PRINTER'S NO. 212
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
244
Session of
2021
INTRODUCED BY YOUNG, HARRIS, SANCHEZ, CIRESI, HILL-EVANS,
NEILSON, N. NELSON, GUENST AND CEPHAS, JANUARY 25, 2021
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 25, 2021
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 pupils and attendance, providing
for school building closure requirements.
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 1311.1. School Building Closure Requirements.--(a)
A school entity may close a school voluntarily, through
nonrenewal or through revocation as provided under section 1729-
A. Notice of a school entity's closure of a school for any
reason must be provided by the authorizing entity to the
Department of Education. After receiving notification of
closure, the department shall notify the school entity and the
authorizing entity if it is aware of any liabilities the school
entity owes the Commonwealth or any other entity. Liabilities
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may include overpayment of tuition, unpaid revolving fund loans
or grants or other liabilities. The department may ask the
Auditor General or city controller of a city of the first class
to conduct an audit of the school entity if it has reason to
believe that the school entity received State funding for which
it was not eligible. The notice of the school entity shall
include an accounting of the following:
(1) Financial assets, including cash and accounts receivable
and an inventory of property, equipment and other items of
material value.
(2) Liabilities, including accounts payable, unpaid staff
compensation, audit findings or other investigations.
(3) An assessment of the disposition of any restricted funds
received by or due to the school entity.
(b) If the school entity is supported by a nonprofit
foundation and the foundation does not have any other functions
than operation of the school entity, the foundation shall be
dissolved according to its bylaws. Upon closure of the
foundation, assets of the foundation shall be distributed
according to the foundation's bylaws . If the bylaws of the
foundation don't provide for distribution of assets or if assets
remain, the remaining assets shall be distributed on a
proportional basis to school districts with students enrolled in
the school for the last full or partial school year of the
school.
(c) (1) The school entity shall send notice of its closure
of a school to parents or guardians of students, the authorizing
entity and the department. Notice must be received by the
department within fifteen (15) calendar days of any official
action taken by the authorizing entity. Notification of each of
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the required parties shall include at least the following:
(i) The effective date of the closure.
(ii) The name and contact information for the person
handling inquiries regarding the closure.
(iii) The students' school districts of residence.
(iv) How parents or guardians may obtain copies of student
records, including specific information on completed courses and
credits that meet graduation requirements.
(2) The notification to the department shall include a
description of the circumstances of the closure and the location
of student and personnel records. Notification to parents,
guardians and students shall include information on how to
transfer the student to an appropriate school and a certified
packet of student information that may include grade reports,
discipline records, immunization records and any other
appropriate information.
(3) The school entity shall publish notice of its closure of
a school in a newspaper of general circulation in each school
district that may be responsible for providing education
services to the former students of the closing school and on the
school entity's publicly accessible Internet website.
(d) The school entity or authorizing entity shall announce
the closure of a school to school districts that may be
responsible for providing education services to the former
students of the closing school. The districts shall assist in
facilitating student transfers.
(e) School closures shall occur at the end of an academic
year if it is feasible to maintain a legally compliant program
until the end of the academic year. If a conversion charter
school is reverting to noncharter status, notification of the
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reversion shall be made to each party required under this
section.
Section 2. This act shall take effect in 60 days.
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