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A00316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
89
Session of
2019
INTRODUCED BY HUGHES, AUMENT, BARTOLOTTA, BREWSTER, STEFANO,
FONTANA, STREET, SCHWANK, GORDNER, MENSCH, KEARNEY, BAKER,
K. WARD, WHITE, SANTARSIERO, BROWNE, PHILLIPS-HILL,
TARTAGLIONE, KILLION, COSTA, YUDICHAK, SABATINA, BLAKE,
COLLETT, FARNESE AND L. WILLIAMS, JANUARY 29, 2019
REFERRED TO EDUCATION, JANUARY 29, 2019
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," replacing references to "vocational-
technical" with "career and technical," replacing references
to "vocational" with "career and technical" and replacing
references to "vocation" with "career and technical";
deleting references to vocational school districts; renaming
the State Board for Vocational Education as the State Board
of Career and Technical Education; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 111(a.1) introductory paragraph, (1),
(2) and (3), (b), (e) introductory paragraph, (f.2) and (j)(1)
and (2) and 111.1(n) of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, are amended to
read:
Section 111. Criminal History of Employes and Prospective
Employes; Conviction of Certain Offenses.--
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(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 [vocational-technical]
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.
(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
[vocational-technical] career and technical school or by an
independent contractor.
(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
[vocational-technical] career and technical schools.
(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 [vocational-
technical] career and technical school under the supervision of
educator preparation program faculty.
* * *
(b) Administrators of public and private schools,
intermediate units and area [vocational-technical] career and
technical schools shall require prospective employes to submit
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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.
* * *
(e) No person subject to this act shall be employed or
remain employed in a public or private school, intermediate unit
or area [vocational-technical] 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:
* * *
(f.2) Nothing in this section shall be construed to
interfere with the ability of a public or private school,
intermediate unit or area [vocational-technical] 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).
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* * *
(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 [vocational-
technical] 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.
(2) All current and prospective employes of a public or
private school, intermediate unit or area [vocational-technical]
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.
* * *
Section 111.1. Employment History Review.--* * *
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(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 [vocational-technical] 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.
Section 2. Section 121(b)(2)(iii), (c)(2) and (d) of the
act, amended October 24, 2018 (P.L.1146, No.158), are amended to
read:
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Section 121. Keystone Exams.--* * *
(b) The following shall apply:
* * *
(2) The Department of Education shall investigate and
develop alternatives in addition to the use of the Keystone
Exams as a requirement for graduation and shall, within six (6)
months of the effective date of this paragraph, issue a report
of the Department of Education's findings and recommendations,
including proposed legislation, to 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. The report shall, at a minimum,
contain a detailed plan and timeline within which the Department
of Education shall accomplish all of the following:
* * *
(iii) Ensure that no student is prohibited from
participation in [vocational-technical] career and technical
education or elective courses or programs as a result of
supplemental instruction required in 22 Pa. Code §§ 4.24(k) and
4.51b(f) (relating to Keystone Exams).
(c) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24 or 4.51 or any statute or regulation to the contrary, in
any school year in which a demonstration of proficiency on a
Keystone Exam is required for high school graduation, a CTE
Concentrator shall be deemed proficient provided that the CTE
Concentrator shall meet all of the following requirements:
* * *
(2) completes one of the following:
(i) attains an industry-based competency certification
related to the CTE Concentrator's program of study; or
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(ii) demonstrates a high likelihood of success on an
approved industry-based competency assessment or readiness for
continued meaningful engagement in the CTE Concentrator's
program of study as demonstrated by performance on benchmark
assessments, course grades and other factors consistent with the
CTE Concentrator's goals and career plan and determined for the
CTE Concentrator by a chief school administrator in consultation
with an area [vocational-technical] career and technical school
director or principal of a comprehensive high school. The
determination shall be made no later than the end of eleventh
grade, or, for a student enrolled in a one-year program, the end
of the first semester of twelfth grade.
* * *
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Accredited four-year nonprofit institution of higher
education." Any of the following:
(1) A university within the State System of Higher Education
under Article XX-A.
(2) A State-related institution as defined in section 1502-
A.
(3) Any accredited nonprofit public, private or independent
college or university that confers four-year baccalaureate
degrees.
"Accredited nonprofit institution of higher education." Any
of the following:
(1) A community college operating under Article XIX-A.
(2) An accredited four-year nonprofit institution of higher
education.
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(3) Any accredited nonprofit public, private or independent
college or university.
(4) The Thaddeus Stevens College of Technology.
"ACT." A standardized test for the assessment of college
readiness administered by ACT.
"ACT WorkKeys assessment." An assessment of workplace skills
administered by ACT.
"Advanced Placement Program." A program authorized by the
college board that allows a student to study college-level
subjects while enrolled in high school and to receive advanced
placement and college credit for earning a qualified score on
the course-related Advanced Placement exam.
"Approved alternative assessment." A SAT, PSAT, ACT or Armed
Services Vocational Aptitude Battery test.
"Approved industry-based competency assessment." A NOCTI
exam, NIMS assessment or other industry-based competency
assessment identified by the Secretary of Education and approved
by the State Board of Education or identified by an act of the
General Assembly.
"Armed Services Vocational Aptitude Battery Test." The
aptitude test developed and maintained by the United States
Department of Defense.
"Chief school administrator." The superintendent of a school
district, executive director of an intermediate unit,
administrative director of an area [vocational-technical] career
and technical school or chief executive officer of a charter
school, cyber charter school, regional charter school or
multiple charter school organization.
"Concurrent enrollment course." A course in which a
secondary student is enrolled and, upon successful completion of
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which both high school and postsecondary credit are earned.
"Cooperative education program." A program of instruction
whereby students alternate or coordinate their high school
studies with a job in a field related to their academic or
career objectives.
"CTE Concentrator." A student who, by the end of a reporting
year, will be reported as successfully completing at least fifty
percent (50%) of the minimum technical instructional hours
required under 22 Pa. Code Ch. 339 (relating to vocational
education).
"Department." The Department of Education of the
Commonwealth.
"Established score." A score recommended by the secretary
and approved by the State Board of Education.
"GPA." Grade point average.
"International Baccalaureate Diploma Program." An
academically challenging two-year precollege diploma program
comprised of three core requirements and six academic subject
areas with final examinations that prepare students sixteen (16)
to nineteen (19) years of age for higher education and life in a
global society.
"NIMS assessment." An assessment based on the National
Institute for Metalworking Skills standards.
"NOCTI exam." A National Occupational Competency Testing
Institute exam.
"Postsecondary course." A course in which a secondary
student is enrolled and, upon successful completion,
postsecondary credit is earned.
"Preapprenticeship program." An apprenticeship program
registered with the Pennsylvania Apprenticeship and Training
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Council.
"SAT." A standardized test for the assessment of college
readiness administered by the College Board.
"SAT Subject Test." A standardized test for the assessment
of a specific content area administered by the College Board.
"School entity." A school district, intermediate unit, area
[vocational-technical] career and technical school, charter
school, cyber charter school, regional charter school or
multiple charter school organization.
"Secretary." The Secretary of Education of the Commonwealth.
Section 3. Section 126(a)(1)(v) and (vi) of the act, added
November 6, 2017 (P.L.142, No.55), are amended to read:
Section 126. Every Student Succeeds Act State Plan Review.--
(a) State plan submissions shall be developed by the department
under section 1111 of the Elementary and Secondary Education Act
of 1965 (Public Law 89-110, 20 U.S.C. § 6311), as amended by the
Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802),
and submitted to the General Assembly as follows:
(1) The department shall develop State plan submissions with
timely and meaningful consultation with the chair and minority
chair of the Education Committee of the Senate and the chair and
minority chair of the Education Committee of the House of
Representatives, with opportunity for input into the State plan
submission's formation. Consultation shall occur with regard to
the initiatives that are newly created or that retain or modify
existing law or regulation with regard to the following:
* * *
(v) [Vocational and career] Career and technical education
academic assessments, pathways and standards.
(vi) Comparability and fairness in assessments of school
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districts, intermediate units, area [vocational-technical]
career and technical schools, charter schools and cyber charter
schools.
* * *
Section 4. Sections 218, 220(c), 221.2(c)(1)(iv) and (f)(4)
(i), 222(c) and 322 of the act are amended to read:
Section 218. Reports to Department of Education.--(a) An
annual financial report shall be submitted to the Secretary of
Education by each school district, charter school, cyber charter
school and area [vocational-technical] career and technical
school not later than the 31st day of October. All financial
accounting and reporting by school districts, charter schools,
cyber charter schools and area [vocational-technical] career and
technical schools to the Department of Education shall be in
accordance with generally accepted accounting and reporting
standards, except that management discussion and analysis and
related notes and the following financial statements shall not
be required components of the annual financial report: entity-
wide financial statements, including the statement of activities
and the statement of net assets; the reconciliation of the
balance sheet - governmental funds to statement of net assets;
and the reconciliation of the statement of revenues,
expenditures and changes in fund balances - governmental funds
to statement of activities. The Department of Education shall
establish a reporting standard for the annual financial report.
(b) The chief school administrator and board secretary of a
school district, charter school, cyber charter school or area
[vocational-technical] career and technical school shall submit
a signed statement to the Department of Education not later than
the 31st day of December of each year certifying that: the
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audited financial statements of the school district, charter
school, cyber charter school or area [vocational-technical]
career and technical school have been properly audited pursuant
to Article XXIV and that in the independent auditor's
professional opinion, the financial information submitted in the
annual financial report was materially consistent with the
audited financial statements.
(c) If the financial information submitted in the annual
financial report was not materially consistent with the audited
financial statements, the school district, charter school, cyber
charter school or area [vocational-technical] career and
technical school shall submit a revised annual financial report
to the Department of Education not later than the 31st day of
December.
(d) The Department of Education shall order the forfeiture
penalties provided for under section 2552.1(a.1) against a
school district, charter school, cyber charter school or area
[vocational-technical] career and technical school for failure
to timely submit an annual financial report or revised annual
financial report.
Section 220. State Report Card.--* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Department." The Department of Education of the
Commonwealth.
"Local education agency." A school district, cyber charter
school, charter school, area [vocational-technical] career and
technical school or intermediate unit.
Section 221.2. Data Collection Reduction.--* * *
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(c) (1) Within thirty (30) days of the effective date of
this section, the State Board shall establish an advisory
committee consisting of:
* * *
(iv) The following members, to be appointed by the State
Board in consultation with education associations representing
school districts, intermediate units, public school employes,
charter school entities and area [vocational-technical] career
and technical schools:
(A) Two school district business managers.
(B) Two intermediate unit business managers.
(C) Two charter school entity business managers.
(D) Two area [vocational-technical] career and technical
school business managers.
(E) One representative from a school district board of
school directors.
(F) One representative from an intermediate unit board of
directors.
(G) One representative from a charter school entity board of
trustees.
(H) One representative from an area [vocational-technical]
career and technical school joint operating committee.
(I) One member of a Statewide association representing
public school entity employes that has a membership on the
effective date of this section of greater than 140,000 public
school entity employes.
* * *
(f) For purposes of this section:
* * *
(4) "Public school entity" shall mean any of the following:
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(i) An area [vocational-technical] career and technical
school.
* * *
Section 222. Drop-out Data Collection.--* * *
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"School entity." A public school district, charter school,
cyber charter school or area [vocational-technical] career and
technical school.
Section 322. Eligibility; Incompatible Offices.--Any citizen
of this Commonwealth, having a good moral character, being
eighteen (18) years of age or upwards, and having been a
resident of the district for at least one (1) year prior to the
date of his election or appointment, shall be eligible to the
office of school director therein: Provided, That any person
holding any office or position of profit under the government of
any city of the first class, or the office of mayor, chief
burgess, county commissioner, district attorney, city, borough,
or township treasurer, member of council in any municipality,
township commissioner, township supervisor, tax collector,
assessor, assistant assessor, any comptroller, auditor,
constable, executive director or assistant executive director of
an intermediate unit, supervisor, principal, teacher, or employe
of any school district, shall not be eligible as a school
director in this Commonwealth. This section shall not prevent
any district superintendent, assistant district superintendent,
supervisor, teacher, or employe of any school district, from
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being a school director in a district other than the one in
which he is so employed, and other than in a district with which
the district in which he is employed operates a joint school or
department. Provided, however, That a joint school or department
does not include a [vocational] career and technical school,
intermediate unit or community college: And provided further,
That a school director who is a supervisor, principal, teacher
or employe of a [vocational] career and technical school,
intermediate unit or community college shall not serve as a
member of a board of the [vocational] career and technical
school, intermediate unit or community college in which he is a
supervisor, principal, teacher or employe: And provided further,
That a school director who is a supervisor, principal, teacher
or employe of a [vocational] career and technical school,
intermediate unit or community college, shall not be assigned to
a position of employment under the supervision of the district
in which he or she serves as a member of the board of school
directors. A school director shall not be eligible to the office
of member of council in any municipality.
Section 5. Section 425(d) of the act, added June 22, 2018
(P.L.241, No.39), is amended to read:
Section 425. Executive Sessions.--* * *
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Executive session" shall have the meaning given to the term
under 65 Pa.C.S. § 703 (relating to definitions).
"School entity" shall mean a school district, intermediate
unit, joint school, area [vocational-technical] career and
technical school, charter school, regional charter school or
cyber charter school.
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Section 6. Sections 502, 513(b.1)(1) and (6), 522 and 527 of
the act are amended to read:
Section 502. Additional Schools and Departments.--In
addition to the elementary public schools, the board of school
directors in any school district may establish, equip, furnish,
and maintain the following additional schools or departments for
the education and recreation of persons residing in said
district, and for the proper operation of its schools, namely:--
High schools,
Trade schools,
[Vocational] Career and technical schools,
[Technical schools,]
Cafeterias,
Agricultural schools,
Evening schools,
Kindergartens,
Libraries,
Museums,
Reading-rooms,
Gymnasiums,
Playgrounds,
Schools for physically and mentally handicapped,
Truant schools,
Parental schools,
Schools for adults,
Public lectures,
Such other schools or educational departments as the
directors, in their wisdom, may see proper to establish.
Said additional schools or departments, when established,
shall be an integral part of the public school system in such
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school district and shall be so administered.
No pupil shall be refused admission to the courses in these
additional schools or departments, by reason of the fact that
his elementary or academic education is being or has been
received in a school other than a public school.
Section 513. Group Insurance Contracts.--* * *
(b.1) (1) School districts, intermediate units and area
[vocational-technical] career and technical schools shall give
employes and their dependents, upon the employe's retirement,
the option of continuing coverage in the group health plan to
which they belonged as employes.
* * *
(6) School districts, intermediate units and area
[vocational-technical] career and technical schools shall report
annually to the Department of Education the increased costs
resulting exclusively from the inclusion of qualified annuitants
and their dependents in the entity's group health plan, for the
purpose of evaluating the feasibility of future Commonwealth
funding.
* * *
Section 522. Payments of Salaries of Professional Employes
Granted Leaves of Absence as Exchange Teachers Authorized;
Rights Preserved.--Any board of public education or board of
school directors of any school district [or vocational school
district] of this Commonwealth is hereby authorized to pay any
professional employe the salary he would be entitled to if
teaching in the school district from which he is granted a leave
of absence to serve as an exchange teacher in any foreign
country or territory or possession of the United States of
America.
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Any professional employe, while on leave as an exchange
teacher, shall be considered to be in regular full-time daily
attendance in the position from which the leave was granted,
during the period of said leave, for the purpose of determining
the employe's length of service, the right to receive increments
as provided by law, and the right to make contributions as a
member of the Public School Employees' Retirement Fund and
continue his or her membership therein, the right to service
credits toward the time necessary for a sabbatical leave for
health or a leave of absence for professional development, and
the right to accumulate days of leave on account of illness or
accidental injury.
Section 527. Drug Law Convictions.--(a) Any employe,
professional or otherwise, of a school district, intermediate
unit or area [vocational-technical] career and technical school
who is convicted of delivery of a controlled substance or
convicted of possession of a controlled substance with the
intent to deliver, as prohibited by the act of April 14, 1972
(P.L.233, No.64), known as "The Controlled Substance, Drug,
Device and Cosmetic Act," shall be terminated from his or her
employment with the school entity. The governing body of the
school entity shall enforce this section.
(b) Notwithstanding any other provisions of this act, any
person subject to this section who, while employed in a public
or private school, intermediate unit or area [vocational-
technical] career and technical school, is convicted of any of
the offenses enumerated in subsection (e) of section 111 of this
act shall be immediately terminated from such employment.
Section 7. Section 528(d) of the act, added June 22, 2018
(P.L.241, No.39), is amended to read:
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Section 528. Third-Party Services.--* * *
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Non-instructional services" shall mean services provided by
a school employee whose terms and conditions of employment are
governed by a collective bargaining agreement negotiated between
the school employer and the exclusive representative of the
employe and excluding services provided by a professional
employe, a substitute or a temporary professional employe as
those terms are defined under section 1101.
"School employer" shall mean a board of school directors, an
intermediate unit board of directors or an area [vocational-
technical] career and technical board of directors.
"Third party" shall mean a for-profit service provider,
including a business or corporation, that contracts with a
school employer to provide non-instructional services. The term
shall not include an individual.
Section 8. Section 613(f) of the act is amended to read:
Section 613. Management Information Reports.--* * *
(f) Beginning with the 2001-2002 school year and each school
year thereafter, the mandatory reporting requirements of this
section shall apply, as prescribed by the department, to area
[vocational-technical] career and technical schools,
intermediate units and charter schools to the extent that
funding is available. Area [vocational-technical] career and
technical schools, intermediate units and charter schools shall
apply for funding in a form and manner prescribed by the
department.
Section 9. The definitions of "area vocational-technical
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school," "market value/personal income aid ratio" and "public
school entity" in section 602-B of the act are amended to read:
Section 602-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Area [vocational-technical] career and technical school."
As defined in section 1841.
* * *
"Market value/personal income aid ratio." A school
district's combined market value and personal income wealth per
pupil relative to the State average.
(1) For an area [vocational-technical] career and
technical school, this amount shall be calculated based on
the sum of market value and personal income wealth data for
each of the area [vocational-technical] career and technical
school's component school districts.
(2) For a charter school or regional charter school,
this amount shall be calculated based on the sum of market
value and personal income wealth data for each school
district that granted a charter to the charter school or
regional charter school under section 1717-A or 1718-A.
(3) For a cyber charter school, this amount shall be
calculated based on the sum of market value and personal
income wealth data for the school district in which the cyber
charter school's administrative offices are located.
* * *
"Public school entity." Any of the following:
(1) An area [vocational-technical] career and technical
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school.
(2) A school district.
(3) A charter school entity.
* * *
Section 10. Sections 701.1 second paragraph, 772.1(c),
772.2(e), 776.1, 909-A, 914-A(16), 1089(f), 1101(1), 1113(d)(1),
1123(e), (i), (n) and (o)(2) and (8), 1141, 1142(a) and (b),
1142.1(d), 1144.1, 1145, 1146(4), 1164(a), 1166(a), 1176(a) and
1195(h) of the act are amended to read:
Section 701.1. Referendum or Public Hearing Required Prior
to Construction or Lease.--* * *
The applicable aggregate building expenditure standard shall
be a total amount calculated for each building or substantial
addition by multiplying the rated pupil capacity under the
approved room schedule by the following: two thousand eight
hundred dollars ($2,800) for each pupil of rated elementary
capacity; four thousand two hundred dollars ($4,200) for each
pupil of rated secondary capacity in grades seven, eight and
nine and five thousand two hundred dollars ($5,200) for each
pupil of rated secondary capacity in grades ten, eleven and
twelve and five thousand two hundred dollars ($5,200) for each
pupil of rated [vocational-technical] career and technical
capacity in grades ten, eleven and twelve to not include the
cost of equipment and fixtures in such [vocational-technical]
career and technical schools: Provided, however, That each of
the preceding per pupil amounts shall be adjusted by the
Department of Education on July 1, 1974; and annually thereafter
through July 1, 2003, by multiplying said amounts by the ratio
of the composite construction cost index compiled and published
by the United States Department of Commerce for the preceding
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calendar year to such index for the next preceding calendar
year; and Further Provided, however, That each of the preceding
per pupil amounts shall be adjusted by the Department of
Education on July 1, 2004; and annually thereafter by
multiplying said amounts by the ratio of the Building Cost Index
published by the McGraw-Hill Companies for the preceding
calendar year to such index for the next preceding calendar
year. Rated elementary pupil capacity or rated secondary pupil
capacity for any school building shall be the rated pupil
capacity determined on the basis of the method used by the
Department for school building reimbursement purposes during the
school year 1971-1972.
* * *
Section 772.1. Integrated Pest Management Programs.--* * *
(c) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Department." The Department of Agriculture of the
Commonwealth.
"Integrated pest management plan." A plan which establishes
a sustainable approach to managing pests by combining
biological, cultural, physical and chemical tools in a way which
minimizes economic, health and environmental risks.
"Pest." An insect, rodent, nematode, fungus, weed or other
form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism, except viruses, bacteria or
other microorganisms on or in living man or other living
animals, declared to be a pest under section 25(c)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
163, 7 U.S.C. § 136w).
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"Pesticide." A substance or mixture of substances intended
for preventing, destroying, repelling or mitigating a pest and a
substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
"School." A school district, an intermediate unit, an area
[vocational-technical] career and technical school or any of
these entities acting jointly.
Section 772.2. Notification of Pesticide Treatments at
Schools.--* * *
(e) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Applicator." A certified applicator, commercial applicator
or public applicator.
"Certified applicator." An individual who is certified under
section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,
No.24), known as the "Pennsylvania Pesticide Control Act of
1973," as competent to use or supervise the use or application
of any pesticide.
"Commercial applicator." A certified applicator, whether or
not he is a private applicator with respect to some uses, who
uses or supervises the use of any pesticide on the property or
premises of another or on easements granted under State law, or
any applicator who uses or supervises the use of any restricted-
use pesticide on property owned or rented by him or his
employer, when not for purposes of producing an agricultural
product. The secretary may by regulation deem certain types of
applicators using any pesticide on their own property or that of
their employer as commercial applicators.
"Department." The Department of Agriculture of the
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Commonwealth.
"Insect." Any of the numerous small invertebrate animals
generally having a more or less obviously segmented body, for
the most part belonging to the class Insecta, comprising six-
legged, usually winged forms, as, for example, beetles, bugs,
bees and flies, and to other allied classes of arthropods whose
members are wingless and usually have more than six (6) legs,
as, for example, spiders, mites, ticks, centipedes and wood
lice.
"Nematode." An invertebrate animal of the phylum
Nemathelminthes and class Nematoda, that is, unsegmented round
worms with elongated, fusiform or saclike bodies covered with
cuticle and inhabiting soil, water, plants or plant parts. The
term includes nemas and eelworms.
"Person." An individual, partnership, association,
corporation or any organized group of persons, whether
incorporated or not.
"Pest." An insect, rodent, nematode, fungus, weed or other
form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism, except viruses, bacteria or
other microorganisms on or in living man or other living
animals, declared to be a pest under section 25(c)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
163, 7 U.S.C. § 136w).
"Pest control information sheet." A document which contains
the date of treatment, the name, address and telephone number of
the applicator, the pesticide utilized and any other information
that is required by the Secretary of Agriculture.
"Pesticide." A substance or mixture of substances intended
for preventing, destroying, repelling or mitigating a pest and a
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substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
"Pesticide application technician." An individual employed
by a commercial applicator or governmental agency who, having
met the competency requirements as set forth in the act of March
1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
Control Act of 1973," is registered by the Secretary of
Agriculture to apply pesticides under the direct supervision of
a certified applicator.
"Public applicator." A certified applicator who applies
pesticides as an employe of the Commonwealth or its
instrumentalities or a local agency.
"School." A school district, an intermediate unit or an area
[vocational-technical] career and technical school or any of
these entities acting jointly.
Section 776.1. Child Day-Care Centers in School Buildings.--
For purposes of the issuance or renewal of any license, or for
inspections, under section 1007 of the act of June 13, 1967
(P.L.31, No.21), known as the ["Public Welfare Code,"] "Human
Services Code," child day-care centers operated for school-age
children in public and private school buildings, buildings
utilized by intermediate units or area [vocational-technical]
career and technical school buildings which meet the physical
site requirements provided for by the department shall be deemed
to comply with any Department of [Public Welfare] Human Services
child day-care service requirements or regulation concerning
physical site requirements.
Section 909-A. [Vocational-Technical] Career and Technical
Education.--All powers and duties of county boards of school
directors with respect to vocational-technical education are
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hereby transferred to intermediate unit boards of directors,
effective July 1, 1971; and all Commonwealth payments
theretofore paid to county boards of school directors on account
of vocational-technical education shall thereafter be paid to
intermediate unit boards of directors for career and technical
education.
Section 914-A. Powers and Duties of the Intermediate Unit
Board of Directors.--An intermediate unit board of directors
shall have the power and its duty shall be:
* * *
(16) To prepare and submit to the State Board [for
Vocational] of Career and Technical Education proposals for
arranging school districts of the intermediate unit into area
[vocational-technical] career and technical attendance areas or
any revisions thereof. A school district in an adjacent
intermediate unit may be included in such proposed attendance
area with the concurring approval of the board of school
directors of the school district and the intermediate unit to
which it belongs.
* * *
Section 1089. Business Administrator.--* * *
(f) For purposes of this section, the term "school entity"
shall mean a school district, intermediate unit or an area
[vocational-technical] career and technical school. The term
"governing board" shall mean the board of directors or joint
board of such entity.
Section 1101. Definitions.--As used in this article,
(1) The term "professional employe" shall include those who
are certificated as teachers, supervisors, supervising
principals, principals, assistant principals, vice-principals,
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directors of [vocational] career and technical education, dental
hygienists, visiting teachers, home and school visitors, school
counselors, child nutrition program specialists, school
librarians, school secretaries the selection of whom is on the
basis of merit as determined by eligibility lists and school
nurses.
* * *
Section 1113. Transferred Programs and Classes.--* * *
(d) (1) As used in this section, the term "school entity"
or "school entities" shall mean an intermediate unit and its
participating school districts or an area [vocational-technical]
career and technical school and its sending school districts.
* * *
Section 1123. Rating System.--* * *
(e) Notwithstanding subsections (b), (c) and (d),
professional employes and temporary professional employes
serving as classroom teachers, principals and nonteaching
professional employes may be evaluated through the use of a
rating tool developed by an individual school district,
intermediate unit or area [vocational-technical] career and
technical school that the department has approved as meeting or
exceeding the measures of effectiveness established under this
section.
* * *
(i) All school districts, intermediate units and area
[vocational-technical] career and technical schools shall
provide to the department the aggregate results of all
professional employe and temporary professional employe,
principal and nonteaching professional employe evaluations.
* * *
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(n) The requirements of this section shall apply to all
school districts, intermediate units and area [vocational-
technical] career and technical schools.
(o) For purposes of this section:
* * *
(2) The term "chief school administrator" shall include
individuals who are employed as a school district
superintendent, an executive director of an intermediate unit or
a chief school administrator of an area [vocational-technical]
career and technical school.
* * *
(8) The term "principal" shall include a building principal,
an assistant principal, a vice principal or a director of
[vocational] career and technical education.
* * *
Section 1141. Definitions.--For the purposes of this
subdivision.--
(1) "Teacher" shall include all professional employes and
temporary professional employes, who devote fifty per centum
(50%) of their time, or more, to teaching or other direct
educational activities, such as classroom teachers,
demonstration teachers, museum teachers, counsellors,
librarians, school nurses, dental hygienists, home and school
visitors, and other similar professional employes and temporary
professional employes, certificated in accordance with the
qualifications established by the State Board of Education.
(2) "Service increments" shall mean increases in annual
salary granted to all professional employes by reason of their
years of service in the school district or [vocational] career
and technical school district.
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(3) "Standard certificate" shall mean any one of the
following certificates: permanent State certificate, State
Normal School certificate, State Normal School diploma,
temporary standard certificate, permanent standard certificate,
State standard limited certificate, temporary extension standard
certificate, permanent extension standard certificate.
(4) "College certificate" shall mean a college provisional
certificate, a college permanent certificate, or its equivalent.
(5) "Master's Degree" shall mean a degree secured at a
college or university approved by the Department of [Public
Instruction] Education.
The State Board of Education shall establish equivalents for
both college certificates and master's degrees. In determining
the equivalents, in the case of teachers of applied arts and
[vocational] career and technical subjects, the State Board of
Education shall give due consideration to practical experience
in the field taught.
Section 1142. Minimum Salaries and Increments.--(a) Except
as hereinafter otherwise provided, all school districts and
[vocational] career and technical school districts shall pay all
regular and temporary teachers, supervisors, directors and
coordinators of [vocational] career and technical education,
psychologists, teachers of classes for exceptional children,
supervising principals, [vocational] career and technical
teachers, and principals in the public schools of the district
the minimum salaries and increments for the school year 1968-
1969 and each school year thereafter, as provided in the
following tabulation in accordance with the column in which the
professional employe is grouped and the step which the
professional employe has attained by years of experience within
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the school district each step after step 1 constituting one year
of service. When a school district, by agreement, places a
professional employe on a step in the salary scale, each step
thereafter shall constitute one year of service. When a district
adopts a salary scale in excess of the mandated scale, it shall
not be deemed to have altered or increased the step which the
employe has gained through years of service.
(b) Professional employes shall be grouped in the following
columns:
Class A. Teachers holding a standard certificate valid for
the subject or grades in which the teacher is giving
instruction.
Class B. Teachers holding a college certificate valid for the
subjects or grades in which the teacher is giving instruction.
Class C. Teachers of classes approved by the Department of
[Public Instruction] Education for exceptional children holding
a standard certificate valid for the subjects or grades in which
the teacher is giving instruction.
Class D. Teachers of classes approved by the Department of
[Public Instruction] Education for exceptional children holding
a college certificate valid for the subjects or grades in which
the teacher is giving instruction.
Class E. Supervisors, directors and coordinators of
[vocational] career and technical education, who devote one-half
or more of their time to supervision of instruction, and
psychologists, holding a standard or college certificate.
Class F. Principals, who devote one-half or more of their
time to supervision and administration and having less than
twenty (20) teachers under their supervision, who hold a
standard certificate, or college certificate.
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Class G. Such principals, having twenty (20) or more
teachers under their supervision, but less than forty (40), and
who hold a standard certificate, or college certificate.
Class H. Such principals, having forty (40) or more teachers
under there supervision, but less than sixty (60), and who hold
a standard certificate, or college certificate.
Class I. Such principals, having sixty (60) or more but less
than eighty (80) teachers under their supervision, and who hold
a standard certificate, or college certificate.
Class J. Such principals, having eighty (80) or more
teachers under their supervision, and who hold a standard
certificate, or college certificate.
Class K. Supervising principals, having less than forty (40)
teachers under their supervision, and who hold a standard
certificate, or college certificate.
Class L. Supervising principals, having forty (40) or more
teachers under their supervision, but less than sixty (60), who
hold a standard certificate, or college certificate.
Class M. Supervising principals, having sixty (60) or more
but less than eighty (80) teachers under their supervision, and
who hold a standard certificate, or college certificate.
Class N. Supervising principals, having eighty (80) or more
but less than one hundred (100) teachers under their
supervision, and who hold a standard certificate, or college
certificate.
Class O. Supervising principals, having one hundred (100) or
more teachers under their supervision, and who hold a standard
certificate or college certificate.
Class P. [Vocational] Career and technical teachers, holding
a standard or college certificate valid for the subjects or
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grades in which the teacher is giving instruction, and who is
employed for the entire calendar year because of seasonal
activities.
* * *
Section 1142.1. Minimum Salaries for Teachers.--* * *
(d) For purposes of this section, the following terms shall
have the following meanings:
"Board of school directors" shall mean board of school
directors, intermediate unit board of directors and area
[vocational-technical] career and technical board.
"School district" shall mean school district, intermediate
unit and area [vocational-technical] career and technical
school.
"Teacher" shall mean classroom teachers and all others
included within the definition of "teacher" in section 1141,
including speech correctionists and instructional department
chairmen employed by a school district.
Section 1144.1. Teachers of Applied Arts and [Vocational]
Career and Technical Subjects.--Teachers of applied arts and
[vocational] career and technical subjects who hold a standard
certificate shall be entitled to the same minimum salary and
increments as teachers who hold a college certificate.
Teachers of applied arts and [vocational] career and
technical subjects who hold a standard certificate and have
earned an additional thirty (30) semester hours of credit in
professional education in the teaching field in which said
teacher is engaged or related thereto shall be entitled to the
same minimum salary and increments as teachers holding a
Master's Degree.
Section 1145. Minimum Salaries for Teachers With Emergency
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Certificates.--In all school districts [and vocational school
districts], the minimum annual salary of teachers, who hold only
emergency certificates for any grade or subject which they
teach, shall be one thousand six hundred dollars ($1600).
Section 1146. Part-time Teachers, etc.--The minimum salary
of all part-time teachers, supervisors and principals shall be
as follows:
* * *
(4) [Vocational] Career and Technical Extension Education.
(a) Teachers and supervisors in approved programs of
[vocational] career and technical adult extension education,
four dollars ($4.00) per hour.
(b) All part-time teachers and supervisors in approved
[vocational] career and technical extension education shall be
limited to a maximum of ten (10) hours per week at the rate of
four dollars ($4.00) per hour. When hours in excess of ten (10)
hours per week are assigned the hourly rate shall be adjusted by
the district to conform with the established schedule but shall
be not less than one dollar and seventy-five cents ($1.75) per
hour.
* * *
Section 1164. Compensation Plans for School
Administrators.--(a) As used in this section, the following
words will have the following meanings:
"Administrative compensation" shall mean administrator
salaries and fringe benefits and shall include any board
decision that directly affects administrator compensation such
as administrative evaluation and early retirement programs.
"School administrator" shall mean any employe of the school
entity below the rank of district superintendent, executive
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director, director of [vocational-technical] career and
technical school, assistant district superintendent or assistant
executive director, but including the rank of first level
supervisor, who by virtue of assigned duties is not in a
bargaining unit of public employes as created under the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act." However, this definition shall not apply to
anyone who has the duties and responsibilities of the position
of business manager or personnel director, but not to include
principals.
"School employer" shall mean a board of school directors, the
area [vocational-technical] career and technical school board of
directors or the intermediate unit board of school directors as
defined in this act.
* * *
Section 1166. Persons Entitled.--(a) Any person employed in
the public school system of this Commonwealth who has completed
ten (10) years of satisfactory service as a professional employe
or member of the supervisory, instructional or administrative
staff, or as a commissioned officer, of any board of school
directors, county board of school directors, or any other part
of the public school system of the Commonwealth, shall be
entitled to a leave of absence for professional development or a
sabbatical leave for restoration of health or, at the discretion
of the board of school directors, for other purposes. At least
five consecutive years of such service shall have been in the
school district from which leave of absence for professional
development or sabbatical leave for restoration of health is
sought, unless the board of school directors shall in its
discretion allow a shorter time: Provided, however, That in the
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case of professional employes of area [vocational-technical]
career and technical schools or technical institutes prior
service in the participating school districts shall be credited
toward such service requirement. A leave of absence for
professional development or sabbatical leave for restoration of
health shall be for a half or full school term or for two half
school terms during a period of two years, at the option of such
person: Provided, however, if a sabbatical leave is requested
because of the illness of an employe, a leave shall be granted
for a period equivalent to a half or full school term or
equivalent to two half school terms during a period of two
years: Provided further, That if a sabbatical leave for
restoration of health or a leave of absence for professional
development for one half school term or its equivalent has been
granted and the employe is unable to return to school service
because of illness or physical disability, the employe, upon
written request prior to the expiration of the original leave,
shall be entitled to a further leave for one half school term or
its equivalent: Provided further, That if a leave for a full
school term or its equivalent has been granted and the employe
is unable to return to school service because of illness or
physical disability, the board of school directors may extend
such leave for such periods as it may determine but not to
exceed one full school term or its equivalent. Thereafter, one
leave of absence for professional development or a sabbatical
leave for restoration of health shall be allowed after each
seven years of service.
* * *
Section 1176. Leave of Absence.--
(a) Any employe of any school district, who shall have been
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regularly employed by any school district or [vocational school
district] career and technical school for any period, and who
shall volunteer for military service in the armed forces of the
United States of America in time of war or during a state of
national emergency or who shall be inducted for military service
in the Armed Forces of the United States of America at any time,
shall, within thirty (30) days after the receipt of notice to
report for duty, send a copy of such notice to the secretary of
the school board by which he is employed.
* * *
Section 1195. Distinguished Educators Program.--* * *
(h) Any school district, intermediate unit or area
[vocational-technical] career and technical school may grant
leave to a Distinguished Educator to serve under and in
accordance with the provisions of this article.
* * *
Section 11. The definition of "school entity" in section
1101-A of the act is amended to read:
Section 1101-A. Definitions.--When used in this article, the
following words and phrases shall have the following meanings:
* * *
"School entity" shall mean a public school district,
intermediate unit or area [vocational-technical] career and
technical school.
* * *
Section 12. The definition of "public school" in section
1101-B of the act is amended to read:
Section 1101-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Public school." A school operated by a school district,
intermediate unit, charter school, cyber charter school or an
area [vocational-technical] career and technical school.
Section 13. Sections 1105-B(c)(1)(i), 1201.1(a) introductory
paragraph, (2), (5) and (7) and 1204.1(a) of the act are amended
to read:
Section 1105-B. Repayment.
* * *
(c) Waiver of repayment.--Upon the application of the
eligible teacher, the department:
(1) Shall waive the repayment requirement if the
department finds that the teacher was unable to complete the
process or meet the requirements of section 1104-B(b) due to:
(i) administrative action on the part of the school
district or area [vocational-technical] career and
technical school for other than causes enumerated in
section 1122;
* * *
Section 1201.1. Substitute Teaching Permit for Prospective
Teachers.--(a) An individual who does not hold a certificate
under section 1201 shall be eligible to teach as a substitute in
a school district, an area [vocational-technical] career and
technical school or an intermediate unit provided that:
* * *
(2) The chief school administrator of a school district, an
area [vocational-technical] career and technical school or an
intermediate unit may issue a Substitute Teaching Permit for
Prospective Teachers to an uncertified individual meeting the
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requirements of clause (1) who provides verification of the
individual's enrollment status under paragraph (1)(i) and
completed hours under paragraph (1)(ii).
* * *
(5) The individual shall receive a salary fixed by the
governing body of the school district, area [vocational-
technical] career and technical school or intermediate unit.
* * *
(7) The Department of Education shall provide an annual
report on the use of the permits under this section to the
chairperson and minority chairperson of the Education Committee
of the Senate and the chairperson and minority chairperson of
the Education Committee of the House of Representatives. To
complete the report, the department shall annually survey school
districts, [vocational-technical] career and technical schools
and intermediate units.
* * *
Section 1204.1. Standard Employment Application.--(a) The
Secretary of Education, in consultation with organizations
representing school administrators, including personnel
administrators, teachers and school boards, shall develop a
standard employment application form for use by individuals
eligible for or in possession of instructional, [vocational]
career and technical instructional, intern or [vocational]
career and technical intern teaching certificates in making
application for employment with school districts within this
Commonwealth.
* * *
Section 14. Section 1204.2 of the act, amended June 22, 2018
(P.L.241, No.39), is amended to read:
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Section 1204.2. [Vocational] Career and Technical
Instructional Certificate.--(a) The Secretary of Education may
grant a certificate under this section to every person who
presents to the Department of Education satisfactory evidence of
good moral character and who has completed such work in
[vocational] career and technical education as may be required
by the standards of the State Board of Education.
(b) In addition to other requirements promulgated by the
State Board of Education, the State Board of Education shall
require an applicant to present evidence of at least four (4)
years of wage-earning experience in the occupation to be taught
in order for the Secretary of Education to grant the applicant a
[Vocational] Career and Technical Intern Certificate under 22
Pa. Code § 49.151 (relating to eligibility and criteria).
(c) Notwithstanding any other requirement promulgated by the
State Board of Education, the State Board of Education shall not
require an applicant to have completed more than eighteen (18)
credit hours in an approved program of [vocational] career and
technical teacher education in order for the Secretary of
Education to grant the applicant a [Vocational] Career and
Technical Instructional I Certificate under 22 Pa. Code § 49.142
(relating to Vocational Instructional I), which certificate
shall entitle the individual to teach for eight (8) annual
school terms.
(d) Notwithstanding any other requirement promulgated by the
State Board of Education, the State Board of Education shall not
require an applicant to have completed more than sixty (60)
total credit hours in an approved program of [vocational] career
and technical teacher education in order for the Secretary of
Education to grant the applicant a [Vocational] Career and
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Technical Instructional II Certificate under 22 Pa. Code §
49.143 (relating to Vocational Instructional II). Credit hours
in an approved program of [vocational] career and technical
teacher education completed by the applicant toward the
fulfillment of the requirements for a [Vocational] Career and
Technical Instructional I Certificate shall be counted toward
the total credit hours required for a [Vocational] Career and
Technical Instructional II Certificate.
(e) The Department of Education shall form a professional
advisory committee for the purposes of reviewing [vocational]
career and technical instructional certification program
guidelines every five (5) years to ensure that the requirements
for program design and delivery pertain to the professional
responsibilities of a [vocational] career and technical
educator. The professional advisory committee shall, at a
minimum, include representatives whose primary responsibility is
teaching occupational skills in State-approved [vocational]
career and technical education programs.
Section 15. Sections 1205.1(f)(2), 1205.2(n.1)(2) and (o),
1205.4(d), 1205.5(g) and (h)(2), 1205.6(b), 1207.1(d)(1)
introductory paragraph, 1217(a)(2)(i) and (c) and 1317.2(a),
(b), (c), (e) and (f) introductory paragraph of the act are
amended to read:
Section 1205.1. Continuing Professional Development.--* * *
(f) * * *
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and [vocational] career and technical director
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certificates complete a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 shall not be suspended.
Section 1205.2. Program of Continuing Professional
Education.--* * *
(n.1) * * *
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and [vocational] career and technical director
certificates complete a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 shall not be suspended.
* * *
(o) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Approved provider" is an institution of higher education,
school entity, individual, corporation, partnership, limited
liability company or association approved by the department to
provide continuing professional education credits or hours under
this section. Provided, a school entity may approve a provider
of continuing professional education credits or hours in
accordance with department guidelines.
"Area of a professional educator's assignment or
certification" shall mean any component of the education
profession as it relates to the current job title or description
of the professional educator or to any area of certification
listed on the professional employe's Pennsylvania certification
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or to the type of certificate or endorsement held by the
professional educator.
"Collegiate studies" shall mean a formal program or course of
study at an institution of higher education leading to the award
of academic credit.
"Compliance period" shall mean the period of time in which a
professional educator must satisfactorily complete continuing
professional education as required under subsection (a) and
which concludes every five years beginning:
(1) July 1, 2000, for those professional educators who were
issued a State certificate prior to July 1, 2000; or
(2) on the date on which the professional educator is issued
a State certificate for those professional educators who were
certified after July 1, 2000.
"Continuing professional education courses" shall mean
courses for credit, other than collegiate studies, conducted by
providers approved by the department.
"Professional educator" shall mean an individual who holds a
Pennsylvania teacher, educational specialist or administrative
certification or letter of eligibility.
"School entity" shall mean a school district, an intermediate
unit, a joint school district, an area [vocational-technical]
career and technical school, a charter school[, the Scotland
School for Veterans' Children] and the Scranton School for the
Deaf or any of these acting jointly.
Section 1205.4. CPR Instruction.--* * *
(d) For purposes of this section, a school entity shall be
defined as a local school district, intermediate unit or area
[vocational-technical] career and technical school.
Section 1205.5. Continuing Professional Education for School
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or System Leaders.--* * *
(g) For the purpose of this section, the term "school or
system leader" shall mean an individual who serves on a
certificate as a principal, vice principal, assistant principal,
superintendent, assistant superintendent, intermediate unit
executive director, assistant intermediate unit executive
director or director of an area [vocational-technical] career
and technical school.
(h) * * *
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and [vocational] career and technical director
certificates complete a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 shall not be suspended.
Section 1205.6. Child Abuse Recognition and Reporting
Training.--* * *
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Abuse." Conduct that falls under the purview and reporting
requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
services) and is directed toward or against a child or 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." A public school, charter school, cyber
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charter school, private school, nonpublic school, intermediate
unit or area [vocational-technical] career and technical school.
"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 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.
Section 1207.1. Postbaccalaureate Certification.--* * *
(d) (1) Notwithstanding any other provision of law, no
person shall be granted an administrative certificate or a
[vocational] career and technical director certificate by the
Department of Education unless:
* * *
Section 1217. Pennsylvania School Leadership Standards.--(a)
Programs provided under section 1205.5(c) and (d) to prepare
school or system leaders and for purposes of issuing
administrator certificates or letters of eligibility and
approved programs for the induction and continuing professional
education of school or system leaders shall address:
* * *
(2) The following corollary standards:
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(i) Creating a culture of teaching and learning with an
emphasis on learning, including teaching and learning in
manufacturing and [vocational] career and technical fields.
* * *
(c) For the purpose of this section, the term "school or
system leader" shall mean an individual who serves on a
certificate as a principal, vice principal, assistant principal,
superintendent, assistant superintendent, intermediate unit
executive director, assistant intermediate unit executive
director or director of an area [vocational-technical] career
and technical school.
Section 1317.2. Possession of Weapons Prohibited.--(a)
Except as otherwise provided in this section, a school district
or area [vocational-technical] career and technical school shall
expel, for a period of not less than one year, any student who
is determined to have brought onto or is in possession of a
weapon on any school property, any school-sponsored activity or
any public conveyance providing transportation to a school or
school-sponsored activity.
(b) Every school district and area [vocational-technical]
career and technical school shall develop a written policy
regarding expulsions for possession of a weapon as required
under this section. Expulsions shall be conducted pursuant to
all applicable regulations.
(c) The superintendent of a school district or an
administrative director of an area [vocational-technical] career
and technical school may recommend modifications of such
expulsion requirements for a student on a case-by-case basis.
The superintendent or other chief administrative officer of a
school entity shall, in the case of an exceptional student, take
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all steps necessary to comply with the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
et seq.).
* * *
(e) Nothing in this section shall be construed as limiting
the authority or duty of a school or area [vocational-technical]
career and technical school to make an alternative assignment or
provide alternative educational services during the period of
expulsion.
* * *
(f) All school districts and area [vocational-technical]
career and technical schools shall report all incidents
involving possession of a weapon prohibited by this section as
follows:
* * *
Section 16. The definition of "educational entity" in
section 1326 of the act, amended June 22, 2018 (P.L.241, No.39),
is amended to read:
Section 1326. Definitions.--When used in this article, the
following words and phrases shall have the following meanings:
* * *
"Educational entity" shall mean a public school district,
charter school, regional charter school, cyber charter school or
area [vocational-technical] career and technical school.
* * *
Section 17. Sections 1327(a), 1361(1) and 1381 of the act
are amended to read:
Section 1327. Compulsory School Attendance.--(a) Except as
hereinafter provided, every child of compulsory school age
having a legal residence in this Commonwealth, as provided in
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this article, and every migratory child of compulsory school
age, is required to attend a day school in which the subjects
and activities prescribed by the standards of the State Board of
Education are taught in the English language. In lieu of such
school attendance, any child fifteen years of age with the
approval of the district superintendent and the approval of the
Secretary of Education, and any child sixteen years of age with
the approval of the district superintendent of schools, may
enroll as a day student in a private trade school or in a
private business school licensed by the Department of Education,
or in a trade or business school, or department operated by a
local school district or districts. Such modified program
offered in a public school must meet the standards prescribed by
the State Board of Education or the State Board [for Vocational]
of Career and Technical Education. Except as hereinafter
provided, every parent, guardian, or other person having control
or charge of any child or children of compulsory school age is
required to send such child or children to a day school in which
the subjects and activities prescribed by the standards of the
State Board of Education are taught in the English language.
Such parent, guardian, or other person having control or charge
of any child or children, fifteen or sixteen years of age, in
accordance with the provisions of this act, may send such child
or children to a private trade school or private business school
licensed by the Department of Education, or to a trade or
business school, or department operated by a local school
district or districts. Such modified program offered in a public
school must meet the standards prescribed by the State Board of
Education or the State Board [for Vocational] of Career and
Technical Education. Such child or children shall attend such
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school continuously through the entire term, during which the
public schools in their respective districts shall be in
session, or in cases of children of migrant laborers during the
time the schools are in session in the districts in which such
children are temporarily domiciled. The financial responsibility
for the education of such children of migrant laborers shall
remain with the school district in which such children of
migrant laborers are temporarily domiciled; except in the case
of special schools or classes conducted by an intermediate unit
and approved by the Department of Education or conducted by the
Department of Education. The certificate of any principal or
teacher of a private school, or of any institution for the
education of children, in which the subjects and activities
prescribed by the standards of the State Board of Education are
taught in the English language, setting forth that the work of
said school is in compliance with the provisions of this act,
shall be sufficient and satisfactory evidence thereof. Regular
daily instruction in the English language, for the time herein
required, by a properly qualified private tutor, shall be
considered as complying with the provisions of this section. For
the purposes of this section, "properly qualified private tutor"
shall mean a person who is certified by the Commonwealth of
Pennsylvania to teach in the public schools of Pennsylvania; who
is teaching one or more children who are members of a single
family; who provides the majority of the instruction to such
child or children; and who is receiving a fee or other
consideration for such instructional services. No person who
would be disqualified from school employment by the provisions
of subsection (e) of section 111 may be a private tutor, as
provided for in this section. The private tutor must file a copy
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of his Pennsylvania certification and the required criminal
history record with the student's district of residence
superintendent.
* * *
Section 1361. When Provided.--(1) The board of school
directors in any school district may, out of the funds of the
district, provide for the free transportation of any resident
pupil to and from the kindergarten, elementary school, or
secondary school in which he is lawfully enrolled, provided that
such school is not operated for profit and is located within the
district boundaries or outside the district boundaries at a
distance not exceeding ten miles by the nearest public highway,
except that such ten-mile limit shall not apply to area
[vocational technical] career and technical schools which
regularly serve eligible district pupils or to special schools
and classes approved by the Department of Education, and to and
from any points within or without the Commonwealth in order to
provide field trips for any purpose connected with the
educational pursuits of the pupils. When provision is made by a
board of school directors for the transportation of public
school pupils to and from such schools or to and from any points
within or without the Commonwealth in order to provide field
trips as herein provided, the board of school directors shall
also make identical provision for the free transportation of
pupils who regularly attend nonpublic kindergarten, elementary
and high schools not operated for profit to and from such
schools or to and from any points within or without the
Commonwealth in order to provide field trips as herein provided.
Such transportation of pupils attending nonpublic schools shall
be provided during regular school hours on such dates and
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periods that the nonpublic school not operated for profit is in
regular session, according to the school calendar officially
adopted by the directors of the same in accordance with
provisions of law. The board of school directors shall provide
such transportation whenever so required by any of the
provisions of this act or of any other act of Assembly.
* * *
Section 1381. Higher Education for Blind or Deaf Students.--
The Department of [Public Instruction] Education is authorized
to make provision for defraying the necessary expense of any
students who are blind or deaf and are regularly enrolled
students pursuing any course of study, profession, art, or
science in any university, college, conservatory of music,
normal, professional, or [vocational] career and technical
school approved by the Department of [Public Instruction]
Education, and who are residents of [the] this Commonwealth.
Before any contract is entered into, the Department of [Public
Instruction] Education shall make a careful investigation of all
circumstances surrounding the case. If, after such
investigation, it appears that any [blind or deaf] student who
is deaf or blind who desires to attend any such school or
institution, or who is attending such school or institution,
seems to be fitted for special work, the Department of [Public
Instruction] Education is authorized to expend the necessary
amount, out of the general sum appropriated for this purpose,
not to exceed five hundred dollars ($500) per year for each such
[blind or deaf] student who is deaf or blind.
Section 18. The definitions of "chief school administrator"
and "school entity" in section 1301-A of the act are amended to
read:
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Section 1301-A. Definitions.--As used in this article,
"Chief school administrator" shall mean the superintendent of
a public school district, superintendent of an area [vocational-
technical] career and technical school, executive director of an
intermediate unit or chief executive officer of a charter
school.
* * *
"School entity" shall mean any public school district,
intermediate unit, area [vocational-technical] career and
technical school or charter school.
* * *
Section 19. Sections 1414.1(d), 1414.2(j), 1414.3(e),
1414.4(d), 1414.5(d), 1423(l), 1424(c) and 1505(e) of the act
are amended to read:
Section 1414.1. Possession and Use of Asthma Inhalers and
Epinephrine Auto-Injectors.--* * *
(d) As used in this section, "school entity" means a school
district, intermediate unit, charter school or area [vocational-
technical] career and technical school.
* * *
Section 1414.2. School Access to Emergency Epinephrine.--* *
*
(j) As used in this section, "school entity" means a school
district, intermediate unit, charter school, cyber charter
school, regional charter school or area [vocational-technical]
career and technical school.
Section 1414.3. Education of School Employes in Diabetes
Care and Management.--* * *
(e) For purposes of this section, "school entity" means a
school district, intermediate unit, area [vocational-technical]
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career and technical school, charter school or cyber charter
school.
Section 1414.4. Diabetes Care in Schools.--* * *
(d) For purposes of this section:
"School bus" means a school bus as defined in 75 Pa.C.S. §
102 (relating to definitions).
"School entity" means a school district, intermediate unit,
area [vocational-technical] career and technical school, charter
school or cyber charter school.
"School vehicle" means a school vehicle as defined in 75
Pa.C.S. § 102.
Section 1414.5. Possession and Use of Diabetes Medication
and Monitoring Equipment.--* * *
(d) For purposes of this section, the following terms shall
have the following meanings:
"School entity" means a school district, intermediate unit,
area [vocational-technical] career and technical school, charter
school or cyber charter school.
"Diabetes medication" means glucagon and insulin.
Section 1423. Automatic External Defibrillators.--* * *
(l) As used in this section--
"Automatic external defibrillator" means a portable device
that uses electric shock to restore a stable heart rhythm to an
individual in cardiac arrest.
"Department" means the Department of Education of the
Commonwealth.
"Nonpublic school" means a nonprofit school, other than a
public school within this Commonwealth, wherein a resident of
this Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and which meets the
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applicable requirements of Title VI of the Civil Rights Act of
1964 (Public Law 88-352, 78 Stat. 241).
"School building" means a building owned by or under the
control of a school entity or nonpublic school where classes are
taught or extracurricular activities are conducted on a regular
basis.
"School entity" means an area [vocational-technical] career
and technical school, a charter school, a cyber charter school,
an intermediate unit or a school district.
"Secretary" means the Secretary of Education of the
Commonwealth.
Section 1424. Cardiopulmonary Resuscitation.--* * *
(c) As used in this section, "school entity" means an area
[vocational-technical] career and technical school, a charter
school, a cyber charter school, an intermediate unit, a
nonpublic school or a school district.
Section 1505. Secretary Declaration of Emergencies.--* * *
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Charter school entity" shall mean a charter school, regional
charter school or cyber charter school.
"Department" shall mean the Department of Education of the
Commonwealth.
"School entity" shall mean a school district, area
[vocational-technical] career and technical school or
intermediate unit.
Section 20. Section 1517(f) of the act, amended November 6,
2017 (P.L.1142, No.55), is amended to read:
Section 1517. Fire and Emergency Evacuation Drills.--* * *
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(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Chief school administrator" shall mean the superintendent of
a school district, superintendent of an area [vocational-
technical] career and technical school, executive director of an
intermediate unit or chief executive officer of a charter school
or regional charter school.
"School entity" shall mean an area [vocational-technical]
career and technical school, school district, intermediate unit,
charter school or regional charter school.
"School security drill" shall mean a planned exercise, other
than a fire drill or natural disaster drill, designed to
practice procedures to respond to an emergency situation that
may include, but is not limited to, an act of terrorism, armed
intruder situation or other violent threat.
Section 21. Sections 1526(d) and 1527(c) of the act are
amended to read:
Section 1526. Youth Suicide Awareness and Prevention.--* * *
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this
act and which meets the requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Professional educator." As defined in section 1205.2(o).
"School entity." A school district, joint school district,
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charter school, regional charter school, cyber charter school,
intermediate unit or area [vocational-technical] career and
technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1527. Child Exploitation Awareness Education.--* * *
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this
act and which meets the requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Professional educator." As defined in section 1205.2(o).
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area [vocational-technical] career and
technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 22. Sections 1549(e) and 1549.1(f)(3)(v) and (p) of
the act, amended or added November 6, 2017 (P.L.1142, No.55),
are amended to read:
Section 1549. Agricultural Education.--* * *
(e) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
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"School entity." A public school district, intermediate unit
or area [vocational-technical] career and technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1549.1. Commission for Agricultural Education
Excellence.--* * *
(f) The commission shall consist of the following members:
* * *
(3) The following members jointly appointed by the Secretary
of Education and the Secretary of Agriculture from lists
submitted by the President pro tempore of the Senate and the
Speaker of the House of Representatives, in consultation with
the Majority Leader and Minority Leader of the Senate and the
Majority Leader and Minority Leader of the House of
Representatives:
* * *
(v) Two teachers of [vocational] career and technical
agriculture, one from a career and technical center and one from
a school district.
* * *
(p) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Commission." The Commission for Agricultural Education
Excellence established under this section.
"Farmer." A person who engages in activities, practices and
procedures to produce and prepare for market poultry, livestock
and their products or who engages in the production and
harvesting of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and whose
operation is conducted on not less than ten contiguous acres in
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area or, if less than ten contiguous acres in area, has an
anticipated yearly gross income of at least ten thousand dollars
($10,000).
"FFA." A career and technical student organization that
encourages leadership, personal growth and career success
through agricultural education.
"School entity." A public school district, intermediate unit
or area [vocational-technical] career and technical school.
Section 23. Sections 1551(f), 1554(g) and 1503-A(a) and (c)
(2) and (4) of the act are amended to read:
Section 1551. Economic Education and Personal Financial
Literacy Programs.--* * *
(f) The following words and phrases when used in this
section shall have the meanings given to them in this
subsection:
"Department." The Department of Education of the
Commonwealth.
"Personal financial literacy." The integration of various
factors relating to personal financial management, including
understanding financial institutions, using money, learning to
manage personal assets and liabilities, creating budgets and any
other factors that may assist an individual in this Commonwealth
to be financially responsible.
"School entity." A public school district, charter school,
cyber charter school, intermediate unit or area [vocational-
technical] career and technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1554. Holocaust, Genocide and Human Rights
Violations Instruction.--* * *
(g) For purposes of this section, the term "school entity"
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shall mean a school district, charter school, regional charter
school, cyber charter school, intermediate unit or area
[vocational-technical] career and technical school.
Section 1503-A. Basic Education Grants.--(a) Grants shall
be allocated to school districts and to area [vocational-
technical] career and technical schools by the department from
funds appropriated for this purpose. A nonpublic school, an
intermediate unit or local library may participate in the grant
process through a partnership with a school district.
* * *
(c) * * *
(2) School districts, charter schools, area [vocational-
technical] career and technical schools and intermediate units
are eligible to apply for grants as prescribed by the
department. Maximum grant awards will be established by the
department based on a formula that considers the market
value/income aid ratio and average daily membership. The
department may establish matching requirements for grant
recipients.
* * *
(4) An applicant may collaborate or form a partnership with
one or more of the following: a political subdivision, a school
district, an area [vocational-technical] career and technical
school, an intermediate unit, a nonpublic school, a local
library, an independent institution of higher education, a
State-owned institution, a State-related institution, a
community education council or any other entity approved by the
Department of Education.
Section 24. The definition of "school entity" in section
1501-C of the act is amended to read:
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Section 1501-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"School entity." Shall mean:
(1) For purposes of the Educational Support Services
Program, any of the following located in this Commonwealth: a
school district, intermediate unit, joint school district,
area [vocational-technical] career and technical school,
charter school, independent school, licensed private academic
school, accredited school, a school registered under section
1327(b)[, the Scotland School for Veterans' Children] or the
Scranton School for the Deaf.
(2) For purposes of the Educational Assistance Program
established in section 1502-C, any of the following located
in this Commonwealth: a school district, joint school
district, area [vocational-technical] career and technical
school or independent school.
Section 25. The definition of "school entity" in section
1502-I of the act is amended to read:
Section 1502-I. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"School entity." Any of the following:
(1) A school district.
(2) An intermediate unit.
(3) An area [vocational-technical] career and technical
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school.
(4) A charter school or regional charter school, as
defined in section 1703-A.
* * *
Section 26. Sections 1605(c)(2), 1607(a) and 1614(a) of the
act are amended to read:
Section 1605. Courses of Study.--* * *
(c) * * *
(2) As used in this subsection, "public high school" shall
mean a public school, including a school within a school
district, a charter school, a cyber charter school, a regional
charter school or an area [vocational-technical] career and
technical school, that offers twelfth grade.
Section 1607. Attendance in Other Districts.--(a) Except as
set forth in subsection (b), pupils residing in a school
district in which no public high school is maintained may
attend, during the entire term, at the expense of the school
district of which they are residents, the nearest or most
conveniently located high school of such class as they may
desire to attend, unless the board of school directors of the
district of residence shall have assigned the pupils to a high
school and adequate transportation is provided thereto. Pupils
who reside in a school district in which no public high school,
other than a [vocational] career and technical high school is
maintained, may attend, during the entire term, the nearest or
most conveniently located academic high school. In any district
which maintains a high school whose program of studies
terminates before the end of the twelfth year, pupils who have
satisfactorily completed the program of studies there available
in other than [vocational] career and technical schools or
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departments, or have completed a program of studies equivalent
to said program of studies in some other school or schools, may
attend, at the expense of the school district in which they
live, and for the purpose of pursuing academic studies of a
higher grade, the nearest or most conveniently located high
school of such type as they may desire to attend giving further
high school work.
* * *
Section 1614. Participation By Students With Disabilities in
High School Graduation Ceremonies.--(a) For the 2005-2006
school year and each school year thereafter, a board of school
directors of a school district, an area [vocational-technical]
career and technical school or a charter school shall allow a
student with a disability, whose individualized education
program as established pursuant to 22 Pa. Code § 14.131
(relating to IEP) prescribes continued special education
programs beyond the fourth year of high school, to participate
in commencement ceremonies with the student's graduating class
and receive a certificate of attendance, provided that the
student has attended four years of high school regardless of
whether the student has completed the individualized education
program.
* * *
Section 27. The definitions of "concurrent student" and
"school entity" in section 1602-B of the act are amended to
read:
Section 1602-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"Concurrent student." A student who is enrolled in a school
district, a charter school, an area [vocational-technical]
career and technical school, a nonpublic school, a private
school or a home education program under section 1327.1 and who
takes a concurrent course through a concurrent enrollment
program.
* * *
"School entity." A school district or an area [vocational-
technical] career and technical school.
* * *
Section 28. Sections 1603-B(c)(1), 1614-B(b) and 1615-B(a)
of the act are amended to read:
Section 1603-B. Responsibilities of department and State Board
of Education.
* * *
(c) Grants.--
(1) The department shall provide a grant to any school
entity that has applied for grant funds under section 1611-
B(c) and has approved a concurrent enrollment program as set
forth in this article. The grant amount to each school entity
shall be calculated for each concurrent course as follows:
(i) Determine the total approved cost for all
concurrent students who are residents of the school
district or enrolled in the area [vocational-technical]
career and technical school.
(ii) Multiply the amount from subparagraph (i) by
the sum of 0.425 and the market value/income aid ratio of
the school entity, provided that where a concurrent
student is enrolled in an area [vocational-technical]
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career and technical school, the market value/income aid
ratio shall be the average of the market value/income aid
ratios of the concurrent students' school districts of
residence.
* * *
Section 1614-B. Enrollment in concurrent courses.
* * *
(b) Optional enrollment.--A student enrolled in a school
district, charter school, area [vocational-technical] career and
technical school, nonpublic school, private school or home
education program who does not qualify under subsection (a) may
enroll in concurrent courses that are part of a concurrent
enrollment program approved by the student's school district of
residence or the area [vocational-technical] career and
technical school in which the student is enrolled by meeting
alternate criteria agreed upon by the school entity and the
eligible postsecondary institution at which the student seeks to
enroll in concurrent courses, provided that the charter school,
nonpublic school, private school or home education program
awards secondary credit for a successfully completed concurrent
course. The student shall be included in the number of students
reported to the department under section 1611-B(b) and (c).
Section 1615-B. Credit for concurrent courses.
(a) Award.--A school district, charter school, area
[vocational-technical] career and technical school, nonpublic
school, private school or home education program shall award
secondary credit for a successfully completed concurrent course,
with success being determined by the eligible postsecondary
institution and set forth in the concurrent enrollment agreement
under section 1613-B(b)(4).
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* * *
Section 29. The definition of "school entity" in section
1602-C of the act is amended to read:
Section 1602-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"School entity." A school of a school district, joint school
district, area [vocational-technical] career and technical
school or charter school that provides interscholastic athletic
opportunities for secondary school students.
* * *
Section 30. Section 1707 of the act is amended to read:
Section 1707. Joint School Committee.--The boards of school
directors, establishing any joint school or department, may
supervise and direct its affairs, jointly, in the same manner as
the affairs of individual school districts are managed; or they
may agree that the affairs of such joint school or department
may be managed by a joint school committee within the limits of
the budget adopted by the joint board. Where such management is
delegated to a joint school committee, every school board
establishing joint schools or departments shall, at the annual
meeting during the month of December, select one or more of its
members who, with the members chosen in like manner in the other
districts, shall constitute the joint school committee. Every
such school board may also select at any annual or regular
meeting one or more alternates from its members to serve in the
event selected members are unable to attend a meeting of the
joint school committee. The alternate, when directed by the
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president of the school board to attend a meeting of the joint
school committee in the absence of the selected member, shall
have all the powers and duties of a regular member of such
committee. This committee shall have all the powers and duties
and be subject to all the liabilities with reference to the
supervision, maintenance and regulation of such joint schools or
departments as are now conferred or imposed by law upon school
boards generally. The affirmative vote of a majority of all the
members of this committee, duly recorded, showing how each
member voted, shall be required in order to take action upon
those subjects enumerated in section five hundred eight of this
act. Such votes may be recorded in a joint meeting or by mail
ballot. Failure to comply with the provisions of this act shall
render void and unenforceable the acts of the joint school
committee with reference thereto. The joint board and the joint
school committee, if authorized, shall organize annually during
the month of December by electing a president, vice-president
and secretary, who shall perform the duties imposed by this act
on the president, vice-president and secretary of regular school
boards. The secretary so elected shall serve for a term of four
years. The expenses of maintaining the joint school or
department shall be paid by warrant drawn on the joint board
treasurer by the president and secretary of the joint board or
the joint school committee.
Whenever two or more boards of school directors, who are at
the time members of a joint board operating a joint school or
department, join with other boards of school directors in the
formation of a joint school committee operating an area
[vocational-technical] career and technical school or technical
institute, the joint committee may be formed as may be agreed:
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Provided, That each joint school or department have at least one
member on the joint school committee.
Section 31. The definition of "school entity" in section
1703-A of the act is amended to read:
Section 1703-A. Definitions.--As used in this article,
* * *
"School entity" shall mean a school district, intermediate
unit, joint school or area [vocational-technical] career and
technical school.
* * *
Section 32. The heading of Article XVIII of the act is
amended to read:
ARTICLE XVIII.
[VOCATIONAL] CAREER AND TECHNICAL EDUCATION.
Section 33. Sections 1801, 1802, 1803, 1803.1 introductory
paragraph and (1), 1804, 1805, 1806, 1807, 1808, 1809, 1810 and
1811 of the act are amended to read:
Section 1801. Definitions.--The following words and phrases
as used in this article shall, unless a different meaning is
plainly required by the context, have the following meanings:
(1) "State Board [for Vocational] of Career and Technical
Education" shall mean the State Board of Education, herein
invested with powers to administer this article of this act
under the designation of the State Board [for Vocational] of
Career and Technical Education.
(2) "[Vocational] Career and technical education" shall mean
any form of education of less than college grade, given in
school or elsewhere, the purpose of which is to fit an
individual to pursue effectively a recognized profitable
employment, whether pursued for wages or otherwise.
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(3) "[Vocational] Career and technical industrial education"
shall mean those forms of [vocational] career and technical
education that fit for industrial pursuits. It includes
occupational training [for women and girls] other than training
for the [vocation] career of homemaking. It includes also public
and other service occupations.
(4) "[Vocational] Career and technical agricultural
education" shall mean that form of [vocational] career and
technical education which develops student potential for success
in entering and advancing through careers in the food,
agriculture and natural resources sciences, such as production
agriculture, animal science, agribusiness management and
marketing, agricultural research, energy systems, agricultural
mechanics and engineering, biotechnology, food science,
processing and retailing, banking, agricultural education,
forestry, horticulture, landscape contracting, nursery and
floriculture production, retail garden center management,
leadership and career development, management, economics and
marketing, natural resource management, plant and soil science,
power and systems technology, rural-urban interfacing and other
related fields.
(5) "[Vocational] Career and technical distributive
occupational education" shall mean those forms of [vocational]
career and technical education designed for those workers
engaged in or preparing for employment as distributors to
consumers, retailers, jobbers, wholesalers, and others of the
products of farm and industry, including, also, managers
operating or conducting a commercial service or personal service
business, or selling the services of such a business.
(6) "[Vocational] Career and technical homemaking education"
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shall mean that form attitudes in the subject matter areas of
home economics and useful programs that are designed to help
individuals and families improve home environment and the
quality of family life.
(7) "[Vocational] Career and technical industrial,
[vocational] career and technical agricultural, [vocational]
career and technical distributive occupational, or [vocational]
career and technical homemaking school or department," or
"[vocational] career and technical school or department," shall
mean a distinctive organization of courses, pupils, and teachers
approved by the State Board [for Vocational] of Career and
Technical Education, designed to give either [vocational] career
and technical industrial, [vocational] career and technical
agricultural, [vocational] career and technical distributive
occupational, or [vocational] career and technical homemaking
education, as herein defined.
(8) "[Vocational] Career and technical evening class" shall
mean a class providing such instruction for persons sixteen
years of age or over, who have left full-time school. These
classes may be conducted in the evening, or at hours when
workers are able to attend, and shall include instruction that
will either increase the skill or knowledge of the worker in the
occupation in which he is employed, or include instruction for
those who are unemployed or about to become unemployed because
of changing conditions in industry, and whose previous
experience, as a background, prepares them for employment in
related fields within a limited time.
(9) "[Vocational] Career and technical evening class" in
[vocational] career and technical homemaking shall mean a class
giving training as indicated in clause (6) for students during
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the evening.
(10) "[Vocational] Career and technical homemaking school or
department" shall mean a [vocational] career and technical
school or department designed to develop, on a [vocational]
career and technical basis, the capacity for useful employment
as indicated in clause (6).
(11) "Part-time schools or classes" shall mean those schools
or classes which provide instruction in subjects given to
enlarge the civic or [vocational] career and technical knowledge
or skill of workers over fourteen years of age who have entered
upon employment. Such schools must be so organized as to permit
workers, who are qualified for admission, to spend part of their
time during the day, week, month, or year in employment, and
part of the time in school.
(12) "Part-time cooperative [vocational] career and
technical education" refers to that form of [vocational] career
and technical instruction that involves attendance on alternate,
equal periods of school and work at the [vocation] career during
the school year, given in accordance with an agreement by which
the school and industry cooperate and coordinate in making
available the combined educational and training facilities of
both.
(13) "Practical" refers to manipulative or "practice-of-the-
trade" aspects of a [vocation] career. It includes such work
given in shops, laboratories, mines, drafting rooms, and other
places, and is to distinguish such work from "academic" or
["nonvocational"] "noncareer and nontechnical" education.
(14) "Public service-school" refers to schools, departments,
classes, and conferences for the in-service training of public
and other service occupations, including policemen, firemen,
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finance officers, school board officials, and others.
(15) "[Vocational] Career and Technical Education" shall
mean a subject, or combination of subjects, of less than college
grade designed to prepare an individual to enter or advance in
an occupational field wherein success is largely dependent upon
knowledge or techniques and applied sciences, the practice of
which involves aspects of planning, managing, controlling,
processing or distributing products, sales and services.
(16) "[Vocational] Career and technical business and office
education" shall mean a subject or combination of subjects of
less than college grade designed to prepare an individual to
enter or advance in an occupational field wherein success is
largely dependent upon skill and knowledge necessary to obtain
competency in bookkeeping, clerical, data processing, or
stenographic occupations, and similar business pursuits.
Section 1802. State Board [for Vocational] of Career and
Technical Education; Executive Officer; Employes.--The
[Superintendent of Public Instruction] Secretary of Education
shall be the executive officer of the State Board [for
Vocational] of Career and Technical Education for the
administration of this act. Except as hereinafter otherwise
provided, he, as executive officer, shall appoint, from time to
time, with the approval of the State Board [for Vocational] of
Career and Technical Education, such expert assistants, other
than those already provided for by law, as may be necessary in
[vocational] career and technical industrial, [vocational]
career and technical homemaking, [vocational] career and
technical agricultural, [vocational] career and technical
distributive or [vocational] career and technical business and
office occupational education, and all clerical and other agents
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necessary in carrying out the provisions of this act.
Section 1803. Duties of State Board [for Vocational] of
Career and Technical Education; Reports.--The State Board [for
Vocational] of Career and Technical Education is hereby
authorized and directed to investigate and to aid in the
introduction of [vocational] career and technical industrial,
[vocational] career and technical agricultural, [vocational]
career and technical homemaking, [vocational] career and
technical distributive and [vocational] career and technical
business and office occupational education; to assist in the
establishment of schools and departments for said forms of
education, and to inspect and approve such schools or
departments as are hereinafter provided. The State Board [for
Vocational] of Career and Technical Education shall make a
report annually to the Governor and Legislature describing the
condition and progress of [vocational] career and technical
industrial, [vocational] career and technical agricultural,
[vocational] career and technical homemaking, [vocational]
career and technical distributive and [vocational] career and
technical business and office occupational education during the
year, and shall also make such recommendations as the board may
deem advisable.
Section 1803.1. Duty of Secretary to Report Annually.--The
Secretary of Education shall report annually, to the Standing
Committees on Education of the Senate and House of
Representatives, the following information for each area
[vocational-technical] career and technical school:
(1) Number of approved [vocational] career and technical
programs during the current and prior years.
* * *
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Section 1804. Schools or Classes; Supervisors; Principals;
Instructors, etc.--In carrying out the provisions of this act,
the State Board [for Vocational] of Career and Technical
Education shall provide for [vocational] career and technical
schools or classes, with the necessary staffs, in accordance
with the State Plan for [Vocational] Career and Technical
Education, approved by the [Federal Board for Vocational
Education.
Principals, instructors and lecturers for the Public Service
Institute shall be elected by the State Board for Vocational
Education. They shall possess the qualifications established in
the State Plan for Vocational Education approved by the Federal
Board for Vocational Education.] United States Department of
Education.
Section 1805. Instruction in Theory and Practice.--In order
that instruction in theory and practice may go on together,
[vocational] career and technical industrial, [vocational]
career and technical agricultural, [vocational] career and
technical homemaking, and [vocational] career and technical
distributive occupational schools or departments may offer
instruction in day, part-time, and evening classes. Attendance
upon such day, evening, or part-time classes shall be restricted
to those over fourteen years of age.
Section 1806. Administration by School Districts.--Any
school district may, through its board of school directors--
(1) Establish and maintain [vocational] career and technical
industrial, [vocational] career and technical agricultural,
[vocational] career and technical homemaking, and [vocational]
career and technical distributive occupational schools or
departments.
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(2) Receive any donation made to the school district for the
conduct of any [vocational] career and technical school or
department or [vocational] career and technical evening classes.
The donation shall be administered by or under the direction of
the board of directors of the district to which it is made,
subject to the approval of the [Superintendent of Public
Instruction] Secretary of Education. The board of school
directors in any district shall not be obliged to accept any
such donation unless it seems proper so to do.
(3) Require a deposit fee of a sum not to exceed ten dollars
($10) from each person enrolling in evening [vocational] career
and technical schools or classes. Such deposit fee shall be
returned at the close of each term of instruction to all persons
so enrolled who have attended seventy-five per cent (75%) or
more of the class sessions of the term and may be returned at
any time because of death, sickness, or any other cause which
the board may deem justifiable.
(4) Acquire land for the purpose of an agricultural school
and equip and maintain the same in a proper manner, to be used
in connection therewith.
Section 1807. Joint [Vocational] Career and Technical
Schools or Departments.--Two or more districts may, as provided
in article seventeen of this act, through a joint school
committee, establish and maintain [vocational] career and
technical industrial, [vocational] career and technical
agricultural, [vocational] career and technical homemaking, or
[vocational] career and technical distributive occupational
schools or departments, to be known as joint [vocational] career
and technical schools or departments.
Section 1808. Advisory Committees.--Local school boards and
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joint school committees administering approved [vocational]
career and technical industrial, [vocational] career and
technical agricultural, [vocational] career and technical
homemaking, or [vocational] career and technical distributive
occupational schools or departments may, under a plan to be
approved by the State Board [for Vocational] of Career and
Technical Education, appoint an advisory committee composed of
members representing local trades, industries, and occupations.
It shall be the duty of such a committee to counsel with and
advise the local or joint board of trustees, and other school
officials, having the management and supervision of such
schools.
Section 1809. Attendance in Other Districts and Other
States; Pupils from Other States.--(a) Any resident of any
school district which does not maintain an approved [vocational]
career and technical industrial, [vocational] career and
technical agricultural, [vocational] career and technical
homemaking, or [vocational] career and technical distributive
occupational education day, part-time, or evening class, school
or department, offering the type of training which he desires,
may make application to the board of school directors of any
other district for admission to such school or department
maintained by said board. If the board refuses him admission, he
may apply to the State Board [for Vocational] of Career and
Technical Education for admission to such school or department.
The State Board [for Vocational] of Career and Technical
Education may approve or disapprove such application. In making
such decision the State Board [for Vocational] of Career and
Technical Education shall take into consideration the
opportunities for free [vocational] career and technical
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training in the community in which the applicant resides, the
financial status of the community, the age, preparation,
aptitude, and previous record of the applicant, and all other
relevant circumstances. The decision of the State Board [for
Vocational] of Career and Technical Education shall be final.
(b) Where any child of school age in any school district
resides by the nearest traveled road three miles or more from
the nearest [vocational] career and technical high school in any
district in this Commonwealth, such child, unless proper free
transportation is furnished to a suitable school in this
Commonwealth, may, on request of his parents or legal guardian,
be assigned by the board of school directors to a more
convenient school in another state: Provided, That the consent
of the proper school officials in charge of such school in
another state to such an arrangement is permitted by the laws of
such state, and is agreed to by such officials.
(c) The school district in which the person resides, who has
been admitted, as above provided, to an approved [vocational]
career and technical industrial, [vocational] career and
technical agricultural, [vocational] career and technical
homemaking, [vocational] career and technical high or
[vocational] career and technical distributive occupational
school or department maintained by another school district,
shall pay the high school charge provided for by this act. If
any school district neglects or refuses to pay for such tuition,
it shall be liable therefor, in an action of contract, to the
school district or school districts maintaining the school which
the pupil, with the approval of the board, attended.
(d) The board of school directors in any school district in
this Commonwealth, situate adjacent to another state, may admit
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to the [vocational] career and technical high school in such
district pupils resident in such other state, and may receive
tuition for such pupils as in the case of pupils admitted from
other districts in this Commonwealth.
Section 1810. Approved Local or Joint [Vocational] Career
and Technical Schools; State Reimbursement.--[Vocational] Career
and technical industrial, [vocational] career and technical
agricultural, [vocational] career and technical homemaking, and
[vocational] career and technical distributive occupational
schools or departments shall, so long as they are approved by
the State Board [for Vocational] of Career and Technical
Education as to organization, control, location, equipment,
courses of study, qualifications of teachers, methods of
instruction, conditions of admission, employment of pupils, and
expenditures of money, constitute approved local or joint
[vocational] career and technical schools. School districts
maintaining such approved local or joint [vocational] career and
technical schools or departments shall receive reimbursement
from the Commonwealth, as provided for in this act, and shall
make such certificates to the [Superintendent of Public
Instruction] Secretary of Education as are required by article
twenty-five of this act.
Section 1811. Estimate of Expenses and Reimbursements;
Appropriations.--On or before the first Wednesday of January of
any year in which the regular session of the Legislature is
held, the State Board [for Vocational] of Career and Technical
Education shall present to the Legislature an estimate of the
amount of money necessary to meet the expenditures to be
incurred in the administration of this act for the fiscal year
beginning with the first day of the ensuing June, 1961, and
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beginning with the first day of July of each year thereafter;
and the amount necessary to meet the claims of school districts
and unions of school districts maintaining approved [vocational]
career and technical schools or departments, under the
provisions of this act for the school year beginning with the
first day of the preceding July. On the basis of such statement,
the Legislature shall make an appropriation of such amounts as
may be necessary to meet the expense of carrying this act into
effect, and of reimbursing such school districts and unions of
school districts for such school year as herein provided.
Section 34. The headings of Subarticles B and C of Article
XVIII are amended to read:
(b) [Vocational] Career and Technical School Districts.
(c) Area [Vocational-Technical] Career and Technical
Schools and Technical Institutes.
Section 35. Sections 1840.1, 1841, 1842, 1844, 1845, 1847,
1849, 1850.1, 1850.2, 1850.3, 1850.4, 1851, 1852, 1853, 1855,
1922, 1925, 1901-A(4) and (5), 1905-A(a)(7), 1913-A(b)(1.2),
1908-B(b), 1901-C(1) and (6), 1901-D(5) and 1903-D(b)(1) of the
act are amended to read:
Section 1840.1. Definitions.--When used in Article XVIII of
this act, the following words and phrases shall have the
following meanings unless otherwise required by the context:
"School." The word "school" shall mean an area [vocational-
technical] career and technical school.
"Institute." The word "institute" shall mean technical
institute.
"Attendance area." An "attendance area" shall mean a
geographical area of school districts and pupils to be served by
an area [vocational-technical] career and technical school or
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institute which has been approved by the State Board [for
Vocational] of Career and Technical Education.
"Area [vocational-technical] career and technical board." An
"area [vocational-technical] career and technical board" shall
mean the boards of school directors of all of the participating
districts acting jointly.
Section 1841. Area [Vocational-Technical] Career and
Technical Schools and Technical Institutes Authorized.--An area
[vocational-technical] career and technical board may establish,
maintain, conduct and operate schools, departments or classes to
prepare for [vocational] career and technical industrial,
[vocational] career and technical agricultural, [vocational]
career and technical homemaking, business and [vocational]
career and technical distributive occupations, technical
occupations, such as aides and assistants, in physical,
biological, space and other sciences, mathematics, engineering,
construction and design, computer programming and maintenance,
and health occupations and for any other occupations requiring
[vocational] career or technical training and education, to be
known as "area [vocational-technical] career and technical
schools," for the education of pupils, out-of-school youth and
adults residing in the attendance area.
An area [vocational-technical] career and technical board or
several area [vocational-technical] career and technical boards
jointly may provide for, establish, maintain, conduct and
operate schools, departments, or classes to be known as
"technical institute" to educate, train and offer post high
school programs and courses of not more than two years'
duration, which will prepare out-of-school youth and adults for
competency in sub-professional, technical, health service,
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business, commercial, merchandising and skilled occupations and
for any other occupations for which technical training is
helpful to an employer and increases students' qualifications
for employment. Technical institute programs and courses shall
be coordinated with those offered in area [vocational-technical]
career and technical schools to [insure] ensure progressive
advancement of students. Such institutes shall be organized in
accordance with proposals of area [vocational-technical] career
and technical boards of school directors, which are approved by
the State Board [for Vocational] of Career and Technical
Education. All technical institutes shall be established,
operated and in all respects conform to standards prepared by
the Department of Education and adopted by the State Board [for
Vocational] of Career and Technical Education. Area [vocational-
technical] career and technical schools, as approved by the
State Board [for Vocational] of Career and Technical Education,
may be organized as [vocational-technical] career and technical
service centers in which pupils may enroll full-time or in which
pupils enrolled in academic high schools may elect to attend
part-time. Technical institutes approved by the State Board [for
Vocational] of Career and Technical Education may enroll out-of-
school youth and adults full-time or part-time as the students
may elect.
Area [vocational-technical] career and technical school and
technical institute attendance areas and standards for courses
and equipment shall be in conformity with standards prepared by
the Department of Education and approved by the State Board [for
Vocational] of Career and Technical Education.
Section 1842. Advisory Committees.--Each area [vocational-
technical] career and technical board operating an area
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[vocational-technical] career and technical school and/or
technical institute shall appoint an advisory committee,
composed of representatives of local trades, industries,
business research and educational agencies, occupations, and
administrators of the participating school districts. The
advisory committee shall advise the area [vocational-technical]
career and technical board on such matters as the need for a
particular shop, laboratory, occupation, equipment, curriculum,
labor management coordination, business and industrial
requirements or selection of personnel.
Section 1844. Establishment of Schools and Institutes.--(a)
The intermediate unit board of directors of each intermediate
unit shall call a convention of school directors of all school
districts in the intermediate unit to meet separately by
attendance areas, to discuss the establishment of an area
[vocational-technical] career and technical school or technical
institute, as the case may be and to call upon each district to
vote for or against participation in the establishment of a
school or institute.
In addition to the method of establishing area [vocational-
technical] career and technical schools and technical institutes
as provided above, the intermediate unit board of directors may,
at any meeting call for an election by the school directors of
the districts within an attendance area to determine if an area
[vocational-technical] career and technical school or technical
institute shall be established. The intermediate unit board of
directors shall notify, by certified mail, each school district
within an attendance area of its action. At a regular or special
meeting of each school board within an attendance area and
within sixty days of the receipt of notification, an election
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shall be held to determine if the district desires to
participate in the establishment of an area [vocational-
technical] career and technical school or technical institute.
The results of this election and the number of votes cast each
way shall be certified to the intermediate unit board of
directors.
The intermediate unit board of directors shall certify the
vote conducted in convention or by mail ballot to the Department
of Education and if sufficient school districts vote in the
affirmative, the intermediate unit board of directors shall
proceed to act as the agency to initiate the final procedures
necessary to organize and establish an area [vocational-
technical] career and technical school or technical institute in
the attendance area. School districts indicating unwillingness
to participate in the establishment of an area [vocational-
technical] career and technical school or technical institute
may become participating districts at a later date according to
terms and conditions defined by the then participating
districts.
In the event the intermediate unit board of directors fails
to call for an election and one or more districts within an
attendance area desire an election, they may request the
Department of Education to conduct such election in the same
manner prescribed for the intermediate unit board of directors.
(c) In cases where a second or third class school district
maintains an approved [vocational] career and technical program,
individually or jointly, such district or districts,
individually or jointly, may (1) make the program part of the
area [vocational-technical] career and technical school, or (2)
continue to operate the program independently either as a
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participating or non-participating district.
(d) Boards of Public Education of districts of the first
class A and first class may establish area [vocational-
technical] career and technical schools and technical institutes
by the majority vote of the members of such boards, provided
such action is approved by the State Board [for Vocational] of
Career and Technical Education.
Section 1845. Cost of Establishment, Etc., Ownership of
Property.--All expenses in connection with the establishment of
area [vocational-technical] career and technical schools or
technical institutes and additions and improvements thereof
shall be borne by the school districts participating therein in
the proportions agreed on by the respective districts. Any
school district not participating in the original establishment
of an area [vocational-technical] career and technical school or
technical institute, which later elects to become a participant,
shall contribute to the cost of the school an amount agreed on
with the then participating districts, and shall make such
further annual payments on account of obligations to the State
Public School Building Authority or rentals under leases with
municipality authorities as shall be agreed on. All property of
each area [vocational-technical] career and technical school or
technical institute shall be owned jointly by the several school
districts participating in the establishment, maintenance and
operation thereof, in the proportion the contribution of each to
the cost of acquisition, construction and improvement bears to
the total cost.
Section 1847. Attendance of Pupils from Nonparticipating
Districts.--On obtaining the consent of the area [vocational-
technical] career and technical board operating an area
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[vocational-technical] career and technical school or technical
institute, and with or without the consent of the board of
school directors of the district in which the pupil resides, any
pupil residing in a nonparticipating district may attend the
area [vocational-technical] career and technical school or
technical institute. The school district in which the pupil
resides shall be charged, for each pupil attending the area
[vocational-technical] career and technical school or technical
institute, an amount equal to the total approved budget for
current expenses, debt service and capital outlay divided by the
number of pupils enrolled in the school.
Section 1849. Petitions for Change of Plan.--Future
development of area [vocational technical] career and technical
schools shall, after approval of the State plan, conform to the
plan, and the school directors of a specified attendance area,
having reason to question the practicability of the State plan
for the specific attendance area or desiring to change the
specified area, may present the case to a committee of the State
Board [for Vocational] of Career and Technical Education with
petition for change. The decision of the State board thereon
shall be final.
Section 1850.1. Organization and Operation of Schools and
Institutes.--(a) Schools and institutes shall be the
responsibility of the participating boards of school directors
of an approved attendance area. Such boards of school directors
shall have authority to enter into a written agreement by and
among themselves establishing such school or institute setting
forth, inter alia, the rights and obligations of the
participating districts. No change shall be made in such
agreement without the consent of each participating school
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district first obtained, by the affirmative vote of a majority
of the school directors thereof. The several participating
boards of school directors shall collectively be known as the
area [vocational-technical] career and technical board.
(b) The area [vocational-technical] career and technical
board shall have authority and its duty shall be:
(1) To provide, as the participating districts may agree,
for the assumption by the area [vocational-technical] career and
technical board of obligations including, but not limited to,
operating expenses, architect's fees, engineering costs,
professional salaries, expenses of acquiring and maintaining
sites for schools and institutes, incurred by any county board
of school directors or county boards of school directors on
behalf of such participating districts pursuant to prior
agreements;
(2) To formulate and adopt policies relating to the
organization, establishment and operation of the school or
institute;
(3) To provide for the administration and operation of the
school or institute;
(4) To adopt the budgets for operation of the school or
institute as prepared in the same manner provided for in section
687 of this act;
(5) To designate a superintendent of the school or
institute[, provided, that [when a county board or boards is
selected as the operating agent as hereinafter provided, a
county superintendent of schools shall be designated as the
superintendent of the school or institute, and that] when the
several boards or a committee thereof operate the school or
institute as hereinafter provided, a chief school administrator
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of a participating school district [or a county superintendent]
shall be designated as superintendent of the school or
institute];
(6) To exercise all the powers, perform the duties, and be
subject to all liabilities with reference to the operation of
schools and/or institutes as are now or hereafter shall be
conferred or imposed by law;
(7) To make from time to time surveys to determine the
current [vocational] career and technical needs of the
participating school districts;
(8) To make and establish, and from time to time alter and
amend, rules and regulations for the transaction of its business
and for the administration of the work under its charge;
(9) To employ temporary professional and professional
employes, supervisors and teachers, and to employ all other
persons necessary to carry on [vocational-technical] career and
technical education and technical institutes, and to determine
the salaries to be paid. All temporary professional and
professional employes so employed shall have the same rights of
tenure, minimum salaries and increments, leaves of absence
because of illness or physical disability, leaves of absence
because of death in the immediate family or death of a near
relative, sabbatical leaves, military leaves, exchange teacher
leaves, and membership in the Public School Employes' Retirement
System as temporary professional and professional employes of
school districts. No professional employe who has attained
tenure status as an employe of any area [vocational-technical]
career and technical board shall, thereafter, be required to
serve as a temporary professional employe before being tendered
such a contract when employed by any other part of the public
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school system of the Commonwealth;
(10) To purchase, lease, rent, improve and sell land, and to
build, repair, improve, lease, rent, buy and sell buildings;
(11) To acquire real property by purchase, gift or
condemnation, for the purposes of area [vocational-technical]
career and technical schools and technical institutes. Such
condemnation proceedings shall be instituted and conducted by
the board in the name of the participating school districts in
the same manner and with like authority as provided by law in
the case of school districts. The title to any real estate,
acquired for the purpose of establishing any such area
[vocational-technical] career and technical school or institute
shall be held in the name of one or more of the school districts
establishing the same, as they may agree;
(12) To purchase, lease, rent or otherwise acquire all
necessary furniture, implements, books, materials, equipment and
supplies;
(13) When authorized by the participating school districts
in the attendance area, to provide for free mandated
transportation of district pupils to and from the area
[vocational-technical] career and technical school in which they
have been accepted, and to apply and receive on behalf of the
school districts in the attendance area reimbursements on
account of such transportation provided;
(14) To make contracts with counties, cities, boroughs,
towns, townships, school districts, other political
subdivisions, community colleges, public and private agencies,
quasi-public agencies, nonprofit corporations, the Federal
Government and its agencies and instrumentalities,
municipalities and other public authorities, or other persons
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for carrying out the purposes of this subdivision of this
article;
(15) To make an annual report, in writing, to the Department
of [Public Instruction] Education, and such other reports as the
department may require;
(16) To adopt criteria for admitting students to area
[vocational-technical] career and technical schools and
technical institutes;
(17) To receive Federal, State, school district and other
public and private funds and to expend such funds to establish,
operate, improve and expand area [vocational-technical] career
and technical schools and technical institutes;
(18) When authorized by the participating school districts,
and on behalf of such districts, to enter into agreement with
the State Public School Building Authority, municipal
authorities, political subdivisions, municipal corporations,
public and private agencies, quasi-public agencies, authorities,
nonprofit corporations and the Federal Government and its agents
and instrumentalities to buy land, build, alter, lease, equip
and operate facilities for public [vocational-technical] career
and technical education and technical institutes;
(19) To prepare and submit to the Department of [Public
Instruction] Education on or before July 1 of each year, for
approval, a budget of proposed expenditures for area
[vocational-technical] career and technical schools and
technical institutes for the ensuing year;
(20) To accept pupils in area [vocational-technical] career
and technical schools and technical institutes from districts
not participating in their establishment and maintenance and to
establish tuition charges therefor;
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(21) To assign pupils residing within school districts
participating in an area [vocational-technical] career and
technical school and/or technical institutes to [vocational]
career and technical schools or departments maintained by other
area [vocational-technical] career and technical boards and
school districts with the approval of the area [vocational-
technical] career and technical boards and the district boards
maintaining such schools or departments, and to pay tuition for
pupils permitted to attend such area [vocational-technical]
career and technical schools, technical institutes and
[vocational] career and technical schools or departments;
(22) To locate area [vocational-technical] career and
technical schools and technical institutes;
(23) To collect tuition and fees;
(24) To do all things necessary to carry into effect the
purposes of this act;
(25) Whenever such schools and technical institutes are
authorized, to prepare an estimate of the total cost of and
expenditures to be made on account of each area [vocational-
technical] career and technical school and technical institute
for the following year, such estimate shall be filed with the
Department of [Public Instruction] Education no later than July
1 of each year for the approval of the department;
(26) When authorized by the participating school districts,
to establish capital reserve funds under the provisions of
section 1850.4 for the purposes of purchasing equipment and
maintaining facilities;
(c) All actions of an area [vocational-technical] career and
technical board shall be by a majority vote of the members of
the board either in convention or by mail ballot, whichever
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procedure the board shall select: Provided, That the approval of
each operating budget shall require an affirmative vote of two-
thirds of the participating school districts and a majority vote
of all the school directors of all participating districts; and
provided further, for purposes of this requirement only, the
vote of any participating school district shall be determined by
a majority vote of all school directors comprising such
participating boards. All votes shall be duly recorded and shall
show how each member voted;
(d) An area [vocational-technical] career and technical
board shall have power to delegate the operation, administration
and management of the school or institute [(1) to one or more
county boards of school directors acting as agent for the area
vocational-technical board; or (2)] to a joint committee elected
from among the several participating boards of school directors.
Section 1850.2. Operation by Intermediate Unit Board of
Directors Acting as an Operating Agent.--When an intermediate
unit board of directors is designated as agent to operate,
administer and manage a school and/or institute, such agent
shall discharge its duties and responsibilities in accordance
with the provisions of a written agreement entered into by the
area [vocational-technical] career and technical board and the
intermediate unit board of directors. The agreement shall give
the agent the power and authority to operate, administer and
manage a school and/or institute given by law to an area
[vocational-technical] career and technical board and shall
provide that the agent shall conduct the affairs of the school
and/or institute within the limits of the budget adopted by the
area [vocational-technical] career and technical board. In no
event shall the powers granted an area [vocational-technical]
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career and technical board by clauses (1), (4), (11), (17),
(19), (22) and (25) of section 1850.1 (b) be delegated hereunder
nor shall the powers granted an area [vocational-technical]
career and technical board by clauses (9), (10), (12) and (14)
of section 1850.1 (b) be delegated hereunder, except to the
extent that the subject items are fully provided for within the
current budget.
These same provisions shall apply when a joint committee is
designated to operate and manage a school and/or institute.
Section 1850.3. Operation by a Joint Committee.--(a) When a
joint committee is selected to operate a school and/or
institute, it shall be known as the area [vocational-technical]
career and technical school committee.
(b) The membership on such joint committee shall be
determined by agreement among the boards of participating school
districts, provided always that each participating school
district shall have at least one member thereon.
(c) Each participating board of school directors shall elect
one or more of its members, as the case may be, to serve on the
area [vocational-technical] career and technical committee. The
committee members, so elected, shall serve for a three-year
term, commencing the day of their election in the month of
December: Provided, however, That in the first election, the
terms of office of one-third of the members shall expire at the
end of the first year, the terms of office of one-third of the
members shall expire at the end of two years, and the terms of
office of the remaining one-third shall expire at the end of the
third year. The length of the terms of office of the initial
members shall be determined by the casting of lots.
(d) Each year, during the month of December, the joint
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committee shall choose from its members a chairman and vice-
chairman, each to serve for one year; and shall, annually,
during the month of May, elect a treasurer to serve for one
year, beginning the first Monday in July following such
election; and shall, during the month of May, once every four
years, elect a secretary, who may or may not be a member of the
area [vocational-technical] career and technical board, to serve
for a term of four years, beginning the first Monday of July
following such election. The joint committee shall elect interim
officers to serve until the first regular December and May
election meetings.
Section 1850.4. Capital Reserve Fund for Approved Purchases
of Equipment and Facility Maintenance.--(a) Any area
[vocational-technical] career and technical board shall have the
power to create a special fund which may be designated as a
capital reserve fund and to accumulate therein moneys to be
expended, in accordance with the provisions of this section,
during a period not to exceed five years from the date when the
first payment was made into the fund, for the purpose of
purchasing equipment or maintaining facilities.
(b) The capital reserve fund herein provided for shall
consist of funds transferred during any fiscal year from
appropriations made for this particular purpose and of
unencumbered funds remaining from the current and/or prior
years' general fund.
(c) The moneys in the capital reserve fund shall be kept
separate and apart from any other fund by the treasurer of the
area [vocational-technical] career and technical board, and the
moneys in the fund may be invested by the operating agent in
securities legal for the investment of sinking fund moneys of
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the school district. The interest earnings on investments shall
be paid into the capital reserve fund. The area [vocational-
technical] career and technical school shall annually show in
its financial report the amount of moneys in the capital reserve
fund which shall at all times be properly identified as to
purpose.
(d) The moneys in any such capital reserve fund may be
expended only upon approval of a majority of the members of the
operating agent only during the period of time for which the
fund was created and only for equipment purchases or facilities
maintenance projects and for no other purpose.
Section 1851. Establishment and Operation by the Department
of [Public Instruction] Education.--Where, in the judgment of
the [State Superintendent of Public Instruction] Secretary of
Education, the provisions of this act relating to the proper
[vocational] career and technical education and training of
children and adults have not been complied with or the
[vocational] career and technical education needs of children
and adults are not being adequately served, the Department of
[Public Instruction] Education is hereby authorized to provide,
including the payment of rental when necessary, establish,
maintain, administer, supervise and operate [vocational] career
and technical, [vocational] career and technical industrial,
[vocational] career and technical agricultural, [vocational]
career and technical homemaking, [vocational] career and
technical distributive, occupational, post high school
[vocational] career and technical education or less than college
level, schools, departments or classes for the proper
[vocational] career and technical education and training of
children and adults. Eligibility for enrollment in such classes
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shall be determined according to standards and regulations
promulgated by the State Board [for Vocational] of Career and
Technical Education.
Section 1852. Payment of Shares.--Any school district of the
first, first A, second, third or fourth class establishing or
participating in the establishment of an area [vocational-
technical] career and technical school or a technical institute,
individually, or jointly, with two or more districts, shall have
the same power and authority to levy taxes to pay or to pay its
share of buildings, grounds, equipment, operating expenses and
other necessary expenses to establish, maintain and operate such
school or institute as it has to levy taxes, to purchase land,
construct and equip buildings, and operate elementary schools
and any additional schools and departments as defined in section
502 of this act.
Section 1853. Contracts to Lease.--An area [vocational-
technical] career and technical board authorized to establish
and operate an area [vocational-technical] career and technical
school or technical institute may enter into contracts with the
State Public School Building Authority, [the General State
Authority,] municipal authorities, nonprofit corporations,
municipal corporations, political subdivisions, public and
quasi-public and private agencies, Federal Government and its
agencies and instrumentalities to lease lands and buildings for
the purpose of operating an area [vocational-technical] career
and technical school or technical institute.
Section 1855. Career and Technical Education Equipment
Grants.--(a) For the 2000-2001 fiscal year and the 2001-2002
fiscal year, the Department of Education shall establish a grant
program to assist area [vocational-technical] career and
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technical schools, school districts offering approved
[vocational-technical] career and technical programs and the
Thaddeus Stevens State College of Technology in purchasing
equipment that meets industry standards for the purpose of
providing training to students. Grants shall be limited to the
purchase of equipment in the following program areas: automotive
technology, auto body, diesel technology, precision machine
technology, heating ventilation and air conditioning, printing,
dental assisting, electronics, building trades and other program
areas approved by the Secretary of Education. Grants shall be
awarded by the Department of Education on a matching basis, two
State dollars ($2) for every local dollar ($1), and shall be
limited to funds appropriated for that purpose.
(b) For the 2016-2017 school year and for each school year
thereafter, the Department of Education shall establish a grant
program to assist each area [vocational-technical] career and
technical school and school district with an approved
[vocational] career and technical program that applies for and
is approved for funding by the Department of Education to
purchase equipment that meets industry standards. Grants shall
be distributed in an amount to be calculated as follows:
(1) A base amount of three thousand dollars ($3,000).
(2) A per-student amount calculated as follows:
(i) Multiply the average daily membership in approved
[vocational] career and technical education programs for the
most recent year available for each area [vocational-technical]
career and technical school or school district that has been
approved for funding by the Department of Education by the
difference between the amount appropriated for career and
technical education equipment grants and the sum of the funding
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distributed under paragraph (1) to all area [vocational-
technical] career and technical schools and school districts.
(ii) Divide the product from subparagraph (i) by the sum of
the average daily membership in approved [vocational] career and
technical education programs for the most recent year available
for all area [vocational-technical] career and technical schools
and school districts that have been approved for funding by the
Department of Education.
(c) The application to apply for funding under subsection
(b) shall be developed by the Department of Education within
thirty days of the effective date of this section and only
require the following, which may be collected electronically:
(1) Name, address, e-mail address and telephone number of
the area [vocational-technical] career and technical school or
school district.
(2) Name, e-mail address and telephone number of an employe
of the area [vocational-technical] career and technical school
or school district who will be available to answer questions
regarding the funding application.
(3) Description of the equipment for which the requested
funding will be used, the career and technical education program
in which the equipment will be used, the date on which the
occupational advisory committee recommended the purchase of the
equipment and verification that the equipment will be used for
technical classroom instruction.
(d) The Department of Education may not request or consider
any information other than the information provided in the
funding application.
(e) Each area [vocational-technical] career and technical
school or school district with an approved [vocational] career
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and technical program that submits a completed funding
application shall receive funding in the amount determined under
subsection (b).
(f) If insufficient funds are appropriated to make payments
under subsection (b), payments shall be made on a pro rata
basis.
(g) For purposes of this section, "occupational advisory
committee" shall mean an occupational advisory committee
established under 22 Pa. Code Ch. 339 (relating to vocational
education).
Section 1922. [Vocational] Career and technical Education
for Out-of-School Youth and Adults.--The board of school
directors of any school district, when requested in writing by
twenty (20) or more out-of-school youth or adults having an
administratively feasible educational objective which has been
provided for in the State Plan for [Vocational] Career and
Technical Education for which facilities are available, shall
inaugurate and maintain such programs so long as enrollment
conditions warrant.
Section 1925. Pupils Less than Six or More than Twenty-
one.--Any board of school directors may admit persons less than
six years of age, or more than twenty-one years of age, to
suitable special or [vocational] career and technical schools or
departments.
Section 1901-A. Definitions.--The following words and
phrases, as used in this article, shall, unless a different
meaning is plainly required by the context, have the following
meaning:
* * *
(4) "Community college" shall mean a public college or
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technical institute which is established and operated in
accordance with the provisions of this act by a local sponsor
which provides a two-year, postsecondary, college-parallel,
terminal-general, terminal-technical, out-of-school youth or
adult education program or any combination of these. The
community college may also provide area [vocational-technical]
career and technical education services and credit, nonremedial
college courses to secondary senior high school students.
(5) "Community college plan" shall mean a plan prepared in
accordance with the policies, standards, rules and regulations
of the State Board of Education for the establishment or
operation of a community college and shall include a survey of
any industrial development and manpower needs of the area and of
any [vocational] career and technical and occupational shortage
and the means by which the community college program and
curriculum shall further industrial development, reduce
unemployment and improve employable skills of residents of the
area to be served by the community college.
* * *
Section 1905-A. Powers and Duties of Board of Trustees.--(a)
The affairs of any community college established under this act
shall be administered and supervised by a board of trustees.
Subject to any law and to any policies, standards, rules and
regulations adopted by the State Board of Education provided for
community colleges, the board shall, for the purpose of
establishing, operating and maintaining a community college,
have the power, and its duty shall be:
* * *
(7) To enter into contracts for services to high schools of
member districts to provide area [vocational-technical] career
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and technical education services.
* * *
Section 1913-A. Financial Program; Reimbursement of
Payments.--* * *
(b) * * *
(1.2) The Secretary of Education, in consultation with the
community colleges, shall promulgate standards for credit
courses and for noncredit courses that will be eligible for
Commonwealth reimbursement. The standards shall specifically
exclude from eligibility for reimbursement any course or program
in [avocational] noncareer, nontechnical or recreational
pursuits. The standards shall be promulgated by the beginning of
the 1994-1995 fiscal year. Until such standards are promulgated,
no community college will be reimbursed for any credit course
which was offered by such college as a noncredit course during
the college's 1992-1993 fiscal year.
* * *
Section 1908-B. Individuals Eligible for Admission.--* * *
(b) The course of instruction shall be the equivalent level
of a two-year postsecondary institution which shall include
[vocational-technical] career and technical education of no more
than two years leading to the awarding of certificates or
associate degrees, when approved by the Secretary of Education
in accordance with rules and regulations established by the
State Board for this level of education, for the purpose of
fitting pupils to pursue effectively a recognized profitable
employment.
Section 1901-C. Definitions.--For purposes of this article,
the following terms shall have the following meanings:
(1) "Alternative education program" or "program." Any
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applicant's program applying for funds under this article, which
program is implemented by a school district, an area
[vocational-technical] career and technical school, a group of
school districts or an intermediate unit, which removes
disruptive students from regular school programs in order to
provide those students with a sound educational course of study
and counseling designed to modify disruptive behavior and return
the students to a regular school curriculum. Notwithstanding
section 1502, alternative education programs may operate outside
the normal school day of the applicant district, including
Saturdays. School districts and private alternative education
institutions operating pursuant to the provisions of Article
XIX-E shall adopt a policy for periodic review of those students
placed in their respective alternative education program for
disruptive students. This review shall occur, at a minimum, at
the end of every semester the student is in the program or more
frequently at the district's or private alternative education
institution's discretion. The purpose of this review is to
determine whether or not the student is ready to return to the
regular school curriculum. Programs may include services for
students returning from placements or who are on probation
resulting from being adjudicated delinquent in a proceeding
under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who
have been judged to have committed a crime under an adult
criminal proceeding.
* * *
(6) "School." Any school classified by the Department of
Education as a middle school, junior high school, senior high
school or area [vocational-technical] career and technical
school.
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* * *
Section 1901-D. Definitions.--For purposes of this article:
* * *
(5) "Postsecondary education resources." The term includes,
but is not limited to, area [vocational-technical] career and
technical schools, degree-granting institutions of higher
education accredited by an accrediting agency recognized by the
Federal Government, institutions licensed under the act of
December 15, 1986 (P.L.1585, No.174), known as the "Private
Licensed Schools Act," professional, [vocational] career and
technical or occupational certification or licensure programs
and educational technology.
* * *
Section 1903-D. Powers and Duties of Community Education
Council.--* * *
(b) Postsecondary educational opportunities may include, but
are not limited to, any of the following:
(1) Programs, courses or classes leading to professional,
[vocational] career and technical or occupational certification
or licensure, an associate degree, a bachelor's degree or a
master's degree.
* * *
Section 36. The definition of "school entity" in section
1901-E of the act is amended to read:
Section 1901-E. Definitions.--For purposes of this article,
the following terms shall have the following meanings:
* * *
"School entity." A school district, joint school, charter
school, area [vocational-technical] career and technical school,
combination of school districts or intermediate unit.
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Section 37. The definition of "eligible applicant" in
section 1901-F of the act is amended to read:
Section 1901-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible applicant." Any of the following:
(1) An institution of higher education.
(2) An institution of higher education in partnership
with one or more of the following:
(i) Another institution of higher education.
(ii) An area [vocational-technical] career and
technical school or [ATVS] area vocational-technical
school, as defined under 22 Pa. Code § 4.3 (relating to
definitions).
(iii) A community education council as defined under
section 1901-D.
(iv) A private licensed school as the term is
defined under section 2 of the act of December 15, 1986
(P.L.1585, No.174), known as the Private Licensed Schools
Act, that is authorized to confer the degree of Associate
in Specialized Technology or Associate in Specialized
Business and is accredited by the Accrediting Commission
of Career Schools and Colleges of Technology or the
Accrediting Council for Independent Colleges and Schools.
* * *
Section 38. Sections 1906-G(a)(2) and 1907-G(a)(9) of the
act are amended to read:
Section 1906-G. Establishment.
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(a) General rule.--No later than December 31, 2016, the
board of trustees appointed under section 1905-G shall submit to
the secretary a proposed rural regional college plan in such
form and containing such information as the secretary may
require. In addition to other information which may be required
by the secretary, the plan shall include the following:
* * *
(2) A survey of the educational, [vocational] career and
technical and occupational needs of the area and the means by
which the proposed rural regional college will meet those
needs, reengage high school dropouts to earn their secondary
credentials and postsecondary credentials or industry
certification, reduce unemployment and improve the employable
skills of residents of the area to be served by the rural
regional college.
* * *
Section 1907-G. Powers and duties of board of trustees.
(a) General rule.--The board of trustees appointed under
section 1905-G shall administer and supervise the affairs of the
rural regional college established under this article. Subject
to any other law and to any regulations promulgated by the State
Board pertaining to rural regional colleges, the board of
trustees shall have the following powers and duties:
* * *
(9) To enter into contracts for services to high schools
located in the area designated by the secretary under section
1904-G to provide services, including area [vocational-
technical] career and technical education services.
* * *
Section 39. The definition of "low-achieving school" in
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section 2002-B of the act is amended to read:
Section 2002-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Low-achieving school." A public school that ranked in the
lowest 15% of the school's designation as an elementary school
or a secondary school based on combined mathematics and reading
scores from the annual assessment administered in the previous
school year and for which the Department of Education has posted
results on the Department of Education's publicly accessible
Internet website. The term does not include a charter school,
cyber charter school or area [vocational-technical] career and
technical school.
* * *
Section 40. The definition of "school entity" in section
2001-H of the act, added June 22, 2018 (P.L.241, No.39), is
amended to read:
Section 2001-H. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"School entity." A school district, intermediate unit, area
[vocational-technical] career and technical school, charter
school, cyber charter school or regional charter school.
Section 41. Sections 2110(b), 2401(8), 2501(1), (9), (10),
(11), (11.1) and (14.1), 2502(a) and (c), 2502.6(b), 2502.8,
2506.1, 2507, 2508, 2508.1, 2508.3, 2508.4, 2508.5, 2509.5(n)(1)
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(i), (r)(1)(i), (w)(1)(i) and (dd)(1)(i) and (iii)(A), 2513.1,
2515, 2518 second paragraph, 2552.1(a), (a.1) and (b), 2561
introductory paragraph and (4), 2562, 2563, 2574(e), 2574.2,
2574.3(a), 2575(b), 2577(b) and (c), 2578(b), 2593 heading and
(b), 2594, 2595(b), (c)(1)(iv) and (h), 2597.3, 2597.4(2)(iv),
2597.5(c)(4), 2599(b) and (d)(6), 2599.1(c), 2599.2(f), 2602-
B(e) and (f) and 2604-B(b)(2)(i) and (3) of the act are amended
to read:
Section 2110. Eligible Lists of Persons Qualified to Teach;
Appointments.--* * *
(b) Except as superintendent of schools, associate
superintendent, assistant district superintendent, director of a
special branch, or as a principal of a high school, junior high
school, state teachers' college, or [vocational] career and
technical school, no person shall be appointed, promoted, or
transferred to any educational position in the public school
system, in school districts of the first class, whose name does
not appear among the three highest names upon the proper
eligible list, and in school districts of the first class A,
whose name does not appear among the top five names upon the
proper eligible list, or within the top ten per centum (10%) of
the names upon the list, whichever is greater. No person holding
a position at the time of the passage of this act shall be
displaced by the above provisions.
Section 2401. By Whom Audited.--The finances of every school
district and of every joint school board, in every department
thereof, together with the accounts of all school treasurers,
school depositories, teachers' retirement funds, teachers'
institute funds, directors' association funds, sinking funds,
and other funds belonging to or controlled by the district,
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shall be properly audited as follows:
* * *
[(8) In county vocational school districts, by the county
auditors or county controller.]
* * *
Section 2501. Definitions.--For the purposes of this article
the following terms shall have the following meanings:
(1) "District Pupils" of a school district shall designate
all pupils enrolled in the public schools of the Commonwealth,
and of adjacent states, who are residents of a given school
district.[, except those pupils who are enrolled in the public
schools maintained by the vocational school district, the
territorial limits of which include the school district.
"District Pupils" of a vocational school district shall
designate all pupils enrolled in the public schools, maintained
by the vocational school district who are residents of the
district.]
* * *
(9) "Real Property Valuation." A school district's[,
vocational school district's] or municipality's real property
valuation, to be used for purposes of computing the basic
account standard reimbursement fraction, the subsidiary account
reimbursement fraction, the aid ratio, the market value/income
aid ratio and the equalized millage, shall be the valuation
placed upon its taxable real property by the State Tax
Equalization Board.
* * *
(10) "Number of District Teaching Units for Purposes of
Determination of Basic Account Standard Reimbursement Fraction,
and Subsidiary Account Reimbursement Fraction." A school
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district's [or vocational school district's] number of district
teaching units for purposes of determination of the basic
account standard reimbursement fraction and the subsidiary
account reimbursement fraction shall be obtained as follows: (i)
divide by twenty-two (22) the number of district pupils in
average daily membership in a public high school and in high
school grades of a laboratory school of a State-owned college
during the preceding school term, (ii) divide by thirty (30) the
number of district pupils in average daily membership in a
public elementary school and laboratory school of a State-owned
college during the preceding school term, and (iii) add the
quotients obtained under (i) and (ii) above, except when the
pupil-teacher ratio exceeds thirty-three (33), in which case,
the sum obtained under (i) and (ii) above shall be multiplied by
thirty-three (33) and the product so obtained shall be divided
by the pupil-teacher ratio of the district. No school district
[or vocational school district] shall be credited with less than
one teaching unit. No school district [or vocational school
district] shall be assigned a basic account standard
reimbursement fraction lower in value than the minimum
instruction subsidy divided by the maximum instruction subsidy.
All one-room schools operated in accordance with the provisions
of this act shall, if their operation is approved, be credited
with at least one teaching unit. The State Board of Education
shall withhold its approval of any one-room one-teacher school,
unless (i) topography, distance or condition of roads are such
as to make transportation of pupils impractical, or (ii) it is
impossible to accommodate pupils in existing graded schools in
the district or other districts, or (iii) the district is
financially unable to construct a consolidated school.
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* * *
(11) "Actual Instruction Expense Per Elementary Teaching
Unit, Actual Instruction Expense Per Elementary Teaching Unit in
a Laboratory School of a State-owned College, Actual Instruction
Expense Per Secondary Teaching Unit, Actual Instruction Expense
Per Secondary Teaching Unit in a Laboratory School of a State-
owned College, Actual Instruction Expense Per Joint Elementary
Teaching Unit, Actual Instruction Expense Per Joint Secondary
Teaching Unit, Actual Instruction Expense Per Area Technical
School Teaching Unit." In 1958 in the month of September and
thereafter annually in the month of September, the Department of
[Public Instruction] Education shall calculate for each school
district for the immediately preceding school year the actual
instruction expense per elementary teaching unit for elementary
pupils educated in the district's public schools, the actual
instruction expense per secondary teaching unit for secondary
pupils educated in the district's public schools, the actual
instruction expense per joint elementary teaching unit for
elementary pupils educated in elementary schools of jointures of
which the district is a member, the actual instruction expense
per joint secondary teaching unit for secondary pupils educated
in secondary schools of jointures of which the district is a
member, the actual instruction expense per area technical school
teaching unit for pupils educated in area technical schools in
which the district participates, the actual instruction expense
per elementary teaching unit for elementary pupils residing in
the district and educated in the public schools of other
districts within the Commonwealth, and the actual instruction
expense per secondary teaching unit for secondary pupils
residing in the district and educated in the public schools of
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other districts within the Commonwealth. In each case, actual
instruction expense per teaching unit shall be the sum of (i)
and (ii) below but in no case shall include expenses for debt
service, capital outlay, rentals of capital facilities and
equipment, salaries and expenses for school nurses, for medical
and dental services, for driver education courses, for
reimbursable transportation of pupils, for tuition paid to other
school districts, for reimbursable board and lodging in lieu of
transportation, for salaries of directors and supervisors of
special education, public school psychologists, principals of
special schools and assistants, teachers of approved special
classes for physically and mentally handicapped children, clerks
and assistants employed in programs for special education, for
school district contributions to the retirement fund on behalf
of directors and supervisors of special education, public school
psychologists, principals of special schools and assistants,
teachers of approved special classes for physically and mentally
handicapped children, clerks and assistants employed in programs
for special education, for the cost of textbooks and supplies of
the second class used in special education classes or schools,
for extension schools and classes, for extension recreation
activities, for [vocational] career and technical extension
education, or for instruction of homebound children. (i)
Expenses of general control per teaching unit. Expenses of
general control shall include: salaries, supplies and other
expenses of the secretary's office; commission or salary of
treasurer, tax collector, auditors and legal service; expenses
of census enumeration and other expenses of business
administration; salaries of the superintendent of schools and
clerks of the superintendent of schools; expenses of supplies
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and other expenses of the superintendent of schools' office; and
other expenses of general control. In the case of computation of
actual instruction expense per elementary teaching unit for
district pupils educated in the schools of the district and for
district pupils educated in the public schools of other
districts within the Commonwealth and actual instruction expense
per secondary teaching unit for district pupils educated in the
schools of the district and for district pupils educated in the
public schools of other districts within the Commonwealth,
expenses of general control per teaching unit shall be
calculated by dividing the foregoing listed expenses of general
control of the school district by the number of teaching units
based on the number of all pupils who are residents of the
school district and are in average daily membership in the
public schools of the Commonwealth. In the case of computation
of actual instruction expense per joint elementary teaching unit
and actual instruction expense per joint secondary teaching
unit, expenses of general control per teaching unit shall be
calculated by dividing the foregoing listed expenses of general
control of the school district by the number of teaching units
based on the number of all pupils who are residents of the
school district and are in average daily membership in the
public schools of the Commonwealth, and adding thereto the
quotient obtained by dividing the foregoing listed expenses of
general control of the joint school district by the number of
joint teaching units based on the number of pupils who are
residents of school districts that are members of the joint
school district and are in average daily membership in the
schools of the joint school district. In the case of computation
of actual instruction expense per area technical school teaching
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unit, expenses of general control per teaching unit shall be
computed by dividing the foregoing listed expenses of general
control of the school district by the number of teaching units
based on the total number of all pupils who are residents of the
school district and are in average daily membership in the
public schools of the Commonwealth, and adding thereto the
quotient obtained by dividing the foregoing listed expenses of
general control of the area technical school by the number of
area technical school teaching units based on the number of
pupils who are residents of districts participating in the area
technical school and are in average daily membership in the area
technical school. (ii) Expenses of the school district, joint
school district, area technical school, or such other school
district within the Commonwealth in which the districts' pupils
are educated, as the case may be, on account of instruction,
auxiliary agencies and coordinate activities, operation of
school plant, maintenance of school plant, and fixed charges,
and each separately for elementary and for secondary schools,
per teaching unit, calculated by dividing the sums of (a), (b),
(c), (d), and (e) below by the numbers of elementary, secondary,
joint elementary, joint secondary, and area technical school
teaching units, respectively, based on the number of all pupils
on an equivalent full-time basis in average daily membership in
the public schools of the district, or joint district, or the
area technical school, or other school district within the
Commonwealth in which pupils of the district are educated, as
the case may be; (a) expenses of instruction, to include
salaries of supervisors and other expenses of supervisors,
salaries of principals and principals' clerks, supplies of the
principals' offices, other expenses of supervision, teachers'
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and teacher-librarians, salaries, textbooks, library books,
supplies used in instruction including library supplies,
expenses of attending teachers' institutes, commencement
exercise and exhibit expenses, and other expenses of
instruction, (b) expenses of auxiliary agencies and coordinate
activities, to include salaries, books, repairs, replacements,
and other expenses of public libraries, and non-reimbursable
transportation and board and lodging in lieu of transportation,
and provisions for tubercular and undernourished children,
community lectures, social centers and recreation, enforcement
of attendance, and other expenses of auxiliary agencies and
coordinate activities, (c) expenses of operation of school
plant, to include wages of janitors and other employes, fuel,
water, light, power, janitors' supplies, care of grounds,
services other than personal, telephone rental, and other
expenses of operation, (d) expenses of maintenance of school
plant, to include upkeep of grounds, repair of buildings,
repairs and replacements, heating, plumbing, lighting, apparatus
used in instruction, furniture, and other equipment, (e)
expenses of fixed charges, to include payments made to the
retirement board, rent, all insurance, and other fixed charges:
Provided, That the actual instruction expense for elementary
teaching unit for district pupils educated in the elementary
grades of a laboratory school of a State-owned college and the
actual instruction expenses for secondary teaching unit for
district pupils educated in the high school grades of a
laboratory school of a State-owned college shall be computed by
(i) dividing the total amount of money paid to the State-owned
college by the resident district for the education of all
resident elementary children enrolled in a laboratory school of
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a State-owned college by the number of such elementary teaching
units based on the total number of such resident children in
average daily membership in the laboratory school, (ii) dividing
the total amount of money paid to the State-owned college by the
resident district for the education of all resident secondary
children enrolled in a laboratory school of a State-owned
college by the number of such secondary teaching units based on
the total number of such resident children in average daily
membership in the laboratory school. The teaching units are
computed on the basis of thirty (30) equivalent full time
elementary children and twenty-two (22) equivalent full time
secondary children.
(11.1) "Actual Instruction Expense per Weighted Average
Daily Membership." For the school year 1966-1967, and each
school year thereafter, the [Superintendent of Public
Instruction] Secretary of Education shall calculate for each
school district the actual instruction expense per weighted
average daily membership for each district pupil. The actual
instruction expense shall include all General Fund expenses of
the district except those for health services, transportation,
debt service, capital outlay, home-bound instruction, and
outgoing transfers to community colleges and technical
institutes. From this cost shall be deducted the amount received
from the State for driver's education; special class operation;
[vocational] career and technical curriculums; area [vocational]
career and technical schools; payments of tuition by district
patrons, parents, the State and Federal government; and all
moneys received from the State or Federal government under
Public Laws 89-10 (Elementary and Secondary Education Act), 88-
452 (Economic Opportunity Act), and 87-415 (Manpower Training
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and Development Act) and for projects under section 2508.3 of
this act. The actual instruction expense so determined, when
divided by the weighted average daily membership for the
district shall be the actual instruction expense per weighted
average daily membership.
* * *
(14.1) "Market Value/Income Aid Ratio." For purposes of
reimbursement to a school district under subsections (d), (e),
and (f) of section 2502, section 2502.8, section 2502.22,
section 2502.25, section 2502.26 and section 2592, or to an
intermediate unit or area [vocational-technical] career and
technical school, shall be the Commonwealth's method of
determining the combined market value and income wealth for each
pupil, and shall be computed, for the school year for which
reimbursement is being paid, as follows:
(a) (i) Divide the market value per weighted average daily
membership of the district, intermediate unit or area
[vocational-technical] career and technical school by the market
value per weighted average daily membership of the State;
(ii) Determine the product of subsection (a)(i) multiplied
by .5;
(iii) Subtract the resultant product in subsection (a)(ii)
from 1.000 to determine the market value portion of the aid
ratio.
(iv) For purposes of the calculation described in subsection
(a)(i) through (iii), the market value of a district shall be
the real property valuation of the district for the calendar
year that concluded during the school year immediately preceding
the school year for which reimbursement is being paid. The
market value of an intermediate unit or area [vocational-
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technical] career and technical school shall be the sum of the
real property valuations of each of its component districts for
the calendar year that concluded during the school year
immediately preceding the school year for which reimbursement is
being paid. The weighted average daily membership of a district
shall be the weighted average daily membership for the school
year immediately preceding the school year for which
reimbursement is being paid. The weighted average daily
membership of an intermediate unit or area [vocational-
technical] career and technical school shall be the sum of the
weighted average daily memberships of each of its component
districts for the school year immediately preceding the school
year for which reimbursement is being paid.
(b) (i) Divide the income per weighted average daily
membership of the district, the intermediate unit or area
[vocational-technical] career and technical school by the
average personal income per weighted average daily membership of
the State;
(ii) Determine the product of subsection (b)(i) multiplied
by .5;
(iii) Subtract the resultant product in subsection (b)(ii)
from 1.000 to determine the income aid ratio.
(iv) For purposes of the calculation described in subsection
(b)(i) through (iii), the income of a district shall be the
personal income valuation of the district. The income of an
intermediate unit or area [vocational-technical] career and
technical school shall be the sum of the personal income
valuations of each of its component districts. The weighted
average daily membership of the district shall be the weighted
average daily membership for the school year immediately
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preceding the school year for which reimbursement is being paid.
The weighted average daily membership of an intermediate unit or
area [vocational-technical] career and technical school shall be
the sum of the weighted average daily memberships of each of its
component districts for the school year immediately preceding
the school year for which reimbursement is being paid.
(c) Add sixty percent (60%) of the market value aid ratio to
forty percent (40%) of the income aid ratio to determine the
market value/income aid ratio.
(d) For payments beginning in the 1989-1990 school year and
each school year thereafter, the Department of Education shall
utilize an adjusted personal income valuation for the 1987 tax
year and each tax year thereafter respectively in computing the
market value/income aid ratio for such districts. The adjusted
personal income valuation shall be calculated by dividing the
total out-of-State tax credits claimed by the residents of a
school district by the State personal income tax rate and
subtracting that amount from the total personal income valuation
for the individual school district. The State total personal
income valuation shall remain that as certified by the
Department of Revenue and shall not be adjusted to reflect out-
of-State tax credits.
* * *
Section 2502. Payments on Account of Instruction.--(a)
Every school district [and every vocational school district]
shall be paid by the Commonwealth on account of the instruction
of pupils an amount to be determined by multiplying the numbers
of elementary, secondary, joint elementary, joint secondary,
State-owned college laboratory school, or area technical school
teaching units, each based on the number of all pupils, except
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kindergarten pupils, who are residents of the district and are
in average daily membership in the district's public schools,
joint elementary schools, joint high schools, laboratory schools
of State-owned colleges, or area technical schools respectively,
and in the case of kindergarten pupils based on the number of
kindergarten teachers employed: Provided, That for the school
year 1962-1963, and for each school year thereafter, the number
of equivalent full time kindergarten teachers in a laboratory
school of a State-owned college shall be prorated among all the
districts having children enrolled in the laboratory school
kindergarten on the basis of the total number of kindergarten
pupils who are legal residents of such districts and who are in
average daily membership in the laboratory school kindergarten,
and for the school year 1957-1958 and for each school year
thereafter, the numbers of elementary or secondary teaching
units, each based on the number of all pupils who are residents
of the district and who are in average daily membership in the
elementary schools or secondary schools of other school
districts within the Commonwealth, by the district's basic
account standard reimbursement fraction; and for the school year
1955-1956 by four thousand nine hundred dollars ($4900); for the
school year 1956-1957 by five thousand three hundred dollars
($5300); for the school year 1957-1958 and for each school year
thereafter by the lesser of actual instruction expense per
elementary, secondary, joint elementary, joint secondary,
laboratory school elementary, laboratory school secondary, area
technical school, elementary educated in the public schools of
other districts within the Commonwealth, secondary educated in
the public schools of other districts within the Commonwealth
teaching unit, each as the case may be, or five thousand eight
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hundred dollars ($5800); for the school year 1962-1963 by the
lesser of actual instruction expense per elementary, secondary,
joint elementary, joint secondary, laboratory school elementary,
laboratory school secondary, area technical school, elementary
educated in the public schools of other districts within the
Commonwealth, secondary educated in the public schools of other
districts within the Commonwealth teaching unit, each as the
case may be, or six thousand five hundred dollars ($6500); and
for the school year 1963-1964 and for each school year
thereafter by the lesser of actual instruction expense per
elementary, secondary, joint elementary, joint secondary,
laboratory school elementary, laboratory school secondary, area
technical school, elementary educated in the public schools of
other districts within the Commonwealth, secondary educated in
the public schools of other districts within the Commonwealth
teaching unit, each as the case may be, or six thousand eight
hundred dollars ($6800). For the school year 1953-1954 and each
school year thereafter, teaching units shall be based on the
number of all pupils, except kindergarten pupils, who are
residents of the school district in average daily membership in
the district's public schools in State-owned college laboratory
schools and in elementary schools and high schools operated by
joint boards of which the district of residence is a member, and
in area technical schools in which the district of residence
participates. In the case of kindergarten pupils, teaching units
shall be one for each kindergarten teacher employed by the
district: Provided, That for the school year 1957-1958 and for
each school year thereafter, additional teaching units shall be
based on the numbers of all pupils who are residents of the
district and are in average daily membership in the elementary
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schools of other districts in the Commonwealth or who are in
average daily membership in the secondary schools of other
districts within the Commonwealth: Further provided, That in the
case of such pupils teaching units shall be calculated on the
basis of thirty-five (35) elementary pupils and twenty-six (26)
secondary pupils per teaching unit, respectively.
* * *
(c) For no year shall any school district [or vocational
school district] receive less than the minimum subsidy per
teaching unit, nor shall any school district of the first class
A, during the school year 1953-1954 for the school year 1952-
1953, or during the school year 1954-1955 for the school year
1953-1954, or during the school year 1955-1956 for the school
year 1954-1955, receive less per teaching unit than the amount
received by any district of the first class.
* * *
Section 2502.6. Proportionate Reduction of Payments.--* * *
(b) If the sums appropriated for the 1982-1983 school year
and each school year thereafter are not sufficient to pay in
full the total amounts to which all qualified school districts,
intermediate units, area [vocational-technical] career and
technical schools and nonpublic schools are entitled to receive
under the provisions of sections 917.1-A, 919.1-A, 922.1-A, 923-
A(d) and 2502.8 for such year, the allocations to the school
districts, intermediate units, area [vocational-technical]
career and technical schools and nonpublic schools shall be
proportionately reduced to the extent necessary to bring the
aggregate of the school district, intermediate unit, area
[vocational-technical] career and technical school and nonpublic
school allocations within the limits of the amounts
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appropriated.
Section 2502.8. Payments on Account of Pupils Enrolled in
[Vocational] Career and Technical Curriculums.--(a) For the
purpose of reimbursement in accordance with this section,
[vocational] career and technical curriculums are agriculture
education, distributive education, health occupations education,
home economics education (gainful), business education,
technical education, trade and industrial education, or any
other occupational oriented program approved by the Secretary of
Education.
(b) For the 1981-1982 school year through the 1984-1985
school year, each school district so entitled shall be paid, in
addition to any other subsidy to which it is entitled, an amount
on account of resident pupils enrolled in [vocational] career
and technical curriculums; for the 1985-1986 school year through
the 1999-2000 school year, each school district and area
[vocational-technical] career and technical school shall be paid
an amount on account of students enrolled in [vocational] career
and technical curriculums; for the 2000-2001 school year and
each school year thereafter, each school district, area
[vocational-technical] career and technical school and charter
school shall be paid an amount on account of students enrolled
in [vocational] career and technical curriculums, determined as
follows:
(1) Determine the increase in the weighted average daily
membership by multiplying the number of students in average
daily membership in [vocational] career and technical
curriculums in area [vocational-technical] career and technical
schools by twenty-one hundredths (.21) and the number of
students in average daily membership in school district and
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charter school [vocational] career and technical curriculums by
seventeen hundredths (.17).
(2) Multiply the lesser of the district's actual instruction
expense per weighted average daily membership or the base earned
for reimbursement by the market value/income aid ratio or by
three hundred seventy-five thousandths (.375), whichever is
greater.
(3) Multiply the increase in weighted average daily
membership determined in clause (1) by the result of clause (2).
(4) For the 1985-1986 through 1999-2000 school years, the
Commonwealth shall pay the amount required by this section to
the school district or area [vocational-technical] career and
technical school which provides the program upon which
reimbursement is based.
(5) For the 2000-2001 school year and each school year
thereafter, the Commonwealth shall pay the amount required under
this section to the school district, area [vocational-technical]
career and technical school or charter school which provides the
programs upon which reimbursement is based.
(c) For the school year 1998-1999, any additional funding
provided by the Commonwealth over the amount provided for the
school year 1997-1998 will be distributed to area [vocational-
technical] career and technical schools and to school districts
with eight (8) or more [vocational] career and technical
programs based on subsection (b).
(d) For the school year 1999-2000, any additional funding
provided by the Commonwealth over the amount provided for the
school year 1998-1999 will be distributed to area [vocational-
technical] career and technical schools, to school districts
with eight (8) or more [vocational] career and technical
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programs and to school districts offering a [vocational] career
and technical agricultural education program, based on
subsection (b).
(e) For the school year 2000-2001 and each school year
thereafter, any additional funding provided by the Commonwealth
over the amount provided for the school year 1998-1999 will be
distributed to area [vocational-technical] career and technical
schools, to school districts and charter schools with eight (8)
or more [vocational] career and technical programs and to school
districts and charter schools offering a [vocational] career and
technical agricultural education program based on subsection
(b).
Section 2506.1. Payments on Account of Approved Adult
Program Travel.--(a) Every school district and area
[vocational-technical] career and technical school shall be paid
by the Commonwealth for every school year, on account of
approved adult [vocational] career and technical program
traveling expenses in the discharge of teaching and supervisory
responsibilities of teachers, coordinators, supervisors and
directors in [vocational] career and technical education, eighty
per centum (80%) of the sum expended by the school district or
area [vocational-technical] career and technical school for such
approved travel.
(b) For the 1991-1992 school year and each school year
thereafter, the Commonwealth shall pay the amount required by
this section to the school district or area [vocational-
technical] career and technical school which provides the
program upon which such reimbursement is based.
Section 2507. Payments on Account of Approved [Vocational]
Career and Technical Extension Classes and Pre-employment
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Training.--Every school district and every [vocational school
district and area vocational-technical] area career and
technical school, regardless of classification, shall be paid by
the Commonwealth for every school year, on account of approved
[vocational] career and technical extension classes and pre-
employment training, eighty per cent (80%) of the sum which was
expended by the district or area [vocational-technical] career
and technical school for the compensation of [vocational] career
and technical extension and pre-employment training teachers and
supervisors. For the purpose of computing reimbursement, the
maximum compensation shall be four dollars ($4.00) per hour for
the 1985-1986 through the 1989-1990 school years and eight
dollars and sixty cents ($8.60) per hour for the 1990-1991
school year and each school year thereafter and the amount
expended for supervisory salaries shall not exceed twenty per
cent (20%) of the sum expended for teachers' salaries: Provided,
That in special cases when travel time or unusual preparation of
instructional materials or other factors result in an inadequate
compensation, the Department of Education may approve additional
reimbursable employment time for such additional services upon
the submission of adequate substantiative evidence from the
responsible superintendent of schools. For the 1985-1986 school
year and each school year thereafter, the Commonwealth shall pay
the amount required by this section to the school district or
area [vocational-technical] career and technical school which
provided the approved [vocational] career and technical
extension classes and pre-employment training for which
reimbursement is made.
Section 2508. Distribution of Unencumbered Funds for
[Vocational] Career and Technical Education.--The State Board
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[for Vocational] of Career and Technical Education shall
administer the allocation of Federal and State [vocational]
career and technical education funds which are otherwise
unencumbered. Allocations shall be made for the furtherance of
the provisions of the State and Federal [vocational] career and
technical education acts with emphasis on the improvement of
facilities, reimbursement of teachers' salaries, research and
projects which will contribute to the economic welfare of youth
and adults.
Section 2508.1. Payment on Account of Equipment Purchased
for Area [Vocational-Technical] Career and Technical Schools and
Technical Institutes.--Every area [vocational-technical] career
and technical board operating approved area [vocational-
technical] career and technical schools or technical institutes
shall be paid by the Commonwealth, annually, on account of
instructional equipment approved by the Department of [Public
Instruction] Education, purchased and installed, a proportionate
share of Federal and State funds available and expendable for
that purpose. The Department of [Public Instruction] Education
may make advanced payment of available but unencumbered State
and Federal funds to expedite the purchase of equipment.
Section 2508.3. Payments for [Vocational] Career and
Technical Training of Recipients of Public Assistance and
Unemployment Compensation.--The State Board [for Vocational] of
Career and Technical Education shall establish rules and
regulations and thereunder, approve and authorize payment of the
full cost of intensive [vocational] career and technical
education classes for qualified public assistance recipients or
other unemployed, to take definite available employment which
may be contingent upon such training.
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The State Board [for Vocational] of Career and Technical
Education shall further establish rules and regulations and
thereunder approve and authorize payments from funds
specifically appropriated for that purpose up to the full cost,
including administration, of intensive [vocational] career and
technical educational classes to increase skill levels for those
persons for whom there are no public training programs available
as the unfilled and expanding needs of the Pennsylvania economy
shall require in the following categories:
(1) Part-time workers not otherwise employed;
(2) Employed persons who are working below their skill
levels and capacities.
Said rules and regulations shall further provide for the
implementation of emergency training programs, as the needs of
the Pennsylvania economy and the requirements of the above-
categorized persons shall require. The board shall authorize
said emergency programs and the funding thereof, under said
rules and regulations as the necessity therefor shall become
apparent.
Said board shall, from time to time, conduct necessary
studies and surveys to determine the need for the establishment
of said programs and facilities as the needs of the Pennsylvania
economy and such persons shall require.
Section 2508.4. Payments on Account of Improvements and
Additions in [Vocational-Technical] Career and Technical
Curriculums.--Every area [vocational] career and technical board
operating an approved program of [vocational] career or
technical education in its own or rented space shall be paid by
the Commonwealth for every school year on account of approved
replacement, updating and improvement of equipment and on
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account of approved new or additional equipment up to fifty per
cent of the cost of such improvements and additions.
Section 2508.5. Payment on Account of Equipment Purchased
for Area [Vocational-Technical] Career and Technical Schools and
School Districts.--(a) For the 2013-2014 school year, each area
[vocational-technical] career and technical school and school
district with an approved [vocational] career and technical
program that applies to and is approved by the Department of
Education under subsection (b) for funding for the purchase of
equipment that meets industry standards for the purpose of
training to students shall receive a grant in an amount equal to
the sum of the following:
(1) An equal share of one million five hundred thousand
dollars ($1,500,000), determined by dividing one million five
hundred thousand dollars ($1,500,000) by the total number of
area [vocational-technical] career and technical schools and
school districts that have been approved for funding by the
Department of Education under subsection (b).
(2) A per student amount calculated as follows:
(i) Multiply the 2012-2013 average daily membership in
approved [vocational] career and technical education programs
for each area [vocational-technical] career and technical school
or school district that has been approved for funding by the
Department of Education under subsection (b) by one million five
hundred thousand dollars ($1,500,000).
(ii) Divide the product from subclause (i) by the sum of the
2012-2013 average daily membership in approved [vocational]
career and technical education programs for all area
[vocational-technical] career and technical schools and school
districts that have been approved for funding by the Department
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of Education under subsection (b).
(b) (1) Within thirty (30) days of the effective date of
this subsection, the Department of Education shall establish
guidelines under which area [vocational-technical] career and
technical schools, and school districts with approved
[vocational] career and technical programs may apply to the
department for funding for the purchase of equipment, which
shall include a funding application and an application deadline.
(2) The funding application established by the Department of
Education pursuant to clause (1) shall require only the
following information which may be collected electronically:
(i) Name, address, e-mail address and telephone number of
the area [vocational-technical] career and technical school or
school district.
(ii) Name, e-mail address and telephone number of an employe
of the area [vocational-technical] career and technical school
or school district who will be available to answer questions
regarding the funding application.
(iii) Description of the equipment for which the requested
funding will be used.
(3) In approving funding applications under this section,
the Department of Education shall request and consider no
information other than the information provided in the funding
application established under clause (2). Each area [vocational-
technical] career and technical school or school district with
an approved [vocational] career and technical program that
submits a completed funding application under this subsection
shall receive funding in the amount determined under subsection
(a).
Section 2509.5. Special Education Payments to School
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Districts.--* * *
(n) School districts will qualify for supplemental payments
under subsection (m) if:
(1) (i) the school district's special education
expenditures for the 1994-1995 school year, as a percentage of
the sum of the school district's 1994-1995 school year
expenditures for regular education, [vocational-technical]
career and technical education and special education, are equal
to or greater than the special education expenditures of all
school districts for the 1994-1995 school year, as a percentage
of the sum of the 1994-1995 school year expenditures of all
school districts for regular education, [vocational-technical]
career and technical education and special education; and
* * *
(r) School districts will qualify for supplemental payments
under subsection (q) if:
(1) (i) the school district's special education
expenditures for the 1995-1996 school year as a percentage of
the sum of the school district's 1995-1996 school year
expenditures for regular education, [vocational-technical]
career and technical education and special education is equal to
or greater than the special education expenditures of all school
districts for the 1995-1996 school year as a percentage of the
sum of the 1995-1996 school year expenditures of all school
districts for regular education, [vocational-technical] career
and technical education and special education; and
* * *
(w) School districts shall qualify for supplemental payments
under subsection (v) if:
(1) (i) The school district's special education
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expenditures for the 1996-1997 school year as a percentage of
the sum of the school district's 1996-1997 school year
expenditures for regular education, [vocational-technical]
career and technical education and special education is equal to
or greater than the special education expenditures of all school
districts for the 1996-1997 school year as a percentage of the
sum of the 1996-1997 school year expenditures of all school
districts for regular education, [vocational-technical] career
and technical education and special education;
* * *
(dd) Supplemental payments shall be as follows:
(1) School districts shall qualify for additional
supplemental payments if all of the following apply:
(i) The school district's special education expenditures for
the 1997-1998 school year, as a percentage of the sum of the
school district's 1997-1998 school year expenditures for regular
education, [vocational-technical] career and technical education
and special education, is equal to or greater than the special
education expenditures of all school districts for the 1997-1998
school year, as a percentage of the sum of the 1997-1998 school
year expenditures of all school districts for regular education,
[vocational-technical] career and technical education and
special education.
* * *
(iii) The district does not meet all of the following
criteria:
(A) The school district's special education expenditures for
the 1997-1998 school year, as a percentage of the sum of the
school district's 1997-1998 school year expenditures for regular
education, [vocational-technical] career and technical education
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and special education, is equal to or greater than the special
education expenditures of all school districts for the 1997-1998
school year, as a percentage of the sum of the 1997-1998 school
year expenditures of all school districts for regular education,
[vocational-technical] career and technical education and
special education.
* * *
Section 2513.1. Certificates of Expenditures for
[Vocational] Career and Technical Schools.--On or before the
tenth day of July of each year, the school directors of each
district shall present to the [Superintendent of Public
Instruction] Secretary of Education a statement of the amount
expended during the school year previous to such first day of
July for instruction in approved local or joint [vocational]
career and technical industrial, [vocational] career and
technical homemaking, [vocational] career and technical
distributive occupational or [vocational] career and technical
agricultural schools or departments. On the basis of such a
statement the [Superintendent of Public Instruction] Secretary
of Education, as the executive officer of the State Board [for
Vocational] of Career and Technical Education, shall pay such
school districts and joint school districts such reimbursement
for the previous school year as is provided for in this act.
Section 2515. Ascertainment of Amounts Required;
Apportionment.--The [Superintendent of Public Instruction]
Secretary of Education shall ascertain and determine the amount
of funds required to meet each payment to school districts[,]
and intermediate units [and vocational school districts] which
become due and payable within each fiscal year, on the data and
material contained in the certificates which school districts[,]
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and intermediate units [and vocational school districts] are
required to file with the [superintendent] Secretary of
Education at such time as [he] the secretary shall determine.
The [superintendent] Secretary of Education shall apportion and
allot the same to and among the respective districts and
intermediate units. The amount paid to any district or
intermediate unit within any fiscal year shall be computed on
the data and information contained in the certificates required
to be filed each year, as herein provided. Each district's
valuation to be used for purposes of computing its standard
reimbursement fraction for the school year 1949-1950 and
thereafter or for purposes of computing the aid ratio for the
school year 1966-1967, and thereafter, shall be the valuation
placed upon its taxable real property by the State Tax
Equalization Board.
Section 2518. Forfeitures for Employing Improperly Certified
Individuals.--* * *
The foregoing forfeitures of reimbursement units on account
of employes uncertificated for the position in which employed,
and on account of substitutes, shall not apply in the case of
employes in positions after July 1, 1966: Provided, however,
That any school district or any county board of school directors
with respect to area technical schools that from July 1, 1966,
to July 1, 1992, has had in its employ any person in a teaching,
specialist, supervisory or administrative capacity who has not
been certificated for said position by the Department of
Education, or that has had in its employ a substitute in a
position where a vacancy exists for a full year or more without
the specific written approval of the Secretary of Education,
shall forfeit an amount equal to the minimum salary mandated by
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law for the position less the product of said salary and the aid
ratio of the district. Notwithstanding the above, after July 1,
1992, any school district, intermediate unit, area [vocational-
technical] career and technical school or other public school in
this Commonwealth that has in its employ any person in a
position that is subject to the certification requirements of
the Department of Education but who has not been certificated
for his position by the Department of Education or that has in
its employ a substitute in a position where a vacancy exists for
a full year or more without the specific written approval of the
Secretary of Education shall forfeit an amount equal to six
thousand dollars ($6,000) less the product of six thousand
dollars ($6,000) and the district's market value/income aid
ratio. Any exemption from forfeiture by reason of employment on
or before July 1, 1962 as provided elsewhere in this section
shall not be invalidated by this amendment.
Section 2552.1. Effect of Failure to File Reports.--(a) The
Department of Education shall order the forfeiture of three
hundred dollars ($300) per day by a school district, charter
school, cyber charter school, area [vocational-technical] career
and technical school or intermediate unit that does not submit
its annual budget to the Department of Education within thirty
(30) days of the submittal date established by the Department of
Education. The forfeiture shall continue until a report and
annual budget that meet established criteria are submitted. The
Department of Education shall deduct the amount of the
forfeiture from any and all State payments made to the school
district, charter school, cyber charter school, area
[vocational-technical] career and technical school or
intermediate unit.
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(a.1) (1) The Department of Education shall order the
following forfeitures against a school district, charter school,
cyber charter school, area [vocational-technical] career and
technical school or intermediate unit that does not submit its
annual financial report to the Department of Education within
thirty (30) days of the submittal date established under
sections 218 and 921-A:
(i) Three hundred dollars ($300) per day for the first
violation.
(ii) Five hundred dollars ($500) per day for the second or
subsequent violations.
(2) The forfeiture shall continue until a report that meets
established criteria is submitted. The Department of Education
shall deduct the amount of the forfeiture from any and all State
payments made to the school district, charter school, cyber
charter school, area [vocational-technical] career and technical
school or intermediate unit.
(b) The Department of Education shall order the forfeiture
of three hundred dollars ($300) per day by a school district,
charter school, area [vocational-technical] career and technical
school or intermediate unit that does not submit its pupil
membership/child accounting reports within thirty (30) days of
the submittal date established by the Department of Education.
The forfeiture shall continue until a report that meets
established criteria is submitted. The Department of Education
shall deduct the amount of the forfeiture from any and all State
payments made to the school district, charter school, area
[vocational-technical] career and technical school or
intermediate unit.
* * *
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Section 2561. Tuition Charges for Pupils of Other
Districts.--A school district [or vocational school district]
receiving elementary or high school pupils or [vocational]
career and technical or other extension education pupils who are
residents of another school district [or another vocational
school district] shall compute the tuition charges as follows:
* * *
(4) [Vocational] Career and Technical or Other Extension
Tuition Charge. Add the salaries of administrators, supervisors,
instructors, clerks and custodians specifically employed in the
school district's [or vocational school district's] annual
program of [Vocational] Career and Technical or other Extension
Education, the cost of textbooks, and supplies of the second
class issued for the program incurred for the school year
immediately preceding. A charge of five cents (.05) per pupil
hour of instruction for the district overhead and plant usage.
Subtract from the sum so obtained the amount of State
appropriation applicable. The remainder shall be designated as
the "district cost for [vocational] career and technical or
other extension education." Determine the total pupil hours of
instruction during the school year immediately preceding, divide
the "district cost for [vocational] career and technical or
other extension education" by the total pupil hours of
instruction. The cost so determined shall be the "[vocational]
career and technical or other extension tuition [charge] charge"
per pupil hour of instruction.
* * *
Section 2562. Payments by Districts for Pupils Attending in
Other Districts.--For each elementary or high school pupil
attending a public school of another district, the receiving
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district shall bill the sending district, and the sending
district shall pay the amount of the tuition charge per
elementary pupil, or the tuition charge per high school pupil,
as the case may be. In the case of pupils attending the
receiving district's public schools for less than a full school
term, the tuition charge per elementary or high school pupil
shall be prorated by reference to the period of time over which
such pupils actually attended the receiving district's schools.
For each [vocational] career and technical or other extension
education pupil attending an extension class of another
district, the receiving district shall bill the sending district
if the attendance is previously approved by the sending district
and the sending district shall pay the [vocational] career and
technical or other extension tuition charge per pupil hour of
instruction for each hour of attendance of each such pupil.
Nothing herein shall prohibit the payment of a tuition for
[vocational] career and technical or other extension pupils by a
non-resident adult pupil sponsoring agency or employer.
Section 2563. Certification of Pupils Admitted from Other
Districts; Monthly Payments.--The board of school directors in
any school district [or the board of directors of vocational
schools in any vocational school district] maintaining an
elementary school or a high school or an extension class which
is attended by any pupils residing in another district shall,
upon admission of such pupils, properly certify to the board of
school directors of the school district in which such pupils
reside, the names of all such pupils and whether they are
attending an elementary school or a high school or an extension
class, together with a statement of the tuition charge per
elementary pupil and the tuition charge per high school pupil
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and the [vocational] career and technical or other extension
tuition charge per pupil hour of instruction. All such tuition
charges shall be paid monthly to the school district [or the
vocational school district] maintaining such elementary school
or high school by the school district to which the same was
certified.
Section 2574. Approved Reimbursable Rental for Leases
Hereafter Approved and Approved Reimbursable Sinking Fund
Charges on Indebtedness.--* * *
(e) For area [vocational-technical] career and technical
school and technical institute projects leased subsequent to
July 1, 1964, by or for lease to a board of school directors
authorized to operate such a school, the Department of Education
shall calculate an approved reimbursable rental charge.
For area [vocational-technical] career and technical school
and technical institute projects constructed or purchased
subsequent to July 1, 1964, by a board of school directors
authorized to operate such a school, the Department of Education
may calculate an approved reimbursable sinking fund charge.
Approved reimbursable rental or sinking fund charge shall
consist of that part of the annual rental or sinking fund
attributable to:
(1) Cost of acquiring land and preparing it for use to the
extent that such costs are deemed reasonable by the Department
of Education and the interest on such cost of acquisition, cost
of preparation and the cost of sewage treatment and the interest
on such cost.
(2) Machinery, apparatus, furniture and equipment and all
other necessary expenses and interest charges, but excluding
architects' fees in excess of six percent of the construction
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cost.
The approved building construction cost and the interest on
such construction cost shall not exceed the product of the rated
full-time pupil capacity, as determined by the Department of
Education at the time the project is approved and two thousand
two hundred dollars ($2,200).
The provisions of the foregoing paragraph shall apply to all
school building projects for which the general construction
contract is awarded prior to July 1, 1966, and for approved
school building projects for which a lease was approved by the
Department of Education prior to July 1, 1966. For school
buildings for which the general construction contract is awarded
subsequent to July 1, 1966, and for approved school building
projects for which the general construction contract was awarded
but for which a lease was not approved by the Department of
Education prior to July 1, 1966, the approved building
construction cost and the interest on such construction cost
shall not exceed the product of the rated full-time pupil
capacity, as determined by the Department of Education at the
time the project is approved, and three thousand seven hundred
dollars [($3700)] ($3,700).
For school buildings for which the general construction
contract is awarded subsequent to July 1, 1984, and for approved
school building projects for which the general construction
contract was awarded but for which a lease or general obligation
bond resolution was not approved by the Department of Education
prior to July 1, 1984, the approved building construction cost
and the interest on such construction cost shall not exceed the
product of the rated full-time pupil capacity, as determined by
the Department of Education at the time the project is approved,
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and six thousand three hundred dollars ($6,300).
For school buildings for which the general construction
contract is awarded subsequent to January 1, 2005, and for
approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to January 1, 2005, the approved
building construction cost shall not exceed the product of the
rated full-time pupil capacity, as determined by the Department
of Education at the time the project is approved, and seven
thousand six hundred dollars ($7,600).
The Department of Education shall not approve the expenditure
of any funds borrowed or obtained by the sale of bonds by any
authority, nonprofit corporation, profit corporation, company or
individual for construction of area [vocational-technical]
career and technical schools or technical institutes for
bleachers, athletic field, lighting equipment or apparatus used
to promote and conduct interscholastic athletics.
* * *
Section 2574.2. Approved Reimbursable Annual Rental for
Leases of Buildings and Facilities for School Use.--For extended
leases of buildings and facilities for school use authorized
under the provisions of section 703.1 which have been approved
by the Secretary of Education, the Department of Education shall
calculate an approved reimbursable annual rental charge.
Approved reimbursable annual rental for such approved leases
of building facilities constructed for school use shall be the
lesser of (i) the product of the annual rental payable under the
provisions of the approved lease agreement times the ratio of
the pupil scheduled area to the architectural area, or (ii) the
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product of the rated pupil capacity as determined by the
Department of Education at the time of initial lease times one
hundred sixty dollars ($160) for elementary schools, two hundred
twenty dollars ($220) for secondary schools, or two hundred
seventy dollars ($270) for area [vocational-technical] career
and technical schools.
Annual approved rental payable for approved leases of
existing facilities altered for school use shall be the lesser
of (i) the product of the annual rental payable under the
provisions of the approved lease agreement times the ratio of
the pupil scheduled area to the architectural area, or (ii) the
product of the rated pupil capacity, as determined by the
Department of Education at the time of initial lease, times one
hundred twelve dollars ($112) for elementary, one hundred fifty-
four dollars ($154) for secondary, or one hundred eighty-nine
dollars ($189) for area [vocational-technical] career and
technical schools.
Section 2574.3. Approved Reimbursable Annual Rental for
Leases of Buildings or Portions of Buildings for Charter School
Use.--(a) For leases of buildings or portions of buildings for
charter school use which have been approved by the Secretary of
Education on or after July 1, 2001, the Department of Education
shall calculate an approved reimbursable annual rental charge.
Approved reimbursable annual rental for such approved leases of
buildings or portions of buildings for charter school use shall
be the lesser of (i) the annual rental payable under the
provisions of the approved lease agreement, or (ii) the product
of the enrollment, as determined by the Department of Education,
times one hundred sixty dollars ($160) for elementary schools,
two hundred twenty dollars ($220) for secondary schools or two
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hundred seventy dollars ($270) for area [vocational-technical]
career and technical schools. The Commonwealth shall pay
annually for the school year 2001-2002 and each school year
thereafter to each charter school which leases with the approval
of the Department of Education buildings or portions of
buildings for charter school use under these provisions an
amount determined by multiplying the aid ratio of the charter
school by the approved reimbursable annual rental.
* * *
Section 2575. Payments on Account of Leases Hereafter
Approved and on Account of Sinking Fund Charges on Indebtedness
for School Buildings Hereafter Constructed.--* * *
(b) The Commonwealth shall pay, annually, to each school
district which constructs, purchases or leases with the approval
of the Department of [Public Instruction] Education an area
[vocational-technical] career and technical school building or
technical institute building or which shares in the
construction, purchase or lease of such building or buildings
under provisions of the Public School Building Authority Act,
the Municipality Authority Act, section 758 [of the Public
School Code of 1949, or section] or 791 of [the Public School
Code of 1949] this act, or other agency, or through the
incurring of indebtedness by the issuance of general obligation
bonds, an amount to be determined by multiplying the district's
aid ratio or fifty per cent, whichever is more, by the approved
reimbursable rental approved reimbursable sinking fund charge
multiplied by the district's proportionate share of such rental
sinking fund charge.
Section 2577. Limitations on Approval of Projects for
Reimbursement Purposes.--
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(b) The Department of [Public Instruction] Education shall
determine reimbursement eligibility of all projects including
projects submitted for approval prior to the effective date of
this act in the order of date of filing of applications for
project approval with the department, except that in the case of
application for area [vocational-technical] career and technical
schools, the department may grant priority to such applications
in the order in which said applications are received and process
them immediately. If a delay in departmental processing of any
application on file is occasioned by the applying school
district, the department shall proceed to determine
reimbursement eligibility of projects next in order, except that
in the event of any emergency due to fire, flood, orders from
the Department of Labor and Industry to close school buildings
or parts thereof where such school buildings or parts thereof
are determined to be irrepairable and are closed finally by the
Department of Labor and Industry, or an act of God, which causes
undue hardship beyond the control of the applying school
district, the department may grant priority over the eligibility
of projects submitted prior to the emergency application[:
Provided, however, That in cases where priority is granted due
to closed schools or parts thereof by orders of the Department
of Labor and Industry, the approved reimbursable costs of such
projects shall not be included within the aggregate for projects
already undertaken or to be undertaken as provided in subsection
(a) of this section].
(c) Unless the general construction contract for any project
is awarded within ten months subsequent to the date of approval
by the Department of [Public Instruction] Education and by any
other agency as required by existing law, approval shall be
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withdrawn, except that when a district shows to the satisfaction
of the department that the contract has not been let for reasons
beyond its control or that withdrawal of approval would work
undue hardship, the department may grant extensions beyond the
ten-months period for three periods of ninety days each before
approval is withdrawn. [Any project for which approval was
withdrawn under the provisions of act 417, approved March 22,
1956 (P.L.1315), may be reinstated by the Department of Public
Instruction and granted extensions which, together with the time
already elapsed, shall not exceed nineteen months beyond the
date of approval given by the Department of Public Instruction
or any agency as required by existing law.] A project for which
approval is withdrawn may be resubmitted to the department as a
new project.
Section 2578. Payments.--* * *
(b) All payments due school districts by the Commonwealth on
account of obligations to the State Public School Building
Authority, sinking fund charges, or rentals under leases with
municipality authorities, nonprofit corporations or profit on
nonprofit corporations, partnerships, associations or persons
for building or educational equipment for area technical
schools, shall be paid to the intermediate unit operating the
school. School districts not originally parties to an agreement
with the State Public School Building Authority or a lease with
a municipality authority, a nonprofit corporation or a profit or
nonprofit corporation, partnership, association or person for
buildings or educational equipment for an area technical school
but later electing to participate in the operation of the school
and agreeing to pay a part of the annual payments due under the
agreement or lease shall be entitled to payments by the
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Commonwealth to the same extent as though they had originally
been parties to the agreement or lease. The amount thereof shall
be paid to the intermediate unit. No payments shall be made on
account of obligations or rentals for buildings or educational
equipment for area technical schools unless the schools conform
to plans approved by the State Board [for Vocational] of Career
and Technical Education.
Section 2593. Responsibility for [Vocational] Career and
Technical Programs.--* * *
(b) It shall be the responsibility of every school district
to comply with all provisions of the act and of regulations of
the State Board of Education and standards of the department
promulgated hereunder with regard to the provision of
[vocational] career and technical education programs and to make
such financing arrangements as it deems proper with area
[vocational-technical] career and technical schools in order so
to comply.
Section 2594. Special Payments on Account of Minimum Salary
Increases.--(a) For the school year 1988-1989 and each school
year thereafter beginning before the expiration of the term of
any contract or agreement effective on or before the effective
date of this section between a public employer and a public
employe or employe organization pursuant to the act of July 23,
1970 (P.L.563, No.195), known as the "Public Employe Relations
Act," each school district, intermediate unit and area
[vocational-technical] career and technical school which elects
to increase minimum salaries pursuant to section 1142.1 shall be
paid in the manner provided in subsection (b), in addition to
any other payments to which it is entitled, a special payment to
cover the cost of implementing section 1142.1.
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(b) For the school year 1988-1989, the amount paid to each
school district, intermediate unit and area [vocational-
technical] career and technical school shall be the difference
between the salary paid to each full-time teacher at the
beginning of the school term 1988-1989 that is less than
eighteen thousand five hundred dollars ($18,500) and an amount
equal to eighteen thousand five hundred dollars ($18,500). For
the school year 1989-1990 and each school year thereafter, the
amount paid shall be the difference between the salary payable
to each full-time teacher at the beginning of the school term
under the terms of the contract or agreement in effect on the
effective date of this section which is less than eighteen
thousand five hundred dollars ($18,500) and an amount equal to
eighteen thousand five hundred dollars ($18,500). The amount so
calculated shall be paid to each qualifying school district,
intermediate unit and area [vocational-technical] career and
technical school by the Department of Education during each
school year for which each school district, intermediate unit
and area [vocational-technical] career and technical school
qualifies out of the funds appropriated to the department for
this purpose.
(c) For each school year for which a school district,
intermediate unit and area [vocational-technical] career and
technical school qualifies for a special payment under
subsection (a), the entire employer's share of contributions to
the Public School Employe's Retirement Fund and Social Security
attributable to the salary increase implemented pursuant to
section 1142.1 shall be paid for each school district,
intermediate unit and area [vocational-technical] career and
technical school out of funds appropriated to the Department of
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Education for such purposes.
Section 2595. School Performance Incentives.--* * *
(b) Any public elementary school, secondary school or area
[vocational-technical] career and technical school is eligible
to participate in the school performance program.
(c) (1) School performance will be determined by
improvements in student accomplishment or maintenance of high
standards using the following criteria:
* * *
(iv) rates of employment related to the training received by
area [vocational-technical] career and technical school
graduates until such time as an occupational competency testing
program is established and which meets the measurement
requirements in this section; or
* * *
(h) Nothing contained in this section shall be construed to
supersede or preempt any provisions of a collective bargaining
agreement negotiated by a school and the employe organization
district, intermediate unit or area [vocational-technical]
career and technical school that is in effect on the effective
date of this section.
Section 2597.3. Eligible Grant Applicants.--Applications for
grants may be submitted by school districts and nonprofit
community-based organizations. Community-based organizations
must demonstrate that the program will operate in collaboration
with a school district, intermediate unit or area [vocational-
technical] career and technical school.
Section 2597.4. Program Requirements.--Services and programs
may be provided to students in grades kindergarten through
twelve. Services and programs shall include the following:
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* * *
(2) Dropout Prevention Programs. Services and programs shall
include the following:
* * *
(iv) [Vocational] Career and technical education and school-
to-work transition.
* * *
Section 2597.5. Criteria for Awarding Grants.--* * *
(c) Dropout prevention is to be measured by:
* * *
(4) The extent to which the school district program is
linked to those of other relevant service providers, such as
literacy councils, area [vocational-technical] career and
technical schools, post-secondary educational and training
institutions, private industry councils, social service agencies
and community-based organizations.
* * *
Section 2599. Administrative/Instructional Consolidation
Incentives.--* * *
(b) Any school district, area [vocational-technical] career
and technical school, intermediate unit or joint school is
eligible to participate in the consolidation incentives program
and shall be considered a school entity for the purposes of this
section.
* * *
(d) * * *
(6) Nothing contained in this section shall be construed to
supersede or preempt any provisions of a collective bargaining
agreement negotiated by a school district, intermediate unit or
area [vocational-technical] career and technical school and the
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employe organization that is in effect on the effective date of
this section.
Section 2599.1. Multipurpose Service Center Grant Program.--
* * *
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Displaced homemaker" or "single parent." An individual who:
(1) Has worked in the home, providing unpaid household
services for family members.
(2) Is underemployed.
(3) Has had or is having difficulty securing employment.
(4) Has been dependent on the income of another family
member but is no longer supported by such income, has been
dependent on government assistance or is supported as the parent
of minor children by government assistance or other support.
"Multipurpose service center." A community-based
organization, school district, joint school district or
intermediate unit, postsecondary school, institution of higher
learning or area [vocational-education] career and technical
education school that provides job counseling services; job
training, education and placement services; financial management
services, outreach information services with respect to Federal
and State employment and education, health and unemployment
assistance programs to displaced homemakers and single parents.
Section 2599.2. Pennsylvania Accountability Grants.--* * *
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Applied knowledge." Information technology, computer
equipment, education software and related advanced technologies
necessary to increase students' access to worldwide information
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and their expertise in this regard.
"Career awareness program." An educational program that
introduces students to a variety of career and [vocational]
technical options and includes such activities as job shadowing,
field trips and tours, career days or the administration of
career assessment tests and inventories.
"Career days." Special events that allow students to meet
with employers, career development specialists, community-based
organization representatives and postsecondary educators and are
designed to encourage students to gain information about careers
and job opportunities.
"Department." The Department of Education of the
Commonwealth.
"Grant." A Pennsylvania accountability grant awarded under
this section.
"Highly qualified." A highly qualified elementary teacher or
a highly qualified middle or secondary teacher as defined in 22
Pa. Code § 403.2 (relating to definitions).
"Job shadowing." As part of career exploration activities in
late middle and early high school, activity of a student
following an employe for one or more days to learn about a
particular occupation or industry, which activity is intended to
help students explore a range of career objectives and possibly
to select a career pathway.
"Science." A curricular offering in support of the science
and technology content area as defined in 22 Pa. Code § 4.12
(relating to academic standards).
Section 2602-B. Membership.--* * *
(e) For the purpose of formulating policy proposals
applicable to elementary, secondary, [vocational-technical]
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career and technical education and higher education in this
Commonwealth, there shall be two councils, which shall consist
of ten (10) members of the board each, the chairman being a
member of both councils, and shall be known as the Council of
Basic Education and the Council of Higher Education. The
Governor shall designate to serve at his pleasure a member
serving on each council to act as chairman of the council. Each
council shall meet at the call of its chairman or at the request
of a majority of the members of the council. The chairman of the
board may appoint special joint committees from among the
members of the board to formulate policy proposals in those
areas which fall within the purview of both of the councils.
(f) Except for the chairman, not more than two (2) members
serving on each council shall be employed either in a school
system or in the Department of Education. For purposes of this
subsection, the State System of Higher Education shall not be
considered a school system. Three (3) members of the Council of
Higher Education shall be actively employed by an institution of
higher education, at least one holding an administrative
position and at least one holding a professional position on a
faculty of an institution of higher education. At least two (2)
members serving on each council shall have had previous
experience with [vocational-technical] career and technical
education or training.
* * *
Section 2604-B. Powers and Duties of Council of Basic
Education and Council of Higher Education.--* * *
(b) The Council of Basic Education shall have the power, and
its duty shall be to:
* * *
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(2) investigate programs, conduct research studies and
formulate policy proposals in all educational areas not within
the purview of higher education, including, but not limited to:
(i) the creation, merger, consolidation and reorganization
of school districts, the establishment of joint schools, area
[vocational-technical] career and technical schools and such
other administrative organizations as may be provided by law;
* * *
(3) encourage and promote such agricultural, industrial,
[vocational] career and technical education programs as the
needs of this Commonwealth may, from time to time, require; and
* * *
Section 42. This act shall take effect in 60 days.
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