Regular Session 2019-2020 Senate Bill 1216 P.N. 1950

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.

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.

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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