HOUSE AMENDED PRIOR PRINTER'S NOS. 120, 1125, 1131 PRINTER'S NO. 1169
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 -