A02375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1254
Session of
2021
INTRODUCED BY LEWIS DELROSSO, ROTHMAN, WHITE, HAMM, KAUFFMAN,
KEEFER, GROVE, BERNSTINE, RYAN, ROWE, ZIMMERMAN AND MERCURI,
APRIL 21, 2021
REFERRED TO COMMITTEE ON EDUCATION, APRIL 21, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
providing for in-person instruction or tuition grant program
required.
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," adding provisions relating to COVID-
19; and establishing the COVID-19 Tuition Grant Program Fund.
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 an article to read:
Section 1507. In-person Instruction or Tuition Grant Program
Required.--(a) Within thirty (30) days of the effective date of
this section, a school district that does not provide full-time
in-person instruction or denies a resident student full-time in-
person instruction in the district must establish a tuition
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grant program under section 2012-B.
(b) The amount of the tuition grant may be no less than the
maximum amount allowed under section 2012-B(b).
(c) Any resident student shall be eligible for a tuition
grant.
(d) A resident student receiving a tuition grant under this
section shall continue to be eligible if the student remains a
resident student of the school district, regardless of whether
the school district reestablishes in-person instruction.
(e) The school district shall use funds received from the
Commonwealth for educational purposes to establish tuition
grants under this section to provide for the education of
students who reside within the boundaries of the school district
and who attend a school entity providing all in-person
instruction.
ARTICLE XIV-C
P ROVISIONS RELATING TO COVID-19
Section 1401-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:
"COVID-19 health and safety policy." A measure for the
prevention or control of the 2019 novel coronavirus, known as
COVID-19, which applies within a public school or a nonpublic
school.
"Department." The Department of Education of the
Commonwealth.
"Local board or department of health." As defined in section
201(f) of the act of April 23, 1956 (1955 P.L.1510, No.500),
known as the Disease Prevention and Control Law of 1955.
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"Nonpublic school." A nonprofit school, other than a public
school, within this Commonwealth, in which 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).
"Parent or legal guardian." An individual who:
(1) is a resident of this Commonwealth; and
(2) has control or charge of a qualified student and the
legal right to direct the education of the qualified student.
"Public school." A school district, charter school, cyber
charter school, regional charter school, intermediate unit or
area career and technical school.
"Qualified student." A child of compulsory school age who
resides in this Commonwealth and is currently enrolled in the
child's school district of residence.
"Resident school district." The school district in which a
qualified student resides.
Section 1402-C. COVID-19 tuition grants for 2021-2022 school
year.
(a) General rule.--A one-time tuition grant program is
established in the department for the 2021-2022 school year. The
purpose of the program is to provide for the education of
qualified students who apply to attend a public school other
than the resident school district or a nonpublic school on a
tuition-paying basis due to COVID-19 outbreaks or a COVID-19
health and safety policy imposed by the Commonwealth, a
municipality, a local board or department of health or the
resident school district.
(b) Grant program.--
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(1) A parent or legal guardian of a qualified student
may apply to the department beginning five business days
after the effective date of this section, for a one-time
grant for each qualified student of the parent to attend a
public school other than the resident school district or a
nonpublic school due to COVID-19 outbreaks or a COVID-19
health and safety policy imposed by the Commonwealth, a local
board or department of health or the resident school
district.
(2) The department may not limit the number of tuition
grants available.
(3) The department shall notify a parent or legal
guardian of an approved or denied application within five
business days after receiving an application. If denied, the
notification shall include an explanation of the denial, an
opportunity to cure deficiencies and a deadline for
resubmission.
(4) Grant amounts shall be as follows:
(i) The amount of a grant awarded to a qualified
student who transfers to a public school shall be equal
to the most recent tuition rate of the selected school
district published on the department's publicly
accessible Internet website. The tuition grant may not be
in addition to a charter school, regional charter school
or cyber charter school district tuition payment.
(ii) The amount of a grant awarded to a qualified
student who transfers to a nonpublic school shall be
equal to the tuition rate of the nonpublic school for the
2021-2022 school year or the most recent tuition rate of
the resident school district published on the
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department's publicly accessible Internet website,
whichever is less.
(iii) The amount of a grant shall be prorated based
on the number of school days remaining in the school year
at the time of transfer.
(5) Grants shall be paid by the department from the
COVID-19 Tuition Grant Program Fund. The selected school
shall send written confirmation of enrollment of the
qualified student to the department within five days of
enrollment. The department shall issue a check payable to a
parent or legal guardian of the qualified student which shall
be sent directly to the selected school. The parent or legal
guardian of the qualified student shall be required to
endorse the check to the selected school. The school that
accepts the tuition grant payment shall provide a receipt to
the parent or legal guardian for the payment. A copy of the
receipt shall be submitted by the parent or legal guardian to
the department.
(6) In the event that the qualified student is no longer
enrolled prior to the completion of the school term, the
selected school shall send written notice to the resident
school district within five business days of a qualified
student withdrawing from the selected school and shall refund
a prorated share of the tuition grant based on the number of
school days remaining in the school year at the time of
withdrawal.
(7) A parent or legal guardian of a qualified student
may not use a grant to transfer to public school or nonpublic
school more than once during the 2021-2022 school year.
(8) If a parent or legal guardian decides to keep the
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qualified student enrolled in a selected public school or
nonpublic school other than the resident school district
beyond the 2021-2022 school year, the parent or legal
guardian shall be responsible for future tuition payments.
(c) Education records.--The resident school district shall
provide the selected school with a complete copy of the
qualified student's records maintained by the resident school
district upon request by the parent or guardian that the
qualified student is transferring to the selected school.
(d) Transportation.--The resident school district of a
student shall provide transportation to a qualified student who
receives a tuition grant to attend a public school or nonpublic
school in accordance with section 1361. The resident school
district may apply to the department for reimbursement of the
cost of providing transportation of the qualified student to the
selected public school or nonpublic school. The reimbursement
shall be paid from the COVID-19 Tuition Grant Program Fund.
(e) Duties of department.--The department shall:
(1) Establish an online application form and approval
process.
(2) Verify the accuracy of application information.
(3) Confirm enrollment at the selected school by a
qualified student who receives a tuition grant.
(4) Provide a transfer notification form for the parent
or guardian to submit to the resident school district.
(5) Establish a process for the selected school to
submit prorated refunds of tuition grants for qualified
students who withdraw during the school year.
(6) Establish a process and guidelines to reimburse
resident school districts for transportation costs under
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subsection (d).
(7) Establish guidelines for a resident qualified
student to attend an area career and technical school through
a tuition grant.
(8) Establish a process for public schools and nonpublic
schools to participate in the tuition grant program and to
accept tuition grant students.
(f) Nontaxable.--Grants awarded to qualified students under
this section shall not:
(1) Be considered taxable income for purposes of a local
taxing ordinance or for purposes of Article III of the Tax
Reform Code of 1971.
(2) Constitute financial assistance or appropriations to
the school attended by the qualified students.
(g) Construction.--Nothing in this section shall be
construed to empower the Commonwealth or its agencies or
officers to do any of the following:
(1) Regulate the education program of the selected
school due to the admission of a qualified student who has
received a tuition grant under this section.
(2) Expand the regulatory authority of the Commonwealth
to impose additional regulation of nonpublic schools beyond
that necessary to enforce the requirements of this section.
(h) COVID-19 Tuition Grant Program Fund.--
(1) The COVID-19 Tuition Grant Program Fund is
established as a special fund in the State Treasury.
(2) Money in the fund is appropriated to the department
on a continuing basis for the purposes of providing grants
and transportation reimbursement under this section.
(3) The General Assembly may make appropriations to the
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fund from money available for the purposes of this article.
Section 2. This act shall take effect in 60 days
immediately.
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