HOUSE AMENDED
PRIOR PRINTER'S NOS. 1784, 1899
PRINTER'S NO. 1950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1216
Session of
2020
INTRODUCED BY LANGERHOLC, STEFANO, MENSCH, PHILLIPS-HILL,
J. WARD, AUMENT, PITTMAN, REGAN, BROWNE, TARTAGLIONE,
KILLION, SABATINA, VOGEL, SCAVELLO, BOSCOLA, COLLETT, BLAKE,
SANTARSIERO, BAKER, IOVINO, MUTH, BREWSTER, HUGHES AND
MASTRIANO, JUNE 19, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 16, 2020
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 PRELIMINARY PROVISIONS, FURTHER
PROVIDING FOR KEYSTONE EXAMS AND GRADUATION REQUIREMENTS; in
certification of teachers, FURTHER PROVIDING FOR
INSTRUCTIONAL CERTIFICATE GRADE SPANS AND AGE LEVELS AND
DUTIES OF DEPARTMENT AND providing for special provisions
applicable to 2020-2021 school year.; IN PUPILS AND
ATTENDANCE, PROVIDING FOR NONPUBLIC SCHOOL TRANSPORTATION FOR
2020-2021 SCHOOL YEAR; AND, IN SCHOOL HEALTH SERVICES,
FURTHER PROVIDING FOR CONFIDENTIALITY, TRANSFERENCE AND
REMOVAL OF HEALTH RECORDS.
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 1. SECTION 1202.1(A) OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
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AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1. SECTION 121(B)(1) OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
AMENDED TO READ:
SECTION 121. KEYSTONE EXAMS AND GRADUATION REQUIREMENTS.--*
* *
(B) THE FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING SECTION 2604-B(B)(2)(V), 22 PA. CODE §
4.24 (RELATING TO HIGH SCHOOL GRADUATION REQUIREMENTS), 4.51
(RELATING TO STATE ASSESSMENT SYSTEM) OR 4.51C (RELATING TO
PROJECT-BASED ASSESSMENT) OR ANY STATUTE OR REGULATION TO THE
CONTRARY, THE USE OF THE KEYSTONE EXAMS AS A STATE OR LOCAL
GRADUATION REQUIREMENT OR AS A BENCHMARK FOR THE NEED FOR
PARTICIPATION IN A PROJECT-BASED ASSESSMENT SHALL BE DELAYED
UNTIL THE [2021-2022] 2022-2023 SCHOOL YEAR.
* * *
SECTION 2. SECTION 1202.1(A) OF THE ACT IS AMENDED BY ADDING
A PARAGRAPH TO READ:
SECTION 1202.1. INSTRUCTIONAL CERTIFICATE GRADE SPANS AND
AGE LEVELS AND DUTIES OF DEPARTMENT.--(A) THE FOLLOWING SHALL
APPLY TO SPECIAL EDUCATION CERTIFICATES:
* * *
(1.1) NOTWITHSTANDING PARAGRAPH (1), A TEACHER PREPARATION
PROGRAM MAY PERMIT AN INDIVIDUAL ENROLLED AT AN INSTITUTION OF
HIGHER EDUCATION OR IN AN APPROVED ALTERNATIVE PREPARATION
PROGRAM PRIOR TO DECEMBER 31 2021, AND WHO REMAINS CONTINUOUSLY
ENROLLED TO COMPLETE THE PROGRAM FOR THE GRADE LEVEL LIMITATIONS
PROVIDED UNDER 22 PA. CODE § 49.85(A) AND (B). THE DEPARTMENT
MAY ISSUE THE APPROPRIATE SPECIAL EDUCATION-PK-8 OR SPECIAL
EDUCATION-7-12 CERTIFICATES TO AN APPLICANT WHO COMPLETES THE
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PROGRAM AND MEETS ALL OTHER CERTIFICATION REQUIREMENTS.
* * *
SECTION 2 3. THE ACT IS AMENDED BY ADDING A SECTION SECTIONS
TO READ:
Section 1207.4. Special Provisions Applicable to 2020-2021
School Year.--(a) Beginning on the effective date of this
subsection and notwithstanding any other provision of law to the
contrary, the Secretary of Education may do any or all of the
following:
(1) Waive the requirement to satisfactorily complete the
assessment of basic skills required under section 1207.3 and 22
Pa. Code § 49.18(c) (relating to assessment) during the 2020-
2021 school year. This paragraph shall expire June 30, 2021.
(2) Issue a temporary provisional certificate to an educator
who has completed a preparation program and meets all
requirements for certification except the satisfactory
completion of the assessments required pursuant to 22 Pa. Code §
49.18(c) because the assessments were canceled or could not be
scheduled. A temporary provisional certificate issued under this
paragraph shall expire after one year of issuance and may be
converted to a Level I Pennsylvania certificate upon submission
of evidence of satisfactory completion of the required
assessments to the Department of Education. This paragraph shall
expire on June 30, 2021.
(3) Issue an exceptional case permit for a professional
employe at the request of a school entity that employs the
professional employe who completed the final year of Level I
Pennsylvania certificate validity in the 2019-2020 school year
and who was unable to complete the assessment requirements for
conversion to a Level II Pennsylvania certificate under 22 Pa.
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Code § 49.18(a)(2)(iii) because the assessments were canceled or
could not be scheduled. The exceptional case permit shall expire
one year from the date of issuance. This paragraph shall expire
June 30, 2021.
(4) Issue a temporary certificate to an individual who is
unable to complete the appropriate subject matter test for areas
other than health and physical education, cooperative education,
all special education areas and additional areas as may be
determined by the Department of Education under 22 Pa. Code §
49.18(e) when the Department of Education determines that the
relevant assessment has been canceled or could not be scheduled.
An individual who provides evidence as required by the
Department of Education indicating that the individual attempted
to access testing and was denied registration may be eligible
for issuance of a temporary certificate under this paragraph.
The temporary certificate shall expire one year from the date of
issuance and may be converted to a full instructional
certificate by providing proof of satisfactory achievement on
the required test to the Department of Education. This paragraph
shall expire June 30, 2021.
(5) THE FOLLOWING PROVISIONS RELATING TO TESTING SHALL
APPLY:
(I) THE SECRETARY OF EDUCATION MAY WAIVE THE NIMS ASSESSMENT
AND THE NOCTI EXAM ON A SCHOOL-WIDE BASIS OR FOR A SPECIFIC
CAREER AND TECHNICAL EDUCATION PROGRAM PROVIDED BY A SCHOOL
ENTITY BASED ON THE RECOMMENDATIONS OF DIRECTORS OF CAREER AND
TECHNICAL EDUCATION PROGRAMS UNDER 22 PA. CODE CH. 339 (RELATING
TO VOCATIONAL EDUCATION). THE RECOMMENDATIONS SHALL ACCOUNT FOR
THE LENGTH OF TIME A CAREER AND TECHNICAL CENTER WAS OPEN FOR
IN-PERSON STUDENT INSTRUCTION AND THE SUBJECT MATTER OF THE
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PROGRAM AFFECTED .
(II) THE SECRETARY OF EDUCATION SHALL WAIVE THE REQUIREMENT
TO INCLUDE PERFORMANCE DATA OTHERWISE REQUIRED UNDER SECTION
1123(B)(1)(II) IN A PROFESSIONAL EMPLOYE'S PERFORMANCE RATING
UNDER SECTION 1123.
(b) Beginning on the effective date of this subsection and
notwithstanding any other provision of law to the contrary, the
deadline by which any paraprofessional employed by a school
entity as of March 13, 2020, must satisfy staff development
activity hour requirements under 22 Pa. Code § 14.105 (relating
to personnel) shall be extended until June 30, 2021. This
subsection shall expire one year from the effective date of this
subsection.
(C) THE FOLLOWING PROVISIONS RELATING TO TESTING OF STUDENTS
SHALL APPLY:
(1) NOTWITHSTANDING SECTION 2604-B(B)(2)(V) OR 22 PA. CODE §
4.24 (RELATING TO HIGH SCHOOL GRADUATION REQUIREMENTS), 4.51
(RELATING TO STATE ASSESSMENT SYSTEM) OR 4.51C (RELATING TO
PROJECT-BASED ASSESSMENT), OR ANY STATUTE OR REGULATION TO THE
CONTRARY, THE USE OF THE KEYSTONE EXAMS AS A STATE OR LOCAL
GRADUATION REQUIREMENT OR AS A BENCHMARK FOR THE NEED FOR
PARTICIPATION IN A PROJECT-BASED ASSESSMENT SHALL BE DELAYED
UNTIL THE 2022-2023 SCHOOL YEAR.
(2) THE SECRETARY OF EDUCATION SHALL APPLY TO THE UNITED
STATES DEPARTMENT OF EDUCATION FOR A WAIVER OF THE TESTING AND
ACCOUNTABILITY REQUIREMENTS OF THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965 (PUBLIC LAW 89-10, 20 U.S.C. § 6301 ET
SEQ.), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (PUBLIC LAW
114-95, 129 STAT. 1802), IF THE UNITED STATES DEPARTMENT OF
EDUCATION PROVIDES AN OPPORTUNITY TO APPLY FOR SUCH A WAIVER FOR
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THE 2020-2021 SCHOOL YEAR .
(3) FOR THE 2019-2020 AND 2020-2021 SCHOOL YEARS AND ANY
SUBSEQUENT SCHOOL YEAR IN WHICH THE FEDERAL GOVERNMENT HAS
WAIVED THE TESTING AND ACCOUNTABILITY REQUIREMENTS OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, AS AMENDED BY
THE EVERY STUDENT SUCCEEDS ACT, ANY STUDENT WHO COMPLETED A
COURSE IN AN ACADEMIC CONTENT AREA ASSOCIATED WITH A KEYSTONE
EXAM SHALL NOT BE REQUIRED TO TAKE THE KEYSTONE EXAM RELATED TO
THAT COURSE AND SHALL BE DEEMED PROFICIENT FOR PURPOSES OF
SECTIONS 121 AND 2604-B(B)(2)(V) AND 22 PA. CODE § 4.24,
PROVIDED THE STUDENT DEMONSTRATES SUCCESSFUL COMPLETION OF
LOCALLY ESTABLISHED, GRADE-BASED REQUIREMENTS FOR THE ACADEMIC
CONTENT AREAS ASSOCIATED WITH EACH KEYSTONE EXAM.
(4) NOTWITHSTANDING THE PROVISIONS OF 22 PA. CODE § 4.4(D)
(3) (RELATING TO GENERAL POLICIES), A PARENT OR GUARDIAN OF A
STUDENT ENROLLED IN THE 2019-2020 OR 2020-2021 SCHOOL YEAR IN A
GRADE OR COURSE IN AN ACADEMIC CONTENT AREA FOR WHICH AN
ASSESSMENT IS TYPICALLY REQUIRED MAY ELECT TO OPT-OUT OF THE
ASSESSMENT. THE FOLLOWING SHALL APPLY:
(I) A PARENT OR GUARDIAN WHO ELECTS TO OPT-OUT OF AN
ASSESSMENT UNDER THIS PARAGRAPH SHALL NOT BE REQUIRED TO ADHERE
TO THE PROCEDURES SET FORTH UNDER 22 PA. CODE § 4.4(D)(4).
(II) WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, A SCHOOL ENTITY SHALL NOTIFY ITS STUDENTS AND THEIR
PARENTS OR GUARDIANS THAT THE PARENTS OR GUARDIANS MAY OPT-OUT
OF AN ASSESSMENT UNDER THIS PARAGRAPH.
(III) A PARENT OR GUARDIAN OF A STUDENT WHO ELECTS TO OPT-
OUT OF AN ASSESSMENT UNDER THIS PARAGRAPH SHALL NOTIFY A SCHOOL
ENTITY IN WRITING OF THE DECISION TO OPT-OUT OF THE ASSESSMENT.
(IV) A SCHOOL ENTITY MAY NOT IMPOSE NEGATIVE CONSEQUENCES ON
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A STUDENT, INCLUDING, BUT NOT LIMITED TO, THE DENIAL OF A HIGH
SCHOOL DIPLOMA, BASED SOLELY ON THE DECISION OF THE STUDENT'S
PARENT OR GUARDIAN TO OPT-OUT OF AN ASSESSMENT UNDER THIS
PARAGRAPH.
(V) A SCHOOL ENTITY OR AN EMPLOYE OF THE SCHOOL ENTITY MAY
NOT ENCOURAGE A PARENT OR GUARDIAN OF A STUDENT TO OPT-OUT OF AN
ASSESSMENT UNDER THIS PARAGRAPH OR PENALIZE A STUDENT OR THE
STUDENT'S PARENT OR GUARDIAN FOR OPTING-OUT OF AN ASSESSMENT
UNDER THIS PARAGRAPH. NOTHING IN THIS SUBPARAGRAPH SHALL BE
CONSTRUED TO PROHIBIT A SCHOOL ENTITY OR AN EMPLOYE OF THE
SCHOOL ENTITY FROM COMMUNICATING WITH STUDENTS OR THEIR PARENTS
OR GUARDIANS REGARDING THE OPTION TO OPT-OUT OF AN ASSESSMENT
UNDER THIS PARAGRAPH.
(VI) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM
"ASSESSMENT" SHALL INCLUDE THE PENNSYLVANIA SYSTEM OF SCHOOL
ASSESSMENT TEST , A KEYSTONE EXAM OR A TEST ESTABLISHED BY
STATUTE, REGULATION OR THE STATE BOARD OF EDUCATION IN
ACCORDANCE WITH SECTION 2603-B OR 2604-B, 22 PA. CODE § 4.51 OR
THE EVERY STUDEN T SUCCEEDS ACT (PUBLIC LAW 114-95, 129 STAT.
1802).
SECTION 1361.1. NONPUBLIC SCHOOL TRANSPORTATION FOR 2020-
2021 SCHOOL YEAR.--(A) ALTHOUGH THE CURRENT PROVISIONS OF
SECTION 1361 REQUIRE SCHOOL DISTRICTS TO PROVIDE FOR THE
TRANSPORTATION OF STUDENTS ENROLLED IN NONPUBLIC SCHOOLS NOT
OPERATED FOR PROFIT, THE PURPOSE OF THIS SECTION IS TO CLARIFY
THE CURRENT PROVISIONS OF THIS ARTICLE RELATING TO THE
TRANSPORTATION OF THE STUDENTS DURING THE 2020-2021 SCHOOL YEAR
DURING THE COVID-19 DISASTER EMERGENCY.
(B) AS IT RELATES TO THE PROVISION OF TRANSPORTATION FOR
NONPUBLIC SCHOOLS FOR THE 2020-2021 SCHOOL YEAR, IF
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TRANSPORTATION WAS PROVIDED DURING THE 2019-2020 SCHOOL YEAR FOR
PUPILS OF NONPUBLIC SCHOOLS UNDER SECTION 1361(1), THE BOARD OF
SCHOOL DIRECTORS SHALL PROVIDE PUPILS OF NONPUBLIC SCHOOL
TRANSPORTATION ON THE DATES AND PERIODS THAT THE NONPUBLIC
SCHOOL IS IN SESSION ACCORDING TO THE SCHOOL CALENDAR OFFICIALLY
ADOPTED BY THE NONPUBLIC SCHOOL WHETHER OR NOT TRANSPORTATION IS
PROVIDED ON THOSE DATES AND PERIODS TO STUDENTS ATTENDING
SCHOOLS OF THE DISTRICT.
(C) 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:
"COVID-19 DISASTER EMERGENCY." THE PROCLAMATION OF DISASTER
EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT
50 PA.B. 1644 (MARCH 21, 2020), AND ANY RENEWAL OF THE
PROCLAMATION OF DISASTER EMERGENCY.
SECTION 4. SECTION 1409 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1409. CONFIDENTIALITY, TRANSFERENCE AND REMOVAL OF
HEALTH RECORDS.--* * *
(D) THE FOLLOWING APPLY:
(1) THE DEPARTMENT OF HEALTH OR THE LOCAL BOARD OR
DEPARTMENT OF HEALTH SHALL REPORT TO A SCHOOL ENTITY ANY
POSITIVE OR PRESUMPTIVE CASE OF COVID-19 THAT OCCURS IN A
STUDENT OR AN EMPLOYEE OF A SCHOOL ENTITY, IN A PROVIDER OF
SERVICES OR CONTRACTOR WHO WORKS AT THE SCHOOL ENTITY OR IN AN
INDIVIDUAL WHO VOLUNTEERS AT THE SCHOOL ENTITY, INCLUDING ANY
INDIVIDUAL WHO COACHES OR ADVISES AN EXTRACURRICULAR ACTIVITY
SPONSORED BY THE SCHOOL ENTITY. WITHIN TWENTY-FOUR (24) HOURS OF
RECEIPT OF THE INFORMATION OF A POSITIVE CASE OF COVID-19 IN AN
EMPLOYEE, A STUDENT, A CONTRACTOR OR A VOLUNTEER OF THE SCHOOL
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ENTITY UNDER THIS PARAGRAPH, THE SCHOOL ENTITY SHALL NOTIFY
EMPLOYEES, CONTRACTORS, VOLUNTEERS AND THE PARENTS OF THE
STUDENTS WHO WORK, VOLUNTEER OR RECEIVE INSTRUCTION IN THE SAME
SCHOOL BUILDING OR ON THE SAME SCHOOL PROPERTY AS THE COVID-19-
POSITIVE EMPLOYEE, CONTRACTOR, VOLUNTEER OR STUDENT OF THE
EXISTENCE OF THE COVID-19-POSITIVE EMPLOYEE, CONTRACTOR,
VOLUNTEER OR STUDENT. THE SCHOOL ENTITY SHALL PROVIDE
EDUCATIONAL SUPPORT TO STUDENTS WHO ARE NOT PERMITTED TO RECEIVE
INSTRUCTION AT THE SCHOOL ENTITY DUE TO A POSITIVE OR
PRESUMPTIVE CASE OF COVID-19 WITHIN THE SCHOOL ENTITY.
(2) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS PARAGRAPH:
"COVID-19" MEANS THE NOVEL CORONAVIRUS AS IDENTIFIED IN THE
PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON
MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020), AND
ANY RENEWAL OF THE STATE OF DISASTER EMERGENCY.
"LOCAL BOARD OR DEPARTMENT OF HEALTH" HAS THE MEANING GIVEN
IN SECTION 2(F) OF THE ACT OF APRIL 23, 1956 (1955 P.L.1510,
NO.500), KNOWN AS THE "DISEASE PREVENTION AND CONTROL LAW OF
1955."
" SCHOOL ENTITY" MEANS ANY SCHOOL DISTRICT, INTERMEDIATE UNIT,
CAREER AND TECHNICAL CENTER, CHARTER SCHOOL, REGIONAL CHARTER
SCHOOL, CYBER CHARTER SCHOOL, PRIVATE OR NONPUBLIC SCHOOL.
Section 2 3 5. This act shall take effect immediately. AS
FOLLOWS:
(1) THE AMENDMENT OF SECTION 1202.1(A) SHALL TAKE EFFECT
IN 60 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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