Regular Session 2021-2022 House Bill 0365 P.N. 3568

SENATE AMENDED

PRIOR PRINTER'S NO. 337

PRINTER'S NO. 3568

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

365

Session of

2021

INTRODUCED BY HARKINS, GALLOWAY, SAMUELSON, SANCHEZ, FREEMAN,

HILL-EVANS, SCHLEGEL CULVER, KINSEY, McNEILL, SCHLOSSBERG,

MALAGARI, NEILSON, BRIGGS, LONGIETTI, SCHWEYER, FRANKEL,

CIRESI, HOWARD, DELLOSO, McCLINTON, ROZZI, JOZWIAK,

PISCIOTTANO, N. NELSON, PARKER, MERSKI AND T. DAVIS,

FEBRUARY 3, 2021

SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS

AMENDED, OCTOBER 18, 2022

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, FURTHER

PROVIDING FOR ACTUAL COST OF TUITION AND MAINTENANCE OF

CERTAIN EXCEPTIONAL CHILDREN IN THE FOUR CHARTERED SCHOOLS

FOR EDUCATION OF THE DEAF AND THE BLIND; MAKING A REPEAL; AND

making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 502 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, amended October

30, 2019 (P.L.460, No.76), is amended to read:

SECTION 1. SECTIONS 502, 925(F), 923.2-A, 1328, 1338 AND

1376(A) OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS

THE PUBLIC SCHOOL CODE OF 1949, ARE AMENDED TO READ:

Section 502. Additional Schools and Departments.--In

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addition to the elementary public schools, the board of school

directors in any school district may establish, equip, furnish,

and maintain the following additional schools or departments for

the education and recreation of persons residing in said

district, and for the proper operation of its schools, namely:--

High schools,

Trade schools,

Career and technical schools,

Cafeterias,

Agricultural schools,

Evening schools,

Kindergartens,

Libraries,

Museums,

Reading-rooms,

Gymnasiums,

Playgrounds,

Schools for [physically and mentally handicapped] children

with physical or mental disabilities ,

Truant schools,

Parental schools,

Schools for adults,

Public lectures,

Such other schools or educational departments as the

directors, in their wisdom, may see proper to establish.

Said additional schools or departments, when established,

shall be an integral part of the public school system in such

school district and shall be so administered.

No pupil shall be refused admission to the courses in these

additional schools or departments, by reason of the fact that

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his elementary or academic education is being or has been

received in a school other than a public school.

Section 2. Sections 925(f), 923.2-A, 1328, 1338, 1376(a),

1377, 1377.1, 1379, 1502-E(b) and 2108 of the act are amended to

read:

Section 925. Powers and Duties.--

(f) (1) Any county board of school directors may make

contracts of insurance with any insurance company, or nonprofit

hospitalization corporation, or nonprofit medical service

corporation, authorized to transact business within the

Commonwealth, insuring its employes, their spouses and

dependents and retired employes under a policy or policies of

group insurance covering life, health, hospitalization medical

service, or accident insurance, and for such purposes may agree

to pay part or all of the premiums or charges for carrying such

contracts, and may include the cost of such charges in its

estimate of the cost of operating and administering classes or

schools for [handicapped and institutionalized] children with

physical or mental disabilities to be operated by the county

board during the ensuing school year. No contract or contracts

of insurance authorized by this section shall be purchased from

or through any person employed by the county board in a teaching

or administrative capacity.

(2) The county board of school directors is hereby

authorized to deduct from the employe's pay, salary, or

compensation, such part of the premium as is payable by the

employe and as may be so authorized by the employe in writing.

(3) All contracts procured hereunder shall conform and be

subject to all the provisions of any existing or future laws

concerning group insurance contracts.

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Section 923.2-A. Visual Services.--(a) Legislative Finding;

Declaration of Policy. [Defects] Impairments in vision are

health-related. It is today recognized that the diagnosis and

evaluation of those [defects] impairments and the rendering of

instruction in skills appropriate for the education, safety and

independence of children afflicted by visual impairments are

closely related to their physical, mental and emotional health.

Such services can best be rendered upon the premises of the

school which the child regularly attends and forcing children to

go to other premises in order to have such needed services is

found by the General Assembly to be both inadequate and harmful.

The General Assembly expressly finds and declares diagnostic,

evaluative and instructional services for such children to be

health services and it is the intention of the General Assembly

now to make these available, on a general and even-handed basis

to all school children in the Commonwealth.

(b) Definitions. As used in this section:

"Nonpublic school" means any nonprofit school, other than a

public school within the Commonwealth of Pennsylvania, wherein a

resident of the Commonwealth may legally fulfill the compulsory

school attendance requirements and which meets the requirements

of Title VI of the Civil Rights Act of 1964 (Public Law 88-352).

"Visual services" means diagnostic, evaluative and

instructional visual services for children.

directly or through the intermediate units out of their

allocation under section 922.1-A shall have the power and duty

to furnish free to nonpublic school students, upon the premises

of the nonpublic schools which they regularly attend, services

adequate for the diagnosis and evaluation of visual [defects]

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impairments and instruction and training in skills advisable for

the education, independence and safety of such children,

including but not limited to mobility training, provided that

such services are also afforded to public school students by the

public school district in which such nonpublic school is

located.

Section 1328. Compulsory Education of Children with Physical

[Defectives] Impairments.--Every parent, guardian, or other

person, having control or charge of any child of compulsory

school age who is deaf or blind, [or is so crippled,] or whose

hearing or vision is so [defective] impaired as to make it

impracticable to have such child educated in the public schools

of the district in which he is a resident, shall allow such

child to be sent to some school where proper provision is made

for the education of the deaf, or of the blind, [or of crippled

children,] or shall provide for the tuition of such child by a

legally certified private tutor.

Section 1338. Dependent Children.--In case any child of

compulsory school age cannot be kept in school in compliance

with the provisions of this act, on account of incorrigibility,

truancy, insubordination, or [other bad] inappropriate conduct,

or if the presence of any child attending school is detrimental

to the welfare of such school, on account of incorrigibility,

truancy, insubordination, or [other bad] inappropriate conduct,

the board of school directors may, by its superintendent,

secretary, attendance officer or State, municipal, port

authority, transit authority or housing authority police

officer, under such rules and regulations as the board may

adopt, proceed against said child before the juvenile court, or

otherwise, as is now or may hereafter be provided by law for

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incorrigible, truant, insubordinate, or dependent children.

Section 1376. Cost of Tuition and Maintenance of Certain

Exceptional Children in Approved Institutions.--(a) When any

child between school entry age and twenty-one (21) years of age

and resident in this Commonwealth, who is blind or deaf, or has

cerebral palsy and/or neurological impairment and/or muscular

dystrophy and/or is [mentally retarded] intellectually disabled

and/or has a serious emotional [disturbance] disability and/or

has autism/pervasive developmental disorder and is enrolled,

with the approval of the Department of Education, as a pupil in

an approved private school approved by the Department of

Education, in accordance with standards and regulations

promulgated by the State Board of Education, the school district

in which such child is resident or, for students placed by a

charter school, the charter school in which the student was

enrolled shall pay the greater of either twenty per centum (20%)

of the actual audited cost of tuition and maintenance of such

child in such school, as determined by the Department of

Education, or its "tuition charge per elementary pupil" or its

"tuition charge per high school pupil," as calculated pursuant

to section 2561, and the Commonwealth shall pay, out of funds

appropriated to the department for special education, the

balance due for the costs of such child's tuition and

maintenance, as determined by the department. For the school

years 1989-1990, 1990-1991 and 1991-1992, the school district

payment shall be no greater than forty percent (40%) of the

actual audited costs of tuition and maintenance of such child in

such school. For the 1992-1993 school year through the 2003-2004

school year, the school district or charter school payment shall

be the greater of forty percent (40%) of the actual audited

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costs of tuition and maintenance of such child in such school,

as determined by the Department of Education, or its "tuition

charge per elementary pupil" or its "tuition charge per high

school pupil," as calculated pursuant to section 2561, and the

Commonwealth shall pay, out of funds appropriated to the

department for approved private schools, the balance due for the

costs of such child's tuition and maintenance, as determined by

the department. For the 2004-2005 school year and each school

year thereafter, the school district or charter school payment

shall be the greater of forty percent (40%) of the approved

tuition rate as established pursuant to subsection (c.3) or

(c.5) or the school district or charter school's "tuition

charges per elementary pupil" or "tuition charges per secondary

pupil" as calculated under section 2561, and the Commonwealth

shall pay out of funds appropriated to the department for

approved private schools the balance of the approved tuition

rate due for the cost of such child's tuition and maintenance.

The department will credit the district of residence with

average daily membership for such child consistent with the

rules of procedure developed in accordance with section 2501. If

the residence of such child in a particular school district

cannot be determined, the Commonwealth shall pay the whole cost

of tuition and maintenance of such child as established under

subsection (c.3) or (c.5).

* * *

SECTION 2. SECTION 1376.1(B.2) OF THE ACT IS AMENDED BY

ADDING A PARAGRAPH TO READ:

SECTION 1376.1. ACTUAL COST OF TUITION AND MAINTENANCE OF

CERTAIN EXCEPTIONAL CHILDREN IN THE FOUR CHARTERED SCHOOLS FOR

EDUCATION OF THE DEAF AND THE BLIND.--* * *

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(B.2) PAYMENTS ARE AS FOLLOWS:

* * *

(4) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF EDUCATION

FOR PENNSYLVANIA CHARTERED SCHOOLS FOR DEAF AND BLIND CHILDREN

FOR THE 2022-2023 FISCAL YEAR, THE AMOUNT OF $1,000,000 SHALL BE

USED FOR CAPITAL-RELATED COSTS AND DEFERRED MAINTENANCE TO BE

DIVIDED EQUALLY BETWEEN EACH CHARTERED SCHOOL FOR EDUCATION OF

THE DEAF AND THE BLIND.

* * *

SECTION 3. SECTIONS 1377, 1377.1, 1379, 1502-E(B), 2108,

2501(11), 2509(B), 2517(E) AND 2541(B)(3) OF THE ACT ARE AMENDED

TO READ:

Section 1377. Payment of Cost of Tuition and Maintenance of

Certain Exceptional Children.--(a) To facilitate payments by

the several school districts to the schools or institutions in

which children who are deaf or blind, or cerebral palsied and/or

brain damaged and/or muscular dystrophied, or socially and

emotionally [disturbed] disabled or [mentally retarded children]

intellectually disabled are enrolled, of amounts due by such

districts for their proportion of the cost of tuition and

maintenance of such children, the Secretary of Education shall

withhold from any moneys due to such districts out of any State

appropriation for the assistance as reimbursement of school

districts, the amounts due by such districts to such schools or

institutions for the blind or the deaf, or the cerebral palsied

and/or brain damaged and/or muscular dystrophied or the socially

and emotionally [disturbed] disabled and/or [mentally retarded]

intellectually disabled . Amounts so withheld shall be

specifically appropriated to the Department of Education.

(b) Payments of the Commonwealth's proportion of the cost of

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tuition and maintenance of pupils who are blind or deaf, or

cerebral palsied and/or brain damaged and/or muscular

dystrophied, or socially and emotionally [disturbed] disabled

and/or [mentally retarded pupils] intellectually disabled and

are enrolled in schools or institutions for the blind or for the

deaf, or for the cerebral palsied and/or brain damaged and/or

muscular dystrophied, or for the socially and emotionally

[disturbed] disabled and of the cost of instruction of parents

of blind pupils less than school entry age, as hereinbefore

provided, shall be made quarterly, out of moneys appropriated to

the Department of Education for special education. Except for

the provisions of section 1376.1 providing for the actual cost

of tuition and maintenance of certain exceptional children in

the four chartered schools for education of the deaf and of the

blind, in no event shall the total payment for the cost of

tuition and maintenance of any such child exceed the rates per

year allowed under section 1376. The maximum amount payable for

the cost of tuition and maintenance of such children shall be

subject to review at least once every two years for the purpose

of recommending an adjustment thereof.

to determine from time to time what amounts are due to schools

for the blind or for the deaf or for the cerebral palsied and/or

brain damaged and/or muscular dystrophied or for the socially

and emotionally [disturbed] disabled and/or [mentally retarded]

intellectually disabled hereunder, such schools shall forward to

the department, at such times and in such form as the department

shall prescribe, sworn statements setting forth the names, ages,

and residences of all pupils enrolled hereunder, specifying the

school districts liable for a part of the cost of tuition and

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maintenance of any such pupils, the per capita cost of and

maintenance of pupils, and such other information as the

department shall require.

For the purpose of providing adequate administration of the

program and to carry out the preaudit functions authorized in

section 1376(a), one-half of one percent (.50%) of the total

appropriations for approved private schools from all funds shall

be allocated to the Department of Education.

(d) When, during the course of the 1982-1983 school year,

programs for exceptional children are caused to be transferred

from schools or institutions for the blind or deaf, or cerebral

palsied or brain damaged or muscular dystrophied or [mentally

retarded] intellectually disabled , or socially and emotionally

[disturbed] disabled, as provided for in sections 1376 and

1376.1, to school districts or intermediate units, as provided

for in sections 2509 and 2509.1, under unanticipated or

emergency circumstances, and when such transfers necessitate the

transfer of funds from the appropriation to the Department of

Education for special education for approved private schools to

the appropriation to the Department of Education for payments on

account of special education of exceptional children in public

schools, the Secretary of Education shall be empowered so to

transfer such funds, upon approval of the Secretary of the

Budget and written notification to the State Treasurer and the

chairmen of the House and Senate Appropriations and Education

Committees.

Section 1377.1. Transfer of Funds for Transferal Programs.--

When, during the course of a school year or after the end of a

school year, programs for exceptional children are caused to be

transferred from schools or institutions for the blind or deaf,

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or cerebral palsied or brain damaged or muscular dystrophied or

[mentally retarded] intellectually disabled , or socially and

emotionally [disturbed] disabled, as provided for in sections

1376 and 1376.1, to school districts or intermediate units, as

provided for in sections 2509 and 2509.1, and when such

transfers necessitate the transfer of funds from the

appropriation to the Department of Education for special

education for approved private schools to the appropriation to

the Department of Education for payments on account of special

education of exceptional children in public schools, the

Secretary of Education shall be empowered to transfer such

funds, upon approval of the Secretary of the Budget and written

notification to the State Treasurer and the chairmen of the

House and Senate Appropriations and Education Committees.

Section 1379. Children Under Six with [Defective] Impaired

Hearing; Parent or Guardian Advised of Schools, etc.--Whenever

notified by the Department of Health of the case of a minor

under six (6) years of age, who is totally deaf or whose hearing

is impaired, the Superintendent of Public Instruction, when in

his judgment the same is deemed desirable, shall communicate to

the parent or guardian the location of any special schools, and

also the nearest public school having special classes for the

instruction of the hard of hearing, with the information

concerning the advantages offered by such school or classes, the

benefits to accrue to the child from attending such school or

classes, and the manner in which the expenses of such

instruction will be provided for.

Section 1502-E. Character education program.

* * *

(b) Curriculum contents.--The program may include and teach

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the following basic civil values and character traits:

(1) Trustworthiness, including honesty, integrity,

reliability and loyalty.

(2) Respect, including regard for others, tolerance and

courtesy.

(3) Responsibility, including hard work, economic self-

reliance, accountability, diligence, perseverance and self-

control.

(4) Fairness, including justice, consequences of [bad]

inappropriate behavior, principles of nondiscrimination and

freedom from prejudice.

(5) Caring, including kindness, empathy, compassion,

consideration, generosity and charity.

(6) Citizenship, including love of country, concern for

the common good, respect for authority and the law and

community mindedness.

* * *

Section 2108. Qualifications of Principals and Teachers.--

The board of public education in each school district of the

first class shall prescribe the mode or modes of determining the

qualifications of applicants for positions as principals or

teachers in the schools of the district, and shall designate the

kinds or grades of teachers' certificates which may or shall be

used in the district, together with the scholastic,

professional, and personal qualifications required for each kind

or grade of certificate.

No certificate shall be granted to any person who is not of

good moral character, or to any person who shall not first have

presented a certificate, from a physician recognized by the

board of public education as competent for the purpose, setting

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forth that said applicant is neither mentally nor physically

disqualified by reason of tuberculosis, or any other chronic or

acute physical [defect] impairment, from successfully performing

the duties of a teacher.

Section 3. Section 2501(11) of the act, amended October 30,

2019 (P.L.460, No.76), is amended to read:

Section 2501. Definitions.--For the purposes of this article

the following terms shall have the following meanings:

* * *

(11) "Actual Instruction Expense Per Elementary Teaching

Unit, Actual Instruction Expense Per Elementary Teaching Unit in

a Laboratory School of a State-owned College, Actual Instruction

Expense Per Secondary Teaching Unit, Actual Instruction Expense

Per Secondary Teaching Unit in a Laboratory School of a State-

owned College, Actual Instruction Expense Per Joint Elementary

Teaching Unit, Actual Instruction Expense Per Joint Secondary

Teaching Unit, Actual Instruction Expense Per Area Technical

School Teaching Unit." In 1958 in the month of September and

thereafter annually in the month of September, the Department of

Education shall calculate for each school district for the

immediately preceding school year the actual instruction expense

per elementary teaching unit for elementary pupils educated in

the district's public schools, the actual instruction expense

per secondary teaching unit for secondary pupils educated in the

district's public schools, the actual instruction expense per

joint elementary teaching unit for elementary pupils educated in

elementary schools of jointures of which the district is a

member, the actual instruction expense per joint secondary

teaching unit for secondary pupils educated in secondary schools

of jointures of which the district is a member, the actual

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instruction expense per area technical school teaching unit for

pupils educated in area technical schools in which the district

participates, the actual instruction expense per elementary

teaching unit for elementary pupils residing in the district and

educated in the public schools of other districts within the

Commonwealth, and the actual instruction expense per secondary

teaching unit for secondary pupils residing in the district and

educated in the public schools of other districts within the

Commonwealth. In each case, actual instruction expense per

teaching unit shall be the sum of (i) and (ii) below but in no

case shall include expenses for debt service, capital outlay,

rentals of capital facilities and equipment, salaries and

expenses for school nurses, for medical and dental services, for

driver education courses, for reimbursable transportation of

pupils, for tuition paid to other school districts, for

reimbursable board and lodging in lieu of transportation, for

salaries of directors and supervisors of special education,

public school psychologists, principals of special schools and

assistants, teachers of approved special classes for [physically

and mentally handicapped] children with physical or mental

disabilities, clerks and assistants employed in programs for

special education, for school district contributions to the

retirement fund on behalf of directors and supervisors of

special education, public school psychologists, principals of

special schools and assistants, teachers of approved special

classes for [physically and mentally handicapped] children with

physical or mental disabilities, clerks and assistants employed

in programs for special education, for the cost of textbooks and

supplies of the second class used in special education classes

or schools, for extension schools and classes, for extension

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recreation activities, for career and technical extension

education, or for instruction of homebound children. (i)

Expenses of general control per teaching unit. Expenses of

general control shall include: salaries, supplies and other

expenses of the secretary's office; commission or salary of

treasurer, tax collector, auditors and legal service; expenses

of census enumeration and other expenses of business

administration; salaries of the superintendent of schools and

clerks of the superintendent of schools; expenses of supplies

and other expenses of the superintendent of schools' office; and

other expenses of general control. In the case of computation of

actual instruction expense per elementary teaching unit for

district pupils educated in the schools of the district and for

district pupils educated in the public schools of other

districts within the Commonwealth and actual instruction expense

per secondary teaching unit for district pupils educated in the

schools of the district and for district pupils educated in the

public schools of other districts within the Commonwealth,

expenses of general control per teaching unit shall be

calculated by dividing the foregoing listed expenses of general

control of the school district by the number of teaching units

based on the number of all pupils who are residents of the

school district and are in average daily membership in the

public schools of the Commonwealth. In the case of computation

of actual instruction expense per joint elementary teaching unit

and actual instruction expense per joint secondary teaching

unit, expenses of general control per teaching unit shall be

calculated by dividing the foregoing listed expenses of general

control of the school district by the number of teaching units

based on the number of all pupils who are residents of the

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school district and are in average daily membership in the

public schools of the Commonwealth, and adding thereto the

quotient obtained by dividing the foregoing listed expenses of

general control of the joint school district by the number of

joint teaching units based on the number of pupils who are

residents of school districts that are members of the joint

school district and are in average daily membership in the

schools of the joint school district. In the case of computation

of actual instruction expense per area technical school teaching

unit, expenses of general control per teaching unit shall be

computed by dividing the foregoing listed expenses of general

control of the school district by the number of teaching units

based on the total number of all pupils who are residents of the

school district and are in average daily membership in the

public schools of the Commonwealth, and adding thereto the

quotient obtained by dividing the foregoing listed expenses of

general control of the area technical school by the number of

area technical school teaching units based on the number of

pupils who are residents of districts participating in the area

technical school and are in average daily membership in the area

technical school. (ii) Expenses of the school district, joint

school district, area technical school, or such other school

district within the Commonwealth in which the districts' pupils

are educated, as the case may be, on account of instruction,

auxiliary agencies and coordinate activities, operation of

school plant, maintenance of school plant, and fixed charges,

and each separately for elementary and for secondary schools,

per teaching unit, calculated by dividing the sums of (a), (b),

(c), (d), and (e) below by the numbers of elementary, secondary,

joint elementary, joint secondary, and area technical school

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teaching units, respectively, based on the number of all pupils

on an equivalent full-time basis in average daily membership in

the public schools of the district, or joint district, or the

area technical school, or other school district within the

Commonwealth in which pupils of the district are educated, as

the case may be; (a) expenses of instruction, to include

salaries of supervisors and other expenses of supervisors,

salaries of principals and principals' clerks, supplies of the

principals' offices, other expenses of supervision, teachers'

and teacher-librarians, salaries, textbooks, library books,

supplies used in instruction including library supplies,

expenses of attending teachers' institutes, commencement

exercise and exhibit expenses, and other expenses of

instruction, (b) expenses of auxiliary agencies and coordinate

activities, to include salaries, books, repairs, replacements,

and other expenses of public libraries, and non-reimbursable

transportation and board and lodging in lieu of transportation,

and provisions for tubercular and undernourished children,

community lectures, social centers and recreation, enforcement

of attendance, and other expenses of auxiliary agencies and

coordinate activities, (c) expenses of operation of school

plant, to include wages of janitors and other employes, fuel,

water, light, power, janitors' supplies, care of grounds,

services other than personal, telephone rental, and other

expenses of operation, (d) expenses of maintenance of school

plant, to include upkeep of grounds, repair of buildings,

repairs and replacements, heating, plumbing, lighting, apparatus

used in instruction, furniture, and other equipment, (e)

expenses of fixed charges, to include payments made to the

retirement board, rent, all insurance, and other fixed charges:

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Provided, That the actual instruction expense for elementary

teaching unit for district pupils educated in the elementary

grades of a laboratory school of a State-owned college and the

actual instruction expenses for secondary teaching unit for

district pupils educated in the high school grades of a

laboratory school of a State-owned college shall be computed by

(i) dividing the total amount of money paid to the State-owned

college by the resident district for the education of all

resident elementary children enrolled in a laboratory school of

a State-owned college by the number of such elementary teaching

units based on the total number of such resident children in

average daily membership in the laboratory school, (ii) dividing

the total amount of money paid to the State-owned college by the

resident district for the education of all resident secondary

children enrolled in a laboratory school of a State-owned

college by the number of such secondary teaching units based on

the total number of such resident children in average daily

membership in the laboratory school. The teaching units are

computed on the basis of thirty (30) equivalent full time

elementary children and twenty-two (22) equivalent full time

secondary children.

* * *

Section 4. Sections 2509(b), 2517(e) and 2541(b)(3) of the

act are amended to read:

Section 2509. Payments on Account of Courses for Exceptional

Children.--* * *

(b) To find the "instruction cost per special class pupil,"

add (1) salaries of directors and supervisors of special

education, public school psychologists, principals of special

schools and assistants, teachers of approved special classes for

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exceptional children, clerks and assistants employed in the

district's program for special education, (2) the district's

contribution to the retirement fund on behalf of directors and

supervisors of special education, public school psychologists,

principals of special schools and assistants, teachers of

approved special classes for exceptional children, clerks and

assistants employed in the district's program for special

education, (3) the cost of textbooks and supplies of the second

class used in the district's special education classes or

schools, (4) the cost of telephonic system equipment which

enables [handicapped] children with physical or mental

disabilities to remain in their homes and still participate in

classroom activities. Divide the sum of (1), (2), (3), and (4)

on that part thereof which is approved by the Department of

Education for reimbursement by the total number of pupils,

including those pupils who have available for use telephonic

system equipment whereby they may remain at home and still

participate in classroom activities, in average daily membership

in the district's approved special classes for exceptional

children. The quotient so obtained shall be the "instruction

cost per special class pupil."

* * *

Section 2517. Payments.--* * *

(e) The Secretary of Education, with the approval of the

Governor, may make basic education funding allocation payments

to school districts, in advance of the dates set forth in this

section to school districts which are financially [handicapped]

burdened, when the secretary deems it necessary to enable the

school district to keep their public schools open.

Section 2541. Payments on Account of Pupil Transportation.--

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* * *

(b) Such payments for pupil transportation shall be made in

the following cases:

* * *

(3) To all school districts, for the transportation of

[physically or mentally handicapped] children with physical or

mental disabilities regularly enrolled in special classes

approved by the Department of Education or enrolled in a regular

class in which approved educational provisions are made for

them.

* * *

SECTION 4. REPEALS ARE AS FOLLOWS:

(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER

PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF

SECTION 1376.1(B.2)(4) OF THE ACT.

(2) SECTION 1723-F.1(5)(II) OF THE ACT OF APRIL 9, 1929

(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, IS REPEALED.

SECTION 5. THE ADDITION OF SECTION 1376.1(B.2)(4) OF THE ACT

AND THE REPEAL UNDER SECTION 4 OF THIS ACT SHALL APPLY

RETROACTIVELY TO JULY 1, 2022.

Section 5 6. This act shall take effect in 60 days.

20210HB0365PN3568 - 20 -

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