Regular Session 2017-2018 Senate Bill 0052 P.N. 1425

PRIOR PRINTER'S NO. 33

PRINTER'S NO. 1425

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2017

INTRODUCED BY GREENLEAF, VULAKOVICH, HUTCHINSON, SCHWANK,

BREWSTER, FONTANA, COSTA, BOSCOLA, HAYWOOD, RAFFERTY AND

BROWNE, JANUARY 12, 2017

AS AMENDED ON THIRD CONSIDERATION, JANUARY 23, 2018

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, providing for the National Guard Youth

Challenge Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 51 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 98

NATIONAL GUARD YOUTH

CHALLENGE PROGRAM

Sec.

9801. Definitions.

9802. Program established.

9803. Description of program.

9804. Length of program.

9805. Participants.

9806. Administration.

9807. Funding.

9808. Transferability of course credit.

9809. Advisory council.

9810. Report.

9811. Audit required.

§ 9801. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Institution of higher education." Any institution of higher

learning that is approved by the Pennsylvania Higher Education

Assistance Agency to participate in the award of State grants

under the act of January 25, 1966 (1965 P.L.1546, No.541),

referred to as the Higher Education Scholarship Law. ANY OF THE

FOLLOWING:

(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A OF

THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE

PUBLIC SCHOOL CODE OF 1949 .

(2) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER

EDUCATION UNDER ARTICLE XX-A OF THE PUBLIC SCHOOL CODE OF

1949 .

(3) A STATE-RELATED INSTITUTION AS DEFINED IN SECTION

1502-A OF THE PUBLIC SCHOOL CODE OF 1949 .

(4) THADDEUS STEVENS COLLEGE OF TECHNOLOGY.

(5) ANY ACCREDITED PRIVATE OR INDEPENDENT COLLEGE OR

UNIVERSITY.

"Program." The Keystone State Challenge Academy established

under section 9802 (relating to program established).

"School entity." A school district, charter school, cyber

charter school, regional charter school, intermediate unit or

area vocational-technical school.

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§ 9802. Program established.

To the extent funds are appropriated for the purposes

provided under this chapter, the department shall establish a

youth challenge program as provided for under 32 U.S.C. § 509

(relating to National Guard Youth Challenge Program of

opportunities for civilian youth). The program shall be known as

the Keystone State Challenge Academy.

§ 9803. Description of program.

(A) GENERAL RULE.--THE DEPARTMENT SHALL DEVELOP PROGRAM

GUIDELINES IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION.

Consistent with 32 U.S.C. § 509(a) (relating to National Guard

Youth Challenge Program of opportunities for civilian youth),

the program shall seek to improve the life skills and employment

potential of participants by providing military-based training

and supervised work experience, together with the core program

components of assisting participants to receive a high school

diploma or its equivalent; leadership development; promoting

fellowship and community service; developing life coping skills

and job skills; and improving physical fitness and health and

hygiene. THE DEPARTMENT SHALL POST THE PROGRAM GUIDELINES ON THE

HOME PAGE OF THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE AND SHALL PROVIDE THE GUIDELINES TO THE DEPARTMENT OF

EDUCATION.

(B) DUTIES OF DEPARTMENT OF EDUCATION.-- THE DEPARTMENT OF

EDUCATION SHALL POST THE PROGRAM GUIDELINES ON THE HOME PAGE OF

THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AND SHALL

ANNUALLY DISTRIBUTE THE GUIDELINES AND RELEVANT PROGRAM

INFORMATION TO ALL SCHOOL ENTITIES.

§ 9804. Length of program.

The program shall be for a period of time as set forth in 32

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U.S.C. § 509(a) (relating to National Guard Youth Challenge

Program of opportunities for civilian youth).

§ 9805. Participants.

Requirements for participation in the program shall be as

prescribed by the United States Secretary of Defense under 32

U.S.C. § 509(e) (relating to National Guard Youth Challenge

Program of opportunities for civilian youth).

§ 9806. Administration.

Subject to 32 U.S.C. § 509 (relating to National Guard Youth

Challenge Program of opportunities for civilian youth) and its

implementing regulations and applicable agreements, the program

shall be staffed by the administrative, professional, technical

and clerical employees necessary for the operation of the

program.

§ 9807. Funding.

The department shall apply for funding, as provided for under

32 U.S.C. § 509(d) (relating to National Guard Youth Challenge

Program of opportunities for civilian youth). Under 32 U.S.C. §

509(j), the department may supplement the funding with other

resources, including gifts, made available to the department and

may also accept, use and dispose of gifts or donations of money,

other property or services for the program.

§ 9808. Transferability of course credit.

All academic course credits earned by a program participant

shall be recognized by any school entity in which the

participant enrolls following completion of the program. The

department, in consultation with the Department of Education,

shall ensure that the program complies with all statutory and

regulatory provisions as necessary to facilitate the

transferability of course credit earned in the program to a

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school entity.

§ 9809. Advisory council.

(a) Establishment.--An advisory council is established for

the program. The advisory council shall consist of the following

members and the Adjutant General, who shall serve as a

nonvoting, ex officio member. Members of the advisory council

shall be appointed as follows:

(1) Three members appointed by the Governor as follows:

(i) The Deputy Adjutant General for Army or a

designee.

(ii) The Deputy Adjutant General for Air or a

designee.

(iii) The Secretary of Education or a designee.

(2) Three members of the Senate appointed by the

President pro tempore of the Senate, in consultation with the

Majority Leader and Minority Leader of the Senate, with two

appointees from the majority party and one appointee from the

minority party.

(3) Three members of the House of Representatives

appointed by the Speaker of the House of Representatives, in

consultation with the Majority Leader and Minority Leader of

the House of Representatives, with two appointees from the

majority party and one appointee from the minority party.

(b) Terms.--Each member of the advisory council shall serve

for the duration of the term of the appointing authority,

provided that each member may be removed for cause by the

member's appointing authority.

a chairperson.

(d) Quorum.--Five members of the advisory council shall

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constitute a quorum for the purpose of conducting the business

of the advisory council. The advisory council shall meet at

least quarterly and at other times at the call of the

chairperson.

(e) Compensation.--Members of the advisory council shall

receive no compensation for their services but shall receive

reimbursement for their necessary and proper expenses for

attendance at meetings.

(f) Program operation.--The advisory council shall advise

the Adjutant General and the department concerning the operation

of the program.

§ 9810. Report.

(a) Annual report.--The department shall prepare annually a

written report concerning the program. The report shall include,

but not be limited to, all of the following:

(1) The number of individuals who applied to the program

in the previous fiscal year.

(2) The number of individuals who participated in the

program in the previous fiscal year.

(3) The number and percentage of program participants in

the previous fiscal year who achieved each of the following:

(i) Earned a high school diploma or its equivalent.

(ii) Enrolled in a course of study at an institution

of higher education.

(iii) Accepted a position of full-time, paid

employment.

(iv) Accepted a position of part-time, paid

employment.

(v) Entered the armed forces of the United States,

including a reserve component or the National Guard.

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(4) The demographic makeup of the applicants to and

participants in the program, including, but not limited to,

the following:

(i) Race.

(ii) Age.

(iii) Gender.

(5) Any information the department provides to the

Secretary of Defense under 32 U.S.C. § 509(k) (relating to

National Guard Youth Challenge Program of opportunities for

civilian youth) .

(b) Submission.--The report shall be submitted to the

following:

(1) The chairperson and minority chairperson of the

Education Committee of the Senate.

(2) The chairperson and minority chairperson of the

Veterans Affairs and Emergency Preparedness Committee of the

Senate.

(3) The chairperson and minority chairperson of the

Education Committee of the House of Representatives.

(4) The chairperson and minority chairperson of the

Veterans Affairs and Emergency Preparedness Committee of the

House of Representatives.

§ 9811. Audit required.

The department shall submit annually to the chairperson and

minority chairperson of the Veterans Affairs and Emergency

Preparedness Committee of the Senate and the chairperson and

minority chairperson of the Veterans Affairs and Emergency

Preparedness Committee of the House of Representatives a

complete certified audit of the program. The audit shall be

conducted by a qualified independent certified public accountant

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under generally accepted audit standards of the Governmental

Accounting Standards Board. THE DEPARTMENT SHALL UNDERGO AN

ANNUAL AUDIT OF THE PROGRAM. THE AUDIT SHALL BE CONDUCTED BY A

QUALIFIED INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT UNDER

GENERALLY ACCEPTED AUDIT STANDARDS OF THE GOVERNMENTAL

ACCOUNTING STANDARDS BOARD. THE AUDIT SHALL BE SUBMITTED TO THE

FOLLOWING:

(1) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

EDUCATION COMMITTEE OF THE SENATE.

(2) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE

SENATE.

(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(4) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE

HOUSE OF REPRESENTATIVES.

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

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