HOUSE AMENDED
PRIOR PRINTER'S NOS. 338, 1034, 1198 PRINTER'S NO. 2286
No. 332 Session of 1999
INTRODUCED BY GREENLEAF, SCHWARTZ, HOLL, MELLOW, LEMMOND,
BOSCOLA, TOMLINSON, COSTA, KASUNIC, SALVATORE, MUSTO, O'PAKE,
STOUT AND WAGNER, FEBRUARY 8, 1999
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2000
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for good Samaritan immunity
6 for school employees; further providing for authority of
7 teachers, vice principals and principals over pupils; <--
8 providing for school policies for drug or alcohol violations,
9 for conflict resolution training and for the requirements for
10 governing adjudicated delinquents; further providing for the
11 suspension and expulsion of pupils, for exceptional children,
12 their education and training, for reporting of incidents of
13 school violence and for transfer of records; providing for
14 school violence reporting requirements for school employees,
15 for school safety committees and for notification to parents
16 and guardians of victims of school violence; and further
17 defining "school." AND FOR ESTABLISHMENT OF CHARTER SCHOOLS; <--
18 AND PROVIDING FOR MULTIPURPOSE SERVICE CENTERS AND FOR
19 TRANSFER OF RECORDS.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
23 as the Public School Code of 1949, is amended by adding a
24 section to read:
25 SECTION 1. THE TITLE OF THE ACT OF MARCH 10, 1949 (P.L.30, <--
1 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED TO
2 READ:
3 AN ACT
4 RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
5 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
6 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
7 LAWS RELATING THERETO; AND PROVIDING FOR MULTIPURPOSE SERVICE
8 CENTERS.
9 SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
10 Section 113. Good Samaritan Immunity for School Employes.--
11 (a) Any employe of a public school SCHOOL EMPLOYE who in good <--
12 faith believes that a pupil needs emergency care, first aid or
13 rescue and who provides such emergency care, first aid or rescue
14 to the pupil or who removes the pupil receiving such emergency
15 care, first aid or rescue to a hospital or other place of
16 medical care shall be immune from civil liability as a result of
17 any acts or omissions by the employe, except any acts or
18 omissions intentionally designed to seriously harm or any
19 grossly negligent acts or omissions which result in serious
20 bodily harm to the pupil receiving emergency care.
21 (b) As used in this section, the term "good faith" shall <--
22 include, but not be limited to, a reasonable nonmedical opinion
23 that the immediacy of the situation is such that the rendering
24 of care should not be postponed.
25 (B) THIS SECTION SHALL NOT BE CONSTRUED TO REDUCE OR IMPAIR <--
26 THE PROTECTIONS AFFORDED BY 42 PA.C.S. CH. 85 SUBCH. C (RELATING
27 TO ACTIONS AGAINST LOCAL PARTIES) NOR TO CREATE OR IMPOSE A DUTY
28 ON THE PART OF SCHOOL EMPLOYES WITH REGARD TO THE PROVISION OF
29 EMERGENCY CARE, FIRST AID, RESCUE OR REMOVAL OF A PUPIL TO A
30 HOSPITAL OR OTHER PLACE OF MEDICAL CARE.
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1 (C) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
2 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
3 "GOOD FAITH." THIS TERM INCLUDES, BUT IS NOT LIMITED TO, A
4 REASONABLE NONMEDICAL OPINION THAT THE IMMEDIACY OF THE
5 SITUATION IS SUCH THAT THE RENDERING OF CARE SHOULD NOT BE
6 POSTPONED.
7 "SCHOOL EMPLOYE" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A
8 PUBLIC SCHOOL, INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL
9 SCHOOL INCLUDING, BUT NOT LIMITED TO, A PROFESSIONAL EMPLOYE OR
10 TEMPORARY PROFESSIONAL EMPLOYES AND SUBSTITUTES, AS DEFINED BY
11 SECTION 1101 OF THIS ACT. THE TERM INCLUDES AN INDEPENDENT
12 CONTRACTOR AND ANY OF ITS EMPLOYES. THE TERM DOES NOT INCLUDE AN
13 INDIVIDUAL WHOSE PRIMARY DUTIES DO NOT INCLUDE REGULAR
14 INTERACTION WITH PUPILS.
15 SECTION 1205.4. CPR INSTRUCTION.--(A) SCHOOL ENTITIES SHALL
16 BE REQUIRED TO OFFER A CARDIOPULMONARY RESUSCITATION TRAINING
17 (CPR) CLASS ON SCHOOL PREMISES AT LEAST ONCE EVERY THREE YEARS.
18 THE COURSE SHALL BE OFFERED AS AN OPTION TO ALL EMPLOYES OF THE
19 SCHOOL ENTITY.
20 (B) COMPLETION OF TRAINING, INCLUDING TESTING OF SKILLS AND
21 KNOWLEDGE, SHALL BE DOCUMENTED BY THE SIGNATURE AND TITLE OF A
22 REPRESENTATIVE OF THE TRAINING ENTITY AND SHALL INCLUDE THE DATE
23 TRAINING WAS COMPLETED. DOCUMENTATION SHALL BE RETAINED IN THE
24 FACILITY IN THAT EMPLOYE'S FILE. TRAINING SHALL BE CONDUCTED BY:
25 (1) THE AMERICAN RED CROSS;
26 (2) THE AMERICAN HEART ASSOCIATION;
27 (3) AN INDIVIDUAL CERTIFIED TO CONDUCT CPR TRAINING BY THE
28 AMERICAN RED CROSS, AMERICAN HEART ASSOCIATION OR OTHER
29 CERTIFYING AGENCY, APPROVED BY THE DEPARTMENT OF HEALTH; OR
30 (4) OTHER CERTIFYING AGENCY APPROVED BY THE DEPARTMENT OF
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1 HEALTH.
2 (C) SCHOOL DISTRICTS MAY INCLUDE THIS TRAINING IN THE
3 CONTINUING EDUCATION PLAN SUBMITTED BY THE DISTRICT TO THE
4 DEPARTMENT OF EDUCATION UNDER SECTION 1205.1.
5 (D) FOR PURPOSES OF THIS SECTION, A SCHOOL ENTITY SHALL BE
6 DEFINED AS A LOCAL SCHOOL DISTRICT, INTERMEDIATE UNIT OR AREA
7 VOCATIONAL-TECHNICAL SCHOOL.
8 Section 2 3. Section 1317 of the act, amended July 25, 1963 <--
9 (P.L.315, No.169), is amended to read:
10 Section 1317. Authority of Teachers[,] and Vice Principals <--
11 [and Principals over Pupils].--[Every TEACHERS, VICE PRINCIPALS <--
12 AND PRINCIPALS OVER PUPILS.--EVERY teacher, vice principal and
13 principal in the public schools shall have the right to exercise
14 the same authority as to conduct and behavior over the pupils
15 attending his school, during the time they are in attendance,
16 including the time required in going to and from their homes, as
17 the parents, guardians or persons in parental relation to such
18 pupils may exercise over them.] (a) In all matters relating to <--
19 the discipline in and conduct of the public schools, public
20 school employes and school administrators shall be in the same
21 relation to pupils as parents and guardians. This THIS <--
22 relationship shall extend to all activities connected with the
23 public schools, including, but not limited to, any activity
24 conducted during the school day or during the time a pupil is
25 traveling to or from school or traveling to or from a school-
26 sponsored activity or during any academic, athletic or
27 extracurricular activity sponsored by the school district at any
28 time.
29 (b) Public school employes and administrators shall be <--
30 immune from civil liability for any action taken in good faith
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1 with regard to any pupil at any time for the safety and
2 supervision of the pupil or for the safety and supervision of
3 others, including, but not limited to, pupils, public school
4 employes, visitors or the professional employe or administrator
5 taking such action.
6 Section 3. The act is amended by adding sections to read:
7 Section 1317.4. School Policies for Drug or Alcohol
8 Violations.--(a) The General Assembly finds a compelling public
9 interest in ensuring that schools are safe and drug free for all
10 students and school employes.
11 (b) The State Board of Education shall adopt and each board
12 of school directors shall uniformly enforce drug and alcohol
13 policies that protect all pupils and other members of the school
14 population. These policies shall include all of the following:
15 (1) Examples of behaviors that constitute an infraction of
16 the drug-free schools policy.
17 (2) Penalties for infractions of the drug-free schools
18 policy.
19 (3) Guidelines for dealing with pupils or with other persons
20 who are in possession of drugs or alcohol on school property,
21 while traveling on a public conveyance providing transportation
22 to or from school, or at a school-sponsored activity.
23 (4) Training of school counselors and teachers in the
24 identification and referral for drug and alcohol evaluation of
25 substance abusing pupils.
26 (c) School policies for drug and alcohol violations shall be
27 included in a school district's code of student conduct.
28 (d) The superintendent of a school district shall
29 immediately report to the local law enforcement agency a pupil
30 who violates a policy concerning illegal drugs and alcohol
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1 adopted by the board of school directors of that school
2 district. If the pupil is enrolled in a public school in this
3 Commonwealth, the board of school directors of that school of
4 the school district shall immediately suspend that pupil from
5 attending regular classes and schedule a hearing to consider the
6 pupil's:
7 (1) suspension for at least the remainder of the academic
8 year;
9 (2) placement an alternative education program under this
10 act; or
11 (3) permanent expulsion.
12 (e) If a pupil is suspended, pursuant to a hearing of a
13 board of school directors, for violating a policy mandated by
14 this section, that pupil may not be admitted to any public
15 school in this Commonwealth until the pupil has satisfied each
16 requirement imposed by the board of school directors as a
17 condition for readmission. To comply with the requirements of
18 this subsection, a school superintendent shall review the
19 records of each pupil who transfers into the school district
20 under the jurisdiction of that superintendent to determine
21 whether the pupil is being disciplined pursuant to the policies
22 mandated by this section.
23 (f) A school district shall report all new incidents
24 involving violations of policies concerning illegal drugs and
25 alcohol at least twice a year to the Secretary of Education on a
26 form developed and provided by the Department of Education. The
27 form shall include:
28 (1) The age or grade of this pupil.
29 (2) The name and address of this school.
30 (3) The circumstances surrounding the incident.
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1 (4) Any sanction imposed by the school.
2 (5) Any notification to a law enforcement agency.
3 (6) Any remedial program involved.
4 (7) The parental involvement required.
5 (8) Any arrest, conviction or adjudication, if known.
6 Section 1317.5. Conflict Resolution Training.--(a) School
7 employes in each school district of this Commonwealth shall
8 receive annual training in conflict resolution from a trainer
9 whom the board of directors of the school district deems
10 qualified in the area of conflict resolution. The training shall
11 include, but not be limited to, a review of the impact of media
12 violence upon children.
13 (b) Pupils attending public elementary and secondary schools
14 shall receive regular instruction in conflict resolution. Such
15 training shall include, but shall not be limited to, critical
16 thinking instruction about media depiction of violence and shall
17 incorporate instruction in humane education as required pursuant
18 to section 1514. Pupils manifesting difficulty with conflict
19 resolution shall be referred for assistance to qualified and
20 trained guidance counselors.
21 Section 4. Section 1318 of the act, amended February 8, 1980
22 (P.L.3, No.2), is amended to read:
23 Section 1318. Suspension and Expulsion of Pupils.--(a)
24 Every principal or teacher in charge of a public school may
25 temporarily suspend any pupil on account of disobedience or
26 misconduct, and any principal or teacher suspending any pupil
27 shall promptly notify the district superintendent or secretary
28 of the board of school directors. The board may, after a proper
29 hearing, suspend such child for such time as it may determine,
30 or may permanently expel him. Such hearings, suspension, or
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1 expulsion may be delegated to a duly authorized committee of the
2 board, or to a duly qualified hearing examiner, who need not be
3 a member of the board, but whose adjudication must be approved
4 by the board.
5 (b) (1) It shall be the duty of the district superintendent,
6 prior to admitting a pupil who is transferring from another
7 school district, to obtain and to thoroughly review the pupil's
8 records in order to ascertain whether the pupil has been
9 disciplined or is currently under disciplinary action,
10 including, but not limited to, expulsion, suspension or
11 placement in an alternative education program or, if the pupil
12 is transferring from another state, is being disciplined
13 pursuant to a statutory or regulatory disciplinary provision
14 from the other state. In the event that the pupil's records
15 indicate that the pupil is currently being disciplined under
16 this section or under disciplinary provisions from another
17 state, the superintendent shall continue the terms of the
18 discipline imposed by the pupil's former district.
19 (2) It shall further be the duty of the district
20 superintendent to notify other school officials, including
21 employes within the district who have legitimate interest, of
22 this pupil's current or prior discipline record pursuant to this
23 section or pursuant to disciplinary provisions from another
24 state.
25 (3) Any district superintendent who fails to perform the
26 duties provided in this section shall be personally liable for a
27 fine of not more than two hundred fifty dollars ($250) for the
28 first offense and not more than one thousand dollars ($1,000)
29 for any subsequent offense and shall be subject to disciplinary
30 action affecting the commission of the superintendent.
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1 (c) Subsections (a) and (b) shall not apply to a pupil
2 classified as an exceptional child when the pupil's actions are
3 a manifestation of the pupil's disability. If the pupil's
4 actions are a manifestation of disability, the board must comply
5 with the requirements under the Individuals with Disabilities
6 Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.).
7 (d) As used in this section, the following words and phrases
8 shall have the meanings given to them in this subsection:
9 "Alternative education program" shall mean a program
10 established pursuant to section 1901-C.
11 "Disruptive pupil" shall have the same meaning the term
12 "disruptive student" is given under section 1901-C.
13 "Legitimate educational interest" shall include, but not be
14 limited to, the interest of officials and school employes who
15 have any responsibility for supervising the pupil who is subject
16 to disciplinary action.
17 Section 5. The act is amended by adding sections to read:
18 Section 1318.1. Requirements Governing Adjudicated
19 Delinquents.--(1) Upon becoming aware of information under 42
20 Pa.C.S. § 6308 (relating to law enforcement records) or upon
21 receipt of information under 42 Pa.C.S. § 6341(b.1) (relating to
22 adjudication), the principal shall provide such information to
23 the superintendent for the school district, and the
24 superintendent shall determine whether the pupil has exhibited
25 behavior which may be detrimental to the safety or welfare of
26 other pupils or of other members of the school population and
27 whether educating the pupil in the regular school environment
28 may disrupt learning in the school or create a dangerous or
29 unsafe environment for other pupils or for school employes.
30 (2) If the superintendent determines that the pupil's
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1 presence may be disruptive or create a dangerous or unsafe
2 environment, the superintendent shall place the pupil in an
3 alternative learning environment pursuant to procedures set
4 forth in section 1902-C(2), until the board concludes that the
5 pupil's presence in the regular school environment will not be
6 disruptive or create a dangerous or unsafe environment. Such a
7 placement shall not be deemed a disciplinary action pursuant to
8 42 Pa.C.S. § 6341(b.1)(4).
9 (3) The superintendent shall provide the information
10 concerning the pupil's record identified in this subsection to
11 all school officials, including school employes who have a
12 legitimate educational interest in the records.
13 (4) As used in this subsection, the term "legitimate
14 educational interest" includes the interests of officials and
15 school employes who have any responsibility for supervising a
16 pupil.
17 Section 1371.1. Legislative Intent.--It is the intent of the
18 General Assembly to ensure that the safety and welfare of
19 children with disabilities and of others is protected through
20 the prompt and appropriate response of boards of school
21 directors to actions which place children with disabilities or
22 others in serious danger in the school setting. It is further
23 the intent of the General Assembly that nothing in this
24 subdivision of this article shall deprive children with
25 disabilities of any rights which such students may have under
26 any other act or regulation.
27 Section 6. Section 1372 of the act is amended by adding a
28 paragraph to read:
29 Section 1372. Exceptional Children; Education and
30 Training.--* * *
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1 (7) Changing Educational Placement. (i) It shall be the
2 duty of the board of directors of every school district to
3 promptly seek parental consent for implementing an appropriate
4 change in educational placement of an exceptional student,
5 including, but not limited to, placement in an alternative
6 education program, when the board has determined that the
7 violent action of the student has placed the student or other
8 persons in danger of or in reasonable apprehension of serious
9 personal injury. If the parents of the student fail to approve
10 the change in placement, it shall be the duty of the board of
11 school directors, in addition to placing the student in an
12 interim alternative education setting, when so authorized under
13 the Individuals with Disabilities Education Act (Public Law 91-
14 230, 20 U.S.C. 1400 et. seq.), to promptly seek approval for an
15 appropriate change through a due process hearing, court action,
16 or both.
17 (ii) As used in this paragraph, the term "promptly" means as
18 soon as in practicable but in no event later than thirty (30)
19 days from the date of a violent incident.
20 Section 7. Section 1303-A of the act is amended by adding a
21 subsection to read:
22 Section 1303-A. Reporting.--* * *
23 (d) In developing forms under this section, the Department
24 of Education shall include uniform definitions of violent acts.
25 Section 8 4. Section 1305-A of the act, added June 30, 1995 <--
26 (P.L.220, No.26), is amended to read:
27 Section 1305-A. Transfer of Records.--Whenever a pupil
28 transfers to another school entity, a certified copy of the
29 student's disciplinary record shall be transmitted to the school
30 entity to which the pupil has transferred. The school entity to
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1 which the student has transferred should request the record. The
2 sending school entity shall have ten (10) days from receipt of
3 the request to supply a certified copy of the student's
4 disciplinary record. For purposes of this section, sending
5 school entities include private elementary and secondary
6 schools.
7 Section 9. The act is amended by adding sections to read: <--
8 Section 1310-A. Reporting Requirements for School
9 Employes.--(a) In any instance where an employe of a public
10 school district has a reasonable suspicion that any student or
11 visitor has committed or intends to commit a criminal act on
12 school property, during a school-sponsored activity, on the way
13 to or from school or to or from a school-sponsored activity,
14 such employe shall immediately notify the employe's supervisor,
15 who shall immediately investigate the suspected criminal
16 activity. If upon such investigation the supervisor determines
17 that reasonable suspicion exists that any student or visitor has
18 committed or intends to commit a criminal act, the supervisor
19 shall immediately report the incident to the local policy agency
20 and to the school district superintendent. The superintendent
21 shall immediately file a written report with the Secretary of
22 Education and shall, without unreasonable delay, file the
23 appropriate charge against the individual or individuals
24 suspected of criminal activity or intention to commit criminal
25 activity.
26 (b) Any public school employe who violates this section,
27 commits a summary offense and shall, upon conviction, be
28 sentenced to pay a fine of not more than two hundred fifty
29 dollars ($250) for the first offense and not more than one
30 thousand dollars ($1,000) for each subsequent offense.
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1 (c) Any public school employe who is required to make a
2 report under this section shall be immune from civil liability
3 for filing the report.
4 (d) Whenever any public school employe is asked to testify
5 in a criminal proceeding based upon the employe's report filed
6 under this section, the public school employer shall reimburse
7 the employe for travel expenses and shall provide the employe
8 with paid leave or with the regular per diem rate if the employe
9 is called to testify in a criminal proceeding after school hours
10 or at a time when school is not in session.
11 Section 1311-A. Notification to Parents and Guardians.--Upon
12 receipt of information from a school entity indicating that a
13 student has been the victim of violent behavior, the local law
14 enforcement agency shall notify the parent or the legal guardian
15 of the victim about the circumstances surrounding the violent
16 incident.
17 Section 10. Section 1901-C(6) of the act, added June 25,
18 1997 (P.L.297, No.30), is amended to read:
19 Section 1901-C. Definitions.--For purposes of this article,
20 the following terms shall have the following meanings:
21 * * *
22 (6) "School." Any school classified by the Department of
23 Education as an elementary school, a middle school, junior high
24 school, senior high school or area vocational-technical school.
25 * * *
26 Section 11. This amendatory act shall be known and may be
27 cited as the Schools Are for Education Act.
28 Section 12. This act shall take effect in 60 days.
29 SECTION 5. SECTION 1717-A(I)(6) OF THE ACT, ADDED JUNE 19, <--
30 1997 (P.L.225, NO.22), IS AMENDED TO READ:
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1 SECTION 1717-A. ESTABLISHMENT OF CHARTER SCHOOL.--* * *
2 (I) * * *
3 (6) IN ANY APPEAL, THE DECISION MADE BY THE LOCAL BOARD OF
4 DIRECTORS SHALL BE REVIEWED BY THE APPEAL BOARD ON THE RECORD AS
5 CERTIFIED BY THE LOCAL BOARD OF DIRECTORS. THE APPEAL BOARD
6 SHALL GIVE DUE CONSIDERATION TO THE FINDINGS OF THE LOCAL BOARD
7 OF DIRECTORS AND SPECIFICALLY ARTICULATE ITS REASONS FOR
8 AGREEING OR DISAGREEING WITH THOSE FINDINGS IN ITS WRITTEN
9 DECISION. THE APPEAL BOARD SHALL ALSO BE REQUIRED TO CONSIDER
10 THE FISCAL IMPACT ON THE SCHOOL ENTITY AND ITS TAXPAYERS
11 RESULTING FROM THE ESTABLISHMENT OF THE CHARTER SCHOOL. THE
12 APPEAL BOARD SHALL HAVE THE DISCRETION TO ALLOW THE LOCAL BOARD
13 OF DIRECTORS AND THE CHARTER SCHOOL APPLICANT TO SUPPLEMENT THE
14 RECORD IF THE SUPPLEMENTAL INFORMATION WAS PREVIOUSLY
15 UNAVAILABLE. SUCH SUPPLEMENTAL INFORMATION SHALL INCLUDE A
16 STATEMENT OF FISCAL IMPACT FROM THE SCHOOL ENTITY.
17 * * *
18 SECTION 6. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
19 ARTICLE XXVI-I
20 MULTIPURPOSE SERVICE CENTERS
21 SECTION 2601-I. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
22 AND MAY BE CITED AS THE "DISPLACED HOMEMAKER AND SINGLE PARENT
23 SELF-SUFFICIENCY ACT."
24 SECTION 2602-I. DEFINITIONS.--WHEN USED IN THIS ARTICLE, THE
25 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
26 "DISPLACED HOMEMAKER" OR "SINGLE PARENT" SHALL MEAN AN
27 INDIVIDUAL WHO:
28 (1) HAS WORKED IN THE HOME, PROVIDING UNPAID HOUSEHOLD
29 SERVICES FOR FAMILY MEMBERS.
30 (2) IS NOT GAINFULLY EMPLOYED OR IS UNDEREMPLOYED.
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1 (3) HAS HAD, IS EXPERIENCING OR WOULD HAVE DIFFICULTY IN
2 SECURING ADEQUATE EMPLOYMENT.
3 (4) HAS BEEN DEPENDENT ON THE INCOME OF ANOTHER FAMILY
4 MEMBER BUT IS NO LONGER SUPPORTED BY SUCH INCOME, OR HAS BEEN
5 DEPENDENT ON GOVERNMENT ASSISTANCE BUT IS NO LONGER ELIGIBLE FOR
6 SUCH ASSISTANCE, OR IS SUPPORTED AS THE PARENT OF MINOR CHILDREN
7 BY GOVERNMENT ASSISTANCE OR OTHER SUPPORT.
8 "MULTIPURPOSE SERVICE CENTER" SHALL MEAN A COMMUNITY-BASED
9 ORGANIZATION, LOCAL EDUCATIONAL AGENCY, POSTSECONDARY SCHOOL,
10 INSTITUTION OF HIGHER LEARNING OR AREA VOCATIONAL EDUCATION
11 SCHOOL THAT PROVIDES THE SERVICES SPECIFIED IN SECTION 2604-I
12 FOR DISPLACED HOMEMAKERS AND SINGLE PARENTS.
13 "SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION OF THE
14 COMMONWEALTH.
15 SECTION 2603-I. POWERS AND DUTIES OF SECRETARY.--(A) THE
16 SECRETARY MAY ENTER INTO CONTRACTS WITH AND MAKE GRANTS TO
17 PUBLIC AND NONPROFIT PRIVATE ENTITIES FOR PURPOSES OF SUPPORTING
18 EXISTING MULTIPURPOSE CENTERS, KNOWN AS "NEW CHOICES/NEW OPTIONS
19 CAREER DEVELOPMENT CENTERS."
20 (B) AN APPLICATION TO BECOME A MULTIPURPOSE SERVICE CENTER
21 SHALL BE SUBMITTED ANNUALLY TO AND APPROVED ANNUALLY BY THE
22 SECRETARY. THE SECRETARY SHALL EITHER APPROVE OR DISAPPROVE THE
23 APPLICATION PRIOR TO THE MULTIPURPOSE SERVICE CENTER BEING
24 ELIGIBLE TO RECEIVE STATE FUNDING. THE APPLICATION SHALL INCLUDE
25 A STATISTICAL ASSESSMENT OF THE SERVICE AREA AND THE SERVICE
26 NEEDS THEREOF, INCLUDING PROVEN EXPERIENCE AND SUCCESS IN
27 ASSISTING DISPLACED HOMEMAKERS AND SINGLE PARENTS TO ACHIEVE
28 SELF-SUFFICIENCY AS CURRENTLY DEMONSTRATED BY THE MULTIPURPOSE
29 SERVICE CENTER AND A DEMONSTRATION OF FISCAL SUPPORT AND
30 STABILITY.
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1 (C) THE SECRETARY MAY REVOKE THE APPROVAL OF A MULTIPURPOSE
2 SERVICE CENTER IF THE CENTER FAILS TO MEET THE CRITERIA
3 ESTABLISHED UNDER SECTION 2604-I. THE APPROVAL OF A MULTIPURPOSE
4 SERVICE CENTER SHALL REMAIN IN EFFECT UNLESS REVOKED BY THE
5 SECRETARY.
6 SECTION 2604-I. MULTIPURPOSE SERVICE CENTERS.--(A) A
7 MULTIPURPOSE SERVICE CENTER SHALL PROVIDE THE FOLLOWING:
8 (1) JOB COUNSELING SERVICES WHICH SHALL:
9 (I) BE SPECIFICALLY DESIGNED FOR A PERSON ENTERING THE JOB
10 MARKET AFTER A NUMBER OF YEARS AS A HOMEMAKER AND INCLUDE LIFE
11 SKILLS TRAINING AND COUNSELING TO PREPARE DISPLACED HOMEMAKERS
12 AND SINGLE PARENTS TO ENTER AND SUSTAIN TRAINING AND EMPLOYMENT.
13 (II) OPERATE TO COUNSEL DISPLACED HOMEMAKERS AND SINGLE
14 PARENTS WITH RESPECT TO APPROPRIATE JOB OPPORTUNITIES, INCLUDING
15 HIGH SKILL OR HIGH WAGE JOBS LEADING TO SELF-SUFFICIENCY.
16 (III) PREVOCATIONAL TRAINING AND EDUCATIONAL SERVICES
17 INCLUDING OUTREACH AND INFORMATION ABOUT SUCH OTHER PROGRAMS
18 WHICH ARE DETERMINED TO BENEFIT DISPLACED HOMEMAKERS AND SINGLE
19 PARENTS TO ACHIEVE ECONOMIC SELF-SUFFICIENCY.
20 (IV) PROVIDE TRAINING-RELATED SUPPORT SERVICES, INCLUDING,
21 BUT NOT LIMITED TO, DEPENDENT CARE, TRANSPORTATION, TUITION,
22 BOOKS, EQUIPMENT AND TOOLS.
23 (V) JOB SEARCH SKILLS TRAINING TO PREPARE DISPLACED
24 HOMEMAKERS AND SINGLE PARENTS FOR WRITING RESUMES, COMPLETING
25 JOB APPLICATIONS AND EMPLOYMENT INTERVIEWING.
26 (2) JOB TRAINING, EDUCATIONAL AND JOB PLACEMENT SERVICES
27 WHICH SHALL PROVIDE INFORMATION, DIRECT TRAINING, REFERRALS TO
28 INSTITUTIONS PROVIDING POSTSECONDARY EDUCATION CREDITS OR OTHER
29 TRAINING THAT IS APPROPRIATE FOR THE INDIVIDUAL TO BECOME
30 ECONOMICALLY SELF-SUFFICIENT, INCLUDING BASIC EDUCATION AND
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1 BILINGUAL PROGRAMS WHEN APPROPRIATE. TRAINING SHALL INCLUDE
2 COURSES OFFERED THROUGH VARIED SOURCES:
3 (I) DEVELOP, IN COLLABORATION WITH STATE AND LOCAL
4 GOVERNMENT AGENCIES AND PRIVATE EMPLOYERS, PLACEMENT PROGRAMS
5 FOR JOBS IN THE PUBLIC AND PRIVATE SECTORS.
6 (II) FINANCIAL ASSISTANCE IN THE PAYMENT OF EXPENSES RELATED
7 TO TRAINING AND ASSISTING DISPLACED HOMEMAKERS AND SINGLE
8 PARENTS TO GAIN ADMISSION TO EXISTING PUBLIC AND PRIVATE JOB
9 TRAINING PROGRAMS AND OPPORTUNITIES AND TO DETERMINE ELIGIBILITY
10 FOR FINANCIAL AID.
11 (III) ASSIST IN IDENTIFYING COMMUNITY NEEDS AND CREATING NEW
12 JOBS IN THE PUBLIC AND PRIVATE SECTORS.
13 (3) INFORMATION ABOUT AND REFERRALS TO APPROPRIATE HEALTH
14 EDUCATION SOURCES SHALL BE PROVIDED.
15 (4) FINANCIAL MANAGEMENT SERVICES WHICH PROVIDE REFERRALS
16 FOR INFORMATION WITH RESPECT TO INSURANCE, TAXES, ESTATE AND
17 PROBATE PROBLEMS, MORTGAGES, LOANS AND OTHER RELATED FINANCIAL
18 MATTERS.
19 (5) OUTREACH AND INFORMATION SERVICES WITH RESPECT TO
20 FEDERAL AND STATE EMPLOYMENT, EDUCATION, HEALTH AND UNEMPLOYMENT
21 ASSISTANCE PROGRAMS WHICH THE SECRETARY DETERMINES WOULD BE
22 BENEFICIAL TO DISPLACED HOMEMAKERS AND SINGLE PARENTS.
23 SECTION 2605-I. ALLOCATION OF STATE FUNDING.--(A) A
24 MULTIPURPOSE SERVICE CENTER SHALL SUBMIT PROJECTED EXPENDITURES
25 TO THE SECRETARY FOR REVIEW PRIOR TO ALLOCATION OF FUNDING. THE
26 SECRETARY SHALL ESTABLISH ELIGIBILITY CRITERIA WHICH
27 MULTIPURPOSE SERVICE CENTERS MUST ANNUALLY MEET IN ORDER TO
28 QUALIFY FOR ASSISTANCE UNDER THIS ARTICLE.
29 (B) THE SECRETARY SHALL ALLOCATE AND DISTRIBUTE STATE
30 FUNDING AMONG MULTIPURPOSE SERVICE CENTERS. PRIORITY FOR
19990S0332B2286 - 17 -
1 FINANCIAL ASSISTANCE SHALL BE GIVEN TO THOSE MULTIPURPOSE
2 SERVICE CENTERS THAT RECEIVED STATE ASSISTANCE DURING FISCAL
3 YEAR 1998-1999.
4 SECTION 2606-I. EVALUATION.--THE SECRETARY SHALL PREPARE AND
5 FURNISH TO THE GENERAL ASSEMBLY A REPORT, NOT LATER THAN ONE
6 YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, WHICH REPORT
7 SHALL INCLUDE A THOROUGH ASSESSMENT OF EACH MULTIPURPOSE SERVICE
8 CENTER.
9 SECTION 2607-I. NONDISCRIMINATION.--NO PERSON SHALL ON THE
10 GROUND OF SEX, AGE, RACE, COLOR, RELIGION OR NATIONAL ORIGIN BE
11 EXCLUDED FROM PARTICIPATING IN, BE DENIED THE BENEFITS OF, OR BE
12 SUBJECTED TO DISCRIMINATION UNDER, ANY PROGRAM OR ACTIVITY
13 FUNDED IN WHOLE OR IN PART WITH FUNDS MADE AVAILABLE UNDER THIS
14 ARTICLE.
15 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
16 (1) THE AMENDMENT OF SECTION 1717-A OF THE ACT SHALL
17 TAKE EFFECT IMMEDIATELY.
18 (2) THE ADDITION OF ARTICLE XXVI-I OF THE ACT SHALL TAKE
19 EFFECT IMMEDIATELY.
20 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
21 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
22 DAYS.
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