Trial Engrossment of Amendment A05390 to House Bill 1642 P.N. 2372, Regular Session 2021-2022

SENATE AMENDED

A05390

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1642

Session of

2021

INTRODUCED BY WHITE, ROTHMAN, RYAN, KAUFFMAN, GROVE, DRISCOLL,

ZIMMERMAN, THOMAS, PENNYCUICK, LEWIS, POLINCHOCK, ROWE AND

NEILSON, JUNE 16, 2021

SENATOR MARTIN, EDUCATION, IN SENATE, AS AMENDED,

NOVEMBER 8, 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 educational tax credits, further

providing for definitions, for qualification and application

by organizations, for application by business firms, for tax

credits, for limitations and for opportunity scholarships.

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 preliminary provisions, further

providing for Keystone Exams and graduation requirements, for

special provisions applicable to the Keystone Exams,

graduation requirements and alternative competency assessment

and for Special Education Funding Commission and providing

for Commission on Education and Economic Competitiveness; in

grounds and buildings, further providing for limitation on

new applications for Department of Education approval of

public school building projects; in professional employees,

providing for locally titled positions; in certification of

teachers, providing for out-of-State applicants for career

and technical education certification, further providing for

program of continuing professional education and for

continuing professional education for school or system

leaders, providing for teacher support in the Structured

Literacy Program, repealing provisions relating to

certificates issued by other states and providing for out-of-

State applicants for certification and for prekindergarten

through grade twelve dance certificate; in pupils and

attendance, further providing for definitions, for Home

Education Program, for assisting students experiencing

education instability, for Nonprofit School Food Program, for

exceptional children and education and training and for

extended special education enrollment due to COVID-19; in

school safety and security, further providing for School

Safety and Security Committee, providing for survey of school

mental health services, further providing for School Safety

and Security Grant Program, for school safety and security

coordinator and for school safety and security training and

providing for school safety and security grants for 2022-2023

school year, for school mental health grants for 2022-2023

school year, for school safety and security coordinator

training, for school safety and security training in

educator, administrator and supervisory preparatory programs

and for School-based Mental Health Internship Grant Program;

in threat assessment, further providing for threat assessment

teams; in school health services, further providing for

health services; in Drug and Alcohol Recovery High School

Pilot Program, further providing for definitions, for

establishment of Drug and Alcohol Recovery High School Pilot

Program and for scope of program and selection of students,

repealing provisions relating to term of Drug and Alcohol

Recovery High School Pilot Program and further providing for

reporting; in terms and courses of study, further providing

for agreements with institutions of higher education;

providing for talent recruitment and establishing the

Committee on Education Talent Recruitment, the Talent

Recruitment Grant Program and the Talent Recruitment Account;

providing for educational and professional development online

course initiative, establishing the Online Course

Clearinghouse Account and imposing penalties; in charter

schools, providing for abolition of rulemaking and further

providing for regulations; providing for disability inclusive

curriculum and establishing the Disability Inclusive

Curriculum Pilot Program; in career and technical education,

providing for Cosmetology Training through Career and

Technical Center Pilot Program and for Barber Training

through Career and Technical Center Pilot Program; in

community colleges, further providing for financial program

and reimbursement of payments; in rural regional college for

underserved counties, further providing for reports; in the

State System of Higher Education, further providing for

definitions, for establishment of the State System of Higher

Education and its institutions, for board of governors and

for council of trustees and providing for integrated

councils; in educational tax credits, further providing for

definitions, for qualification and application by

organizations, for application by business firms, for tax

credits, for limitations and for opportunity scholarships; in

transfers of credits between institutions of higher

education, further providing for definitions and for duties

of public institutions of higher education; in sexual

violence education at institutions of higher education,

further providing for scope of article, for definitions and

for education program, providing for consent to sexual

activity, further providing for follow-up and for report and

providing for memorandum of understanding; in miscellaneous

provisions relating to institutions of higher education,

further providing for Public Higher Education Funding

A05390 - 2 -

Commission and providing for State-related university

performance-based funding model and for prohibition on

scholarship displacement at public institutions of higher

education; in ready-to-succeed scholarship, further providing

for agency; in funding for public libraries, providing for

State aid for fiscal year 2022-2023; in reimbursements by

Commonwealth and between school districts, further providing

for payments on account of pupils enrolled in career and

technical curriculums and for student-weighted basic

education funding, providing for level-up supplement for

2021-2022 school year and further providing for payments to

intermediate units, for special education payments to school

districts, for assistance to school districts declared to be

in financial recovery status or identified for financial

watch status, for approved reimbursable rental for leases

hereafter approved and approved reimbursable sinking fund

charges on indebtedness and for Ready-to-Learn Block Grant;

in construction and renovation of buildings by school

entities, further providing for applicability; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "economically disadvantaged

school" and "household income" in section 2002-B of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949, are amended and the section is amended by adding

definitions 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:

* * *

"Economically disadvantaged school." Any school within this

Commonwealth at which at least [75%] 51% of the students

attending the school in the immediately preceding school year

received a scholarship of at least $1,000 pursuant to this

article.

* * *

"Fiscal year." The Commonwealth's fiscal year beginning July

1 and ending June 30.

A05390 - 3 -

* * *

"Household income." All money or property received of

whatever nature and from whatever source derived. The term does

not include the following:

(1) Periodic payments for sickness and disability other

than regular wages received during a period of sickness or

disability.

(2) Disability, retirement or other payments arising

under workers' compensation acts, occupational disease acts

and similar legislation by any government.

(3) Payments commonly recognized as old-age or

retirement benefits paid to persons retired from service

after reaching a specific age or after a stated period of

employment.

(4) Payments commonly known as public assistance or

unemployment compensation payments by a governmental agency.

(5) Payments to reimburse actual expenses.

(6) Payments made by employers or labor unions for

programs covering hospitalization, sickness, disability or

death, supplemental unemployment benefits, strike benefits,

Social Security and retirement.

(7) Compensation received by United States servicemen

serving in a combat zone.

(8) Payments received from a governmental agency to

relieve the economic effects of the COVID-19 pandemic.

* * *

"Tax year." A taxpayer's annual accounting period or, if a

return is made for a period of less than 12 months, the period

for which the return is made.

Section 2. Sections 2003-B(d.3) and 2004-B(a)(2) of the act

A05390 - 4 -

are amended to read:

Section 2003-B. Qualification and application by organizations.

* * *

(d.3) [Opportunity scholarship] Scholarship organization for

economically disadvantaged schools.--

(1) [In] Effective July 1, 2022, in addition to the

other requirements of this article, [an opportunity] a

scholarship organization that intends to provide

[opportunity] scholarship awards to applicants of

economically disadvantaged schools must demonstrate a history

of serving schools throughout this Commonwealth and the

capacity to distribute [opportunity] scholarships Statewide

to applicants of economically disadvantaged schools.

(2) [An opportunity] A scholarship organization must

agree to distribute [opportunity] scholarships to applicants

of economically disadvantaged schools not later than

[December] February 1 of the applicable school year.

(3) Notwithstanding any other provision of this article

to the contrary, the department may not for any school year

qualify more than one [opportunity] scholarship organization

for the provision of [opportunity] scholarships to applicants

of economically disadvantaged schools.

* * *

Section 2004-B. Application by business firms.

(a) Scholarship organization, pre-kindergarten scholarship

organization or opportunity scholarship organization.--

* * *

(2) A business firm that intends to apply to the

department for a tax credit for contributions [to the

opportunity scholarship organization that qualifies under

A05390 - 5 -

section 2003-B(d.3)] for students attending an economically

disadvantaged school must submit an application separate from

an application for tax credits to [a] another scholarship

organization, pre-kindergarten scholarship organization or

[other] opportunity scholarship organization. The

contribution shall be made to the designated scholarship

organization for the economically disadvantaged schools and

shall be separately accounted for and distributed by the

designated scholarship organization.

* * *

Section 3. Section 2005-B(i)(5) and (j)(1) and (2) of the

act are amended and subsection (i) is amended by adding a

paragraph to read:

Section 2005-B. Tax credits.

* * *

(i) Temporary increase in maximum tax credits available.--

* * *

(4.1) If all tax credits authorized under this article

for contributions to the category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations have not been awarded

as of November 30 of any fiscal year, then for applications

accepted by the department from December 1 through the end of

the fiscal year, the limitations set forth in subsections

(a), (a.1), (c) and (d) relating to the maximum amount of tax

credits a business firm can receive during a fiscal year for

contributions to each such category of organizations shall

not apply. Under this paragraph, the department may accept

applications under section 2004-B from December 1 through the

end of the fiscal year and shall award tax credits under this

A05390 - 6 -

article for contributions to the category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations on a first-come,

first-served basis until all tax credits available for the

fiscal year have been exhausted.

(5) Notwithstanding a temporary increase in maximum tax

credits available under this subsection, the limitations set

forth in subsections (a), (a.1), (c) and (d) relating to the

maximum amount of tax credits a business firm can receive

during a year for contributions to a category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations shall be reinstated

for all applications accepted by the department [on or] after

[December 1] June 30 of the fiscal year.

(j) Reallocation of tax credits.--

(1) Beginning on January 1 of any fiscal year, if any

tax credits authorized under this article for contributions

to any of the categories of scholarship organizations,

opportunity scholarship organizations or pre-kindergarten

scholarship organizations remain unawarded, such unawarded

tax credits may be reallocated to any of the categories of

scholarship organizations, opportunity scholarship

organizations or pre-kindergarten scholarship organizations

for which all available tax credits have been awarded. The

department shall, within 10 business days, inform each

business firm on the waiting list maintained by the

department under subsection (h) that tax credits remain

available under another category for which the business firm

has not yet applied. If a business firm notified under this

paragraph elects, the department shall reallocate available

A05390 - 7 -

tax credits for award to the business firm in the business

firm's preferred tax credit category, notwithstanding the

limitations contained in section 2006-B(a). [The amount of

tax credits to be awarded to a business firm under this

paragraph shall not exceed the amount of tax credits

available for reallocation or the maximum amount of tax

credits for which a business firm is eligible under

subsections (a), (a.1), (c) and (d).] Each business firm

shall have 10 business days from the date of the department's

notice to elect a reallocation of tax credits under this

paragraph. The department shall award tax credits on a first-

come, first-served basis.

(2) After the department has awarded tax credits under

paragraph (1), the department shall accept new applications

for reallocation of tax credits from any of the categories of

scholarship organizations, opportunity scholarship

organizations or pre-kindergarten scholarship organizations

for which tax credits remain available to the applicant's

preferred category of scholarship organizations, opportunity

scholarship organizations or pre-kindergarten scholarship

organizations for which all available tax credits have been

awarded, notwithstanding any limitations contained in section

2006-B(a)[. The amount of tax credits to be awarded to a

business firm under this paragraph shall not exceed the

amount of tax credits available for reallocation or the

maximum amount of tax credits for which a business firm is

eligible under] or the limitations in subsections (a), (a.1),

first-come, first-served basis.

* * *

A05390 - 8 -

Section 4. Section 2006-B(a) of the act, amended June 30,

2021 (P.L.158, No.26), is amended to read:

Section 2006-B. Limitations.

(a) Amount.--

(1) The total aggregate amount of all tax credits

approved for contributions from business firms to scholarship

organizations, educational improvement organizations and pre-

kindergarten scholarship organizations shall not exceed

[$225,000,000] $230,000,000 in a fiscal year. The following

shall apply:

(i) No less than $175,000,000 of the total aggregate

amount shall be used to provide tax credits for

contributions from business firms to scholarship

organizations.

(ii) No less than $37,500,000 of the total aggregate

amount shall be used to provide tax credits for

contributions from business firms to educational

improvement organizations.

(iii) The total aggregate amount of all tax credits

approved for contributions from business firms to pre-

kindergarten scholarship organizations shall not exceed

$12,500,000 in a fiscal year.

(iv) No less than $5,000,000 of the total aggregate

amount shall be used to provide tax credits for

contributions from business firms to increase the

scholarship or pre-kindergarten scholarship by UP TO

$2,000 or, in the case of a scholarship for a student

attending a secondary school, by UP TO $4,000, for a

student attending an economically disadvantaged school,

to the extent that the total amount of scholarships, pre-

A05390 - 9 -

kindergarten scholarships and opportunity scholarships

will not exceed the lesser of $8,500 or the school's

tuition.

(2) The total aggregate amount of all tax credits

approved for contributions from business firms to opportunity

scholarship organizations shall not exceed [$55,000,000 in a

fiscal year and no less than $5,000,000 of the total

aggregate amount shall be used to provide tax credits for

contributions from business firms to increase the scholarship

amount to students attending an economically disadvantaged

school by up to $1,000 more than the amount provided during

the immediately preceding school year.] $50,000,000 in a

fiscal year .

* * *

Section 5. Section 2009-B(e) and (f)(5) of the act are

amended to read:

Section 2009-B. Opportunity scholarships.

* * *

(e) Amount.--

(1) [(i) Except as otherwise provided in subparagraph

(ii), the] The maximum amount of an opportunity scholarship

awarded to an applicant without a disability shall be $8,500.

[(ii) For a student attending an economically

disadvantaged school, the maximum amount of an

opportunity scholarship awarded to an applicant without a

disability shall be $9,500.]

(2) [(i) Except as otherwise provided in subparagraph

(ii), the] The maximum amount of an opportunity scholarship

awarded to an applicant with a disability shall be $15,000.

[(ii) For a student attending an economically

A05390 - 10 -

disadvantaged school, the maximum amount of an

opportunity scholarship awarded to an applicant with a

disability shall be $16,000.]

(3) In no case shall the combined amount of the

opportunity scholarship awarded to a recipient and any

additional financial assistance provided to the recipient

exceed the tuition rate and school-related fees for the

participating public school or participating nonpublic school

that the recipient will attend.

(f) Designation, reports and notices.--

* * *

(5) (i) Each school that has been designated by the

department as an economically disadvantaged school for an

applicable school year shall notify the department by no

later than [October 15] November 30 of the applicable

school year of the following information for each

recipient of a scholarship registered to attend the

school for the applicable school year:

(A) The recipient's name and address.

(B) The grade of the recipient for the school

year with respect to which the scholarship and

tuition grant shall be received.

scholarships under this article entitled to

educational tax credits that were received by the

recipient.

(D) The names and address of the recipient's

parents or guardians.

(E) The amount of tuition charged.

(ii) The information submitted in this paragraph

A05390 - 11 -

shall be provided to the [opportunity] scholarship

organization for economically disadvantaged schools who

shall distribute the money in accordance with section

2003-B(d.3).

(iii) Information submitted by a school designated

by the department as an economically disadvantaged school

shall remain confidential and shall not be subject to the

act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law. The information can be used for

administration of the program.

Section 6. This act shall take effect July 1, 2022, or

immediately, whichever is later.

Section 1. Section 121(c.1)(3)(i)(D) and (d) of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949, are amended and the section is amended by adding a

subsection to read:

Section 121. Keystone Exams and Graduation Requirements.--*

* *

(c.1) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §

4.24, 4.51 or 4.51c 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 student shall be deemed proficient if the student

demonstrates one of the following:

* * *

(3) Successful completion of locally established, grade-

based requirements for academic content areas associated with

each Keystone Exam on which the student did not achieve at least

a proficient score and demonstration of three pieces of evidence

that reflect readiness for meaningful postsecondary engagement

A05390 - 12 -

consistent with the student's goals and career plan, which shall

include:

(i) One of the following:

* * *

(D) Attainment of an industry-recognized credential[, as

identified in the industry credential resource book or in the

industry-based learning guidelines compiled by the department].

* * *

(c.9a) No later than the beginning of the 2022-2023 school

year, an industry-recognized credential attained by a student

shall be included on the student's transcript.

* * *

(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-

(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.

(3) Any accredited nonprofit public, private or independent

A05390 - 13 -

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 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

which both high school and postsecondary credit are earned.

A05390 - 14 -

"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 under Article XVIII 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.

"Industry-recognized credential." A credential identified in

the industry credential resource book or in the industry-based

learning guidelines compiled by the department.

"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.

A05390 - 15 -

"Preapprenticeship program." An apprenticeship program

registered with the Pennsylvania Apprenticeship and Training

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

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 2. Section 121.1 of the act is amended to read:

Section 121.1. Special Provisions Applicable to the Keystone

Exams, Graduation Requirements and Alternative Competency

Assessment.--(a) For the 2019-2020 school year and any

subsequent school year in which the Federal Government has

waived the testing and accountability requirements of the

Elementary and Secondary Education Act of 1965 (Public Law 89-

10, 20 U.S.C. § 6301 et seq.), as amended by the Every Student

Succeeds Act (Public Law 114-95, 129 Stat. 1802), any student

who completed a course in an academic content area associated

with a Keystone Exam shall not be required to take the Keystone

Exam related to that course and shall be deemed proficient for

purposes of sections 121 and 2604-B(b)(2)(v) and 22 Pa. Code §

4.24 (relating to high school graduation requirements), provided

that the student demonstrates successful completion of locally

established, grade-based requirements for the academic content

areas associated with each Keystone Exam.

(b) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §

A05390 - 16 -

4.24, 4.51 (relating to state assessment system) or 4.51c

(relating to project-based assessment) 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 student subject to this section shall

be deemed proficient if the student meets all of the following

requirements:

(1) Demonstrates attainment of a satisfactory composite

score of at least 2939, using the highest scores attained by the

student on two of the three Keystone Exams in algebra I,

literature and biology.

(2) Achieves a minimum score of proficient on at least one

of the two Keystone Exams and a minimum score of basic on the

other Keystone Exam used to calculate the composite score under

paragraph (1).

Section 3. Section 122(k) of the act is amended by adding a

paragraph and the section is amended by adding a subsection to

read:

Section 122. Special Education Funding Commission.--* * *

(k) * * *

(3) The commission shall be reconstituted January 15, 2024,

in accordance with subsection (c) and shall meet and hold public

hearings to review the operation of the special education

funding provisions of this section, and shall make a further

report and shall issue the report to the recipients listed in

subsection (i)(5) no later than November 30, 2024. When in

receipt of the report recommending changes to the special

education funding formula, the General Assembly shall consider

and take action to enact the formula into law in accordance with

subsection (j).

A05390 - 17 -

* * *

(m.1) The Independent Fiscal Office shall complete a survey

of school district special education student cost distribution

in conjunction with each reconstitution of the Special Education

Funding Commission.

Section 4. The act is amended by adding a section to read:

Section 123.1. Commission on Education and Economic

Competitiveness.--(a) The Commission on Education and Economic

Competitiveness is established.

(b) Membership shall be as follows:

(1) The commission shall consist of the following members:

(i) The Secretary of Education.

(ii) The Secretary of Labor and Industry.

(iii) 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.

(iv) The chair and minority chair of the Labor and Industry

Committee of the Senate and the chair and minority chair of the

Labor and Industry Committee of the House of Representatives.

(v) Two (2) legislators from each of the four (4) caucuses

to be appointed by the President pro tempore of the Senate and

the Speaker of the House of Representatives, in consultation

with the Majority Leader and the Minority Leader of the Senate

and the Majority Leader and the Minority Leader of the House of

Representatives.

(2) The commission shall appoint a member to serve as chair

of the commission and shall designate two (2) members who shall

serve as chairs of the subcommittee.

within the commission. The subcommittee shall consult with the

A05390 - 18 -

commission for advisement on the long-term education goals of

the Commonwealth, including interim goals. The membership of the

subcommittee shall consist of the following members:

(1) The Secretary of Community and Economic Development or a

designee.

(2) The Deputy Secretary of the Office of Child Development

and Early Learning.

(3) The Deputy Secretary of the Office of Elementary and

Secondary Education.

(4) The Deputy Secretary of the Office of Postsecondary and

Higher Education.

(5) The Deputy Secretary for Workforce Development.

(6) Two (2) members of the commission.

(7) One member representing each of the following

organizations:

(i) The Pennsylvania School Boards Association.

(ii) The Pennsylvania State Education Association.

(iii) The Pennsylvania chapter of the American Federation of

Teachers.

(iv) The Pennsylvania Association of School Business

Officials.

(v) The Pennsylvania Association of School Administrators.

(vi) The Pennsylvania Principals Association.

(vii) The Pennsylvania Association of Intermediate Units.

(viii) The Pennsylvania Association of Colleges and Teacher

Educators.

(ix) The Pennsylvania Association of Rural and Small

Schools.

(x) The Pennsylvania Coalition of Public Charter Schools.

(xi) The African American Charter School Coalition.

A05390 - 19 -

(xii) The Pennsylvania Catholic Conference.

(xiii) The Pennsylvania Association of Career and Technical

Administrators.

(xiv) The Pennsylvania Association of Independent Schools.

(xv) The State System of Higher Education.

(xvi) The Pennsylvania Commission for Community Colleges.

(xvii) The Association of Independent Colleges and

Universities of Pennsylvania.

(xviii) The Pennsylvania State University.

(xix) The University of Pittsburgh.

(xx) Temple University.

(xxi) Lincoln University.

(xxii) Thaddeus Stevens College of Technology.

(xxiii) The Pennsylvania College of Technology.

(xxiv) The Pennsylvania Chamber of Business and Industry.

(xxv) The Pennsylvania American Federation of Labor and

Congress of Industrial Organizations.

(xxvi) The Manufacturers' Association.

(xxvii) The National Federation of Independent Business

Pennsylvania.

(xxviii) The Pennsylvania Farm Bureau.

(xxix) The Hospital and Healthsystem Association of

Pennsylvania.

(xxx) The Service Employees International Union Pennsylvania

State Council.

(xxxi) The Arc of Pennsylvania.

(xxxii) The National Association for the Advancement of

Colored People Pennsylvania State Conference.

(xxxiii) The Spanish American Civic Association.

(xxxiv) The State Librarian.

A05390 - 20 -

(8) Any members added by the commission under subsection

(d).

(d) The commission may add additional membership to the

subcommittee and create subgroups within the subcommittee.

(e) Members may not receive compensation for their services

but shall be reimbursed for necessary travel and other

reasonable expenses incurred in connection with the performance

of their duties as members of the commission.

(f) The following shall apply to meetings:

(1) The commission shall hold its first meeting by February

17, 2023, and shall meet no less than quarterly.

(2) The subcommittee shall hold its first meeting by March

6, 2023, and shall hold monthly meetings.

(g) The commission and subcommittee may utilize the

expertise of a nonprofit entity that has experience in the

creation of long-term education planning efforts. The Department

of Education, Department of Labor and Industry and Department of

Community and Economic Development shall pay equal shares of the

costs associated with this subsection at the request of the

commission from money appropriated for general government

operations.

(h) The General Assembly, Department of Education,

Department of Labor and Industry and Department of Community and

Economic Development shall provide administrative support,

meeting space and any other assistance required by the

commission to carry out its duties under this section.

(i) The Department of Education, Department of Labor and

Industry and the Department of Community and Economic

Development and any other Commonwealth agency shall provide the

commission with data, research and other information upon

A05390 - 21 -

request.

(j) The following shall apply to duties:

(1) The subcommittee shall hold monthly meetings to make

recommendations regarding long-term educational goals for the

following:

(i) Early childhood education and necessary supports.

(ii) An aligned instructional system with special attention

to curriculum, assessment, pedagogical approach and standards

that span early childhood education through career and technical

education and higher education.

(iii) Education environments that are conducive for each

student to learn, including school infrastructure.

(iv) Equitable access to education and educational resources

to ensure that students with unique needs are successful.

(v) A holistic approach to education that includes a focus

on development of well-rounded individuals through research

based competencies and dispositions associated with

postsecondary education, career and life-readiness.

(vi) Professional work environments for educators, support

staff and school employees in kindergarten through grade twelve

schools.

(vii) Creation of a leadership development system for

kindergarten through grade twelve schools.

(viii) Recruitment and attainment of high-performing

educators.

(ix) Community partnerships in the education system.

(x) Meeting the employment needs of this Commonwealth.

(xi) Creation of a system that effectively re-tools

displaced workers.

(xii) Addressing the impact of this Commonwealth's changing

A05390 - 22 -

demographics.

(xiii) Effective governance and accountability.

(2) The subcommittee shall hold a series of hearings

throughout this Commonwealth to gather feedback on stated topics

from representatives of this Commonwealth's major industries,

including agriculture, health care, banking, steel, industrial

machinery and publishing.

(3) The subcommittee shall make regular reports to the

commission and issue a final report with legislative

recommendations within twelve (12) months of the subcommittee's

creation.

(4) The subcommittee shall include in its report under

paragraph (3) recommendations on parent and community

participation in the education system and the challenges and

opportunities Pennsylvania's changing demographics present to

the Commonwealth's education system.

(5) Upon receipt of the report from the subcommittee, the

commission shall seek public comment on the proposed long-term

vision for a period that is no less than three (3) months and

issue a final report with legislative recommendations to the

General Assembly within eighteen (18) months of the commission's

creation.

(6) Upon the issuance of the final report under paragraph

(5), the commission and the subcommittee shall terminate and the

utilization of the expertise of a nonprofit entity under

subsection (g) shall terminate.

(7) Upon the start of the first legislative session of each

decade, the commission and subcommittee shall be reconstituted

in accordance with this section and shall perform the

requirements of this section.

A05390 - 23 -

(k) 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:

"Commission." The Commission on Education and Economic

Competitiveness.

"Subcommittee." The Subcommittee on Education Planning.

Section 5. Section 732.1(a) of the act, amended June 30,

2021 (P.L.158, No.26), is amended to read:

Section 732.1. Limitation on New Applications for Department

of Education Approval of Public School Building Projects.--(a)

For the 2012-2013 fiscal year, 2013-2014 fiscal year, 2017-2018

fiscal year, 2018-2019 fiscal year, 2019-2020 fiscal year, 2020-

2021 fiscal year [and], 2021-2022 fiscal year and 2022-2023

fiscal year, the Department of Education shall not accept or

approve new school building construction or reconstruction

project applications.

* * *

Section 6. The act is amended by adding sections to read:

Section 1115. Locally Titled Positions.--In a school

district where an appointment under section 695-A has been made

at any time, an individual employed by a school district prior

to January 1, 2012, and serving in the position of mental health

specialist, behavioral specialist or similar locally titled

position may continue to serve in that position under the direct

supervision of a Certified School Social Worker as long as the

individual remains in the position with the same school

district.

Section 1204.3. Out-of-State Applicants for Career and

Technical Education Certification.--(a) The Department of

Education shall issue a comparable Career and Technical

A05390 - 24 -

Instructional I Certificate to an out-of-State candidate who

satisfies the following:

(1) The candidate holds a valid and current career and

technical instructional certificate or equivalent certificate

issued by another state.

(2) The candidate has completed a minimum of four (4) years

wage-earning experience in the occupation to be taught.

(3) The candidate has at least two (2) years of classroom

teaching experience and provides evidence of satisfactory

professional educator performance for the candidate's two (2)

most recent years of classroom teaching.

(4) The candidate meets all requirements in 22 Pa Code §

49.12 (relating to eligibility).

(b) A Career and Technical Instructional I Certificate

issued under subsection (a) shall be valid for eight (8) annual

school terms and shall be converted to a Career and Technical

Instructional II Certificate in accordance with 22 Pa. Code §

49.143 (relating to Vocational Instructional II).

Technical Instructional I Certificate and meets the requirements

of subsection (a) shall be issued a Career and Technical

Instructional I Certificate on an expedited basis in accordance

with this section.

Section 7. Section 1205.2 heading of the act is amended and

the section is amended by adding subsections to read:

Section 1205.2. Program of Continuing Professional and

Paraprofessional Education.--* * *

(n.4) Beginning on the effective date of this subsection and

notwithstanding any other provision of this section, each

professional educator's current continuing professional

A05390 - 25 -

education compliance period under subsection (a) shall be

extended by one year. This subsection shall expire one year from

the effective date of this subsection.

(n.5) 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 defined in 22 Pa. Code § 14.101 (relating to

definitions) 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,

2023. This subsection shall expire one year from the effective

date of this subsection.

* * *

Section 8. Section 1205.5 of the act is amended by adding a

subsection to read:

Section 1205.5. Continuing Professional Education for School

or System Leaders.--* * *

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

notwithstanding any other provision of this section, the

requirements of subsection (a) shall be suspended for one year.

This subsection shall expire one year from the effective date of

this subsection.

Section 9. The act is amended by adding a section to read:

Section 1205.8. Teacher support in the Structured Literacy

Program.--(a) (1) It is the intent of the General Assembly

that teachers be equipped to facilitate high-quality reading

instruction grounded in structured literacy and intervention

services to address student reading needs.

(2) The program provided in this section will assist

participating school entities in providing professional

A05390 - 26 -

development for teachers in foundational skills and

instructional interventions based on structured literacy and

providing opportunities for school personnel to serve as reading

coaches to support teachers in delivering high-quality reading

instruction.

(b) (1) Beginning with the 2022-2023 school year, the

department shall establish a program of professional development

and applied practice in structured literacy for school personnel

that includes in-class demonstration, modeling and coaching

support to improve reading and literacy outcomes.

(2) School personnel selected by the participating school

entity to serve as professional coaches for this program must

have at least five years of experience in teaching of reading

and be able to demonstrate their skills in the instruction of

and intervention with students, including those with dyslexia

and other language-related disabilities.

(3) The department may contract with multiple service

providers, including school entities and institutions of higher

education with demonstrated experience in structured literacy,

to develop and implement the program so that experienced support

is available locally.

(4) A service provider, including a school entity or

approved educator preparation program that demonstrates

successful implementation of literacy outcomes is eligible to

provide professional development and onsite demonstration and

coaching support in the program.

(5) A participating school entity shall adopt high-quality

instructional materials grounded in scientific-based reading

research in accordance with the State academic standards

approved by the State Board of Education.

A05390 - 27 -

school entity shall satisfy the continuing education

requirements of 22 Pa. Code § 49.17 (relating to continuing

professional education ), including training in structured

literacy for professional employes who hold instructional

certificates in early childhood, elementary-middle level,

Special Education-PK-12, English as a second language and

reading specialist. To ensure that school personnel have the

knowledge and skill to teach all students to read, including

students with dyslexia and other language-based learning

disabilities, training shall address, but shall not be limited

to:

(i) Evidence-based intervention practices on structured

literacy.

(ii) Explicit and systematic instruction in phonological and

phonemic awareness.

(iii) The alphabetic principle, decoding and encoding,

fluency and vocabulary.

(iv) Reading comprehension and building content knowledge.

(2) School employes required to undergo continuing

professional education under section 1205.2 or 1205.5 shall

receive credit toward the school employe's continuing

professional education requirements if the training program has

been approved by the department.

(d) The department shall create and provide guidelines to

describe the standard components for professional development

needed for structured literacy instruction, including required

content knowledge, and establish criteria by which reading and

literacy outcomes may be measured.

(e) The department shall develop reading literacy skills

A05390 - 28 -

standards for use by educator preparation programs that prepare

candidates to earn an instructional certificate in early

childhood, elementary-middle level, Special Education-PK-12,

English as a second language and reading specialist. The

standards shall include, at a minimum, instruction on the

following:

(1) Effectively teaching the reading literacy skills of

phonemic awareness, phonics, fluency, vocabulary and

comprehension.

(2) Differentiating instruction for teaching students with

advanced reading skills and students with dyslexia or other

language-based learning disabilities.

(3) Identifying and teaching students with dyslexia and

other language-based learning disabilities using appropriate

scientific research and brain-based multisensory intervention

methods and strategies.

(4) Implementing reading instruction using high-quality

instructional materials.

(5) Using developmentally appropriate supports to ensure

that students can effectively access reading instruction.

(6) Administering universal reading screeners to students.

(f) Beginning August 1, 2024, an approved educator

preparation program shall provide candidates seeking

certification in early childhood, elementary-middle level,

Special Education-PK-12, English as a second language and

reading specialist with training on reading instruction focused

primarily on the reading literacy skills standards developed

under subsection (e).

(g) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

A05390 - 29 -

the context clearly indicates otherwise:

"Approved educator preparation program." A sequence of

courses and experiences offered by a preparing institution or

alternative provider that is reviewed and approved by the

department.

"Chief school administrator." The superintendent of a school

district, executive director of an intermediate unit,

administrative director of an area career and technical school

or chief executive officer of a charter school, cyber charter

school or regional charter school.

"Department." The Department of Education of the

Commonwealth.

"Participating school entity." A school entity that elects

to take part in the Structured Literacy Program.

"School entity." A school district, intermediate unit, area

career and technical school, charter school, cyber charter

school or regional charter school.

"Structured literacy." Systemic, explicit instruction that:

(1) provides a strong core of foundational skills in the

language systems of English;

(2) integrates listening, speaking, reading, spelling and

writing; and

(3) emphasizes the structure of language across the speech

sound system, the writing system, the structure of sentences,

the meaningful parts of words, the relationship among words and

the organization of spoken and written discourse.

Section 10. Section 1206 of the act is repealed:

[Section 1206. Certificates Issued by Other States.--(a)

Candidates holding a valid instructional certificate issued by

another state may be eligible for comparable Pennsylvania

A05390 - 30 -

certification provided that the candidate meets the following

requirements:

(1) Holds a bachelor's degree from an accredited college or

university.

(2) Has at least two (2) years of successful classroom

experience.

(3) Demonstrates subject matter competency in the applicable

area of Pennsylvania certification.

(4) Satisfies the requirements of section 1209.

(b) The Secretary of Education shall adopt standards and

guidelines as necessary to implement this section.

the Secretary of Education from certifying out-of-State

applicants in accordance with regulations of the Department of

Education or the State Board of Education.]

Section 11. The act is amended by adding sections to read:

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

(a) The Department of Education shall issue a comparable

Pennsylvania certificate to an out-of-State candidate who

satisfies one of the following:

(1) Holds a valid and current instructional certificate

issued by another state and satisfies the following:

(i) Completion of a college or university educator

preparation program approved by the certifying state and

satisfaction of testing requirements demonstrating subject

matter competency in the applicable area of Pennsylvania

certification, including passage of related content tests

required by the certifying state and field experience.

(ii) Has taught on the out-of-State certificate and

presented to the department evidence of satisfactory

A05390 - 31 -

professional educator experience for the candidate's two most

recent years of classroom teaching.

(2) Holds a valid certificate issued by the National Board

for Professional Teaching Standards. A candidate with a

certificate shall be granted the highest-level Pennsylvania

certification available in the candidate's area of

certification.

(b) An out-of-State candidate who satisfies the requirements

of subsection (a) must also satisfy this Commonwealth's

requirements under sections 1202 and 1209.

certification in a subject identified by the department as a

shortage area and meets the requirements of subsections (a) and

(b) shall be issued the appropriate certificate on an expedited

basis in accordance with this section.

Section 1220. Prekindergarten through Grade Twelve Dance

Certificate.--(a) The department shall develop an instructional

certificate in Prekindergarten through Grade Twelve Dance in

accordance with professional personnel certificate procedures

for creation of a new certificate area.

(b) This section shall not apply to an individual who:

(1) has a current dance teaching certificate recognized or

issued by the department prior to the effective date of this

section;

(2) is in the process of obtaining a dance teaching

certificate from the department in accordance with procedures

established by the department prior to the effective date of

this section; or

(3) is teaching dance to students as part of an

extracurricular activity, including, but not limited to, a

A05390 - 32 -

musical or dance team.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

Section 12. The definition of "school year" in section 1326

of the act is amended to read:

Section 1326. Definitions.--When used in this article, the

following words and phrases shall have the following meanings:

* * *

"School year" shall have the same meaning as "school term" as

defined in section 102, as applicable to a school district, and

as further defined in section 1327(b) for a day school which is

operated by a bona fide church or other religious body, section

[1327.1(c)] 1327(c) for a day school or boarding school

accredited by an accrediting association which is approved by

the State Board of Education, section [1327.1(d)] 1327.1(c) for

a home education program, sections 1501 and 1504 for a public

school or a school district, section 1715-A(9) for a charter

school, section 1749-A(a)(1) for a cyber charter school and

section 1718-A(c) for a regional charter school.

* * *

Section 13. Section 1327.1 of the act is amended by adding

subsections to read:

Section 1327.1. Home Education Program.--* * *

(f.2) (1) Beginning with the 2023-2024 school year and each

school year thereafter, the school district of residence shall

develop policies and procedures to permit a child who is

enrolled in a home education program to participate, on the same

A05390 - 33 -

basis as other students enrolled in the school district, in any

cocurricular activity that merges extracurricular activities

with a required academic course, including, but not limited to,

band or orchestra, and must permit a child who is enrolled in a

home education program to participate in academic courses

equaling up to at least one quarter of the school day for full-

time students, pursuant to the policies and procedures of the

school district of residence, on the same basis as other

students enrolled in the school district, provided that the

child:

(i) meets the eligibility criteria or their equivalent for

participation in the cocurricular or academic course that apply

to students enrolled full time in the school district;

(ii) meets the prerequisite criteria or their equivalent for

participation in the cocurricular or academic course that apply

to students enrolled full time in the school district; and

(iii) complies with all policies, rules and regulations or

their equivalent of the school district of residence.

(2) For the purposes of this subsection, the school district

of residence shall provide the grade for each cocurricular or

academic course to the home education program supervisor, who

shall be responsible for maintaining the material in the

portfolio of records.

(3) The parent or legal guardian of the child shall be

responsible for transportation of the child to and from school

for the selected courses, except that a home education student

may utilize district transportation to or from school during the

times a bus is otherwise already operating and space is

available.

(4) A board of school directors may adopt a policy to

A05390 - 34 -

implement the requirements of this subsection. A policy under

this paragraph may require that the cocurricular or academic

courses taken under paragraph (1) be taken consecutively during

the school day if the school or a child's parent or legal

guardian is not able to provide adequate supervision for the

child between cocurricular and academic courses. The policy

shall only apply to participation in cocurricular or academic

courses and shall not conflict with any provisions of this

section.

(5) A home education student enrolled in a cocurricular or

academic course in the student's school district of residence

shall be included in the average daily membership of the school

district of residence and shall be calculated by counting the

time the home education student spends in the public school.

(f.3) (1) Beginning with the 2023-2024 school year and each

school year thereafter, the school district of residence shall

develop policies and procedures consistent with the enrollment

or seat allocation provisions of the written agreement among the

participating school districts which established the career and

technical education center, or in the case of a school district

operated career and technical education program, the school

district of residence shall develop policies and procedures

consistent with subsection (f.2), to permit a home education

student to participate in a career and technical education

program on the same basis as other students enrolled in the

school district, provided that the child:

(i) meets the eligibility criteria or their equivalent for

participation in the career and technical education program that

apply to students enrolled full time in the school district;

(ii) meets the prerequisite criteria or their equivalent for

A05390 - 35 -

participation in the career and technical education program that

apply to students enrolled full time in the school district; and

(iii) complies with all policies, rules and regulations or

their equivalent of the school district of residence and the

career and technical education center.

(2) For the purposes of this subsection, the school district

of residence operated career and technical education program or

the career and technical education center shall provide the

grades to the home education program supervisor, who shall be

responsible for maintaining the material in the portfolio of

records.

(3) The home education students may utilize district

transportation to or from the career and technical education

program during the times buses are otherwise already operating

and space is available .

(4) A board of school directors may adopt a policy to

implement the requirements of this subsection. Such policy shall

only apply to participation in career and technical education

programs and shall not conflict with any provisions of this

section.

(5) A home education student enrolled in the career and

technical education program shall be included in the average

daily membership of the school district of residence and career

and technical center, if applicable, and shall be calculated by

counting the time the home education student spends in the

career and technical education program.

(f.4) Nothing in subsections (f.2) and (f.3) shall prohibit

a school district or a career and technical center from

establishing policies that prioritize participation in courses

or programs with limited seating or enrollment.

A05390 - 36 -

* * *

Section 14. Section 1331.1(c) of the act is amended by

adding a paragraph to read:

Section 1331.1. Assisting Students Experiencing Education

Instability.--* * *

experiencing education instability graduates in a timely manner.

The following shall apply:

* * *

(5.1) A student who attended school in the 2021-2022 school

year may immediately request a diploma from the school they

attended in the 2021-2022 school year or a prior school, or

request a Keystone Diploma from the department retroactive to

the 2021-2022 school year.

* * *

Section 15. Sections 1337(d)(2)(ii), (3)(ii) and (5)(iii)

and 1372(8) of the act are amended to read:

Section 1337. Nonprofit School Food Program.--* * *

(d) Boards of School Directors.

* * *

(2) * * *

(ii) If a student is not eligible for participation in the

school food program and owes greater than [fifty dollars ($50)]

seventy-five dollars ($75) in a school year for school meals, a

school may provide the student with alternative meals instead of

school food program meals until the student's unpaid balance for

school meals is paid or a payment plan has been established with

the school to reduce the unpaid balance.

(3) Each board of school directors shall require schools

under its jurisdiction to comply with the following when a

A05390 - 37 -

student owes money for five or more school meals:

* * *

(ii) The school [may] shall offer assistance with applying

for participation in the school food program.

* * *

(5) Each board of school directors shall prohibit schools

under its jurisdiction from implementing the following:

* * *

(iii) Requiring a student or school staff to discard a

school meal after it was served to the student due to the

student's inability to pay for the school meal or the amount of

money owed by the student for earlier school meals.

* * *

Section 1372. Exceptional Children; Education and

Training.--* * *

(8) Reporting of Expenditures Relating to Exceptional

Students.

(i) By December 31, 2000, and each year thereafter, each

school district shall compile information listing the number of

students with disabilities for which expenditures are between

twenty-five thousand dollars ($25,000) and fifty thousand

dollars ($50,000), which shall be known as Category 2; between

fifty thousand dollars ($50,000) and seventy-five thousand

dollars ($75,000), which shall be known as Category 3A; and over

seventy-five thousand dollars ($75,000), which shall be known as

Category 3B, for the prior school year. The information shall be

submitted to the department in a form prescribed by the

department. By February 1, 2001, and each year thereafter, the

department shall submit to the chairman and minority chairman of

the Education and Appropriations Committees of the Senate and

A05390 - 38 -

the chairman and minority chairman of the Education and

Appropriations Committees of the House of Representatives a

report listing this information by school district. Beginning

with the report due February 1, 2023, the department shall

include the information reported in subparagraph (iv) along with

the report made in this subparagraph and shall post the report

on the department's publicly accessible Internet website in a

sortable electronic format.

(ii) By December 31, 2016, and each year thereafter, each

school district shall compile information listing the number of

students with disabilities for which expenditures are under

twenty-five thousand dollars ($25,000), which shall be known as

Category 1. The information shall be submitted to the department

in a form prescribed by the department.

(iii) Beginning with the 2016-2017 school year through the

2021-2022 school year, the department shall annually adjust the

dollar ranges for which the information is collected under this

section by the percent change in the Consumer Price Index for

All Urban Consumers for the Pennsylvania, New Jersey, Delaware

and Maryland area reported by the Bureau of Labor Statistics for

the twelve (12) month period ending in December of the school

year for which the data is being collected.

(iv) By December 31, 2022, and each year thereafter, each

school district shall, in addition to the information under

subparagraph (i), compile information listing the number of

students with disabilities for which expenditures are under five

thousand dollars ($5,000), which shall be known as Category 1A;

and between five thousand dollars ($5,000) and less than the

amount in Category 2, which shall be known as Category 1B, for

the prior school year. The information shall be submitted to the

A05390 - 39 -

department along with the information in, and as prescribed by,

subparagraph (i).

(v) Beginning with the 2022-2023 school year, the department

shall annually adjust the dollar ranges for which the

information is collected under this section by the percentage

change in the total special education expenditures submitted by

school districts in the annual financial reports divided by the

total weighted student headcount determined under section 2509.5

for the most recent year where data is available as determined

by the department.

Section 16. Section 1383 of the act is amended by adding

subsections to read:

Section 1383. Extended Special Education Enrollment Due to

COVID-19.--* * *

(b.1) A student with a disability as defined in 22 Pa. Code

§ 14.101 who has reached twenty-one (21) years of age during the

2021-2022 school year or between the end of the 2021-2022 school

year and the beginning of the 2022-2023 school year and is

enrolled for the 2021-2022 school year is entitled to attend a

school entity for the 2022-2023 school year and the school

entity shall enroll the student if a parent or guardian and the

student elect to enroll no later than August 1, 2022. The

Department of Education shall develop a standard election form

for a parent or guardian to elect to enroll the student and the

form shall be made available on the department's publicly

accessible Internet website.

* * *

(c.1) Notwithstanding any other provision of law to the

contrary, the following shall apply to a student enrolled in a

school entity under subsection (b.1):

A05390 - 40 -

(1) The school entity shall implement the student's most

recent IEP.

(2) The student's attendance shall be included in the school

entity's average daily membership.

(3) The school entity shall provide extended school year

services during the summer after the 2021-2022 school year in

accordance with the student's most recent IEP.

(4) The school entity shall take all steps necessary to

comply with the Individuals with Disabilities Education Act

(Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa. Code

Ch. 14 (relating to special education services and programs).

(5) A student older than twenty-one (21) years of age with

an active IEP who is enrolled in a school entity during the

2022-2023 school year shall not become ineligible for continued

service under the Individuals with Disabilities Education Act

during the entire 2022-2023 school year.

* * *

Section 16.1. Section 1302-B(e) of the act is amended to

read:

Section 1302-B. School Safety and Security Committee.

* * *

(e) Term.--[Members of the committee shall serve a four-year

term.] Members appointed under subsection (b)(5), (6), (7), (8)

and (12) shall serve for a four-year term and may be appointed

for no more than one additional consecutive term. The terms of

those members who serve by virtue of the public office they hold

shall be concurrent with their service in the office from which

they derive their membership.

* * *

Section 17. The act is amended by adding a section to read:

A05390 - 41 -

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

(a) Development.--No later than August 1, 2022, the

committee shall develop and distribute to school entities,

eligible for funding under section 1315-B, a survey instrument

to measure mental health services in school entities throughout

this Commonwealth. The survey shall include, but not be limited

to:

(1) Whether the school entity offers mental health

education in the classroom and, if offered, how many

employees provide the programming.

(2) Whether the school entity has adopted mental or

behavioral health curriculum as part of its health education

or other subject areas and, if offered, how many employees

provide the programming and who provides the programming.

(3) The manner in which the school entity offers mental

health programming under paragraphs (1) and (2).

(4) Whether any of the tiered supports from the

committee's behavioral health and school climate baseline

criteria have been met by the school entity.

(5) Resources or support needed to improve

the programming under paragraphs (1) and (2) and to meet or

increase tiered supports for the committee's behavioral

health and school climate baseline criteria.

(b) Completion.--No later than August 31, 2022, a school

entity shall complete the survey instrument under subsection

(a).

(1) School specific data collected through the survey

instrument by the committee and the findings of the committee

shall remain confidential and shall be exempt from access

A05390 - 42 -

under the act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(2) The Committee may release aggregate data at its

discretion.

(d) Survey administration.--The committee shall administer

the survey instrument established in subsection (a) as part of

the grant application for grants issued under section 1315-B and

part of the survey issued under section 1305-B, and may make

revisions to the survey instrument as needed.

Section 18. Section 1306-B(j) of the act is amended and

subsection (h) is amended by adding a paragraph to read:

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

* * *

(h) School Safety and Security Fund.--

* * *

(9) Notwithstanding any other provision of law, during

the 2022-2023 fiscal year, money in the fund shall be used as

follows:

(i) Ninety-five percent of the amount appropriated

to the Department of Education for Transfer to the School

Safety and Security Fund for grants under section 1314-B.

(ii) Ninety-five percent of the amount appropriated

to the Department of Education for the Ready-to-Learn

Block Grant and transferred to the School Safety and

Security Fund for grants under section 1315-B.

(iii) Five percent of the amount appropriated to the

Department of Education for Transfer to the School Safety

and Security Fund for training under section 1316-B.

(iv) Five percent of the amount appropriated to the

Department of Education for the Ready-to-Learn Block

A05390 - 43 -

Grant and transferred to the School Safety and Security

Fund for the program under section 1318-B.

* * *

(j) Specific purposes.--The committee shall provide grants

to school entities for programs that address school mental

health and safety and security, including:

(1) Safety and security assessments that meet the

committee's criteria.

(2) Conflict resolution or dispute management, including

restorative justice strategies.

(3) School-wide positive behavior support that includes

primary or universal, secondary and tertiary supports and

interventions in school entities.

(4) School-based diversion programs.

(5) Peer helper programs.

(6) Risk assessment, safety-related, violence prevention

curricula, including dating violence curricula [and],

restorative justice strategies, mental health early

intervention, self-care and suicide awareness and prevention

curricula.

(7) Classroom management.

(8) Student codes of conduct.

(9) Training to undertake a districtwide assessment of

risk factors that increase the likelihood of problem

behaviors among students.

(10) Development and implementation of research-based

violence prevention programs that address risk factors to

reduce incidents of problem behaviors among students,

including, but not limited to, [bullying.] mental health

early intervention, self-care, bullying and suicide awareness

A05390 - 44 -

and prevention.

(11) Thorough, districtwide school safety, violence

prevention, emergency preparedness and all-hazards plans,

including revisions or updates to such plans and conducting

emergency preparedness drills and related activities with

local emergency responders.

(12) Security planning and purchase of security-related

technology, which may include metal detectors, protective

lighting, specialty trained canines, surveillance equipment,

special emergency communications equipment, automated

external defibrillators, electronic locksets, deadbolts,

trauma kits and theft control devices and training in the use

of security-related technology. Security planning and

purchase of security-related technology shall be based on

safety needs identified by the school entity's board of

school directors.

(13) Institution of student, staff and visitor

identification systems, including criminal background check

software.

(14) Provision of specialized staff and student training

programs, including training for Student Assistance Program

team members in the referral of students at risk of violent

behavior to appropriate community-based services and

behavioral health services and training related to prevention

and early intervention.

(15) Counseling services for students[.], including

costs associated with the training and compensation of mental

health staff or expanding contracts with mental health

providers that provide support to students in a school

setting.

A05390 - 45 -

(16) A system for the management of student discipline,

including misconduct and criminal offenses.

(17) Staff training programs in the use of positive

behavior supports, de-escalation techniques [and],

appropriate responses to student behavior that may require

immediate intervention and trauma-informed treatment for

mental health providers in schools.

(18) Costs associated with the training and compensation

of school resource officers and school police officers.

(19) Costs associated with the training and compensation

of certified [guidance] school counselors, licensed

professional counselors, licensed social workers, licensed

clinical social workers and school psychologists.

(20) Administration of evidence-based screenings for

adverse childhood experiences that are proven to be

determinants of physical, social and behavioral health and

provide trauma-informed counseling services as necessary to

students based upon the screening results.

(21) Trauma-informed approaches to education, including:

(i) Increasing student and school employee access to

quality trauma support services and behavioral health

care, including the following:

(A) Hiring or contracting with certified

[guidance] school counselors, licensed professional

counselors, licensed social workers, licensed

clinical social workers, school psychologists and

other professional health personnel to provide

services to students and school employees.

(B) Developing collaborative efforts between the

school entity and behavioral health professionals to

A05390 - 46 -

identify students in need of trauma support and to

provide prevention, screening, referral and treatment

services to students potentially in need of services.

organizations for peer or family support.

(D) Training on youth-focused mental health

first aid for school employees to help recognize

signs of mental health distress in students.

(E) Providing activities to improve mental

health in a school entity and after school

programming.

(ii) Programs providing:

(A) Trauma-informed approaches to education in

the curriculum, including training of school

employees, school directors and behavioral health

professionals to develop safe, stable and nurturing

learning environments that prevent and mitigate the

effects of trauma.

(B) Services for children and their families, as

appropriate, who have experienced or are at risk of

experiencing trauma, including those who are low-

income, homeless, involved in the child welfare

system or involved in the juvenile justice system.

(22) Programs designed to reduce community violence,

including:

(i) Increasing access to quality trauma-informed

support services and behavioral health care by linking

the community with local trauma support and behavioral

health systems.

(ii) Providing health services and intervention

A05390 - 47 -

strategies by coordinating the services provided by

eligible applicants and coordinated care organizations,

public health entities, nonprofit youth service providers

and community-based organizations.

(iii) Providing mentoring and other intervention

models to children and their families who have

experienced trauma or are at risk of experiencing trauma,

including those who are low-income, homeless, in foster

care, involved in the criminal justice system,

unemployed, experiencing a mental illness or substance

abuse disorder or not enrolled in or at risk of dropping

out of an educational institution.

(iv) Fostering and promoting communication between

the school entity, community and law enforcement.

(v) Any other program or model designed to reduce

community violence and approved by the committee.

(23) The implementation of Article XIII-E.

(24) Expanding telemedicine delivery of school-based

mental health services, including equipment.

(25) Providing technical assistance for a school entity

related to billing insurance providers in order to better

provide mental health services in a school setting.

(26) Creating or expanding Statewide programs and

intervention frameworks, such as school assistance programs,

positive behavioral intervention and supports and multitiered

systems of support.

(27) Training and related materials for school employees

or students that are evidence-based and focus on identifying

the signs and signals of anxiety, depression, suicide or

self-harm in students and best practices for seeking

A05390 - 48 -

appropriate mental health assistance.

(28) Providing, increasing or enhancing partnerships

between a school entity and a community-based nonprofit

organization, a Statewide youth-serving nonprofit or a

library for out-of-school programming for at-risk school-age

students.

(29) Coordinating and integrating local and county

mental health services and programs for school employees or

students.

(30) Providing online programs, educational materials

and applications to provide supplemental mental health

services to students that may include peer support, self-

guided evidenced based therapeutic tools and clinical

interactions.

* * *

Section 19. Section 1309-B of the act is amended by adding

subsections to read:

Section 1309-B. School safety and security coordinator.

* * *

(a.1) Deadline for appointment and vacancies.--

(1) Within 30 days of the effective date of this

subsection, the chief school administrator of a school entity

shall ensure the school entity has appointed a school

administrator as the school safety and security coordinator

for the school entity.

(2) Whenever a vacancy in a school entity's school

safety and security coordinator occurs, the chief school

administrator of a school entity shall, within 30 days of the

vacancy, appoint a new school safety and security coordinator

in accordance with this section.

A05390 - 49 -

(a.2) Submission.--A school entity shall submit to the

committee the name and contact information for a chief school

administrator appointed as a school safety and security

coordinator within 30 days of the appointment.

* * *

(d) Training required.--

(1) School administrators appointed as school safety and

security coordinators shall complete the training required

under section 1316-B within one year from the time the first

trainings that meet the criteria are posted by the committee.

(2) School administrators appointed as safety and

security coordinators after trainings are posted shall

complete the training within one year of appointment.

Section 20. Section 1310-B of the act is amended to read:

Section 1310-B. School safety and security training.

(a) School entity duties.--School entities shall provide

their employees with mandatory training on school safety and

security subject to the following based on the needs of the

school entity:

(1) Training shall address any combination of one or

more of the following, based on the needs of the school

entity:

(i) Situational awareness.

(ii) Trauma-informed approaches.

(iii) Behavioral health awareness.

(iv) Suicide and bullying awareness.

(v) Substance use awareness.

[(vi) Emergency training drills, including fire,

natural disaster, active shooter, hostage situation and

bomb threat.

A05390 - 50 -

(vii) Identification or recognition of student

behavior that may indicate a threat to the safety of the

student, other students, school employees, school

facilities, the community or others.]

(1.1) Annually, training shall address the following:

(i) Emergency training drills, including fire,

natural disaster, active shooter, hostage situation and

bomb threat.

(ii) Identification or recognition of student

behavior that may indicate a threat to the safety of the

student, other students, school employees, other

individuals, school facilities or the community.

(2) [Training] Except for training under paragraph (1.1)

(i), training may be provided through the Internet or other

distance communication systems. Training under paragraph

(1.1)(i) shall be conducted in person.

(3) Employees shall complete a minimum of [three] two

hours of training under paragraph (1) every [five years]

year. Employees shall complete a minimum of one hour of

training under paragraph (1.1) every year.

(4) Employees required to undergo continuing

professional education under section 1205.2 shall receive

credit toward their continuing professional education

requirements [if the training program has been approved by

the department in consultation with the committee].

(5) Training shall comply with the minimum standards

adopted by the committee under subsection (b).

(b) Committee duties.--No later than September 30, 2022, the

committee shall develop and adopt minimum standards for training

of school employees for each of the training topics under

A05390 - 51 -

subsection (a)(1) and (1.1). The committee shall make the

standards adopted available to school entities and provide

geographically disbursed training to school employees at no cost

that meets the standards adopted by the committee. The committee

may approve groups, organizations or other entities to provide

the training.

shall review the standards adopted under subsection (b) and, if

necessary, revise or update the standards. Whenever a revision

or update to the standards is made under this subsection, the

committee shall make the updated standards available to school

entities.

Section 21. The act is amended by adding sections to read:

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

school year.

(a) Funding.--For the 2022-2023 school year, the amount of

money under section 1306-B(h)(9)(i) shall be used by the

committee to award school safety and security grants to school

entities.

(b) Purposes of grants.--

(1) A school entity shall be eligible for school safety

and security grants to meet the tier 1 baseline criteria for

physical security established by the committee.

(2) A school entity that has met the tier 1 baseline

criteria shall be eligible for school safety and security

grants for the purposes outlined in section 1306-B(j)(1),

(2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14),

(16), (18), (22) and (23).

safety and security grants to each school entity that submits an

A05390 - 52 -

application, in the following amounts:

(1) A school district shall receive $100,000 plus an

amount determined in paragraph (3).

(2) An intermediate unit, area career and technical

school, charter school, regional charter school and cyber

charter school shall receive $70,000.

(3) An amount determined as follows:

(i) Multiply the 2020-2021 adjusted average daily

membership for each school district by the difference

between the amount allocated in subsection (a) and the

sum of the amounts distributed under paragraphs (1) and

(2).

(ii) Divide the product from subparagraph (i) by the

2020-2021 adjusted average daily membership for all

school districts.

(d) Availability of applications.--The committee shall make

the application available to school entities no later than

August 1, 2022. The application requirements shall be limited to

the school entity's contact information, the specific purpose of

the grant based on the categories specified in subsection (b)

with boxes on the application for the applicant to indicate the

school entity's anticipated use and certification by the

applicant that the funds will be used for the stated purpose.

(e) Deadlines for applications.--A school entity must submit

an application for grant funds no later than August 31, 2022.

(f) Effect of revenue received.--Grant money received under

this section may not be included when calculating the amount to

be paid under section 1725-A.

(g) Audit and monitoring.--The committee shall randomly

audit and monitor grant recipients to ensure the appropriate use

A05390 - 53 -

of grant funds and compliance with provisions of the grant

program.

(h) Definitions.--As used in this section, the term "school

entity" means a school district, area career and technical

school, intermediate unit, charter school, regional charter

school and cyber charter school.

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

school year.

(a) Funding.--For the 2022-2023 school year, the amount of

money under section 1306-B(h)(9)(ii) shall be used by the

committee to award school mental health grants to school

entities.

(b) Purpose of grants.--

(1) A school entity shall be eligible for school mental

health grants to meet the tier 1 baseline criteria for

behavioral health and school climate criteria established by

the committee.

(2) A school entity that has met the tier 1 baseline

criteria shall be eligible for school mental health grants

for the purposes outlined in section 1306-B(j)(6), (10),

(15), (17), (19), (20), (21), (23), (24), (25), (26), (27),

(28), (29) and (30).

mental health grants to a school entity that submits an

application, in the following amounts:

(1) A school district shall receive $100,000 plus an

amount determined in paragraph (3).

(2) An intermediate unit, area career and technical

school, charter school, regional charter school and cyber

charter school shall receive $70,000.

A05390 - 54 -

(3) An amount determined as follows:

(i) Multiply the 2020-2021 adjusted average daily

membership for each school district by the difference

between the amount allocated in subsection (a) and the

sum of the amounts distributed under paragraphs (1) and

(2).

(ii) Divide the product from subparagraph (i) by the

2020-2021 adjusted average daily membership for all

school districts.

(d) Availability of applications.--The committee shall make

the application available to school entities no later than

August 1, 2022. The application requirements shall be limited to

the school entity's contact information, the specific purpose of

the grant based upon the categories specified in subsection (b)

with boxes on the application for the applicant to indicate the

school entity's anticipated use and certification by the

applicant that the funds will be used for the stated purpose.

(e) Deadlines for applications.--A school entity must submit

an application for grant funds no later than August 31, 2022.

(f) Effect of revenue received.--Grant money received under

this section may not be included when calculating the amount to

be paid under section 1725-A.

(g) Audit and monitoring.--The committee shall randomly

audit and monitor grant recipients to ensure the appropriate use

of grant funds and compliance with provisions of the grant

program.

(h) Definitions.--As used in this section, the term "school

entity" means a school district, area career and technical

school, intermediate unit, charter school, regional charter

school and cyber charter school.

A05390 - 55 -

Section 1316-B. School safety and security coordinator

training.

(a) Establishment.--No later than September 30, 2022, the

committee shall develop required training criteria for a school

safety and security coordinator. At a minimum, the training

shall include:

(1) Physical assessments and physical security.

(2) Emergency preparedness.

(3) Leadership.

(4) Coordination and communication with law enforcement

and emergency personnel.

(5) Appropriate staffing.

(6) Situational awareness.

(7) Trauma-informed approaches.

(8) Behavioral health awareness.

(9) Suicide and bullying awareness.

(10) Substance use disorder awareness.

(11) Emergency procedures and training drills, including

fire, natural disaster, active shooter, hostage situation and

bomb threats.

(b) Required training.--The committee shall adopt the

required training hours for the training developed under

subsection (a). The committee may not require more than seven

hours of training for the school safety and security coordinator

annually. The training shall be in addition to other training

requirements for school administrators.

criteria developed under this section available to school

administrators and groups, organizations or providers. A group,

organization or provider that provides the training to school

A05390 - 56 -

safety and security coordinators shall, at a minimum, meet the

standards adopted by the committee.

(d) Review.--The committee shall review and update, if

necessary, the training criteria established under subsection

(a) not less than every three years. If the committee updates

the training criteria, the committee shall provide the criteria

to school administrators and groups, organizations or providers.

(e) Funding.--The amount of money under section 1306-B(h)(9)

(iii) shall be used by the committee to provide training as

required under this section. No less than four percent of the

money available for use by the committee under this section

shall be used to support the program in section 1303-D.

Section 1317-B. School safety and security training in

educator, administrator and supervisory preparatory

programs.

The standards developed by the department as required by 22

Pa. Code § 49.14 (relating to approval of institutions and

alternative program providers) for an approved educator

preparation program or approved alternative program, or for an

approved program of graduate study or an approved alternative

program for the preparation of supervisors or chief school

administrators, shall include a minimum of three semester hours

or their equivalent of instruction which incorporates the

subjects of training listed under section 1310-B(1)(i) through

(v) and as approved by the committee for candidates who begin a

Pennsylvania preparation program or alternate program after July

1, 2025.

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

Program.

(a) Establishment of program.--The School-based Mental

A05390 - 57 -

Health Internship Grant Program is established within the

agency.

(b) Agency duties.--

(1) The agency shall administer the program and, in its

sole discretion, award grants to individuals who submit a

completed application and satisfy the eligibility criteria in

paragraph (3). The agency shall develop an application form

that individuals may use to apply for a grant under the

program.

(2) The agency shall use money appropriated for the

purpose of the program and may accept funding from public and

private sources, including the Federal Government, for the

payment of grants to support individuals working in

internships in educational specialist preparation programs.

(3) The agency shall establish eligibility criteria in

order for an individual to receive a grant under the program.

The criteria shall, at a minimum, include that an individual:

(i) be a Commonwealth resident as defined by the

agency;

(ii) be enrolled in an educational specialist

preparation program as defined by this article;

(iii) be accepted in an internship at a Pennsylvania

school entity located in this Commonwealth; and

(iv) enter into a contract with the agency to work

in a school entity located in this Commonwealth as a

school nurse, school psychologist, school counselor or

school social worker for a minimum of three years

following completion of their respective educational

specialist preparation program.

(4) The agency shall determine the amount of the grants

A05390 - 58 -

to be awarded under the program.

(5) The agency shall establish an advisory committee to

assist in the implementation of the program and make

recommendations to the agency regarding the funding for

internship grants that reflect barriers to becoming a school-

based mental health professional and the best practices of

internships in other states. The advisory committee shall

include representatives of educational specialist preparation

programs and one representative of each of the following:

(i) The Association of School Psychologists of

Pennsylvania.

(ii) The Pennsylvania Association of School Social

Work Personnel.

(iii) The Pennsylvania School Counselors

Association.

(iv) The Pennsylvania State Education Association.

(v) The Pennsylvania School Boards Association.

(vi) The Pennsylvania Association of School Business

Officials.

(vii) The Pennsylvania Association of School

Administrators.

(viii) The department.

(ix) The Department of Health.

(x) The American Federation of Teachers.

(xi) Additional committee members from organizations

shall be added by the agency as necessary.

to create a right of an individual to receive a grant under the

program.

(d) Report.--The agency shall prepare and submit to the

A05390 - 59 -

Governor, the Secretary of Education and the General Assembly no

later than September 30, 2023, and each year thereafter to the

extent that funds are available, a report detailing the

operation of the program. The report shall, at a minimum,

include:

(1) The number of grant applicants.

(2) The number of grants provided.

(3) The average value of a grant.

(4) The number of grants provided to individuals seeking

to become school nurses.

(5) The number of grants provided to individuals seeking

to become school psychologists.

(6) The number of grants provided to individuals seeking

to become school counselors.

(7) The number of grants provided to individuals seeking

to become school social workers.

(8) A list of school entities where grantees serve

internships.

(9) A list of school entities where grantees are

employed.

(e) Funding.--The committee shall transfer the amount of

money under section 1306-B(h)(9)(iv) to the agency to implement

this section.

(f) Administrative fee.--The agency may take a reasonable

administrative fee for direct costs associated for

implementation, administration, and servicing of this section.

The fee shall be taken from the funding received under

subsection (e).

(g) Definitions.-- The following words and phrases when used

in this section shall have the meanings given to them in this

A05390 - 60 -

subsection unless the context clearly indicates otherwise:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"Department." The Department of Education of the

Commonwealth.

"Educational specialist preparation program." An educator

preparation program approved by the Department of Education that

leads to educator certification in school nursing, school

psychology, school counseling or school social work.

"Internship." Field education experience that:

(1) is part of a program for the preparation of school-

based mental health professionals in which an individual is

enrolled in an educational specialist preparation program;

(2) is supervised by the faculty of an educational

specialist preparation program in coordination with a school-

based mental health professional employed by a school entity;

(3) builds on classroom learning experiences using best

practices; and

(4) is established through an agreement between the

school entity and the educational specialist preparation

program.

"Program." The School-based Mental Health Internship Grant

Program established by this section.

"School-based mental health professional." An individual who

is certified under Article XI and satisfies the department's

requirements for public school employment. The term includes a

school nurse, school counselor, school social worker or school

psychologist.

"School entity." A school district, intermediate unit, area

career and technical school, charter school, regional charter

A05390 - 61 -

school or cyber charter school.

Section 22. Section 1302-E(a) of the act is amended to read:

Section 1302-E. Threat assessment teams.

(a) Duties of school entities and chief school

administrators.--[The following shall apply:]

(1) [Each] A school entity shall establish at least one

team as provided under subsection (b) for the assessment of

and intervention with students whose behavior may indicate a

threat to the safety of the student, other students, school

employees, school facilities, the community or others.

(2) [Each] The chief school administrator or a designee,

after consultation with the school entity's safety and

security coordinator, shall:

(i) Appoint the members of the team and designate a

member to serve as team leader.

(ii) Ensure and establish procedures for the

implementation of this section.

(iii) [Facilitate] Annually facilitate opportunities

for members of the team to complete group or individual

training consistent with nationally recognized best

practices during paid working hours or as in-service

training.

(iv) [Ensure] Annually ensure that students, school

employees and parents and guardians are informed of the

existence and purpose of the team. The information under

this subparagraph shall be posted on the school entity's

publicly accessible Internet website.

(v) Annually develop and present to the school

entity's board of directors at an executive session a

report generally outlining the school entity's approach

A05390 - 62 -

to threat assessment. The report shall also be submitted

to the school entity's school safety and security

coordinator for inclusion in the required report under

section 1309-B(c)(5) to the committee, which shall

include:

(A) A verification that the school entity is in

compliance with this article.

(B) The number and composition of established

teams.

school entity.

(D) [Any additional] Additional information

determined by the chief school administrator or

designee.

(vi) Annually present to the school entity's board

of directors at an executive session the following:

(A) A summary of interactions with outside law

enforcement, juvenile probation and behavioral

service providers.

(B) An assessment of the operation of the school

entity's teams.

school entity's threat assessment processes.

(D) Any additional information determined by the

chief school administrator or designee.

* * *

Section 23. Section 1402 of the act is amended by adding

subsections to read:

Section 1402. Health Services.--* * *

(a.2) In a school district that provided school nurse

A05390 - 63 -

services to a nonpublic school during the 2018-2019 school year

and received State funding in accordance with section 2505.1,

the school district shall continue to provide nurse services to

every child of school age enrolled in the nonpublic school and

receive State funding for school nurse services in accordance

with section 2505.1.

* * *

(g) 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:

"Nonpublic school" means a 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 meet the

requirements of Title VI of the Civil Rights Act of 1964 (Public

Law 88-352, 42 U.S.C. § 2000 et seq.).

Section 24. Article XIV-A heading of the act is amended to

read:

ARTICLE XIV-A

DRUG AND ALCOHOL RECOVERY

HIGH SCHOOL [PILOT] PROGRAM

Section 25. The definition of "program" in section 1401-A of

the act is amended to read:

Section 1401-A. 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:

* * *

"Program." The Drug and Alcohol Recovery High School [Pilot]

Program established under section 1402-A.

A05390 - 64 -

* * *

Section 26. Sections 1402-A heading and (a) and 1403-A(c)(2)

and (d) of the act are amended to read:

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

School [Pilot] Program.

(a) [Pilot program established] Establishment.--The Drug and

Alcohol Recovery High School [Pilot] Program is established to

provide a program of instruction in grades 9 through 12 meeting

State academic standards for students who are in recovery from

drug or alcohol abuse or addiction.

* * *

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

* * *

recovery high school under the program if the following apply:

* * *

(2) [The student has at least 30 days of sobriety at the

time of application for enrollment.] The student commits to

sobriety from drug or alcohol abuse or addiction and

participates in a drug and alcohol recovery program at the

time of the application.

* * *

(d) Approval or disapproval by resident school district.--

Within [30] 15 days after a student's parent or guardian submits

a written request to the resident school district seeking the

student's enrollment in the recovery high school under the

program, the resident school district shall issue written notice

to the parent or guardian approving or disapproving the request.

* * *

Section 27. Section 1406-A of the act is repealed:

A05390 - 65 -

[Section 1406-A. Term of Drug and Alcohol Recovery High School

Pilot Program.

(a) Enrollment of new students.--Unless the program is

permanently established by action of the General Assembly, the

recovery high school shall not enroll new students under the

program after June 30, 2022.

(b) Continued enrollment.--If the program is not permanently

established by action of the General Assembly on or before June

30, 2022, a student enrolled in the recovery high school under

the program as of June 30, 2022, may remain enrolled in the

recovery high school under the program until the earlier of the

following:

(1) The student's graduation from the recovery high

school.

(2) The student's withdrawal from the recovery high

school.

(3) The student's completion of four years of enrollment

in the recovery high school under the program.]

Section 28. Sections 1407-A(b) and 1525 of the act is

amended to read:

Section 1407-A. Reporting.

* * *

(b) Report by Department of Education and Department of Drug

and Alcohol Programs.--By December 31, 2021, and each year

thereafter, the Department of Education and the Department of

Drug and Alcohol Programs, jointly, shall submit to the

chairperson and minority chairperson of the Education Committee

of the Senate, the chairperson and minority chairperson of the

Education Committee of the House of Representatives, the

chairperson and minority chairperson of the Public Health and

A05390 - 66 -

Welfare Committee of the Senate and the chairperson and minority

chairperson of the Health Committee of the House of

Representatives a written report assessing the success of the

program and [making recommendations regarding the possible

extension and expansion of the program, including a proposed

timeline for any potential expansion.] all expenditures relating

to the program.

Section 1525. Agreements with Institutions of Higher

Education.--(a) Notwithstanding any other provision of law to

the contrary, a school [district may] entity shall enter into an

agreement with [one or more institutions] an institution of

higher education approved to operate in this Commonwealth in

order to allow [resident] students to attend [such institutions]

the institution of higher education while the [resident]

students are enrolled in the school [district. The] entity. A

school entity may enter into additional agreements with other

institutions of higher education approved to operate in this

Commonwealth in order to allow students to attend the

institutions of higher education while the students are enrolled

in the school entity.

(b) Any agreement [may] between a school entity and an

institution of higher education shall be structured so that:

(1) [high] secondary school students [may] receive credits

[toward completion of courses at the school district and at

institutions] at or through an institution of higher education

approved to operate in this Commonwealth. The credits earned by

a secondary school student under this section shall be the same

credits offered to a postsecondary school student enrolled at

the institution of higher education;

(2) secondary school students may also receive credits

A05390 - 67 -

toward the completion of courses required for graduation at the

school entity;

(3) courses may be offered in-person, online or a

combination of in-person and online;

(4) a school entity may pay for tuition, fees, supplies or

other costs related to a secondary school student from their

school entity enrolling in courses at an institution of higher

education; and

(5) if a charter school, regional charter school or cyber

charter school does not pay the cost of tuition, fees, supplies

and related materials for a secondary school student to enroll

in an approved course at an institution of higher education

under this section, the secondary school student's school

district of residence may reduce the tuition paid to the charter

school, regional charter school or cyber charter school for the

secondary school student under section 1725-A by the costs

incurred by the secondary school student as verified and

approved by the charter school, regional charter school or cyber

charter school.

student receives credits under an agreement entered into under

this section shall be aligned to the graduation requirements of

the secondary school student's school entity, the requirements

of a career and technical education program offered by the

secondary school student's school or a career pathway offered by

the secondary school student's school.

(d) A school entity that enters into an agreement under this

section shall weight credits for a secondary school student in a

manner similar to Advanced Placement Program, International

Baccalaureate Diploma Program or Cambridge advanced courses in

A05390 - 68 -

the school entity's grading system, including both academic and

technical courses.

(e) No later than July 31, 2023, and each school year

thereafter, a school entity shall provide to the Department of

Education the number and form of agreements the school entity

has entered into under this section and the number of secondary

school students participating in the agreements, including total

credits earned. The Department of Education shall compile the

information received under this subsection and include it in the

department's electronic database or software program and portal

established under section 2005-C(4).

(f) A school entity that does not enroll secondary school

students is not required to enter into an agreement with an

institution of higher education under this section.

(g) When possible, the courses offered by an institution of

higher education through an agreement under subsection (a) shall

supplement and shall not supplant courses offered by the school

entity to its secondary school students.

(h) (1) Nothing in this section shall be construed to

supersede or preempt a provision of a collective bargaining

agreement between a school entity and an employe organization,

or a right of an employe organization under the provisions of

the act of July 23, 1970 (P.L.563, No.195), known as the "Public

Employe Relations Act."

(2) 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:

"Employe organization." As defined in section 1101-A.

"School entity." A school district, area career and

technical school, charter school, cyber charter school or

A05390 - 69 -

regional charter school.

Section 29. The act is amended by adding articles to read:

ARTICLE XV-K

TALENT RECRUITMENT

Section 1501-K. Scope of article.

This article relates to talent recruitment in the

Commonwealth's education field.

Section 1502-K. 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:

"Board." The State Board of Education.

"Committee." The Committee on Education Talent Recruitment

established under section 1503-K(a).

"Department." The Department of Education of the

Commonwealth.

"Every Student Succeeds Act." The Every Student Succeeds Act

(Public Law 114-95, 129 Stat. 1802).

"Grant program." The Talent Recruitment Grant Program

established under section 1506-K.

"School entity." A school district, charter school, regional

charter school, cyber charter school, area career and technical

school or intermediate unit.

"Secretary." The Secretary of Education of the Commonwealth.

Section 1503-K. Committee on Education Talent Recruitment.

(a) Establishment.--The Committee on Education Talent

Recruitment is established within the department.

(b) Duties.--

(1) Within 30 days of the effective date of this

section, the department shall appoint representatives to the

A05390 - 70 -

committee. The committee shall, at a minimum, include a

representative from each of the following:

(i) The Pennsylvania School Boards Association.

(ii) The Pennsylvania Association of Career and

Technical Administrators.

(iii) The Pennsylvania State Education Association.

(iv) The American Federation of Teachers.

(v) The Pennsylvania Association of School

Administrators.

(vi) The Center for Black Educator Development.

(vii) The Pennsylvania Coalition of Public Charter

Schools.

(viii) The Pennsylvania Association of Colleges and

Teacher Educators.

(ix) The Pennsylvania Association of School Business

Officials.

(2) Within 90 days of the appointment of the committee

under paragraph (1), the committee shall, after consultation

and input from career and technical education programs across

this Commonwealth and national sources, provide the

department with a blended competency list and validated and

aligned materials and development of end-of-program

assessments needed to create a program of study in the

education field.

(3) Within 120 days of the date when the committee

provided the required information to the department under

paragraph (2), the department shall develop the necessary

guidelines, standards and materials to implement additional

fields of study in education into a program of study for

career and technical education programs across this

A05390 - 71 -

Commonwealth.

Section 1504-K. Program of study.

(a) Development.--The department shall develop, in

accordance with the provisions of the Carl D. Perkins Career and

Technical Education Act of 2006 (Public Law 88-210, 20 U.S.C. §

2301 et seq.), a program of study specific to occupations in the

education field classified under the classification of program

code that require a postsecondary certificate, an associate

degree or baccalaureate degree.

(b) Requirements.--In the development of the program of

study under subsection (a), the department shall incorporate

elements of secondary and postsecondary education, including

coherent and rigorous content aligned with any nationally

recognized academic standards and relevant career and technical

content in a coordinated, nonduplicative progression of courses

to adequately prepare students to succeed in postsecondary

education.

include the opportunity for secondary education students to earn

postsecondary education credits through articulation agreements

between school entities with participating postsecondary

institutions, which may lead to an industry recognized

credential or certificate at the postsecondary level or an

associate degree or a baccalaureate degree.

(d) Review of program.--The board shall evaluate the

efficacy of the program of study under subsection (a) within one

year of the program first being offered and, at a minimum, every

three years thereafter. The board's evaluation under this

subsection shall include all of the following:

(1) Disaggregated data by Every Student Succeeds Act

A05390 - 72 -

subgroups on enrollment and participation in the program of

study under subsection (a).

(2) A description of the evaluation process to measure

the success of the program of study under subsection (a).

Section 1505-K. Talent Recruitment Account.

(a) Establishment.--The Talent Recruitment Account is

established as a restricted account in the General Fund.

(b) Use of funds.--Money in the account is appropriated to

the department on a continuing basis to provide grants in

accordance with section 1506-K. The appropriation shall not

lapse at the end of any fiscal year.

(1) The State Treasurer may accept gifts, donations,

legacies or any other revenues, including allowable Federal

funds, for deposit into the account.

(2) Any interest that accrues in the account shall

remain in the account.

Section 1506-K. Talent Recruitment Grant Program.

(a) Establishment.--The Talent Recruitment Grant Program is

established within the department as a competitive grant program

for institutions of higher education to increase participation

in the education workforce. The department shall award grants

under the grant program in accordance with the eligible uses

under subsection (b) and the guidelines established under

subsection (d) to the extent that funding is made available.

(b) Eligible uses of funds.--Grants under the program may

only be used for:

(1) Covering tuition, fees, supplies or other costs

relating to secondary school students enrolled at

institutions of higher education through an agreement between

A05390 - 73 -

a school entity and an institution of higher education under

section 1525.

(2) Programs designed and proven to increase

participation in the education workforce.

application for an institution of higher education to apply for

funding under this section. The application shall be posted on

the department's publicly accessible Internet website.

(d) Program guidelines.--The department may establish

guidelines for implementing the grant program under this

section. The guidelines shall be posted on the department's

publicly accessible Internet website.

(e) Evaluation.--The department shall evaluate the

utilization of the grant program money, including an analysis of

the total amount of grants awarded, each institution of higher

education that received a grant and the efficacy of the programs

funded through the grant program, based on disaggregated data.

The department shall conduct the evaluation, at a minimum, every

three years after the establishment and funding of the grant

program and shall post the evaluation on the department's

publicly accessible Internet website.

Section 1507-K. Chief Talent Officer.

Within 60 days of the effective date of this section, the

secretary shall designate an individual, who may be a current

employee of the department, as the chief talent officer. The

chief talent officer shall be responsible for coordinating

recruitment and retention efforts in the education workforce and

shall work to increase participation in education-related jobs,

including outreach efforts to communities that have low

participation in the education workforce.

A05390 - 74 -

Section 1508-K. Reporting.

For the purpose of improving data collection and transparency

about the diversity of the education workforce, the department

shall annually collect and post information about all of the

following on the department's publicly accessible Internet

website:

(1) Demographics of individuals enrolled in teacher

preparation programs and the demographics of individuals who

completed a teacher preparation program in this Commonwealth.

(2) Demographic data relating to pass rates of educator

certification test takers.

(3) Demographic data relating to teaching certificates

issued by the department.

(4) Demographic data relating to new teacher applicants

and hires at each school entity by school entity, school

district and State level.

(5) Demographic data relating to annual teacher

retention rates by school entity and State level.

(6) Demographics of individuals enrolled in a

superintendent or principal certification program.

(7) Demographics of individuals who have completed a

superintendent or principal certification program.

(8) The current school year's professional employees,

temporary professional employees serving as classroom

teachers, principals and nonteaching professional employees

as delineated by school entity and State level.

(9) Other data relating to demographics of the education

workforce, if available and already collected by the school

entity, as requested by the department.

Section 1509-K. Temporary waiver.

A05390 - 75 -

(a) Waiver.--Notwithstanding any other provision of law, the

secretary shall 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).

(b) Expiration.--The waiver under subsection (a) shall

expire three years after the effective date of this section.

ARTICLE XV-L

EDUCATIONAL AND PROFESSIONAL DEVELOPMENT

ONLINE COURSE INITIATIVE

Section 1501-L. 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:

"Account." The Online Course Clearinghouse Account

established under section 1502-L.

"Clearinghouse." The central online clearinghouse

established under section 1502-L.

"Department." The Department of Education of the

Commonwealth.

"Home education program." A program conducted in compliance

with section 1327.1.

"Institution of higher education." Any of the following:

(1) A community college operating under Article XIX-A.

(2) A university within the State System of Higher

Education.

(3) The Pennsylvania State University.

(4) The University of Pittsburgh.

(5) Temple University.

(6) Lincoln University.

(7) Any other institution that is designated as "State-

A05390 - 76 -

related" by the Commonwealth.

(8) The Thaddeus Stevens College of Technology.

(9) Any accredited private or independent college or

university.

(10) Any private licensed school as defined in the act

of December 15, 1986 (P.L.1585, No.174), known as the Private

Licensed Schools Act.

(11) A college established under Article XIX-G.

"Nonpublic school." A school, other than a public school,

located within this Commonwealth where a Commonwealth resident

may legally fulfill the compulsory school attendance

requirements of this act and that meets the applicable

requirements of Title VI of the Civil Rights Act of 1964 (Public

Law 88-352, 78 Stat. 241).

"Online course." A course of study that uses technology in

order to provide a significant portion of its curriculum and to

deliver a significant portion of instruction to students through

the Internet or other electronic means. The term shall include

all services and materials related to the course.

" Professional development course. " A course that uses

technology to provide a professional educator with continuing

professional education credits as required to maintain active

certification under section 1205.2.

"Provider." An individual, nonprofit or for-profit

organization, business, school entity or institution of higher

education which has submitted one or more online courses or

professional development courses to the department for inclusion

in the clearinghouse established under this article.

"School entity." A school district, charter school, regional

charter school, cyber charter school, intermediate unit or area

A05390 - 77 -

career and technical school.

"Secretary." The Secretary of Education of the Commonwealth.

Section 1502-L. Clearinghouse for online course offerings.

(a) Duty to establish.--The department shall establish a

central online clearinghouse which shall include the following:

(1) A database of online courses for students enrolled

in grades kindergarten through twelve and shall be accessible

by school entities, nonpublic schools, home education

supervisors and the general public.

(2) A database of online professional development

courses for compliance with section 1205.2.

(b) Implementation schedule.--In establishing the

clearinghouse, the department shall adhere to the following

implementation schedule:

(1) From the date of establishment of the clearinghouse,

which shall be no later than the commencement of the 2024-

2025 school year, and in each school year thereafter, the

clearinghouse shall offer online courses which provide

instruction for grades nine through twelve.

(2) Beginning in the 2025-2026 school year and in each

school year thereafter, the clearinghouse shall offer online

courses which provide instruction for grades seven through

eight.

(3) Beginning in the 2026-2027 school year and in each

school year thereafter, the clearinghouse shall offer online

courses which provide instruction for kindergarten through

sixth grade.

(4) Beginning in the 2027-2028 school year and in each

school year thereafter, the clearinghouse shall offer

professional development courses.

A05390 - 78 -

courses.--Online courses or professional development courses

included in the clearinghouse from providers may be offered for

purchase as provided under subsection (g).

(d) Responsibilities of department.--The department shall:

(1) Create an online database that catalogs the online

courses and professional development courses for which an

application was approved under subsection (e) and make the

database available to school entities, nonpublic schools,

home education programs and the general public.

(2) Construct the database provided for under paragraph

(1) for online courses and professional development courses

in such a way as to:

(i) Provide information on each course listed in the

database, including a description of the content and

applicable grade levels of each course.

(ii) Facilitate communication between school

entities, nonpublic schools or home education programs

and providers of online courses and professional

development courses cataloged in the clearinghouse to

expedite the purchasing of the online courses.

(3) At least annually, or at any time the status of an

online course or professional development course changes,

update the database under paragraph (1).

(4) Collect application fees provided for in subsection

(f) and deposit the fees into the account.

(5) Utilize the money in the account, including interest

on the money, to pay expenses incurred by the department in

carrying out its duties under this article.

(6) Explore the possibility for Federal and private

A05390 - 79 -

funding to support the clearinghouse.

(7) Upon request, provide assistance to school districts

which have been declared to be in financial recovery status

or identified for financial watch status under Article VI-A

by facilitating the school districts' search for low-cost or

no-cost online course or professional development course

options.

(e) Applications.--

(1) The department shall develop an application and an

application process that specify the time, form and manner by

which providers may submit their online course or

professional development course offerings to the department

for inclusion in the clearinghouse.

(2) A provider may submit an application to the

department for approval of the online course or professional

development course through a certification process. The

application shall include:

(i) A notarized affidavit certifying that:

(A) the online course being submitted for

inclusion in the clearinghouse is aligned to the

State academic standards for education provided for

in 22 Pa. Code Ch. 4 (relating to academic standards

and assessment); or

(B) the professional development course being

submitted for inclusion in the clearinghouse is

compliant with section 1205.2.

(ii) Evidence that the online course being submitted

for inclusion in the clearinghouse fulfills at least one

of the following criteria:

(A) has been approved by another state for use

A05390 - 80 -

by its public schools;

(B) has been developed by a provider that has

been accredited by a national accreditation body

recognized by the United States Department of

Education; or

utilizes the online course or provides the online

course to another school entity for its use.

(iii) Evidence that the online course being

submitted for inclusion in the clearinghouse includes an

assessment component for determining student performance.

(iv) Evidence that the professional development

course being submitted for inclusion in the clearinghouse

improves teaching effectiveness or aids in maintaining a

teaching certificate.

(v) A statement as to whether the online course or

professional development course is being offered through

the clearinghouse at no cost or for a fee.

(f) Fees, application review and approval.--The following

shall apply to the establishment of fees and the review and

approval of applications:

(1) The department may establish a reasonable

nonrefundable administrative fee for the purpose of reviewing

each application submitted by an online course provider or a

professional development provider.

(2) If, after a review of an application, the department

determines that the application meets the applicable

requirements under subsection (e) and does not violate State

law or department procedures, standards or policy, the

department shall approve the application, notify the provider

A05390 - 81 -

of the approval and include the online course or professional

development course in the database under subsection (d)(1)

until such time as the provider requests that the online

course or professional development course be removed or the

department removes the online course under paragraph (4).

(3) If, after a review of an application, the department

determines that the application does not meet the applicable

requirements under subsection (e), the department shall

withhold approval of the application and notify the provider

of the reason approval was withheld so that the provider may

revise and resubmit the application. Any application that has

been resubmitted for review shall be subject to the

associated administrative fee authorized under this

subsection.

(4) The department may revisit and review any approved

application and associated online course or professional

development course at any time and remove the online course

or professional development course from the database under

subsection (d)(1) if the department determines that:

(i) the information contained in the application was

false or misleading or is no longer accurate;

(ii) the online course or professional development

course has been materially changed or revised in such a

way that the approval previously granted for the online

course or professional development course should not

apply and the provider of the online course or

professional development course has not submitted an

application to the department seeking approval of the

revisions to the online course or professional

development course in accordance with the application and

A05390 - 82 -

fee requirements of this section; or

(iii) the standards applicable to the course have

materially changed in such a way that the approval

previously granted for the online course or professional

development course should not apply and the provider of

the online course or professional development course has

not submitted an application to the department within 30

days seeking approval of the online course or

professional development course with revisions to address

the revised standards in accordance with the application

and fee requirements of this section.

(g) Contracts for the provision of courses cataloged in the

clearinghouse.--If a school entity, nonpublic school or home

education program enters into a contract with a provider for the

use of an online course or professional development course

cataloged in the clearinghouse, the following shall apply:

(1) The purchase price and other payment and contract

terms of an online course or professional development course

cataloged in the clearinghouse shall be determined by direct

negotiations between a school entity, nonpublic school or

home education program and a provider.

(2) Immediately upon commencing negotiations of the

terms of a contract for an online course or professional

development course, a provider shall provide the school

entity, nonpublic school or home education program with

information regarding refund policies and the process for

contesting payment amounts.

(h) Fees prohibited by school entities.--Notwithstanding

subsection (g), a school entity may not charge a fee to another

school entity to utilize an online course offered through the

A05390 - 83 -

clearinghouse.

(i) Online Course Clearinghouse Account.--

(1) The Online Course Clearinghouse Account is

established as a restricted receipt account in the General

Fund.

(2) The account may consist of funding appropriated by

the General Assembly, application fees collected under

subsection (f) and interest generated by money in the

account.

(3) The money in the account is appropriated to the

department on a continuing basis for the purposes of paying

expenses incurred by the department in carrying out its

duties relating to the administration of the clearinghouse.

Section 1503-L. School entities.

A school entity that offers online courses to students shall

do all of the following:

(1) Determine how instruction relating to an online

course shall be delivered.

(2) Establish policies and procedures for student

eligibility and participation, including a policy on the

selection of online courses made available to students by the

school entity. The policies and procedures shall be made

accessible to parents and students and posted on the school

entity's publicly accessible Internet website.

(3) Ensure that parents and students are made aware of

the opportunity for online learning and make information

about available online courses easily accessible to parents

and students.

Section 1504-L. Penalties.

If the department determines that a provider intentionally

A05390 - 84 -

submitted false or misleading information on an application, the

provider shall be prohibited from participating in the

clearinghouse for a period of five years.

Section 1505-L. Report.

(a) Submission.--The secretary shall submit an annual report

to the Governor, 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 and post the report on the department's publicly

accessible Internet website no later than June 30, 2027, and

every five years thereafter.

(b) Content.--The report shall, at a minimum, include all of

the following information:

(1) The number of students participating in online

courses, disaggregated by student group.

(2) The number of students participating in online

courses from the clearinghouse, disaggregated by student

group.

(3) The number of online courses available through the

clearinghouse.

(4) A description of the types of online courses

available through the clearinghouse.

(5) An assessment of the academic impact of online

courses on the participating students.

(6) The number of professional employees participating

in professional development courses, disaggregated by

demographics and certification type.

(7) The number of professional development courses

available through the clearinghouse.

(8) A description of the types of professional

A05390 - 85 -

development courses available through the clearinghouse.

(9) Recommendations for improving the clearinghouse.

Section 1506-L. Construction.

Nothing in this article shall be construed to:

(1) Prevent a school entity from establishing and

offering its own online course or program.

(2) Prevent a school entity or school entity personnel

from:

(i) supplementing an online course;

(ii) providing assistance, tutoring or enrichment to

a student enrolled in an online course;

(iii) using the content of an online course in

instruction delivered by school district personnel; or

(iv) monitoring a student's progress and attention

to instruction in an online course.

(3) Require a student to participate in an online course

offered by a school entity.

(4) Supersede or preempt the rights, remedies and

procedures afforded to school employees or labor

organizations under Federal or State law, including the act

of July 23, 1970 (P.L.563, No.195), known as the Public

Employe Relations Act, or any provision of a collective

bargaining agreement negotiated between a school entity and

an exclusive representative of the employees in accordance

with that act.

Section 1507-L. Regulations.

The department may issue regulations under the act of June

25, 1982 (P.L.633, No.181), known as the Regulatory Review Act,

necessary to establish reasonable fees for the purpose of

reviewing and approving courses under section 1502-L(f).

A05390 - 86 -

Section 29.1. The act is amended by adding a section to

read:

Section 1704-A. Abolition of Rulemaking.--The rulemaking,

designated as 6-349, relating to charter schools and cyber

charter schools received as a final-form regulation by the

Independent Regulatory Review Commission on February 10, 2022,

and approved by the Independent Regulatory Review Commission on

March 21, 2022, is abolished. This section shall apply

notwithstanding the date of publication of the final-form

regulation in the Pennsylvania Bulletin. Notwithstanding any

other provision of law, if this section takes effect prior to

the date of publication of the final-form regulation in the

Pennsylvania Bulletin, the Legislative Reference Bureau may not

publish the regulation in the Pennsylvania Bulletin.

Section 29.2. Section 1751-A of the act is amended to read:

Section 1751-A. Regulations.

[The] Subject to section 1704-A, the department may issue

regulations to implement this subdivision.

Section 29.3. The act is amended by adding an article to

read:

ARTICLE XVII-D

DISABILITY INCLUSIVE CURRICULUM

Section 1701-D. Scope of article.

This article establishes a pilot program to provide

instruction to students on the political, economic and social

contributions of individuals with disabilities.

Section 1702-D. 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:

A05390 - 87 -

"Department." The Department of Education of the

Commonwealth.

"Nonpublic school." A 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).

"Pennsylvania Special Education Advisory Panel." A group of

representatives that:

(1) advise the Secretary of Education and the department

on:

(i) the unmet educational needs of students with

disabilities;

(ii) developing corrective action plans;

(iii) developing and implementing policies to

improve coordination of services to students with

disabilities; and

(2) review and comment on Pennsylvania's Annual

Performance Report, proposed special education regulations

and funding procedures; and

(3) help the department develop and report information

that is required by law to the United States Secretary of

Education, in accordance with section 612(a)(21) of the

Individuals with Disabilities Education Act (Public Law 91-

310, 20 U.S.C. § 1412(a)(21)) and 34 CFR 300.167-300.169

(relating to State Advisory Panel).

"Pilot program." The Disability Inclusive Curriculum Pilot

Program established under this article.

"Professional educator." As defined in section 1205.2(o).

"School entity." A school district, charter school, regional

A05390 - 88 -

charter school, cyber charter school, intermediate unit or area

career and technical school.

Section 1703-D. Pilot program.

(a) Establishment.--The Disability Inclusive Curriculum

Pilot Program is established in the department to provide

instruction to students on the political, economic and social

contributions of individuals with disabilities.

(b) Operation.--The pilot program shall operate for three

full school years, beginning with the 2023-2024 school year.

(1) The department may select school entities and

nonpublic schools to participate in the pilot program by July

15, 2023.

(2) To be eligible for the pilot program, the school

entity or nonpublic school must submit a proposal to the

department by May 15, 2023, that identifies how the school

entity or nonpublic school will meet the guidelines

established by the department for the pilot program.

Section 1704-D. Department responsibilities.

(a) Funding.--The department may use Federal, State and

other money to the extent that it is made available for the

program.

(b) Consultation.--No later than six months after the

effective date of this section, the department shall consult

with the Pennsylvania Special Education Advisory Panel in

establishing, operating and evaluating the pilot program.

establish guidelines and procedures for the pilot program in

consultation with the Pennsylvania Special Education Advisory

Panel. The department shall consider curriculum offered by

A05390 - 89 -

organizations with 50% or greater disabled leadership that

specialize in and have expertise with individuals with

disabilities before selecting the curriculum to be used for the

pilot program.

Section 1705-D. Pilot program evaluation.

(a) Report by school entities.--A participating school

entity or nonpublic school shall annually report to the

department data and information about the operation of the pilot

program, in the manner prescribed by the department. At a

minimum, a participating school entity or nonpublic school shall

annually report to the department about how the participating

school entity or nonpublic school met the objectives of the

pilot program and any difficulty encountered in seeking to meet

the objectives of the pilot program.

(b) Evaluation.--The department shall contract with a

nationally recognized educational evaluation institution or

organization to provide an evaluation of the pilot program to

review the effectiveness of the implementation of a curriculum

inclusive to individuals with a disability. The evaluation shall

be published on the department's publicly accessible Internet

website.

annual report based on the data and information received about

the operation of the pilot program under subsection (a). The

department shall annually submit the report under this

subsection by August 1 to all of the following:

(1) The chair and minority chair of the Education

Committee of the Senate.

(2) The chair and minority chair of the Education

Committee of the House of Representatives.

A05390 - 90 -

Section 30. The act is amended by adding sections to read:

Section 1857. Cosmetology Training through Career and

Technical Center Pilot Program.--(a) The Cosmetology Training

Through Career And Technical Center Pilot Program is established

in the State Board of Cosmetology.

(a.1) A CTE cosmetology student may earn up to three hundred

fifty hours of education through participation in out-of-school

programs, subject to the following:

(1) The CTE cosmetology student must be supervised by a

licensed cosmetologist or cosmetology teacher who has at least

five years of experience.

(2) The program educator may use information obtained from

the out-of-school program in gauging and grading the CTE

cosmetology student's skill level.

(3) The out-of-school program shall notify each client upon

whom the CTE cosmetology student performs a service that the

service is being performed by a CTE cosmetology student.

(4) A CTE cosmetology student may receive compensation for

services rendered in the out-of-school program.

(b) A CTE cosmetology student may not earn less than two

hundred fifty hours through in-person instruction at the CTC or

secondary school.

student and shall not apply to a postsecondary student enrolled

and participating in an adult and continuing education program

offered by a CTC or secondary school.

(d) No later than June 30, 2023, and each year thereafter

through June 30, 2025, each CTC and secondary school

participating in the pilot program shall report the following

information to the State Board of Cosmetology on a form

A05390 - 91 -

prescribed by the board:

(1) The number of CTE cosmetology students participating in

an out-of-school program.

(2) The number of salons and supervising licensed

cosmetologists participating in an out-of-school program.

(3) The average number of hours CTE cosmetology students

participated in an out-of-school program.

(4) The average number of hours CTE cosmetology students

participated in online distance education hours.

(5) The number of CTE cosmetology students participating in

an out-of-school program that received employment as a result of

an out-of-school program.

(6) Other information as requested by the State Board of

Cosmetology.

(e) The pilot program under this section shall expire three

years from the effective date of this section.

(f) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"CTC" means a Department of Education area career and

technical school as defined in section 1841.

"CTE cosmetology student" means a career and technical

education student receiving a secondary education from a CTC or

secondary school in a cosmetology program of study under the act

of May 3, 1933 (P.L.242, No.86), referred to as the "Cosmetology

Law."

"Out-of-school program" means a program conducted off CTC or

secondary school grounds, including cooperative education, job

shadowing, internships, community exploration, registered

apprenticeships and community service learning designed to

provide students with real world experiences under the general

A05390 - 92 -

supervision of a program educator.

"Program educator" means an educator holding a career and

technical certification issued by the Department of Education

and a cosmetology teacher licensed under the "Cosmetology Law."

Section 1858. Barber Training through Career and Technical

Center Pilot Program.--(a) The Barber Training Through Career

and Technical Center Pilot Program is established in the State

Board of Barber Examiners.

(a.1) A CTE barber student may earn up to three hundred

fifty hours of education through participation in out-of-school

programs, subject to the following:

(1) The CTE barber student must be supervised by a licensed

barber, barber manager or barber teacher who has at least five

years of experience.

(2) The program educator may use information obtained from

the out-of-school program in gauging and grading the CTE barber

student's skill level.

(3) The out-of-school program shall notify each client upon

whom the CTE barber student performs a service that the service

is being performed by a CTE barber student.

(4) A CTE barber student may receive compensation for

services rendered in the out-of-school program.

(b) A CTE barber student may not earn less than two hundred

fifty hours through in-person instruction at the CTC or

secondary school.

and shall not apply to a postsecondary student enrolled and

participating in an adult and continuing education program

offered by a CTC or secondary school.

(d) No later than June 30, 2023, and each year thereafter

A05390 - 93 -

through June 30, 2025, each CTC and secondary school

participating in the pilot program shall report the following

information to the State Board of Barber Examiners on a form

prescribed by the board:

(1) The number of CTE barber students participating in an

out-of-school program.

(2) The number of barber shops and supervising licensed

barbers participating in an out-of-school program.

(3) The average number of hours CTE barber students

participated in an out-of-school program.

(4) The average number of hours CTE barber students

participated in online distance education hours.

(5) The number of CTE barber students participating in an

out-of-school program that received employment as a result of an

out-of-school program.

(6) Other information as requested by the State Board of

Barber Examiners.

(e) The pilot program under this section shall expire three

years from the effective date of this section.

(f) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"CTC" means a Department of Education area career and

technical school as defined in section 1841 of this act.

"CTE barber student" means a career and technical education

student receiving a secondary education from a CTC or secondary

school in a barber program of study under the act of June 19,

1931 (P.L.589, No.202), referred to as the Barbers' License Law.

"Out-of-school program" means a program conducted off CTC or

secondary school grounds, including cooperative education, job

shadowing, internships, community exploration, registered

A05390 - 94 -

apprenticeships and community service learning designed to

provide students with real world experiences under the general

supervision of a program educator.

"Program educator" means an educator holding a career and

technical certification issued by the Department of Education

and a barber teacher licensed under the Barber's License Law.

Section 31. Section 1913-A(b)(1.6) of the act is amended by

adding subclauses to read:

Section 1913-A. Financial Program; Reimbursement of

Payments.--* * *

(b) * * *

(1.6) For the 2006-2007 fiscal year and each fiscal year

thereafter, the payment for a community college shall consist of

the following:

* * *

(xvi) For the 2022-2023 fiscal year, each community college

shall receive an amount equal to the following:

(A) An amount equal to the reimbursement for operating costs

received in fiscal year 2019-2020 under subclause (xii)(A) and

(C).

(B) An amount equal to the economic development stipend

received in fiscal year 2019-2020 under subclause (xii)(B).

units (A) and (B), an additional amount for operating costs

determined for each community college, as follows:

(I) Multiply the audited full-time equivalent enrollment as

verified under subsection (k.1) for the most recent year

available for the community college by $9,755,000.

(II) Divide the product in subunit (I) by the sum of the

audited full-time equivalent enrollment as verified under

A05390 - 95 -

subsection (k.1) for the most recent year available for all

community colleges that receive funding under units (A) and (B).

(xvii) For fiscal year 2022-2023, a community college

approved by the State Board of Education during the 2020

calendar year shall receive an amount equal to the difference

between the amount appropriated for the allocation of community

college funding and the sum of the amounts determined for

community colleges under subclause (xvi).

* * *

Section 32. Section 1916-G introductory paragraph of the act

is amended to read:

Section 1916-G. Reports.

The Legislative Budget and Finance Committee shall prepare

and submit to the General Assembly written interim and final

reports evaluating the operation of this article. The interim

report shall be submitted by June 30, 2018, and the final report

shall be submitted by [June 30, 2022] December 31, 2022. Each

report shall include, but may not be limited to, the following:

* * *

Section 33. Section 2001-A of the act is amended by adding

definitions to read:

Section 2001-A. Definitions.--The following words and

phrases when used in this article shall, for the purpose of this

article, have the following meanings, respectively, except in

those instances where the context clearly indicates a different

meaning:

* * *

(4.1) "Commonwealth University of Pennsylvania" shall mean

the institution comprised of Bloomsburg University of

Pennsylvania, Lock Haven University of Pennsylvania and

A05390 - 96 -

Mansfield University of Pennsylvania as consolidated under

section 2002-A.

* * *

(9.1) "Initial member" shall mean a trustee serving on the

council of trustees as of June 30, 2022, for an institution

consolidated under section 2002-A that has been nominated and

appointed by the Governor and confirmed by the Senate.

* * *

(10.1) "Integrated council" shall mean each of the

following:

(1) The Council of Trustees of Commonwealth University of

Pennsylvania.

(2) The Council of Trustees of Pennsylvania Western

University.

(10.2) "Pennsylvania Western University" shall mean the

institution comprised of California University of Pennsylvania,

Clarion University of Pennsylvania and Edinboro University of

Pennsylvania as consolidated under section 2002-A.

* * *

(17.1) "Transitional member" shall mean a trustee serving on

the council of trustees as of June 30, 2022, for an institution

consolidated under section 2002-A, who is appointed to serve on

an integrated council for a term beginning on July 15, 2022,

until September 30, 2022, or upon confirmation of initial

members by the Senate, whichever occurs earlier.

* * *

Section 34. Sections 2002-A(a.7) introductory paragraph and

2004-A(c)(2) of the act are amended to read:

Section 2002-A. Establishment of the State System of Higher

Education and its Institutions.--* * *

A05390 - 97 -

(a.7) Upon development of a proposed implementation plan

under subsection (a.3), the chancellor shall report on a

quarterly basis in person to the chairperson and minority

chairperson of the Appropriations Committee of the Senate, the

chairperson and minority chairperson of the Education Committee

of the Senate, the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives and the

chairperson and minority chairperson of the Education Committee

of the House of Representatives information detailing the

actions taken, actions planned to be taken in the next quarter

and progress made toward developing and implementing the goals

of the plan on the respective universities. Within fifteen (15)

days of the issuance of a report to the chairpersons, the

chancellor shall, upon request by the chairperson or minority

chairperson of the Appropriations Committee of the Senate, the

chairperson or minority chairperson of the Education Committee

of the Senate, the chairperson or minority chairperson of the

Appropriations Committee of the House of Representatives or the

chairperson or minority chairperson of the Education committee

of the House of Representatives, present the report at a joint

public hearing of the Appropriations Committee of the Senate and

the Education Committee of the Senate and a joint public hearing

of the Appropriations Committee of the House of Representatives

and the Education Committee of the House of Representatives. A

report under this subsection shall continue until the plan is

either rejected by the board or has been fully implemented. A

report shall include, but is not limited to, the following

information:

* * *

Section 2004-A. Board of Governors.--* * *

A05390 - 98 -

(2) A member of the General Assembly appointed under

subsection (a) may designate an official representative to

attend any meetings of the board, the executive committee of the

board and any committee to which the member of the General

Assembly is assigned. [Such] The official representative shall

have the right to speak on all matters before the board, the

executive committee and any committee to which the member of the

General Assembly is assigned [but shall not have the right to

vote on behalf of the member of the General Assembly] and to

vote.

* * *

Section 35. Section 2008-A of the act is amended by adding a

subsection to read:

Section 2008-A. Councils of Trustees.--* * *

(a.1) A trustee serving on an integrated council as of July

1, 2022, shall continue to serve on the integrated council until

the Governor appoints transitional members under section 2008.1-

A(b)(4).

* * *

Section 36. The act is amended by adding a section to read:

Section 2008.1-A. Integrated Councils.--(a) An integrated

council shall consist of members as provided under this section.

(b) (1) Transitional members of the Council of Trustees of

Commonwealth University of Pennsylvania shall be equally

selected from the trustees serving under active terms through

June 30, 2022, with four (4) members selected from Bloomsburg

University of Pennsylvania, four (4) members selected from Lock

Haven University of Pennsylvania and four (4) members selected

from Mansfield University of Pennsylvania.

A05390 - 99 -

(2) Transitional members of the Council of Trustees of

Pennsylvania Western University shall be equally selected from

the trustees serving under active terms through June 30, 2022,

with four (4) members selected from California University of

Pennsylvania, four (4) members selected from Clarion University

of Pennsylvania and four (4) members selected from Edinboro

University of Pennsylvania.

(3) Transitional members shall not be subject to the

requirements in subsection (e).

(4) No later than July 15, 2022, the Governor shall provide

written notification to the following members of the General

Assembly to inform them of the trustees that have been appointed

to serve as transitional members:

(i) The President pro tempore of the Senate.

(ii) The Speaker of the House of Representatives.

(iii) The Majority Leader of the Senate.

(iv) The Minority Leader of the Senate.

(v) The Majority Leader of the House of Representatives.

(vi) The Minority Leader of the House of Representatives.

(vii) The chairperson and minority chairperson of the

Education Committee of the Senate.

(viii) The chairperson and minority chairperson of the

Education Committee of the House of Representatives.

submit to the Senate the names of individuals to nominate and

appoint to serve as initial members on an integrated council.

(2) Initial members of the Council of Trustees of

Commonwealth University of Pennsylvania shall be equally

selected from trustees serving under active terms through June

30, 2022, with four (4) members selected from Bloomsburg

A05390 - 100 -

University of Pennsylvania, four (4) members selected from Lock

Haven University of Pennsylvania and four (4) members selected

from Mansfield University of Pennsylvania.

(3) Initial members of the Council of Trustees of

Pennsylvania Western University shall be equally selected from

trustees serving under active terms through June 30, 2022, with

four (4) members selected from California University of

Pennsylvania, four (4) members selected from Clarion University

of Pennsylvania and four (4) members selected from Edinboro

University of Pennsylvania.

(4) Terms of initial members shall begin upon confirmation

by the Senate.

(d) (1) The Governor shall nominate and appoint initial

members to serve staggered terms as follows:

(i) Two (2) initial members from each institution

consolidated under section 2002-A to serve a term of six (6)

years.

(ii) One (1) initial member from each institution

consolidated under section 2002-A to serve a term of four (4)

years.

(iii) One (1) initial member from each institution

consolidated under section 2002-A to serve a term of two (2)

years.

(2) Each member appointed or reappointed to serve on an

integrated council after the expiration of the term of an

initial member shall serve for a term of six (6) years.

(3) Each member shall serve until their respective successor

is duly appointed and qualified.

(e) The membership of an integrated council shall consist of

the following:

A05390 - 101 -

(1) At least three (3) members of each integrated council

must be alumni, one from each institution consolidated under

section 2002-A.

(2) Three (3) members of each integrated council, one from

each institution consolidated under section 2002-A, shall be a

student appointed by the board under section 2006-A(a)(17). The

student trustee shall serve a term of four (4) years or for as

long as the student is a full-time student in attendance at an

institution consolidated under section 2002-A of which the

student is a member, whichever period is shorter, and is in good

academic standing. If a student member is temporarily unable,

for medical or valid academic reasons, to fulfill the

responsibilities of office, the integrated council may appoint

an otherwise qualified student to serve as an alternate until

the return of the student member.

(f) A vacancy occurring before the expiration of the term of

an initial member or any subsequent member shall be filled in

like manner for the unexpired term.

(g) Eight (8) members of an integrated council shall

constitute a quorum. No more than one student member shall be

counted toward establishing a quorum. The integrated council

shall select from its members a chairperson and a secretary to

serve at the pleasure of the integrated council. The integrated

council shall meet at least quarterly and additionally at the

call of the president, or the chairperson, or upon request of

four (4) of its members.

(h) The powers and duties conferred to councils of trustees

under this article, including, but not limited to, sections

2005-A, 2006-A and 2009-A, shall apply to the Council of

Trustees of Commonwealth University of Pennsylvania and the

A05390 - 102 -

Council of Trustees of Pennsylvania Western University.

Section 37. The definitions of "economically disadvantaged

school" and "household income" in section 2002-B of the act are

amended and the section is amended by adding definitions 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:

* * *

"Economically disadvantaged school." Any school within this

Commonwealth at which at least [75%] 51% of the students

attending the school in the immediately preceding school year

received a scholarship of at least $1,000 pursuant to this

article.

* * *

"Fiscal year." The Commonwealth's fiscal year beginning July

1 and ending June 30.

* * *

"Household income." All money or property received of

whatever nature and from whatever source derived. The term does

not include the following:

(1) Periodic payments for sickness and disability other

than regular wages received during a period of sickness or

disability.

(2) Disability, retirement or other payments arising

under workers' compensation acts, occupational disease acts

and similar legislation by any government.

(3) Payments commonly recognized as old-age or

retirement benefits paid to persons retired from service

A05390 - 103 -

after reaching a specific age or after a stated period of

employment.

(4) Payments commonly known as public assistance or

unemployment compensation payments by a governmental agency.

(5) Payments to reimburse actual expenses.

(6) Payments made by employers or labor unions for

programs covering hospitalization, sickness, disability or

death, supplemental unemployment benefits, strike benefits,

Social Security and retirement.

(7) Compensation received by United States servicemen

serving in a combat zone.

(8) Payments received from a governmental agency to

relieve the economic effects of the COVID-19 pandemic.

* * *

"School-related fees." Fees charged by a school to all

students for books, instructional materials, technology

equipment and services, uniforms [and], activities and

concurrent enrollment programs under Article XVI-B.

* * *

"Tax year." A taxpayer's annual accounting period or, if a

return is made for a period of less than 12 months, the period

for which the return is made.

Section 38. Sections 2003-B(d.3) and 2004-B(a)(2) of the act

are amended to read:

Section 2003-B. Qualification and application by organizations.

* * *

(d.3) [Opportunity scholarship] Scholarship organization for

economically disadvantaged schools.--

(1) [In] Effective July 1, 2022, in addition to the

other requirements of this article, [an opportunity] a

A05390 - 104 -

scholarship organization that intends to provide

[opportunity] scholarship awards to applicants of

economically disadvantaged schools must demonstrate a history

of serving schools throughout this Commonwealth and the

capacity to distribute [opportunity] scholarships Statewide

to applicants of economically disadvantaged schools.

(2) [An opportunity] A scholarship organization must

agree to distribute [opportunity] scholarships to applicants

of economically disadvantaged schools not later than

[December] February 1 of the applicable school year.

(3) Notwithstanding any other provision of this article

to the contrary, the department may not for any school year

qualify more than one [opportunity] scholarship organization

for the provision of [opportunity] scholarships to applicants

of economically disadvantaged schools.

(4) A scholarship organization for economically

disadvantaged schools shall annually report the following

information to the department by November 1 of each year:

(i) Scholarship awards by family household income.

(ii) The school district where the scholarship

recipient currently resides.

(iii) The school that the student attended in the

year prior to the scholarship award.

(iv) The total number, amount and average

scholarship awarded.

(5) The department may not require additional

information to be provided by a scholarship organization for

economically disadvantaged schools except as expressly

authorized under this article.

* * *

A05390 - 105 -

Section 2004-B. Application by business firms.

(a) Scholarship organization, pre-kindergarten scholarship

organization or opportunity scholarship organization.--

* * *

(2) A business firm that intends to apply to the

department for a tax credit for contributions [to the

opportunity scholarship organization that qualifies under

section 2003-B(d.3)] for students attending an economically

disadvantaged school must submit an application separate from

an application for tax credits to [a] another scholarship

organization, pre-kindergarten scholarship organization or

[other] opportunity scholarship organization. The

contribution shall be made to the designated scholarship

organization for the economically disadvantaged schools and

shall be separately accounted for and distributed by the

designated scholarship organization.

* * *

Section 39. Section 2005-B(i)(5) and (j)(1) and (2) of the

act are amended and subsection (i) is amended by adding a

paragraph to read:

Section 2005-B. Tax credits.

* * *

(i) Temporary increase in maximum tax credits available.--

* * *

(4.1) If all tax credits authorized under this article

for contributions to the category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations have not been awarded

as of November 30 of any fiscal year, then for applications

accepted by the department from December 1 through the end of

A05390 - 106 -

the fiscal year, the limitations set forth in subsections

(a), (a.1), (c) and (d) relating to the maximum amount of tax

credits a business firm can receive during a fiscal year for

contributions to each such category of organizations shall

not apply. Under this paragraph, the department may accept

applications under section 2004-B from December 1 through the

end of the fiscal year and shall award tax credits under this

article for contributions to the category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations on a first-come,

first-served basis until all tax credits available for the

fiscal year have been exhausted.

(5) Notwithstanding a temporary increase in maximum tax

credits available under this subsection, the limitations set

forth in subsections (a), (a.1), (c) and (d) relating to the

maximum amount of tax credits a business firm can receive

during a year for contributions to a category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations shall be reinstated

for all applications accepted by the department [on or] after

[December 1] June 30 of the fiscal year.

(j) Reallocation of tax credits.--

(1) Beginning on January 1 of any fiscal year, if any

tax credits authorized under this article for contributions

to any of the categories of scholarship organizations,

opportunity scholarship organizations or pre-kindergarten

scholarship organizations remain unawarded, such unawarded

tax credits may be reallocated to any of the categories of

scholarship organizations, opportunity scholarship

organizations or pre-kindergarten scholarship organizations

A05390 - 107 -

for which all available tax credits have been awarded. The

department shall, within 10 business days, inform each

business firm on the waiting list maintained by the

department under subsection (h) that tax credits remain

available under another category for which the business firm

has not yet applied. If a business firm notified under this

paragraph elects, the department shall reallocate available

tax credits for award to the business firm in the business

firm's preferred tax credit category, notwithstanding the

limitations contained in section 2006-B(a). [The amount of

tax credits to be awarded to a business firm under this

paragraph shall not exceed the amount of tax credits

available for reallocation or the maximum amount of tax

credits for which a business firm is eligible under

subsections (a), (a.1), (c) and (d).] Each business firm

shall have 10 business days from the date of the department's

notice to elect a reallocation of tax credits under this

paragraph. The department shall award tax credits on a first-

come, first-served basis.

(2) After the department has awarded tax credits under

paragraph (1), the department shall accept new applications

for reallocation of tax credits from any of the categories of

scholarship organizations, opportunity scholarship

organizations or pre-kindergarten scholarship organizations

for which tax credits remain available to the applicant's

preferred category of scholarship organizations, opportunity

scholarship organizations or pre-kindergarten scholarship

organizations for which all available tax credits have been

awarded, notwithstanding any limitations contained in section

2006-B(a)[. The amount of tax credits to be awarded to a

A05390 - 108 -

business firm under this paragraph shall not exceed the

amount of tax credits available for reallocation or the

maximum amount of tax credits for which a business firm is

eligible under] or the limitations in subsections (a), (a.1),

first-come, first-served basis.

* * *

Section 40. Section 2006-B(a) of the act, amended June 30,

2021 (P.L.158, No.26), is amended to read:

Section 2006-B. Limitations.

(a) Amount.--

(1) The total aggregate amount of all tax credits

approved for contributions from business firms to scholarship

organizations, educational improvement organizations and pre-

kindergarten scholarship organizations shall not exceed

[$225,000,000] $340,000,000 in a fiscal year. The following

shall apply:

(i) No less than [$175,000,000] $263,000,000 of the

total aggregate amount shall be used to provide tax

credits for contributions from business firms to

scholarship organizations.

(ii) No less than [$37,500,000] $44,500,000 of the

total aggregate amount shall be used to provide tax

credits for contributions from business firms to

educational improvement organizations.

(iii) The total aggregate amount of all tax credits

approved for contributions from business firms to pre-

kindergarten scholarship organizations shall not exceed

[$12,500,000] $20,500,000 in a fiscal year.

(iv) No less than $12,000,000 of the total aggregate

A05390 - 109 -

amount shall be used to provide tax credits for

contributions from business firms to increase the

scholarship or pre-kindergarten scholarship by up to

$2,000 or, in the case of a scholarship for a student

attending a secondary school, by up to $4,000, for a

student attending an economically disadvantaged school,

to the extent that the total amount of scholarships, pre-

kindergarten scholarships and opportunity scholarships

will not exceed the lesser of $8,500 or the school's

tuition.

(2) The total aggregate amount of all tax credits

approved for contributions from business firms to opportunity

scholarship organizations shall not exceed [$55,000,000 in a

fiscal year and no less than $5,000,000 of the total

aggregate amount shall be used to provide tax credits for

contributions from business firms to increase the scholarship

amount to students attending an economically disadvantaged

school by up to $1,000 more than the amount provided during

the immediately preceding school year.] $65,000,000 in a

fiscal year.

* * *

Section 41. Section 2009-B(e) and (f)(5) of the act are

amended to read:

Section 2009-B. Opportunity scholarships.

* * *

(e) Amount.--

(1) [(i) Except as otherwise provided in subparagraph

(ii), the] The maximum amount of an opportunity scholarship

awarded to an applicant without a disability shall be $8,500.

[(ii) For a student attending an economically

A05390 - 110 -

disadvantaged school, the maximum amount of an

opportunity scholarship awarded to an applicant without a

disability shall be $9,500.]

(2) [(i) Except as otherwise provided in subparagraph

(ii), the] The maximum amount of an opportunity scholarship

awarded to an applicant with a disability shall be $15,000.

[(ii) For a student attending an economically

disadvantaged school, the maximum amount of an

opportunity scholarship awarded to an applicant with a

disability shall be $16,000.]

(3) In no case shall the combined amount of the

opportunity scholarship awarded to a recipient and any

additional financial assistance provided to the recipient

exceed the tuition rate and school-related fees for the

participating public school or participating nonpublic school

that the recipient will attend.

(f) Designation, reports and notices.--

* * *

(5) (i) Each school that has been designated by the

department as an economically disadvantaged school for an

applicable school year shall notify the department by no

later than [October 15] November 30 of the applicable

school year of the following information for each

recipient of a scholarship registered to attend the

school for the applicable school year:

(A) The recipient's name and address.

(B) The grade of the recipient for the school

year with respect to which the scholarship and

tuition grant shall be received.

A05390 - 111 -

scholarships under this article entitled to

educational tax credits that were received by the

recipient.

(D) The names and address of the recipient's

parents or guardians.

(E) The amount of tuition charged.

(ii) The information submitted in this paragraph

shall be provided to the [opportunity] scholarship

organization for economically disadvantaged schools who

shall distribute the money in accordance with section

2003-B(d.3).

(iii) Information submitted by a school designated

by the department as an economically disadvantaged school

shall remain confidential and shall not be subject to the

act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law. The information can be used for

administration of the program.

Section 42. The definition of "credit for prior learning" in

section 2001-C of the act is amended and the section is amended

by adding a definition to read:

Section 2001-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:

* * *

"Cambridge advanced." An academically rigorous college-level

program offered by Cambridge Assessment International Education,

a part of the University of Cambridge, comprised of a one-year

AS-Level and a two-year A-Level course and exam and the core

requirements of the AICE Diploma program.

A05390 - 112 -

* * *

"Credit for prior learning." College-level credit granted

toward the award of a postsecondary degree or certificate for

experiential learning that can be demonstrated through various

means of assessment to be the equivalent of learning gained

through formal collegiate instruction, including an Advanced

Placement Program exam, International Baccalaureate Diploma

Program exam, a College-Level Examination Program exam,

Cambridge advanced exam and Dantes Subject Standardized Tests.

* * *

Section 43. Section 2002-C(d)(5) of the act is amended to

read:

Section 2002-C. Duties of public institutions of higher

education.

* * *

(d) Credit for prior learning.--Each public institution of

higher education shall do all of the following:

* * *

(5) For each academic year, report to the department all

of the following:

(i) The total number of students awarded credits for

prior learning, including Advanced Placement Program

exams, International Baccalaureate Diploma Program exams

and College-Level Examination Program exams [and], Dantes

Subject Standardized Tests and Cambridge advanced exams.

(ii) The total number of credits awarded to students

for prior learning, including Advanced Placement Program

exams, International Baccalaureate Diploma Program exams

and College-Level Examination Program exams [and], Dantes

Subject Standardized Tests and Cambridge advanced exams.

A05390 - 113 -

(iii) The number of credits awarded to matriculating

students who present Advanced Placement Program,

International Baccalaureate Diploma Program and College-

Level Examination Program exams [and], Dantes Subject

Standardized Tests and Cambridge advanced exams that meet

the standards established under section 2004-C(c)(6) and,

of those credits, the number of credits applied toward

major requirements and the number of credits applied

toward elective requirements.

(iv) Any other information related to awarding of

credit for prior learning as requested by the department

or the Transfer and Articulation Oversight Committee,

including the usability of transfer credits.

Section 44. (Reserved).

Section 45. Article XX-G heading and sections 2001-G, 2002-G

and 2003-G of the act are amended to read:

ARTICLE XX-G

SEXUAL VIOLENCE [EDUCATION], DATING VIOLENCE,

DOMESTIC VIOLENCE AND STALKING EDUCATION,

PREVENTION AND RESPONSE AT

INSTITUTIONS OF HIGHER EDUCATION

AND PRIVATE LICENSED SCHOOLS

Section 2001-G. Scope of article.

This article relates to college and university sexual

violence [education], dating violence, domestic violence and

stalking education, prevention and response.

Section 2002-G. 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:

A05390 - 114 -

"Dating violence." As defined in section 1553(f).

"Department." The Department of Education of the

Commonwealth.

"Domestic violence." As defined in section 2333(e) of the

act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

"Domestic violence program." As defined in 23 Pa.C.S. § 6102

(relating to definitions).

"Education program." [A] An evidence-based sexual violence,

dating violence, domestic violence and stalking prevention and

awareness education program under this article.

"Independent institution of higher education." As defined in

the act of November 29, 2004 (P.L.1383, No.180), known as the

Uniform Crime Reporting Act.

"Institution of higher [education."] education" or

"institution." An independent institution of higher education,

a community college, a State-related institution or a member

institution of the State System of Higher Education.

"Matriculating." Enrolling in an institution of higher

education or private licensed school.

"Private licensed school" or "school." As defined in the act

of December 15, 1986 (P.L.1585, No.174), known as the Private

Licensed Schools Act.

"Rape crisis center." As defined in 42 Pa.C.S. § 5945.1

(relating to confidential communications with sexual assault

counselors).

"Sexual violence." An act of sexual violence as defined in

42 Pa.C.S. § 6402 (relating to definitions).

"Stalking." An act of stalking as defined in 18 Pa.C.S. §

2709.1 (relating to stalking).

A05390 - 115 -

"Student." A person who is enrolled on a full-time basis at

an institution of higher education or private licensed school.

Section 2003-G. Education program.

(a) General rule.--Institutions of higher education and

private licensed schools shall establish [a sexual violence

awareness educational program. Institutions of higher education

and private licensed schools may collaborate with a Statewide

nonprofit organization, local rape crisis center or local sexual

assault program that arranges for the provision of services to

sexual violence and rape victims in the development of a sexual

violence awareness education program.] and implement an

education program for all students. In developing or

implementing an education program, institutions of higher

education and private licensed schools shall consult with a

local rape crisis center and domestic violence program, as

appropriate and if available. The department, in consultation

with the Pennsylvania Coalition Against Rape and the

Pennsylvania Coalition Against Domestic Violence, shall develop

an online clearinghouse of model education programs and other

resources to aid institutions of higher education and private

licensed schools in fulfilling this requirement. Each education

program shall provide the following:

(1) A discussion of sexual violence, dating violence,

domestic violence and stalking.

(2) A discussion of consent, including an explanation

that the victim is not at fault.

(3) A discussion of drug and alcohol-facilitated sexual

violence.

(4) Information relating to risk education and personal

protection.

A05390 - 116 -

(5) Information on where and how to get assistance,

including the importance of medical treatment and evidence

collection, and how to report sexual violence to campus

authorities and local law enforcement.

(6) The possibility of pregnancy and transmission of

sexual diseases.

(7) Introduction of members of the educational community

from:

(i) Campus police or security and local law

enforcement.

(ii) Campus health center, women's center and rape

crisis center.

(iii) Campus counseling service or any service

responsible for psychological counseling and student

affairs.

(8) A promise of discretion and dignity.

(9) A promise of confidentiality for victims of sexual

assault to the extent allowable by law.

(10) Information regarding confidential resources and

services available for victims of sexual violence, dating

violence, domestic violence and stalking.

(b) [Student bill of rights.--Consistent with the campus

sexual assault victims' bill of rights under section 485(f)(8)

of the Higher Education Act of 1965 (Public Law 89-329, 20

U.S.C. § 1092(f)(8)), a student bill of rights shall be made

available to students.] (Reserved).

measures.--A concise notification of rights, accommodations and

protective measures shall be made available in writing and on

the institution of higher education's or private licensed

A05390 - 117 -

school's publicly accessible Internet website to students and

employees, including victims of dating violence, domestic

violence, sexual violence and stalking, regardless of where the

incidences occurred, including information regarding:

(1) Existing counseling, mental health, health care,

victim advocacy, legal assistance and other services

available for victims, both within the institution or school

and in the community.

(2) Available options and assistance regarding how to

report to the institution or school, report to law

enforcement, obtain protections from abuse and sexual

violence protection orders, file for crime victims'

compensation and assistance program and request protective

measures or changes to academic, living, transportation,

working situations or other educational activities.

(d) Notification.--The notification of rights,

accommodations and protective measures required under the Higher

Education Act of 1965 (Public Law 89-329, 20 U.S.C. § 1092(f)

(8)) shall satisfy the requirements of subsection (c).

(e) Accommodations and protective measures.--An institution

and a school shall make accommodations or provide protective

measures, as necessary and reasonably available, at the victim's

request, regardless of whether the victim chooses to report the

crime to campus police or local law enforcement and regardless

of where an incidence occurred.

Section 46. The act is amended by adding a section to read:

Section 2003.1-G. Consent to sexual activity.

Each institution of higher education and private licensed

school shall adopt a definition of consent as part of the

institution's or school's code of conduct or sexual misconduct

A05390 - 118 -

or harassment policy.

Section 47. Sections 2004-G and 2006-G of the act are

amended to read:

Section 2004-G. Follow-up.

An institution of higher education and private licensed

school shall conduct [a] at least one follow-up program for the

[duration of the school year for new] students in the education

program. The follow-up program may consist of the following:

(1) Lecturers and interactive learning programs relating

to sexual violence, dating violence, domestic violence and

stalking prevention and awareness.

(2) Institutional activities relating to sexual

violence, dating violence, domestic violence and stalking

prevention and awareness.

(3) Videos and other educational materials relating to

sexual violence, dating violence, domestic violence and

stalking prevention and awareness.

Section 2006-G. Report.

An institution of higher education and a private licensed

school shall report to the department on the implementation of

the education program [by the institution or school.] under

section 2003-G and an institution of higher education and a

private licensed school shall report to the department on the

implementation of the memorandum of understanding under section

2007-G through the annual attestation of compliance to the

department.

Section 48. The act is amended by adding a section to read:

Section 2007-G. Memorandum of understanding.

(a) General rule.--An institution of higher education and a

private licensed school shall enter into or update at the next

A05390 - 119 -

renewal and maintain a memorandum of understanding with at least

one rape crisis center and one domestic violence program to:

(1) Assist in developing the institution's and school's

policies, programming and training regarding sexual

misconduct and other prohibited behavior, such as sexual

violence, dating violence, domestic violence and stalking,

involving students and employees.

(2) Provide an off-campus alternative for students and

employees of the institution or school to receive free and

confidential services to address sexual harassment and sexual

violence, dating violence, domestic violence and stalking,

including:

(i) crisis and longer-term counseling;

(ii) support in navigating campus and community

reporting options; and

(iii) access to legal assistance, sexual violence

protection and protection from intimidation orders, crime

victims' compensation, a forensic rape exam conducted by

a sexual assault nurse examiner, if available, and other

services.

(3) Ensure that a student or employee of the institution

or school is notified of free and confidential sources of

support, counseling and advocacy services and how to access

the services both on and off campus.

(4) Ensure cooperation and cross-training between the

institution or school and the rape crisis center or domestic

violence center to ensure an understanding of the roles that

each respectively should play in responding to reports and

disclosures of sexual misconduct and other prohibited

behavior, such as dating violence, domestic violence and

A05390 - 120 -

stalking against students and employees of the institution or

school and the institution's or school's protocols for

investigating and adjudicating such misconduct and for

providing support and services to students and employees.

(5) Consult in the development or implementation of an

education program under section 2003-G.

(b) Agreement to provide services.--Each memorandum of

understanding may include an agreement, including a fee

structure, between the rape crisis center or domestic violence

program and the institution of higher education or private

licensed school to provide confidential victim services.

memorandum of understanding under subsection (b), an institution

of higher education or private licensed school may apply to the

department for an It's on Us grant to offset those costs from

funds appropriated to the department for sexual assault

prevention.

(d) Good-faith waiver.--The department may waive the

requirements of this section in the case of an institution or

school that provides an attestation through the annual

attestation of compliance submitted to the department that it

acted in good faith but was unable to obtain a signed

memorandum.

Section 49. Section 2001-I(d) and (i)(13) of the act,

amended June 30, 2021 (P.L.158, No.26), is amended to read:

Section 2001-I. Public Higher Education Funding Commission.

* * *

(d) Meetings.--

(1) The commission shall hold its first meeting within

45 days of the effective date of this section, regardless of

A05390 - 121 -

whether all legislative caucuses have approved members to the

commission.

(2) The commission shall hold meetings at the call of

the chair.

(3) Notwithstanding paragraphs (1) and (2), the

commission may not convene a meeting until January 23, 2023.

* * *

(i) Additional powers and duties.--* * *

(13) Issue a report of the commission's findings and

recommendations to the Governor, the President pro tempore of

the Senate, the Speaker of the House of Representatives, the

Majority Leader and Minority Leader of the Senate, the

Majority Leader and Minority Leader of the House of

Representatives, the Secretary of Education, the State Board

of Education, the Appropriations Committee of the Senate, the

Appropriations Committee of the House of Representatives, the

Education Committee of the Senate and the Education Committee

of the House of Representatives not later than [May 31, 2022]

October 31, 2024.

* * *

Section 50. The act is amended by adding sections to read:

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

funding model.

(a) Duty of commission.--Beginning January 23, 2023, the

commission shall develop a performance-based funding model no

later than June 15, 2023, to distribute State funding to the

State-related universities. A performance-based funding model

may include a base funding amount and minimum eligibility

thresholds to evaluate achievement of performance-based metrics.

The commission may include the following metrics in the model:

A05390 - 122 -

(1) The four-year graduation rate for baccalaureate

students.

(2) The four-year graduation rate for first-time-in-

college students.

(3) The six-year graduation rate for students who are

awarded a Pell Grant in their first year.

(4) The percentage of undergraduate students enrolled

who received a Pell Grant during the previous school year.

(5) Student retention rates.

(6) Bachelor's degree production.

(7) Net tuition and fees per 120 credit hours.

(8) Postgraduation employment rates and salaries,

including wage thresholds, that reflect the added value of a

baccalaureate degree.

(9) The number and percentage of students enrolled, and

degrees attained in fields determined to be of importance to

this Commonwealth by the commission.

(10) The number and percentage of high school students

who are dual-enrolled and the number of credits earned.

(11) The percentage of credits articulated.

(12) Other metrics listed in section 2001-I(h), or as

determined by the commission.

(b) Other considerations.--As part of the development of the

performance-based funding model, the commission may consider the

following:

(1) Adjusting a performance-based funding incentive

payment if a State-related university fails to meet the

minimum eligibility thresholds.

(2) Establishing an improvement plan to assist a State-

related university to make satisfactory progress toward

A05390 - 123 -

meeting the minimum eligibility thresholds.

(3) A process to award or redistribute money for meeting

the minimum eligibility thresholds and rewarding

institutional excellence.

The performance-based funding model developed by the commission

shall not go into effect unless the model is approved by an act

of the General Assembly enacted after the effective date of this

section.

(d) Level of State funding.--The General Assembly shall,

through the annual nonpreferred appropriations process,

determine the level of State funding for a State-related

university.

(e) 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:

"Base State funding." The minimum amount of funding, as

recommended by the commission, to be appropriated to each State-

related university for the 2023-2024 fiscal year.

"Commission." The Public Higher Education Funding Commission

established under section 2001-I.

"Institutional investment." A reallocated percentage of the

base State funding.

"Performance-based funding incentive payment." Consists of

the following:

(1) Institutional investment.

(2) State investment for excellence.

"State-related university." The Pennsylvania State

University, the University of Pittsburgh and Temple University

and associated branch campuses.

A05390 - 124 -

"State investment for excellence." An amount appropriated by

the General Assembly that exceeds the base State funding and is

used to reward excellence as measured by the performance-based

funding metrics determined by the commission.

Section 2003-I. Prohibition on scholarship displacement at

public institutions of higher education.

(a) General rule.--A public institution of higher education

may reduce a student's institutional financial aid as a result

of the awarding of private scholarships to the student only

under the circumstances enumerated in subsections (b) and (c).

(b) When institutional financial aid exceeds cost of

attendance.--If a student's total financial aid from all sources

exceeds the student's cost of attendance, a public institution

of higher education may reduce the student's institutional

financial aid until the student's total financial aid no longer

exceeds the student's cost of attendance.

public institution of higher education, the public institution

of higher education may reduce the student's institutional

financial aid in order to comply with the individual or team

financial aid restrictions of an athletic association,

conference or other group or organization with authority over

intercollegiate athletics, including, but not limited to, the

National Collegiate Athletic Association.

(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:

"Cost of attendance." The average annual cost for a student

to attend a college or university, including tuition and fees,

room and board, books, supplies and other expenses and is used

A05390 - 125 -

to calculate financial aid of an eligible student under Title IV

of the Higher Education Act of 1965 (Public Law 89-329, 20

U.S.C. § 1070 et. seq.).

"Institutional financial aid." The sum of all need-based and

merit-based grants, scholarships, tuition waivers and all other

forms of financial assistance provided to a student by a public

institution of higher education that are not loans or work-study

programs.

"Private scholarship." A scholarship awarded by a business,

private foundation, nonprofit organization or service group.

The term does not include an award funded by a private

organization which is affiliated with a public institution of

higher education and requests the public institution of higher

education's assistance in selecting the recipient of the award.

"Public institution of higher education." Any of the

following:

(1) A community college operating under Article XIX-A.

(2) A rural regional college established under Article

XIX-G.

(3) A university within the State System of Higher

Education under Article XX-A.

(4) A State-related institution as defined in section

2001-C.

(5) The Thaddeus Stevens College of Technology.

(6) The Pennsylvania College of Technology.

"Student." An individual enrolled at a public institution of

higher education.

Section 51. Section 2204-B(b)(1) of the act is amended to

read:

Section 2204-B. Agency.

A05390 - 126 -

* * *

(b) Eligibility criteria.--The eligibility criteria

developed for the receipt of a scholarship under subsection (a)

shall, at a minimum, require all of the following:

(1) Total annual household income not to exceed

[$110,000] $126,000. With each new award year, the agency may

annually adjust the total annual household income threshold

under this paragraph to reflect any upward changes in the

Consumer Price Index for All Urban Consumers (CPI-U) for the

Pennsylvania, New Jersey, Delaware and Maryland area.

* * *

Section 52. The act is amended by adding a section to read:

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

Notwithstanding any other provision of law to the contrary,

each library subject to 24 Pa.C.S. Ch. 93 (relating to public

library code), shall be eligible for State aid for fiscal year

2022-2023 as follows:

(1) Funds appropriated for libraries shall be

distributed to each library under the following formula:

(i) Divide the amount of funding that the library

received in fiscal year 2021-2022 under section 2325 by

the total State-aid subsidy for fiscal year 2021-2022.

(ii) Multiply the quotient under subparagraph (i) by

$69,720,000.

(2) The amount of $750,000 shall be distributed by the

State Librarian to district library centers that received

less than the amount specified under 24 Pa.C.S. § 9338(b)(2)

(relating to district library center aid) in fiscal year

2012-2013 through fiscal year 2021-2022.

(3) Following distribution of funds appropriated for

A05390 - 127 -

State aid to libraries under paragraphs (1) and (2), any

remaining funds may be distributed at the discretion of the

State Librarian.

(4) If funds appropriated for State aid to libraries in

fiscal year 2022-2023 are less than funds appropriated in

fiscal year 2002-2003, the State Librarian may waive

standards as prescribed in 24 Pa.C.S. Ch. 93 (relating to

public library code).

(5) Each library system receiving State aid under this

section may distribute the local library share of that aid in

a manner as determined by the board of directors of the

library system.

(6) In the case of a library system that contains a

library operating in a city of the second class, changes to

the distribution of State aid to the library shall be made by

mutual agreement between the library and the library system.

(7) In the event of a change in district library center

population prior to the effective date of this section as a

result of:

(i) a city, borough, town, township, school district

or county moving from one library center to another; or

(ii) a transfer of district library center status to

a county library system;

funding of district library center aid shall be paid based on

the population of the newly established or reconfigured

district library center.

(8) In the event of a change in direct service area from

one library to another, the State Librarian, upon agreement

of the affected libraries, may redistribute the local library

share of aid to the library currently servicing the area.

A05390 - 128 -

Section 53. Section 2502.8(b) of the act is amended to read:

Section 2502.8. Payments on Account of Pupils Enrolled in

Career and Technical Curriculums.--* * *

(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 career and technical

curriculums; for the 1985-1986 school year through the 1999-2000

school year, each school district and area career and technical

school shall be paid an amount on account of students enrolled

in career and technical curriculums; for the 2000-2001 school

year and each school year thereafter, each school district, area

career and technical school and charter school shall be paid an

amount on account of students enrolled in 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 career and technical curriculums in area

career and technical schools by twenty-one hundredths (.21) and

the number of students in average daily membership in school

district and charter school career and technical curriculums by

seventeen hundredths (.17)[.]; except, for the 2021-2022 school

year and each fiscal year thereafter, determine the increase in

the weighted average daily membership by multiplying the number

of students in average daily membership in career and technical

curriculums in area career and technical schools by two thousand

two hundred seventy-six ten thousandths (.2276) and the number

of students in average daily membership in school district and

charter school career and technical curriculums by one thousand

eight hundred forty-four ten thousandths (.1844).

A05390 - 129 -

(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 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 career and technical

school or charter school which provides the programs upon which

reimbursement is based.

* * *

Section 54. Section 2502.53(b) of the act, amended June 30,

2021 (P.L.158, No.26), is amended to read:

Section 2502.53. Student-Weighted Basic Education Funding.--

* * *

(b) For the 2015-2016 school year and each school year

thereafter, except the 2019-2020 school year which shall be

governed by subsection (b.1), the Commonwealth shall pay to each

school district a basic education funding allocation which shall

consist of the following:

(1) An amount equal to the school district's basic education

funding allocation for the 2013-2014 school year.

(2) A student-based allocation to be calculated as follows:

(i) Multiply the school district's student-weighted average

A05390 - 130 -

daily membership by the median household income index and local

effort capacity index.

(ii) Multiply the product in subparagraph (i) by the

difference between the amount appropriated for the allocation of

basic education funding to school districts and the amount

appropriated for the allocation in paragraph (1).

(iii) Divide the product in subparagraph (ii) by the sum of

the products in subparagraph (i) for all school districts.

(iv) For the 2018-2019 school year, the difference

determined under subparagraph (ii) shall be $698,667,244.

(v) For the 2020-2021 school year, the difference determined

under subparagraph (ii) shall be $898,667,244.

(vi) For the 2021-2022 school year, the difference

determined under subparagraph (ii) shall be $1,423,667,244.

* * *

Section 55. The act is amended by adding a section to read:

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

Year.--The Commonwealth shall pay to qualifying school districts

a Level-Up Supplement allocation for the 2021-2022 school year

as follows:

(1) There shall be a determination of the qualifying school

districts with an amount less than or equal to the amount that

represents the twentieth percentile for all school districts in

the following calculation:

(i) For each of the five preceding school years, calculate

the following:

(A) For each school district, the sum of the amount of

student weights calculated under section 2502.53(c)(1)(ii),

(iii), (iv), (v) and (vi) and the amount of weighted special

education headcounts calculated under section 2509.5(bbb)(2)(i).

A05390 - 131 -

(B) For each school district, divide the current

expenditures by the sum calculated for the school district in

clause (A).

quotients calculated under clause (B).

(ii) (Reserved).

(2) Qualifying school districts determined under paragraph

(1) shall receive an amount calculated as follows:

(i) For each qualifying school district, multiply the

product in section 2502.53(b)(2)(i) for the 2021-2022 school

year by $225,000,000.

(ii) Divide the product in subparagraph (i) by the sum of

the products in section 2502.53(b)(2)(i) for the 2021-2022

school year for all qualifying school districts.

(3) Payments made under this section shall be deemed to be

part of the school district's allocation amount under section

2502.53(b)(1) for the 2022-2023 school year and each school year

thereafter.

(4) The provisions contained in sections 2502.53 and 2509.5

shall apply to the calculation of the respective factors in this

section.

Section 56. Section 2509.1(c.2)(1) of the act, amended June

30, 2021 (P.L.158, No.26), is amended to read:

Section 2509.1. Payments to Intermediate Units.--* * *

(c.2) The following apply:

(1) For the 2016-2017, 2017-2018, 2018-2019, 2019-2020,

2020-2021 [and], 2021-2022 and 2022-2023 school years, five and

five-tenths percent (5.5%) of the State special education

appropriation shall be paid to intermediate units on account of

special education services.

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* * *

Section 57. Section 2509.5(bbb)(2)(i), (vii) and (viii) of

the act are amended and the paragraph is amended by adding

subparagraphs to read:

Section 2509.5. Special Education Payments to School

Districts.--* * *

(bbb) * * *

(2) For the purposes of paragraph (1)(i):

(i) [The] Except as otherwise provided in subparagraph

(i.1), the weighted special education student headcount for each

school district shall be the sum of the following:

(A) The number of special education students who reside in

the school district for which the annual expenditure is in

Category 1 multiplied by one and fifty-one hundredths (1.51).

(B) The number of special education students who reside in

the school district for which the annual expenditure is in

Category 2 multiplied by three and seventy-seven hundredths

(3.77).

the school district for which the annual expenditure is in

Category 3 multiplied by seven and forty-six hundredths (7.46).

(i.1) Beginning in the 2022-2023 school year and each year

thereafter, the weighted special education student headcount for

each school district shall be the sum of the following:

(A) The most recent three-year average of the number of

special education students who reside in the school district for

which the annual expenditure is in Category 1 multiplied by one

and sixty-four hundredths (1.64).

(B) The most recent three-year average of the number of

special education students who reside in the school district for

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which the annual expenditure is in Category 2 multiplied by

three and eight hundredths (3.08).

special education students who reside in the school district for

which the annual expenditure is in Category 3 multiplied by six

and thirty-four hundredths (6.34).

* * *

(vii) The dollar ranges for the annual expenditure amounts

designated as Category 1, Category 2 and Category 3 under

subparagraph (i) shall be based on the information reported to

the department under section 1372(8). For the purposes of

subparagraph (i), Category 3 shall be the sum of the students

reported in Categories 3A and 3B under section 1372(8)[.], and

for any school year in which information is compiled and

available for Category 1A and Category 1B under section 1372(8),

Category 1 shall be the sum of Category 1A and Category 1B.

(viii) [The data used to calculate the weighted special

education student headcount under subparagraph (i) shall be

based on information from the most recent year for which data is

available as determined by the Department of Education.] The

data used to calculate the provisions under subparagraphs (ii),

(iii) and (vi) shall be averaged for the three most recent years

for which data is available as determined by the Department of

Education.

(ix) The data used for the calculations made in this section

shall be fixed as of the first day of June preceding the school

year in which the allocation occurs. Data fixed on the first day

of June shall be revised by the Department of Education if it is

subsequently found to be incorrect.

* * *

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Section 58. Section 2510.3(a)(2) of the act, amended June

30, 2021 (P.L.158, No.26), is amended to read:

Section 2510.3. Assistance to School Districts Declared to

be in Financial Recovery Status or Identified for Financial

Watch Status.--(a) The following apply:

* * *

(2) For the 2017-2018, 2018-2019, 2019-2020, 2020-2021

[and], 2021-2022 and 2022-2023 fiscal years, the Department of

Education may utilize up to seven million dollars ($7,000,000)

of undistributed funds not expended, encumbered or committed

from appropriations for grants, subsidies and assessments made

to the Department of Education to assist school districts

declared to be in financial recovery status under section 621-A,

identified for financial watch status under section 611-A or

identified for financial watch status under section 694-A;

except that the funds must be first utilized to accomplish the

provisions contained in section 695-A. The funds shall be

transferred by the Secretary of the Budget to a restricted

account as necessary to make payments under this section and,

when transferred, are hereby appropriated to carry out the

provisions of this section.

* * *

Section 59. Sections 2574 and 2599.6 of the act are amended

by adding subsections to read:

Section 2574. Approved Reimbursable Rental for Leases

Hereafter Approved and Approved Reimbursable Sinking Fund

Charges on Indebtedness.--* * *

(g) (1) Reimbursement documentation for an approved school

building project that has unclaimed prior year reimbursements

for payments made prior to July 1, 2017, must be submitted, in a

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complete and approvable form, to the department by December 31,

2023. A claim for reimbursement that is not submitted or remains

incomplete or unapproved by the department as of December 31,

2023, shall expire.

(2) The department shall send to applicants a notice that

details the unclaimed prior year reimbursements for which

documentation must be submitted no later than 60 days after the

effective date of this subsection. The department shall send a

subsequent notice no later than January 1, 2023.

Section 2599.6. Ready-to-Learn Block Grant.--* * *

(a.2) For the 2022-2023 school year and each school year

thereafter, each school entity shall receive a Ready-to-Learn

Block Grant in an amount not less than the amount received by

the school entity from the appropriation for the Ready-to-Learn

Block Grant during 2021-2022 fiscal year.

(a.3) For the 2022-2023 school year, the sum of $100,000,000

shall be transferred within 15 days of the effective date of

this subsection from the appropriation to the Department of

Education for the Ready-to-Learn Block Grant to the School

Safety and Security Fund.

* * *

Section 60. Section 2608-J of the act, amended June 30, 2021

(P.L.158, No.26), is amended to read:

Section 2608-J. Applicability.

This article shall apply to projects for which approval and

reimbursement is sought and to the maintenance project grant

program beginning July 1, [2022] 2023.

Section 61. The following shall apply:

(1) The amendment of section 1525 of the act shall apply

to any agreement between a school district and an institution

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of higher education entered into or renewed after the

effective date of this section.

(2) The addition of section 2003.1-G of the act shall

apply to school years that begin after the effective date of

this section.

Section 62. This act shall take effect as follows:

(1) The following shall take effect December 31, 2022:

(i) The addition of section 2007-G of the act.

(ii) (Reserved).

(2) The following shall take effect July 1, 2023:

(i) The amendment of sections 2001-G, 2003-G, 2004-G

and 2006-G.

(ii) (Reserved).

(3) The remainder of this act shall take effect

immediately.

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