation policies for students |
2 | participating in open campus initiative courses shall be |
3 | determined by the school district, charter school, cyber charter |
4 | school, nonpublic school or evaluator of a home education |
5 | program in which the student is enrolled and the cooperative |
6 | agreement between the participating school districts. |
7 | (d) Student eligibility requirements.--Eligibility |
8 | requirements for student participation in open campus initiative |
9 | courses shall be determined by the school district, charter |
10 | school, cyber charter school, nonpublic school or supervisor of |
11 | a home education program in which each student is enrolled and |
12 | the cooperative agreement between the participating school |
13 | districts. |
14 | (e) Nonparticipating school entities.--A cooperative |
15 | agreement between participating school districts may provide for |
16 | students attending a nonparticipating school entity to |
17 | participate in an open campus initiative course. |
18 | (f) Compulsory attendance requirements.--The time during |
19 | which a student participates in open campus initiative courses |
20 | shall be considered to be compliant with the compulsory |
21 | attendance requirements of section 1327. |
22 | (g) Student participation.--The school district, charter |
23 | school, cyber charter school, nonpublic school or home education |
24 | program in which the student is enrolled shall ensure that a |
25 | student participating in open campus initiative courses is |
26 | offered at least 990 hours of instruction at the secondary level |
27 | and 900 hours of instruction at the elementary level. |
28 | (h) Technical assistance.--The department shall provide |
29 | technical assistance as needed to school districts establishing |
30 | and operating an open campus initiative. |
|
1 | Section 1504-G. Cooperative agreements. |
2 | (a) Contents.--School districts desiring to establish and |
3 | operate an open campus initiative shall develop and enter into a |
4 | cooperative agreement that shall, at a minimum, include: |
5 | (1) A policy for grading, credit and promotion of |
6 | students participating in open campus initiative courses. |
7 | (2) A policy for participation of students from |
8 | participating school districts which shall include minimum |
9 | academic and attendance criteria. |
10 | (3) A policy for participation of students from |
11 | nonparticipating school entities, which includes a fee |
12 | schedule for determining tuition charges for courses |
13 | delivered to those students, if the participating school |
14 | districts allow participation of students from |
15 | nonparticipating school entities. |
16 | (4) A policy for discipline and removal of students from |
17 | open campus initiative courses in compliance with State law |
18 | related to student discipline. |
19 | (5) Information about the attribution of student data to |
20 | the school district, charter school, cyber charter school, |
21 | nonpublic school or home education program in which the |
22 | student is enrolled, including student assessment data. |
23 | (6) Information about the sharing of costs between the |
24 | participating school districts. |
25 | (7) Information about the use and distribution of |
26 | tuition revenue. |
27 | (8) Processes for adding and removing open campus |
28 | initiative courses. |
29 | (9) Processes for termination of the open campus |
30 | initiative. |
|
1 | (b) Adoption by boards of school directors.--Each open |
2 | campus initiative cooperative agreement shall be adopted by |
3 | majority vote of the board of school directors of each of the |
4 | participating school districts. |
5 | Section 1505-G. Reimbursements by the Commonwealth. |
6 | For the purpose of making reimbursements under Article XXV, a |
7 | student participating in an open campus initiative shall be |
8 | considered to be enrolled in the school district, charter |
9 | school, cyber charter school, nonpublic school or home education |
10 | program which determines the student's eligibility for |
11 | participation in the open campus initiative. |
12 | Section 1506-G. Parental and public information. |
13 | All policies related to an open campus initiative shall be |
14 | made accessible to parents and posted on the participating |
15 | school districts' publicly accessible Internet websites. |
16 | Section 1507-G. Students with disabilities. |
17 | Nothing in this article or in any policy or cooperative |
18 | agreement developed under this article shall conflict with: |
19 | (1) Federal or State law regarding the protections |
20 | provided to a student with a disability for receiving |
21 | education in the least restrictive environment. |
22 | (2) The legal authority of an individualized education |
23 | program team to make appropriate program and placement |
24 | decisions for a student with a disability in accordance with |
25 | the student's individualized education program. |
26 | Section 1508-G. Collective bargaining. |
27 | Nothing contained in this article shall be construed to |
28 | supersede or preempt the rights, remedies and procedures |
29 | afforded to school employees or labor organizations under |
30 | Federal or State law, including the act of July 23, 1970 |
|
1 | (P.L.563, No.195), known as the Public Employe Relations Act, or |
2 | any provision of a collective bargaining agreement negotiated |
3 | between a school entity and an exclusive representative of the |
4 | employees in accordance with that act. |
5 | Section 22. Section 1607(b) of the act, amended November 23, |
6 | 2010 (P.L.1350, No.123), is amended and the section is amended |
7 | by adding a subsection to read: |
8 | Section 1607. Attendance in Other Districts.--* * * |
9 | (b) If a third class school district operating under a |
10 | special board of control pursuant to section 692 has, with the |
11 | approval of the Secretary of Education, curtailed its |
12 | educational program by eliminating its high school and has not |
13 | assigned its high school pupils to another school district and |
14 | provided adequate transportation in a manner under subsection |
15 | (a), the secretary shall have the following authority: |
16 | (1) To designate two or more school districts, which shall |
17 | accept on a tuition basis the high school students of the |
18 | distressed school district, so long as a designated school |
19 | district's border is no more than three (3) miles from the |
20 | border of the distressed school district. The designation under |
21 | this paragraph shall occur no later than thirty (30) days after |
22 | receiving the approval of the secretary to curtail its |
23 | educational program by the elimination of its high school, |
24 | provided, however, that if any school district meets the |
25 | criteria of this subsection on the effective date of this |
26 | subsection, the designation of school districts shall occur no |
27 | later than thirty (30) days after the effective date of this |
28 | subsection. [No designated school district shall be assigned |
29 | more than one hundred sixty-five (165) students from the |
30 | distressed school district.] |
|
1 | (2) To establish a process for the distressed school |
2 | district to use to reassign its high school students to the |
3 | school districts designated under paragraph (1). |
4 | (3) To establish the per-pupil tuition rate that a school |
5 | district designated under paragraph (1) shall receive for each |
6 | reassigned student in a regular or special education program. |
7 | For the 2010-2011 and 2011-2012 school [year and each school |
8 | year thereafter] years, the tuition rate established under this |
9 | paragraph may not exceed the product of: |
10 | (i) the tuition rate established for the 2007-2008 school |
11 | year; and |
12 | (ii) the greater of: |
13 | (A) two percent (2%); or |
14 | (B) the percentage increase in total budgeted revenues |
15 | available to a distressed school district. |
16 | (4) For the 2012-2013 school year and each school year |
17 | thereafter, the per pupil tuition rate that a school district |
18 | designated under paragraph (1) shall receive for each reassigned |
19 | student in a regular or special education program shall be the |
20 | greater of ten thousand dollars ($10,000) or the product of: |
21 | (i) the tuition rate established for the prior school year; |
22 | and |
23 | (ii) the greater of: |
24 | (A) the percentage increase in total budgeted revenues |
25 | available to a distressed school district; or |
26 | (B) the index set pursuant to the act of June 27, 2006 (1st |
27 | Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act," |
28 | for the distressed school district. |
29 | * * * |
30 | (h.1) For the two (2) consecutive school years following the |
|
1 | effective date of this subsection, a school district designated |
2 | under subsection (b)(1) shall receive an additional per-pupil |
3 | sum of five hundred ($500) dollars for students reassigned and |
4 | entering grades seven, eight and nine pursuant to this section. |
5 | These additional funds shall be used for transition services to |
6 | students, including student mentoring, tutoring, employe in- |
7 | service programs designed to assist transition students and |
8 | security expenditures. |
9 | Section 22.1. The act is amended by adding an article to | <-- |
10 | read: |
11 | ARTICLE XVI-C |
12 | DISCLOSURE OF INTERSCHOLASTIC |
13 | ATHLETICS OPPORTUNITIES |
14 | Section 1601-C. Scope of article. |
15 | This article requires reporting by school entities of |
16 | athletic opportunities afforded to male and female secondary |
17 | school students. |
18 | Section 1602-C. Definitions. |
19 | The following words and phrases when used in this article |
20 | shall have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Athletic facilities." Locker rooms, playing fields, |
23 | gymnasiums, field houses, arenas, athletic training rooms, |
24 | stadiums, weight rooms or any other location used by secondary |
25 | school students and their coaches for sports training, practice, |
26 | competition and coaching. |
27 | "Department." The Department of Education of the |
28 | Commonwealth. |
29 | "Equipment and supplies." Sport-specific equipment and |
30 | supplies, general equipment and supplies, instructional devices |
|
1 | and conditioning and weight training equipment. |
2 | "Participant." A secondary school student who is: |
3 | (1) receiving institutionally sponsored support normally |
4 | provided to athletes competing at the institution involved, |
5 | such as coaching, equipment, medical and training room |
6 | services, on a regular basis during a sport's season; |
7 | (2) participating in organized practice sessions and |
8 | other team meetings and activities on a regular basis during |
9 | a sport's season; and |
10 | (3) listed on the team list on the day of the team's |
11 | first scheduled competition, excluding preseason scrimmages. |
12 | "School entity." A school of a school district, joint school |
13 | district, area vocational-technical school or charter school |
14 | that provides interscholastic athletic opportunities for |
15 | secondary school students. |
16 | "Secondary school student." A student who attends a school |
17 | entity in grades 7 through 12. |
18 | "Travel." Transportation, housing furnished during travel |
19 | and per diem dining allowances. |
20 | "Uniforms." Clothing for practice and games, such as shoes, |
21 | rain gear and warm-up suits. |
22 | Section 1603-C. Duty to disclose. |
23 | (a) Information.--A school entity shall annually submit |
24 | information to the department regarding interscholastic athletic |
25 | opportunity and treatment for male and female secondary school |
26 | students for the preceding school year. |
27 | (b) Disclosure form.--The information shall be submitted on |
28 | a disclosure form and in a manner to be established by the |
29 | department. |
30 | (c) Submission.--By October 15, 2013, and October 15 of each |
|
1 | year thereafter, a school entity shall submit to the department |
2 | the completed disclosure form for the immediately preceding |
3 | school year. |
4 | (d) Public access.--No later than November 1 of each year, a |
5 | school entity shall make a copy of the completed disclosure form |
6 | available for public inspection during regular business hours, |
7 | including on any publicly accessible Internet website of the |
8 | school entity. The completed disclosure form shall constitute a |
9 | public record subject to public inspection under the act of |
10 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
11 | (e) Notice to students and other affected individuals.--As |
12 | soon as the disclosure form required by this section is |
13 | completed, each school entity shall provide notice of its |
14 | availability for review to students, educational personnel, |
15 | student athletes and parents by posting a notice on school |
16 | bulletin boards, in the school newspaper, on any electronic |
17 | mailing list or list serve, and by any other means reasonably |
18 | likely to provide such notice. |
19 | Section 1604-C. Department duties. |
20 | (a) Duties.--The department shall establish a disclosure |
21 | form for the submission of the required information for the |
22 | immediately preceding school year by school entities. The |
23 | department shall provide for the distribution of the disclosure |
24 | form through the department's Internet website and shall provide |
25 | technical assistance to school entities. |
26 | (b) Disclosure form information.--The following information |
27 | shall be collected for all secondary school students in grades 7 |
28 | through 12 and shall be included in the disclosure form: |
29 | (1) The total number of students in each school entity |
30 | as of October 1 of the immediately preceding school year, |
|
1 | including: |
2 | (i) the total number of students by gender; and |
3 | (ii) the total number of male students by race or |
4 | ethnicity and the total number of female students by race |
5 | or ethnicity. |
6 | (2) A listing by gender of each varsity, junior varsity |
7 | and freshman athletic team that competed in interscholastic |
8 | athletic competition. |
9 | (3) For each team identified in paragraph (2), the |
10 | following information: |
11 | (i) The total number of team participants as of the |
12 | day of the first scheduled competition for each team by |
13 | gender. |
14 | (ii) The total number of male team participants by |
15 | race or ethnicity and the total number of female team |
16 | participants by race or ethnicity, as of the day of the |
17 | first scheduled competition for each team. |
18 | (iii) For the initial submission under this article, |
19 | the school year in which each existing interscholastic |
20 | athletic team was established and, for teams that the |
21 | school entity sponsored in the past but no longer |
22 | sponsors, the identity of the team and the year it was |
23 | eliminated or demoted from interscholastic competition. |
24 | For each subsequent year, a listing of interscholastic |
25 | athletic teams that were newly established, |
26 | reestablished, eliminated or demoted from interscholastic |
27 | competition during the reported school year. |
28 | (iv) The seasons during which each interscholastic |
29 | athletic team competed. |
30 | (v) The total value of contributions and purchases |
|
1 | made on behalf of each team by booster clubs, alumni and |
2 | any other nonschool sources. |
3 | (vi) The total expenditures for each team in the |
4 | school year, including a separate listing of expenditures |
5 | for each team in each of the following categories: |
6 | (A) The total amount of expenditures for travel. |
7 | (B) The total amount of expenditures for |
8 | purchase and replacement of athletic uniforms. |
9 | (C) The total amount of expenditures for |
10 | purchase and replacement of equipment and supplies. |
11 | (D) Compensation of coaches, per sport and per |
12 | season. |
13 | (E) Expenditures made for construction, |
14 | renovation, expansion, maintenance, repair and rental |
15 | of athletic facilities. For any facilities shared by |
16 | multiple teams, expenditures per team shall be |
17 | calculated either by dividing expenditures by the |
18 | number of teams using the facility or percentage of |
19 | time used by each team. |
20 | (F) Compensation of athletic trainers per |
21 | academic year. |
22 | (vii) The total number of athletic trainers, |
23 | including the amount of time spent by each athletic |
24 | trainer with each team. |
25 | (viii) The total number of coaches per team by |
26 | employment status, full-time, part-time, head and |
27 | assistant. |
28 | (ix) The total number of competitions scheduled and |
29 | played per team. |
30 | (x) The name of the school entity's Title IX |
|
1 | compliance officer required under 34 CFR § 106.8(a) |
2 | (relating to designation of responsible employee and |
3 | adoption of grievance procedures). |
4 | (c) Copies.--The department shall make copies of all |
5 | submitted disclosures available for public inspection on the |
6 | department's publicly accessible Internet website. |
7 | (d) Annual report.--No later than January 15 of each year, |
8 | the department shall prepare and submit an annual report to the |
9 | General Assembly regarding the compliance with the disclosure |
10 | requirements of this article and summarizing the information |
11 | submitted to it regarding interscholastic athletic opportunity |
12 | for and treatment of each gender by race and ethnic group, and |
13 | other such information as the department deems relevant. |
14 | Section 1605-C. Regulations. |
15 | The department may promulgate rules, regulations or standards |
16 | to administer this article. |
17 | Section 22.1 22.2. Section 1704-B heading and (c) of the | <-- |
18 | act, amended or added July 11, 2006 (P.L.1092, No.114) and July |
19 | 9, 2008 (P.L.846, No.61), are reenacted and amended to read: |
20 | Section 1704-B. Board of School Directors of Commonwealth |
21 | Partnership School Districts.--* * * |
22 | (c) (1) In addition to all current rights, powers, |
23 | privileges, prerogatives and duties, a board of school directors |
24 | of a school district that has been placed on the empowerment |
25 | list on or after June 30, 2006, due to the designation by the |
26 | secretary as a Commonwealth partnership school district shall |
27 | have the power to cancel or renegotiate any contract, other than |
28 | collective bargaining agreements, for the purpose of making |
29 | necessary economies in the operation of the schools within the |
30 | school district; eliminate nonprofessional positions for |
|
1 | services nonessential for the operation of the school district; |
2 | or enter into agreements with individuals, for-profit or |
3 | nonprofit organizations for the operation of school buildings or |
4 | groups of school buildings or for the provision of educational |
5 | or other types of services to or for the school district. |
6 | (2) The superintendent shall be responsible for the |
7 | implementation of a system of performance review of school |
8 | administrators, as approved by the board of school directors. |
9 | Administrator performance shall be evaluated on the basis of |
10 | abilities and effectiveness to manage the operation of the |
11 | school facilities and staff, manage resources, provide |
12 | instructional leadership, implement and administer the school |
13 | budget and promote and maintain a positive educational learning |
14 | environment. |
15 | (3) Based upon an unsatisfactory review and evaluation of a |
16 | school administrator arising from the implementation of the |
17 | program established in paragraph (2), a board of school |
18 | directors may reassign, transfer or suspend the school |
19 | administrator without regard to section 1125.1 or 1151. |
20 | (4) Based upon an unsatisfactory review and evaluation of a |
21 | school administrator arising from the implementation of the |
22 | program established in paragraph (2), a board of school |
23 | directors may dismiss the school administrator pursuant to the |
24 | procedure contained in section 1127, provided that the board of |
25 | school directors shall afford the school administrator notice |
26 | and an opportunity to be heard pursuant to 2 Pa.C.S. Ch. 5 |
27 | Subch. B (relating to practice and procedure of local agencies). |
28 | (4.1) In addition to powers enumerated in this act, a school |
29 | district designated as a Commonwealth partnership school |
30 | district may dispose of unused and unnecessary lands and |
|
1 | buildings, if such buildings are in excess of twenty-five (25) |
2 | years of age, in the following manner, notwithstanding the |
3 | provisions of section 707 of this act: |
4 | (i) By negotiated sale, provided the district has an |
5 | affidavit of at least three (3) persons who are familiar with |
6 | the value of real estate in the locality in which the lands and |
7 | buildings proposed to be sold are located, who have examined the |
8 | property and set forth a value for the property and who opine |
9 | that the consideration for the property is equal to or better |
10 | than that which could be received by sealed bid. The sale price |
11 | shall not be less than the highest value set forth in the three |
12 | (3) affidavits. |
13 | (ii) By entering into agreements with an urban redevelopment |
14 | authority organized under the act of May 24, 1945 (P.L.991, |
15 | No.385), known as the Urban Redevelopment Law, under which the |
16 | district may convey property to the authority for the purpose of |
17 | the authority facilitating the conveyance of the property |
18 | consistent with the goals of the school district and the |
19 | authority. |
20 | (5) [As used in] For purposes of this subsection, ["school |
21 | administrator" shall have the same meaning given to it under |
22 | section 1164] the following terms shall have the following |
23 | meanings: |
24 | "Commonwealth partnership school district." A school |
25 | district for which the secretary has determined, on or after |
26 | July 11, 2006, and not later than September 9, 2006, all of the |
27 | following: |
28 | (i) The school district has experienced a decline of fifteen |
29 | per centum (15%) or more in student enrollment during the |
30 | immediately preceding five-year period. |
|
1 | (ii) The school district has experienced a loss of revenue |
2 | during the immediately preceding three-year period due to the |
3 | statutory removal of one or more of the sources of revenue made |
4 | available pursuant to section 652.1. |
5 | (iii) The school district has an equalized millage for the |
6 | 2004-2005 fiscal year of greater than twenty-seven (27). |
7 | "Empowerment list." A list prepared by the Department of |
8 | Education containing school districts that fall below certain |
9 | academic assessments as provided in former section 1703-B. |
10 | "School administrator." As defined in section 1164. |
11 | "Secretary." The Secretary of Education of the Commonwealth. |
12 | [(6) This subsection shall expire June 30, 2012.] |
13 | Section 23. Section 1913-A(b)(1.6)(v) of the act, amended |
14 | June 30, 2011 (P.L.112, No.24), is amended and the clause is |
15 | amended by adding a subclause to read: |
16 | Section 1913-A. Financial Program; Reimbursement of |
17 | Payments.--* * * |
18 | (b) * * * |
19 | (1.6) For the 2006-2007 fiscal year and each fiscal year |
20 | thereafter, the payment for a community college shall consist of |
21 | the following: |
22 | * * * |
23 | (v) Subclauses (i), (ii), (iii) and (iv) shall not apply to |
24 | the 2011-2012 and 2012-2013 fiscal [year] years. |
25 | * * * |
26 | (vii) For the 2012-2013 fiscal year, each community college |
27 | shall receive an amount equal to the sum of the following: |
28 | (A) A reimbursement for operating costs determined by: |
29 | (I) dividing the amount of funding that the community |
30 | college received in fiscal year 2011-2012 under subclause |
|
1 | (vi)(A) by the total amount of funding provided to community |
2 | colleges in fiscal year 2011-2012 under subclause (vi)(A); and |
3 | (II) multiplying the quotient under subparagraph (I) by |
4 | $168,167,000. |
5 | (B) An economic development stipend determined by: |
6 | (I) dividing the amount of funding that the community |
7 | college received in fiscal year 2011-2012 under subclause (vi) |
8 | (B) by the total amount of funding provided to all community |
9 | colleges in fiscal year 2011-2012 under subclause (vi)(B); and |
10 | (II) multiplying the quotient under subparagraph (I) by |
11 | $44,000,000. |
12 | * * * |
13 | Section 24. Sections 1913-B.1(c) and 2003-A.1(c) and (c.1) |
14 | of the act, amended or added November 3, 2011 (P.L.400, No.97), |
15 | are amended and the sections are amended by adding subsections |
16 | to read: |
17 | Section 1913-B.1. Contracts for Construction, Repair, |
18 | Renovation or Maintenance.--* * * |
19 | [(c) All contracts, other than contracts for the retention |
20 | of architects and engineers, authorized by this section which |
21 | exceed a base amount of eighteen thousand five hundred dollars |
22 | ($18,500), subject to adjustment under section 119, shall be |
23 | advertised in the manner provided by law and competitively bid |
24 | and awarded to the lowest responsible bidder. In case of |
25 | emergencies and notwithstanding any other provision of this |
26 | section to the contrary, the board of trustees may make or |
27 | authorize others to make an emergency procurement whenever a |
28 | threat exists to public health, welfare or safety or |
29 | circumstances outside the control of the college and creates an |
30 | urgency of need which does not permit the delay involved in |
|
1 | using more formal competitive methods. Whenever practical, in |
2 | the case of a procurement of a supply, at least two (2) bids |
3 | shall be solicited. A written determination of the basis for the |
4 | emergency and for the selection of the particular contractor |
5 | shall be included in the contract file.] |
6 | (c.1) All contracts, other than contracts for the retention |
7 | of architects and engineers, authorized by this section which |
8 | exceed a base amount of eighteen thousand five hundred dollars |
9 | ($18,500), subject to adjustment under section 120, shall be |
10 | advertised in the manner provided by law and competitively bid |
11 | and awarded to the lowest responsible bidder. In case of |
12 | emergencies and notwithstanding any other provision of this |
13 | section to the contrary, the board of trustees may make or |
14 | authorize others to make an emergency procurement whenever a |
15 | threat exists to public health, welfare or safety or |
16 | circumstances outside the control of the college and creates an |
17 | urgency of need which does not permit the delay involved in |
18 | using more formal competitive methods. Whenever practical, in |
19 | the case of a procurement of a supply, at least two (2) bids |
20 | shall be solicited. A written determination of the basis for the |
21 | emergency and for the selection of the particular contractor |
22 | shall be included in the contract file. |
23 | * * * |
24 | Section 2003-A.1. Project Contracts.--* * * |
25 | [(c) All contracts, other than contracts for the retention |
26 | of architects and engineers, authorized by this section which |
27 | exceed a base amount of eighteen thousand five hundred dollars |
28 | ($18,500), subject to adjustment under subsection (c.1), shall |
29 | be advertised in the manner provided by law and competitively |
30 | bid and awarded to the lowest responsible bidder. In case of |
|
1 | emergencies and notwithstanding any other provision of this |
2 | section to the contrary, the chancellor may make or authorize |
3 | others to make an emergency procurement whenever a threat exists |
4 | to public health, welfare or safety or circumstances outside the |
5 | control of the State system and creates an urgency of need which |
6 | does not permit the delay involved in using more formal |
7 | competitive methods. Whenever practical, in the case of a |
8 | procurement of a supply, at least two (2) bids shall be |
9 | solicited. A written determination of the basis for the |
10 | emergency and for the selection of the particular contractor |
11 | shall be included in the contract file. |
12 | (c.1) Adjustments shall be made as follows: |
13 | (1) The Department of Labor and Industry shall calculate the |
14 | average annual percentage change in the Consumer Price Index for |
15 | All Urban Consumers: All Items (CPI-U) for the United States |
16 | City Average as published by the United States Department of |
17 | Labor, Bureau of Labor Statistics, for the twelve-month period |
18 | ending September 30, 2012, and for each successive twelve-month |
19 | period thereafter. |
20 | (1.1) If the department determines that there is no positive |
21 | percentage change, then no adjustment to the base amounts shall |
22 | occur for the relevant time period. |
23 | (2) The positive percentage change, as determined in |
24 | accordance with clause (1), shall be multiplied by the amount |
25 | applicable under subsection (c) for the current period, and the |
26 | product thereof shall be added to the amount applicable under |
27 | subsection (c) for the current period, with the result rounded |
28 | to the nearest multiple of one hundred dollars ($100). |
29 | (3) The determination required under clause (1) and the |
30 | calculation adjustments required under clause (2) shall be made |
|
1 | in the period between October 1 and November 15 of the year |
2 | following the effective date of this subsection and between |
3 | October 1 and November 15 of each successive year. |
4 | (4) The adjusted amounts obtained in accordance with clause |
5 | (2) shall become effective January 1 for the period following |
6 | the year in which the determination required under clause (1) is |
7 | made. |
8 | (5) The Department of Labor and Industry shall give notice |
9 | in the Pennsylvania Bulletin prior to January 1 of each calendar |
10 | year in which the percentage change is determined in accordance |
11 | with clause (1) of the amounts, whether adjusted or unadjusted |
12 | in accordance with clause (2), at which competitive bidding is |
13 | required under subsection (c) for the period beginning the first |
14 | day of January after publication of the notice. |
15 | (6) The annual increase in the preliminary adjusted base |
16 | amounts obtained under clauses (3) and (4) shall not exceed |
17 | three percent (3%).] |
18 | (c.2) All contracts, other than contracts for the retention |
19 | of architects and engineers, authorized by this section which |
20 | exceed a base amount of eighteen thousand five hundred dollars |
21 | ($18,500), subject to adjustment under subsection (c.3), shall |
22 | be advertised in the manner provided by law and competitively |
23 | bid and awarded to the lowest responsible bidder. In case of |
24 | emergencies and notwithstanding any other provision of this |
25 | section to the contrary, the chancellor may make or authorize |
26 | others to make an emergency procurement whenever a threat exists |
27 | to public health, welfare or safety or circumstances outside the |
28 | control of the State system and creates an urgency of need which |
29 | does not permit the delay involved in using more formal |
30 | competitive methods. Whenever practical, in the case of a |
|
1 | procurement of a supply, at least two (2) bids shall be |
2 | solicited. A written determination of the basis for the |
3 | emergency and for the selection of the particular contractor |
4 | shall be included in the contract file. |
5 | (c.3) Adjustments shall be made as follows: |
6 | (1) The Department of Labor and Industry shall calculate the |
7 | average annual percentage change in the Consumer Price Index for |
8 | All Urban Consumers: All Items (CPI-U) for the United States |
9 | City Average as published by the United States Department of |
10 | Labor, Bureau of Labor Statistics, for the twelve-month period |
11 | ending September 30, 2012, and for each successive twelve-month |
12 | period thereafter. |
13 | (1.1) If the Department of Labor and Industry determines |
14 | that there is no positive percentage change, then no adjustment |
15 | to the base amounts shall occur for the relevant time period. |
16 | (2) The positive percentage change, as determined in |
17 | accordance with clause (1), shall be multiplied by the amount |
18 | applicable under subsection (c.2) for the current period, and |
19 | the product thereof shall be added to the amount applicable |
20 | under subsection (c.2) for the current period, with the result |
21 | rounded to the nearest multiple of one hundred dollars ($100). |
22 | (3) The determination required under clause (1) and the |
23 | calculation adjustments required under clause (2) shall be made |
24 | in the period between October 1 and November 15, 2012, and |
25 | between October 1 and November 15 of each successive year. |
26 | (4) The adjusted amounts obtained in accordance with clause |
27 | (2) shall become effective January 1 for the period following |
28 | the year in which the determination required under clause (1) is |
29 | made. |
30 | (5) The Department of Labor and Industry shall give notice |
|
1 | in the Pennsylvania Bulletin prior to January 1 of each calendar |
2 | year in which the percentage change is determined in accordance |
3 | with clause (1) of the amounts, whether adjusted or unadjusted |
4 | in accordance with clause (2), at which competitive bidding is |
5 | required under subsection (c.2) for the period beginning the |
6 | first day of January after publication of the notice. |
7 | (6) The annual increase in the preliminary adjusted base |
8 | amounts obtained under clauses (3) and (4) shall not exceed |
9 | three percent (3%). |
10 | * * * |
11 | Section 25. Section 2010-A(10) of the act, amended November |
12 | 3, 2011 (P.L.400, No.97), is amended and the section is amended |
13 | by adding a paragraph to read: |
14 | Section 2010-A. Power and Duties of Institution |
15 | Presidents.--The president of each institution shall be |
16 | appointed by the board. The president shall be the chief |
17 | executive officer of that institution. He shall have the right |
18 | to attend all meetings of the council of that institution and |
19 | shall have the right to speak on all matters before the council |
20 | but not to vote. Subject to the stated authority of the board |
21 | and the council, each president shall have the following powers |
22 | and duties: |
23 | * * * |
24 | [(10) Within the limitations of the operating budget and |
25 | other available funds in accordance with the procedures |
26 | established by the board and with the approval of the local |
27 | council, to negotiate and award all contracts for equipment, |
28 | services and supplies in excess of a cost of a base amount of |
29 | eighteen thousand five hundred dollars ($18,500), subject to |
30 | adjustment under section 119, on a competitive bid basis and to |
|
1 | purchase instructional, educational, extracurricular, technical, |
2 | administrative, custodial and maintenance equipment and supplies |
3 | not in excess of a cost of a base amount of eighteen thousand |
4 | five hundred dollars ($18,500), subject to adjustment under |
5 | section 119, without competitive bidding, except that such items |
6 | shall not be bought in series to avoid the dollar ceiling.] |
7 | (10.1) Within the limitations of the operating budget and |
8 | other available funds in accordance with the procedures |
9 | established by the board and with the approval of the local |
10 | council, to negotiate and award all contracts for equipment, |
11 | services and supplies in excess of a cost of a base amount of |
12 | eighteen thousand five hundred dollars ($18,500), subject to |
13 | adjustment under section 120, on a competitive bid basis and to |
14 | purchase instructional, educational, extracurricular, technical, |
15 | administrative, custodial and maintenance equipment and supplies |
16 | not in excess of a cost of a base amount of eighteen thousand |
17 | five hundred dollars ($18,500), subject to adjustment under |
18 | section 120, without competitive bidding, except that such items |
19 | shall not be bought in series to avoid the dollar ceiling. |
20 | * * * |
21 | Section 26. Section 2104 of the act is amended to read: |
22 | Section 2104. Superintendents of Schools or Buildings and of |
23 | Supplies.--The board of public education in each school district |
24 | of the first class shall, whenever a vacancy in said office |
25 | shall occur, appoint a district superintendent, who shall be |
26 | designated and known as superintendent of schools[, for a term |
27 | of not more than six (6) years]. The board may also appoint a |
28 | superintendent of buildings and a superintendent of supplies. |
29 | The board shall prescribe the terms and duties and fix the |
30 | salaries of each of such employes. They shall be responsible to |
|
1 | the board for the conduct of their respective departments, shall |
2 | make annual reports to the board, and shall from time to time |
3 | submit such plans and suggestions for the improvement of the |
4 | schools and the school system as they shall deem expedient or as |
5 | the board of public education may require. |
6 | The superintendent of buildings shall be an engineer or |
7 | architect of good standing in his profession. The superintendent |
8 | of buildings and the superintendent of supplies shall each give |
9 | such security for the faithful performance of the duties of |
10 | their respective offices as the board of public education shall |
11 | prescribe. |
12 | Section 27. The act is amended by adding sections to read: |
13 | Section 2319. State aid for fiscal year 2012-2013. |
14 | Notwithstanding any other provision of law to the contrary, |
15 | each library subject to the act of June 14, 1961 (P.L.324, |
16 | No.188), known as The Library Code, shall be eligible for State |
17 | aid for fiscal year 2012-2013, which shall consist of the |
18 | following: |
19 | (1) Funds appropriated for libraries shall be |
20 | distributed to each library under the following formula: |
21 | (i) Divide the amount of funding that the library |
22 | received in fiscal year 2011-2012 under section 2318, by |
23 | the total State-aid subsidy for fiscal year 2011-2012. |
24 | (ii) Multiply the quotient under subparagraph (i) by |
25 | the total State-aid subsidy for 2012-2013. |
26 | (2) Following distribution of funds appropriated for |
27 | State aid to libraries under paragraph (1), any remaining |
28 | funds may be distributed at the discretion of the State |
29 | Librarian. |
30 | (3) If funds appropriated for State aid to libraries in |
|
1 | fiscal year 2012-2013 are less than funds appropriated in |
2 | fiscal year 2002-2003, the State Librarian may waive |
3 | standards as prescribed in section 103 of The Library Code. |
4 | (4) (i) Each library system receiving State aid under |
5 | this section may distribute the local library share of |
6 | that aid in a manner as determined by the board of |
7 | directors of the library system. |
8 | (ii) In the case of a library system that contains a |
9 | library operating in a city of the second class, changes |
10 | to the distribution of State aid to the library shall be |
11 | made by mutual agreement between the library and the |
12 | library system. |
13 | (5) In the event of a change in district library center |
14 | population prior to the effective date of this section as a |
15 | result of: |
16 | (i) a city, borough, town, township, school district |
17 | or county moving from one library center to another; or |
18 | (ii) a transfer of district library center status to |
19 | a county library system, |
20 | funding of district library center aid shall be paid based on |
21 | the population of the newly established or reconfigured |
22 | district library center. |
23 | Section 2502.51. Basic Education Funding for 2011-2012 |
24 | School Year.--(a) For the 2011-2012 school year, the |
25 | Commonwealth shall pay to each school district a basic education |
26 | funding allocation which shall consist of the following: |
27 | (1) An amount equal to the basic education funding |
28 | allocation for the 2010-2011 school year pursuant to section |
29 | 2502.50. |
30 | (2) An English language learner high incidence supplement |
|
1 | calculated for qualifying school districts as follows: |
2 | (i) To qualify for the English language learner high |
3 | incidence supplement, a school district's 2011-2012 market |
4 | value/income aid ratio must be greater than seven thousand ten- |
5 | thousandths (0.7000) and its English language learner |
6 | concentration must be equal to or greater than six percent (6%). |
7 | (ii) The English language learner high incidence supplement |
8 | shall be calculated for qualifying school districts as follows: |
9 | (A) Multiply the qualifying school district's 2009-2010 |
10 | average daily membership by seventeen million four hundred fifty |
11 | thousand dollars ($17,450,000). |
12 | (B) Divide the product from clause (A) by the sum of the |
13 | 2009-2010 average daily membership for all qualifying school |
14 | districts. |
15 | (3) A charter and cyber charter school extraordinary |
16 | enrollment supplement calculated for qualifying school districts |
17 | as follows: |
18 | (i) To qualify for the charter and cyber charter school |
19 | extraordinary enrollment supplement, a school district's |
20 | 2011-2012 market value/income aid ratio must be greater than |
21 | eight thousand ten-thousandths (0.8000), its 2009-2010 average |
22 | daily membership must be greater than five thousand (5,000) and |
23 | its charter and cyber charter school concentration must be |
24 | greater than fourteen percent (14%). |
25 | (ii) The charter and cyber charter school extraordinary |
26 | enrollment supplement shall be calculated for qualifying school |
27 | districts as follows: |
28 | (A) For school districts with a charter and cyber charter |
29 | school concentration equal to or greater than thirty percent |
30 | (30%), multiply the qualifying school district's 2009-2010 |
|
1 | average daily membership by one thousand three hundred seventeen |
2 | dollars ($1,317). |
3 | (B) For school districts with a charter and cyber charter |
4 | school concentration less than thirty percent (30%), multiply |
5 | the qualifying school district's 2009-2010 average daily |
6 | membership by five hundred dollars ($500). |
7 | (4) A second class county school district supplement |
8 | calculated for qualifying school districts as follows: |
9 | (i) To qualify for the second class county school district |
10 | supplement, a school district must be located in a county of the |
11 | second class, its 2011-2012 market value/income aid ratio must |
12 | be greater than six thousand ten-thousandths (0.6000), its |
13 | 2009-2010 average daily membership must be greater than one |
14 | thousand (1,000) and less than two thousand five hundred (2,500) |
15 | and its number of students eligible for free or reduced-price |
16 | meals under the National School Lunch Program during the |
17 | 2010-2011 school year must be greater than one thousand fifty |
18 | (1,050) and less than one thousand two hundred fifty (1,250). |
19 | (ii) The second class county school district supplement |
20 | shall be calculated for qualifying school districts as follows: |
21 | (A) Multiply the qualifying school district's 2009-2010 |
22 | average daily membership by one million dollars ($1,000,000). |
23 | (B) Divide the product from clause (A) by the sum of the |
24 | 2009-2010 average daily membership for all qualifying school |
25 | districts. |
26 | (5) A second class school district supplement calculated for |
27 | qualifying school districts as follows: |
28 | (i) To qualify for the second class school district |
29 | supplement, a school district must have been classified as a |
30 | second class school district during the 2000 census, it must |
|
1 | have received State reimbursements pursuant to section 2591.1 |
2 | for the 2009-2010 school year in an amount greater than three |
3 | million five hundred thousand dollars ($3,500,000) and it must |
4 | have a 2009-2010 average daily membership greater than eight |
5 | thousand (8,000). |
6 | (ii) The second class school district supplement shall be |
7 | calculated for qualifying school districts as follows: |
8 | (A) Multiply the qualifying school district's 2009-2010 |
9 | average daily membership by one million dollars ($1,000,000). |
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 | (6) An increasing aid ratio supplement calculated for |
14 | qualifying school districts as follows: |
15 | (i) To qualify for the increasing aid ratio supplement, a |
16 | school district's 2011-2012 market value/income aid ratio must |
17 | be greater than six thousand ten-thousandths (0.6000), its |
18 | 2009-2010 average daily membership must be greater than eleven |
19 | thousand (11,000), its number of students eligible for free or |
20 | reduced-price meals under the National School Lunch Program |
21 | during the 2010-2011 school year must be greater than six |
22 | thousand (6,000) and its market value/income aid ratio must have |
23 | increased from the 1991-1992 school year to the 2011-2012 school |
24 | year by more than sixty percent (60%). |
25 | (ii) The increasing aid ratio supplement shall be calculated |
26 | for qualifying school districts as follows: |
27 | (A) Multiply the qualifying school district's 2009-2010 |
28 | average daily membership by two million dollars ($2,000,000). |
29 | (B) Divide the product from clause (A) by the sum of the |
30 | 2009-2010 average daily membership for all qualifying school |
|
1 | districts. |
2 | (7) A personal income supplement calculated for qualifying |
3 | school districts as follows: |
4 | (i) To qualify for the personal income supplement, a school |
5 | district's 2011-2012 market value/income aid ratio must be |
6 | greater than fifty-two hundred ten-thousandths (0.5200) and less |
7 | than six thousand ten-thousandths (0.6000), its 2009-2010 |
8 | average daily membership must be greater than five thousand five |
9 | hundred (5,500), its 2010-2011 equalized millage rate must be |
10 | greater than twenty-two (22) and less than twenty-six (26), its |
11 | adjusted personal income valuation for the 2008 tax year must be |
12 | greater than six hundred fifty million dollars ($650,000,000) |
13 | and its number of students eligible for free or reduced-price |
14 | meals under the National School Lunch Program during the |
15 | 2010-2011 school year must be greater than one thousand five |
16 | hundred (1,500). |
17 | (ii) The personal income supplement shall be calculated for |
18 | qualifying school districts as follows: |
19 | (A) For each school district with an adjusted personal |
20 | income valuation for the 2008 tax year greater than eight |
21 | hundred million dollars ($800,000,000), the personal income |
22 | supplement shall be two million dollars ($2,000,000). |
23 | (B) For each school district with an adjusted personal |
24 | income valuation for the 2008 tax year less than eight hundred |
25 | million dollars ($800,000,000), the personal income supplement |
26 | shall be one million five hundred thousand dollars ($1,500,000). |
27 | (8) A small district increasing aid ratio supplement |
28 | calculated for qualifying school districts as follows: |
29 | (i) To qualify for the small district increasing aid ratio |
30 | supplement, a school district's 2011-2012 market value/income |
|
1 | aid ratio must be greater than five thousand ten-thousandths |
2 | (0.5000) and less than fifty-five hundred ten-thousandths |
3 | (0.5500), its market value/income aid ratio must have increased |
4 | from the 1991-1992 school year to the 2011-2012 school year by |
5 | more than thirty percent (30%), and its 2009-2010 average daily |
6 | membership must be greater than one thousand seven hundred |
7 | (1,700) and less than one thousand eight hundred (1,800). |
8 | (ii) The small district increasing aid ratio supplement |
9 | shall be calculated for qualifying school districts as follows: |
10 | (A) Multiply the qualifying school district's 2009-2010 |
11 | average daily membership by three hundred thousand dollars |
12 | ($300,000). |
13 | (B) Divide the product from clause (A) by the sum of the |
14 | 2009-2010 average daily membership for all qualifying school |
15 | districts. |
16 | (9) A small district supplement calculated for qualifying |
17 | school districts as follows: |
18 | (i) To qualify for the small district supplement, a school |
19 | district's 2011-2012 market value/income aid ratio must be |
20 | greater than seven thousand ten-thousandths (0.7000) and less |
21 | than seventy-five ten-thousandths (0.7500), its 2009-2010 |
22 | average daily membership must be greater than one thousand two |
23 | hundred (1,200) and less than one thousand three hundred (1,300) |
24 | and its 2010-2011 equalized millage rate must be greater than |
25 | nineteen (19). |
26 | (ii) The small district supplement shall be calculated for |
27 | qualifying school districts as follows: |
28 | (A) Multiply the qualifying school district's 2009-2010 |
29 | average daily membership by two hundred fifty thousand dollars |
30 | ($250,000). |
|
1 | (B) Divide the product from clause (A) by the sum of the |
2 | 2009-2010 average daily membership for all qualifying school |
3 | districts. |
4 | (b) The data used to calculate the provisions contained in |
5 | subsection (a)(2), (3), (4), (5), (6), (7), (8) and (9) shall be |
6 | based on information available to the Department of Education as |
7 | of June 30, 2012. |
8 | (c) Funds received under subsection (a)(2)(ii) by a school |
9 | district with a 2011-2012 market value/income aid ratio greater |
10 | than eighty-five hundred ten-thousandths (0.8500) shall be |
11 | withheld until such time that a spending plan proposed by the |
12 | school district's board of school directors for use of the funds |
13 | is approved by the Secretary of Education in consultation with |
14 | the local intermediate unit. |
15 | (d) The following shall apply: |
16 | (1) (i) Funds received by a school district under |
17 | subsection (a)(3)(ii)(A) shall be used to satisfy judgments and |
18 | past-due accounts payable beyond ninety (90) or more days |
19 | including health care benefits, payments to charter schools, |
20 | payments to approved private schools and payments to |
21 | intermediate units. |
22 | (ii) If all judgments have been satisfied and past-due |
23 | accounts paid, funds may be used for timely payment of health |
24 | care benefits, payments to charter schools, payments to approved |
25 | private schools, payments to intermediate units and for other |
26 | expenses approved by the Secretary of Education to ensure the |
27 | fiscal stability of the school district. |
28 | (2) Not later than August 31, 2012, the school district |
29 | shall submit a report to the Department of Education detailing |
30 | the use of the funds received under this subsection, including |
|
1 | specific payment amounts, specific payment dates and the |
2 | entities receiving payment. |
3 | (e) Any undistributed funds shall be deposited in the |
4 | Financial Recovery School District Transitional Loan Account. |
5 | (f) For the purposes of this section: |
6 | (1) The English language learner concentration shall be |
7 | determined by dividing the school district's number of enrolled |
8 | students identified as limited English proficient during the |
9 | 2009-2010 school year by its 2009-2010 average daily membership. |
10 | (2) The charter and cyber school concentration shall be |
11 | determined by dividing the school district's 2009-2010 average |
12 | daily membership enrolled in charter and cyber charter schools |
13 | by its 2009-2010 average daily membership. |
14 | Section 28. Sections 2509.1(c.1) and 2509.5(aaa) of the act, |
15 | added June 30, 2011 (P.L.112, No.24), are amended to read: |
16 | Section 2509.1. Payments to Intermediate Units.--* * * |
17 | (c.1) For the 2011-2012 [school year] and 2012-2013 school |
18 | years, five and one-half percent (5.5%) of the State special |
19 | education appropriation shall be paid to intermediate units on |
20 | account of special education services. Of this five and one-half |
21 | percent (5.5%), thirty-five percent (35%) shall be distributed |
22 | equally among all intermediate units. The remaining sixty-five |
23 | percent (65%) shall be distributed to each intermediate unit in |
24 | proportion to the number of average daily membership of the |
25 | component school districts of each intermediate unit as compared |
26 | to the Statewide total average daily membership. |
27 | * * * |
28 | Section 2509.5. Special Education Payments to School |
29 | Districts.--* * * |
30 | (aaa) During the 2009-2010 through the [2011-2012] 2012-2013 |
|
1 | school years, each school district shall be paid the amount it |
2 | received during the 2008-2009 school year under subsection (zz). |
3 | If insufficient funds are appropriated, the payments shall be |
4 | made on a pro rata basis. |
5 | Section 29. The act is amended by adding a section to read: |
6 | Section 2510.2. Assistance to School Districts Certified as |
7 | Education Empowerment Districts.--For the 2012-2013 fiscal year, |
8 | the Department of Education may utilize up to $4,500,000 of |
9 | undistributed funds not expended, encumbered or committed from |
10 | appropriations for grants and subsidies made to the Department |
11 | of Education to assist school districts certified on or before |
12 | June 30, 2010, as an education empowerment district under |
13 | section 1705-B(h)(3). The funds shall be transferred by the |
14 | Secretary of the Budget to a restricted account as necessary to |
15 | make payments under this section and when transferred are hereby |
16 | appropriated to carry out the provisions of this section. |
17 | Section 30. Section 2574(a) of the act, amended September |
18 | 29, 1959 (P.L.992, No.407), is amended to read: |
19 | Section 2574. Approved Reimbursable Rental for Leases |
20 | Hereafter Approved and Approved Reimbursable Sinking Fund |
21 | Charges on Indebtedness.--(a) For school building projects for |
22 | which the general construction contract is awarded subsequent to |
23 | March 22, 1956, and for approved school building projects for |
24 | which the general construction contract was awarded but for |
25 | which a lease was not approved by the Department of [Public |
26 | Instruction] Education prior to March 22, 1956, the Department |
27 | of [Public Instruction] Education shall calculate an approved |
28 | reimbursable rental or approved reimbursable sinking fund |
29 | charges. Reimbursable sinking fund charges may include charges |
30 | for temporary indebtedness within constitutional limitations, if |
|
1 | the indebtedness is incurred for approved permanent improvements |
2 | to the school plant including the cost of acquiring a suitable |
3 | site for a school building, the cost of constructing a new |
4 | school building, or the cost of providing needed additions or |
5 | alterations to existing buildings for which no bond issue is |
6 | provided and for which an approved obligation or obligations |
7 | other than bonds have been issued and the obligation or |
8 | obligations are payable within five (5) years from the date of |
9 | issue of the obligation in equal annual installments. |
10 | Nothing in this section or in the Department of Education |
11 | guidelines shall prohibit a school district from receiving |
12 | reimbursement for approved building improvements, including the |
13 | cost of acquiring a suitable site for a school building, the |
14 | cost of constructing a new school building or the cost of |
15 | providing needed additions or alterations to existing buildings, |
16 | if a school district elects not to remove any relocatable or |
17 | modular classroom utilized after the completion of a building |
18 | project. The term "relocatable or modular classroom" shall mean |
19 | a classroom not of a permanent nature which meets the criteria |
20 | and specifications of the Department of Education. |
21 | Approved reimbursable rental or sinking fund charge shall |
22 | consist of that part of the annual rental or sinking fund charge |
23 | attributable to-- |
24 | (1) The cost of acquiring the land upon which the school |
25 | buildings are situate, the cost of necessary rough grading to |
26 | permit proper placement of the building upon said land and the |
27 | cost of sewage treatment plants, as required by the Department |
28 | of Health, to the extent that such costs are deemed reasonable |
29 | by the Department of [Public Instruction] Education and the |
30 | interest on such costs of acquisition, grading and sewage |
|
1 | treatment plants earned subsequent to date the construction |
2 | contract is awarded, and |
3 | (2) The approved building construction cost and the interest |
4 | on such construction cost. |
5 | * * * |
6 | Section 31. Section 2599.2(e)(7) of the act, added July 9, |
7 | 2008 (P.L.846, No.61), is amended to read: |
8 | Section 2599.2. Pennsylvania Accountability Grants.--* * * |
9 | (e) * * * |
10 | (7) For the 2008-2009 and 2012-2013 fiscal [year] years, if |
11 | insufficient funds are appropriated to make Commonwealth |
12 | payments pursuant to this section, such payments shall be made |
13 | on a pro rata basis. |
14 | * * * |
15 | Section 32. The act is amended by adding a section to read: |
16 | Section 2599.4. Targeted Industry Cluster Certificate |
17 | Scholarship Program.--(a) The Targeted Industry Cluster |
18 | Certificate Scholarship Program is established within the |
19 | Pennsylvania Higher Education Assistance Agency. |
20 | (b) The agency may use funds appropriated to provide grants |
21 | for defraying the necessary expense of residents of this |
22 | Commonwealth who are eligible students pursuing an eligible |
23 | course of study at an eligible educational provider. |
24 | (c) The agency shall determine and approve student |
25 | eligibility and educational provider eligibility requirements |
26 | for the program. |
27 | (d) The Department of Education shall consult with the |
28 | Department of Labor and Industry to identify programs of study |
29 | that train individuals for areas of immediate workforce need and |
30 | provide the agency with a list of eligible programs of study. |
|
1 | (e) Grant awards shall be established by the agency based |
2 | upon available resources. |
3 | Section 33. Section 2506-A(b) of the act, added December 23, |
4 | 2003 (P.L.304, No.48), is amended to read: |
5 | Section 2506-A. Review process. |
6 | * * * |
7 | (b) [Strategic plan.--Each district's review shall be |
8 | scheduled one year prior to the date required for filing of the |
9 | district's strategic plan under 22 Pa. Code § 4.13 (relating to |
10 | strategic plans) or its successor regulations, except that all |
11 | districts placed on the education empowerment list pursuant to |
12 | section 1703-B or determined to be distressed pursuant to |
13 | section 691 as of the effective date of this article shall be |
14 | included in the initial cycle of school districts subject to a |
15 | review.] (Reserved). |
16 | * * * |
17 | Section 34. This act shall apply as follows: |
18 | (1) The amendment or addition of sections 1073, 1073.1, |
19 | 1076, 1077, 1078 and 1080 of the act shall apply to contracts |
20 | of district superintendents or assistant district |
21 | superintendents entered into or renewed on or after November |
22 | 1, 2012. |
23 | (2) To contracts and purchases advertised on or after |
24 | July 1, 2012, or immediately, whichever is later. |
25 | Section 35. This act shall take effect as follows: |
26 | (1) The amendment of section 1308 of the act shall take |
27 | effect in 60 days. |
28 | (2) The amendments of section 1439 of the act shall take |
29 | effect in 90 days. |
30 | (3) The addition of Article XV-G of the act shall take |
|
1 | effect immediately. |
2 | (4) Except as otherwise provided in paragraph (5), the | <-- |
3 | addition of Article XVI-C of the act shall take effect in 60 |
4 | days. |
5 | (5) The addition of section 1604-C(b)(3)(v) of the act |
6 | shall take effect two years from the effective date of this |
7 | section. |
8 | (3.1) (6) The reenactment and amendment of section 1704- | <-- |
9 | B heading and (c) of the act shall take effect immediately. |
10 | (4) (7) Section 34 and this section shall take effect | <-- |
11 | immediately. |
12 | (5) (8) The remainder of this act shall take effect July | <-- |
13 | 1, 2012, or immediately, whichever is later. |
|