Regular Session 2015-2016 House Bill 0158 P.N. 0692

PRIOR PRINTER'S NOS. 144, 233

PRINTER'S NO. 692

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

158

Session of

2015

INTRODUCED BY PEIFER, MILLARD, LONGIETTI, O'NEILL, GROVE, MURT,

TALLMAN, SAYLOR, M. K. KELLER, CARROLL, READSHAW, MAJOR,

TOPPER, PHILLIPS-HILL, R. BROWN, GIBBONS, KORTZ AND DAVIS,

JANUARY 22, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

FEBRUARY 24, 2015

AN ACT

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

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in terms and courses of study,

providing for secretary declaration of emergencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

section to read:

Section 1505. Secretary Declaration of Emergencies.--(a)

Beginning in the 2015-2016 school year and in each school year

thereafter, the Secretary of Education may issue a weather-

related, safety-related or health-related emergency declaration

on a school district ENTITY, CHARTER SCHOOL ENTITY , county or

Statewide basis under which a WHICH:

(1) A school entity may satisfy the one hundred eighty (180)

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instructional day per school year requirement in section 1501 of

this act by one or more of the following options:

(1) (I) Approving, by majority vote of the governing board

of the school entity, a school year with a minimum of nine

hundred (900) hours of instruction at the elementary level and

nine hundred ninety (990) hours of instruction at the secondary

level in lieu of one hundred eighty (180) instructional days.

(2) (II) Approving, by majority vote of the governing board

of the school entity, the scheduling of additional instructional

days on Saturdays to complete one hundred eighty (180)

instructional days or nine hundred (900) hours of instruction at

the elementary level and nine hundred ninety (990) hours of

instruction at the secondary level: Provided, however, that a

school entity shall not schedule more than one Saturday per

month as an instructional day and shall not schedule tests or

other examinations on a Saturday. Where a school entity chooses

to schedule an instructional day on Saturday under the

provisions of this paragraph SUBPARAGRAPH , the following shall

apply:

(i) (A) The school entity may schedule a regular

instructional day on the following Monday.

(ii) (B) The school entity shall, upon the written request

of a parent or guardian, excuse a student from school attendance

if the student has the opportunity to receive a program of

advanced instruction, to participate in academic or skills

competition or to engage in leadership development activities.

The request shall identify and describe the instruction,

competition or leadership development activities and the dates

and hours for which the absence is requested. The parent or

guardian shall, following each such absence, furnish in writing

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to the school entity a statement attesting to the student's

participation, including the dates and hours of such

participation.

(iii) (C) The school entity shall, upon the written

notification of a parent or guardian, excuse a student from

school attendance to observe or participate in a religious

activity or function. A student's absence from school pursuant

to this subparagraph CLAUSE shall be considered an instructional

day and shall not be recorded as an absence on the student's

attendance record or on the record of any group or class of

which the student is a member. There shall be no penalty

attached for any such absences pursuant to this subparagraph

CLAUSE .

(2) A CHARTER SCHOOL ENTITY MAY SATISFY THE ONE HUNDRED

EIGHTY (180) INSTRUCTIONAL DAY PER SCHOOL YEAR OR NINE HUNDRED

(900) HOURS OF INSTRUCTION AT THE ELEMENTARY LEVEL OR NINE

HUNDRED NINETY (990) HOURS OF INSTRUCTION AT THE SECONDARY LEVEL

PER SCHOOL YEAR REQUIREMENT IN SECTION 1715-A THROUGH COMPLIANCE

WITH PARAGRAPH (1)(II); PROVIDED, THAT FOR PURPOSES OF THIS

PARAGRAPH, THE TERM "SCHOOL ENTITY" AS USED IN PARAGRAPH (1)(II)

SHALL INCLUDE A CHARTER SCHOOL ENTITY.

(b) A school entity OR CHARTER SCHOOL ENTITY shall notify

the department, on a form to be developed by the department, of

any decision to use the options provided for under subsection

(a) to satisfy the one hundred eighty (180) instructional day

per school year requirement .

less subsidy payments or reimbursements than it would otherwise

be entitled to receive by the decision to use the options

provided under subsection (a).

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(d) Nothing in this section shall be construed to supersede

or preempt any provisions of a collective bargaining agreement

negotiated by a school entity OR CHARTER SCHOOL ENTITY and an

exclusive representative of the employes in accordance with the

act of July 23, 1970 (P.L.563, No.195), known as the "Public

Employe Relations Act."

(e) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"CHARTER SCHOOL ENTITY" SHALL MEAN A CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL OR CYBER CHARTER SCHOOL.

"Department" shall mean the Department of Education of the

Commonwealth.

"School entity" shall mean a school district, area

vocational-technical school , intermediate unit, charter school,

regional charter school or cyber charter school OR INTERMEDIATE

UNIT .

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

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