SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EVERETT, AUMENT, BAKER, BOBACK, CAUSER, FLECK, GEIST, GINGRICH, GRELL, GROVE, HICKERNELL, KAUFFMAN, M. K. KELLER, METCALFE, MILLER, MILNE, RAPP, REICHLEY, ROSS, SWANGER, VULAKOVICH AND BROOKS, OCTOBER 18, 2011

SENATOR PICCOLA, EDUCATION, IN SENATE, RE-REPORTED AS AMENDED, JUNE 27, 2012   

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 grounds and buildings, further

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providing for work to be done under contract let on bids and

exceptions. in preliminary provisions, further providing for

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definitions, for background checks of prospective employees

and conviction of employees of certain offenses and for

collection of identifying information of students attending

institutions of higher education; providing for adjustments

based on Consumer Price Index and for Keystone Exams; in

school districts, further providing for moratorium on certain

data collection systems and data sets; in school finances,

providing for reopening of 2012-2013 budget and for

intergovernmental agreements for school security and safety;

in grounds and buildings, providing for limitation on new

applications for the Department of Education's approval of

public school building projects and further providing for

work to be done under contract let on bids and exception; in

books, furniture and supplies, further providing for purchase

of supplies; in district superintendents and assistant

district superintendents, further providing for eligibility

and for manner of election or approval, providing for

performance review and further providing for election of

assistant district superintendents, for term and salary of

assistants, for commissions and for removal; in professional

employees, further providing for causes for suspension; in

pupils and attendance, further providing for liability for

tuition and enforcement of payment and for school lunch and

breakfast reimbursement; in safe schools, further providing

for regulations; adding a requirement relating to

cardiopulmonary resuscitation; providing for open campus

initiatives; in high schools, further providing for

attendance in other districts; reenacting and amending

provisions relating to school boards and educational

empowerment; in community colleges, further providing for

financial program, reimbursement of payments; in Thaddeus

Stevens College of Technology, further providing for

contracts for construction, repair, renovation or

maintenance; in State System of Higher Education, further

providing for project contracts and for powers and duties of

institution presidents; in school districts of the first

class, further providing for superintendents of schools or

buildings and of supplies; in funding for public libraries,

providing for State and for fiscal year 2012-2013; in

reimbursements by Commonwealth and between school districts,

providing for basic education funding for 2011-2012 school

year, further providing for payments to intermediate units

and for special education payments to school districts,

providing for assistance to school districts certified as

education empowerment districts, further providing for

Pennsylvania accountability grants and providing for targeted

industry cluster certificate scholarship program; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 751(a) of the act of March 10, 1949

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

amended May 4, 1990 (P.L.164, No.38), is amended to read:

Section 751.  Work to be Done Under Contract Let on Bids;

Exception.--(a)  All construction, reconstruction, repairs,

maintenance or work of any nature, including the introduction of

plumbing, heating and ventilating, or lighting systems, upon any

school building or upon any school property, or upon any

building or portion of a building leased under the provisions of

section 703.1, made by any school district, where the entire

cost, value, or amount of such construction, reconstruction,

repairs, maintenance or work, including labor and material,

shall exceed ten thousand dollars ($10,000), shall be done under

separate contracts to be entered into by such school district

with the lowest responsible bidder, upon proper terms, after due

public notice has been given asking for competitive bids.

Whenever a board of school directors shall approve the use of a

prefabricated unit, complete in itself, for a school building or

other proper structure to be erected upon school property, the

board of school directors may have prepared appropriate

specifications detailing the size and material desired in a

particular prefabricated unit, including all utilities such as

plumbing, heating and ventilating, and electrical work, and may

advertise for a single bid on all the work and award the

contract therefor to the lowest responsible bidder: Provided,

That if due to an emergency a school plant or any part thereof

becomes unusable competitive bids for repairs or replacement may

be solicited from at least three responsible bidders, and upon

the approval of any of these bids by [the Secretary of

Education,] the board of school directors, the school district 

may proceed at once to make the necessary repairs or

replacements in accordance with the terms of said approved bid

or bids; and Provided further, That the school district shall

notify the Secretary of Education in a form and manner

determined by the Secretary of Education that an emergency has

occurred and a bid has been selected under the emergency process

provided for in this section.

* * *

Section 2.  This act shall take effect in 60 days.

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Section 1.  Section 102 of the act of March 10, 1949 (P.L.30,

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No.14), known as the Public School Code of 1949, is amended by

adding a definition to read:

Section 102.  Definitions.--When used in this act the

following words and phrases shall have the following meanings:

* * *

"Keystone Exam."  An assessment developed or caused to be

developed by the Department of Education pursuant to 22 Pa. Code

§ 4.51(f) (relating to State assessment system).

* * *

Section 2.  Section 111 heading, (a.1), (e), (f.1), (f.2),

(h), (i) and (j) of the act, amended or added July 11, 2006

(P.L.1092, No.114) and June 30, 2011 (P.L.112, No.24), are 

amended to read:

Section 111.  [Background Checks of] Criminal History of

Employes and Prospective Employes; Conviction of [Employes of]

Certain Offenses.--* * *

(a.1)  Beginning April 1, 2007, this section shall apply to

all current and prospective employes of public and private

schools, intermediate units and area vocational-technical

schools, including, but not limited to, teachers, substitutes,

janitors, cafeteria workers, independent contractors and their

employes, except those employes and independent contractors and

their employes who have no direct contact with children.

(1)  Beginning April 1, 2007, this section shall apply to bus

drivers employed or offered employment by a school district,

private school, nonpublic school, intermediate unit or area

vocational-technical school or by an independent contractor.

(2)  Beginning April 1, 2007, this section shall apply to

student teachers and student teacher candidates assigned to all

public and private schools, intermediate units and area

vocational-technical schools.

(3)  For purposes of this section, "student teacher" or 

"student teacher candidate" shall mean an individual

participating in a classroom teaching, internship, clinical or

field experience who, as part of a program for the initial or

advanced preparation of professional educators, performs

classroom teaching or assists in the education program in a

public or private school, intermediate unit or area vocational-

technical school under the supervision of educator preparation

program faculty.

(4)  Prior to a student teacher or student teacher

candidate's participation in any classroom teaching, internship,

clinical or field experience, [that candidate] the student

teacher or student teacher candidate shall provide to the

administrator of his or her educator preparation program all

criminal history record information required of an employe or

prospective employe who is subject to this section.

(5)  [The] A student teacher or student teacher candidate may

not participate in any classroom teaching, internship, clinical

or field experience if this section would prohibit an employe or

prospective employe subject to this section from being employed

under those circumstances.

(6)  During the course of a student teacher or student

teacher candidate's participation in an educator preparation

program, the administrator of the student teacher or student

teacher candidate's educator preparation program shall maintain

a copy of the criminal history record information that was

provided by the student teacher or student teacher candidate.

The penalty provisions of subsection (g) shall be applicable to

the administrator of a student teacher or student teacher

candidate's educator preparation program.

(7)  If a student teacher or student teacher candidate is

continuously enrolled in an educator preparation program, the

criminal history record information initially submitted by

[that] the student teacher or student teacher candidate to that

program shall remain valid during that period of enrollment,

subject to the requirements of subsection (j). If a student

teacher or student teacher candidate's enrollment in an educator

preparation program is interrupted or if [that] the student

teacher or student teacher candidate transfers to another

educator preparation program, the student teacher or student

teacher candidate shall provide to the administrator of his or

her educator preparation program all criminal history record

information required of an employe who is subject to this

section.

* * *

(e)  No person subject to this act shall be employed or

remain employed in a public or private school, intermediate unit

or area vocational-technical school where [the] a report of

criminal history record information or a form submitted by an

employe under subsection (j) indicates the [applicant] person 

has been convicted of any of the following offenses:

(1)  An offense under one or more of the following provisions

of Title 18 of the Pennsylvania Consolidated Statutes:

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor

vehicle or structure).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual

assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 3129 (relating to sexual intercourse with

animal).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of

children).

Section 4305 (relating to dealing in infant children).

A felony offense under section 5902(b) (relating to

prostitution and related offenses).

Section 5903(c) or (d) (relating to obscene and other

sexual materials and performances).

Section 6301(a)(1) (relating to corruption of minors).

Section 6312 (relating to sexual abuse of children).

Section 6318 (relating to unlawful contact with minor).

Section 6319 (relating to solicitation of minors to

traffic drugs).

Section 6320 (relating to sexual exploitation of

children).

(2)  An offense designated as a felony under the act of April

14, 1972 (P.L.233, No.64), known as "The Controlled Substance,

Drug, Device and Cosmetic Act."

(3)  An offense similar in nature to those crimes listed in

clauses (1) and (2) under the laws or former laws of the United

States or one of its territories or possessions, another state,

the District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation, or under a former law of this Commonwealth.

(f.1)  (1)  If [the] a report of criminal history record

information or a form submitted by an employe under subsection

(j) indicates the person has been convicted of an offense graded

as a felony offense of the first, second or third degree other

than [those] one of the offenses enumerated under subsection

(e), the person shall be eligible for continued or prospective

employment only if a period of ten years has elapsed from the

date of expiration of the sentence for the offense.

(2)  If [the conviction is for] a report of criminal history

record information or a form submitted by an employe under

subsection (j) indicates the person has been convicted of an

offense graded as a misdemeanor of the first degree, other than

one of the offenses enumerated in subsection (e), the person

shall be eligible for continued or prospective employment only

if a period of five years has elapsed from the date of

expiration of the sentence for the offense.

(3)  If the report of criminal history record information or

a form submitted by an employe under subsection (j) indicates

the person has been convicted more than once for an offense

under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to driving

under influence of alcohol or controlled substance) and the

offense is graded as a misdemeanor of the first degree under 75

Pa.C.S. § 3803 (relating to grading), the person shall be

eligible for current or prospective employment only if a period

of three years has elapsed from the date of expiration of the

sentence for the most recent offense.

(f.2)  Nothing in this section shall be construed to

interfere with the ability of a public or private school,

intermediate unit or area vocational-technical school to make

employment, discipline or termination decisions, provided that

this subsection shall not be construed to conflict with

subsection (e), (f.1) or (j)(6).

* * *

(h)  [Any] Subject to the requirements of subsection (j), any 

person who has once obtained the information required under

[this section] subsections (b), (c) and (c.1) may transfer to or

provide services to another school in the same district, diocese

or religious judicatory or established and supervised by the

same organization and shall not be required to obtain additional

reports before making such transfer.

(i)  Notwithstanding subsections (b), (c) and (c.1), and

subject to the requirements of subsection (j), administrators,

before April 1, 2007, may employ in-State applicants on a

provisional basis for a single period not to exceed thirty (30)

days and may employ out-of-State applicants on a provisional

basis for a single period not to exceed ninety (90) days and,

after March 31, 2007, may employ any applicants on a provisional

basis for a single period not to exceed ninety (90) days, except

during a lawful strike proceeding under the provisions of the

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

Employe Relations Act," provided that all of the following

conditions are met:

(1)  the applicant has applied for the information required

under subsection (b) and, where applicable, under subsection (c)

or (c.1) and the applicant provides a copy of the appropriate

completed request forms to the administrator;

(2)  the administrator has no knowledge of information

pertaining to the applicant which would disqualify him from

employment pursuant to subsection (e) or (f.1);

(3)  the applicant swears or affirms in writing that he is

not disqualified from employment pursuant to subsection (e) or

(f.1);

(4)  if the information obtained pursuant to subsection (b),

(c) or (c.1) reveals that the applicant is disqualified from

employment pursuant to subsection (e) or (f.1), the applicant

shall be suspended and subject to termination proceedings as

provided for by law; and

(5)  the administrator requires that the applicant not be

permitted to work alone with children and that the applicant

work in the immediate vicinity of a permanent employe.

(j)  (1)  The department shall develop a standardized form to

be used by current and prospective employes of public and

private schools, intermediate units and area vocational-

technical schools for the written reporting by current and

prospective employes of any arrest or conviction for an offense

enumerated under [subsection (e)] subsections (e) and (f.1). The

form shall provide a space in which a current or prospective

employe who has not been convicted of or arrested for any such

offense will respond "no conviction" and "no arrest." The form

also shall provide that failure to accurately report any arrest

or conviction for an offense enumerated under subsection (e) or

(f.1) shall subject the current or prospective employe to

criminal prosecution under 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities). The department shall

publish the form on its publicly accessible Internet website and

in the Pennsylvania Bulletin.

(2)  [Within ninety (90) days of the effective date of this

subsection, all current] All current and prospective employes of

a public or private school, intermediate unit or area

vocational-technical school shall complete the form described in

clause (1), indicating whether or not they have been arrested

for or convicted of an offense enumerated under [subsection (e)]

subsections (e) and (f.1).

(3)  If, as required in clause (2), [an] a current or

prospective employe refuses to submit the form described in

clause (1), the administrator or other person responsible for

employment decisions in a school or other institution shall

immediately require the current or prospective employe to submit

to the administrator a current report of criminal history record

information as required under subsections (a.1), (b) and (c.1).

(4)  If the arrest or conviction for an offense enumerated

under subsection (e) or (f.1) occurs after the effective date of

this subsection, the current or prospective employe shall

provide the administrator or designee with written notice

utilizing the form provided for in clause (1) not later than

seventy-two (72) hours after an arrest or conviction.

(5)  If an administrator or other person responsible for

employment decisions in a school or other institution has a

reasonable belief that [an] a current or prospective employe was

arrested or has a conviction for an offense required to be

reported under clause (2) or (4) and the employe or prospective

employe has not notified the administrator as required under

this section, the administrator or other person responsible for

employment decisions in a school or other institution shall

immediately require the current or prospective employe to submit

to the administrator a current report of criminal history record

information as required under subsections (a.1), (b) and (c.1).

The cost of the criminal background check shall be borne by the

employing entity.

(6)  [(i)  An] A current or prospective employe who willfully

fails to disclose a conviction or an arrest for an offense

enumerated under [subsection (e)(1)] this section shall be

subject to discipline up to and including termination or denial

of employment and may be subject to criminal prosecution under

18 Pa.C.S. § 4904 (relating to unsworn falsification to

authorities).

[(ii)  An employe who willfully fails to disclose a

conviction of any other offense required to be reported by this

section may be subject to discipline and may be subject to

criminal prosecution under 18 Pa.C.S. § 4904.]

Section 3.  Section 118(a)(1) of the act, added June 30, 2011

(P.L.112, No.24), is amended to read:

Section 118.  Collection of Identifying Information of

Students Attending Institutions of Higher Education.--(a)  The

following provisions shall apply to the Department of

Education's collection of identifying information of students:

(1)  The department may collect identifying information of

students only if:

(i)  the department is specifically required to do so under

Federal statute or regulation or under another provision of this

act; or

(ii)  the information is voluntarily provided by an

institution of higher education.

* * *

Section 4.  Section 119 of the act, added November 3, 2011

(P.L.400, No.97), is repealed:

[Section 119.  Adjustments Based on Consumer Price Index.--

Adjustments to the base amounts shall be made as follows:

(1)  The Department of Labor and Industry shall determine the

percentage change in the Consumer Price Index for All Urban

Consumers: All Items (CPI-U) for the United States City Average

as published by the United States Department of Labor, Bureau of

Labor Statistics, for the twelve-month period ending September

30, 2012, and for each successive twelve-month period

thereafter.

(2)  If the department determines that there is no positive

percentage change, then no adjustment to the base amounts shall

occur for the relevant time period.

(3)  (i)  If the department determines that there is a

positive percentage change in the first year that the

determination is made under paragraph (1), the positive

percentage change shall be multiplied by each base amount, and

the products shall be added to the base amounts, respectively,

and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to

the nearest one hundred dollars ($100) to determine the final

adjusted base amounts.

(4)  In each successive year in which there is a positive

percentage change in the CPI-U for the United States City

Average, the positive percentage change shall be multiplied by

the most recent preliminary adjusted amounts, and the products

shall be added to the preliminary adjusted amount of the prior

year to calculate the preliminary adjusted amounts for the

current year. The sums thereof shall be rounded to the nearest

one hundred dollars ($100) to determine the new final adjusted

base amounts.

(5)  The determinations and adjustments required under this

section shall be made in the period between October 1 and

November 15 of the year following the effective date of this

section and annually between October 1 and November 15 of each

year thereafter.

(6)  The final adjusted base amounts and new final adjusted

base amounts obtained under paragraphs (3) and (4) shall become

effective January 1 for the calendar year following the year in

which the determination required under paragraph (1) is made.

(7)  The department shall publish notice in the Pennsylvania

Bulletin prior to January 1 of each calendar year of the annual

percentage change determined under paragraph (1) and the

unadjusted or final adjusted base amounts determined under

paragraphs (3) and (4) at which competitive bidding is required

and written or telephonic price quotations are required,

respectively, for the calendar year beginning the first day of

January after publication of the notice. The notice shall

include a written and illustrative explanation of the

calculations performed by the department in establishing the

unadjusted or final adjusted base amounts under this section for

the ensuing calendar year.

(8)  The annual increase in the preliminary adjusted base

amounts obtained under paragraphs (3) and (4) shall not exceed

three percent (3%).]

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

Section 120.  Adjustments Based on Consumer Price Index.--

Adjustments to the base amounts shall be made as follows:

(1)  The Department of Labor and Industry shall determine the

percentage change in the Consumer Price Index for All Urban

Consumers: All Items (CPI-U) for the United States City Average

as published by the United States Department of Labor, Bureau of

Labor Statistics, for the twelve-month period ending September

30, 2012, and for each successive twelve-month period

thereafter.

(2)  If the Department of Labor and Industry determines that

there is no positive percentage change, then no adjustment to

the base amounts shall occur for the relevant time period.

(3)  (i)  If the Department of Labor and Industry determines

that there is a positive percentage change in the first year

that the determination is made under paragraph (1), the positive

percentage change shall be multiplied by each base amount, and

the products shall be added to the base amounts, respectively,

and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to

the nearest one hundred dollars ($100) to determine the final

adjusted base amounts.

(4)  In each successive year in which there is a positive

percentage change in the CPI-U for the United States City

Average, the positive percentage change shall be multiplied by

the most recent preliminary adjusted amounts, and the products

shall be added to the preliminary adjusted amount of the prior

year to calculate the preliminary adjusted amounts for the

current year. The sums thereof shall be rounded to the nearest

one hundred dollars ($100) to determine the new final adjusted

base amounts.

(5)  The determinations and adjustments required under this

section shall be made in the period between October 1 and

November 15, 2012, and annually between October 1 and November

15 of each year thereafter.

(6)  The final adjusted base amounts and new final adjusted

base amounts obtained under paragraphs (3) and (4) shall become

effective January 1 for the calendar year following the year in

which the determination required under paragraph (1) is made.

(7)  The Department of Labor and Industry shall publish

notice in the Pennsylvania Bulletin prior to January 1 of each

calendar year of the annual percentage change determined under

paragraph (1) and the unadjusted or final adjusted base amounts

determined under paragraphs (3) and (4) at which competitive

bidding is required and written or telephonic price quotations

are required, respectively, for the calendar year beginning the

first day of January after publication of the notice. The notice

shall include a written and illustrative explanation of the

calculations performed by the Department of Labor and Industry

in establishing the unadjusted or final adjusted base amounts

under this section for the ensuing calendar year.

(8)  The annual increase in the preliminary adjusted base

amounts obtained under paragraphs (3) and (4) shall not exceed

three percent (3%).

Section 121.  Keystone Exams.--Subject to annual

appropriation, not later than the 2020-2021 school year, the

Department of Education shall develop and implement Keystone

Exams in the following subjects: algebra I; literature; biology;

English composition; algebra II; geometry; United States

history; chemistry; civics and government; and world history.

The State Board of Education shall promulgate regulations,

subject to the act of June 25, 1982 (P.L.633, No.181), known as

the "Regulatory Review Act," necessary to implement this

section.

Section 6.  Section 221.1(a) of the act, added June 30, 2011

(P.L.112, No.24), is amended to read:

Section 221.1.  Moratorium on Certain Data Collection Systems

and Data Sets.--(a)  For the school years 2011-2012 and

2012-2013, the Department of Education and the Department of

Public Welfare shall suspend the collection of data through

Pennsylvania's Enterprise to Link Information for Children

Across Network (PELICAN) and the Pennsylvania Information

Management System (PIMS) except as follows:

(1)  Information required to meet Federal mandates in the

following:

(i)  The Elementary and Secondary Education Act of 1965

(Public Law 89-10, 20 U.S.C. § 6301 et seq.).

(ii)  The Individuals with Disabilities Education Act (Public

Law 91-230, 20 U.S.C. § 1400 et seq.).

(iii)  The Educational Technical Assistance Act of 2002

(Public Law 107-279, 116 Stat. 1975).

(iv)  Title VI of the America COMPETES Act or the America

Creating Opportunities to Meaningfully Promote Excellence in

Technology, Education, and Science Act (Public Law 110-69, 121

Stat. 572).

(v)  The American Recovery and Reinvestment Act of 2009

(Public Law 111-5, 123 Stat. 115).

(vi)  The Head Start Act (Public Law 97-35, 42 U.S.C. § 9831

et seq.).

(vii)  The Child Care and Development Block Grant Act of 1990

(Public Law 101-508, 42 U.S.C. § 9858 et seq.).

(viii)  The Social Security Act (49 Stat. 620, 42 U.S.C. §

301 et seq.).

(ix)  Any data pursuant to other Federal requirements and to

meet eligibility requirements for Federal funds.

(2)  Pennsylvania Value-Added Assessment System (PVAAS),

including any revisions or improvements made to the system.

(3)  Information required by the Department of Public Welfare

to supervise, license or register a child-care provider under

Articles IX and X of the act of June 13, 1967 (P.L.31, No.21),

known as the "Public Welfare Code."

(4)  Information relating to background checks required in

section 111 and in 23 Pa.C.S. §§ 6344 (relating to information

relating to prospective child-care personnel) and 6344.1

(relating to information relating to family day-care home

residents).

(5)  Information necessary for all payments or reimbursement

by the Commonwealth.

(6)  Information required to be reported pursuant to Article

XIII-A of this act.

(7)  Information which is voluntarily provided by an

institution of higher education.

* * *

Section 7.  The act is amended by adding sections to read:

Section 616.  Reopening of 2012-2013 Budget.--Notwithstanding

any other provisions of law, a board of school directors of a

school district may reopen its 2012-2013 budget to reflect the

following:

(1)  Federal and State allocations for fiscal years 2011-2012

and 2012-2013 provided by the act of June   , 2012 (P.L.   ,

No.   ), known as the General Appropriation Act of 2012; and

(2)  any increase in local revenue allocations that result

from other legislation enacted by the General Assembly during

the 2011 regular session.

Section 617.  Intergovernmental Agreements for School

Security and Safety.--The board of school directors of a school

district may enter into agreements with other political

subdivisions to provide for the safety and security of the

school. The board of school directors may use school funds to

share costs with municipalities and counties for such expenses

as benefits and salaries of school resource officers and

probation officers. Such officers are not required to be

employes of the school district and may be employes of other

political subdivisions.

Section 732.1.  Limitation on New Applications for Department

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

For the 2012-2013 fiscal year, the Department of Education shall

not accept or approve new school building construction or

reconstruction project applications. Completed school building

construction or reconstruction project applications received by

the Department of Education by October 1, 2012, are not subject

to this provision.

(b)  The Department of Education shall, in consultation with

school district officials and the General Assembly, conduct a

review of the Department of Education's current process through

which public school building projects are reviewed and approved

for Commonwealth reimbursement. The review shall incorporate an

analysis of impacting local factors including, but not limited

to, tax effort and building requirements, and shall make

recommendations to the chair and minority chair of the

Appropriations Committee of the Senate, the chair and minority

chair of the Education Committee of the Senate, the chair and

minority chair of the Appropriations Committee of the House of

Representatives and the chair and minority chair of the

Education Committee of the House of Representatives by May 1,

2013.

Section 8.  Sections 751(a), (a.1), (b) and (f) and 807.1 of

the act, amended November 3, 2011 (P.L.400, No.97), are amended

and the sections are amended by adding subsections to read:

Section 751.  Work to be Done Under Contract Let on Bids;

Exception.--[(a)  All construction, reconstruction, repairs,

maintenance or work of any nature, including the introduction of

plumbing, heating and ventilating, or lighting systems, upon any

school building or upon any school property, or upon any

building or portion of a building leased under the provisions of

section 703.1, made by any school district, where the entire

cost, value, or amount of such construction, reconstruction,

repairs, maintenance or work, including labor and material,

shall exceed a base amount of eighteen thousand five hundred

dollars ($18,500), subject to adjustment under section 119,

shall be done under separate contracts to be entered into by

such school district with the lowest responsible bidder, upon

proper terms, after due public notice has been given asking for

competitive bids. Whenever a board of school directors shall

approve the use of a prefabricated unit, complete in itself, for

a school building or other proper structure to be erected upon

school property, the board of school directors may have prepared

appropriate specifications detailing the size and material

desired in a particular prefabricated unit, including all

utilities such as plumbing, heating and ventilating, and

electrical work, and may advertise for a single bid on all the

work and award the contract therefor to the lowest responsible

bidder: Provided, That if due to an emergency a school plant or

any part thereof becomes unusable competitive bids for repairs

or replacement may be solicited from at least three responsible

bidders, and upon the approval of any of these bids by the

Secretary of Education, the board of school directors may

proceed at once to make the necessary repairs or replacements in

accordance with the terms of said approved bid or bids.

(a.1)  Written or telephonic price quotations from at least

three qualified and responsible contractors shall be requested

by the board of school directors for all contracts that exceed a 

base amount of ten thousand dollars ($10,000), subject to

adjustment under section 119, but are less than the amount

requiring advertisement and competitive bidding, or, in lieu of

price quotations, a memorandum shall be kept on file showing

that fewer than three qualified contractors exist in the market

area within which it is practicable to obtain quotations. A

written record of telephonic price quotations shall be made and

shall contain at least the date of the quotation, the name of

the contractor and the contractor's representative, the

construction, reconstruction, repair, maintenance or work which

was the subject of the quotation and the price. Written price

quotations, written records of telephonic price quotations and

memoranda shall be retained for a period of three years.]

(a.2)  All construction, reconstruction, repairs, maintenance

or work of any nature, including the introduction of plumbing,

heating and ventilating, or lighting systems, upon any school

building or upon any school property, or upon any building or

portion of a building leased under the provisions of section

703.1, made by any school district, where the entire cost,

value, or amount of such construction, reconstruction, repairs,

maintenance or work, including labor and material, shall exceed 

a base amount of eighteen thousand five hundred dollars

($18,500), subject to adjustment under section 120, shall be

done under separate contracts to be entered into by such school

district with the lowest responsible bidder, upon proper terms,

after due public notice has been given asking for competitive

bids. Whenever a board of school directors shall approve the use

of a prefabricated unit, complete in itself, for a school

building or other proper structure to be erected upon school

property, the board of school directors may have prepared

appropriate specifications detailing the size and material

desired in a particular prefabricated unit, including all

utilities such as plumbing, heating and ventilating, and

electrical work, and may advertise for a single bid on all the

work and award the contract therefor to the lowest responsible

bidder: Provided, That if due to an emergency a school plant or

any part thereof becomes unusable competitive bids for repairs

or replacement may be solicited from at least three responsible

bidders, and upon the approval of any of these bids by the board

of school directors, the school district may proceed at once to

make the necessary repairs or replacements in accordance with

the terms of said approved bid or bids; and Provided further,

That the school district shall notify the Secretary of Education

in a form and manner determined by the Secretary of Education

that an emergency has occurred and a bid has been selected under

the emergency process provided for in this section.

(a.3)  Written or telephonic price quotations from at least

three qualified and responsible contractors shall be requested

by the board of school directors for all contracts that exceed a

base amount of ten thousand dollars ($10,000), subject to

adjustment under section 120, but are less than the amount

requiring advertisement and competitive bidding, or, in lieu of

price quotations, a memorandum shall be kept on file showing

that fewer than three qualified contractors exist in the market

area within which it is practicable to obtain quotations. A

written record of telephonic price quotations shall be made and

shall contain at least the date of the quotation, the name of

the contractor and the contractor's representative, the

construction, reconstruction, repair, maintenance or work which

was the subject of the quotation and the price. Written price

quotations, written records of telephonic price quotations and

memoranda shall be retained for a period of three years.

[(b)  The board of school directors in any school district

may perform any construction, reconstruction, repairs, or work

of any nature, where the entire cost or value, including labor

and material, is less than a base amount of ten thousand dollars

($10,000), subject to adjustment under section 119, by its own

maintenance personnel. The board of school directors in any

school district may authorize the secretary of the board or

other executive to award contracts for construction,

reconstruction, repairs, or work of any nature, where the entire

cost or value, including labor and material, subject to

adjustment under section 119, is a base amount of eighteen

thousand five hundred dollars ($18,500) or less, without

soliciting competitive bids, subject, however, to the provisions

of subsection (a.1).]

(b.1)  The board of school directors in any school district

may perform any construction, reconstruction, repairs, or work

of any nature, where the entire cost or value, including labor

and material, is less than a base amount of ten thousand dollars

($10,000), subject to adjustment under section 120, by its own

maintenance personnel. The board of school directors in any

school district may authorize the secretary of the board or

other executive to award contracts for construction,

reconstruction, repairs, or work of any nature, where the entire

cost or value, including labor and material, subject to

adjustment under section 120, is a base amount of eighteen

thousand five hundred dollars ($18,500) or less, without

soliciting competitive bids, subject, however, to the provisions

of subsection (a.3).

* * *

[(f)  No board of school directors shall evade the provisions

of this section as to advertising for bids or purchasing

materials or contracting for services piecemeal for the purpose

of obtaining prices under a base amount of eighteen thousand

five hundred dollars ($18,500), subject to adjustment under

section 119, upon transactions which should, in the exercise of

reasonable discretion and prudence, be conducted as one

transaction amounting to more than a base amount of eighteen

thousand five hundred dollars ($18,500), subject to adjustment

under section 119. This provision is intended to make unlawful

the practice of evading advertising requirements by making a

series of purchases or contracts each for less than the

advertising requirement price, or by making several simultaneous

purchases or contracts each below said price, when in either

case the transaction involved should have been made as one

transaction for one price.]

(g)  No board of school directors shall evade the provisions

of this section as to advertising for bids or purchasing

materials or contracting for services piecemeal for the purpose

of obtaining prices under a base amount of eighteen thousand

five hundred dollars ($18,500), subject to adjustment under

section 120, upon transactions which should, in the exercise of

reasonable discretion and prudence, be conducted as one

transaction amounting to more than a base amount of eighteen

thousand five hundred dollars ($18,500), subject to adjustment

under section 120. This provision is intended to make unlawful

the practice of evading advertising requirements by making a

series of purchases or contracts each for less than the

advertising requirement price, or by making several simultaneous

purchases or contracts each below said price, when in either

case the transaction involved should have been made as one

transaction for one price.

Section 807.1.  Purchase of Supplies.--[(a)  All furniture,

equipment, textbooks, school supplies and other appliances for

the use of the public schools, costing, subject to adjustment

under section 119, a base amount of eighteen thousand five

hundred dollars ($18,500) or more shall be purchased by the

board of school directors only after due advertisement as

hereinafter provided. Supplies costing, subject to adjustment

under section 119, a base amount of eighteen thousand five

hundred dollars ($18,500) or more shall be purchased by the

board of school directors only after public notice has been

given by advertisement once a week for three (3) weeks in not

less than two (2) newspapers of general circulation. In any

district where no newspaper is published, said notice may, in

lieu of such publication, be posted in at least five (5) public

places.

(a.1)  Written or telephonic price quotations from at least

three qualified and responsible vendors shall be requested by

the board of school directors for all purchases of supplies that

exceed a base amount of ten thousand dollars ($10,000), subject

to adjustment under section 119, but are less than the amount

requiring advertisement and competitive bidding, or, in lieu of

price quotations, a memorandum shall be kept on file showing

that fewer than three qualified vendors exist in the market area

within which it is practicable to obtain quotations. A written

record of telephonic price quotations shall be made and shall

contain at least the date of the quotation, the name of the

vendor and the vendor's representative, the supplies which were

the subject of the quotation and the price of the supplies.

Written price quotations, written records of telephonic price

quotations and memoranda shall be retained for a period of three

years.]

(a.2)  All furniture, equipment, textbooks, school supplies

and other appliances for the use of the public schools costing,

subject to adjustment under section 120, a base amount of

eighteen thousand five hundred dollars ($18,500) or more shall

be purchased by the board of school directors only after due

advertisement as hereinafter provided. Supplies costing, subject

to adjustment under section 120, a base amount of eighteen

thousand five hundred dollars ($18,500) or more shall be

purchased by the board of school directors only after public

notice has been given by advertisement once a week for three (3)

weeks in not less than two (2) newspapers of general

circulation. In any district where no newspaper is published,

said notice may, in lieu of such publication, be posted in at

least five (5) public places.

(a.3)  Written or telephonic price quotations from at least

three qualified and responsible vendors shall be requested by

the board of school directors for all purchases of supplies that

exceed a base amount of ten thousand dollars ($10,000), subject

to adjustment under section 120, but are less than the amount

requiring advertisement and competitive bidding, or, in lieu of

price quotations, a memorandum shall be kept on file showing

that fewer than three (3) qualified vendors exist in the market

area within which it is practicable to obtain quotations. A

written record of telephonic price quotations shall be made and

shall contain at least the date of the quotation, the name of

the vendor and the vendor's representative, the supplies which

were the subject of the quotation and the price of the supplies.

Written price quotations, written records of telephonic price

quotations and memoranda shall be retained for a period of three

years.

[(b)  The board of school directors shall accept the bid of

the lowest responsible bidder, kind, quality, and material being

equal, but shall have the right to reject any and all bids, or

select a single item from any bid. The board of school directors

in any district may authorize or appoint the secretary of the

board or other executive as purchasing agent for the district,

with authority to purchase supplies that cost a base amount of 

less than eighteen thousand five hundred dollars ($18,500),

subject to adjustment under section 119.]

(b.1)  The board of school directors shall accept the bid of

the lowest responsible bidder, kind, quality, and material being

equal, but shall have the right to reject any and all bids, or

select a single item from any bid. The board of school directors

in any district may authorize or appoint the secretary of the

board or other executive as purchasing agent for the district,

with authority to purchase supplies that cost a base amount of

less than eighteen thousand five hundred dollars ($18,500),

subject to adjustment under section 120.

(c)  The following shall be exempt from the above provisions:

maps, music, globes, charts, educational films, filmstrips,

prepared transparencies and slides, pre-recorded magnetic tapes

and disc recordings, textbooks, games, toys, prepared kits,

flannel board materials, flash cards, models, projectuals and

teacher demonstration devices necessary for school use.

[(d)  No board of school directors shall evade the provisions

of this section as to advertising for bids or purchasing

materials piecemeal for the purpose of obtaining prices under

the base amount of eighteen thousand five hundred dollars

($18,500), subject to adjustment under section 119, upon

transactions which should, in the exercise of reasonable

discretion and prudence, be conducted as one transaction

amounting to more than a base amount of eighteen thousand five

hundred dollars ($18,500), subject to adjustment under section

119. This provision is intended to make unlawful the practice of

evading advertising requirements by making a series of purchases

or contracts each for less than the advertising requirement

price, or by making several simultaneous purchases or contracts

each below said price, when in either case the transaction

involved should have been made as one transaction for one

price.]

(e)  No board of school directors shall evade the provisions

of this section as to advertising for bids or purchasing

materials piecemeal for the purpose of obtaining prices under

the base amount of eighteen thousand five hundred dollars

($18,500), subject to adjustment under section 120, upon

transactions which should, in the exercise of reasonable

discretion and prudence, be conducted as one transaction

amounting to more than a base amount of eighteen thousand five

hundred dollars ($18,500), subject to adjustment under section

120. This provision is intended to make unlawful the practice of

evading advertising requirements by making a series of purchases

or contracts each for less than the advertising requirement

price, or by making several simultaneous purchases or contracts

each below said price, when in either case the transaction

involved should have been made as one transaction for one price.

Section 9.  Section 1003 of the act is amended by adding a

subsection to read:

Section 1003.  Eligibility.--* * *

(b.1)  The department shall, upon request in a form and

manner as prescribed by the department and made available on the

department's publicly accessible Internet website, confirm that

an individual satisfies the requirements of subsection (b) and

that the individual is eligible for election or appointment as a

district superintendent or assistant district superintendent.

Upon a school district's hiring of an individual who satisfies

the requirements of subsection (b), the department shall issue

the individual a commission.

* * *

Section 10.  Section 1073 of the act, amended January 14,

1970 (1969 P.L.468, No.192) and January 16, 1974 (P.L.1, No.1),

is amended to read:

Section 1073.  Manner of Election or Approval.--(a)  The

board of school directors of each school district[, except in

school districts of the first class,] shall meet at its regular

place of meeting, during the last year of the term of the

district superintendent or at any other time when a vacancy

shall occur in the office of district superintendent, at an hour

previously fixed by the board. The secretary of each board of

school directors shall mail to each member thereof at least five

days beforehand, a notice of the time, place and purpose of such

meeting. At such meeting the board shall elect or approve a

properly qualified district superintendent to enter into a

contract to serve a term of [from] three to five years from the

first day of July next following his election or from a time

mutually agreed upon by the duly elected district superintendent

and the board of school directors. The contract shall be subject  

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

"Right-to-Know Law."

(b)  At a regular meeting of the board of school directors

occurring at least one hundred fifty (150) days prior to the

expiration date of the term of office of the district

superintendent, the agenda shall include an item requiring

affirmative action by five or more members of the board of

school directors to notify the district superintendent that the

board intends to retain him for a further term of [from] three

(3) to five (5) years or that another or other candidates will

be considered for the office. In the event that the board fails

to take such action at a regular meeting of the board of school

directors occurring at least one hundred fifty (150) days prior

to the expiration date of the term of office of the district

superintendent, he shall continue in office for a further term

of similar length to that which he is serving.

(d)  The term of office or commission of a district

superintendent or assistant district superintendent shall not be

shortened by reason of the fact that the district in which he

serves shall [be come] become part of a joint school, or by

reason of the fact that the district in which he serves shall

become a part of a new school district established as the result

of reorganization of school districts pursuant to Article II.,

subdivision (i) or section 224 of this act. Any district

superintendent, assistant district superintendent or supervising

principal not selected as the district superintendent of the

joint school or newly established school district in which the

district he serves becomes a part shall be assigned to a

position or office for which he is eligible: Provided, however,

That in a new school district reorganized under Article II.,

subdivision (i) or section 224 of this act, he shall be assigned

to a position or office which is administrative or supervisory

in nature only, but there shall be no reduction in salary until

the expiration of his commission. Thereafter, unless elected to

an office requiring a commission he shall have the status of a

professional employe: Provided, That the board of school

directors may adjust the salary according to the classification

of the position to which he may be assigned, and that the period

of service as a commissioned district superintendent, assistant

district superintendent or associate superintendent shall be

counted as time served as a professional employe in determining

his seniority rights.

(e)  The following shall apply:

(1)  Notwithstanding any other provision of law, no

individual shall be employed as a district superintendent or

assistant district superintendent by a school district except

pursuant to a written contract of employment expressly stating

the terms and conditions of employment.

(2)  A contract for the employment of a district

superintendent or assistant district superintendent shall do all

of the following:

(i)  Contain the mutual and complete agreement between the

district superintendent or assistant district superintendent and

the board of school directors with respect to the terms and

conditions of employment.

(ii)  Consistent with State Board of Education certification

requirements, specify the duties, responsibilities, job

description and performance expectations, including performance  

standards and assessments provided for under section 1073.1.

(iii)  Incorporate all provisions relating to compensation

and benefits to be paid to or on behalf of the district

superintendent or assistant district superintendent.

(iv)  Specify the term of employment and state that the

contract shall terminate immediately, except as otherwise

provided under this section, upon the expiration of the term

unless the contract is allowed to renew automatically under

subsection (b).

(v)  Specify the termination, buyout and severance

provisions, including all postemployment compensation and the

period of time in which the compensation shall be provided.

Termination, buyout and severance provisions may not be modified

during the course of the contract or in the event a contract is

terminated prematurely.

(vi)  Contain provisions relating to outside work that may be

performed, if any.

(vii)  State that any modification to the contract must be in

writing.

(viii)  State that the contract shall be governed by the laws

of this Commonwealth.

(ix)  Limit compensation for unused sick leave in new

employment contracts entered into after the effective date of

this subsection for district superintendents or assistant

district superintendents who have no prior experience as a

district superintendent or assistant district superintendent to

the maximum compensation for unused sick leave under the school

district's administrator compensation plan under section 1164 in

effect at the time of the contract.

(x)  Limit transferred sick leave from previous employment to

not more than thirty (30) days in new employment contracts after

the effective date of this subsection for district

superintendents or assistant district superintendents who have

no prior experience as a district superintendent or assistant

district superintendent.

(xi)  Specify postretirement benefits and the period of time

in which the benefits shall be provided.

(3)  No agreement between the board of school directors and a

district superintendent or assistant district superintendent for

a negotiated severance of employment prior to the end of the

specified contract term shall provide for severance compensation

to the district superintendent or assistant district

superintendent, including the reasonable value of any noncash

severance benefits or postemployment benefits not otherwise

accruing under the contract or pursuant to law, that:

(i)  If the agreement takes effect two (2) years or more

prior to the end of the specified contract term, exceeds the

equivalent of one (1) year's compensation and benefits otherwise

due under the contract.

(ii)  If the agreement takes effect less than two (2) years

prior to the end of the specified contract term, exceeds the

equivalent of one-half of the total compensation and benefits

due under the contract for the remainder of the term.

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

Section 1073.1.  Performance Review.--(a)  In addition to any  

other requirements provided for under this act, the employment

contract for a district superintendent or assistant district

superintendent shall include objective performance standards

mutually agreed to in writing by the board of school directors

and the district superintendent or assistant district

superintendent. The objective performance standards may be based