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PRINTER'S NO. 735
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
647
Session of
2017
INTRODUCED BY HAYWOOD, BLAKE, FONTANA, GREENLEAF, RAFFERTY,
SABATINA, BREWSTER, WHITE, COSTA, YUDICHAK, TARTAGLIONE,
HUGHES, SCHWANK, HUTCHINSON AND RESCHENTHALER, APRIL 20, 2017
REFERRED TO EDUCATION, APRIL 20, 2017
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 grounds and buildings, providing
for lead testing; and, in charter schools, further providing
for provisions applicable to charter schools.
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 742. Lead Testing.--(a) Prior to the start of each
school year, every school building in a district, including all
drinking water, shall be tested for lead levels. Any school
building that finds a lead level that is in excess of the levels
under subsection (c) shall immediately implement a plan to
ensure no child or adult is exposed to lead contamination and
that alternative sources of drinking water are made available.
(b) A school building that tests at a lead level higher than
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the levels under subsection (c) shall be retested monthly until
the lead level tests below the levels under subsection (c).
(c) The following shall apply:
(1) The lead level in drinking water in a school building
may not exceed the United States Environmental Protection
Agency's National Primary Drinking Water Regulations maximum
contaminant level goal or milligrams per liter.
(2) The lead levels in paint, dust and soil may not exceed
levels permitted by United States Environmental Protection
Agency rules.
(d) If the testing under subsection (a) results in a lead
level in excess of the levels under subsection (c), the school
district shall, within 30 days, submit a remediation plan to the
Department of Education and the Department of Environmental
Protection. The plan shall include, but shall not be limited to,
a timeline to remediate, abate or replace any lead-lined
drinking fountains, lead pipes and copper pipes with lead
solder, removing, abating or repainting lead-based paint and
soil removal. In addition, the plan shall include a timeline in
which the remediation or abatement shall be completed.
(e) The Department of Environmental Protection shall work
with the school district to approve and oversee the
implementation of the remediation plan. If a school district
fails to implement a remediation plan, the Department of
Environmental Protection, in consultation with the Department of
Education, shall work with the school to implement the
remediation plan.
(f) The lead levels of a test under subsection (a) or (b) in
excess of the levels under subsection (c) shall be reported in
writing to the Department of Education and shall be sent by mail
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or electronically to the parent or legal guardian of every
student enrolled in the school building. In addition, the
Department of Education and the school district shall post the
lead level result for each school building on their publicly
accessible Internet website.
(g) The following shall apply:
(1) A school building built after 1978 shall not be required
to test for lead paint.
(2) A school building built prior to 1978 shall not be
required to test for lead paint if the school building has
completed a full removal of all lead paint and has a
certification of the removal from the Department of
Environmental Protection or an individual licensed by the
Department of Environmental Protection.
(h) For purposes of this section, the term "school building"
does not include any administrative or maintenance buildings.
Section 2. Section 1732-A of the act, amended November 3,
2016 (P.L.1061, No.138), is amended to read:
Section 1732-A. Provisions Applicable to Charter Schools.--
(a) Charter schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 742, 752, 753,
755, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301,
1310, 1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329,
1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517,
1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article
XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
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providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making an
appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
(b) Charter schools shall be subject to the following
provisions of 22 Pa. Code:
Section 5.216 (relating to ESOL).
Section 5.4 (relating to general policies).
Chapter 11 (relating to pupil attendance).
Chapter 12 (relating to students).
Section 32.3 (relating to assurances).
Section 121.3 (relating to discrimination prohibited).
Section 235.4 (relating to practices).
Section 235.8 (relating to civil rights).
Chapter 711 (relating to charter school services and programs
for children with disabilities).
(c) (1) The secretary may promulgate additional regulations
relating to charter schools.
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(2) The secretary shall have the authority and the
responsibility to ensure that charter schools comply with
Federal laws and regulations governing children with
disabilities. The secretary shall promulgate regulations to
implement this provision.
Section 3. This act shall take effect immediately.
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