Trial Engrossment of Amendment A06869 to Senate Bill 1216 P.N. 1899, Regular Session 2019-2020

HOUSE AMENDED

A06869

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1216

Session of

2020

INTRODUCED BY LANGERHOLC, STEFANO, MENSCH, PHILLIPS-HILL,

J. WARD, AUMENT, PITTMAN, REGAN, BROWNE, TARTAGLIONE,

KILLION, SABATINA, VOGEL, SCAVELLO, BOSCOLA, COLLETT, BLAKE,

SANTARSIERO, BAKER, IOVINO, MUTH, BREWSTER, HUGHES AND

MASTRIANO, JUNE 19, 2020

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, AUGUST 20, 2020

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in certification of teachers, FURTHER

PROVIDING FOR INSTRUCTIONAL CERTIFICATE GRADE SPANS AND AGE

LEVELS AND DUTIES OF DEPARTMENT AND providing for special

provisions applicable to 2020-2021 school year; and, in

school health services, further providing for

confidentiality, transference and removal of health records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

SECTION 1. SECTION 1202.1(A) OF THE ACT OF MARCH 10, 1949

(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS

AMENDED BY ADDING A PARAGRAPH TO READ:

SECTION 1202.1. INSTRUCTIONAL CERTIFICATE GRADE SPANS AND

AGE LEVELS AND DUTIES OF DEPARTMENT.--(A) THE FOLLOWING SHALL

APPLY TO SPECIAL EDUCATION CERTIFICATES:

* * *

(1.1) NOTWITHSTANDING PARAGRAPH (1), A TEACHER PREPARATION

PROGRAM MAY PERMIT AN INDIVIDUAL ENROLLED AT AN INSTITUTION OF

HIGHER EDUCATION OR IN AN APPROVED ALTERNATIVE PREPARATION

PROGRAM PRIOR TO DECEMBER 31 2021, AND WHO REMAINS CONTINUOUSLY

ENROLLED TO COMPLETE THE PROGRAM FOR THE GRADE LEVEL LIMITATIONS

PROVIDED UNDER 22 PA. CODE § 49.85(A) AND (B). THE DEPARTMENT

MAY ISSUE THE APPROPRIATE SPECIAL EDUCATION-PK-8 OR SPECIAL

EDUCATION-7-12 CERTIFICATES TO AN APPLICANT WHO COMPLETES THE

PROGRAM AND MEETS ALL OTHER CERTIFICATION REQUIREMENTS.

* * *

SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

Section 1207.4. Special Provisions Applicable to 2020-2021

School Year.--(a) Beginning on the effective date of this

subsection and notwithstanding any other provision of law to the

contrary, the Secretary of Education may do any or all of the

following:

(1) Waive the requirement to satisfactorily complete the

assessment of basic skills required under section 1207.3 and 22

Pa. Code § 49.18(c) (relating to assessment) during the 2020-

2021 school year. This paragraph shall expire June 30, 2021.

(2) Issue a temporary provisional certificate to an educator

who has completed a preparation program and meets all

requirements for certification except the satisfactory

completion of the assessments required pursuant to 22 Pa. Code §

49.18(c) because the assessments were canceled or could not be

scheduled. A temporary provisional certificate issued under this

paragraph shall expire after one year of issuance and may be

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converted to a Level I Pennsylvania certificate upon submission

of evidence of satisfactory completion of the required

assessments to the Department of Education. This paragraph shall

expire on June 30, 2021.

(3) Issue an exceptional case permit for a professional

employe at the request of a school entity that employs the

professional employe who completed the final year of Level I

Pennsylvania certificate validity in the 2019-2020 school year

and who was unable to complete the assessment requirements for

conversion to a Level II Pennsylvania certificate under 22 Pa.

Code § 49.18(a)(2)(iii) because the assessments were canceled or

could not be scheduled. The exceptional case permit shall expire

one year from the date of issuance. This paragraph shall expire

June 30, 2021.

(4) Issue a temporary certificate to an individual who is

unable to complete the appropriate subject matter test for areas

other than health and physical education, cooperative education,

all special education areas and additional areas as may be

determined by the Department of Education under 22 Pa. Code §

49.18(e) when the Department of Education determines that the

relevant assessment has been canceled or could not be scheduled.

An individual who provides evidence as required by the

Department of Education indicating that the individual attempted

to access testing and was denied registration may be eligible

for issuance of a temporary certificate under this paragraph.

The temporary certificate shall expire one year from the date of

issuance and may be converted to a full instructional

certificate by providing proof of satisfactory achievement on

the required test to the Department of Education. This paragraph

shall expire June 30, 2021.

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(b) Beginning on the effective date of this subsection and

notwithstanding any other provision of law to the contrary, the

deadline by which any paraprofessional employed by a school

entity as of March 13, 2020, must satisfy staff development

activity hour requirements under 22 Pa. Code § 14.105 (relating

to personnel) shall be extended until June 30, 2021. This

subsection shall expire one year from the effective date of this

subsection.

Section 3. Section 1409 of the act is amended by adding a

subsection to read:

Section 1409. Confidentiality, Transference and Removal of

Health Records.--* * *

(d) The following apply:

(1) The Department of Health or the local board or

department of health shall report to a school entity any

positive or presumptive case of COVID-19 that occurs in a

student or an employee of a school entity, in a provider of

services or contractor who works at the school entity or in an

individual who volunteers at the school entity, including any

individual who coaches or advises an extracurricular activity

sponsored by the school entity. Within twenty-four (24) hours of

receipt of the information of a positive case of COVID-19 in an

employee, a student, a contractor or a volunteer of the school

entity under this paragraph, the school entity shall notify

employees, contractors, volunteers and the parents of the

students who work, volunteer or receive instruction in the same

school building or on the same school property as the COVID-19-

positive employee, contractor, volunteer or student of the

existence of the COVID-19-positive employee, contractor,

volunteer or student. The school entity shall provide

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educational support to students who are not permitted to receive

instruction at the school entity due to a positive or

presumptive case of COVID-19 within the school entity.

(2) As used in this subsection, the following words and

phrases shall have the meanings given to them in this paragraph:

"COVID-19" means the novel coronavirus as identified in the

proclamation of disaster emergency issued by the Governor on

March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and

any renewal of the state of disaster emergency.

"Local board or department of health" means as the term is

defined in section 2(f) of the act of April 23, 1956 (1955

P.L.1510, No.500), known as the "Disease Prevention and Control

Law of 1955."

" School entity" means any school district, intermediate unit,

career and technical center, charter school, regional charter

school, cyber charter school, private or nonpublic school.

Section 2 3 4. This act shall take effect immediately. AS

FOLLOWS:

(1) THE AMENDMENT OF SECTION 1202.1(A) SHALL TAKE EFFECT

IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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