See other bills
under the
same topic
                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 120, 1125, 1131          PRINTER'S NO. 1169

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 123 Session of 1997


        INTRODUCED BY MOWERY, SALVATORE, HART, TOMLINSON, JUBELIRER,
           AFFLERBACH, THOMPSON, MUSTO, KASUNIC, RHOADES, HELFRICK, DELP
           AND PICCOLA, JANUARY 21, 1997

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 11, 1997

                                     AN ACT

     1  Providing for a feasibility study relating to the establishment
     2     of a Pennsylvania Science Partnership Program; PROVIDING FOR   <--
     3     A PROGRAM OF RESIDENTIAL EDUCATION FOR AT-RISK SECONDARY
     4     STUDENTS; ESTABLISHING THE PENNSYLVANIA RESIDENTIAL EDUCATION
     5     BOARD AND THE RESIDENTIAL EDUCATION SUPPORT FUND; AND MAKING
     6     APPROPRIATIONS.

     7     The General Assembly finds and declares as follows:
     8         (1)  A well-trained and well-educated work force is
     9     essential to the economic well-being of this Commonwealth.
    10         (2)  Many of the fastest growing sectors of the economy
    11     are in areas which require technical competence and an
    12     educational background that includes a solid foundation in
    13     the chemical, physical, biological and earth sciences.
    14         (3)  Sharing resources is a cost-effective and proven
    15     method of ensuring that all of this Commonwealth's school
    16     children have access to a high-quality science curriculum
    17     that provides hand-on experience with modern and
    18     sophisticated scientific and technical equipment to prepare


     1     students for the high technology demands of the 21st century.
     2         (4)  Significant opportunities exist for collaboration
     3     between the basic education and higher education systems of
     4     this Commonwealth to enhance the education of this
     5     Commonwealth's school children.
     6         (5)  Students need the opportunity to learn science by
     7     practicing science. This Commonwealth must graduate students
     8     who are more scientifically literate and who are better able
     9     to pursue careers and jobs in fields that require such
    10     literacy.
    11         (6)  Teachers who are the only physics or chemistry
    12     teacher in their school need not work in isolation.
    13         (7)  Teachers require greater opportunities for
    14     professional development in science, including training to
    15     incorporate new science equipment into the teaching
    16     curricula.
    17         (8)  It is therefore the intent of the General Assembly
    18     and the A purpose of this act to direct the Department of      <--
    19     Education to examine the feasibility of establishing the
    20     Pennsylvania Science Partnership Program to provide enhanced
    21     educational opportunities in the fields of science to this
    22     Commonwealth's school children, especially children attending
    23     schools that do not have the financial resources to provide
    24     an enriched science curriculum.
    25         (9)  A SUBSTANTIAL PROPORTION OF THE CHILDREN OF THIS      <--
    26     COMMONWEALTH IN LOW-INCOME FAMILIES ARE GROWING UP UNDER THE
    27     THREAT OF HAVING THEIR FUTURES BLIGHTED BY THE SCOURGES OF
    28     DRUGS AND VIOLENT CRIME, PARTICULARLY IN OUR URBAN SCHOOL
    29     DISTRICTS.
    30         (10)  AT-RISK CHILDREN MAY STAND A BETTER CHANCE OF
    19970S0123B1169                  - 2 -

     1     BECOMING PRODUCTIVE AND WELL-ADJUSTED CITIZENS IF THEY HAVE
     2     THE OPPORTUNITY TO BE EDUCATED AT AN ALTERNATIVE FACILITY
     3     THAT OFFERS A RESIDENTIAL PROGRAM, SINCE SUCH A PROGRAM WILL
     4     PROVIDE A SECURE AND NUTURING ENVIRONMENT THAT PROMOTES
     5     LEARNING.
     6         (11)  A RESIDENTIAL SCHOOL PROGRAM CAN SUCCEED ONLY WITH
     7     THE COOPERATION AND SUPPORT OF THE CHILD'S PARENTS.
     8         (12)  PUBLIC FUNDING MAY ENCOURAGE PRIVATE PROVIDERS TO
     9     CREATE NEW RESIDENTIAL EDUCATION OR OPEN UP EXISTING
    10     RESIDENTIAL EDUCATION TO AT-RISK CHILDREN.
    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13                             CHAPTER 1                              <--
    14                 FEASIBILITY STUDY OF PENNSYLVANIA
    15                    SCIENCE PARTNERSHIP PROGRAM
    16  SECTION 1.  DEFINITIONS.
    17  SECTION 2.  REPORTS.
    18  Section 1.  Definitions.
    19     The following words and phrases when used in this act CHAPTER  <--
    20  shall have the meanings given to them in this section unless the
    21  context clearly indicates otherwise:
    22     "Department."  The Department of Education of the
    23  Commonwealth.
    24     "Higher education institution."  Any public or private two-
    25  year or four-year or higher postsecondary institution in this
    26  Commonwealth that has been accredited at the college level by an
    27  accrediting agency recognized by the United States Secretary of
    28  Education, or equivalent.
    29  Section 2.  Reports.
    30     The department shall file a report with the Governor and with
    19970S0123B1169                  - 3 -

     1  the chairman and minority chairman of the Education Committee of
     2  the Senate and the chairman and minority chairman of the
     3  Education Committee of the House of Representatives on the
     4  feasibility of establishing a Pennsylvania Science Partnership
     5  Program by January 1, 1998. The report shall describe the types
     6  of science partnerships created in selected communities of this
     7  Commonwealth, to be determined by the Secretary of Education. At
     8  a minimum, programs of this type in Philadelphia, Pittsburgh and
     9  at Juniata College and Lebanon Valley College shall be examined.
    10  The department shall consider the benefits of the partnership
    11  and the involvement of school districts, higher education
    12  institutions and science museums. The department shall survey
    13  school districts to determine the number of elementary and
    14  secondary education students participating in various science
    15  programs, a detailed breakdown of the costs of these programs
    16  and the impact of the programs on the level of scientific
    17  knowledge of school children.
    18  Section 3.  Effective date.                                       <--
    19     This act shall take effect immediately.
    20                             CHAPTER 2                              <--
    21                       RESIDENTIAL EDUCATION
    22  SECTION 11.  SHORT TITLE OF CHAPTER.
    23  SECTION 12.  DEFINITIONS.
    24  SECTION 13.  LEGISLATIVE PURPOSE.
    25  SECTION 14.  PENNSYLVANIA RESIDENTIAL EDUCATION BOARD.
    26  SECTION 15.  POWERS AND DUTIES.
    27  SECTION 16.  ELIGIBILITY AND APPLICATIONS.
    28  SECTION 17.  RESIDENTIAL EDUCATION PROGRAMS.
    29  SECTION 18.  AWARD OF CONTRACTS.
    30  SECTION 19.  RESIDENTIAL EDUCATION SUPPORT FUND.
    19970S0123B1169                  - 4 -

     1  SECTION 20.  TUITION CHARGES.
     2  SECTION 21.  REPORTS.
     3  SECTION 22.  APPOINTMENTS.
     4  SECTION 23.  APPROPRIATION.
     5  SECTION 24.  EFFECTIVE DATE.
     6  SECTION 11.  SHORT TITLE OF CHAPTER.
     7     THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
     8  RESIDENTIAL EDUCATION ACT.
     9  SECTION 12.  DEFINITIONS.
    10     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    11  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    12  CONTEXT CLEARLY INDICATES OTHERWISE:
    13     "AFDC."  THE AID TO FAMILIES WITH DEPENDENT CHILDREN
    14  PROVISIONS OF TITLE IV OF THE SOCIAL SECURITY ACT (49 STAT. 620,
    15  42 U.S.C. § 601 ET SEQ.).
    16     "BOARD."  THE PENNSYLVANIA RESIDENTIAL EDUCATION BOARD
    17  ESTABLISHED BY THIS CHAPTER.
    18     "DISRUPTIVE STUDENT."  A STUDENT WHO POSES A CLEAR THREAT TO
    19  THE SAFETY AND WELFARE OF OTHER STUDENTS OR THE SCHOOL STAFF,
    20  WHO CREATES AN UNSAFE SCHOOL ENVIRONMENT OR WHOSE BEHAVIOR
    21  MATERIALLY INTERFERES WITH THE LEARNING OF OTHER STUDENTS OR
    22  DISRUPTS THE OVERALL EDUCATION PROCESS. THE DISRUPTIVE STUDENT
    23  EXHIBITS TO A MARKED DEGREE ANY OR ALL OF THE FOLLOWING
    24  CONDITIONS:
    25         (1)  DISREGARD OF SCHOOL AUTHORITY, INCLUDING PERSISTENT
    26     VIOLATION OF SCHOOL POLICY AND RULES.
    27         (2)  DISPLAY OF OR USE OF CONTROLLED SUBSTANCES ON SCHOOL
    28     PROPERTY OR DURING SCHOOL-AFFILIATED ACTIVITIES.
    29         (3)  VIOLENT OR THREATENING BEHAVIOR.
    30         (4)  POSSESSION OF A WEAPON ON SCHOOL PROPERTY, AS
    19970S0123B1169                  - 5 -

     1     DEFINED UNDER 18 PA.C.S. § 912 (RELATING TO POSSESSION OF
     2     WEAPON ON SCHOOL PROPERTY).
     3         (5)  COMMISSION OF A CRIMINAL ACT ON SCHOOL PROPERTY.
     4         (6)  MISCONDUCT THAT WOULD MERIT SUSPENSION OR EXPULSION
     5     UNDER SCHOOL POLICY.
     6         (7)  HABITUAL TRUANCY.
     7  NO STUDENT WHO IS ELIGIBLE FOR SPECIAL EDUCATION SERVICES
     8  PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
     9  (PUBLIC LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) SHALL BE DEEMED A
    10  DISRUPTIVE STUDENT FOR THE PURPOSES OF THIS CHAPTER, EXCEPT AS
    11  PROVIDED FOR BY THE DEPARTMENT OF EDUCATION BY APPLICABLE
    12  REGULATIONS.
    13     "ELIGIBLE STUDENT."  A STUDENT ACCEPTED INTO THE PROGRAM
    14  ESTABLISHED BY THIS CHAPTER PURSUANT TO SECTION 16.
    15     "FUND."  THE RESIDENTIAL EDUCATION SUPPORT FUND ESTABLISHED
    16  BY SECTION 19.
    17     "HIGH SCHOOL TUITION CHARGE."  THE AMOUNT COMPUTED UNDER
    18  SECTION 2561(3) OF THE PUBLIC SCHOOL CODE, APPLICABLE TO PUPILS
    19  ATTENDING JUNIOR AND SENIOR HIGH SCHOOL.
    20     "INDEPENDENT AGENCY."  AS DEFINED IN 42 PA.C.S. § 102
    21  (RELATING TO DEFINITIONS).
    22     "PARENT."  INCLUDES A GUARDIAN OR PERSON IN LOCO PARENTIS.
    23     "PUBLIC SCHOOL CODE."  THE PROVISIONS OF THE ACT OF MARCH 10,
    24  1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
    25     "RESIDENTIAL SCHOOL."  A SCHOOL THAT OFFERS A PROGRAM OF
    26  SECONDARY EDUCATION TO STUDENTS WHO RESIDE ON SCHOOL PROPERTY.
    27  THE TERM DOES NOT INCLUDE A HOME EDUCATION PROGRAM PROVIDED
    28  PURSUANT TO SECTION 1327.1 OF THE PUBLIC SCHOOL CODE.
    29     "SCHOOL."  ANY PUBLIC OR NONPUBLIC SECONDARY SCHOOL LOCATED
    30  WITHIN THIS COMMONWEALTH WHERE A COMMONWEALTH RESIDENT MAY
    19970S0123B1169                  - 6 -

     1  LEGALLY FULFILL THE COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS
     2  AND WHICH MEETS THE APPLICABLE REQUIREMENTS OF TITLE VI OF THE
     3  CIVIL RIGHTS ACT OF 1964 (PUBLIC LAW 88-352, 78 STAT. 241).
     4     "SECRETARY."  THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.
     5  SECTION 13.  LEGISLATIVE PURPOSE.
     6     THE PURPOSE OF THIS CHAPTER IS TO FACILITATE THE
     7  ESTABLISHMENT OF RESIDENTIAL SECONDARY SCHOOLS IN WHICH AT-RISK
     8  CHILDREN MAY OBTAIN THEIR EDUCATION IN A SAFE, HEALTHY AND
     9  NURTURING ENVIRONMENT.
    10  SECTION 14.  PENNSYLVANIA RESIDENTIAL EDUCATION BOARD.
    11     (A)  ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED AN
    12  INDEPENDENT AGENCY WHICH SHALL BE KNOWN AS THE PENNSYLVANIA
    13  RESIDENTIAL EDUCATION BOARD.
    14     (B)  PURPOSE.--THE PURPOSE OF THE BOARD SHALL BE TO PROVIDE
    15  FOR THE EDUCATION OF THE ELIGIBLE STUDENTS.
    16     (C)  BOARD OF DIRECTORS.--THE BOARD SHALL BE GOVERNED AND ITS
    17  CORPORATE POWERS SHALL BE EXERCISED BY A BOARD OF DIRECTORS,
    18  WHICH SHALL CONSIST OF 15 MEMBERS, INCLUDING THE SECRETARY AND
    19  THE SECRETARY OF PUBLIC WELFARE, FIVE MEMBERS APPOINTED BY THE
    20  GOVERNOR, TWO MEMBERS APPOINTED BY THE PRESIDENT PRO TEMPORE OF
    21  THE SENATE, TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE
    22  SENATE, TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF
    23  REPRESENTATIVES AND TWO MEMBERS APPOINTED BY THE MINORITY LEADER
    24  OF THE HOUSE OF REPRESENTATIVES. THE TERM OF OFFICE FOR EACH
    25  MEMBER OTHER THAN THE SECRETARY AND THE SECRETARY OF PUBLIC
    26  WELFARE SHALL BE FOUR YEARS FROM HIS OR HER APPOINTMENT OR UNTIL
    27  A SUCCESSOR HAS BEEN DULY APPOINTED AND QUALIFIED, BUT NO LONGER
    28  THAN SIX MONTHS BEYOND THE FOUR-YEAR PERIOD. THREE OF THE
    29  MEMBERS APPOINTED BY THE GOVERNOR AND ONE OF THE MEMBERS
    30  APPOINTED BY EACH OF THE OFFICERS OF THE GENERAL ASSEMBLY SHALL
    19970S0123B1169                  - 7 -

     1  SERVE INITIAL TERMS OF TWO YEARS. NO MEMBER MAY SERVE MORE THAN
     2  TWO CONSECUTIVE TERMS, EXCEPT THAT MEMBERS APPOINTED FOR AN
     3  INITIAL TERM OF TWO YEARS MAY SERVE TWO CONSECUTIVE FOUR-YEAR
     4  TERMS IMMEDIATELY AFTER THE INITIAL TERM. THE BOARD SHALL ELECT
     5  FROM ITS OWN MEMBERS EACH YEAR A CHAIR AND VICE CHAIR WHO SHALL
     6  SERVE FOR TERMS OF ONE YEAR AND WHO SHALL BE ELIGIBLE FOR
     7  REELECTION FOR SUCCESSIVE TERMS. VACANCIES SHALL BE FILLED FOR
     8  THE UNEXPIRED TERMS IN THE SAME MANNER AS THE ORIGINAL
     9  APPOINTMENTS.
    10     (D)  EXPENSES.--DIRECTORS SHALL RECEIVE NO COMPENSATION FOR
    11  THEIR SERVICES, BUT SHALL BE REIMBURSED FOR THEIR EXPENSES
    12  ACTUALLY AND REASONABLY INCURRED BY THEM IN THE PERFORMANCE OF
    13  THEIR DUTIES.
    14     (E)  MEETINGS.--THE BOARD OF DIRECTORS SHALL PROVIDE FOR
    15  GENERAL AND SPECIAL MEETINGS. SEVEN DIRECTORS ATTENDING SHALL
    16  CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS AND,
    17  UNLESS A GREATER NUMBER IS REQUIRED BY THE BYLAWS OF THE BOARD,
    18  THE ACT OF A MAJORITY OF THE MEMBERS PRESENT AT ANY MEETING
    19  SHALL BE DEEMED THE ACT OF THE BOARD. THE BOARD SHALL ADOPT
    20  BYLAWS FOR THE BOARD AND MAY APPOINT SUCH OFFICERS AND EMPLOYEES
    21  AS IT DEEMS ADVISABLE AND MAY FIX THEIR COMPENSATION AND
    22  PRESCRIBE THEIR DUTIES.
    23     (F)  ADMINISTRATIVE SUPPORT OF BOARD.--ADMINISTRATIVE SUPPORT
    24  FOR THE BOARD SHALL BE PROVIDED BY THE DEPARTMENT. THE
    25  DEPARTMENT SHALL PERIODICALLY CONSULT WITH THE BOARD REGARDING
    26  THE ADMINISTRATIVE NEEDS OF THE BOARD.
    27     (G)  ABSENCES.--AN APPOINTED MEMBER WHO FAILS TO ATTEND THREE
    28  CONSECUTIVE BOARD MEETINGS SHALL FORFEIT MEMBERSHIP ON THE BOARD
    29  UNLESS THE CHAIR, UPON WRITTEN REQUEST OF THE MEMBER, DETERMINES
    30  THAT THE MEMBER SHALL BE EXCUSED FROM A MEETING OR MEETINGS FOR
    19970S0123B1169                  - 8 -

     1  REASONABLE CAUSE.
     2  SECTION 15.  POWERS AND DUTIES.
     3     THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES, IN
     4  ADDITION TO ANY OTHERS PROVIDED BY THIS CHAPTER:
     5         (1)  TO SELECT, FUND AND SUPERVISE PROVIDERS OF
     6     RESIDENTIAL EDUCATION PROGRAMS IN ACCORDANCE WITH THE
     7     PROVISIONS OF THIS CHAPTER.
     8         (2)  TO ENTER INTO CONTRACTS WITH THE PROVIDERS IN
     9     ACCORDANCE WITH SECTION 18 WITH RESPECT TO RESIDENTIAL
    10     EDUCATION PROGRAMS.
    11         (3)  TO SELECT THE STUDENTS ELIGIBLE TO PARTICIPATE IN
    12     THE RESIDENTIAL EDUCATION PROGRAM PURSUANT TO SECTION 16.
    13         (4)  TO PLACE ELIGIBLE STUDENTS IN RESIDENTIAL SCHOOLS
    14     THAT AGREE TO ACCEPT THEM.
    15         (5)  TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO
    16     PUBLIC AND NONPUBLIC SCHOOLS THAT WISH TO ESTABLISH
    17     RESIDENTIAL SCHOOLS FOR AT-RISK CHILDREN.
    18         (6)  TO SOLICIT AND ACCEPT GIFTS, GRANTS, LOANS AND OTHER
    19     AID FROM ANY PERSON OR FROM FEDERAL, STATE OR LOCAL
    20     GOVERNMENT.
    21         (7)  TO PROMULGATE RULES AND REGULATIONS AND ADOPT
    22     ADMINISTRATIVE GUIDELINES RELATING TO ITS ACTIVITIES,
    23     INCLUDING RULES REGARDING THE SELECTION OF PROVIDERS AND OF
    24     ELIGIBLE STUDENTS AND VERIFICATION OF PERFORMANCE BY
    25     PROVIDERS.
    26         (8)  TO DEVELOP A RESEARCH DESIGN THAT WILL ENABLE THE
    27     PUBLIC TO EVALUATE THE RESULTS OF RESIDENTIAL EDUCATION OF
    28     AT-RISK CHILDREN AND TO COLLECT DATA FROM RESIDENTIAL SCHOOLS
    29     IN ACCORDANCE WITH THAT DESIGN. THE RESEARCH DESIGN MUST
    30     PROVIDE FOR THE COLLECTION OF DATA CONCERNING THE
    19970S0123B1169                  - 9 -

     1     SOCIOECONOMIC CHARACTERISTICS OF THE STUDENTS, THE
     2     INSTRUCTION GIVEN AND FOLLOW-UP STUDY OF GRADUATES OF THE
     3     PROGRAM, INCLUDING THEIR EDUCATIONAL ATTAINMENT, EMPLOYMENT
     4     HISTORY, INCOME, MARITAL STATUS AND CRIMINAL RECORD.
     5         (9)  TO PERFORM SUCH OTHER ACTS AS MAY BE NECESSARY OR
     6     APPROPRIATE TO CARRY OUT EFFECTIVELY THE OBJECTIVES AND
     7     PURPOSES OF THE BOARD AS SPECIFIED IN THIS CHAPTER.
     8  SECTION 16.  ELIGIBILITY AND APPLICATIONS.
     9     (A)  ELIGIBLE STUDENTS.--A STUDENT IS ELIGIBLE TO PARTICIPATE
    10  IN THE RESIDENTIAL EDUCATION PROGRAM IF ALL OF THE FOLLOWING
    11  CRITERIA ARE MET:
    12         (1)  THE STUDENT MUST HAVE BEEN A RESIDENT OF THIS
    13     COMMONWEALTH FOR AT LEAST TWO YEARS BEFORE APPLICATION.
    14         (2)  THE FAMILY OF THE STUDENT MUST BE ELIGIBLE TO
    15     RECEIVE ASSISTANCE UNDER EITHER AFDC OR THE FOOD STAMP ACT OF
    16     1977 (PUBLIC LAW 88-525, 7 U.S.C. § 2011 ET SEQ.), OR BOTH,
    17     OR THE ANNUAL FAMILY INCOME MUST MEET FEDERAL POVERTY INCOME
    18     GUIDELINES.
    19         (3)  THE STUDENT MUST RESIDE IN ONE OF THE 167 SCHOOL
    20     DISTRICTS IDENTIFIED BY THE DEPARTMENT AS HAVING THE HIGHEST
    21     PERCENTAGE OF CHILDREN OF FAMILIES ELIGIBLE TO RECEIVE
    22     ASSISTANCE UNDER AFDC WHEN MEASURED AS A PERCENTAGE OF THE
    23     DISTRICT'S AVERAGE DAILY MEMBERSHIP.
    24         (4)  THE STUDENT MUST RESIDE IN A MUNICIPAL CORPORATION
    25     THAT HAS A RATE OF VIOLENT CRIME MORE THAN TWICE THE
    26     STATEWIDE AVERAGE RATE AS REPORTED TO THE DEPARTMENT UNDER
    27     SECTION 21(B).
    28         (5)  THE STUDENT MUST BE OF AN AGE SUCH THAT HE OR SHE
    29     WOULD BE ELIGIBLE TO ENTER GRADE SEVEN, EIGHT, NINE OR TEN IN
    30     THE SCHOOL DISTRICT OF RESIDENCE, BUT IN NO EVENT OLDER THAN
    19970S0123B1169                 - 10 -

     1     17 YEARS OF AGE.
     2         (6)  THE STUDENT MUST NOT BE BRAIN DAMAGED, MENTALLY
     3     RETARDED, SOCIALLY AND EMOTIONALLY DISTURBED, LEARNING
     4     DISABLED, SPEECH AND LANGUAGE IMPAIRED, VISUALLY IMPAIRED,
     5     DEAF OR HEARING IMPAIRED OR A DISRUPTIVE STUDENT.
     6         (7)  AN APPLICATION MUST BE SUBMITTED TO THE BOARD UNDER
     7     SUBSECTION (B).
     8         (8)  THE STUDENT MUST BE ACCEPTED INTO THE PROGRAM UNDER
     9     SUBSECTION (C).
    10     (B)  SUBMISSION OF APPLICATION.--THE PARENTS OF THE STUDENT
    11  MUST SUBMIT AN APPLICATION TO THE BOARD ON A FORM PRESCRIBED BY
    12  THE BOARD BY THE DEADLINE SET BY THE BOARD. THE APPLICATION MUST
    13  INCLUDE ALL OF THE FOLLOWING:
    14         (1)  INFORMATION SHOWING THAT THE STUDENT IS ELIGIBLE
    15     UNDER SUBSECTION (A)(1), (2), (3), (4), (5) AND (6).
    16         (2)  THE SCHOOL GRADE THAT THE STUDENT INTENDS TO ENTER.
    17         (3)  A RELEASE ALLOWING THE BOARD TO VERIFY THE
    18     INFORMATION PROVIDED ON THE APPLICATION.
    19         (4)  SUCH OTHER INFORMATION AS THE BOARD MAY REQUIRE BY
    20     REGULATION.
    21     (C)  APPROVAL OF APPLICATIONS.--THE BOARD SHALL APPROVE
    22  APPLICATIONS IN A NUMBER THAT IS WITHIN THE NUMBER OF PLACEMENTS
    23  IN RESIDENTIAL SCHOOLS UNDER CONTRACT WITH OR OTHERWISE
    24  AVAILABLE TO THE BOARD. NO MORE THAN 3% OF THE AVERAGE DAILY
    25  MEMBERSHIP IN GRADES SEVEN THROUGH TEN OF A SCHOOL DISTRICT MAY
    26  BE SELECTED FROM THE APPLICANTS RESIDING IN THAT DISTRICT,
    27  UNLESS THE NUMBER OF ELIGIBLE STUDENTS WOULD OTHERWISE BE FEWER
    28  THAN THE NUMBER OF AVAILABLE PLACEMENTS. IF THE APPLICATIONS
    29  FROM A SCHOOL DISTRICT EXCEED THE LIMITATIONS OF THIS
    30  SUBSECTION, THE BOARD SHALL SELECT THE ELIGIBLE STUDENTS FROM
    19970S0123B1169                 - 11 -

     1  AMONG THE APPLICANTS BY RANDOM SELECTION. HOWEVER, IF THE
     2  APPLICATIONS FROM ALL THE SCHOOL DISTRICTS EXCEED THE NUMBER OF
     3  AVAILABLE PLACEMENTS, THE BOARD SHALL APPROVE APPLICANTS BY
     4  RANDOM SELECTION FROM EACH SCHOOL DISTRICT IN THE PROPORTION
     5  THAT THE NUMBER OF PLACEMENTS BEARS TO THE TOTAL APPLICATIONS.
     6  THE BOARD SHALL DETERMINE THE ASSIGNMENT OF THE STUDENTS TO THE
     7  RESIDENTIAL SCHOOLS AND SHALL SO NOTIFY THE PARENTS OF THE
     8  STUDENT.
     9     (D)  LOSS OF ELIGIBILITY.--A STUDENT SHALL NO LONGER BE
    10  ELIGIBLE FOR THE PROGRAM ESTABLISHED BY THIS CHAPTER IF THE
    11  STUDENT HAS:
    12         (1)  VOLUNTARILY WITHDRAWN FROM THE RESIDENTIAL SCHOOL
    13     PROGRAM; OR
    14         (2)  VIOLATED BEHAVIORAL STANDARDS AS PROMULGATED BY THE
    15     BOARD.
    16  AN ELIGIBLE STUDENT MAY NOT BE DISMISSED FROM THE PROGRAM ON THE
    17  GROUNDS THAT THE STUDENT'S MUNICIPAL CORPORATION OR SCHOOL
    18  DISTRICT OF RESIDENCE DOES NOT QUALIFY UNDER SUBSECTION (A)(3)
    19  OR (4).
    20  SECTION 17.  RESIDENTIAL EDUCATION PROGRAMS.
    21     (A)  CONTRACTS.--THE BOARD SHALL AWARD CONTRACTS PURSUANT TO
    22  THIS CHAPTER TO PROVIDERS WHO DEMONSTRATE THE ABILITY TO OPERATE
    23  AND ADMINISTER A RESIDENTIAL SCHOOL PROGRAM THAT PROVIDES A
    24  SUITABLE SECONDARY EDUCATION PROGRAM FOR ELIGIBLE STUDENTS.
    25     (B)  PROPOSALS FOR CONTRACTS.--THE PROPOSAL SUBMITTED BY THE
    26  PROSPECTIVE PROVIDER MUST INCLUDE THE FOLLOWING:
    27         (1)  THE TITLE OR NAME AND THE ADDRESS OR LOCATION OF THE
    28     SCHOOL OR CLASSES, TOGETHER WITH THE NAME OF THE OWNERS AND
    29     CONTROLLING OFFICERS.
    30         (2)  THE GENERAL AND SPECIFIC FIELDS OF INSTRUCTION THAT
    19970S0123B1169                 - 12 -

     1     WILL BE OFFERED AND THE PURPOSES OF SUCH INSTRUCTION.
     2         (3)  THE PLACE OR PLACES WHERE INSTRUCTION WILL BE GIVEN.
     3         (4)  THE PLACE OR PLACES WHERE THE STUDENTS WILL RESIDE.
     4         (5)  A SPECIFIC LISTING OF THE EQUIPMENT AND STAFF
     5     AVAILABLE FOR INSTRUCTION AND RESIDENTIAL SUPERVISION.
     6         (6)  THE MAXIMUM ENROLLMENT THAT CAN BE ACCOMMODATED BY
     7     THE EDUCATIONAL AND RESIDENTIAL FACILITIES AVAILABLE.
     8         (7)  THE QUALIFICATIONS OF INSTRUCTORS, ADMINISTRATORS
     9     AND SUPERVISORS.
    10         (8)  FINANCIAL RESOURCES AVAILABLE TO EQUIP AND MAINTAIN
    11     THE SCHOOL AND THE RESIDENCE.
    12         (9)  AN AGREEMENT TO ABIDE BY REASONABLE SERVICE AND
    13     BUSINESS ETHICS PRESCRIBED BY THE BOARD.
    14         (10)  A RESEARCH AND PERFORMANCE VERIFICATION PLAN
    15     CONSISTENT WITH THE RESEARCH DESIGN PRESCRIBED UNDER SECTION
    16     15(8).
    17         (11)  ANY ADDITIONAL INFORMATION THE BOARD MAY DEEM
    18     NECESSARY TO ENABLE IT TO DETERMINE THE ADEQUACY OF THE
    19     PROGRAM OF INSTRUCTION, THE BUSINESS INTEGRITY, THE SOCIAL
    20     SUPPORT SERVICES AND RELATED MATTERS.
    21     (C)  CERTAIN EXEMPTIONS.--THE BOARD MAY EXEMPT RESIDENTIAL
    22  SCHOOLS UNDER CONTRACT WITH THE BOARD FROM THE PUBLIC SCHOOL
    23  CODE EXCEPT FOR THE PROVISIONS OF THE PUBLIC SCHOOL CODE
    24  APPLICABLE TO NONPUBLIC NONLICENSED SCHOOLS. THIS SUBSECTION
    25  SHALL NOT EXEMPT RESIDENTIAL SCHOOLS FROM REQUIREMENTS OTHERWISE
    26  APPLICABLE UNDER THE ACT OF DECEMBER 15, 1986 (P.L.1585,
    27  NO.174), KNOWN AS THE PRIVATE LICENSED SCHOOLS ACT, OR THE ACT
    28  OF JANUARY 28, 1988 (P.L.24, NO.11), KNOWN AS THE PRIVATE
    29  ACADEMIC SCHOOLS ACT.
    30     (D)  AWARDS TO NONPUBLIC SCHOOLS.--NO CONTRACT MAY BE AWARDED
    19970S0123B1169                 - 13 -

     1  TO A NONPUBLIC SCHOOL UNLESS THE PROPOSAL INCLUDES ADEQUATE
     2  ASSURANCES THAT THE RESIDENTIAL SCHOOL WILL NOT BE PERVASIVELY
     3  SECTARIAN AND THAT ITS SECULAR CHARACTER CAN BE MAINTAINED
     4  WITHOUT EXCESSIVE ENTANGLEMENT BETWEEN THE PROVIDER AND THE
     5  COMMONWEALTH.
     6  SECTION 18.  AWARD OF CONTRACTS.
     7     (A)  GENERAL RULE.--CONTRACTS FOR THE OPERATION,
     8  ADMINISTRATION AND FUNDING OF RESIDENTIAL SCHOOLS SHALL BE
     9  AWARDED THROUGH A PROCESS OF COMPETITIVE SEALED PROPOSALS, WHICH
    10  THE BOARD SHALL SOLICIT THROUGH A REQUEST FOR PROPOSALS. THE
    11  CONTRACT RELATING TO EACH RESIDENTIAL SCHOOL SHALL BE LET
    12  PURSUANT TO A SEPARATE REQUEST FOR PROPOSALS.
    13     (B)  PUBLIC NOTICE.--ADEQUATE PUBLIC NOTICE OF THE REQUEST
    14  FOR PROPOSALS SHALL BE GIVEN A REASONABLE TIME PRIOR TO THE DATE
    15  SET FOR THE OPENING OF PROPOSALS. NOTICE IN THE PENNSYLVANIA
    16  BULLETIN IS SUFFICIENT FOR ALL PURPOSES UNDER THIS SECTION.
    17     (C)  PRE-AWARD DISCUSSIONS AND NEGOTIATIONS.--DISCUSSIONS AND
    18  NEGOTIATIONS MAY BE CONDUCTED WITH RESPONSIBLE OFFERORS WHO
    19  SUBMIT PROPOSALS DETERMINED TO BE REASONABLY SUSCEPTIBLE OF
    20  BEING SELECTED FOR AWARD. OFFERORS SHALL BE ACCORDED FAIR AND
    21  EQUAL TREATMENT WITH RESPECT TO ANY OPPORTUNITY FOR DISCUSSION,
    22  NEGOTIATION AND REVISION OF PROPOSALS. REVISION MAY BE PERMITTED
    23  AFTER SUBMISSIONS AND PRIOR TO AWARD FOR THE PURPOSE OF
    24  OBTAINING BEST AND FINAL OFFERS. DISCUSSIONS SHALL NOT DISCLOSE
    25  ANY INFORMATION DERIVED FROM PROPOSALS SUBMITTED BY OTHER
    26  OFFERORS.
    27     (D)  AWARD.--AWARD SHALL BE MADE TO THE OFFEROR WHOSE
    28  PROPOSAL IS DETERMINED IN WRITING BY THE BOARD TO BE THE MOST
    29  ADVANTAGEOUS TO THE COMMONWEALTH BASED ON THE CRITERIA
    30  DETERMINED BY THE BOARD.
    19970S0123B1169                 - 14 -

     1  SECTION 19.  RESIDENTIAL EDUCATION SUPPORT FUND.
     2     (A)  ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED A SPECIAL
     3  NONLAPSING FUND IN THE STATE TREASURY TO BE KNOWN AS THE
     4  RESIDENTIAL EDUCATION SUPPORT FUND. MONEYS RECEIVED BY THE BOARD
     5  SHALL BE PAID INTO THE STATE TREASURY AND SHALL BE CREDITED TO
     6  THE FUND AND ARE HEREBY APPROPRIATED TO THE BOARD ON A
     7  CONTINUING BASIS TO ASSIST IN FUNDING ACTIVITIES NECESSARY TO
     8  MEET THE REQUIREMENTS OF THIS CHAPTER. THE FUND SHALL CONSIST OF
     9  THE FOLLOWING:
    10         (1)  ANY MONEYS APPROPRIATED TO THE FUND BY GENERAL
    11     APPROPRIATIONS.
    12         (2)  CONTRIBUTIONS TO THE FUND.
    13         (3)  THE TUITION CHARGES REQUIRED BY SECTION 710.
    14     (B)  TAX CREDITS.--
    15         (1)  ANY BUSINESS FIRM WHICH CONTRIBUTES TO THE FUND MAY
    16     RECEIVE A TAX CREDIT AGAINST ANY TAX DUE UNDER ARTICLE IV,
    17     VI, VII, VII-A, VIII, VIII-A, IX, X OR XV OF THE ACT OF MARCH
    18     4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971,
    19     OR ANY TAX SUBSTITUTED IN LIEU THEREOF. THE CREDIT SHALL NOT
    20     EXCEED $250,000 ANNUALLY. ANY TAX CREDIT NOT USED IN THE
    21     CALENDAR OR FISCAL YEAR THE DONATION IS MADE MAY BE CARRIED
    22     OVER FOR THE NEXT FIVE SUCCEEDING CALENDAR OR FISCAL YEARS
    23     UNTIL THE FULL CREDIT HAS BEEN ALLOWED.
    24         (2)  THE TOTAL AMOUNT OF ALL TAX CREDITS ALLOWED PURSUANT
    25     TO THIS SECTION SHALL NOT EXCEED $10,000,000 IN ANY ONE
    26     FISCAL YEAR OF THE COMMONWEALTH, UNLESS A GREATER AMOUNT IS
    27     PROVIDED FOR IN THE GENERAL APPROPRIATION ACT. IF THE TOTAL
    28     AMOUNT OF TAX CREDITS CLAIMED UNDER THIS SECTION EXCEEDS THE
    29     AMOUNT PERMITTED UNDER THIS PARAGRAPH, THE TAX CREDIT ALLOWED
    30     EACH BUSINESS FIRM SHALL BE RATABLY REDUCED UNDER REGULATIONS
    19970S0123B1169                 - 15 -

     1     PROMULGATED BY THE DEPARTMENT OF REVENUE.
     2     (C)  CHARITABLE DONATIONS.--ANY CHARITABLE DONATIONS MADE BY
     3  PERSONS TO THE BOARD SHALL ALSO BE DEPOSITED IN THE FUND.
     4     (D)  DEFINITION.--AS USED IN THIS SECTION, THE TERM "BUSINESS
     5  FIRM" MEANS ANY BUSINESS ENTITY AUTHORIZED TO DO BUSINESS IN
     6  THIS COMMONWEALTH AND SUBJECT TO TAXES IMPOSED BY ARTICLE IV,
     7  VI, VII, VII-A, VIII, VIII-A, IX, X OR XV OF THE TAX REFORM CODE
     8  OF 1971.
     9  SECTION 20.  TUITION CHARGES.
    10     (A)  GENERAL RULE.--FOR EACH ELIGIBLE STUDENT WHO ATTENDS A
    11  RESIDENTIAL SCHOOL THAT IS NOT ADMINISTERED AND OPERATED BY THE
    12  SCHOOL DISTRICT OF RESIDENCE, THE DEPARTMENT SHALL PAY TO THE
    13  FUND THE HIGH SCHOOL TUITION CHARGE ATTRIBUTABLE TO THE DISTRICT
    14  AND SHALL CONTINUE TO PAY THE FUND SO LONG AS THE ELIGIBLE
    15  STUDENT ATTENDS A RESIDENTIAL SCHOOL. PAYMENTS SHALL BE DEDUCTED
    16  FROM THE REIMBURSEMENTS OTHERWISE DUE THE SCHOOL DISTRICT OF
    17  RESIDENCE UNDER ARTICLE XXV OF THE PUBLIC SCHOOL CODE.
    18     (B)  DEFINITION.--AS USED IN THIS SECTION, THE TERM "SCHOOL
    19  DISTRICT OF RESIDENCE" MEANS THE SCHOOL DISTRICT IN WHICH THE
    20  ELIGIBLE STUDENT RESIDED IMMEDIATELY BEFORE HIS OR HER
    21  ATTENDANCE IN A RESIDENTIAL SCHOOL.
    22  SECTION 21.  REPORTS.
    23     (A)  BOARD REPORT.--NO LATER THAN JANUARY 31 OF EACH YEAR,
    24  THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
    25  APPROPRIATIONS COMMITTEE AND THE EDUCATION COMMITTEE OF THE
    26  SENATE AND THE APPROPRIATIONS COMMITTEE AND THE EDUCATION
    27  COMMITTEE OF THE HOUSE OF REPRESENTATIVES, WHICH SHALL INCLUDE
    28  THE FOLLOWING:
    29         (1)  THE NAMES OF THE PROVIDERS, THE NAMES AND ADDRESSES
    30     OF THE RESIDENTIAL SCHOOLS OPERATED PURSUANT TO THIS CHAPTER
    19970S0123B1169                 - 16 -

     1     AND THE NUMBER OF ELIGIBLE STUDENTS ENROLLED IN EACH SCHOOL,
     2     ANALYZED BY GRADE LEVEL AND GENDER.
     3         (2)  THE SOCIOECONOMIC CHARACTERISTICS OF THE ELIGIBLE
     4     STUDENTS, WITH A SEPARATE ANALYSIS OF THOSE MOST RECENTLY
     5     ENROLLED.
     6         (3)  THE NUMBER OF STUDENTS WHO HAVE WITHDRAWN FROM THE
     7     RESIDENTIAL SCHOOLS AND THE NUMBER WHO HAVE GRADUATED FROM
     8     THE PROGRAM.
     9         (4)  THE AMOUNT OF FINANCIAL SUPPORT PROVIDED UNDER THIS
    10     CHAPTER TO THE RESIDENTIAL SCHOOLS, BROKEN DOWN BY CONTRACT
    11     PAYMENTS, AMOUNTS PAID FROM THE FUND AND AMOUNTS PAID FROM
    12     COMMONWEALTH APPROPRIATIONS.
    13         (5)  EVALUATION OF THE PROGRAM AND SUGGESTIONS FOR
    14     IMPROVEMENT, INCLUDING SUGGESTIONS FOR LEGISLATIVE ACTION.
    15  IN NO CASE SHALL THE NAMES OF ELIGIBLE STUDENTS OR THEIR PARENTS
    16  BE FURNISHED AS PART OF THIS REPORT.
    17     (B)  REPORT BY PENNSYLVANIA STATE POLICE.--THE PENNSYLVANIA
    18  STATE POLICE SHALL ANNUALLY SUBMIT TO THE BOARD A LIST OF ALL
    19  MUNICIPAL CORPORATIONS THAT HAVE A RATE OF VIOLENT CRIME EQUAL
    20  TO OR GREATER THAN TWICE THE STATEWIDE AVERAGE RATE OF VIOLENT
    21  CRIME.
    22  SECTION 22.  APPOINTMENTS.
    23     THE RESPECTIVE APPOINTING AUTHORITIES SET FORTH IN SECTION
    24  4(C) SHALL APPOINT THE MEMBERS OF THE PENNSYLVANIA RESIDENTIAL
    25  EDUCATION BOARD WITHIN 120 DAYS OF THE EFFECTIVE DATE OF THIS
    26  ACT.
    27  SECTION 23.  APPROPRIATION.
    28     THE SUM OF $3,000,000, OR AS MUCH THEREOF AS MAY BE
    29  NECESSARY, IS HEREBY APPROPRIATED TO THE PENNSYLVANIA
    30  RESIDENTIAL EDUCATION BOARD FOR THE FISCAL YEAR JULY 1, 1997, TO
    19970S0123B1169                 - 17 -

     1  JUNE 30, 1998, TO ADMINISTER THE PROVISIONS OF CHAPTER 2.
     2  SECTION 24.  EFFECTIVE DATE.
     3     THIS ACT SHALL TAKE EFFECT IMMEDIATELY.


















    L13L24JS/19970S0123B1169        - 18 -