19490014ua

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.

 

 

Compiler's Note:  Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."

Section 23 of Act 18 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school."

Section 62 of Act 76 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school."

19490014uc

 

TABLE OF CONTENTS

 

ARTICLE I

PRELIMINARY PROVISIONS

 

Section 101.  Short Title and Effective Date.

Section 102.  Definitions.

Section 103.  Excluded Provisions.

Section 104.  Saving Clause.

Section 105.  Right of Appeal Saved.

Section 106.  Publication of Notices, etc.; Proofs of Publication.

Section 107.  Compensation for Services or Additional Services.

Section 108.  Religious or Political Tests, etc., Prohibited.

Section 109.  Disposition of Fines.

Section 110.  Official Visitors Access to Public Schools.

Section 111.  Criminal History of Employes and Prospective Employes; Conviction of Certain Offenses.

Section 111.1. Employment History Review.

Section 111.2. Electronic Public Safety and Criminal Justice Information.

Section 112.  Report of Racial and Ethnic Groupings (Repealed).

Section 113.  Study of Public Schools that Provide Internet Instruction (Repealed).

Section 114.  Report of Graduate Rates for Certain Colleges and Universities.

Section 115.  Optometric Externs.

Section 116.  Technical Assistance and Information Provided by Department of Education.

Section 117.  Prohibition of Certain Regulations for the 2008-2009 Fiscal Year.

Section 118.  Collection of Identifying Information of Students Attending Institutions of Higher Education.

Section 119.  Adjustments Based on Consumer Price Index (Repealed).

Section 120.  Adjustments Based on Consumer Price Index.

Section 121.  Keystone Exams and Graduation Requirements.

Section 121.1. Special Provisions Applicable to the Keystone Exams, Graduation Requirements and Alternative Competency Assessment.

Section 122.  Special Education Funding Commission.

Section 123.  Basic Education Funding Commission.

Section 123.1. Commission on Education and Economic Competitiveness.

Section 124.  Powers and Duties of the Secretary of Education.

Section 125.  Duties of Public School Building Construction and Reconstruction Advisory Committee.

Section 126.  Every Student Succeeds Act State Plan Review.

Section 127.  Information Regarding Education Loans.

Section 128.  Career Information and Recruitment.

Section 129.  Special Provisions Applicable to Limited School Years.

Section 130.  Public Job Posting Database.

Section 131.  Instructional Vacancy Data.

Section 132.  Data Transparency.

Section 133.  Minimum Number of Days or Hours.

Section 134.  Advertising and Sponsorships.

 

ARTICLE II

SCHOOL DISTRICTS

 

(a)  Designation and Classification.

 

Section 201.  How Constituted.

Section 202.  Classification.

Section 203.  Creation of New Cities, Boroughs, and Townships.

Section 204.  Basis for and Change of Classification.

Section 205.  Change of Class; How Effected.

 

(b)  Powers and Duties, etc.

 

Section 211.  General Powers of Districts.

Section 212.  Corporate Seal (Repealed).

Section 213.  Right to Sue and be Sued.

Section 214.  Competency as Witnesses.

Section 215.  Conveyances by Districts.

Section 216.  Gifts to Districts; Investment Accounts.

Section 217.  Unlawful Gifts.

Section 218.  Reports to Department of Education.

Section 219.  National Assessment Tests.

Section 220.  State Report Card.

Section 221.  Value-added Assessment System.

Section 221.1. Moratorium on Certain Data Collection Systems and Data Sets.

Section 221.2. Data Collection Reduction.

Section 221.3. Full Academic Year Requirement.

Section 222.  Drop-out Data Collection.

Section 223.  Certified Safety Committees.

 

(c)  Changes in District.

 

Section 224.  Combination of School Districts.

Section 225.  Property and Indebtedness and Rental Obligations of Former Component School Districts.

Section 226.  Change in Districts; When Effective.

Section 227.  Filing Copy of Action Creating New District, or Affecting Fourth Class District, with Superintendent of Public Instruction.

Section 228.  Approval or Disapproval of Creation or Change of Third or Fourth Class Districts.

Section 229.  Annexation to District of First Class.

Section 230.  Approval of Contracts and Changes after Vote for Annexation.

Section 231.  Tax Levy or Debt for Buildings or Grounds Pending Change of Boundaries, etc.

Section 232.  Special Tax Directed by Court.

Section 233.  Small District Assistance after Combination of School Districts.

 

(d)  Independent Districts.

 

Section 241.  Creation of Independent Districts (Repealed).

Section 242.  Approval of Fourth Class Districts; Adjustment of Indebtedness; Costs (Repealed).

Section 242.1. Establishment of Independent Districts for Transfer of Territory to Another School District.

Section 243.  Abolition of Independent Districts (Repealed).

 

(e)  Union Districts.

 

Section 251.  How Formed (Repealed).

Section 252.  Return of Election (Repealed).

Section 253.  When Established; Classification (Repealed).

Section 254.  Liabilities and Property of Component Districts (Repealed).

Section 255.  Validation of Certain Union School Districts (Repealed).

 

(f)  Merger of Districts.

 

Section 261.  Standards and Regulations; Approval of Plans (Repealed).

Section 262.  County-Wide Plans for Merger, etc. (Repealed).

Section 263.  Petitions and Elections for Mergers; Returns; When Effective (Repealed).

Section 263.1. Mergers; Voting; Partial Mergers (Repealed).

Section 264.  Merged Districts; Assets and Liabilities (Repealed).

 

(g)  Apportionment of Property and Indebtedness.

 

Section 271.  Amicable Adjustment and Apportionment.

Section 272.  Apportionments; How and When Made.

Section 273.  Apportionment by Commissioners.

Section 274.  Confirmation of Report; Effect; Costs.

Section 275.  Court to Dispose of Exceptions.

Section 276.  Apportionment by Bill in Equity.

Section 277.  Districts in More Than One County.

 

(h)  Reorganization of School Districts

(Repealed)

 

Section 281.  Standards for Organization of Administrative Units (Repealed).

Section 282.  Submission of Plans (Repealed).

Section 283.  Approval of Plans (Repealed).

Section 284.  Disapproval of Plans (Repealed).

Section 285.  Department of Public Instruction to Prepare Plans (Repealed).

Section 286.  Establishment of Reorganized School Districts (Repealed).

 

(i)  Reorganization.

 

Section 290.  Purpose; Construction of Subdivision.

Section 290.1. Educational Performance Standards.

Section 291.  Standards for Organization of Administrative Units.

Section 292.  Submission of Plans (Repealed).

Section 292.1. Independent Districts.

Section 293.  Approval of Plans.

Section 293.1. Independent Districts.

Section 293.2. Consolidation of Municipalities.

Section 294.  Disapproval of Plans (Repealed).

Section 295.  Department of Public Instruction to Prepare Plans (Repealed).

Section 296.  Establishment of Reorganized School Districts (Repealed).

Section 297.  Advance Establishment (Repealed).

Section 298.  Property and Indebtedness and Rental Obligations of Former School Districts.

 

ARTICLE III

SCHOOL DIRECTORS

 

Section 301.  Board of Directors; Election or Appointment.

Section 302.  Number and Appointment in Districts First Class and First Class A; Reorganized District of First Class A Containing Former Districts of Second, Third or Fourth Class: Terms of Office.

Section 302.1. School Board in First Class A School Districts; Apportionment of Seats, and Numbers, Terms, and Methods for Election of School Directors in First Class A School Districts.

Section 303.  Number and Election in Districts of the Second, Third and Fourth Classes; Terms of Office.

Section 303.1. Incumbent School Directors and Interim Operating Committee.

Section 304.  Number and Election in Districts Third Class; Terms of Office.

Section 305.  Number and Election in Districts Fourth Class; Terms of Office.

Section 306.  Elections Where District Not Coextensive With, or in More than One City, Borough, Town or Township.

Section 307.  Newly Formed Districts.

Section 308.  Elections or Appointments in Newly Formed Districts.

Section 309.  Change of Class of Districts.

Section 310.  Annexation of Territory.

Section 311.  Appointment or Election in Independent Districts; Terms of Office (Repealed).

Section 311.1. Appointment in Independent Districts for Transfer Purposes; Terms of Office.

Section 312.  Union and Merged Districts (Repealed).

Section 313.  Merged Districts (Repealed).

Section 314.  Two or More Persons Receiving Same Number of Votes.

Section 315.  Filling of Vacancies.

Section 316.  Vacancies in Majority of Members.

Section 317.  Vacancies in All Members.

Section 318.  Removal for Failure to Organize or Neglect of Duty.

Section 319.  Vacancy where Director Fails to Qualify or Attend Meetings.

Section 320.  Notification of Election.

Section 321.  Compensation; Oath of Office.

Section 322.  Eligibility; Incompatible Offices.

Section 323.  Ineligibility.

Section 324.  Not to be Employed by or do Business with District; Exceptions.

Section 325.  Offering Bribes; Penalty.

Section 326.  Receiving Bribes; Penalty.

Section 327.  Demanding, etc., Gratuities from Teachers or Supervisors; Withholding State Appropriation.

Section 328.  School Director Training Programs.

Section 329.  Publication of E-mail Addresses for School Directors.

 

ARTICLE IV

ORGANIZATION MEETINGS AND OFFICERS

OF BOARDS OF SCHOOL DIRECTORS

 

(a)  General Provisions.

 

Section 401.  Beginning of School Year; Organization Meetings.

Section 402.  Notice of Organization Meetings; Temporary

Officers; etc.

Section 403.  Districts First Class and First Class A Permanent Organization; Election of Officers.

Section 404.  Districts Second, Third and Fourth Class Permanent Organization; Election of Officers.

Section 405.  President or Secretary Pro Tempore.

Section 406.  Solicitor and Other Appointees.

Section 407.  Rules and Regulations.

Section 408.  Records, etc., Open to Taxpayers.

Section 409.  Payment of Premiums on Officers' Bonds by School Districts.

 

(b)  Meetings.

 

Section 421.  Times and Places.

Section 422.  Quorum; Filling Vacancies.

Section 423.  Special Meetings.

Section 424.  Meetings Open to Public (Repealed).

Section 425.  Executive Sessions.

 

(c)  President and Vice-President.

 

Section 426.  President to Preside; Calling Special Meetings.

Section 427.  Duties of President.

Section 428.  Duties of Vice-President.

 

(d)  Secretary.

 

Section 431.  Bond.

Section 432.  Compensation.

Section 433.  Duties.

Section 434.  Assistant Secretary.

 

(e)  Treasurer.

 

Section 436.  Bond.

Section 437.  Audit of Accounts.

Section 438.  Compensation.

Section 439.  Receipt and Payment of School Funds.

Section 440.  Deposit of Funds; Monthly Reports.

Section 440.1. Investment of School District Funds.

Section 441.  Settlement of Accounts.

Section 442.  Other Duties; Payment of Balance to Successor.

Section 443.  Embezzlement; Penalty.

 

ARTICLE V

DUTIES AND POWERS OF BOARDS

OF SCHOOL DIRECTORS

 

Section 501.  Elementary Schools.

Section 502.  Additional Schools and Departments.

Section 502.1. Establishment of Independent Schools.

Section 503.  Kindergartens.

Section 504.  Cafeterias.

Section 504.1. Competitive Food or Beverage Contracts.

Section 505.  Establishment and Maintenance of Consolidated Schools.

Section 506.  Duty to Consolidate Schools.

Section 507.  General Powers; Taxation.

Section 508.  Majority Vote Required; Recording.

Section 509.  Supervision over Schools; Visitation (Repealed).

Section 510.  Rules and Regulations; Safety Patrols.

Section 510.1. Special School Watchmen-School Districts in Townships of the Second Class (Repealed).

Section 510.2. Publication of Rules, Regulations and Policies.

Section 511.  School Athletics, Publications, and Organizations.

Section 512.  Advertising for Bids in Trade Journals (Repealed).

Section 513.  Group Insurance Contracts.

Section 514.  Removal of Officers, Employes, etc.

Section 515.  Rights and Powers Preserved.

Section 516.  State Convention or Association; Delegates; Expenses; Membership.

Section 516.1. Expenses for Attendance at Meetings of Educational or Financial Advantage to District.

Section 517.  Attendance of Superintendents, etc., at Educational Conferences, and of Pupils at State Farm Show, etc.; Expenses.

Section 518.  Retention of Records.

Section 519.  Copies of School Laws (Repealed).

Section 520.  Temporary Emergency War Provisions.

Section 520.1. Temporary Emergency Provisions.

Section 521.  Joint Action with Other Political Subdivisions.

Section 522.  Payments of Salaries of Professional Employes Granted Leaves of Absence as Exchange Teachers Authorized; Rights Preserved.

Section 522.1. Payments of Contributions to the School Employes' Retirement Fund on Account of School Employes on Approved Leaves of Absence for Professional Study Authorized; Service Credits.

Section 522.2. Classroom Occupational Exchange.

Section 523.  Educational Broadcasting.

Section 524.  (This section has no heading.)

Section 525.  Establishment and Operation of Educational Television and Broadcasting Facilities.

Section 526.  Funds for Traffic Control Devices.

Section 527.  Drug Law Convictions.

Section 528.  Third-Party Services.

 

ARTICLE VI

SCHOOL FINANCES

 

(a)  General Provisions.

 

Section 601.  Information to Incoming Directors for Tax Levy and Budget.

Section 602.  Tax Levies.

Section 603.  Only One Annual Tax Levy.

Section 604.  Property Acquired by State for Water Conservation or Flood Prevention.

Section 605.  Affidavit of Uncollectability of Taxes on Real Property.

Section 606.  Collection of Taxes Where New District Created.

Section 607.  Payments; How Made; Limitations.

Section 608.  Liability for Improper School Orders.

Section 609.  Budgeted Funds not to be Used for Other Purposes or Exceeded.

Section 610.  Use of School Funds; Illegal Use.

Section 611.  Enforcement of Judgments Against School Districts.

Section 612.  Counsel Fees on Appeals from County Auditors'  Reports.

Section 613.  Management Information Reports.

Section 614.  Certain Budget Timelines (Expired).

Section 615.  Reopening of 2011-2012 Budget.

Section 616.  Reopening of 2012-2013 Budget.

Section 616.1. Reopening of School District Annual Budget.

Section 617.  Intergovernmental Agreements for School Security and Safety (Repealed).

 

(b)  School Depositories.

 

Section 621.  Designation of Depositories; Bond.

Section 622.  Collateral in Lieu of Bond.

Section 623.  Insurance of Deposits of Funds.

Section 624.  Monthly Reports by Depositories.

Section 625.  Deposit of School Funds; Treasurer Relieved of Liability; School Orders.

 

(c)  Indebtedness.

 

Section 631.  Power to Incur Debt; Limitations.

Section 632.  Assent of Electors; When Necessary and When Not Necessary.

Section 633.  Reports to Secretary of Education; Withholding State Appropriations.

Section 634.  Temporary Debt.

Section 635.  Limit on Temporary Debt for Current Expenses and Debt Service.

Section 636.  Emergency Loans for Current Expenses and Debt Service.

Section 636.1. Approval of Unfunded Debt in Certain Distressed School Districts.

Section 637.  Limit on Temporary Debt for Permanent Improvements, etc.; Tax Levy.

Section 638.  Temporary Debt for Permanent Improvements, etc.; Payment (Repealed).

Section 639.  Limit on Temporary Debt in Anticipation of Proceeds of Bond Issue; Payment.

Section 640.  Borrowing in Anticipation of Current Revenue.

 

(d)  First Class School District.

 

Section 651.  Fiscal Year.

Section 652.  Tax Levy; Purposes; Limitations.

Section 652.1. Taxing Power of Elected Board of Public Education of School Districts of the First Class A.

Section 652.2. Appeals by Taxpayers.

Section 653.  Tax Levy for Indebtedness of Prior Districts.

Section 654.  Tax Rates to be Expressed in Dollars and Cents.

Section 655.  Property Taxable.

Section 655.1. Tax on Owners of Ground Rents.

Section 656.  Certification of Assessments.

Section 657.  Certification of Levy; Collection.

Section 658.  Bond of Collector; Neglect to Furnish.

Section 659.  Compensation; Stationery; Books; Clerks.

Section 660.  Monthly Reports; Payment of Taxes Collected.

Section 661.  Annual Reports.

Section 662.  Liens of Unpaid Taxes.

Section 663.  Per Capita Tax; Districts First Class Less than 1,500,000 Population (Repealed).

Section 664.  Annual Budget; Advertising; Public Hearing.

Section 665.  Emergency Appropriations.

Section 666.  Limit of Indebtedness.

 

(e)  Second, Third and Fourth Class School

Districts.

 

Section 671.  Fiscal Year.

Section 672.  Tax Levy; Limitations.

Section 672.1. School Districts Lying in More Than One County or in More Than One Municipality; Limitation on Total Tax Revenues.

Section 672.2. School Districts Lying in More Than One County; Tax Levy on Occupations.

Section 673.  Tax Rates to be Expressed in Dollars and Cents.

Section 674.  Property Subject to Tax; Districts Second Class.

Section 675.  Certification of Assessments, etc.; Districts Second Class.

Section 676.  Property Subject to Tax; Districts Third and Fourth Class.

Section 677.  Certification of Assessments, etc.; Districts Third and Fourth Class.

Section 677.1. Additions and Revisions to Duplicates.

Section 678.  Duplicates to Include Certain Territory.

Section 679.  Per Capita Taxes.

Section 680.  List of Residents for Per Capita Tax Purposes.

Section 680.1. Temporary Continuance of Tax on Landfill or Resource Recovery Facilities.

Section 681.  Certification of Levy.

Section 682.  Tax Duplicates and Warrants.

Section 683.  Appointment of Tax Collector in Certain Cases.

Section 684.  Bond of Appointed Collectors.

Section 685.  Disqualification for Reappointment, etc.

Section 686.  Delinquent Taxes; Appointment of Collector; etc.

Section 687.  Annual Budget; Additional or Increased Appropriations; Transfer of Funds.

Section 688.  Limitations on Certain Unreserved Fund Balances.

Section 689.  Payroll Tax.

 

(f)  Capital Reserve Fund for School Building

Project Programs Approved by the Department

of Public Instruction.

 

Section 690.  Creation of Capital Reserve Fund for Approve

School Building Project Programs.

Section 691.  Investment of Fund; Budget; Record.

Section 692.  Expenditure of Fund.

 

(f)  Distressed School Districts.

 

Section 691.  When District Distressed.

Section 692.  Special Board of Control; Petition; Appointments (Repealed).

Section 692.1. When No Appointment Is Made (Repealed).

Section 692.2. Compensation of Special Board of Control (Repealed).

Section 693.  Powers of Special Board of Control.

Section 694.  Additional Tax (Repealed).

Section 695.  School Directors to Remain in Office; Elections (Repealed).

Section 696.  Distress in School Districts of the First Class.

Section 697.  Educational Assessment Center.

 

ARTICLE VI-A

SCHOOL DISTRICT FINANCIAL RECOVERY

 

(a)  Preliminary Provisions

 

Section 601-A. Scope of article.

Section 602-A. Definitions.

 

(b)  School District Financial Watch

 

Section 611-A. Early warning system.

 

(c)  School District Financial Recovery

 

(i)  Declaration of School District

Financial Recovery Status

 

Section 621-A. Issuance of declaration.

Section 622-A. Commitment to ensure delivery of effective educational services.

Section 623-A. School directors to remain in office and elections.

Section 624-A. Termination of status.

Section 625-A. Transition period.

Section 626-A. Technical assistance.

 

(ii)  Chief Recovery Officer

 

Section 631-A. Appointment.

Section 632-A. Compensation.

Section 633-A. Powers and duties.

Section 634-A. Access to information.

Section 635-A. Public and private meetings.

 

(iii)  Financial Recovery Plan

 

Section 641-A. Contents.

Section 642-A. Powers and duties.

Section 643-A. Financial recovery plan not affected by certain collective bargaining agreements or settlements

 

(iv)  Process for Moderate Financial

Recovery School Districts

 

Section 651-A. Applicability.

Section 652-A. Development and approval of plan.

Section 653-A. Implementation of financial recovery plan.

Section 654-A. Advisory committee.

 

(v)  Process for Severe Financial

Recovery School Districts

 

Section 661-A. Applicability.

Section 662-A. Vote to proceed.

Section 663-A. Development and approval of plan.

Section 664-A. Implementation of financial recovery plan.

 

(vi)  Receivership

 

Section 671-A. Appointment of receiver.

Section 672-A. Powers and duties.

Section 673-A. Effect of appointment of receiver.

Section 674-A. Vacancy and revocation.

Section 675-A. Termination of receivership.

Section 676-A. Transition period.

 

(vii)  Financial Recovery

Transitional Loan Program

 

Section 681-A. Program.

Section 682-A. Loan procedure.

Section 683-A. Limitations.

 

(viii)  Miscellaneous Provisions

 

Section 691-A. Applicability.

Section 692-A. Bankruptcy prohibited.

Section 693-A. Termination of special board of control.

Section 694-A. Additional criteria.

Section 695-A. Financial administrator in financial watch school district.

 

ARTICLE VI-B

SCHOOL WATCH

 

Section 601-B. Scope of article.

Section 602-B. Definitions.

Section 603-B. Financial information to be posted.

 

ARTICLE VII

GROUNDS AND BUILDINGS

 

(a)  Duty to Provide; Acquisition and

Disposition of Property.

 

Section 701.  Duty to Provide; Conditions.

Section 701.1. Referendum or Public Hearing Required Prior to Construction or Lease.

Section 702.  Location and Amount of Land; Playground.

Section 703.  Acquisition of Buildings, Sites for School Buildings and Playgrounds, and Disposing Thereof.

Section 703.1. Lease of Buildings or Portions of Buildings

Constructed or Altered for School Use.

Section 704.  Acquisition and Disposition of Property in Other District; Freedom from Taxation.

Section 705.  Residences for Teachers and Janitors (Repealed).

Section 706.  Parks; Playgrounds; etc.

Section 707.  Sale of Unused and Unnecessary Lands and Buildings.

Section 708.  Abandonment of Property.

Section 709.  Lease of Unused and Unnecessary Lands and Buildings.

 

(b)  Eminent Domain.

 

Section 721.  Condemnation of Land.

Section 722.  Security for Damages; Fee Simple Title.

Section 723.  Appointment of Viewers; Notice.

Section 724.  Duties of Viewers; Report; Notice.

Section 725.  Confirmation of Report.

Section 726.  Payment of Damages into Court.

Section 727.  Exceptions and Appeals.

Section 728.  Costs.

 

(c)  Specific Requirements.

 

Section 731.  Approval by Department of Plans, etc., of Buildings; Exceptions.

Section 731.1. Approval of Lease Agreements.

Section 732.  Plans, etc., Furnished by State Council of Education (Repealed).

Section 732.1. Limitation on New Applications for Department of Education Approval of Public School Building Projects.

Section 733.  Standards of State Board of Education.

Section 734.  Heating and Ventilating Standards (Repealed).

Section 735.  Advisory Committee on Standards.

Section 736.  Heating Stoves to be Shielded (Repealed).

Section 737.  Ventilation; Thermometer (Repealed).

Section 738.  Fireproof Construction (Repealed).

Section 739.  Doors to Open Outward; Fire Escapes; etc. (Repealed).

Section 740.  Water-closets or Out-houses.

Section 741.  Substrata Evaluation.

Section 742.  Lead Testing.

 

(d)  Contracts.

 

Section 751.  Work to be Done Under Contract Let on Bids; Exception.

Section 751.1. Architects and Engineers Employed Prohibited From Bidding on Public Works; Penalty.

Section 752.  Contracts to Require Competent Workmen.

Section 753.  Stipulations for Minimum Wages.

Section 754.  Contracts to Provide for Resident Workmen; Penalty (Repealed).

Section 755.  Contracts to Prohibit Discrimination Against Race, Creed or Color; Penalty (Repealed).

Section 756.  Additional Bond for Payment of Labor, Materials, etc.

Section 757.  Actions by Sub-Contractors, etc., on Performance Bonds.

Section 758.  Appropriations to Nonprofit Corporations for Constructing School Buildings.

Section 759.  Appropriations to Nonprofit Corporations for Athletic Stadia, etc.

Section 760.  Completion of Abandoned WPA Projects, Districts Third and Fourth Class (Repealed).

 

(e)  General Provisions.

 

Section 771.  Display of United States Flag; Development of Patriotism.

Section 772.  Condition of Grounds; Shade Trees (Repealed).

Section 772.1. Integrated Pest Management Programs.

Section 772.2. Notification of Pesticide Treatments at Schools.

Section 773.  Contracts for Light, Heat or Water; Acquiring Water Supply; Condemnation; Tapping District Water Lines.

Section 774.  Insurance on Buildings; Public Liability Insurance for Employes; Purchase of Insurance From Employes, etc.

Section 775.  Use of School Buildings for Other Purposes; Arrangements with City, Borough or Township.

Section 776.  School Property Exempt from Taxation and Municipal Assessments; Exception.

Section 776.1. Child-Day Care Centers in School Buildings.

Section 777.  Defacing, Injuring or Destroying Property Used for School Purposes; Penalty.

Section 778.  School Police Officers (Repealed).

Section 779.  Vehicle Rules and Regulations and Penalties for Violations.

Section 780.  Public Hearing Prior to Closing School.

 

(f)  State Public School Building Authority.

 

Section 781.  Grants to State Public School Building Authority.

Section 782.  Acquisition of Lands; Bond Issues.

Section 783.  Appropriations; Use of Proceeds of Bond Issues.

Section 784.  Contracts to Lease and Leases; Operation and Maintenance.

Section 784.1. Financing for School Building Property.

Section 784.2. Contracts for Lease or Purchase of Educational Telecommunications and Distance Learning Equipment and Facilities and for Installation, Operation and Maintenance.

Section 784.3. Center.

Section 785.  Failure to Pay Rent or Make Payments; Withholding Appropriation.

Section 786.  Joint Action of Districts.

 

(g)  Municipality Authorities.

 

Section 790.  Grants, Conveyances, Appropriations to, Contracts with, and Leases from, Municipality Authorities.

 

(h)  Other Means of Financing.

 

Section 791.  Grants, Conveyances, Appropriations to, Contracts with, and Leases from, Profit or Nonprofit Corporations, Partnerships, Associations, or Persons.

 

ARTICLE VIII

BOOKS, FURNITURE AND SUPPLIES

 

Section 801.  Purchases; Use in Schools; Rules and Regulations.

Section 802.  Period of Use of Textbooks (Repealed).

Section 803.  Time and Manner of Adopting and Furnishing Textbooks and Supplementary Books.

Section 804.  Use of School Books During Vacations.

Section 805.  Classes of School Supplies; Purchasing Agent (Repealed).

Section 806.  Purchase of Supplies of the First Class, Costing $100 or More (Repealed).

Section 807.  Purchase of Supplies of the Second Class, Costing $300 or More (Repealed).

Section 807.1. Purchase of Supplies.

Section 808.  Employe of District as Agent.

Section 809.  Giving or Offering Bribes; Penalty.

Section 810.  Seeking or Receiving Bribes; Penalty.

 

ARTICLE IX

SCHOOL DIRECTORS' ASSOCIATIONS AND COUNTY

BOARDS OF SCHOOL DIRECTORS

 

(a)  School Directors' Associations.

 

Section 901.  Conventions and Special Meetings (Repealed).

Section 902.  Notice and Place of Convention (Repealed).

Section 903.  Expenses at Annual Conventions and Special Meetings (Repealed).

Section 904.  Officers (Repealed).

Section 905.  Executive Committee (Repealed).

Section 906.  Auditors (Repealed).

Section 907.  Ex-officio Members of Executive Committee (Repealed).

Section 908.  Payment of Expenses by County (Repealed).

 

(b)  County Boards of School Directors.

 

Section 921.  Elections; Vacancies; Qualifications; Removals (Repealed).

Section 922.  Election of Officers (Repealed).

Section 923.  Meetings; Filling of Vacancies (Repealed).

Section 924.  Expenses of Members; Telephone, etc., Services (Repealed).

Section 925.  Powers and Duties.

Section 926.  Chief Executive Officer; Powers and Duties (Repealed).

Section 927.  Audits (Repealed).

Section 928.  Bond of Treasurer (Repealed).

Section 929.  Compensation of the Secretary and Treasurer (Repealed).

Section 930.  Professional and Temporary Professional Employes (Repealed).

 

ARTICLE IX-A

INTERMEDIATE UNITS

 

Section 901-A. Establishment of Intermediate Units.

Section 902-A. Arrangement of School Districts Into Intermediate Units.

Section 903-A. Transfer of Membership.

Section 904-A. Merger of Intermediate Units.

Section 905-A. Regulations.

Section 906-A. Program of Services.

Section 907-A. Subsidies for Services.

Section 908-A. Special Pupil Services.

Section 909-A. Career and Technical Education.

Section 910-A. Intermediate Unit Board of Directors.

Section 911-A. Conventions.

Section 912-A. Election of Officers.

Section 913-A. Staff.

Section 914-A. Powers and Duties of the Intermediate Unit Board of Directors.

Section 914.1-A. Contracts with Private Residential Rehabilitative Institutions; Certain Criteria in Department Audits.

Section 915-A. Powers and Duties of Executive Director.

Section 916-A. Intermediate Unit Council.

Section 917-A. Allocations (Repealed).

Section 917.1-A. Commonwealth Payments.

Section 918-A. General Operating Subsidy.

Section 919-A. Capital Subsidy (Repealed).

Section 919.1-A. Capital Subsidy.

Section 920-A. School District Payments.

Section 921-A. Financial Reports.

Section 922-A. Auxiliary Services; Nonpublic School Children (Repealed).

Section 922.1-A. Auxiliary Services.

Section 923-A. Loan of Textbooks, Instructional Materials and Instructional Equipment, Nonpublic School Children.

Section 923.1-A. Psychological Services.

Section 923.2-A. Visual Services.

Section 923.3-A.  School Safety and Security Enhancements.

Section 924-A. Annual Reports.

 

ARTICLE X

DISTRICT SUPERINTENDENTS AND

ASSISTANT DISTRICT SUPERINTENDENTS

 

(a)  Provisions of General Application.

 

Section 1001.  Purpose.

Section 1002.  Good Moral Character.

Section 1003.  Eligibility.

Section 1004.  Oath of Office.

Section 1005.  Enforcement of Branches of Study; Withholding State Appropriations.

Section 1006.  Reports.

Section 1007.  Not to Engage in Teaching; Exceptions.

Section 1008.  Additional Compensation and Interest in Sale or Adoption of Books or Supplies Prohibited.

Section 1009.  Influencing Elections; Penalty.

 

(b)  County Superintendents.

 

Section 1021.  Election (Repealed).

Section 1022.  Time and by Whom Elected; Term of Office

(Repealed).

Section 1023.  Notice of Convention to Elect County Superintendents (Repealed).

Section 1024.  Compensation and Mileage (Repealed).

Section 1025.  Officers of Convention (Repealed).

Section 1026.  Candidates' Proof of Eligibility (Repealed).

Section 1027.  List of Directors Entitled to Vote; Method of Voting (Repealed).

Section 1028.  Election Papers Filed with Prothonotary (Repealed).

Section 1029.  Certification of Results of Election (Repealed).

Section 1030.  Commission from Superintendent of Public Instruction (Repealed).

Section 1031.  Objections to Election; Hearing (Repealed).

Section 1032.  Costs of Hearing (Repealed).

Section 1033.  Appointment if Objections Sustained (Repealed).

Section 1034.  Removal for Cause (Repealed).

Section 1035.  Vacancies; Substitutes (Repealed).

Section 1036.  New Counties (Repealed).

Section 1037.  Duties (Repealed).

Section 1038.  Inspection of School Grounds and Buildings (Repealed).

Section 1039.  County to Furnish Office Rooms, etc. (Repealed).

Section 1040.  Telephone, Typewriter and Stenographer Furnished by County (Repealed).

Section 1041.  Telephone, Typewriter and Stenographic Services in Counties Second Class (Repealed).

 

(c)  Assistant County Superintendents and

Supervisors of Special Education.

 

Section 1051.  Number of Assistant County Superintendents (Repealed).

Section 1052.  Number of Supervisors of Special Education (Repealed).

Section 1053.  Appointment of Assistant Superintendents (Repealed).

Section 1054.  Supervisors of Special Education; Qualifications; Appointment (Repealed).

Section 1055.  Certification of Appointments; Commissions; Appointments by Superintendent of Public Instruction (Repealed).

Section 1056.  Vacancies; Substitutes (Repealed).

Section 1057.  Removal for Cause (Repealed).

Section 1058.  Duties of Assistant County Superintendents (Repealed).

Section 1059.  Duties of Supervisors of Special Education (Repealed).

Section 1060.  Further Duties of Assistant County Superintendents and Supervisors of Special Education (Repealed).

 

(c.1)  Technical Personnel.

 

Section 1061.  Number of Technical Personnel; Qualifications; Appointment (Repealed).

Section 1062.  Salaries; Duties (Repealed).

Section 1063.  Vacancies; Substitutes (Repealed).

 

(d)  Salaries and Expenses of County Superintendents,

Assistant County Superintendents, and

Supervisors of Special Education.

 

Section 1066.  Minimum Salaries; Payment (Repealed).

Section 1067.  Additional Salaries; Payment (Repealed).

Section 1068.  Expenses (Repealed).

 

(e)  District Superintendents and Assistant

District Superintendents.

 

Section 1071.  Election.

Section 1072.  Creating Office in Districts Third Class (Repealed).

Section 1072.1. Discontinuance of Office in Districts Third Class (Repealed).

Section 1072.2. (This section has no heading.)(Repealed)

Section 1073.  Manner of Election or Approval.

Section 1073.1. Performance Review.

Section 1074.  Districts Having no Superintendent (Repealed).

Section 1075.  Salary.

Section 1076.  Election of Assistant District Superintendents.

Section 1077.  Term and Salary of Assistants.

Section 1078.  Commissions.

Section 1079.  Vacancies; Acting and Substitute Superintendents and Assistants.

Section 1080.  Removal.

Section 1081.  Duties of Superintendents.

Section 1082.  Duties of Assistants.

Section 1083.  Annexation and Consolidation of Districts.

Section 1083.1. Reorganization of Districts.

 

(f)  Supervisors

 

Section 1084.  Number of Supervisors (Repealed).

Section 1085.  Supervisors' Qualifications; Appointment (Repealed).

Section 1086.  Salaries (Repealed).

Section 1087.  Duties of Supervisors (Repealed).

Section 1088.  Vacancies; Substitutes (Repealed).

Section 1089.  Business Administrator.

 

(g)  Special Districts

(Repealed)

 

Section 1091.  Services Provided Through Office of County Superintendent (Repealed).

 

ARTICLE XI

PROFESSIONAL EMPLOYES

 

(a)  Definitions.

 

Section 1101.  Definitions.

 

(b)  Employment.

 

Section 1106.  Duty to Employ.

Section 1107.  Special Teachers.

Section 1108.  Temporary Professional Employes.

Section 1109.  Qualifications.

Section 1109.1. Emergency Certification in Certain Instances.

Section 1109.2. Conditional Employment.

Section 1110.  Disqualification for Refusal to Teach (Repealed).

Section 1111.  Employment of Relatives of School Directors.

Section 1112.  Religious Garb, Insignia, etc., Prohibited; Penalty (Repealed).

Section 1113.  Transferred Programs and Classes.

Section 1114.  Day-to-Day Substitutes.

Section 1115.  Locally Titled Positions.

 

(c)  Tenure.

 

Section 1121.  Contracts; Execution; Form.

Section 1122.  Causes for Termination of Contract.

Section 1123.  Rating System (Expired).

Section 1124.  Causes for Suspension.

Section 1125.  Suspensions and Reinstatements; How Made (Repealed).

Section 1125.1. Persons to be Suspended.

Section 1126.  Public Hearings; Exceptions.

Section 1127.  Procedure on Dismissals; Charges; Notice; Hearing.

Section 1128.  Subpoenas; Testimony.

Section 1129.  Vote Required for Dismissals.

Section 1130.  Notice of Discharge; Procedure on Decision Favorable to Employe.

Section 1131.  Appeals to Secretary of Education.

Section 1132.  Appeals to Court.

Section 1133.  Collective Bargaining for Public Employes.

Section 1134.  Professional and Temporary Professional Employes of Schools Formerly Operated by the Commonwealth (Expired).

 

(c.1)  Revised Rating System.

 

Section 1138.1. Definitions.

Section 1138.2. State rating tool.

Section 1138.3. Classroom teachers.

Section 1138.4. Principals.

Section 1138.5. Nonteaching professional employees.

Section 1138.6. Local rating tools.

Section 1138.7. Overall performance rating.

Section 1138.8. Rating tool.

Section 1138.9. Operative provisions.

Section 1138.10. Reporting.

Section 1138.11. Exemption from other laws.

Section 1138.12. State regulations.

Section 1138.13. Collective bargaining agreements.

Section 1138.14. Rating form not public record.

Section 1138.15. Applicability.

Section 1138.16. Report.

 

(d)  Compensation.

 

Section 1141.  Definitions.

Section 1142.  Minimum Salaries and Increments.

Section 1142.1. Minimum Salaries for Teachers.

Section 1143.  Minimum Salaries and Increments; Districts Second, Third and Fourth Class and Vocational School Districts (Repealed).

Section 1144.  Additional Increments for College Certificate or Master's Degree.

Section 1144.1. Teachers of Applied Arts and Career and Technical Subjects.

Section 1145.  Minimum Salaries for Teachers With Emergency Certificates.

Section 1146.  Part-time Teachers, etc.

Section 1147.  Increase or Decrease of Usual Number of Periods per Day.

Section 1148.  Substitute Teachers.

Section 1149.  Increments When Employed by Another District.

Section 1150.  Schedules for Teachers, etc. not Provided For.

Section 1151.  Salary Increases; Demotions.

Section 1152.  Compensation in Excess of Schedule; Temporary or Emergency Increases.

Section 1153.  Payment of Salaries of Teachers when Prevented from Rendering Services.

Section 1154.  Payment of Salaries in Cases of Sickness, Injury or Death.

Section 1154.1. Alternative Payment Plan.

Section 1155.  Preferred Claims; Short Term Loans.

 

(e)  Supervising Principals.

 

Section 1161.  Employment in Districts Third and Fourth Class (Repealed).

Section 1162.  Joint Employment Including Supervisors or Teachers of Special Subjects.

Section 1163.  Supervising Principals of Joint Boards or Union or Merged Districts (Repealed).

Section 1164.  Compensation Plans for School Administrators.

 

(f)  Sabbatical Leaves of Absence.

 

Section 1166.  Persons Entitled.

Section 1166.1. Leaves of Absence for Professional Development.

Section 1167.  Preferences; Limitations.

Section 1168.  Return to Employment.

Section 1169.  Salary While on Leave.

Section 1170.  Rights Retained.

Section 1171.  Regulations.

 

(g)  Military Service in Time of War or

National Emergency.

 

Section 1176.  Leave of Absence.

Section 1177.  Reinstatement in Former School Position.

Section 1178.  Rights Preserved During Leave of Absence.

Section 1179.  Continuation of State Appropriations.

Section 1180.  Rights of Persons on Eligibility Lists.

Section 1181.  Applicability and Intent.

Section 1182.  Leave for Elective Public Office.

Section 1183.  Military Parent Student Support.

Section 1184.  National Guard or Reserve Parent Student Support.

 

(h)  Meetings of Teachers.

(Repealed)

 

Section 1186.  County Superintendents to Call Meetings (Repealed).

Section 1187.  Attendance Records and Reports; Expenses of Meeting (Repealed).

Section 1188.  Compensation of Teachers Attending (Repealed).

Section 1189.  Penalty on Teachers Failing to Attend (Repealed).

Section 1190.  Auditors (Repealed).

Section 1191.  Statement of Receipts and Disbursements (Repealed).

Section 1192.  Expenses Paid by County; Limitation (Repealed).

Section 1193.  Reports to Department of Public Instruction (Repealed).

Section 1194.  Districts Having District Superintendent (Repealed).

Section 1195.  Distinguished Educators Program.

 

(i)  Programs.

 

Section 1195.1. (Reserved).

 

ARTICLE XI-A

COLLECTIVE BARGAINING

 

(a)  General Provisions.

 

Section 1101-A. Definitions.

 

(b)  Scope of Bargaining.

 

Section 1111-A. Mutual Obligation.

Section 1112-A. Matters of Inherent Managerial Policy.

 

(c)  Collective Bargaining Impasse.

 

Section 1121-A. Submission to Mediation.

Section 1122-A. Fact-finding Panels.

Section 1123-A. Negotiated Final Best-Offer Arbitration.

Section 1124-A. Method of Selection of Arbitrators.

Section 1125-A. Final Best-Offer Arbitration.

Section 1126-A. Time Frame.

Section 1127-A. Exception.

 

(d)  Strikes and Lockouts.

 

Section 1131-A. Strikes Prohibited in Certain Circumstances.

Section 1132-A. Lockouts Prohibited in Certain Circumstances.

 

(e)  Collective Bargaining Agreement.

 

Section 1151-A. Agreement and Enforcement.

Section 1152-A. Existing Agreements; Provisions Inconsistent with Article.

 

(f)  Secretary of Education.

 

Section 1161-A. Injunctive Relief.

 

(g)  Prohibitions.

 

Section 1171-A. Selective Strikes.

Section 1172-A. Utilization of Strike Breakers.

 

ARTICLE XI-B

CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR

PROFESSIONAL TEACHING STANDARDS

 

Section 1101-B. Definitions.

Section 1102-B. Payment of Fees.

Section 1103-B. Priority.

Section 1104-B. Duties of Eligible Teachers.

Section 1105-B. Repayment.

Section 1106-B. Duties of Department.

 

ARTICLE XII

CERTIFICATION OF TEACHERS

 

Section 1201.  Certificates Qualifying Persons to Teach.

Section 1201.1. Substitute Teaching Permit for Prospective Teachers.

Section 1202.  State Certificates.

Section 1202.1. Instructional Certificate Grade Spans and Age Levels and Duties of Department.

Section 1203.  Kinds of State Certificates.

Section 1204.  Granting Provisional College Certificates.

Section 1204.1. Standard Employment Application.

Section 1204.2. Career and Technical Instructional Certificate.

Section 1204.3. Out-of-State Applicants for Career and Technical Education Certification.

Section 1205.  Issuing Permanent College Certificates.

Section 1205.1. Continuing Professional Development.

Section 1205.2.  Program of Continuing Professional and Paraprofessional Education.

Section 1205.3. Charter Schools.

Section 1205.4. CPR Instruction.

Section 1205.5. Continuing Professional Education for School or System Leaders.

Section 1205.6. Child Abuse Recognition and Reporting Training.

Section 1205.7. Trauma-Informed Education.

Section 1205.8. Teacher Support in the Structured Literacy Program.

Section 1206.  Certificates Issued by Other States (Repealed).

Section 1206.1. Out-of-State Applicants for Certification.

Section 1207.  Special Temporary or Permanent Certificates.

Section 1207.1. Postbaccalaureate Certification.

Section 1207.2. Military Science Certificates.

Section 1207.3. Baccalaureate Certification Basic Skills Assessment.

Section 1207.4. Special Provisions Applicable to 2020-2021 School Year.

Section 1208.  Summer Schools, etc. (Repealed).

Section 1209.  Disqualifications.

Section 1210.  Existing Certificates.

Section 1211.  Annulment of Certificates (Repealed).

Section 1212.  Registration and Record of Certificates.

Section 1213.  Standard Limited Certificates.

Section 1214.  Department Waiver of Certification Requirements.

Section 1215.  Locally Issued Temporary Certification for Substitute Teachers.

Section 1216.  Evaluation of Applications for Certification.

Section 1216.1. Professional Educator Discipline Fee.

Section 1217.  Pennsylvania School Leadership Standards.

Section 1218.  Permit for Classroom Monitors (Expired and Repealed).

Section 1218.1. Permit for Classroom Monitors.

Section 1219.  Substitute Teaching Policy.

Section 1220.  Prekindergarten through Grade Twelve Dance Certificate.

 

ARTICLE XII-A

PROFESSIONAL TEACHER ASSESSMENT

(Repealed)

 

Section 1201-A. Short Title of Article (Repealed).

Section 1202-A. Definitions (Repealed).

Section 1203-A. Professional Teacher Assessment Program (Repealed).

Section 1204-A. Scoring Process (Repealed).

Section 1205-A. Furthering Continuing Professional Development (Repealed).

Section 1206-A. Compliance (Repealed).

Section 1207-A. Professional Development Assistance (Repealed).

Section 1208-A. Collective Bargaining Agreements (Repealed).

Section 1209-A. Confidentiality (Repealed).

Section 1210-A. Annual Report (Repealed).

 

ARTICLE XII-B

STUDENT TEACHER SUPPORT GRANT PROGRAM

 

Section 1201-B. Scope of article.

Section 1202-B. Definitions.

Section 1203-B. Program establishment and duties of agency.

Section 1204-B. Eligibility.

Section 1205-B. Report.

Section 1206-B. Data collection.

Section 1207-B. Miscellaneous provisions.

 

ARTICLE XII-C

INTERSTATE TEACHER MOBILITY COMPACT

 

Section 1201-C. Scope of article.

Section 1202-C. Authority to execute compact.

Section 1203-C. When and how compact becomes operative.

Section 1204-C. Compensation and expenses of commissioner.

 

ARTICLE XIII

PUPILS AND ATTENDANCE

 

(a)  Attendance.

 

Section 1301.  Age Limits; Temporary Residence.

Section 1302.  Residence and Right to Free School Privileges.

Section 1302.1. Military Child Advance Enrollment.

Section 1303.  Immunization Required; Penalty.

Section 1304.  Admission of Beginners.

Section 1305.  Non-resident Child Placed in Home of Resident.

Section 1306.  Non-resident Inmates of Children's Institutions.

Section 1306.1. Optional Commitment Location.

Section 1306.2. Juveniles Incarcerated in Adult Facilities.

Section 1307.  Counties, Other Than Second Class, Responsible for Payment of Tuition.

Section 1308.  Liability for Tuition and Enforcement of Payment.

Section 1309.  Cost of Tuition; How Fixed.

Section 1310.  Assignment of Pupils to Schools.

Section 1310.1. Classroom Placement of Twins or Higher Order Multiples; Parental Discretion

Section 1311.  Closing Schools.

Section 1312.  Free Transportation Where Schools Closed in Certain Districts.

Section 1313.  Attendance in Other Districts.

Section 1313.1. Assignment of Students to School Districts of the First Class A.

Section 1314.  Attendance in District to Which Territory of

Residence Formerly Attached.

Section 1315.  Assignment to School in Another State; Receiving Pupils from Other States.

Section 1316.  Permitting Attendance of Non-resident Pupils.

Section 1316.1. Attendance at Schools for the Performing Arts.

Section 1317.  Authority of Teachers, Vice Principals and Principals over Pupils.

Section 1317.1. Possession of Telephone Pagers Prohibited (Repealed).

Section 1317.2. Possession of Weapons Prohibited.

Section 1317.3. Uniforms.

Section 1318.  Suspension and Expulsion of Pupils.

Section 1318.1. Students Convicted or Adjudicated Delinquent of Sexual Assault.

Section 1319.  Confidentiality of Student Communications (Repealed).

 

(b)  Enforcing Attendance.

 

Section 1325.  Purpose.

Section 1326.  Definitions.

Section 1327.  Compulsory School Attendance.

Section 1327.1. Home Education Program.

Section 1327.2. Attendance Policy at Charter, Regional Charter and Cyber Charter Schools.

Section 1327.3. Attendance Policy at Nonpublic Schools.

Section 1328.  Compulsory Education of Children with Physical Impairments.

Section 1329.  Excuses from Attending School.

Section 1330.  Exceptions to Compulsory Attendance.

Section 1331.  Free Transportation or Board and Lodging.

Section 1331.1. Assisting Students Experiencing Education Instability.

Section 1332.  Reports of Enrollments; Attendance and Withdrawals; Public and Private Schools.

Section 1333.  Procedure When Child is Truant.

Section 1333.1. Procedure by School When Child Habitually Truant.

Section 1333.2. Procedure Upon Filing of Citation.

Section 1333.3. Penalties for Violating Compulsory School Attendance Requirements.

Section 1333.4. Study of Truancy Procedure.

Section 1334.  Children Lacking Clothing or Food.

Section 1335.  Furnishing Food, Including Milk, to School Children.

Section 1336.  Furnishing Vitamin Products to Pupils (Repealed).

Section 1337.  Nonprofit School Food Program.

Section 1337.1. School Lunch and Breakfast Reimbursement.

Section 1338.  Dependent Children.

Section 1338.1. Suspension of Operating Privilege (Repealed).

Section 1338.2. Antitruancy Programs (Repealed).

Section 1339.  Reports to Superintendent of Public Instruction.

 

(c)  Attendance Officers and Home and School

Visitors.

 

Section 1341.  Duty to Employ; Power of Arrest; Certification.

Section 1342.  Term of Employment; Compensation.

Section 1343.  Arrest of Children Failing to Attend School.

Section 1344.  Inspecting Places Where Children are Employed.

Section 1345.  Penalty for Interfering with Inspections.

 

(d)  Enumeration of School Children.

 

Section 1351.  Duty to Make; Penalty for Interfering.

Section 1352.  List of Names for Schools; Statistics for Superintendent of Public Instruction.

Section 1353.  Cost of Enumeration; Additional Names and Information.

Section 1354.  Report of Children not Enrolling, or Withdrawing, or Being Illegally Absent.

Section 1355.  Penalty for Failure to Comply.

Section 1356.  Costs of Proceeding for Noncompliance.

Section 1357.  Withholding State Appropriation.

 

(e)  Transportation of Pupils.

 

Section 1361.  When Provided.

Section 1361.1. Nonpublic School Transportation for 2020-2021 School Year.

Section 1362.  Kinds of Transportation; Liability Insurance.

Section 1363.  Standards for Vehicles (Repealed).

Section 1364.  Transportation in Districts Under Direction of County Superintendent (Repealed).

Section 1365.  Extra Compensation for Transporting Pupils Unlawful; School Bus Driver Employment Applications.

Section 1366.  Computation of Distances.

Section 1367.  Board and Lodging in Lieu of Transportation.

 

(f)  Exceptional Children.

 

Section 1371.  Definition of Children with Exceptionalities; Reports; Examination.

Section 1372.  Exceptional Children; Education and Training.

Section 1372.1. Speech and Hearing Rehabilitation Centers (Repealed).

Section 1372.1. Day Care Training Centers for the Proper Training of Mentally Handicapped Children (Repealed).

Section 1373.  State Reimbursement; Reports.

Section 1373.1. Readers; Helpers; Guides; Aids; Appliances; Etc.; Reimbursement (Repealed).

Section 1374.  Free Transportation or Board and Lodging.

Section 1375.  Uneducable Children Provided for by Department of Public Welfare.

Section 1376.  Cost of Tuition and Maintenance of Certain Exceptional Children in Approved Institutions.

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.

Section 1377.  Payment of Cost of Tuition and Maintenance of Certain Children with Disabilities.

Section 1377.1. Transfer of Funds for Transferal Programs.

Section 1377.2. Emergency Permits at Approved Private Schools and Chartered Schools for the Deaf and Blind.

Section 1378.  Medical Care for Children Under Six with Defective Hearing (Repealed).

Section 1379.  Children Under Six with Impaired Hearing; Parent or Guardian Advised of Schools, etc.

Section 1380.  Education of Blind Children Under Eight Years.

Section 1381.  Higher Education for Blind or Deaf Students.

Section 1382.  Period of Instruction.

Section 1383.  Extended Special Education Enrollment Due to COVID-19.

 

(g)  Employment of Children.

 

Section 1391.  Employment of Children Under Eighteen Unlawful Without Employment Certificate or Permit.

Section 1392.  Reports by Employers of Children.

Section 1393.  Posting of Information by Employers of Children.

Section 1394.  Penalties for Violation of Child Labor Requirements.

 

ARTICLE XIII-A

STUDENT SUPPORTS

 

Section 1301-A. Definitions.

Section 1302-A. Student Supports.

Section 1302.1-A. Regulations (Repealed).

Section 1303-A. Reporting (Repealed).

Section 1303.1-A. Policy Relating to Bullying.

Section 1304-A. Sworn Statement.

Section 1305-A. Transfer of Records.

Section 1306-A. Availability of Records.

Section 1307-A. Maintenance of Records.

Section 1308-A. Report (Repealed).

Section 1309-A. Technical Assistance.

Section 1310-A. Safe Schools Advocate in School Districts of the First Class (Repealed).

Section 1311-A. Standing (Repealed).

Section 1312-A. Enforcement (Repealed).

Section 1313-A. Construction of Article and Other Laws (Repealed).

 

ARTICLE XIII-B

SCHOOL SAFETY AND SECURITY

 

Section 1301-B. Definitions.

Section 1302-B. School Safety and Security Committee.

Section 1302.1-B. Duties of committee.

Section 1303-B. School safety and security assessment criteria.

Section 1304-B. School safety and security assessment providers.

Section 1305-B. Survey of school safety and security.

Section 1305.1-B. Survey of School Mental Health Services.

Section 1306-B. School Safety and Security Grant Program.

Section 1306.1-B. Targeted School Safety Grants for Nonpublic Schools and School Entities Program.

Section 1306.2-B. Standardized protocols.

Section 1307-B. Risk and Vulnerability Assessment Teams.

Section 1308-B. (Reserved).

Section 1309-B. School safety and security coordinator.

Section 1310-B. School safety and security training.

Section 1310.1-B. County safe schools' collaborative.

Section 1311-B. Trauma-informed approach.

Section 1312-B. COVID-19 disaster emergency school health and safety grants for 2020-2021 school year.

Section 1313-B. COVID-19 disaster emergency targeted health and safety grants for 2020-2021 school year.

Section 1314-B. School safety and security grants for 2022-2023 school year.

Section 1314.1-B. School safety and mental health grants for 2024-2025 school year.

Section 1315-B. School mental health grants for 2022-2023 school year.

Section 1315.1-B. School mental health grants for 2023-2024 school year.

Section 1316-B. School safety and security coordinator training.

Section 1317-B. School safety and security training in educator, administrator and supervisory preparatory programs.

Section 1318-B. School-based Mental Health Internship Grant Program.

Section 1319-B. Reporting and memorandum of understanding.

Section 1320-B. Safe schools advocate in school districts of the first class.

Section 1321-B. Enforcement.

 

ARTICLE XIII-C

SCHOOL SECURITY

 

Section 1301-C. Definitions.

Section 1302-C. School police officers.

Section 1303-C. Annual report.

Section 1304-C. Oath of office.

Section 1305-C. Training.

Section 1306-C. Powers and duties.

Section 1307-C. Shield or badge required.

Section 1308-C. Compensation.

Section 1309-C. Cooperative police service agreements.

Section 1310-C. Employee status.

Section 1311-C. Independent contractors and third-party vendors.

Section 1312-C. Construction.

Section 1313-C. School resource officers.

Section 1314-C. School security guards.

Section 1315-C. Duties of commission.

Section 1316-C. School security personnel.

Section 1316.1-C. School Security Personnel Restricted Account.

 

ARTICLE XIII-D

SAFE2SAY PROGRAM

 

Section 1301-D. Intent.

Section 1302-D. Definitions.

Section 1303-D. Safe2Say Program.

Section 1304-D. Confidentiality.

Section 1305-D. False reports.

Section 1306-D. Judicial proceeding.

Section 1307-D. Annual report.

 

ARTICLE XIII-E

THREAT ASSESSMENT

 

Section 1301-E. Definitions.

Section 1302-E. Threat assessment teams.

Section 1303-E. Threat assessment guidelines, training and information materials.

 

ARTICLE XIV.

SCHOOL HEALTH SERVICES.

 

Section 1401.  Definitions.

Section 1402.  Health Services.

Section 1403.  Dental Screenings and Dental Hygiene Services.

Section 1403.1. Vision Screening and Examinations.

Section 1404.  Place of Examination; Use of Hospital Facilities.

Section 1405.  Assistance; Presence of Parents.

Section 1406.  Recommendations.

Section 1407.  Examinations by Examiners of Own Choice.

Section 1408.  Reports.

Section 1409.  Confidentiality, Transference and Removal of Health Records.

Section 1410.  Employment of School Health Personnel.

Section 1411.  Cooperation with Political Subdivisions.

Section 1412.  Municipal Civil Service Status Protected.

Section 1413.  Supplemental Duties of School Physicians.

Section 1414.  Care and Treatment of Pupils (Repealed).

Section 1414.1. Possession and Use of Asthma Inhalers and Epinephrine Auto-Injectors.

Section 1414.2. School Access to Emergency Epinephrine.

Section 1414.3. Education of School Employes in Diabetes Care and Management.

Section 1414.4. Diabetes Care in Schools.

Section 1414.5. Possession and Use of Diabetes Medication and Monitoring Equipment.

Section 1414.6. Liability.

Section 1414.7. Coordinating, Supervising or Educating Not Considered Delegation.

Section 1414.8. Diabetes Care in Nonpublic Schools.

Section 1414.9. Administration of Epinephrine Auto-injectors by School Bus Drivers and School Crossing Guards.

Section 1414.10. Sun Protection Measures for Students.

Section 1414.11. Seizure Recognition and Related First Aid Training.

Section 1414.12. Type 1 Diabetes Education Parental Notification.

Section 1415.  Public Assistance for Medical, Dental or Surgical Care.

Section 1416.  Precautions Against Spread of Tuberculosis.

Section 1417.  Pupils Relieved from Compulsory Attendance.

Section 1418.  Medical Examinations of Teachers and Other Persons.

Section 1419.  Objections to Examinations or Treatment on Religious Grounds.

Section 1420.  Examinations of School Buildings and Grounds.

Section 1421.  Powers and Duties of the Secretary of Health and of the Superintendent of Public Instruction; Rules and Regulations.

Section 1422.  Advisory Health Councils.

Section 1422.1. Local Wellness Policy (Repealed).

Section 1422.2. Interagency Coordinating Council for Child Health, Nutrition and Physical Education.

Section 1422.3. Duties of Department of Education.

Section 1423.  Automatic External Defibrillators.

Section 1424.  Cardiopulmonary Resuscitation.

Section 1425.  Sudden Cardiac Arrest and Electrocardiogram Testing.

 

ARTICLE XIV-A

DRUG AND ALCOHOL RECOVERY

HIGH SCHOOL PROGRAM

 

Section 1401-A. Definitions.

Section 1402-A. Establishment of Drug and Alcohol Recovery High School Program.

Section 1403-A. Scope of program and selection of students.

Section 1403.1-A. Enrollment of students.

Section 1404-A. Academic programs.

Section 1405-A. Establishment and payment of tuition.

Section 1406-A. Term of Drug and Alcohol Recovery High School Pilot Program (Repealed).

Section 1407-A. Reporting.

Section 1408-A. Audit required.

 

ARTICLE XIV-B

INNOVATION SCHOOLS PROGRAM

 

Section 1401-B. Definitions.

Section 1402-B. Establishment of Innovation Schools Program.

Section 1403-B. Term of designation.

Section 1404-B. Annual plan and waiver.

Section 1405-B. Conditions of continued designation.

Section 1406-B. Reporting.

 

ARTICLE XV

TERMS AND COURSES OF STUDY

 

(a)  School Terms.

 

Section 1501.  Minimum Number of Days; School Month.

Section 1501.1. Weather Emergency of 1977 (Expired).

Section 1501.2. Weather Emergency of 1978 (Expired).

Section 1501.3. Weather Emergency.

Section 1501.4. Nuclear Emergency of 1979.

Section 1501.5. Weather Emergency of 1985.

Section 1501.6. Weather Emergency of 1994.

Section 1501.7. Weather Emergency of 1996.

Section 1501.8. Pandemic of 2020.

Section 1501.9. Minimum Number of School Days.

Section 1501.10. Optional Year of Education Due to COVID-19.

Section 1502.  Days Schools not to be Kept Open.

Section 1503.  Additional Holidays; Vacations.

Section 1504.  Dates and Times of School Terms and Sessions; Commencement.

Section 1505.  Secretary Declaration of Emergencies.

Section 1506.  Flexible Instructional Days.

 

(b)  Prescribed Courses and Instruction.

 

Section 1511.  Subjects of Instruction; Flag Code.

Section 1511.1. Remedial Programs.

Section 1512.  Courses of Study Adapted to Age, etc. of Pupils.

Section 1512.1. Physical Education.

Section 1513.  Physiology and Hygiene.

Section 1514.  Humane Education.

Section 1515.  Religious Literature.

Section 1516.  Bible Reading in Public Schools.

Section 1516.1. Meditation and Prayer Periods.

Section 1517.  Fire and Emergency Evacuation Drills.

Section 1518.  Test Books and Instruction on Fire Dangers and Prevention Drills.

Section 1519.  Teaching of Safe Driving of Motor Vehicles.

Section 1519.1. Standardized Driver-Education Program.

Section 1520.  American Form of Government to Be Taught (Repealed).

Section 1521.  Limitation of Refusal to Enroll Student.

Section 1522.  Foreign Language Academies (Repealed).

Section 1523.  Pupil's Right of Refusal; Animal Dissection.

Section 1524.  Recognition of American Sign Language Courses.

Section 1525.  Agreements with Institutions of Higher Education.

Section 1525.1. Calculation of Average Daily Membership for a Dual Credit Course.

Section 1526.  Youth Suicide Awareness and Prevention.

Section 1527.  Child Exploitation Awareness Education.

Section 1528.  Cardiopulmonary Resuscitation Education.

 

(c)  Records and Reports.

 

Section 1531.  Grading, Classification and Promotion of Pupils.

Section 1532.  Records and Reports of Pupils; Districts Second, Third and Fourth Class.

Section 1533.  Record of Pupils at Beginning of Term.

Section 1534.  Monthly Reports to School Directors; Districts Second, Third and Fourth Class (Repealed).

 

(d)  Special Instruction and Observances.

 

Section 1541.  Study of Birds, Trees and Conservation of Resources.

Section 1542.  Frances Willard Day.

Section 1543.  William Penn Day.

Section 1544.  Free School Day.

Section 1545.  Bill of Rights Week.

Section 1546.  Release of Pupils for Religious Instruction.

Section 1547.  Alcohol, Chemical and Tobacco Abuse Program.

Section 1548.  Instructional Support.

Section 1549.  Agricultural Education.

Section 1549.1. Commission for Agricultural Education Excellence.

Section 1550.  Firefighter and Emergency Service Training.

Section 1551.  Economic Education and Personal Financial Literacy Programs.

Section 1552.  State Standards for Business, Computer and Information Technology Courses.

Section 1553.  Dating Violence Education.

Section 1554.  Holocaust, Genocide and Human Rights Violations Instruction.

Section 1555.  Moment of Silence on September 11 Anniversary.

 

ARTICLE XV-A

PROJECT LINK TO LEARN

 

Section 1501-A. Legislative Findings.

Section 1502-A. Definitions.

Section 1503-A. Basic Education Grants.

Section 1504-A. Higher Education Funding.

Section 1505-A. Technology Grants for Equipment and Services.

 

ARTICLE XV-B

READ TO SUCCEED PROGRAM

(Repealed)

 

Section 1501-B. Establishment of Program (Repealed).

Section 1502-B. Eligibility Requirements (Repealed).

Section 1503-B. Program Requirements (Repealed).

Section 1504-B. Technical Assistance and Monitoring (Repealed).

Section 1505-B. Reports (Repealed).

 

ARTICLE XV-C

EDUCATION SUPPORT SERVICES AND EDUCATIONAL

ASSISTANCE PROGRAMS

 

Section 1501-C. Definitions.

Section 1502-C. Establishment of Programs.

Section 1503-C. Education Support Services Grant Application and Approval.

Section 1504-C. Powers and Duties of the Department.

Section 1505-C. Providers.

Section 1506-C. Notification of Program.

Section 1507-C. Payment of Educational Support Services Grants.

Section 1508-C. Limitations.

Section 1509-C. Confidentiality.

Section 1510-C. Nontaxable Income.

Section 1511-C. Applicability.

Section 1512-C. Educational Assistance Program.

 

ARTICLE XV-D

EARLY LEARNING PROGRAMS

 

(a)  Head Start Supplemental Assistance Program

 

Section 1501-D. Definitions.

Section 1502-D. Head Start Supplemental Assistance Program.

Section 1503-D. Priority in funding.

Section 1504-D. Annual report.

Section 1505-D. Head Start expansion.

Section 1506-D. Standards.

 

(b)  Pennsylvania Pre-K Counts Program

 

Section 1511-D. Definitions.

Section 1512-D. Establishment of program.

Section 1513-D. Duties of department.

Section 1514-D. Grant awards.

Section 1515-D. Duties of approved providers.

Section 1516-D. Reporting.

Section 1517-D. Quarterly reporting.

 

ARTICLE XV-E

CHARACTER EDUCATION PROGRAM

 

Section 1501-E. Definitions.

Section 1502-E. Character education program.

Section 1503-E. Department duties and powers.

Section 1504-E. Character Education Grant Program.

Section 1505-E. Prohibited instruction.

Section 1506-E. Local control.

 

ARTICLE XV-F

SCIENCE TECHNOLOGY PARTNERSHIPS

 

Section 1501-F. Definitions.

Section 1502-F. Science Technology Partnership Program.

Section 1503-F. Science technology partnerships.

Section 1504-F. Powers and duties of department.

Section 1505-F. Biennial report.

 

ARTICLE XV-G

OPEN CAMPUS INITIATIVES

 

Section 1501-G. Legislative intent

Section 1502-G. Definitions.

Section 1503-G. Open campus initiatives.

Section 1504-G. Cooperative agreements.

Section 1505-G. Reimbursements by the Commonwealth.

Section 1506-G. Parental and public information.

Section 1507-G. Students with disabilities.

Section 1508-G. Collective bargaining.

 

ARTICLE XV-H

ADMINISTRATIVE AND INSTRUCTIONAL PROGRAMMING PARTNERSHIPS

BETWEEN SCHOOL ENTITIES AND FEASIBILITY STUDIES

 

SUBARTICLE A

PRELIMINARY PROVISIONS

 

Section 1501-H. Legislative intent.

Section 1502-H. Definitions.

 

SUBARTICLE B

ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING

AND FEASIBILITY PROVISIONS

 

Section 1511-H. Authorization of administrative partnerships.

Section 1512-H. Instructional programming partnerships authorized.

Section 1513-H. School district feasibility study.

Section 1514-H. Construction.

 

SUBARTICLE C

ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING PARTNERSHIP AND FEASIBILITY STUDIES GRANT PROGRAM

 

Section 1521-H. Establishment.

Section 1522-H. Application.

Section 1523-H. Grant awards.

Section 1524-H. Funds.

Section 1525-H. Technical assistance.

Section 1526-H. Reports by school entities.

Section 1527-H. Reports by department.

 

ARTICLE XV-I

E-CHIEVEMENT PROGRAM

 

Section 1501-I. Scope of article.

Section 1502-I. Definitions.

Section 1503-I. E-chievement Program.

Section 1504-I. Planning grants.

Section 1505-I. Implementation grants.

Section 1506-I. Requirements for hybrid learning.

Section 1507-I. Annual report.

Section 1508-I. Collective bargaining.

Section 1509-I. Grant awards received by school districts.

Section 1510-I. Distribution of funding.

 

ARTICLE XV-J

KEYSTONE TELEPRESENCE EDUCATION GRANT PROGRAM

 

Section 1501-J. Scope of article.

Section 1502-J. Definitions.

Section 1503-J. Keystone Telepresence Education Grant Program.

Section 1504-J. Intermediate unit policies.

Section 1505-J. Use of grants.

Section 1506-J. Reports.

Section 1507-J. Prohibition.

Section 1508-J. Construction.

 

ARTICLE XV-K

TALENT RECRUITMENT

 

Section 1501-K. Scope of article.

Section 1502-K. Definitions.

Section 1503-K. Committee on Education Talent Recruitment.

Section 1504-K. Program of study.

Section 1505-K. Talent Recruitment Account.

Section 1506-K. Talent Recruitment Grant Program.

Section 1507-K. Chief Talent Officer.

Section 1508-K. Reporting.

Section 1509-K. Temporary waiver.

 

ARTICLE XV-L

EDUCATIONAL AND PROFESSIONAL DEVELOPMENT

ONLINE COURSE INITIATIVE

 

Section 1501-L. Definitions.

Section 1502-L. Clearinghouse for online course offerings.

Section 1503-L. School entities.

Section 1504-L. Penalties.

Section 1505-L. Report.

Section 1506-L. Construction.

Section 1507-L. Regulations.

 

ARTICLE XV-M

PURPLE STAR SCHOOL PROGRAM

 

Section 1501-M. Scope of article.

Section 1502-M. Definitions.

Section 1503-M. Purple Star School Program.

Section 1504-M. Qualifications for public schools.

Section 1505-M. Qualifications for nonpublic schools.

Section 1506-M. Regulations.

 

ARTICLE XVI

HIGH SCHOOLS

 

Section 1601.  Types of High Schools; Regulations.

Section 1602.  New High Schools; Additional Years.

Section 1603.  Admission of Pupils.

Section 1604.  Employment of Teachers; Subjects of Study.

Section 1605.  Courses of Study.

Section 1605.1. Assessment of Civic Knowledge.

Section 1606.  Supervision; Reports.

Section 1607.  Attendance in Other Districts.

Section 1607.1. Distressed School Districts and Student Attendance in Other Districts.

Section 1608.  Requirements for Attendance in Other Districts.

Section 1609.  Attendance in Other District when Free Transportation Not Furnished.

Section 1610.  Fitness of Pupils.

Section 1611.  Academic Degrees.

Section 1612.  State Scholarships for Pupils of Secondary Schools (Repealed).

Section 1613.  High School Certificates.

Section 1614.  Participation By Students With Disabilities in High School Graduation Ceremonies.

Section 1615.  Virtual High School Study Commission.

Section 1616.  Wearing of military uniform at graduation ceremony.

 

ARTICLE XVI-A

INTERSCHOLASTIC ATHLETICS ACCOUNTABILITY

 

Section 1601-A. Scope.

Section 1602-A. Definitions.

Section 1603-A. Pennsylvania Athletic Oversight Council.

Section 1604-A. Council Recommendations and Standards.

Section 1605-A. Pennsylvania Athletic Oversight Committee.

 

ARTICLE XVI-B

OPPORTUNITIES FOR EDUCATIONAL

EXCELLENCE

 

(a)  Preliminary Provisions.

 

Section 1601-B. Scope of Article.

Section 1602-B. Definitions.

Section 1603-B. Responsibilities of department and State Board of Education.

Section 1604-B. Faculty.

Section 1605-B. Qualifying courses.

Section 1606-B. Construction of article.

 

(b)  Concurrent Enrollment.

 

Section 1611-B. Responsibilities of school entities.

Section 1612-B. Concurrent enrollment committees (Repealed).

Section 1613-B. Concurrent enrollment agreements.

Section 1614-B. Enrollment in concurrent courses.

Section 1615-B. Credit for concurrent courses.

 

ARTICLE XVI-C

DISCLOSURE OF INTERSCHOLASTIC

ATHLETICS OPPORTUNITIES

 

Section 1601-C. Scope of article.

Section 1602-C. Definitions.

Section 1603-C. Duty to disclose.

Section 1604-C. Department duties.

Section 1605-C. Regulations.

 

ARTICLE XVII

JOINT SCHOOLS AND

DEPARTMENTS

 

Section 1701.  Establishment.

Section 1702.  Raising Funds.

Section 1703.  Written Agreements between Districts.

Section 1704.  Joint Authority of Boards; Title to Property.

Section 1705.  Treasurer; Budget.

Section 1706.  Joint School Treasurer.

Section 1707.  Joint School Committee.

Section 1707.1. Joint School System Operated by Union or Merged School Districts and Other Districts.

Section 1708.  Discontinuance.

Section 1709.  Traveling Expenses at Meetings of Joint Boards or Joint School Committees.

 

ARTICLE XVII-A

CHARTER SCHOOLS

 

(a)  Preliminary Provisions.

 

Section 1701-A. Short Title.

Section 1702-A. Legislative Intent.

Section 1703-A. Definitions.

Section 1704-A. Abolition of Rulemaking.

 

(b)  Charter Schools.

 

Section 1714-A. Powers of Charter Schools.

Section 1715-A. Charter School Requirements.

Section 1716-A. Powers of Board of Trustees.

Section 1716.1-A. Publication of E-mail Addresses for Board of Trustees.

Section 1717-A. Establishment of Charter School.

Section 1718-A. Regional Charter School.

Section 1719-A. Contents of Application.

Section 1720-A. Term and Form of Charter.

Section 1721-A. State Charter School Appeal Board.

Section 1722-A. Facilities.

Section 1723-A. Enrollment.

Section 1724-A. School Staff.

Section 1725-A. Funding for Charter Schools.

Section 1725.1-A. Funding for Cyber Charter Schools.

Section 1726-A. Transportation.

Section 1727-A. Tort Liability.

Section 1728-A. Annual Reports and Assessments.

Section 1729-A. Causes for Nonrenewal or Termination.

Section 1729.1-A. Multiple Charter School Organizations.

Section 1730-A. Desegregation Orders.

Section 1731-A. Charter School Grants.

Section 1732-A. Provisions Applicable to Charter Schools.

 

(c)  Cyber Charter Schools.

 

Section 1741-A. Powers and duties of department.

Section 1742-A. Assessment and evaluation.

Section 1743-A. Cyber charter school requirements and prohibitions.

Section 1744-A. School district and intermediate unit responsibilities.

Section 1745-A. Establishment of cyber charter school.

Section 1746-A. State Charter School Appeal Board review.

Section 1747-A. Cyber charter school application.

Section 1748-A. Enrollment and notification.

Section 1748.1-A. Enrollee wellness checks.

Section 1749-A. Applicability of other provisions of this act and of other acts and regulations.

Section 1750-A. Effect on certain existing charter schools.

Section 1751-A. Regulations.

 

ARTICLE XVII-B

EDUCATION EMPOWERMENT ACT

 

Section 1701-B. Short Title (Expired).

Section 1702-B. Definitions (Expired).

Section 1703-B. Education Empowerment List (Expired).

Section 1704-B. Board of School Directors.

Section 1704.1-B. Superintendent Power to Recommend Dismissal (Expired).

Section 1705-B. Education Empowerment Districts (Expired).

Section 1706-B. Powers and Duties of Board of Control (Expired).

Section 1707-B. Boards of Control for Certain School Districts (Expired).

Section 1708-B. Charter Schools (Expired).

Section 1709-B. School Improvement Grants (Expired).

Section 1710-B. Restoration of Control (Expired).

Section 1711-B. Annual Report to the Governor and General Assembly (Expired).

Section 1712-B. Collective Bargaining (Expired).

Section 1713-B. Desegregation Orders (Expired).

Section 1714-B. Mandate Waiver Program Expired).

Section 1714.1-B. Limitation (Expired).

Section 1715-B. Applicability (Expired).

Section 1716-B. Expiration (Expired).

 

ARTICLE XVII-C

DYSLEXIA AND EARLY LITERACY INTERVENTION PILOT PROGRAM

 

Section 1701-C. Short title of article.

Section 1702-C. Definitions.

Section 1703-C. Establishment.

Section 1704-C. Department responsibilities.

Section 1705-C. School district responsibilities.

 

ARTICLE XVII-D

DISABILITY INCLUSIVE CURRICULUM

 

Section 1701-D. Scope of article.

Section 1702-D. Definitions.

Section 1703-D. Pilot program.

Section 1704-D. Department responsibilities.

Section 1705-D. Pilot program evaluation.

 

ARTICLE XVIII.

CAREER AND TECHNICAL EDUCATION.

 

(a)  School Districts.

 

Section 1801.  Definitions.

Section 1802.  State Board of Career and Technical Education; Executive Officer; Employes.

Section 1803.  Duties of State Board of Career and Technical Education; Reports.

Section 1803.1. Duty of Secretary to Report Annually.

Section 1804.  Schools or Classes; Supervisors; Principals; Instructors, etc. (Repealed).

Section 1805.  Instruction in Theory and Practice.

Section 1806.  Administration by School Districts.

Section 1807.  Joint Career and Technical Schools or Departments.

Section 1808.  Advisory Committees.

Section 1809.  Attendance in Other Districts and Other States; Pupils from Other States.

Section 1810.  Approved Local or Joint Career and Technical Schools; State Reimbursement.

Section 1811.  Estimate of Expenses and Reimbursements; Appropriations (Repealed).

 

(b)  Career and Technical School Districts.

 

Section 1821.  How Constituted (Repealed).

Section 1822.  Boards of Directors of Vocational Schools; Secretary; Treasurer (Repealed).

Section 1823.  Powers and Duties (Repealed).

Section 1824.  Limitation on Powers; Applicability of School Laws (Repealed).

Section 1825.  Levy and Collection of Taxes (Repealed).

Section 1826.  Determination of Need for Vocational Schools (Repealed).

Section 1827.  Action of Board of Directors of Vocational Schools (Repealed).

Section 1828.  Elections on Establishment of Vocational Schools (Repealed).

Section 1829.  Joint Vocational Schools, Departments or Classes (Repealed).

Section 1830.  Rules and Regulations; Pupils from Other Districts (Repealed).

 

(c)  Area Career and Technical Schools and

Technical Institutes.

 

Section 1840.  Definitions (Repealed).

Section 1840.1. Definitions.

Section 1841.  Area Career and Technical Schools and Technical Institutes Authorized.

Section 1842.  Advisory Committees.

Section 1842.1. PAsmart Online Career Resource Center.

Section 1842.2. Workforce Development Program Clearinghouse.

Section 1843.  Powers and Duties of County Boards (Repealed).

Section 1844.  Establishment of Schools and Institutes.

Section 1845.  Cost of Establishment, Etc., Ownership of Property.

Section 1846.  Cost of Maintenance and Operation (Repealed).

Section 1847.  Attendance of Pupils from Nonparticipating Districts.

Section 1848.  State-wide Plan of Area Vocational Technical Schools (Repealed).

Section 1849.  Petitions for Change of Plan.

Section 1850.  Area Vocational Technical Joint School Board Committee (Repealed).

Section 1850.1. Organization and Operation of Schools and Institutes.

Section 1850.2. Operation by Intermediate Unit Board of Directors Acting as an Operating Agent.

Section 1850.3. Operation by a Joint Committee.

Section 1850.4. Capital Reserve Fund for Approved Purchases of Equipment and Facility Maintenance.

Section 1851.  Establishment and Operation by the Department of Education.

Section 1852.  Payment of Shares.

Section 1853.  Contracts to Lease.

Section 1854.  Summer Youth Employment Program.

Section 1855.  Career and Technical Education Equipment Grants.

Section 1856.  Utilization of Credits.

Section 1857.  Cosmetology Training through Career and Technical Center Pilot Program.

Section 1858.  Barber Training through Career and Technical Center Pilot Program.

 

ARTICLE XVIII-A

SCHOOLS-TO-WORK PROGRAM

 

Section 1801-A. Scope of article.

Section 1802-A. Definitions.

Section 1803-A. Schools-to-Work Program.

Section 1804-A. Reporting requirements.

Section 1805-A. Notice of funding.

Section 1806-A. Expiration (Repealed).

 

ARTICLE XIX

EXTENSION EDUCATION AND SPECIAL

SCHOOLS AND CLASSES

 

(a)  Extension Education Generally.

 

Section 1901.  Scope of General Extension Education; Definitions.

Section 1902.  Permissive and Required Fee Extension Education.

Section 1903.  When and Where Provided; Eligibility; Limitations.

Section 1904.  Deposit Fee.

Section 1905.  Certificate or Diploma.

Section 1906.  Part of Public Schools; Standards.

 

(b)  Special Schools and Classes.

 

Section 1921.  Free Evening Schools (Repealed).

Section 1922.  Career and Technical Education for Out-of-School Youth and Adults.

Section 1923.  Teachers of Evening Schools (Repealed).

Section 1924.  Land for Agricultural Schools (Repealed).

Section 1925.  Pupils Less than Six or More than Twenty-one.

Section 1926.  Schools and Classes in Institutions.

 

ARTICLE XIX-A

COMMUNITY COLLEGES

 

Section 1901-A. Definitions.

Section 1902-A. Powers and Duties of State Board of Education.

Section 1903-A. Plans and Procedures for Establishing.

Section 1904-A. Election or Appointment; Term and Organization of Board of Trustees.

Section 1905-A. Powers and Duties of Board of Trustees.

Section 1906-A. Officers of the Community College.

Section 1907-A. Students.

Section 1908-A. Tuition.

Section 1909-A. Taxation.

Section 1910-A. Withdrawal of Sponsorship; Dissolution of Community College.

Section 1911-A. Participation in or Admission to Established Community College.

Section 1912-A. Degrees.

Section 1913-A. Financial Program; Reimbursement of Payments.

Section 1914-A. Dissolution of Certain Community Colleges.

Section 1915-A. Work Force Development Courses.

Section 1916-A. Community College Nonmandated Capital Restricted Account.

Section 1917-A. Community College Capital Fund.

Section 1918-A. Annual Report (Repealed).

 

ARTICLE XIX-B

THADDEUS STEVENS COLLEGE OF TECHNOLOGY

 

Section 1901-B. Short Title.

Section 1902-B. Legislative Intent.

Section 1903-B. Authorization to Continue Operations.

Section 1903.1-B. Appropriations.

Section 1904-B. School Purposes.

Section 1905-B. School Buildings.

Section 1906-B. Board of Trustees.

Section 1906.1-B. Powers and Duties of the Board of Trustees.

Section 1907-B. President of School.

Section 1908-B. Individuals Eligible for Admission.

Section 1909-B. Tuition Students.

Section 1910-B. Rights of Faculty and Staff.

Section 1911-B. Visitation Privileges.

Section 1912-B. Prior References.

Section 1913-B. Acquisition and Disposition of Property.

Section 1913-B.1. Contracts for Construction, Repair, Renovation or Maintenance.

Section 1914-B. Purchasing.

Section 1915-B. Audit and Financial Reports.

Section 1916-B. Annual Report.

Section 1917-B. Definitions.

 

ARTICLE XIX-C

DISRUPTIVE STUDENT PROGRAMS

 

Section 1901-C. Definitions.

Section 1902-C. Applications.

Section 1903-C. Alternative Education Grants.

Section 1904-C. Construction of Article.

Section 1905-C. Retroactivity.

Section 1906-C. Alternative Education Demonstration Grants.

 

ARTICLE XIX-D

COMMUNITY EDUCATION COUNCILS

 

Section 1901-D. Definitions.

Section 1902-D. Powers and Duties of Secretary of Education.

Section 1903-D. Powers and Duties of Community Education Council.

Section 1904-D. Powers and Duties of Board of Directors.

Section 1905-D. State Funding.

 

ARTICLE XIX-E

PRIVATE ALTERNATIVE EDUCATION INSTITUTIONS

FOR DISRUPTIVE STUDENTS

 

Section 1901-E. Definitions.

Section 1902-E. Contracts with Private Alternative Education Institutions.

Section 1903-E. Approval by Department of Education.

 

ARTICLE XIX-F

PENNSYLVANIA TECHNICAL COLLEGE PROGRAM

 

Section 1901-F. Definitions.

Section 1902-F. Pennsylvania Technical College Program.

Section 1903-F. Duties of department.

Section 1904-F. Program requirements.

Section 1905-F. Grant awards.

Section 1906-F. Promulgation of standards.

Section 1907-F. Annual reports.

 

ARTICLE XIX-G

RURAL REGIONAL COLLEGE FOR UNDERSERVED COUNTIES

 

Section 1901-G.  (Reserved).

Section 1901.1-G. Legislative intent.

Section 1901.2-G. Appropriations.

Section 1902-G. Scope of article.

Section 1903-G. Definitions.

Section 1904-G. Designations by secretary.

Section 1905-G. Designation and board of trustees.

Section 1906-G. Establishment.

Section 1907-G. Powers and duties of board of trustees.

Section 1908-G. Officers of rural regional college.

Section 1909-G. Students.

Section 1910-G. Tuition.

Section 1911-G. Dissolution and transition of rural regional college.

Section 1912-G. Degrees.

Section 1913-G. Funding.

Section 1914-G. Financial aid.

Section 1915-G. Regulations.

Section 1916-G. Reports.

Section 1917-G. Transfers of credits.

 

ARTICLE XIX-H

CLASSIFICATION OF PROGRAM CODE

 

Section 1901-H. Definitions.

Section 1902-H. Establishment or renewal of classification of program code.

Section 1903-H. Submission of applications.

Section 1904-H. Notice of approval or denial of applications.

 

ARTICLE XX

STATE COLLEGES

 

Section 2001.  Definitions (Repealed).

Section 2002.  State Colleges and State Universities (Repealed).

Section 2003.  Purpose (Repealed).

Section 2003.1. Board of State College and University Directors (Repealed).

Section 2003.2. Duties of the Board of State College and University Directors with Regard to State Colleges (Repealed).

Section 2003.3. Duties of the Board of State College and University Directors with Regard to State Universities (Repealed).

Section 2004.  Board of Presidents of State Colleges and State Universities (Repealed).

Section 2004.1. Management of State Colleges and State Universities within the Department (Repealed).

Section 2005.  No Religious Tests (Repealed).

Section 2006.  Practice Teaching (Repealed).

Section 2007.  Examinations; Certificates; Diplomas (Repealed).

Section 2008.  Board and Fees (Repealed).

Section 2008.1. Boards of Trustees of State Colleges and Universities (Repealed).

Section 2008.2. Duties of Boards of Trustees of the Several State Colleges (Repealed).

Section 2008.3. Duties of the Boards of Trustees of the Several State Universities (Repealed).

Section 2009.  Vocational Education and Rehabilitation Programs Conversion for Other Purposes, etc. (Repealed).

Section 2010.  Vocational Rehabilitation Education of War Veterans and Defense Workers (Repealed).

Section 2011.  Powers of Superintendent of Public Instruction (Repealed).

Section 2012.  Research Projects, Authority to Accept Grants (Repealed).

Section 2013.  Annual Reports (Repealed).

 

ARTICLE XX-A

THE STATE SYSTEM OF HIGHER EDUCATION

 

Section 2001-A. Definitions.

Section 2002-A. Establishment of the State System of Higher Education and its Institutions.

Section 2003-A. Purposes and General Powers.

Section 2003-A.1. Project Contracts.

Section 2004-A. Board of Governors.

Section 2005-A. The Chancellor.

Section 2006-A. Powers and Duties of the Board of Governors.

Section 2007-A. Commission of Presidents.

Section 2008-A. Councils of Trustees.

Section 2008.1-A. Integrated Councils.

Section 2009-A. Powers and Duties of Councils of Trustees.

Section 2010-A. Power and Duties of Institution Presidents.

Section 2011-A. Rental Fees and Other Charges.

Section 2012-A. Diplomas and Certificates.

Section 2013-A. Teachers' and Employes' Retirement Plans.

Section 2014-A. Nondiscrimination.

Section 2015-A. Annual Audit.

Section 2016-A. Continuation of Powers and Duties.

Section 2017-A. Annual Report (Repealed).

Section 2018-A. Method of Disposition; Consideration by the General Assembly.

Section 2019-A. Campus Police Powers and Duties.

Section 2020-A. Articulation Agreements.

Section 2021-A. Student Records.

Section 2022-A. Grow Pennsylvania Merit Scholarship Program.

 

ARTICLE XX-B

EDUCATIONAL TAX CREDITS

 

Section 2001-B. Scope of article.

Section 2002-B. Definitions.

Section 2003-B. Qualification and application by organizations.

Section 2004-B. Application by business firms.

Section 2005-B. Tax credits.

Section 2006-B. Limitations.

Section 2007-B. Lists.

Section 2008-B. Guidelines.

Section 2009-B. Opportunity scholarships.

Section 2009.1-B. Economically disadvantaged school scholarships.

Section 2010-B. Low-achieving schools.

Section 2011-B. School participation in program.

Section 2012-B. Tuition grants by school districts.

Section 2013-B. Original jurisdiction.

 

ARTICLE XX-C

TRANSFERS OF CREDITS BETWEEN

INSTITUTIONS OF HIGHER EDUCATION

 

Section 2001-C. Definitions.

Section 2002-C. Duties of public institutions of higher education.

Section 2003-C. Duties of institutions of higher education and public schools.

Section 2003.1-C. Guaranteed admission.

Section 2004-C. Transfer and Articulation Oversight Committee.

Section 2005-C. Duties of department.

Section 2006-C. Participation by independent institutions of higher education or State-related institution.

Section 2006.1-C. Participation by State-related institutions.

Section 2007-C. Applicability.

 

Article XX-D

STATE-RELATED UNIVERSITY REPORTING

 

Section 2001-D. Definitions.

Section 2002-D. Reporting Guidelines.

Section 2003-D. Additional Report Requirements.

Section 2004-D. Disclosure.

Section 2005-D. Comparative Analysis and Posting by Commission.

Section 2006-D. Posting of Reports by Department.

 

ARTICLE XX-E

OLDER PENNSYLVANIAN HIGHER EDUCATION PROGRAM

 

Section 2001-E. Definitions.

Section 2002-E. Program guidelines.

 

ARTICLE XX-F

COURSE MATERIALS AT INSTITUTIONS OF HIGHER EDUCATION

 

Section 2001-F. Scope of article.

Section 2002-F. Definitions.

Section 2003-F. Publisher requirements.

Section 2004-F. Faculty members and academic departments.

Section 2005-F. Responsibilities of institutions of higher education.

Section 2006-F. College textbook rental program.

Section 2007-F. Electronic Versions of College Textbooks.

Section 2008-F. College textbook adoption polices.

Section 2009-F. College Textbook Policies Advisory Committee (Repealed).

 

ARTICLE XX-G

SEXUAL VIOLENCE, DATING VIOLENCE,

DOMESTIC VIOLENCE AND STALKING EDUCATION,

PREVENTION AND RESPONSE AT

INSTITUTIONS OF HIGHER EDUCATION

AND PRIVATE LICENSED SCHOOLS

 

Section 2001-G. Scope of Article.

Section 2002-G. Definitions.

Section 2003-G. Education program.

Section 2003.1-G. Consent to sexual activity.

Section 2004-G. Follow-up.

Section 2005-G. Duties of department.

Section 2006-G. Report.

Section 2007-G. Memorandum of understanding.

 

ARTICLE XX-H

HIGHER EDUCATION ACCOUNTABILITY

AND TRANSPARENCY

 

SUBARTICLE A

PRELIMINARY PROVISIONS

 

Section 2001-H. Definitions.

 

SUBARTICLE B

COLLEGE NAVIGATOR

 

Section 2002-H. College Navigator and High Priority Occupations.

Section 2003-H. Comparison tool.

 

SUBARTICLE C

TRANSPARENCY AND ACCOUNTABILITY

 

Section 2004-H. Student fee transparency.

Section 2005-H. Higher education cost transparency.

Section 2006-H. Exit counseling.

 

ARTICLE XX-I

MISCELLANEOUS PROVISIONS RELATING TO

INSTITUTIONS OF HIGHER EDUCATION

 

Section 2001-I. Public Higher Education Funding Commission (Repealed).

Section 2002-I. State-related university performance-based funding model.

Section 2003-I. Prohibition on scholarship displacement at public institutions of higher education.

Section 2004-I. Dual Credit Innovation Grant Program.

 

ARTICLE XX-J

POSTSECONDARY INSTITUTION SEXUAL HARASSMENT AND SEXUAL

VIOLENCE POLICY AND ONLINE REPORTING SYSTEM

 

Section 2001-J. Definitions.

Section 2002-J. Policy for postsecondary institution sexual harassment and sexual violence.

Section 2003-J. Online reporting system.

 

ARTICLE XX-K

INTERCOLLEGIATE ATHLETICS

(Repealed)

 

Section 2001-K. Scope of article (Repealed).

Section 2002-K. Definitions (Repealed).

Section 2003-K. Compensation regarding college student athlete's name, image or likeness rights (Repealed).

Section 2004-K. Professional representation (Repealed).

Section 2005-K. Scholarships (Repealed).

Section 2006-K. Contracts (Repealed).

Section 2007-K. Violations and claims (Repealed).

Section 2008-K. Settlements (Repealed).

Section 2009-K. Severability (Repealed).

 

ARTICLE XX-L

INSTITUTIONS OF HIGHER EDUCATION

 

SUBARTICLE A

PRELIMINARY PROVISIONS

 

Section 2001-L. Definitions.

 

SUBARTICLE B

COORDINATION OF HIGHER EDUCATION

 

Section 2010-L. State Board of Higher Education.

Section 2011-L. Powers and duties of State Board of Higher Education.

Section 2012-L. Annual funding request.

Section 2013-L. Long-term strategic planning.

 

SUBARTICLE C

PERFORMANCE-BASED FUNDING COUNCIL

 

Section 2030-L. Scope of subarticle.

Section 2031-L. Definitions.

Section 2032-L. Performance-based Funding Council.

Section 2033-L. Public institution of higher education reporting.

 

SUBARTICLE D

GROW PENNSYLVANIA SCHOLARSHIP GRANT PROGRAM

 

Section 2050-L. Definitions.

Section 2051-L. Grow Pennsylvania Scholarship Grant Program.

Section 2052-L. Agency duties.

Section 2053-L. Term of grant.

Section 2054-L. Grant priority.

Section 2055-L. Limitations.

Section 2056-L. Termination.

Section 2057-L. Reimbursed and returned money.

Section 2058-L. Exception.

Section 2059-L. Taxation.

Section 2060-L. Construction.

Section 2061-L. Public outreach.

Section 2062-L. Report.

 

ARTICLE XX-M

INTERCOLLEGIATE ATHLETICS

 

Section 2001-M. Scope of article.

Section 2002-M. Definitions.

Section 2003-M. Compensation regarding college student athlete's name, image or likeness rights.

Section 2004-M. Professional representation.

Section 2005-M. Scholarships.

Section 2006-M. Contracts.

Section 2007-M. Violations and claims.

Section 2008-M. Settlements.

Section 2009-M. Severability.

 

ARTICLE XXI

SCHOOL DISTRICTS OF

THE FIRST CLASS

 

Section 2101.  Additional Provisions.

 

(a)  Administration of Schools.

 

Section 2102.  Board of Public Education.

Section 2103.  Board of Public Education; Additional Duties.

Section 2104.  Superintendents of Schools or Buildings and of Supplies.

Section 2105.  Superintendent of Schools; Additional Retirement Allowance.

Section 2106.  Superintendent of Buildings; Additional Retirement Allowance.

Section 2107.  Associate and Assistant District Superintendents.

Section 2108.  Qualifications of Principals and Teachers.

Section 2109.  Board of Examiners of Applicants for Positions.

Section 2110.  Eligible Lists of Persons Qualified to Teach; Appointments.

Section 2111.  Superintendent of Buildings; Duties; Assistants; Plans.

Section 2112.  Janitors.

Section 2113.  Superintendent of Supplies; Duties; Assistants.

Section 2114.  Prohibitions.

 

(b)  Fiscal Affairs.

 

Section 2121.  City Controller to be Elected School Controller; Deputy Controller.

Section 2122.  Oath, Bond, and Compensation of Controller.

Section 2123.  Vacancies.

Section 2124.  Clerks; Stationery, etc. for Controller and Treasurer.

Section 2125.  School Orders.

Section 2126.  Contracts.

Section 2127.  Payment of Contracts; Liability of Controller and his Surety.

Section 2128.  Estimates of Expenses.

Section 2129.  Annual Statement of Finances for Past Year.

Section 2130.  Information for Estimates and Tax Levies.

Section 2131.  Publication of Annual Financial Statements.

Section 2132.  Transfers of Real Estate.

Section 2133.  Budget Reports.

Section 2134.  Placement of Certain Adjudicated Students.

Section 2135.  Transportation of Certain Students.

 

ARTICLE XXII

TEACHERS' AND EMPLOYES'

RETIREMENT FUNDS

 

Section 2201.  Establishment of Funds by Districts.

Section 2202.  Contributions by Employes.

Section 2203.  Representation of Employes.

Section 2204.  Retirement Annuities.

 

ARTICLE XXII-A

MEDICAL EDUCATION LOAN ASSISTANCE

 

(a)  General Provisions.

 

Section 2201-A. Scope.

Section 2202-A. Purpose.

Section 2203-A. Definitions.

 

(b)  Program.

 

Section 2211-A. Pennsylvania Medical Education Loan

Assistance Program.

Section 2212-A. Loan guarantor program.

Section 2213-A. Loan forgiveness program.

Section 2214-A. Tax applicability.

 

(c)  Miscellaneous Provisions.

 

Section 2231-A. Annual report.

Section 2232-A. Appeals.

Section 2233-A. Regulations.

Section 2234-A. Funding.

 

ARTICLE XXII-B

READY-TO-SUCCEED SCHOLARSHIP

 

Section 2201-B. Short title of article.

Section 2202-B. Definitions.

Section 2203-B. Establishment.

Section 2204-B. Agency.

 

ARTICLE XXIII

FUNDING FOR PUBLIC LIBRARIES

 

Section 2301.  Management and Supervision (Repealed).

Section 2302.  Board of Library Trustees; How Constituted (Repealed).

Section 2303.  Appointment; Terms; Vacancies; Officers (Repealed).

Section 2304.  Rules and Regulations; Powers and Duties (Repealed).

Section 2305.  Appropriations; Limitation; Establishment, etc. (Repealed).

Section 2306.  Payment of Money for Libraries (Repealed).

Section 2307.  Aid to Individual or Association Library (Repealed).

Section 2308.  Donations of Books, etc. (Repealed).

Section 2309.  Circulation of Books; Branch Libraries (Repealed).

Section 2310.  Library Hours; Use by Residents of Other Districts (Repealed).

Section 2311.  Audit of Receipts and Expenditures (Repealed).

Section 2312.  Reports to State (Repealed).

Section 2313.  Joint Action of School Districts (Repealed).

Section 2314.  Merger of Library Boards on Consolidation of School Districts; Discontinuance of Library (Repealed).

Section 2315.  Districts Second Class; Library Tax for Support, etc. of Municipal Library (Repealed).

Section 2316.  State aid for certain public libraries (Repealed).

Section 2317.  State Aid for Fiscal Year 2008-2009 (Repealed).

Section 2318.  State Aid for Fiscal Year 2011-2012.

Section 2319.  State Aid for Fiscal Year 2012-2013.

Section 2320.  State Aid for Fiscal Year 2016-2017.

Section 2321.  State Aid for Fiscal Year 2017-2018.

Section 2322.  State Aid for Fiscal Year 2018-2019.

Section 2323.  State Aid for Fiscal Year 2019-2020.

Section 2324.  State Aid for Fiscal Year 2020-2021.

Section 2325.  State Aid for Fiscal Year 2021-2022.

Section 2326.  State Aid for Fiscal Year 2022-2023.

Section 2327.  State aid for fiscal year 2023-2024.

Section 2328.  State Aid for Fiscal Year 2024-2025.

 

ARTICLE XXIII-A

CREDIT CARD MARKETING

 

Section 2301-A. Definitions.

Section 2302-A. Regulation of On-Campus Credit Card Marketing.

Section 2303-A. Construction.

 

ARTICLE XXIV

AUDITING OF SCHOOL FINANCES

 

(a)  General Provisions.

 

Section 2401.  By Whom Audited.

Section 2401.1. Controllers and Auditors Not to be Otherwise Employed by School Districts or Joint School Boards.

Section 2402.  Statements of Accounts, etc.

Section 2403.  Subpoenas; Administering Oaths; Perjury.

Section 2404.  Disobedience to Subpoena; Contempt.

Section 2405.  Witness Fees.

Section 2406.  Audits; Surcharges; Examination of Official Bonds.

Section 2407.  Notice of Surcharges.

Section 2408.  Copies of Reports.

Section 2409.  Employment of Attorneys.

Section 2410.  Investigation of Financial Records by Superintendent of Public Instruction.

 

(b)  School Districts of the First Class.

 

Section 2421.  Duties of Controller.

 

(c)  School Districts of The Second and

Third Classes.

 

Section 2431.  Time of Audit; Filing of Copies.

Section 2432.  Notice of Audit.

Section 2433.  Compensation of Auditors.

 

(d)  School Districts of the Fourth Class.

 

Section 2441.  Time of Audit; Filing Copies; Publication.

Section 2442.  Notice of Audit; Districts not Electing Auditors.

Section 2443.  Compensation of Auditors.

 

(e)  Appeals from Audits; Districts Second,

Third and Fourth Class.

 

Section 2451.  Who May Appeal; Conditions.

Section 2452.  Accounts Investigated De Novo; Burden of Proof; Single Proceeding.

Section 2453.  Procedure; Jury Trials; Appeals to Appellate Courts.

Section 2454.  Judgment; Enforcement; Rights of Taxpayers.

Section 2455.  Surcharges; Judgments; Enforcement.

 

(f)  Accounts of Teachers' Institutes and

School Directors' Associations.

 

Section 2461.  Teachers' Institutes (Repealed).

Section 2462.  School Directors' Association.

 

ARTICLE XXV

REIMBURSEMENTS BY

COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS

 

(a)  Definitions.

 

Section 2501.  Definitions.

 

(b)  Instruction.

 

Section 2502.  Payments on Account of Instruction.

Section 2502.1. Supplemental Payments (Repealed).

Section 2502.2. Payments on Account of Migratory Children.

Section 2502.3. Payments on Account of Poverty (Repealed).

Section 2502.4. Additional Special Assistance Grants on Account of Low Income Families (Repealed).

Section 2502.5. Limitation of Certain Payments.

Section 2502.6. Proportionate Reduction of Payments.

Section 2502.7. Legislative Intent (Repealed).

Section 2502.8. Payments on Account of Pupils Enrolled in Career and Technical Curriculums.

Section 2502.9. Equalized Supplement for Student Learning (Repealed).

Section 2502.10. Temporary Special Aid to School Districts Due to Real Property Reassessments.

Section 2502.11. Economic Supplement.

Section 2502.12. Revised Computations of Certain Payments.

Section 2502.13. Small District Assistance.

Section 2502.14. School Supplement.

Section 2502.15. First Class A School District Supplement.

Section 2502.16. Temporary Special Aid to School Districts Suffering Loss of Tax Revenue Due to Bankruptcy of Businesses in the School District.

Section 2502.17. Low-Expenditure, Low-Wealth Supplement.

Section 2502.18. Low-Expenditure Poverty Supplement.

Section 2502.19. Limitation of Payments.

Section 2502.20. Subsidy Payments.

Section 2502.21. Education Subsidy Base.

Section 2502.22. Equity Supplement.

Section 2502.23. Minimum Effort Base.

Section 2502.24. Foundation Guarantee.

Section 2502.25. Growth Supplement.

Section 2502.26. Limited Revenue Sources Supplement.

Section 2502.27. Discretionary Funds to Assist School Districts Experiencing Extreme Financial Difficulty.

Section 2502.28. Resource Data for Foundation-Based Equity Formula Development.

Section 2502.29. Basic Education Funding.

Section 2502.30. Temporary Special Aid to School Districts (Expired).

Section 2502.31. Basic Education Funding.

Section 2502.32. For Court-Ordered Payments to Woodland Hills School District.

Section 2502.33. Basic Education Funding for 1996-1997 School Year.

Section 2502.34. School Performance Incentives.

Section 2502.35. Basic Education Funding for 1997-1998 School Year.

Section 2502.36. Basic Education Funding for 1998-1999 School Year.

Section 2502.37. Basic Education Funding for 1999-2000 School Year.

Section 2502.38. Minimum per Average Daily Membership Guarantee.

Section 2502.39. Basic Education Funding for 2000-2001 School Year.

Section 2502.40. Basic Education Funding for 2001-2002 School Year.

Section 2502.41. Basic Education Funding for 2002-2003 School Year.

Section 2502.42. Reimbursement of Additional Expenses Related to Basic Education.

Section 2502.43. Basic Education Funding for 2003-2004 School Year.

Section 2502.44. Basic Education Funding for 2004-2005 School Year.

Section 2502.45. Basic Education Funding for 2005-2006 School Year.

Section 2502.46. Funding for Partnership Schools.

Section 2502.47. Basic Education Funding for 2006-2007 School Year.

Section 2502.48. Basic Education Funding for Student Achievement.

Section 2502.49. Accountability to Commonwealth Taxpayers (Repealed).

Section 2502.50. Basic Education Funding for 2010-2011 School Year.

Section 2502.51. Basic Education Funding for 2011-2012 School Year.

Section 2502.52. Basic Education Funding for 2012-2013 School Year.

Section 2502.53. Student-Weighted Basic Education Funding Through 2022-2023 School Year.

Section 2502.54. Supplemental Payment of Basic Education Funding for the 2014-2015 School Year.

Section 2502.55. Level-Up Supplement for 2021-2022 School Year.

Section 2502.56. Student-Weighted Basic Education Funding Beginning with 2023-2024 School Year.

Section 2503.  Payments on Account of Tuition.

Section 2503.1. Minimum Reimbursements to Union and Merged Districts and Jointures (Repealed).

Section 2504.  Payments on Account of Vocational Curriculums (Repealed).

Section 2504.1. Payments on Account of Standardized Driver-Education Programs.

Section 2504.2. Payments on Account of Pupils Enrolled in Area Vocational-Technical Schools (Repealed).

Section 2504.3. Payments on Account of Students Enrolled in Technical Institutes.

Section 2504.4. Payments on Account of Limited English Proficiency Programs.

Section 2505.  Payments on Account of School Nurses (Repealed).

Section 2505.1. State Reimbursement for Health Services.

Section 2506.  Payments on Account of Approved Travel (Repealed).

Section 2506.1. Payments on Account of Approved Adult Program Travel.

Section 2507.  Payments on Account of Approved Career and Technical Extension Classes and Pre-employment Training.

Section 2508.  Distribution of Unencumbered Funds for Career and Technical Education.

Section 2508.1. Payment on Account of Equipment Purchased for Area Career and Technical Schools and Technical Institutes.

Section 2508.2. Payments on Account of Area Vocational-Technical Schools and Technical Institutes (Repealed).

Section 2508.3. Payments for Career and Technical Training of Recipients of Public Assistance and Unemployment Compensation.

Section 2508.4. Payments on Account of Improvements and Additions in Career and Technical Curriculums.

Section 2508.5. Payment on Account of Equipment Purchased for Area Career and Technical Schools and School Districts.

Section 2509.  Payments on Account of Courses for Children with Disabilities.

Section 2509.1. Payments to Intermediate Units.

Section 2509.2. Payment on Account of Transportation Classes and Schools for Children of Migrant Laborers.

Section 2509.3. Payments on Account of Transportation of Nonpublic School Pupils.

Section 2509.4. Payments on Account of Special Education Services.

Section 2509.5. Special Education Payments to School Districts.

Section 2509.6. Average Cost Guarantee.

Section 2509.7. Minimum Guarantee.

Section 2509.8. Extraordinary Special Education Program Expenses.

Section 2509.9. Special Education Payments to Intermediate Units and School Districts for 1992-1993.

Section 2509.10. Special Education Payment Adjustments for 1992-1993 School Year.

Section 2509.11. Eligible Young Children.

Section 2509.12. Special Education Community Support Services.

Section 2509.13. Special Education Funding for Student Achievement and Instruction of Eligible Students.

Section 2509.14. Special Education Funding for Eligible Students with Disabilities in Cost Category 3 (Repealed).

Section 2509.15. Special Education Accountability.

Section 2509.16. Data Collection.

Section 2509.17. Protections.

Section 2510.  Payments on Account of Extension Classes and Instruction of Home Bound Children (Repealed).

Section 2510.1. Payments on Account of Homebound Children.

Section 2510.2. Assistance to School Districts Certified as Education Empowerment Districts.

Section 2510.3. Assistance to School Districts Declared to be in Financial Recovery Status or Identified for Financial Watch Status.

Section 2511.  Payments on Account of Closed Schools (Repealed).

Section 2511.1. Payments on Account of Obligations to State Public School Building Authority (Repealed).

Section 2512.  Certificates of Attendance Data.

Section 2513.  Certificates of Teacher Data.

Section 2513.1. Certificates of Expenditures for Career and Technical Schools.

Section 2514.  Certificates of Assessed Valuations.

Section 2514.1. Personal Income Valuation Information and Determinations.

Section 2515.  Ascertainment of Amounts Required; Apportionment.

Section 2516.  Certification of Amounts.

Section 2517.  Payments.

Section 2518.  Forfeitures for Employing Improperly Certified Individuals.

Section 2519.  Withholding Payments for Failure to Pay Minimum Salaries and Increments.

Section 2520.  Payments on Account of Increase in Number of Pupils and Additional Closed Schools (Repealed).

Section 2521.  Errors in Certificates.

Section 2522.  Payments to School Treasurer; Use.

Section 2523.  Schools Closed on Account of Contagious Disease, etc.

Section 2524.  Penalty for Falsifying Reimbursement Reports.

Section 2525.  Audio-Visual Libraries and Instructional Materials Centers.

Section 2526.  Reduction of Payments Prohibited.

Section 2526.1. Budget Stabilization Plan Progress Report.

 

(c)  Pupil Transportation.

 

Section 2541.  Payments on Account of Pupil Transportation.

Section 2542.  Board and Lodging in Lieu of Transportation.

Section 2543.  Sworn Statement of Amount Expended for

Reimbursable Transportation; Payment; Withholding.

 

(d)  All Appropriations.

 

Section 2551.  Unused Appropriations.

Section 2552.  Withholding State Appropriations.

Section 2552.1. Effect of Failure to File Reports.

Section 2553.  Audits and Verifications of Rights to

Reimbursements.

 

(e)  Reimbursements Between School Districts.

 

Section 2561.  Tuition Charges for Pupils of Other Districts.

Section 2562.  Payments by Districts for Pupils Attending in Other Districts.

Section 2563.  Certification of Pupils Admitted from Other Districts; Monthly Payments.

Section 2564.  Deductions from State Appropriations.

Section 2565.  Sewer Charge or Rental, Districts Fourth Class.

 

(f)  School Building Rentals and

Sinking Fund Charges.

 

Section 2571.  Standard Reimbursement Fraction for School Building Rentals and Sinking Fund Charges (Repealed).

Section 2572.  State Public School Building Authority and Municipality Authority and Nonprofit Corporation Leases Heretofore Approved.

Section 2573.  Municipality Authority and Nonprofit Corporation Leases Heretofore Approved (Repealed).

Section 2574.  Approved Reimbursable Rental for Leases Hereafter Approved and Approved Reimbursable Sinking Fund Charges on Indebtedness.

Section 2574.1. Payments on Account of Building Site Costs.

Section 2574.2. Approved Reimbursable Annual Rental for Leases of Buildings and Facilities for School Use.

Section 2574.3. Approved Reimbursable Annual Rental for Leases of Buildings or Portions of Buildings for Charter School Use.

Section 2575.  Payments on Account of Leases Hereafter Approved and on Account of Sinking Fund Charges on Indebtedness for School Buildings Hereafter Constructed.

Section 2575.1. Payments on Account of Building Costs.

Section 2575.2. Payments on Account of Approved Rental for Leases of Buildings and Facilities for School Use.

Section 2576.  Approval of Department of Public Instruction.

Section 2577.  Limitations on Approval of Projects for Reimbursement Purposes.

Section 2578.  Payments.

Section 2578.1. Payments to School Districts Because of Density Factor.

Section 2579.  Inspection of Projects by Department of Public Instruction.

Section 2580.  Changes in the Amount of Lease Rentals.

 

(g)  Payments to Joint School Boards

or Joint School Committees.

 

Section 2585.  Payments to Joint School Boards or Joint School Committees.

 

(h)  Additional Payments.

 

Section 2591.  Additional Payments (Repealed).

Section 2591.1. Commonwealth Reimbursements for Charter Schools and Cyber Charter Schools.

Section 2592.  Guaranteed Payment (Repealed).

Section 2593.  Responsibility for Career and Technical Programs.

Section 2594.  Special Payments on Account of Minimum Salary

Increases.

Section 2595.  School Performance Incentives.

Section 2596.  Special Study on the Revenue Impact of Out-of-State Tax Credits (Repealed).

Section 2597.  Distance Learning Grants (Repealed).

Section 2597.1. Education Mentoring and School Dropout Prevention Programs.

Section 2597.2. Program Establishment.

Section 2597.3. Eligible Grant Applicants.

Section 2597.4. Program Requirements.

Section 2597.5. Criteria for Awarding Grants.

Section 2597.6. Duties and Responsibilities of the Secretary of Education.

Section 2598.  Charter Schools Grants (Repealed).

Section 2599.  Administrative/Instructional Consolidation Incentives (Repealed).

Section 2599.1. Multipurpose Service Center Grant Program.

Section 2599.2. Pennsylvania Accountability Grants.

Section 2599.3. Statewide Costing-out Study.

Section 2599.4. Targeted Industry Cluster Certificate Scholarship Program.

Section 2599.5. Distance Education Program (Expired).

Section 2599.6. Ready-to-Learn Block Grant.

Section 2599.7. Payment of Required Contribution for Public School Employes' Social Security.

Section 2599.8. Advanced Placement and International Baccalaureate Exam Fees.

 

ARTICLE XXV-A

KEYSTONE EDUCATIONAL ACCOUNTABILITY

 

Section 2501-A. Scope.

Section 2502-A. Purpose.

Section 2503-A. Definitions.

Section 2504-A. Establishment.

Section 2505-A. Best Financial Management Practices Standards.

Section 2506-A. Review Process.

Section 2507-A. State Certification as a Keystone District.

Section 2508-A. Failure to meet best Financial Management Practices Standards.

Section 2509-A. Duties of Department.

Section 2510-A. Revocation of Certification.

Section 2511-A. Cost Savings.

 

ARTICLE XXVI

STATE SCHOOL FUND

 

Section 2601.  How Constituted (Repealed).

Section 2602.  Management and Custody.

Section 2603.  Investments.

Section 2604.  Use of Fund Appropriation.

Section 2605.  Payments; How Made (Repealed).

Section 2606.  Reports of Condition of Fund.

Section 2607.  Refunds of Escheated Estates; Appropriation (Repealed).

 

ARTICLE XXVI-A

SURPLUS GRANTS

 

Section 2601-A. Legislative Findings.

Section 2602-A. Definitions.

Section 2603-A. Certification of Recipients.

Section 2604-A. Surplus Grants.

Section 2605-A. Use of Moneys.

Section 2606-A. Forfeiture.

Section 2607-A. Expiration.

 

ARTICLE XXVI-B

THE STATE BOARD OF EDUCATION

 

Section 2601-B. Definitions.

Section 2602-B. Membership.

Section 2603-B. Powers and Duties of the Board.

Section 2604-B. Powers and Duties of Council of Basic Education and Council of Higher Education.

Section 2605-B. Reports and Recommendations.

Section 2606-B. Cooperation Between the Board and the Department  of Education.

 

ARTICLE XXVI-C

INSTITUTIONAL EQUIPMENT GRANTS

(Expired)

 

Section 2601-C. Definitions (Expired).

Section 2602-C. Certification of Recipients (Expired).

Section 2603-C. Institutional Equipment Grants (Expired).

Section 2604-C. Use of Moneys (Expired).

Section 2605-C. Forfeiture (Expired).

Section 2606-C. Expiration (Expired).

 

ARTICLE XXVI-D

EQUIPMENT GRANTS

(Expired)

 

Section 2601-D. Definitions (Expired).

Section 2602-D. Certification of Recipients (Expired).

Section 2603-D. Institutional Equipment Grants (Expired).

Section 2604-D. Use of Moneys (Expired).

Section 2605-D. Forfeiture (Expired).

Section 2606-D. Expiration (Expired).

 

ARTICLE XXVI-E

EQUIPMENT GRANTS

(Expired)

 

Section 2601-E. Definitions (Expired).

Section 2602-E. Certification of Recipients (Expired).

Section 2603-E. Institutional Equipment Grants (Expired).

Section 2604-E. Use of Moneys (Expired).

Section 2605-E. Forfeiture (Expired).

Section 2606-E. Satisfaction of Expenditure Requirements (Expired).

Section 2607-E. Expiration (Expired).

 

ARTICLE XXVI-F

EQUIPMENT GRANTS

(Expired)

 

Section 2601-F. Definitions (Expired).

Section 2602-F. Certification of Recipients (Expired).

Section 2603-F. Institutional Equipment Grants (Expired).

Section 2604-F. Use of Moneys (Expired).

Section 2605-F. Forfeiture (Expired).

Section 2606-F. Expiration (Expired).

 

ARTICLE XXVI-G

GRADUATE OPPORTUNITY FUND

 

Section 2601-G. Graduate Opportunity Fund.

 

ARTICLE XXVI-H

POST-SECONDARY DEGREES

 

Section 2601-H. Power to Confer Degrees.

 

ARTICLE XXVI-I

TEACHER RECRUITMENT ASSISTANCE

 

Section 2601-I. Definitions.

Section 2602-I. Teacher Recruitment Assistance Program.

Section 2603-I. Teacher Recruitment Assistance.

Section 2604-I. Loan Forgiveness Awards.

 

ARTICLE XXVI-J

CONSTRUCTION AND RENOVATION OF BUILDINGS

BY SCHOOL ENTITIES

 

Section 2601-J. Definitions.

Section 2602-J. School construction and renovation approval process.

Section 2603-J. High-performance building standards.

Section 2604-J. Maintenance program.

Section 2605-J. Building condition assessments.

Section 2606-J. Project reimbursement.

Section 2607-J. School entity education.

Section 2608-J. Applicability.

Section 2609-J. Guidelines.

 

ARTICLE XXVI-K

FOSTERING INDEPENDENCE THROUGH EDUCATION

 

Section 2601-K. Definitions.

Section 2602-K. Fostering independence waiver program.

Section 2603-K. Outreach.

Section 2604-K. Point of contact.

Section 2605-K. Report.

 

ARTICLE XXVI-L

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM

 

Section 2601-L. Definitions.

Section 2602-L. School Environmental Repairs Program Restricted Account.

Section 2603-L. School Environmental Repairs Program.

 

ARTICLE XXVII

REPEALS

 

Section 2701.  Specific Repeals.

Section 2702.  General Repeal.

19490014uh

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

19490014u101h

 

ARTICLE I.

PRELIMINARY PROVISIONS.

 

19490014u101s

Section 101.  Short Title and Effective Date.--This act shall be known and may be cited as the "Public School Code of 1949." The provisions thereof shall become effective on the first day of July, one thousand nine hundred forty-nine, except in so far as they affect school districts of the first class. In so far as they affect school districts of the first class, the provisions of this act shall become effective on the first day of January, one thousand nine hundred fifty.

19490014u102s

Section 102.  Definitions.--When used in this act the following words and phrases shall have the following meanings:

"Academic performance target."  A percentage of students in a school or school district required to score at a level equal to or above proficient in those subject areas assessed through a PSSA test and required under the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) in order to achieve adequate yearly progress pursuant to 22 Pa. Code § 403.3 (relating to single accountability system).

"Adequate yearly progress" or "AYP."  Adequate yearly progress as defined by section 1111(b)(2)(C) of the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) and in 22 Pa. Code §§ 403.2 (relating to definitions) and 403.3 (relating to single accountability system).

"Board of school directors."  Includes the board of public education in school districts of the first class except where specifically limited to school districts of other classes.

"Corrective action."  Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability system) indicating that a school or school district failed to meet adequate yearly progress for four or more consecutive years and requiring development of a corrective action plan.

"Dyslexia."  A condition that is characterized by difficulty with accurate or fluent word recognition and by poor spelling and decoding abilities, which characteristics typically result from a deficit in one or more processes related to the phonological component of language, that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction and that may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge. (Def. added June 19, 2018, P.L.237, No.37)

"Keystone Exam."  An assessment developed or caused to be developed by the Department of Education pursuant to 22 Pa. Code § 4.51(f) (relating to State assessment system). (Def. added June 30, 2012, P.L.684, No.82)

"No Child Left Behind Act of 2001."  The No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

"Official visitor."  Includes the Governor, Lieutenant Governor, members of the Senate and the House of Representatives, the Secretary of Education and members of the State Board of Education.

"Pennsylvania System of School Assessment test" or "PSSA test."  A test developed and implemented by the Department of Education to determine only academic achievement relating to objective academic standards in the areas of reading, writing, mathematics and science and which test is so developed and implemented as necessary to comply with Federal law.

"Proficient."  The attainment of performance levels in those subject areas assessed through the Pennsylvania System of School Assessment test and required under the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) that have been approved by the State Board of Education to reflect satisfactory academic performance.

"School district."  Includes school districts of all classes except where specifically limited to districts of a particular class or classes.

"School improvement."  Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability system) indicating a school or school district has failed to make adequate yearly progress for two consecutive years and needs improvement.

"School term."  The period of time elapsing between the opening of the public schools in the fall of one year and the closing of the public schools in the spring of the following year.

"School year."  The period of time elapsing in school districts of the first class between the first day of January and the 31st day of December of any year and in school districts of all other classes between the first day of July of one year and the 30th day of June of the following year. Effective July 1, 1997, for the 1997-1998 school year and each school year thereafter, school districts with a year-round education program may submit a request to the Secretary of Education for approval or disapproval to extend the school year until August 15 for the purpose of determining average daily memberships for students whose 180 days of instruction continue into the summer months.

"Trauma."  Includes results from an event, series of events or set of circumstances that is experienced by an individual as physically or emotionally harmful or threatening and that has lasting adverse effects on the individual's cognitive functioning and physical, social, emotional, mental or spiritual well-being. (Def. added June 28, 2019, P.L.146, No.18)

"Trauma-informed approach."  Includes a school-wide approach to education and a classroom-based approach to student learning that recognizes the signs and symptoms of trauma and responds by fully integrating knowledge about trauma into policies, professional learning, procedures and practices for the purposes of recognizing the presence and onset of trauma, resisting the reoccurrence of trauma and promoting resiliency tailored to a school entity's culture, climate and demographics and the community as a whole. (Def. added June 28, 2019, P.L.146, No.18)

"Warning."  Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability system) indicating that a school or school district has failed to make its academic performance targets for one year.

(102 amended Dec. 23, 2003, P.L.304, No.48)

19490014u103s

Section 103.  Excluded Provisions.--This act does not include any provisions of, and shall not be construed to repeal:

(1)  The Public School Employes Retirement Law, approved the eighteenth day of July, one thousand nine hundred seventeen (Pamphlet Laws 1043). ((1) amended Sept. 28, 1951, P.L.1551, No.395)

(2)  The Municipal Claim and Tax Lien Law, approved the sixteenth day of May, one thousand nine hundred twenty-three (Pamphlet Laws 207).

(3)  "The Administrative Code of 1929", approved the ninth day of April, one thousand nine hundred twenty-nine (Pamphlet Laws 177).

(4)  "The Vehicle Code", approved the first day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 905).

(5)  The Delinquent Tax Sales Act of 1931, approved the twenty-ninth day of May, one thousand nine hundred thirty-one (Pamphlet Laws 280).

(6)  The "Municipal Borrowing Law", approved the twenty-fifth day of June, one thousand nine hundred forty-one (Pamphlet Laws 159).

(7)  The "Local Tax Collection Law", approved the twenty-fifth day of May, one thousand nine hundred forty-five (Pamphlet Laws 1050).

(8)  The "Real Estate Tax Sale Law", approved the seventh day of July, one thousand nine hundred forty-seven (Pamphlet Laws 1368).

(9)  The Act Relating to Strikes by Public Employes, approved the thirtieth day of June, one thousand nine hundred forty-seven (Pamphlet Laws 1183).

(10)  Any law relating to elections.

(11)  Any temporary law.

(12)  Any law validating past actions or proceedings.

(13)  Any amendment or supplement of any of the laws referred to in this section.

19490014u104s

Section 104.  Saving Clause.--The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this act of any act of Assembly or part thereof shall not revive any act or part thereof heretofore repealed or superseded nor affect the existence or class of any school district heretofore created. The provisions of this act shall not affect the title to, or ownership of, any property, real or personal, vested prior to the effective date of this act. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of such repealed laws. All rules and regulations made pursuant to any act of Assembly repealed by this act shall continue with the same force and effect as if such act had not been repealed. Any person holding office under any act of Assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act.

19490014u105s

Section 105.  Right of Appeal Saved.--Except as herein otherwise provided, nothing in this act contained shall be held to preclude the right of appeal in actions arising under this act from any court wherein such action shall be brought.

19490014u106s

Section 106.  Publication of Notices, etc.; Proofs of Publication.--(a)  Whenever, under the provisions of this act, notice is required to be published in one newspaper, such publication shall be made in a newspaper of general circulation as defined by the "Newspaper Advertising Act" of May sixteen, one thousand nine hundred twenty-nine (Pamphlet Laws 1784), printed in the county, unless the matter in connection with which the advertising is being done affects only a school district, in which case such advertisement shall be published in a newspaper printed in such school district, if there is such a newspaper, and if not, then in a newspaper circulating generally in such school district. If such notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, defined as aforesaid, printed, if there be such a newspaper, or circulating generally, as above provided, in the school district.

(b)  When such notice relates to any proceeding or matter in any court, or the holding of an election for the increase of indebtedness, or the issue and sale of bonds to be paid by taxation, such notice, in each school district, shall also be published in the legal newspaper, if any, designated by the rules of court of the proper county for the publication of legal notices and advertisements: Provided, That auditors' statements, summaries of auditors' statements, advertisements inviting proposals for public contracts and for bids for materials and supplies, or lists of delinquent taxpayers, shall be published only in newspapers of general circulation, defined as aforesaid.

(c)  Proof of publication of any notice required to be given by the posting of handbills or statements shall be made by attaching an original copy of such handbill or statement as actually printed and posted to an affidavit made by the person posting such notice. Such affiant shall not be an interested party or an employe of any person or persons interested in the subject matter of said notice. His affidavit shall state where and when the notices were posted and where the notice was published in newspapers, as aforesaid. A printed copy, exactly as published in said newspaper, shall be securely attached to a similar affidavit of the publisher or his designated agent.

19490014u107s

Section 107.  Compensation for Services or Additional Services.--Where, by the provisions of this act, any services or additional services are imposed upon any public official for which no compensation is provided, the board of school directors of the proper district may, unless such service is required to be performed without compensation, pay out of the funds of the district such reasonable compensation for such service or additional service as it may determine, subject to the provisions of this act.

19490014u108s

Section 108.  Religious or Political Tests, etc., Prohibited.--No religious or political test or qualification shall be required of any director, visitor, superintendent, teacher, or other officer, appointee, or employe in the public schools of this Commonwealth.

19490014u109s

Section 109.  Disposition of Fines.--All fines that are imposed and collected under any of the provisions of this act shall be paid to the treasurer of the proper school district, or, when the proper school district cannot be determined, into the State School Fund.

19490014u110s

Section 110.  Official Visitors Access to Public Schools.--An official visitor shall have access to and may not be denied access to any public school in the Commonwealth at any time.

(110 added May 11, 1982, P.L.396, No.115)

19490014u111s

Section 111.  Criminal History of Employes and Prospective Employes; Conviction of Certain Offenses. (Hdg. amended June 30, 2012, P.L.684, No.82)--(a)  ((a) expired March 31, 2007. See Act 114 of 2006.)

(a.1)  Beginning April 1, 2007, this section shall apply to all current and prospective employes of public and private schools, intermediate units and area career and technical schools, including, but not limited to, teachers, substitutes, janitors, cafeteria workers, independent contractors and their employes, except those employes and independent contractors and their employes who have no direct contact with children. (Intro. par. amended Oct. 30, 2019, P.L.460, No.76)

(1)  Beginning April 1, 2007, this section shall apply to bus drivers employed or offered employment by a school district, private school, nonpublic school, intermediate unit or area career and technical school or by an independent contractor. ((1) amended Oct. 30, 2019, P.L.460, No.76)

(2)  Beginning April 1, 2007, this section shall apply to student teachers and student teacher candidates assigned to all public and private schools, intermediate units and area career and technical schools. ((2) amended Oct. 30, 2019, P.L.460, No.76)

(3)  For purposes of this section, "student teacher" or "student teacher candidate" shall mean an individual participating in a classroom teaching, internship, clinical or field experience who, as part of a program for the initial or advanced preparation of professional educators, performs classroom teaching or assists in the education program in a public or private school, intermediate unit or area career and technical school under the supervision of educator preparation program faculty. ((3) amended Oct. 30, 2019, P.L.460, No.76)

(4)  Prior to a student teacher or student teacher candidate's participation in any classroom teaching, internship, clinical or field experience, the student teacher or student teacher candidate shall provide to the administrator of his or her educator preparation program all criminal history record information required of an employe or prospective employe who is subject to this section.

(5)  A student teacher or student teacher candidate may not participate in any classroom teaching, internship, clinical or field experience if this section would prohibit an employe or prospective employe subject to this section from being employed under those circumstances.

(6)  During the course of a student teacher or student teacher candidate's participation in an educator preparation program, the administrator of the student teacher or student teacher candidate's educator preparation program shall maintain a copy of the criminal history record information that was provided by the student teacher or student teacher candidate. The penalty provisions of subsection (g) shall be applicable to the administrator of a student teacher or student teacher candidate's educator preparation program.

(7)  If a student teacher or student teacher candidate is continuously enrolled in an educator preparation program, the criminal history record information initially submitted by the student teacher or student teacher candidate to that program shall remain valid during that period of enrollment, subject to the requirements of subsection (j). If a student teacher or student teacher candidate's enrollment in an educator preparation program is interrupted or if the student teacher or student teacher candidate transfers to another educator preparation program, the student teacher or student teacher candidate shall provide to the administrator of his or her educator preparation program all criminal history record information required of an employe who is subject to this section.

((a.1) amended June 30, 2012, P.L.684, No.82)

(b)  Administrators of public and private schools, intermediate units and area career and technical schools shall require prospective employes to submit with their employment application, pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person. Such report of criminal history record information shall be no more than five (5) years old. An applicant may submit a copy of the required information with the application for employment. Administrators shall maintain a copy of the required information. Administrators shall require contractors to produce a report of criminal history record information for each prospective employe of such contractor prior to employment. A copy of the report of criminal history record information from the Pennsylvania State Police shall be made available to the applicant in a manner prescribed by the Department of Education.((b) amended Oct. 30, 2019, P.L.460, No.76)

(c)  ((c) expired March 31, 2007. See Act 114 of 2006.)

(c.1)  Beginning April 1, 2007, administrators shall maintain on file with the application for employment a copy of the Federal criminal history record in a manner prescribed by the Department of Education. At a minimum, the Department of Education shall prescribe a method for applicants to submit a set of fingerprints to be transmitted to the Federal Bureau of Investigation for Federal criminal history record information pursuant to the applicable Federal law. The Federal criminal history record information report shall be no more than five (5) years old. Administrators shall maintain a copy of the required information and shall require each applicant to secure a Federal criminal history record information report that may not be more than five (5) years old at the time of employment. A copy of the Federal criminal history record information report shall be made available to the applicant in a manner prescribed by the Department of Education. ((c.1) amended Feb. 16, 2016, P.L.6, No.4)

(c.2)  The provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general regulations) shall not apply if the request is made pursuant to this section. ((c.2) added July 9, 2008, P.L.846, No.61)

(c.3)  In accordance with 23 Pa.C.S. § 6344.4 (relating to recertification), administrators shall require the persons subject to this section to obtain the reports described in subsections (b) and (c.1) and under 23 Pa.C.S. § 6344(b)(2) (relating to employees having contact with children; adoptive and foster parents) on a renewed basis every sixty (60) months. Any person subject to this section who has previously not been required to obtain the reports required by subsections (b) and (c.1) and under 23 Pa.C.S. § 6344(b)(2) on account of service prior to April 1, 2007, shall be required to obtain such reports no later than December 31, 2015. The administrator shall review the reports and determine if the reports disclose information that may require further action. The administrator shall maintain a copy of the required reports. ((c.3) added Feb. 16, 2016, P.L.6, No.4)

(c.4)  To the extent permitted by 23 Pa.C.S. § 6344.3(f)(relating to continued employment or participation in program, activity or service), an administrator may accept the reports identified in 23 Pa.C.S. § 6344(b)(1) and (3) obtained for employment requirements pursuant to 23 Pa.C.S. § 6344 in satisfaction of the requirements of subsections (b) and (c.1), provided that the reports are not more than sixty (60) months old and the applicant provides the administrator with the report described in subsection (j)(1) indicating that the individual has not been disqualified from employment pursuant to subsection (e) or (f.1). The applicant shall also provide an attestation that the applicant has not been disqualified for employment under 23 Pa.C.S. § 6344(c)(1). The administrator shall review the reports and determine if the reports disclose information that may require further action and shall maintain a copy of the required reports. ((c.4) added Feb. 16, 2016, P.L.6, No.4)

(d)  The State Board of Education shall, in the manner provided by law, promulgate the regulations necessary to carry out this section. The regulations shall provide for the confidentiality of criminal history record information obtained pursuant to this act.

(e)  No person subject to this act shall be employed or remain employed in a public or private school, intermediate unit or area career and technical school where a report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted of any of the following offenses:  (Intro. par. amended Oct. 30, 2019, P.L.460, No.76)

(1)  An offense under one or more of the following provisions of Title 18 of the Pennsylvania Consolidated Statutes:

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor vehicle or structure).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 3129 (relating to sexual intercourse with animal).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of children).

Section 4305 (relating to dealing in infant children).

A felony offense under section 5902(b) (relating to prostitution and related offenses).

Section 5903(c) or (d) (relating to obscene and other sexual materials and performances).

Section 6301(a)(1) (relating to corruption of minors).

Section 6312 (relating to sexual abuse of children).

Section 6318 (relating to unlawful contact with minor).

Section 6319 (relating to solicitation of minors to traffic drugs).

Section 6320 (relating to sexual exploitation of children).

(2)  An offense designated as a felony under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act."

(3)  An offense similar in nature to those crimes listed in clauses (1) and (2) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

((e) amended June 30, 2012, P.L.684, No.82)

(f)  ((f) deleted by amendment June 30, 2011, P.L.112, No.24)

(f.1)  (1)  If a report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted of an offense graded as a felony offense of the first, second or third degree other than one of the offenses enumerated under subsection (e), the person shall be eligible for continued or prospective employment only if a period of ten years has elapsed from the date of expiration of the sentence for the offense.

(2)  If a report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted of an offense graded as a misdemeanor of the first degree, other than one of the offenses enumerated in subsection (e), the person shall be eligible for continued or prospective employment only if a period of five years has elapsed from the date of expiration of the sentence for the offense.

(3)  If the report of criminal history record information or a form submitted by an employe under subsection (j) indicates the person has been convicted more than once for an offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to driving under influence of alcohol or controlled substance) and the offense is graded as a misdemeanor of the first degree under 75 Pa.C.S. § 3803 (relating to grading), the person shall be eligible for current or prospective employment only if a period of three years has elapsed from the date of expiration of the sentence for the most recent offense.

((f.1) amended June 30, 2012, P.L.684, No.82)

(f.2)  Nothing in this section shall be construed to interfere with the ability of a public or private school, intermediate unit or area career and technical school to make employment, discipline or termination decisions, provided that this subsection shall not be construed to conflict with subsection (e), (f.1) or (j)(6). ((f.2) amended Oct. 30, 2019, P.L.460, No.76)

(g)  An administrator, or other person responsible for employment decisions in a school or other institution under this section who wilfully fails to comply with the provisions of this section commits a violation of this act and shall be subject to civil penalty as provided in this section.

(1)  The department shall have jurisdiction to determine violators of this section and may, following a hearing, assess a civil penalty not to exceed two thousand five hundred dollars ($2,500).

(2)  The civil penalty shall be payable to the Commonwealth.

(h)  Subject to the requirements of subsection (j), any person who has once obtained the information required under subsections (b), (c) and (c.1) may transfer to or provide services to another school in the same district, diocese or religious judicatory or established and supervised by the same organization and shall not be required to obtain additional reports before making such transfer. ((h) amended June 30, 2012, P.L.684, No.82)

(i)  Notwithstanding subsections (b), (c) and (c.1), and subject to the requirements of subsection (j), administrators, before April 1, 2007, may employ in-State applicants on a provisional basis for a single period not to exceed thirty (30) days and may employ out-of-State applicants on a provisional basis for a single period not to exceed ninety (90) days and, after March 31, 2007, may employ any applicants on a provisional basis for a single period not to exceed ninety (90) days, except during a lawful strike proceeding under the provisions of the act of July 23, 1970 (P.L.563, No.195), known as the "Public Employe Relations Act," provided that all of the following conditions are met:

(1)  the applicant has applied for the information required under subsection (b) and, where applicable, under subsection (c) or (c.1) and the applicant provides a copy of the appropriate completed request forms to the administrator;

(2)  the administrator has no knowledge of information pertaining to the applicant which would disqualify him from employment pursuant to subsection (e) or (f.1);

(3)  the applicant swears or affirms in writing that he is not disqualified from employment pursuant to subsection (e) or (f.1);

(4)  if the information obtained pursuant to subsection (b), (c) or (c.1) reveals that the applicant is disqualified from employment pursuant to subsection (e) or (f.1), the applicant shall be suspended and subject to termination proceedings as provided for by law; and

(5)  the administrator requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity of a permanent employe.

((i) amended June 30, 2012, P.L.684, No.82)

(j)  (1)  The department shall develop a standardized form to be used by current and prospective employes of public and private schools, intermediate units and area career and technical schools for the written reporting by current and prospective employes of any arrest or conviction for an offense enumerated under subsections (e) and (f.1). The form shall provide a space in which a current or prospective employe who has not been convicted of or arrested for any such offense will respond "no conviction" and "no arrest." The form also shall provide that failure to accurately report any arrest or conviction for an offense enumerated under subsection (e) or (f.1) shall subject the current or prospective employe to criminal prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). The department shall publish the form on its publicly accessible Internet website and in the Pennsylvania Bulletin. ((1) amended Oct. 30, 2019, P.L.460, No.76)

(2)  All current and prospective employes of a public or private school, intermediate unit or area career and technical school shall complete the form described in clause (1), indicating whether or not they have been arrested for or convicted of an offense enumerated under subsections (e) and (f.1), provided that any current employe who completed the form on or before December 27, 2011, in compliance with clauses (1) and (2) on that date and who has not been arrested for or convicted of an offense enumerated under subsections (e) and (f.1) shall not be required to complete an additional form under this subsection. ((2) amended Oct. 30, 2019, P.L.460, No.76)

(3)  If, as required in clause (2), a current or prospective employe refuses to submit the form described in clause (1), the administrator or other person responsible for employment decisions in a school or other institution shall immediately require the current or prospective employe to submit to the administrator a current report of criminal history record information as required under subsections (a.1), (b) and (c.1).

(4)  If the arrest or conviction for an offense enumerated under subsection (e) or (f.1) occurs after the effective date of this subsection, the current or prospective employe shall provide the administrator or designee with written notice utilizing the form provided for in clause (1) not later than seventy-two (72) hours after an arrest or conviction.

(5)  If an administrator or other person responsible for employment decisions in a school or other institution has a reasonable belief that a current or prospective employe was arrested or has a conviction for an offense required to be reported under clause (2) or (4) and the employe or prospective employe has not notified the administrator as required under this section, the administrator or other person responsible for employment decisions in a school or other institution shall immediately require the current or prospective employe to submit to the administrator a current report of criminal history record information as required under subsections (a.1), (b) and (c.1). The cost of the criminal background check shall be borne by the employing entity.

(6)  A current or prospective employe who willfully fails to disclose a conviction or an arrest for an offense enumerated under this section shall be subject to discipline up to and including termination or denial of employment and may be subject to criminal prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

((j) amended June 30, 2012, P.L.684, No.82)

(111 amended Dec. 19, 1990, P.L.1362, No.211)

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Compiler's Note:  Section 34 of Act 61 of 2008, which amended section 111(b) and (c), provided that Act 61 shall apply retroactively to July 1 2008.

Compiler's Note:  Section 3 of Act 4 of 2016, which amended or added section 111(b), (c.2), (c.3) and (c.4), provided that Act 4 shall apply retroactively to December 31, 2015.

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Section 111.1.  Employment History Review.--(a)  This section shall apply to all positions for employment at school entities and independent contractors of school entities involving direct contact with children.

(b)  In addition to fulfilling the requirements of section 111 and 23 Pa.C.S. § 6344.2 (relating to information relating to other persons having contact with children), before a school entity or independent contractor may offer employment to an applicant who would be employed by or in a school entity in a position involving direct contact with children, the school entity or independent contractor shall:

(1)  Require the applicant to provide:

(i)  A list, including name, address, telephone number and other relevant contact information of the applicant's:

(A)  Current employer.

(B)  All former employers that were school entities.

(C)  All former employers where the applicant was employed in positions that involved direct contact with children.

(ii)  A written authorization that consents to and authorizes disclosure by the applicant's current and former employers under subparagraph (i) of the information requested under paragraph (2) and the release of related records and that releases those employers from liability that may arise from such disclosure or release of records pursuant to subsection (d)(5).

(iii)  A written statement of whether the applicant:

(A)  has been the subject of an abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency or child protective services agency, unless the investigation resulted in a finding that the allegations were false;

(B)  has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of abuse or sexual misconduct as described in clause (A) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct as described in clause (A); or

(C)  has ever had a license, professional license or certificate suspended, surrendered or revoked while allegations of abuse or sexual misconduct as described in clause (A) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct as described in clause (A).

(2)  Conduct a review of the employment history of the applicant by contacting those employers listed by the applicant under the provisions of paragraph (1)(i) and requesting the following information:

(i)  The dates of employment of the applicant.

(ii)  A statement as to whether the applicant:

(A)  was the subject of any abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency or child protective services agency, unless such investigation resulted in a finding that the allegations were false;

(B)  was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of abuse or sexual misconduct as described in clause (A) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct described in clause (A); or

(C)  has ever had a license, professional license or certificate suspended, surrendered or revoked while allegations of abuse or sexual misconduct as described in clause (A) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct as described in clause (A).

(3)  Check the eligibility for employment or certification status of any applicant for a position involving direct contact with children to determine whether the applicant holds valid and active certification appropriate for the position and is otherwise eligible for employment and whether the applicant has been the subject of public professional discipline.

(4)  Inquire whether the Department of Education has received notification of pending criminal charges against the applicant.

(c)  An applicant who provides false information or wilfully fails to disclose information required in subsection (b) shall be subject to discipline up to, and including, termination or denial of employment and may be subject to criminal prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), and may be subject to civil penalties and professional discipline in accordance with subsection (l).

(d)  (1)  No later than twenty (20) days after receiving a request for information required under subsection (b)(2), an employer that has or had an employment relationship with the applicant shall disclose the information requested.

(2)  The employer shall disclose the information on a standardized form developed by the Department of Education.

(3)  (i)  After reviewing the information initially disclosed under paragraph (1) and finding an affirmative response to subsection (b)(1)(iii)(A), (B) or (C), (2)(ii)(A), (B) or (C) where the prospective employing school entity or contractor makes a determination to further consider the applicant for employment, the school entity or contractor shall request that former employers provide additional information about the matters disclosed and all related records.

(ii)  Former employers shall provide the additional information requested no later than sixty (60) days after the prospective employer's request under this paragraph.

(4)  (i)  Information received under this section shall not be deemed a public record for the purposes of the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(ii)  A school entity that receives the information under this subsection may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information as appropriate to the Department of Education, a State licensing agency, law enforcement agency, child protective services agency, another school entity or prospective employer.

(5)  An employer, school entity, school administrator or independent contractor that provides information or records about a current or former employe or applicant shall be immune from criminal liability under 23 Pa.C.S. Ch. 63 (relating to child protective services) and the act of December 12, 1973 (P.L.397, No.141), known as the "Educator Discipline Act," and civil liability for the disclosure of the information, unless the information or records provided were knowingly false. Such immunity shall be in addition to and not in limitation of any other immunity provided by law or any absolute or conditional privileges applicable to such disclosures by virtue of the circumstances or the applicant's consent thereto.

(6)  Except where the laws of other states prevent the release of the information or records requested, or disclosure is restricted by the terms of a contract entered into prior to the effective date of this section, the wilful failure of a former employer, school entity, school administrator or independent contractor to respond or provide the information and records as requested may result in civil penalties, and professional discipline where appropriate, in accordance with subsection (l).

(7)  Notwithstanding any provision of law to the contrary, an employer, school entity, school administrator, independent contractor or applicant shall report and disclose in accordance with this section all relevant information, records and documentation that may otherwise be confidential under 23 Pa.C.S. Ch. 63 and the "Educator Discipline Act."

(e)  (1)  A school entity or independent contractor may not hire an applicant who does not provide the information required under subsection (b) for a position involving direct contact with children.

(2)  A school entity or independent contractor may hire an applicant on a provisional basis for a period not to exceed ninety (90) days pending the school entity's or independent contractor's review of information and records received under this section, provided that all of the following are satisfied:

(i)  The applicant has provided all of the information and supporting documentation required under subsection (b).

(ii)  The school administrator has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.

(iii)  The applicant swears or affirms that the applicant is not disqualified from employment.

(iv)  The applicant is not permitted by the school entity or independent contractor to work alone with children and is required to work in the immediate vicinity of a permanent employe.

(f)  On or after the effective date of this section, a school entity or independent contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any other contract or agreement or take any action that:

(1)  has the effect of suppressing information relating to an investigation related to a report of suspected abuse or sexual misconduct by a current or former employe;

(2)  affects the ability of the school entity or independent contractor to report suspected abuse or sexual misconduct to the appropriate authorities; or

(3)  requires the school entity or independent contractor to expunge information about allegations or findings of suspected abuse or sexual misconduct from any documents maintained by the school entity or independent contractor, unless after investigation the allegations are found to be false.

(g)  Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended or entered into after the effective date of this section and that is contrary to this section shall be void and unenforceable.

(h)  (1)  For substitute employes, the employment history review required by this section shall be required only prior to the initial hiring of a substitute employe or placement on the school entity's approved substitute list and shall remain valid as long as the substitute employe continues to be employed by the same school entity or remains on the school entity's approved substitute list.

(2)  A substitute employe seeking to be added to another school entity's substitute list shall undergo a new employment history review. Except as otherwise provided in paragraph (3), the appearance of a substitute employe on one school entity's substitute list does not relieve another school entity from compliance with this section.

(3)  An employment history review conducted upon initial hiring of a substitute employe by an independent contractor, intermediate unit or any other entity that furnishes substitute staffing services to school entities shall satisfy the requirements of this section for all school entities using the services of that independent contractor, intermediate unit or other entity.

(4)  An independent contractor, intermediate unit or any other entity furnishing substitute staffing services to school entities shall comply with the provisions of subsection (i)(3) and (4).

(5)  For purposes of this subsection, "substitute employe" shall not mean school bus drivers employed by an independent contractor.

(i)  (1)  For employes of independent contractors, the employment history review required by this section shall be performed, either at the time of the initial hiring of the employe or prior to the assignment of an existing employe to perform work for a school entity in a position involving direct contact with children. The review shall remain valid as long as the employe remains employed by the same independent contractor, even if assigned to perform work for other school entities.

(2)  An independent contractor shall maintain records documenting employment history reviews for all employes as required by this section and, upon request, shall provide a school entity for whom an employe is assigned to perform work access to the records pertaining to that employe.

(3)  Prior to assigning an employe to perform work for a school entity in a position involving direct contact with children, the independent contractor shall inform the school entity of any instance known to the independent contractor in which the employe:

(i)  was the subject of any abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement authority or child protective services agency, unless such investigation resulted in a finding that allegations are false;

(ii)  has ever been disciplined, discharged, nonrenewed, removed from a substitute list, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of abuse or sexual misconduct as described in subparagraph (i) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct as described in subparagraph (i); or

(iii)  has ever had a license, professional license or certificate suspended, surrendered or revoked while allegations of abuse or sexual misconduct as described in subparagraph (i) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct as described in subparagraph (i).

(4)  The independent contractor may not assign the employe to perform work for the school entity in a position involving direct contact with children where the school entity objects to the assignment after being informed of an instance listed in paragraph (3).

(j)  An applicant who has undergone the employment history review required under this section and seeks transfer to or to provide services to another school in the same district, diocese or religious judicatory or to another school established and supervised by the same organization shall not be required to obtain additional reports before making such transfer.

(k)  Nothing in this section shall be construed:

(1)  To prevent a prospective employer from conducting further investigations of prospective employes or from requiring applicants to provide additional background information or authorizations beyond what is required under this section, nor to prevent a former employer from disclosing more information than what is required under this section.

(2)  To relieve a school entity, school administrator or independent contractor of its legal responsibility to report suspected incidents of abuse in accordance with the provisions of 23 Pa.C.S. Ch. 63.

(3)  To relieve a school entity, school administrator or independent contractor of its legal responsibility to report suspected incidents of professional misconduct in accordance with the "Educator Discipline Act."

(4)  To prohibit the right of the exclusive representative under a collective bargaining agreement to grieve and arbitrate the validity of an employe's termination or discipline for just cause or for the causes set forth in this act.

(l)  (1)  The Department of Education shall have jurisdiction to determine wilful violations of this section and may, following a hearing, assess a civil penalty not to exceed ten thousand dollars ($10,000). School entities shall be barred from contracting with an independent contractor who is found to have wilfully violated the provisions of this section.

(2)  Notwithstanding any provision of law to the contrary, the Department of Education may initiate disciplinary action before the Professional Standards and Practices Commission pursuant to the "Educator Discipline Act" against any applicant, employe, independent contractor or school administrator who is subject to the "Educator Discipline Act" for wilful violations of this section.

(m)  The Department of Education shall develop the forms for applicants and employers required under subsection (b)(1) and (2), as well as any other forms necessary to carry out the provisions of this section.

(n)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Abuse."  Conduct that falls under the purview and reporting requirements of 23 Pa.C.S. Ch. 63 and is directed toward or against a child or a student, regardless of the age of the child or student.

"Direct contact with children."  The possibility of care, supervision, guidance or control of children or routine interaction with children.

"School entity."  Any public school, including a charter school or cyber charter school, private school, nonpublic school, intermediate unit or area career and technical school operating within this Commonwealth.

"Sexual misconduct."  Any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such acts include, but are not limited to:

(1)  Sexual or romantic invitation.

(2)  Dating or soliciting dates.

(3)  Engaging in sexualized or romantic dialog.

(4)  Making sexually suggestive comments.

(5)  Self-disclosure or physical exposure of a sexual, romantic or erotic nature.

(6)  Any sexual, indecent, romantic or erotic contact with the child or student.

((n) amended Oct. 30, 2019, P.L.460, No.76)

(111.1 added Oct. 22, 2014, P.L.2624, No.168)

19490014u111.2s

Section 111.2.  Electronic Public Safety and Criminal Justice Information.--(a)  Subject to subsection (b), the Department of Education shall obtain and monitor public safety and criminal justice information, including, but not limited to, arrest and disposition information, for all educators from any Statewide electronic database to the extent such public safety and criminal justice information is available to the Department of Education and shall use such information for certification and discipline purposes.

(b)  For purposes of this section, "educator" shall mean all of the following:

(1)  Any person who holds a Commonwealth of Pennsylvania certificate, commission, letter of eligibility or permit issued under this act or under the act of January 28, 1988 (P.L.24, No.11), known as the "Private Academic Schools Act," or who has applied for a certificate, commission, letter of eligibility or permit.

(2)  Any person who is a charter or cyber charter school staff member or who is a contracted educational provider or contracted educational provider staff member as those terms are defined in the act of December 12, 1973 (P.L.397, No.141), known as the "Educator Discipline Act."

(3)  Any person over whom the Professional Standards and Practices Commission has disciplinary authority pursuant to the "Educator Discipline Act."

(111.2 added Oct. 22, 2014, P.L.2624, No.168)

19490014u112s

Section 112.  Report of Racial and Ethnic Groupings.--(112 repealed June 5, 2020, P.L.223, No.30)

19490014u113s

Section 113.  Study of Public Schools that Provide Internet Instruction.--(113 repealed June 5, 2020, P.L.223, No.30)

19490014u114s

Section 114.  Report of Graduate Rates for Certain Colleges and Universities.--(a)  The Department of Education shall annually conduct a survey related to completion of undergraduate degree programs by students who are residents of this Commonwealth in four-year, public colleges and universities and in private, not-for-profit colleges and universities in this Commonwealth. The survey shall include the following information for each college or university:

(1)  the number and percentage of first-time, full-time students who graduate in four (4) years or less; and

(2)  the number and percentage of first-time, full-time students enrolled in approved five-year programs who graduate in five (5) years or less.

(b)  By January 15, 2003, and each year thereafter, the department shall publish the results of the survey on its World Wide Web site and provide a copy to the Governor, the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives.

(c)  The department shall develop guidelines to implement the requirements of this section.

(114 added June 29, 2002, P.L.524, No.88)

19490014u115s

Section 115.  Optometric Externs.--(a)  Notwithstanding the provisions of section 6 of the act of June 6, 1980 (P.L.197, No.57), known as the "Optometric Practice and Licensure Act," an optometric extern who is performing procedures and tests for the sole purpose of clinical instruction and experience under the direct supervision of a licensed health care professional in this Commonwealth shall be defined as a student enrolled in an accredited school or college of optometry in the United States.

(b)  An optometric extern may not independently practice optometry.

(115 added July 4, 2004, P.L.536, No.70)

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Section 116.  Technical Assistance and Information Provided by Department of Education.--(a)  A school district or school identified for warning, school improvement or corrective action shall be eligible for technical assistance from the Department of Education.

(b)  Within ten (10) days of a request from the board of school directors of an eligible school district, the Department of Education shall provide technical assistance to the school district or any school within the school district identified for warning, school improvement or corrective action. Such technical assistance shall include, but shall not be limited to:

(1)  Assistance to analyze data from the Pennsylvania System of School Assessment test or any other test established by the State Board of Education for the purpose of assessing student progress toward or attainment of an academic performance target.

(2)  Assistance to identify and implement professional development and instructional strategies and methods to improve the academic performance of students in subject areas for which an academic performance target has been established and has not been met.

(3)  Assistance to analyze the school district's budget or parts thereof to enable the school district to more effectively allocate its resources.

(4)  Identification, training and assignment of educational advisors to schools eligible for school improvement or corrective action.

(5)  Identification and implementation of professional development and instructional strategies and methods to improve the academic performance of students who are classified as students with disabilities, as limited English proficient students or as students who have been enrolled in a school district for less than two (2) school years.

(c)  The Department of Education shall establish a clearinghouse of information related to specific strategies for improving the academic performance of students in eligible school districts. Such clearinghouse shall include best practices, methods and instructional strategies based on scientific research, including, but not limited to:

(1)  Parental involvement programs and policies.

(2)  Classroom instructional strategies.

(3)  Curriculum redesign.

(4)  School safety.

(5)  Tutoring programs.

(d)  In order to fulfill its duties under this section, the Department of Education may, in consultation with a school district, assign personnel of the Department of Education or contract with outside providers to ensure that the requirements of subsection (b) are met.

(e)  Nothing contained in this section shall supersede or preempt any provision of a collective bargaining agreement between a school district and an employe organization.

(116 added July 14, 2005, P.L.308, No.55)

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