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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARKINS, CONKLIN, BARBIN, BISHOP, K. BOYLE, BRENNAN, GEORGE, BURNS, CARROLL, HALUSKA, P. COSTA, DALEY, DePASQUALE, DONATUCCI, HORNAMAN, JOSEPHS, PAYTON, PASHINSKI, MURPHY, MUNDY, EMRICK, MAHONEY, BRADFORD, FABRIZIO, GERGELY, CALTAGIRONE, COHEN, D. COSTA, HARHAI, DEASY, DELISSIO, DeLUCA, KAVULICH, MULLERY, M. O'BRIEN, NEUMAN, MATZIE, LONGIETTI, KULA, KORTZ, SABATINA, SAINATO, SCHMOTZER, K. SMITH, VITALI, WATERS, FLECK, GIBBONS, READSHAW, ROEBUCK, SANTONI, SCAVELLO, STABACK, STURLA, WHEATLEY, PETRARCA AND O'NEILL, JUNE 11, 2012 |
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| REFERRED TO COMMITTEE ON EDUCATION, JUNE 11, 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," making editorial changes. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 502 of the act of March 10, 1949 (P.L.30, |
9 | No.14), known as the Public School Code of 1949, amended May 9, |
10 | 1949 (P.L.939, No.263), is amended to read: |
11 | Section 502. Additional Schools and Departments.--In |
12 | addition to the elementary public schools, the board of school |
13 | directors in any school district may establish, equip, furnish, |
14 | and maintain the following additional schools or departments for |
15 | the education and recreation of persons residing in said |
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1 | district, and for the proper operation of its schools, namely:-- |
2 | High schools, |
3 | Trade schools, |
4 | Vocational schools, |
5 | Technical schools, |
6 | Cafeterias, |
7 | Agricultural schools, |
8 | Evening schools, |
9 | Kindergartens, |
10 | Libraries, |
11 | Museums, |
12 | Reading-rooms, |
13 | Gymnasiums, |
14 | Playgrounds, |
15 | Schools for [physically and mentally handicapped] children |
16 | with physical and mental disabilities, |
17 | Truant schools, |
18 | Parental schools, |
19 | Schools for adults, |
20 | Public lectures, |
21 | Such other schools or educational departments as the |
22 | directors, in their wisdom, may see proper to establish. |
23 | Said additional schools or departments, when established, |
24 | shall be an integral part of the public school system in such |
25 | school district and shall be so administered. |
26 | No pupil shall be refused admission to the courses in these |
27 | additional schools or departments, by reason of the fact that |
28 | his elementary or academic education is being or has been |
29 | received in a school other than a public school. |
30 | Section 2. Section 925(f) of the act, added July 24, 1970 |
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1 | (P.L.613, No.205), is amended to read: |
2 | Section 925. Powers and Duties.-- |
3 | (f) (1) Any county board of school directors may make |
4 | contracts of insurance with any insurance company, or nonprofit |
5 | hospitalization corporation, or nonprofit medical service |
6 | corporation, authorized to transact business within the |
7 | Commonwealth, insuring its employes, their spouses and |
8 | dependents and retired employes under a policy or policies of |
9 | group insurance covering life, health, hospitalization medical |
10 | service, or accident insurance, and for such purposes may agree |
11 | to pay part or all of the premiums or charges for carrying such |
12 | contracts, and may include the cost of such charges in its |
13 | estimate of the cost of operating and administering classes or |
14 | schools for [handicapped and institutionalized] children with |
15 | physical and mental disabilities to be operated by the county |
16 | board during the ensuing school year. No contract or contracts |
17 | of insurance authorized by this section shall be purchased from |
18 | or through any person employed by the county board in a teaching |
19 | or administrative capacity. |
20 | (2) The county board of school directors is hereby |
21 | authorized to deduct from the employe's pay, salary, or |
22 | compensation, such part of the premium as is payable by the |
23 | employe and as may be so authorized by the employe in writing. |
24 | (3) All contracts procured hereunder shall conform and be |
25 | subject to all the provisions of any existing or future laws |
26 | concerning group insurance contracts. |
27 | Section 3. Section 923.2-A of the act, added October 10, |
28 | 1980 (P.L.924, No.159), is amended to read: |
29 | Section 923.2-A. Visual Services.--(a) Legislative Finding; |
30 | Declaration of Policy. [Defects] Impairments in vision are |
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1 | health-related. It is today recognized that the diagnosis and |
2 | evaluation of those [defects] impairments and the rendering of |
3 | instruction in skills appropriate for the education, safety and |
4 | independence of children afflicted by visual impairments are |
5 | closely related to their physical, mental and emotional health. |
6 | Such services can best be rendered upon the premises of the |
7 | school which the child regularly attends and forcing children to |
8 | go to other premises in order to have such needed services is |
9 | found by the General Assembly to be both inadequate and harmful. |
10 | The General Assembly expressly finds and declares diagnostic, |
11 | evaluative and instructional services for such children to be |
12 | health services and it is the intention of the General Assembly |
13 | now to make these available, on a general and even-handed basis |
14 | to all school children in the Commonwealth. |
15 | (b) Definitions. As used in this section: |
16 | "Nonpublic school" means any nonprofit school, other than a |
17 | public school within the Commonwealth of Pennsylvania, wherein a |
18 | resident of the Commonwealth may legally fulfill the compulsory |
19 | school attendance requirements and which meets the requirements |
20 | of Title VI of the Civil Rights Act of 1964 (Public Law 88-352). |
21 | "Visual services" means diagnostic, evaluative and |
22 | instructional visual services for children. |
23 | (c) Provision of Services. The Secretary of Education, |
24 | directly or through the intermediate units out of their |
25 | allocation under section 922.1-A shall have the power and duty |
26 | to furnish free to nonpublic school students, upon the premises |
27 | of the nonpublic schools which they regularly attend, services |
28 | adequate for the diagnosis and evaluation of visual [defects] |
29 | impairments and instruction and training in skills advisable for |
30 | the education, independence and safety of such children, |
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1 | including but not limited to mobility training, provided that |
2 | such services are also afforded to public school students by the |
3 | public school district in which such nonpublic school is |
4 | located. |
5 | Section 4. Section 1328 of the act is amended to read: |
6 | Section 1328. Compulsory Education of Physical [Defectives] |
7 | Impairments.--Every parent, guardian, or other person, having |
8 | control or charge of any child of compulsory school age who is |
9 | deaf or blind, [or is so crippled,] or whose hearing or vision |
10 | is so [defective] impaired as to make it impracticable to have |
11 | such child educated in the public schools of the district in |
12 | which he is a resident, shall allow such child to be sent to |
13 | some school where proper provision is made for the education of |
14 | the deaf, or of the blind, [or of crippled children,] or shall |
15 | provide for the tuition of such child by a legally certified |
16 | private tutor. |
17 | Section 5. Section 1338 of the act, amended November 17, |
18 | 1995 1st Sp.Sess., P.L.1110, No.29), is amended to read: |
19 | Section 1338. Dependent Children.--In case any child of |
20 | compulsory school age cannot be kept in school in compliance |
21 | with the provisions of this act, on account of incorrigibility, |
22 | truancy, insubordination, or other [bad] inappropriate conduct, |
23 | or if the presence of any child attending school is detrimental |
24 | to the welfare of such school, on account of incorrigibility, |
25 | truancy, insubordination, or other [bad] inappropriate conduct, |
26 | the board of school directors may, by its superintendent, |
27 | secretary, attendance officer or State, municipal, port |
28 | authority, transit authority or housing authority police |
29 | officer, under such rules and regulations as the board may |
30 | adopt, proceed against said child before the juvenile court, or |
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1 | otherwise, as is now or may hereafter be provided by law for |
2 | incorrigible, truant, insubordinate, or dependent children. |
3 | Section 6. Section 1372(3) of the act, amended August 24, |
4 | 1977 (P.L.199, No.59), is amended to read: |
5 | Section 1372. Exceptional Children; Education and |
6 | Training.--* * * |
7 | (3) Special Classes or Schools Established and Maintained by |
8 | School Districts. Except as herein otherwise provided, it shall |
9 | be the duty of the board of school directors of every school |
10 | district to provide and maintain, or to jointly provide and |
11 | maintain with neighboring districts, special classes or schools |
12 | in accordance with the approved plan. The Secretary of Education |
13 | shall superintend the organization of such special classes and |
14 | such other arrangements for special education and shall enforce |
15 | the provisions of this act relating thereto. If the approved |
16 | plan indicates that it is not feasible to form a special class |
17 | in any district or to provide such education for any such child |
18 | in the public schools of the district, the board of school |
19 | directors of the district shall secure such proper education and |
20 | training outside the public schools of the district or in |
21 | special institutions, or by providing for teaching the child in |
22 | his home, in accordance with rules and regulations prescribed by |
23 | the Department of Education, on terms and conditions not |
24 | inconsistent with the terms of this act or of any other act then |
25 | in force applicable to such children. However, the institution |
26 | of special classes and programs at the secondary level for |
27 | exceptional children who are gifted and talented students may be |
28 | deferred until September 1978 at the discretion of the board of |
29 | the school directors of any school district. |
30 | In addition to the above and in accordance with rules and |
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1 | regulations prescribed by the Department of Education, |
2 | [homebound] instruction shall be provided for children confined |
3 | in detention homes as provided in section 7, act of June 2, 1933 |
4 | (P.L.1433, No.311), as amended, at the detention home for the |
5 | period of their confinement, if their confinement exceeds or is |
6 | expected to exceed ten days, even though such children are not |
7 | exceptional. |
8 | * * * |
9 | Section 7. Section 1376(a) of the act, amended July 4, 2004 |
10 | (P.L.536, No.70), is amended to read: |
11 | Section 1376. Cost of Tuition and Maintenance of Certain |
12 | Exceptional Children in Approved Institutions.--(a) When any |
13 | child between school entry age and twenty-one (21) years of age |
14 | and resident in this Commonwealth, who is blind or deaf, or has |
15 | cerebral palsy and/or neurological impairment and/or muscular |
16 | dystrophy and/or is [mentally retarded] developmentally disabled |
17 | and/or has a serious emotional [disturbance] disability and/or |
18 | has autism/pervasive developmental disorder and is enrolled, |
19 | with the approval of the Department of Education, as a pupil in |
20 | an approved private school approved by the Department of |
21 | Education, in accordance with standards and regulations |
22 | promulgated by the State Board of Education, the school district |
23 | in which such child is resident or, for students placed by a |
24 | charter school, the charter school in which the student was |
25 | enrolled shall pay the greater of either twenty per centum (20%) |
26 | of the actual audited cost of tuition and maintenance of such |
27 | child in such school, as determined by the Department of |
28 | Education, or its "tuition charge per elementary pupil" or its |
29 | "tuition charge per high school pupil," as calculated pursuant |
30 | to section 2561, and the Commonwealth shall pay, out of funds |
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1 | appropriated to the department for special education, the |
2 | balance due for the costs of such child's tuition and |
3 | maintenance, as determined by the department. For the school |
4 | years 1989-1990, 1990-1991 and 1991-1992, the school district |
5 | payment shall be no greater than forty percent (40%) of the |
6 | actual audited costs of tuition and maintenance of such child in |
7 | such school. For the 1992-1993 school year through the 2003-2004 |
8 | school year, the school district or charter school payment shall |
9 | be the greater of forty percent (40%) of the actual audited |
10 | costs of tuition and maintenance of such child in such school, |
11 | as determined by the Department of Education, or its "tuition |
12 | charge per elementary pupil" or its "tuition charge per high |
13 | school pupil," as calculated pursuant to section 2561, and the |
14 | Commonwealth shall pay, out of funds appropriated to the |
15 | department for approved private schools, the balance due for the |
16 | costs of such child's tuition and maintenance, as determined by |
17 | the department. For the 2004-2005 school year and each school |
18 | year thereafter, the school district or charter school payment |
19 | shall be the greater of forty percent (40%) of the approved |
20 | tuition rate as established pursuant to subsection (c.3) or |
21 | (c.5) or the school district or charter school's "tuition |
22 | charges per elementary pupil" or "tuition charges per secondary |
23 | pupil" as calculated under section 2561, and the Commonwealth |
24 | shall pay out of funds appropriated to the department for |
25 | approved private schools the balance of the approved tuition |
26 | rate due for the cost of such child's tuition and maintenance. |
27 | The department will credit the district of residence with |
28 | average daily membership for such child consistent with the |
29 | rules of procedure developed in accordance with section 2501. If |
30 | the residence of such child in a particular school district |
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1 | cannot be determined, the Commonwealth shall pay the whole cost |
2 | of tuition and maintenance of such child as established under |
3 | subsection (c.3) or (c.5). |
4 | * * * |
5 | Section 8. Section 1377 of the act, amended May 31, 1979 |
6 | (P.L.33, No.11) and July 8, 1989 (P.L.253, No.43), is amended to |
7 | read: |
8 | Section 1377. Payment of Cost of Tuition and Maintenance of |
9 | Certain Exceptional Children.--(a) To facilitate payments by |
10 | the several school districts to the schools or institutions in |
11 | which children who are deaf or blind, or cerebral palsied and/or |
12 | brain damaged and/or muscular dystrophied, or socially and |
13 | emotionally [disturbed] disabled or [mentally retarded children] |
14 | developmentally disabled are enrolled, of amounts due by such |
15 | districts for their proportion of the cost of tuition and |
16 | maintenance of such children, the Secretary of Education shall |
17 | withhold from any moneys due to such districts out of any State |
18 | appropriation for the assistance as reimbursement of school |
19 | districts, the amounts due by such districts to such schools or |
20 | institutions for the blind or the deaf, or the cerebral palsied |
21 | and/or brain damaged and/or muscular dystrophied or the socially |
22 | and emotionally [disturbed] disabled and/or [mentally retarded] |
23 | developmentally disabled. Amounts so withheld shall be |
24 | specifically appropriated to the Department of Education. |
25 | (b) Payments of the Commonwealth's proportion of the cost of |
26 | tuition and maintenance of pupils who are blind or deaf, or |
27 | cerebral palsied and/or brain damaged and/or muscular |
28 | dystrophied, or socially and emotionally [disturbed] disabled |
29 | and/or [mentally retarded pupils] developmentally disabled and |
30 | are enrolled in schools or institutions for the blind or for the |
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1 | deaf, or for the cerebral palsied and/or brain damaged and/or |
2 | muscular dystrophied, or for the socially and emotionally |
3 | [disturbed] disabled and of the cost of instruction of parents |
4 | of blind pupils less than school entry age, as hereinbefore |
5 | provided, shall be made quarterly, out of moneys appropriated to |
6 | the Department of Education for special education. Except for |
7 | the provisions of section 1376.1 providing for the actual cost |
8 | of tuition and maintenance of certain exceptional children in |
9 | the four chartered schools for education of the deaf and of the |
10 | blind, in no event shall the total payment for the cost of |
11 | tuition and maintenance of any such child exceed the rates per |
12 | year allowed under section 1376. The maximum amount payable for |
13 | the cost of tuition and maintenance of such children shall be |
14 | subject to review at least once every two years for the purpose |
15 | of recommending an adjustment thereof. |
16 | (c) For the purpose of enabling the Department of Education |
17 | to determine from time to time what amounts are due to schools |
18 | for the blind or for the deaf or for the cerebral palsied and/or |
19 | brain damaged and/or muscular dystrophied or for the socially |
20 | and emotionally [disturbed] disabled and/or [mentally retarded] |
21 | developmentally disabled hereunder, such schools shall forward |
22 | to the department, at such times and in such form as the |
23 | department shall prescribe, sworn statements setting forth the |
24 | names, ages, and residences of all pupils enrolled hereunder, |
25 | specifying the school districts liable for a part of the cost of |
26 | tuition and maintenance of any such pupils, the per capita cost |
27 | of and maintenance of pupils, and such other information as the |
28 | department shall require. |
29 | For the purpose of providing adequate administration of the |
30 | program and to carry out the preaudit functions authorized in |
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1 | section 1376(a), one-half of one percent (.50%) of the total |
2 | appropriations for approved private schools from all funds shall |
3 | be allocated to the Department of Education. |
4 | (d) When, during the course of the 1982-1983 school year, |
5 | programs for exceptional children are caused to be transferred |
6 | from schools or institutions for the blind or deaf, or cerebral |
7 | palsied or brain damaged or muscular dystrophied or [mentally |
8 | retarded] developmentally disabled, or socially and emotionally |
9 | [disturbed] disabled, as provided for in sections 1376 and |
10 | 1376.1, to school districts or intermediate units, as provided |
11 | for in sections 2509 and 2509.1, under unanticipated or |
12 | emergency circumstances, and when such transfers necessitate the |
13 | transfer of funds from the appropriation to the Department of |
14 | Education for special education for approved private schools to |
15 | the appropriation to the Department of Education for payments on |
16 | account of special education of exceptional children in public |
17 | schools, the Secretary of Education shall be empowered so to |
18 | transfer such funds, upon approval of the Secretary of the |
19 | Budget and written notification to the State Treasurer and the |
20 | chairmen of the House and Senate Appropriations and Education |
21 | Committees. |
22 | Section 9. Section 1377.1 of the act, added December 20, |
23 | 1983 (P.L.267, No.73), is amended to read: |
24 | Section 1377.1. Transfer of Funds for Transferal Programs.-- |
25 | When, during the course of a school year or after the end of a |
26 | school year, programs for exceptional children are caused to be |
27 | transferred from schools or institutions for the blind or deaf, |
28 | or cerebral palsied or brain damaged or muscular dystrophied or |
29 | [mentally retarded] developmentally disabled, or socially and |
30 | emotionally [disturbed] disabled, as provided for in sections |
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1 | 1376 and 1376.1, to school districts or intermediate units, as |
2 | provided for in sections 2509 and 2509.1, and when such |
3 | transfers necessitate the transfer of funds from the |
4 | appropriation to the Department of Education for special |
5 | education for approved private schools to the appropriation to |
6 | the Department of Education for payments on account of special |
7 | education of exceptional children in public schools, the |
8 | Secretary of Education shall be empowered to transfer such |
9 | funds, upon approval of the Secretary of the Budget and written |
10 | notification to the State Treasurer and the chairmen of the |
11 | House and Senate Appropriations and Education Committees. |
12 | Section 10. Sections 1378 and 1379 of the act are amended to |
13 | read: |
14 | Section 1378. Medical Care for Children Under Six with |
15 | [Defective] Impaired Hearing.--Whenever the county medical |
16 | director of the Department of Health reports to the medical |
17 | examiner of any school district a case of a minor under six (6) |
18 | years of age, who is totally deaf or whose hearing is impaired, |
19 | who is not receiving adequate care and treatment, and whose |
20 | parent or guardian is financially unable to provide the same, |
21 | such medical examiner shall provide such care and treatment at |
22 | the expense of the school district or of the Commonwealth, as |
23 | the case may be, charged by law with the providing of medical |
24 | examinations for the schools of the school district. Such care |
25 | and treatment may be administered by the medical examiner or by |
26 | some doctor of medicine selected by him. |
27 | Section 1379. Children Under Six with [Defective] Impaired |
28 | Hearing; Parent or Guardian Advised of Schools, etc.--Whenever |
29 | notified by the Department of Health of the case of a minor |
30 | under six (6) years of age, who is totally deaf or whose hearing |
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1 | is impaired, the Superintendent of Public Instruction, when in |
2 | his judgment the same is deemed desirable, shall communicate to |
3 | the parent or guardian the location of any special schools, and |
4 | also the nearest public school having special classes for the |
5 | instruction of the hard of hearing, with the information |
6 | concerning the advantages offered by such school or classes, the |
7 | benefits to accrue to the child from attending such school or |
8 | classes, and the manner in which the expenses of such |
9 | instruction will be provided for. |
10 | Section 11. Section 1414 of the act, added July 15, 1957 |
11 | (P.L.937, No.404), is amended to read: |
12 | Section 1414. Care and Treatment of Pupils.--Any school |
13 | district or joint school board may provide for the care and |
14 | treatment of [defective] impaired eyes, ears and teeth of all |
15 | children of school age within the district. |
16 | Section 12. Section 1502-E(b) of the act, added July 4, 2004 |
17 | (P.L.536, No.70), is amended to read: |
18 | Section 1502-E. Character education program. |
19 | * * * |
20 | (b) Curriculum contents.--The program may include and teach |
21 | the following basic civil values and character traits: |
22 | (1) Trustworthiness, including honesty, integrity, |
23 | reliability and loyalty. |
24 | (2) Respect, including regard for others, tolerance and |
25 | courtesy. |
26 | (3) Responsibility, including hard work, economic self- |
27 | reliance, accountability, diligence, perseverance and self- |
28 | control. |
29 | (4) Fairness, including justice, consequences of [bad] |
30 | inappropriate behavior, principles of nondiscrimination and |
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1 | freedom from prejudice. |
2 | (5) Caring, including kindness, empathy, compassion, |
3 | consideration, generosity and charity. |
4 | (6) Citizenship, including love of country, concern for |
5 | the common good, respect for authority and the law and |
6 | community mindedness. |
7 | * * * |
8 | Section 13. Section 2108 of the act is amended to read: |
9 | Section 2108. Qualifications of Principals and Teachers.-- |
10 | The board of public education in each school district of the |
11 | first class shall prescribe the mode or modes of determining the |
12 | qualifications of applicants for positions as principals or |
13 | teachers in the schools of the district, and shall designate the |
14 | kinds or grades of teachers' certificates which may or shall be |
15 | used in the district, together with the scholastic, |
16 | professional, and personal qualifications required for each kind |
17 | or grade of certificate. |
18 | No certificate shall be granted to any person who is not of |
19 | good moral character, or to any person who shall not first have |
20 | presented a certificate, from a physician recognized by the |
21 | board of public education as competent for the purpose, setting |
22 | forth that said applicant is neither mentally nor physically |
23 | disqualified by reason of tuberculosis, or any other chronic or |
24 | acute physical [defect] impairment, from successfully performing |
25 | the duties of a teacher. |
26 | Section 14. Section 2501(11) of the act, amended September |
27 | 12, 1961 (P.L.1277, No.560), is amended to read: |
28 | Section 2501. Definitions.--For the purposes of this article |
29 | the following terms shall have the following meanings: |
30 | * * * |
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1 | (11) "Actual Instruction Expense Per Elementary Teaching |
2 | Unit, Actual Instruction Expense Per Elementary Teaching Unit in |
3 | a Laboratory School of a State-owned College, Actual Instruction |
4 | Expense Per Secondary Teaching Unit, Actual Instruction Expense |
5 | Per Secondary Teaching Unit in a Laboratory School of a State- |
6 | owned College, Actual Instruction Expense Per Joint Elementary |
7 | Teaching Unit, Actual Instruction Expense Per Joint Secondary |
8 | Teaching Unit, Actual Instruction Expense Per Area Technical |
9 | School Teaching Unit." In 1958 in the month of September and |
10 | thereafter annually in the month of September, the Department of |
11 | Public Instruction shall calculate for each school district for |
12 | the immediately preceding school year the actual instruction |
13 | expense per elementary teaching unit for elementary pupils |
14 | educated in the district's public schools, the actual |
15 | instruction expense per secondary teaching unit for secondary |
16 | pupils educated in the district's public schools, the actual |
17 | instruction expense per joint elementary teaching unit for |
18 | elementary pupils educated in elementary schools of jointures of |
19 | which the district is a member, the actual instruction expense |
20 | per joint secondary teaching unit for secondary pupils educated |
21 | in secondary schools of jointures of which the district is a |
22 | member, the actual instruction expense per area technical school |
23 | teaching unit for pupils educated in area technical schools in |
24 | which the district participates, the actual instruction expense |
25 | per elementary teaching unit for elementary pupils residing in |
26 | the district and educated in the public schools of other |
27 | districts within the Commonwealth, and the actual instruction |
28 | expense per secondary teaching unit for secondary pupils |
29 | residing in the district and educated in the public schools of |
30 | other districts within the Commonwealth. In each case, actual |
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1 | instruction expense per teaching unit shall be the sum of (i) |
2 | and (ii) below but in no case shall include expenses for debt |
3 | service, capital outlay, rentals of capital facilities and |
4 | equipment, salaries and expenses for school nurses, for medical |
5 | and dental services, for driver education courses, for |
6 | reimbursable transportation of pupils, for tuition paid to other |
7 | school districts, for reimbursable board and lodging in lieu of |
8 | transportation, for salaries of directors and supervisors of |
9 | special education, public school psychologists, principals of |
10 | special schools and assistants, teachers of approved special |
11 | classes for [physically and mentally handicapped] children with |
12 | physical and mental disabilities, clerks and assistants employed |
13 | in programs for special education, for school district |
14 | contributions to the retirement fund on behalf of directors and |
15 | supervisors of special education, public school psychologists, |
16 | principals of special schools and assistants, teachers of |
17 | approved special classes for [physically and mentally |
18 | handicapped] children with physical and mental disabilities, |
19 | clerks and assistants employed in programs for special |
20 | education, for the cost of textbooks and supplies of the second |
21 | class used in special education classes or schools, for |
22 | extension schools and classes, for extension recreation |
23 | activities, for vocational extension education, or for |
24 | instruction of [homebound] children who are taught at home. (i) |
25 | Expenses of general control per teaching unit. Expenses of |
26 | general control shall include: salaries, supplies and other |
27 | expenses of the secretary's office; commission or salary of |
28 | treasurer, tax collector, auditors and legal service; expenses |
29 | of census enumeration and other expenses of business |
30 | administration; salaries of the superintendent of schools and |
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1 | clerks of the superintendent of schools; expenses of supplies |
2 | and other expenses of the superintendent of schools' office; and |
3 | other expenses of general control. In the case of computation of |
4 | actual instruction expense per elementary teaching unit for |
5 | district pupils educated in the schools of the district and for |
6 | district pupils educated in the public schools of other |
7 | districts within the Commonwealth and actual instruction expense |
8 | per secondary teaching unit for district pupils educated in the |
9 | schools of the district and for district pupils educated in the |
10 | public schools of other districts within the Commonwealth, |
11 | expenses of general control per teaching unit shall be |
12 | calculated by dividing the foregoing listed expenses of general |
13 | control of the school district by the number of teaching units |
14 | based on the number of all pupils who are residents of the |
15 | school district and are in average daily membership in the |
16 | public schools of the Commonwealth. In the case of computation |
17 | of actual instruction expense per joint elementary teaching unit |
18 | and actual instruction expense per joint secondary teaching |
19 | unit, expenses of general control per teaching unit shall be |
20 | calculated by dividing the foregoing listed expenses of general |
21 | control of the school district by the number of teaching units |
22 | based on the number of all pupils who are residents of the |
23 | school district and are in average daily membership in the |
24 | public schools of the Commonwealth, and adding thereto the |
25 | quotient obtained by dividing the foregoing listed expenses of |
26 | general control of the joint school district by the number of |
27 | joint teaching units based on the number of pupils who are |
28 | residents of school districts that are members of the joint |
29 | school district and are in average daily membership in the |
30 | schools of the joint school district. In the case of computation |
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1 | of actual instruction expense per area technical school teaching |
2 | unit, expenses of general control per teaching unit shall be |
3 | computed by dividing the foregoing listed expenses of general |
4 | control of the school district by the number of teaching units |
5 | based on the total number of all pupils who are residents of the |
6 | school district and are in average daily membership in the |
7 | public schools of the Commonwealth, and adding thereto the |
8 | quotient obtained by dividing the foregoing listed expenses of |
9 | general control of the area technical school by the number of |
10 | area technical school teaching units based on the number of |
11 | pupils who are residents of districts participating in the area |
12 | technical school and are in average daily membership in the area |
13 | technical school. (ii) Expenses of the school district, joint |
14 | school district, area technical school, or such other school |
15 | district within the Commonwealth in which the districts' pupils |
16 | are educated, as the case may be, on account of instruction, |
17 | auxiliary agencies and coordinate activities, operation of |
18 | school plant, maintenance of school plant, and fixed charges, |
19 | and each separately for elementary and for secondary schools, |
20 | per teaching unit, calculated by dividing the sums of (a), (b), |
21 | (c), (d), and (e) below by the numbers of elementary, secondary, |
22 | joint elementary, joint secondary, and area technical school |
23 | teaching units, respectively, based on the number of all pupils |
24 | on an equivalent full-time basis in average daily membership in |
25 | the public schools of the district, or joint district, or the |
26 | area technical school, or other school district within the |
27 | Commonwealth in which pupils of the district are educated, as |
28 | the case may be; (a) expenses of instruction, to include |
29 | salaries of supervisors and other expenses of supervisors, |
30 | salaries of principals and principals' clerks, supplies of the |
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1 | principals' offices, other expenses of supervision, teachers' |
2 | and teacher-librarians, salaries, textbooks, library books, |
3 | supplies used in instruction including library supplies, |
4 | expenses of attending teachers' institutes, commencement |
5 | exercise and exhibit expenses, and other expenses of |
6 | instruction, (b) expenses of auxiliary agencies and coordinate |
7 | activities, to include salaries, books, repairs, replacements, |
8 | and other expenses of public libraries, and non-reimbursable |
9 | transportation and board and lodging in lieu of transportation, |
10 | and provisions for tubercular and undernourished children, |
11 | community lectures, social centers and recreation, enforcement |
12 | of attendance, and other expenses of auxiliary agencies and |
13 | coordinate activities, (c) expenses of operation of school |
14 | plant, to include wages of janitors and other employes, fuel, |
15 | water, light, power, janitors' supplies, care of grounds, |
16 | services other than personal, telephone rental, and other |
17 | expenses of operation, (d) expenses of maintenance of school |
18 | plant, to include upkeep of grounds, repair of buildings, |
19 | repairs and replacements, heating, plumbing, lighting, apparatus |
20 | used in instruction, furniture, and other equipment, (e) |
21 | expenses of fixed charges, to include payments made to the |
22 | retirement board, rent, all insurance, and other fixed charges: |
23 | Provided, That the actual instruction expense for elementary |
24 | teaching unit for district pupils educated in the elementary |
25 | grades of a laboratory school of a State-owned college and the |
26 | actual instruction expenses for secondary teaching unit for |
27 | district pupils educated in the high school grades of a |
28 | laboratory school of a State-owned college shall be computed by |
29 | (i) dividing the total amount of money paid to the State-owned |
30 | college by the resident district for the education of all |
|
1 | resident elementary children enrolled in a laboratory school of |
2 | a State-owned college by the number of such elementary teaching |
3 | units based on the total number of such resident children in |
4 | average daily membership in the laboratory school, (ii) dividing |
5 | the total amount of money paid to the State-owned college by the |
6 | resident district for the education of all resident secondary |
7 | children enrolled in a laboratory school of a State-owned |
8 | college by the number of such secondary teaching units based on |
9 | the total number of such resident children in average daily |
10 | membership in the laboratory school. The teaching units are |
11 | computed on the basis of thirty (30) equivalent full time |
12 | elementary children and twenty-two (22) equivalent full time |
13 | secondary children. |
14 | * * * |
15 | Section 15. Section 2509(b) of the act, amended August 5, |
16 | 1991 (P.L.219, No.25), is amended to read: |
17 | Section 2509. Payments on Account of Courses for Exceptional |
18 | Children.--* * * |
19 | (b) To find the "instruction cost per special class pupil," |
20 | add (1) salaries of directors and supervisors of special |
21 | education, public school psychologists, principals of special |
22 | schools and assistants, teachers of approved special classes for |
23 | exceptional children, clerks and assistants employed in the |
24 | district's program for special education, (2) the district's |
25 | contribution to the retirement fund on behalf of directors and |
26 | supervisors of special education, public school psychologists, |
27 | principals of special schools and assistants, teachers of |
28 | approved special classes for exceptional children, clerks and |
29 | assistants employed in the district's program for special |
30 | education, (3) the cost of textbooks and supplies of the second |
|
1 | class used in the district's special education classes or |
2 | schools, (4) the cost of telephonic system equipment which |
3 | enables [handicapped] children with physical and mental |
4 | disabilities to remain in their homes and still participate in |
5 | classroom activities. Divide the sum of (1), (2), (3), and (4) |
6 | on that part thereof which is approved by the Department of |
7 | Education for reimbursement by the total number of pupils, |
8 | including those pupils who have available for use telephonic |
9 | system equipment whereby they may remain at home and still |
10 | participate in classroom activities, in average daily membership |
11 | in the district's approved special classes for exceptional |
12 | children. The quotient so obtained shall be the "instruction |
13 | cost per special class pupil." |
14 | * * * |
15 | Section 16. Section 2510.1 of the act, amended June 30, 2011 |
16 | (P.L.112, No.24), is amended to read: |
17 | Section 2510.1. Payments on Account of [Homebound] Children |
18 | who Are Taught at Home.--Every school district, regardless of |
19 | classification, shall be paid by the Commonwealth for the school |
20 | year 1966-1967, and for each school year thereafter, on account |
21 | of the instruction of [homebound] children who are taught at |
22 | home, an amount determined by multiplying the mandated minimum |
23 | hourly rate for instructing [homebound] children who are taught |
24 | at home by the district's aid ratio. Payments made to school |
25 | districts for the instruction of [homebound] children who are |
26 | taught at home shall only be made to the extent funds are |
27 | appropriated for this purpose. |
28 | Section 17. Section 2517(e) of the act, added July 11, 2006 |
29 | (P.L.1092, No.114), is amended to read: |
30 | Section 2517. Payments.--* * * |
|
1 | (e) The Secretary of Education, with the approval of the |
2 | Governor, may make basic education funding allocation payments |
3 | to school districts, in advance of the dates set forth in this |
4 | section to school districts which are financially [handicapped] |
5 | burdened, when the secretary deems it necessary to enable the |
6 | school district to keep their public schools open. |
7 | Section 18. Section 2541(b) of the act, amended November 20, |
8 | 1979 (P.L.465, No.97), is amended to read: |
9 | Section 2541. Payments on Account of Pupil Transportation.-- |
10 | * * * |
11 | (b) Such payments for pupil transportation shall be made in |
12 | the following cases: |
13 | (1) To school districts of the fourth class and districts of |
14 | the third class which are located wholly within the boundary |
15 | lines of a township, or within the boundary lines of a borough |
16 | which has a population of less than five hundred (500) |
17 | inhabitants to the square mile, to districts of the third class |
18 | operating schools jointly with districts of the fourth class or |
19 | with other districts of the third class entitled to payment on |
20 | account of transportation to merged or union school districts in |
21 | which one or more of the component districts were heretofore |
22 | eligible for reimbursement on account of transportation to new |
23 | school districts composed of two or more former school districts |
24 | established as a result of reorganization of school districts |
25 | pursuant to Article II., subdivision (i) of this act and to |
26 | school districts which were eligible heretofore for |
27 | reimbursement on account of transportation, for the |
28 | transportation of elementary school pupils residing within any |
29 | part of the district last served by any elementary school closed |
30 | since the first Monday of July, one thousand nine hundred seven, |
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1 | or within a district all of whose schools have been closed, or |
2 | who are assigned to a training school of a State college, and in |
3 | each case who reside one and one-half (1 1/2) miles or more from |
4 | the school to which they are assigned or who reside in areas |
5 | where the road or traffic conditions are such that walking |
6 | constitutes a hazard to the safety of the child when so |
7 | certified by the Department of Transportation. The Department of |
8 | Transportation shall take into account the presence of sidewalks |
9 | along the highway, but such presence or lack thereof shall not |
10 | be controlling and the department shall consider all relevant |
11 | safety factors in making its determination as to whether or not |
12 | walking constitutes a hazard to pupils. |
13 | (2) To school districts of the fourth class and districts of |
14 | the third class which are located wholly within the boundary |
15 | lines of a township, or within the boundary lines of a borough |
16 | which has a population of less than five hundred (500) |
17 | inhabitants to the square mile, to merged or union school |
18 | districts in which one or more of the component districts were |
19 | heretofore eligible for reimbursement on account of |
20 | transportation to new school districts composed of two or more |
21 | former school districts established as a result of |
22 | reorganization of school districts pursuant to Article II., |
23 | subdivision (i) of this act and to school districts which were |
24 | eligible heretofore for reimbursement on account of |
25 | transportation, for the transportation of any child living more |
26 | than two (2) miles by the nearest public highway from the |
27 | nearest school in session, or any child who resides in an area |
28 | where the road or traffic conditions are such that walking |
29 | constitutes a hazard to the safety of the child when so |
30 | certified by the Bureau of Traffic Safety, and to districts of |
|
1 | the third class operating schools jointly with districts of the |
2 | fourth class or with other districts of the third class entitled |
3 | to payment on account of transportation for the transportation |
4 | of any child living more than two (2) miles by the nearest |
5 | public highway from the nearest jointly operated school in |
6 | session offering the proper grades including pupils who are |
7 | attending area technical schools or any child who resides in an |
8 | area where the road or traffic conditions are such that walking |
9 | constitutes a hazard to the safety of the child when so |
10 | certified by the Department of Transportation. The Department of |
11 | Transportation shall take into account the presence of sidewalks |
12 | along the highway, but such presence or lack thereof shall not |
13 | be controlling and the department shall consider all relevant |
14 | safety factors in making its determination as to whether or not |
15 | walking constitutes a hazard to pupils. |
16 | (3) To all school districts, for the transportation of |
17 | [physically or mentally handicapped] children with physical and |
18 | mental disabilities regularly enrolled in special classes |
19 | approved by the Department of Education or enrolled in a regular |
20 | class in which approved educational provisions are made for |
21 | them. |
22 | (4) To all third and fourth class school districts, for |
23 | pupils transported to and from approved consolidated schools or |
24 | approved joint consolidated schools living one and one-half |
25 | miles or more from the school of attendance or residing in areas |
26 | where the road or traffic conditions are such that walking |
27 | constitutes a hazard to the safety of the child when so |
28 | certified by the Department of Transportation. The Department of |
29 | Transportation shall take into account the presence of sidewalks |
30 | along the highway, but such presence or lack thereof shall not |
|
1 | be controlling and the department shall consider all relevant |
2 | safety factors in making its determination as to whether or not |
3 | walking constitutes a hazard to pupils. |
4 | Consolidated schools or joint consolidated schools shall so |
5 | long as they are approved by the Secretary of Education as to |
6 | organization, control, location, equipment, courses of study, |
7 | qualifications of teachers, methods of instruction, condition of |
8 | admission, expenditures of money, methods and means of |
9 | transportation and the contracts providing therefor, constitute |
10 | approved consolidated schools or approved joint consolidated |
11 | schools. |
12 | (5) To all school districts, for pupils transported to and |
13 | from schools used for the purpose of better gradation. |
14 | (6) To all school districts for pupils transported to and |
15 | from area technical schools. |
16 | (7) To all school districts, for the transportation of |
17 | nonresident children who are placed in the home of a resident, |
18 | or who are inmates of an orphan asylum or home or a children's |
19 | home or other institution for the care and training of orphans |
20 | or other children, and who attend the public schools, and who |
21 | live two miles or more from the nearest school with the proper |
22 | grades or residing in areas where the road or traffic conditions |
23 | are such that walking constitutes a hazard to the safety of the |
24 | child when so certified by the Department of Transportation. The |
25 | Department of Transportation shall take into account the |
26 | presence of sidewalks along the highway, but such presence or |
27 | lack thereof shall not be controlling and the department shall |
28 | consider all relevant safety factors in making its determination |
29 | as to whether or not walking constitutes a hazard to pupils. |
30 | * * * |
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1 | Section 19. This act shall take effect in 60 days. |
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