THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, McCALL AND EACHUS, JULY 20, 2009

REFERRED TO COMMITTEE ON EDUCATION, JULY 20, 2009  

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 duties and powers of boards of

school directors, establishing parent involvement programs

and policies in school districts; in school finances,

providing for workers' compensation, and further providing

for annual budget and for limitation on certain unreserved

fund balances; in grounds and buildings, further providing

for referendum or public hearing required prior to

construction or lease; providing for certification of

teachers by the National Board for Professional Teaching

Standards; in certification of teachers, further providing

for certificates qualifying persons to teach and for kinds of

State certificates; providing for residency certificates, and

further providing for disqualifications; in pupils and

attendance, providing for use of seclusion; further providing

for compulsory school attendance and for exceptions to

compulsory attendance; providing for interview reports for

withdrawing and illegally absent students; further providing

for cost of tuition and maintenance of certain exceptional

children in approved institutions and in the four charter

schools for education of the deaf and blind; and providing

for emergency permits at approved private schools and

chartered schools for the deaf and blind; in school health

services, further providing for possession and use of asthma

inhalers and epinephrine and auto-injectors; in charter

schools, further providing for funding for charter schools,

for academic degrees and for annual reports and assessments;

in education empowerment act, further providing for education

empowerment districts and for mandate waiver program; in

educational improvement tax credit, further providing for

definitions, for tax credit and for limitations; in transfers

of credits between institutions of higher education, further

providing for duties of public institutions of higher

education, for transfer and articulation oversight committee

and for participation by independent institutions of higher

education or State-related institutions; in funding for

public libraries, providing for state aid for 2009-2010; in

reimbursement by Commonwealth and between school districts,

further providing for definitions, for basic education

funding for student achievement and for accountability to

Commonwealth taxpayers, and for payments to intermediate

units; and providing for special education funding for

student achievement and instruction of eligible students in

regular classrooms and for special education accountability

to Commonwealth taxpayers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding sections

to read:

Section 528.  Parent Involvement Programs and Policies.--(a)

The board of school directors in a school district of the first

class, first class A, second class, third class or fourth class

shall establish a parent involvement program, parent involvement

policy and parent involvement committee. No school entity shall

be required to establish a new program or policy under this

section if one currently exists and reasonably fulfills the

requirements of this section.

(b)  A parent involvement program established by a board of

school directors shall include the following:

(1)  Identification of existing resources, activities or

materials in the school district that may be used by parents to

improve the academic achievement of students in the school

district.

(2)  Identification of existing resources, activities or

materials in the school district that may be used by parents to

improve or supplement techniques used by parents at home to

support and improve the academic achievement of students in the

school district.

(3)  Identification of a districtwide system of communicating

information between parents and school officials regarding the

curriculum, academic goals and strategic plan of the school

district.

(4)  Identification of any supplemental academic services

available to students whose score on any Pennsylvania System of

School Assessment test is below proficient.

(5)  Identification of any mechanism through which parents

can provide recommendations to the board of school directors

regarding programs that may improve the academic achievement of

students in the school district.

(6)  Identification of any mechanism through which the school

district can provide information to parents regarding resources,

activities or materials in the school district that may be used

by parents to improve the academic achievement of their

students.

(c)  A parent involvement policy established by a board of

school directors shall include the following:

(1)  Identification of goals and objectives for the

involvement of parents in the improvement of the academic

achievement of students in the school district.

(2)  Identification of specific strategies to meet the goals

and objectives required under paragraph (1).

(3)  Explanation of the resources, activities, materials and

mechanisms identified in the parent involvement program.

(4)  Explanation of the role of the parent involvement

committee established under subsection (d).

(d)  A parent involvement committee established by a board of

school directors shall consist of parents of students enrolled

in the school district and shall be responsible for providing

the board of school directors with recommendations on the school

district's parent involvement program and parent involvement

policy. If a school district currently has established a

committee of parents that makes recommendations on school

policies, the board of school directors may utilize that

committee to meet the requirements of this subsection.

(e)  A board of school directors shall provide for the

publication and dissemination of information related to the

school district's parent involvement program and parent

involvement policy. The board of school directors shall:

(1)  Make the parental involvement policy available on its

publicly accessible Internet website, if available.

(2)  Make copies of the parent involvement program and parent

involvement policy available for inspection in the

administrative office of the school district and provide copies

upon request.

(3)  Provide copies of the parent involvement program and

parent involvement policy to the Department of Education no

later than sixty (60) days from the effective date of this

section.

Section 615.  Workers' Compensation Safety Committee.--(a)  

Each school district shall have and maintain a certified safety

committee by December 31, 2010, for the purposes of section

1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as

the "Workers' Compensation Act." The Department of Labor and

Industry shall annually provide the Department of Education with

the list of school districts who have a certified safety

committee. In the case of a school district that does not comply

with this section, the Department of Education shall annually

deduct from any allocation from the Commonwealth to which the

school district is entitled the amount of the discount the

school district would otherwise receive under section 1002(b) of

the "Workers' Compensation Act."

(b)  This section shall not apply to a school district that

cannot receive a premium discount under section 1002(b) of the

"Workers' Compensation Act," or an equivalent reduction in

contribution rates, by establishing and maintaining a certified

safety committee because it is authorized to self-insure its

liabilities under section 305 of the "Workers' Compensation Act"

or pool its liabilities under section 802 of the "Workers'

Compensation Act."

Section 2.  Section 687(j) of the act, amended July 9, 2008

(P.L.846, No.61), is amended to read:

Section 687.  Annual Budget; Additional or Increased

Appropriations; Transfer of Funds.--

(j)  Notwithstanding any other provisions of this act, the

board of school directors of each school district may reopen its

2003-2004 budget, its 2004-2005 budget, its 2005-2006 budget,

its 2006-2007 budget, its 2007-2008 budget [or], its 2008-2009

budget, or its 2009-2010 budget to reflect any State allocations

for fiscal year 2003-2004, fiscal year 2004-2005, fiscal year

2005-2006, fiscal year 2006-2007, fiscal year 2007-2008 [or], 

fiscal year 2008-2009, or fiscal year 2009-2010 provided by the

General Assembly through this act.

Section 3.  Section 688(c) of the act, added December 23,

2003 (P.L.48), is amended and the section is amended by adding a

subsection to read:

Section 688.  Limitations on Certain Unreserved Fund

Balances.--* * *

(b.1)  A school district may designate some or all of its

estimated unreserved fund balance for the purpose of making

payments to the fund under 24 Pa.C.S. § 8327 (relating to

payments by employers) in advance of a projected increase in the

employer contribution rate calculated under 24 Pa.C.S. § 8328

(relating to actuarial cost method).

(c)  As used in this section[, "estimated]:

"Estimated ending unreserved, undesignated fund balance"

shall mean that portion of the fund balance which is

appropriable for expenditure or not legally or otherwise

segregated for a specific or tentative future use, projected for

the close of the school year for which a school district's

budget was adopted and held in the General Fund accounts of the

school district.

"Fund" shall mean the Public School Employees' Retirement

Fund.

Section 4.  Section 701.1 of the act, amended July 4, 2004

(P.L.536, No.70), is amended to read:

Section 701.1.  Referendum or Public Hearing Required Prior

to Construction or Lease.--Except where the approval of the

electors is obtained to incur indebtedness to finance the

construction of a school project, the board of school directors

of any school district of the second, third or fourth classes,

shall not construct, enter into a contract to construct or enter

into a contract to lease a new school building or substantial

addition to an existing school building without the consent of

the electors obtained by referendum or without holding a public

hearing as hereinafter provided. In the event that a new school

building or a substantial addition to an existing building is to

be constructed or leased, the school board shall, by a majority

vote of all its members, authorize a maximum project cost and a

maximum building construction cost to be financed by the

district or amortized by lease rentals to be paid by the

district. Building construction cost shall consist of the cost

of all building construction including general construction

costs, plumbing, heating, electrical, ventilating and other

structural costs, equipment and fixtures and architectural and

engineering fees relating thereto, but not including costs for

site acquisition and development, rough grading to receive the

building, sewage treatment facilities or equivalent capital

contributions, and architectural and engineering fees relating

thereto. Building construction cost shall not include any

additional costs incurred to meet certification requirements of

a green building standard. In all cases, a public hearing shall

be held not later than thirty (30) days before the school

district submits the initial building construction cost and 

green building standard cost estimates to the Department of

Education for approval. Notice of the hearing shall be given not

later than twenty (20) days before the date of the scheduled

hearing. In the event that the maximum building construction

cost authorization exceeds the aggregate building expenditure

standard hereinafter specified, the aforesaid authorization of

the school board shall be submitted to the electors of the

school district for their approval within six (6) months prior

to submission of the final building construction cost bids to

the Department of Education for approval. Such referendum shall

be held in the same manner as provided by law for the approval

of the incurring of indebtedness by referendum. The question as

submitted shall specify the maximum project cost, the maximum

building construction cost and the annual sinking fund charge or

lease rental to be incurred by the school district and the

portion of such charge or rental expected to be reimbursed by

the Commonwealth. If the final building construction cost bids

to be submitted to the Department of Education for approval are

less than the aggregate building expenditure standard hereafter

specified but exceed by eight (8) per cent or more the initial

building construction cost estimates submitted to the Department

for approval, a second public hearing shall be held before the

Department shall give its final approval.

The applicable aggregate building expenditure standard shall

be a total amount calculated for each building or substantial

addition by multiplying the rated pupil capacity under the

approved room schedule by the following: two thousand eight

hundred dollars ($2,800) for each pupil of rated elementary

capacity; four thousand two hundred dollars ($4,200) for each

pupil of rated secondary capacity in grades seven, eight and

nine and five thousand two hundred dollars ($5,200) for each

pupil of rated secondary capacity in grades ten, eleven and

twelve and five thousand two hundred dollars ($5,200) for each

pupil of rated vocational-technical capacity in grades ten,

eleven and twelve to not include the cost of equipment and

fixtures in such vocational-technical schools: Provided,

however, That each of the preceding per pupil amounts shall be

adjusted by the Department of Education on July 1, 1974; and

annually thereafter through July 1, 2003, by multiplying said

amounts by the ratio of the composite construction cost index

compiled and published by the United States Department of

Commerce for the preceding calendar year to such index for the

next preceding calendar year; and Further Provided, however,

That each of the preceding per pupil amounts shall be adjusted

by the Department of Education on July 1, 2004; and annually

thereafter by multiplying said amounts by the ratio of the

Building Cost Index published by the McGraw-Hill Companies for

the preceding calendar year to such index for the next preceding

calendar year. Rated elementary pupil capacity or rated

secondary pupil capacity for any school building shall be the

rated pupil capacity determined on the basis of the method used

by the Department for school building reimbursement purposes

during the school year 1971-1972.

For purposes of this section:

(1)  "Site acquisition" includes the cost of land and mineral

rights, demolition and clearing, rights-of-way and related

utility relocations, surveys and soils analysis, and the cost of

all fees relating thereto.

(2)  "Site development" includes excavation, grouting or

shoring, special foundations for buildings, access roads to

site, utilities on site, extension of utilities to site.

(3)  "Equipment and fixtures" means property fixed or movable

which is incidental and necessary to conduct the educational

program, and includes, but is not limited to movable equipment

such as desks, chairs, tables, portable physical education

equipment, audio-visual equipment and science, homemaking,

industrial art and business equipment and instructional

materials and fixtures such as casework, laboratory equipment,

kitchen equipment, auditorium seating and any other special

fixtures or equipment required to conduct a particular

educational program.

(4)  "Substantial addition" means more than twenty (20) per

centum of the area and replacement value of the structure to

which the improvement is to be added.

(5)  "Green building standard" means a building standard that

meets the following criteria:

(i)  Is consensus-based, as defined by the Office of

Management and Budget, Circular A-119, dated February 10, 1998.

(ii)  At a minimum, includes performance-based categories or

credits that will foster the optimization of a building's energy

performance and use of environmentally benign building materials

and technologies.

(iii)  Requires documentation, verifiable calculations or

equivalent procedures to substantiate and support any and all

claims made regarding a building's energy performance and the

use of environmentally benign materials.

(iv)  Employs third-party, postconstruction review and

verification of achievement of certification.

(v)  Has a performance record of certified green buildings in

the United States.

(6)  "Green building standard cost" means the design,

construction and registration costs directly attributable to

achieving points under a green building standard, including, but

not limited to, energy performance benchmarking; life-cycle cost

assessments; low-impact development; storm water management

technologies; energy and lighting modeling; alternative energy

technology; building commissioning and the cost of registration

with the organization providing the green building standard.

Section 5.  The act is amended by adding an article to read:

ARTICLE XI-B

CERTIFICATION OF TEACHERS 

BY THE NATIONAL BOARD FOR

PROFESSIONAL TEACHING STANDARDS

Section 1101-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:

"Department."  The Department of Education of the

Commonwealth.

"Eligible teacher."  A teacher who:

(1)  Is a current Pennsylvania resident.

(2)  Currently holds a valid Pennsylvania teaching

certification in good standing.

(3)  Has completed three full years of teaching or school

counseling in a Pennsylvania public school, intermediate unit

or area vocational-technical school.

(4)  Holds a current, full-time teaching or school

counseling position in a Pennsylvania public school,

intermediate unit or area vocational-technical school.

(5)  Has not previously received Commonwealth funds for

participating in any certification area of the NBPTS program.

(6)  Has not repaid any Commonwealth funds previously

received for the NBPTS certification process.

(7)  Has not received a waiver of repayment from the

Department of Education.

"National Board for Professional Teaching Standards" or

"NBPTS."  The independent, nonprofit organization established in

1987 to establish high standards for teachers' knowledge and

performance and for development and operation of a national

voluntary system to assess and certify teachers who meet those

standards.

"Public school."  A school operated by a school district,

intermediate unit, charter school, cyber charter school or an

area vocational-technical school.

Section 1102-B.  Program.

(a)  Establishment.--A program to help defray the cost to

teachers of becoming certified by the National Board for

Professional Teaching Standards is established.

(b)  Goal.--It is the goal of the Commonwealth to provide

opportunities and incentives for excellent teachers and to

retain them in the teaching profession. To attain this goal, the

Commonwealth shall support the efforts of teachers to achieve

national certification by providing reimbursement to public

schools for substitute fees associated with teachers

participating in the certification process and paying the

assessment fee for teachers who seek to attain national

certification from the National Board for Professional Teaching

Standards.

Section 1103-B.  Payment of fees.

To the extent funds are available, the Commonwealth shall do

all of the following:

(1)  Pay all or a portion of the cost of NBPTS assessment

fees on behalf of an eligible teacher to become NBPTS

certified or recertified.

(2)  Reimburse school districts for substitute fees for

each day the eligible teacher participates in preparation for

NBPTS certification, up to three days.

Section 1104-B.  Priority.

(a)  Schools in school improvement or corrective action.--

Eligible teachers who teach in schools identified as in school

improvement or corrective action shall receive first priority

for payment of assessment fees under this article. The eligible

teachers' districts shall also receive first priority for

substitute fees reimbursement.

(b)  Other priority.--Eligible teachers who teach early

childhood education, mathematics or science at the middle or 

secondary level or who teach special education or foreign

languages shall receive second priority for payment of

assessment fees under this article. The eligible teachers'

districts shall also receive second priority for substitute fees 

reimbursement.

Section 1105-B.  Duties of eligible teachers.

(a)  Completion of process.--An eligible teacher on whose

behalf the assessment fee is paid shall agree to complete the

certification process or be subject to repayment as set forth in

section 1106-B(a).

(b)  Three-year commitment.--An eligible teacher on whose

behalf the assessment fee is paid and who receives NBPTS

certification shall, in addition to the requirement under

subsection (a), agree to serve as a teacher or administrator in

a Pennsylvania public school for a period of at least three

years or be subject to repayment as set forth in section 1106-

B(b). Eligible teachers who receive priority under section 1104-

B and who receive NBPTS certification shall teach in that

priority class for the three-year commitment period. If an

eligible teacher receives priority under section 1104-B(a) and

the school is removed from improvement or corrective action

during the three-year commitment period, service in the same

school or in another school identified as in school improvement

or corrective action shall continue to fulfill the requirements

of this subsection.

Section 1106-B.  Repayment.

(a)  Failure to complete the certification process.--When an

eligible teacher for whom the Commonwealth has paid the

assessment fee fails to complete the certification process, the

teacher shall reimburse the Commonwealth for the amount of the

assessment fee. A candidate who completes the certification

process but is denied NBPTS certification shall not be subject

to repayment pursuant to this subsection.

(b)  Failure to continue teaching.--When an eligible teacher

for whom the Commonwealth has paid the assessment fee fails to

meet the requirements of section 1105-B(b), the teacher shall

reimburse the Commonwealth for the amount of the assessment fee.

The teacher shall certify to the department each year that the

teacher is in compliance with section 1105-B(b).

(c)  Waiver of repayment.--Upon the application of the

eligible teacher, the department shall waive the repayment

requirement if the department finds that the teacher was unable

to complete the process or meet the requirements of section

1105-B(b) for teaching in a priority class or school identified

as in school improvement or corrective action due to

administrative action on the part of the school district or area

vocational-technical school for other than causes enumerated in

section 1122, or continue teaching due to illness of the

teacher, the death or catastrophic illness of a member of the

teacher's immediate family, or parental leave to care for a

newborn or newly adopted child and may waive the repayment

requirement due to other extraordinary circumstances.

Section 1107-B.  Duties of department.

(a)  Guidelines.--The department shall develop guidelines

necessary for the implementation of this article.

(b)  Technical assistance.--To the extent funds are

available, the department shall provide technical assistance to

NBPTS applicants. The department may contract with one or more

institutions of higher education or intermediate units in order

to provide technical assistance.

Section 6.  Section 1201 of the act, amended January 14, 1970

(1969 P.L.468, No.192), is amended to read:

Section 1201.  Certificates Qualifying Persons to Teach.--

Only those persons holding one of the following certificates

shall be qualified to teach in the public schools of this

Commonwealth--(1) Permanent college certificate, (2) provisional

college certificate, (3) normal school diploma, (4) normal

school certificate, (5) special permanent certificate, (6)

special temporary certificate, (7) permanent State certificate,

(8) residency certificate, (9) certificates which are permanent

licenses to teach by virtue of the provisions of section one

thousand three hundred eight of the act, approved the eighteenth

day of May, one thousand nine hundred eleven (Pamphlet Laws

309), as amended, which is repealed hereby, or [(9)] (10) such

other kinds of certificates as are issued under the standards

prescribed by the State Board of Education. The State Board of

Education shall also provide for issuance of certificates by

district superintendents to meet such emergencies or shortage of

teachers as may occur.

Section 7.  Section 1203 of the act is amended to read:

Section 1203.  Kinds of State Certificates.--State

certificates hereafter granted shall include the following:

Provisional College Certificates,

Permanent College Certificates,

Certificates issued by other states and validated by the

Superintendent of Public Instruction,

Special Temporary Certificates,

Special Permanent Certificates[.],

Residency Certificates.

All persons receiving any of such certificates shall have

qualifications not less than graduation from a State Teachers'

College of this Commonwealth, or equivalent training. Residency

certificate program training completed under section 1207.1

shall be considered equivalent training for purposes of this

act.

Every college certificate shall set forth the names of the

college or university from which its holder was graduated. State

certificates shall entitle their holders to teach in every part

of this Commonwealth for the terms herein specified.

Section 8.  The act is amended by adding a section to read:

Section 1207.1.  Residency Certificates.--(a)  The Secretary

of Education may make a one-time issuance of a residency

certificate for service in a specific shortage area of

instruction in public schools of this Commonwealth to an

applicant who meets all of the following:

(1)  Satisfies the requirements specified under section 1209.

(2)  Meets one of the following:

(i)  Holds a doctoral degree from an accredited college or

university in the subject area of shortage.

(ii)  Holds a master's degree from an accredited college or

university in the subject area of shortage and has at least two

years of work experience in the subject area or related field.

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

or university in the subject area of shortage and has at least

five years of work experience in the subject area or related

field.

(3)  Is continuously enrolled in an approved residency

program.

(4)  Presents evidence of satisfactory achievement on the

appropriate subject area content test.

(b)  A residency certificate shall be valid for three years

of teaching in the public schools of this Commonwealth in the

area for which it applies.

(c)  The secretary shall have all of the following powers and

duties related to the issuance of residency certificates:

(1)  Identify areas of certification in which there is a

Statewide or regional shortage of qualified teachers.

(2)  Develop guidelines for the residency program which shall

include:

(i)  Preplacement instruction and training.

(ii)  Instruction and training in the following:

(A)  Educational strategies for the designated subject area

for which the residency certificate is issued.

(B)  Child development specifically related to the level of

the certificate sought.

(C)  Emotional support.

(D)  Pennsylvania academic standards.

(E)  Assessment knowledge and skills.

(F)  Pennsylvania standards and aligned system knowledge.

(iii)  Requirements for oversight and mentoring that include

induction, classroom observations and professional development

for the certificate holder during the three years of service in

the public schools of this Commonwealth.

(3)  Approve all residency programs.

(4)  Issue residency certificates to qualified applicants.

(5)  Report annually to the State Board of Education on the

number of residency certificates issued under this section.

(d)  A residency certificate may be converted to an

Instructional I Certificate upon the completion of all residency

program requirements under Department of Education guidelines

and the completion of three years of satisfactory teaching in

the public schools of this Commonwealth.

Section 9.  Section 1209 of the act, amended April 15, 1959

(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended

to read:

Section 1209.  Disqualifications.--No teacher's certificate

shall be granted to any person who [has]:

(1)  Has not submitted, upon a blank furnished by the

[Superintendent of Public Instruction] Secretary of Education, a

certificate from a physician [legally qualified to practice

medicine], certified registered nurse practitioner or physician

assistant licensed or certified in this Commonwealth, or in any

other state or the District of Columbia, setting forth that

[said] the applicant is [neither mentally nor physically

disqualified, by reason of tuberculosis or any other

communicable disease or by reason of mental disorder] not

disqualified by reason of a mental or physical disability or a

communicable disease from the successful performance of the

[duties of a teacher; nor to any person who has not] essential

functions of a teacher with or without a reasonable

accommodation.

(2)  Does not have a good moral character[, or who is].

(3)  [in the habit of using opium or other narcotic drugs in

any form, or any intoxicating drink as a beverage, or to any 

applicant who has a major physical disability or defect unless

such a person submits a certificate signed by an official of the

college or university from which he was graduated or of an

appropriate rehabilitation agency, certifying that in the

opinion of such official the applicant, by his work and

activities, demonstrated that he is sufficiently adjusted,

trained and motivated to perform the duties of a teacher,

notwithstanding his impediment.] Engages in the illegal use of

controlled substances or alcoholic beverages. An applicant for

certification may overcome the disqualification under this

paragraph and receive a teaching certificate if the applicant is

reviewed by the Department of Education pursuant to the

requirement of paragraph (2) and determined to be of good moral

character.

Section 10.  The act is amended by adding a section to read:

Section 1320.  Use of Seclusion.--(a)  The State Board of

Education shall, within one year of the effective date of this

section, adopt regulations establishing standards relating to

the use of seclusion, including, but not limited to, the

appropriateness of use for all students, training for personnel,

parental consent and notification, by a school entity or agency.

The regulations shall be consistent with existing Federal or

State regulations and shall not alter any provision of 22 Pa.

Code § 14.133 (relating to positive behavior support).

(b)  In adopting the regulations, the State Board of

Education shall follow the procedures set forth in the act of

July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law, and the act of June 25, 1982 (P.L.633, No.181),

known as the "Regulatory Review Act," for the promulgation and

review of final-omitted regulations.

(c)  The State Board of Education shall develop regulations

under this section in consultation with the Department of

Education, education and special education stakeholders, parents

and other interested parties.

(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:

"Agency" shall mean a school entity, approved private school,

State-operated program or facility or other public or private

organization providing educational services to children with

disabilities or providing early intervention services.

"School entity" shall mean a local public education provider

such as a school district, area vocational-technical school or

intermediate unit, including charter schools.

"Seclusion" shall mean the confinement of a student alone in

a room from which the student is physically prevented from

leaving.

Section 11.  Section 1327 of the act is amended by adding a

subsection to read:

Section 1327.  Compulsory School Attendance.--* * *

(a.1)  A student who is not in compliance with this section

shall be required to complete an interview in accordance with

section 1354.1.

* * *

Section 12.  Section 1330 of the act, amended May 11, 1949

(P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and

January 14, 1970 (1969 P.L.468, No.192), is amended to read:

Section 1330.  Exceptions to Compulsory Attendance.--(a)  The

provisions of this act requiring regular attendance shall not

apply to any child who--

(1)  Has attained the age of sixteen (16) years, and who is

regularly engaged in any useful and lawful employment or service

during the time the public schools are in session, and who holds

an employment certificate issued according to law;

(2)  Has been examined by an approved mental clinic or by a

person certified as a public school psychologist or

psychological examiner, and has been found to be unable to

profit from further public school attendance, and who has been

reported to the board of school directors and excused, in

accordance with regulations prescribed by the State Board of

Education.

(3)  Has attained the age of fifteen (15) years and is

engaged in farm work or domestic service in a private home on a

permit issued by the school board or the designated school

official of the school district of the child's residence, in

accordance with regulations which the Superintendent of Public

Instruction is hereby authorized to prescribe;

(4)  Has attained the age of fourteen (14) years and is

engaged in farm work or domestic service in a private home on a

permit issued as provided in clause (3) of this section, and who

has satisfactorily completed, either in public or private

schools, the equivalent of the highest grade of the elementary

school organization prevailing in the public schools of the

district in which he resides, if the issuance of such a permit

has first been recommended by the district superintendent of

schools having supervision of the schools of the district where

such child resides, or by the principal of the private school

where such child is enrolled, and the reason therefor has been

approved by the Superintendent of Public Instruction;

(5)  Except in districts of the fourth class and those of the

third class located wholly within the boundary lines of a

township, or within the boundary lines of a borough which has a

population of less than five hundred (500) inhabitants to the

square mile, resides two miles or more by the nearest public

highways from any public school in session and no proper free

transportation is furnished to such child to and from school.

(b)  A student who withdraws under this section shall

complete an interview in accordance with section 1354.1.

Section 13.  The act is amended by adding a section to read:

Section 1354.1.  Interview Reports for Withdrawing and

Illegally Absent Students.--(a)  It shall be the duty of a 

school principal of a public school or charter school to conduct

or assign a designee to conduct an interview for each student

who withdraws or is illegally absent for ten (10) days or more,

without lawful excuse, from that public school or charter

school. During the interview the student shall be made aware of

alternatives to withdrawing from the public school or charter

school. If the student is legally withdrawing as provided in

section 1330, the interview must be done in conjunction with the

verification of any work or farm permit issued. If the student

is not in compliance with the compulsory school attendance

provisions of this act, an interview must be conducted that

further inquires as to why the student is illegally absent. A

migratory child or a student withdrawing to attend another

public school entity, a charter school, cyber charter school,

home education program, nonpublic nonlicensed school, private

academic school or an approved institution of higher education

shall not be required to complete an interview required in this

section.

(b)  If a student fails to complete the interview required

under subsection (a), the school principal shall conduct an

interview with a parent or guardian of the student. The

principal shall send a written notice to the parent or guardian

by certified mail, return receipt requested, that informs the

parent or guardian of the interview required by and the penalty

for failure to comply with this subsection, and shall maintain a

copy of the notice and the return receipt, if any, with the

records of the student. The interview may be conducted in person

or via the telephone at a time most accommodating for both

parties. Failure of a parent or guardian to complete an

interview on behalf of the child of the parent or guardian

within fifteen (15) school days after the date written notice is

sent by certified mail is a violation of this section and the

school district or charter school may impose a civil penalty in

accordance with section 1333.

(c)  The Department of Education shall establish and

distribute a standard form to be completed by a school principal

or a designee during an interview. The form shall require, but

is not limited to, the following information: name, address,

telephone number, date of birth, most current student

identification number, current grade level, school name and

district, reasons for withdrawing, name, address and telephone

number of a parent or guardian and any other information the

department deems necessary. The form must be filed with the

Department of Education within thirty (30) days following the

interview. The data collected from the interviews, excluding

specific names and addresses and identification, will be used in

conjunction with the Electronic Dropout/Graduate Report (EDGR),

a data reporting system or a report of equivalence compiled and

distributed by the Division of Data Services of the Department

of Education. In addition, the information shall be made part of

the student's permanent record by the school district or charter

school. The report must be made public at the end of each fiscal

year.

(d)  The provisions of sections 1356 and 1357 shall not apply

to this section.

Section 14.  Sections 1376(a.2) and 1376.1(b.2) of the act,

amended July 4, 2004 (P.L.536, No.70), are amended to read: 

Section 1376.  Cost of Tuition and Maintenance of Certain

Exceptional Children in Approved Institutions.--* * *

(a.2)  For the 2005-2006 school year and each school year

thereafter, the Department of Education shall determine the

payment amount for each approved private school for all students

enrolled in an approved private school for the prior school year

as follows:

(1)  (i)  Multiply the payment determined for the immediate

preceding school year by one hundred and twenty-five percent

(125%) of the percentage increase in the appropriation for

special education for the fiscal year prior to the fiscal year

in which payments under this subsection are made.

(ii)  Add the product from subparagraph (i) to the payment

determined for the immediate preceding school year.

(iii)  In any fiscal year in which there is no increase in

the State appropriation for special education, the increase for

the approved private schools in the following fiscal year shall

be calculated by applying the multiplier in subsection (a.2)(1)

(i) to the average of the percentage increase in the

appropriation for special education and the appropriation for

basic education for the last fiscal year in which there was an

increase in the special education and basic education State

appropriations.

(2)  No later than May 10, 2005, and no later than May 10 of

each year thereafter, the Department of Education shall notify

each school district of residence or charter school of a child

enrolled in an approved private school of its payment amount

under subsection (a).

(3)  The Department of Education shall pay each approved

private school the total amount calculated pursuant to this

subsection divided into twelve (12) monthly payments. The

Department of Education shall withhold the school district or

charter school payment amount calculated under subsection (a)

from the amount of any and all State payments made to the school

district or charter school. In no event shall the sum of the

Commonwealth's share of payments to approved private schools

under this subsection exceed the appropriation for approved

private schools.

* * *

Section 1376.1.  Actual Cost of Tuition and Maintenance of

Certain Exceptional Children in the Four Chartered Schools for

Education of the Deaf and the Blind.--* * *

(b.2)  Payments are as follows:

(1)  For the 2005-2006 school year and each school year

thereafter, the department shall determine the payment amount

for each chartered school for all students enrolled in a

chartered school for the prior school year as follows:

(i)  Multiply the payment determined for the immediate

preceding school year by one hundred and twenty-five percent

(125%) of the percentage increase in the appropriation for

special education for the fiscal year prior to the fiscal year

in which payments under this subsection are made.

(ii)  Add the product under subparagraph (i) to the payment

determined for the immediately preceding school year.

(iii)  In any fiscal year in which there is no increase in

the State appropriation for special education, the increase for

the chartered schools for the deaf and blind in the following

fiscal year shall be calculated by applying the multiplier in

subsection (b.2)(1)(i) to the average of the percentage increase

in the appropriation for special education and the appropriation

for basic education for the last fiscal year in which there was

an increase in the special education and basic education funding

State appropriations.

(2)  No later than May 10, 2005, and no later than May 10 of

each school year thereafter, the department shall notify each

school district of residence or charter school of a child

enrolled in a chartered school of its payment amount under

subsection (b).

(3)  The department shall pay each chartered school the total

amount calculated pursuant to this subsection divided into

twelve (12) monthly payments. The department shall withhold the

school district or charter school payment amount calculated

under subsection (b) from the amount of any and all State

payments made to the school district or charter school. In no

event shall the sum of the Commonwealth's share of payments to

chartered schools under this subsection exceed the appropriation

for chartered schools.

* * *

Section 15.  The act is amended by adding a section to read:

Section 1377.2.  Emergency Permits at Approved Private

Schools and Chartered Schools for the Deaf and Blind.--Approved

private schools and chartered schools for the deaf and blind

shall have the authority to apply for emergency permits through

the Department of Education pursuant to the criteria for

eligibility established under 22 Pa. Code § 49.31 (relating to

criteria for eligibility) as if the teachers were employed by a

public school entity provided that all other conditions for

obtaining an emergency permit are met.

Section 16.  Section 1414.1 of the act, added November 30,

2004 (P.L.1471, No.187), is amended to read:

Section 1414.1.  Possession and Use of Asthma Inhalers and

Epinephrine Auto-Injectors.--(a)  Each school entity shall

develop a written policy to allow for the possession and self-

administration by children of school age of [an] asthma

[inhaler] inhalers and epinephrine auto-injectors, and the

prescribed medication to be administered thereby, in a school

setting. The policy shall comply with section 504 of the

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

et seq.) and 22 Pa. Code Ch. 15 (relating to protected

handicapped students). The policy shall be distributed with the

code of student conduct required under 22 Pa. Code § 12.3(c)

(relating to school rules) and made available on the school

entity's publicly accessible Internet website, if any.

(b)  The policy under this section shall require a child of

school age that desires to possess and self-administer an asthma

inhaler or epinephrine auto-injector in a school setting to

demonstrate the capability for self-administration and for

responsible behavior in the use thereof and to notify the school

nurse immediately following each use of an asthma inhaler or

epinephrine auto-injector. The school entity shall develop a

system whereby the child may [verify] demonstrate competency to

the school nurse that the child is capable of self-

administration and has permission for carrying and taking the

medication through the use of the asthma inhaler[.] or

epinephrine auto-injector. Determination of competency for self-

administration shall be based on age, cognitive function,

maturity and demonstration of responsible behavior. The school

entity shall also restrict the availability of the asthma

inhaler, the epinephrine auto-injector and the prescribed

medication contained therein from other children of school age[,

with immediate confiscation of both]. The policy shall specify

conditions under which a student may lose the privilege to self-

carry the asthma inhaler, the epinephrine auto-injector and the

medication [and loss of privileges] if the school policies are

abused or ignored. A school entity that prevents a student from

self-carrying an asthma inhaler or epinephrine auto-injector and

the prescribed medication shall ensure that they are

appropriately stored at locations in close proximity to the

student prohibited from self-carrying and notify the student's

classroom teachers of the places where the asthma inhaler or

epinephrine auto-injector and medication are to be stored and

means to access them.

(c)  The policy under this section may include the following:

(1)  The requirement of a written statement from the

physician, certified registered nurse practitioner or physician

assistant that provides the name of the drug, the dose, the

times when the medication is to be taken and the diagnosis or

reason the medicine is needed unless the reason should remain

confidential. The physician, certified registered nurse

practitioner or physician assistant shall indicate the potential

of any serious reaction that may occur to the medication, as

well as any necessary emergency response. The physician,

certified registered nurse practitioner or physician assistant

shall state whether the child is qualified and able to self-

administer the medication.

(2)  The requirement of a written request from the parent or

guardian that the school entity comply with the order of the

physician, certified registered nurse practitioner or physician

assistant. The parent's note shall include a statement relieving

the school entity or any school employe of any responsibility

for the benefits or consequences of the prescribed medication

when it is parent-authorized and acknowledging that the school

entity bears no responsibility for ensuring that the medication

is taken.

(3)  The ability of the school entity to reserve the right to

require a statement from the physician, certified registered

nurse practitioner or physician assistant for the continued use

of any medication beyond a specified time period. The school

entity shall also require updated prescriptions and parental

approvals on an annual basis from the pupil.

(d)  As used in this section, "school entity" means a school

district, intermediate unit, charter school or area vocational-

technical school.

(e)  Nothing in this section shall be construed to create,

establish or expand any civil liability on the part of any

school entity or school employe.

(f)  Within one hundred twenty (120) days of the effective

date of this subsection, the Department of Health in

coordination with the Department of Education shall provide

technical assistance, resources and publish information on the

Department of Health's publicly accessible Internet website

regarding the administration of medication for allergies by

persons employed with a school entity, including the following:

(1)  Proper use of epinephrine devices.

(2)  The importance of following the entity's student

services plan required under 22 Pa. Code § 12.41 (relating to

student services) and its responsibilities to comply with

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)

and 22 Pa. Code Ch. 15.

(3)  Recognition of the symptoms of a severe allergic

reaction.

(4)  Requirements for proper access, storage and security of

student medications.

(5)  Notification of appropriate persons following

administration of medications.

(6)  Recordkeeping.

Section 17.  Section 1611 of the act is amended by adding a

subsection to read:

Section 1611.  Academic Degrees.--* * *

(d)  A board of school directors may establish a program to

be known as "Operation Recognition" which provides for granting

a high school diploma to any honorably discharged veteran who

served in the United States military in the Vietnam War between

the twenty-eighth day of February, one thousand nine hundred

sixty-one, and the seventh day of May, one thousand nine hundred

seventy-five, who attended high school between one thousand nine

hundred fifty-eight and one thousand nine hundred seventy-five

and who would have been a member of a graduation class during

the years one thousand nine hundred sixty-two through one

thousand nine hundred seventy-five but did not graduate from

high school due to entry into military service. A board of

school directors may award a diploma posthumously to an eligible

veteran. An application for a diploma under this subsection must

be made in the manner prescribed by the board of school

directors.

Section 18.  Section 1725-A(a) of the act, amended June 29,

2002 (P.L.524, No.88), is amended to read:

Section 1725-A.  Funding for Charter Schools.--(a)  Funding

for a charter school shall be provided in the following manner:

(1)  There shall be no tuition charge for a resident or

nonresident student attending a charter school.

(2)  For non-special education students, the charter school

shall receive for each student enrolled no less than the

budgeted total expenditure per average daily membership of the

prior school year, as defined in section 2501(20), minus the

budgeted expenditures of the district of residence for nonpublic

school programs; adult education programs; community/junior

college programs; student transportation services; for special

education programs; facilities acquisition, construction and

improvement services; and other financing uses, including debt

service and fund transfers as provided in the Manual of

Accounting and Related Financial Procedures for Pennsylvania

School Systems established by the department. This amount shall

be paid by the district of residence of each student[.] or, upon

written request of the charter school, by the department to the

charter school in which a Pennsylvania resident student is

enrolled from any allocation for basic education funding to

which the school district in which the student resides is

entitled. The department shall establish payment guidelines and

notify the school district of receipt of a request for direct

payment by the department.

(3)  For special education students, the charter school shall

receive for each student enrolled the same funding as for each

non-special education student as provided in clause (2), plus an

additional amount determined by dividing the district of

residence's total special education expenditure by the product

of multiplying the combined percentage of section 2509.5(k)

times the district of residence's total average daily membership

for the prior school year. This amount shall be paid by the

district of residence of each student or, upon written request

of the charter school, by the department to the charter school

in which a Pennsylvania resident student is enrolled from any

allocation for basic education funding to which the school

district in which the student resides is entitled. The