SENATE AMENDED

 

PRIOR PRINTER'S NOS. 2570, 3845

PRINTER'S NO.  3885

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1901

Session of

2011

  

  

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 CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 2012   

  

  

  

AN ACT

  

1

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

2

act relating to the public school system, including certain

3

provisions applicable as well to private and parochial

4

schools; amending, revising, consolidating and changing the

5

laws relating thereto," in grounds and buildings, further

<--

6

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

7

exceptions. in preliminary provisions, further providing for

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8

definitions, for background checks of prospective employees

9

and conviction of employees of certain offenses and for

10

collection of identifying information of students attending

11

institutions of higher education; providing for adjustments

12

based on Consumer Price Index and for Keystone Exams; in

13

school districts, further providing for moratorium on certain

14

data collection systems and data sets; in school finances,

15

providing for reopening of 2012-2013 budget and for

16

intergovernmental agreements for school security and safety;

17

in grounds and buildings, providing for limitation on new

18

applications for the Department of Education's approval of

19

public school building projects and further providing for

20

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

21

books, furniture and supplies, further providing for purchase

22

of supplies; in district superintendents and assistant

23

district superintendents, further providing for eligibility

24

and for manner of election or approval, providing for

25

performance review and further providing for election of

26

assistant district superintendents, for term and salary of

27

assistants, for commissions and for removal; in professional

28

employees, further providing for rating system and for causes

<--

29

for suspension; in pupils and attendance, further providing

30

for liability for tuition and enforcement of payment and for

 


1

school lunch and breakfast reimbursement; in safe schools,

2

further providing for regulations; adding a requirement

3

relating to cardiopulmonary resuscitation; providing for open

4

campus initiatives; in high schools, further providing for

5

attendance in other districts; providing for disclosure by

<--

6

school entities of certain interscholastic athletic

7

opportunity information; reenacting and amending provisions

8

relating to school boards and educational empowerment; in

9

community colleges, further providing for financial program,

10

reimbursement of payments; in Thaddeus Stevens College of

11

Technology, further providing for contracts for construction,

12

repair, renovation or maintenance; in State System of Higher

13

Education, further providing for project contracts and for

14

powers and duties of institution presidents; in school

15

districts of the first class, further providing for

16

superintendents of schools or buildings and of supplies; in

17

funding for public libraries, providing for State and for

18

fiscal year 2012-2013; in reimbursements by Commonwealth and

19

between school districts, providing for basic education

20

funding for 2011-2012 school year, further providing for

21

payments to intermediate units and for special education

22

payments to school districts, providing for assistance to

23

school districts certified as education empowerment

24

districts, further providing for Pennsylvania accountability

25

grants and providing for targeted industry cluster

26

certificate scholarship program; and making editorial

27

changes.

28

The General Assembly of the Commonwealth of Pennsylvania

29

hereby enacts as follows:

30

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

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31

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

32

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

33

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

34

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

35

maintenance or work of any nature, including the introduction of

36

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

37

school building or upon any school property, or upon any

38

building or portion of a building leased under the provisions of

39

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

40

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

41

repairs, maintenance or work, including labor and material,

42

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

43

separate contracts to be entered into by such school district

- 2 -

 


1

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

2

public notice has been given asking for competitive bids.

3

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

4

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

5

other proper structure to be erected upon school property, the

6

board of school directors may have prepared appropriate

7

specifications detailing the size and material desired in a

8

particular prefabricated unit, including all utilities such as

9

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

10

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

11

contract therefor to the lowest responsible bidder: Provided,

12

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

13

becomes unusable competitive bids for repairs or replacement may

14

be solicited from at least three responsible bidders, and upon

15

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

16

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

17

may proceed at once to make the necessary repairs or

18

replacements in accordance with the terms of said approved bid

19

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

20

notify the Secretary of Education in a form and manner

21

determined by the Secretary of Education that an emergency has

22

occurred and a bid has been selected under the emergency process

23

provided for in this section.

24

* * *

25

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

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26

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

<--

27

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

28

adding a definition to read:

29

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

30

following words and phrases shall have the following meanings:

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1

* * *

2

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

3

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

4

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

5

* * *

6

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

7

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

8

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

9

amended to read:

10

Section 111.  [Background Checks of] Criminal History of

11

Employes and Prospective Employes; Conviction of [Employes of]

12

Certain Offenses.--* * *

13

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

14

all current and prospective employes of public and private

15

schools, intermediate units and area vocational-technical

16

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

17

janitors, cafeteria workers, independent contractors and their

18

employes, except those employes and independent contractors and

19

their employes who have no direct contact with children.

20

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

21

drivers employed or offered employment by a school district,

22

private school, nonpublic school, intermediate unit or area

23

vocational-technical school or by an independent contractor.

24

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

25

student teachers and student teacher candidates assigned to all

26

public and private schools, intermediate units and area

27

vocational-technical schools.

28

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

29

"student teacher candidate" shall mean an individual

30

participating in a classroom teaching, internship, clinical or

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1

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

2

advanced preparation of professional educators, performs

3

classroom teaching or assists in the education program in a

4

public or private school, intermediate unit or area vocational-

5

technical school under the supervision of educator preparation

6

program faculty.

7

(4)  Prior to a student teacher or student teacher

8

candidate's participation in any classroom teaching, internship,

9

clinical or field experience, [that candidate] the student

10

teacher or student teacher candidate shall provide to the

11

administrator of his or her educator preparation program all

12

criminal history record information required of an employe or

13

prospective employe who is subject to this section.

14

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

15

not participate in any classroom teaching, internship, clinical

16

or field experience if this section would prohibit an employe or

17

prospective employe subject to this section from being employed

18

under those circumstances.

19

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

20

teacher candidate's participation in an educator preparation

21

program, the administrator of the student teacher or student

22

teacher candidate's educator preparation program shall maintain

23

a copy of the criminal history record information that was

24

provided by the student teacher or student teacher candidate.

25

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

26

the administrator of a student teacher or student teacher

27

candidate's educator preparation program.

28

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

29

continuously enrolled in an educator preparation program, the

30

criminal history record information initially submitted by

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1

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

2

program shall remain valid during that period of enrollment,

3

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

4

teacher or student teacher candidate's enrollment in an educator

5

preparation program is interrupted or if [that] the student

6

teacher or student teacher candidate transfers to another

7

educator preparation program, the student teacher or student

8

teacher candidate shall provide to the administrator of his or

9

her educator preparation program all criminal history record

10

information required of an employe who is subject to this

11

section.

12

* * *

13

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

14

remain employed in a public or private school, intermediate unit

15

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

16

criminal history record information or a form submitted by an

17

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

18

has been convicted of any of the following offenses:

19

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

20

of Title 18 of the Pennsylvania Consolidated Statutes:

21

Chapter 25 (relating to criminal homicide).

22

Section 2702 (relating to aggravated assault).

23

Section 2709.1 (relating to stalking).

24

Section 2901 (relating to kidnapping).

25

Section 2902 (relating to unlawful restraint).

26

Section 2910 (relating to luring a child into a motor

27

vehicle or structure).

28

Section 3121 (relating to rape).

29

Section 3122.1 (relating to statutory sexual assault).

30

Section 3123 (relating to involuntary deviate sexual

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1

intercourse).

2

Section 3124.1 (relating to sexual assault).

3

Section 3124.2 (relating to institutional sexual

4

assault).

5

Section 3125 (relating to aggravated indecent assault).

6

Section 3126 (relating to indecent assault).

7

Section 3127 (relating to indecent exposure).

8

Section 3129 (relating to sexual intercourse with

9

animal).

10

Section 4302 (relating to incest).

11

Section 4303 (relating to concealing death of child).

12

Section 4304 (relating to endangering welfare of

13

children).

14

Section 4305 (relating to dealing in infant children).

15

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

16

prostitution and related offenses).

17

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

18

sexual materials and performances).

19

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

20

Section 6312 (relating to sexual abuse of children).

21

Section 6318 (relating to unlawful contact with minor).

22

Section 6319 (relating to solicitation of minors to

23

traffic drugs).

24

Section 6320 (relating to sexual exploitation of

25

children).

26

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

27

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

28

Drug, Device and Cosmetic Act."

29

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

30

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

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1

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

2

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

3

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

4

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

5

information or a form submitted by an employe under subsection

6

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

7

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

8

than [those] one of the offenses enumerated under subsection

9

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

10

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

11

date of expiration of the sentence for the offense.

12

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

13

record information or a form submitted by an employe under

14

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

15

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

16

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

17

shall be eligible for continued or prospective employment only

18

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

19

expiration of the sentence for the offense.

20

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

21

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

22

the person has been convicted more than once for an offense

23

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

24

under influence of alcohol or controlled substance) and the

25

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

26

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

27

eligible for current or prospective employment only if a period

28

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

29

sentence for the most recent offense.

30

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

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1

interfere with the ability of a public or private school,

2

intermediate unit or area vocational-technical school to make

3

employment, discipline or termination decisions, provided that

4

this subsection shall not be construed to conflict with

5

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

6

* * *

7

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

8

person who has once obtained the information required under

9

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

10

provide services to another school in the same district, diocese

11

or religious judicatory or established and supervised by the

12

same organization and shall not be required to obtain additional

13

reports before making such transfer.

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

during a lawful strike proceeding under the provisions of the

23

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

24

Employe Relations Act," provided that all of the following

25

conditions are met:

26

(1)  the applicant has applied for the information required

27

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

28

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

29

completed request forms to the administrator;

30

(2)  the administrator has no knowledge of information

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1

pertaining to the applicant which would disqualify him from

2

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

3

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

4

not disqualified from employment pursuant to subsection (e) or

5

(f.1);

6

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

7

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

8

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

9

shall be suspended and subject to termination proceedings as

10

provided for by law; and

11

(5)  the administrator requires that the applicant not be

12

permitted to work alone with children and that the applicant

13

work in the immediate vicinity of a permanent employe.

14

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

15

be used by current and prospective employes of public and

16

private schools, intermediate units and area vocational-

17

technical schools for the written reporting by current and

18

prospective employes of any arrest or conviction for an offense

19

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

20

form shall provide a space in which a current or prospective

21

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

22

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

23

also shall provide that failure to accurately report any arrest

24

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

25

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

26

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

27

unsworn falsification to authorities). The department shall

28

publish the form on its publicly accessible Internet website and

29

in the Pennsylvania Bulletin.

30

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

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1

subsection, all current] All current and prospective employes of

2

a public or private school, intermediate unit or area

3

vocational-technical school shall complete the form described in

4

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

5

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

6

subsections (e) and (f.1), provided that any current employe who

<--

7

completed the form on or before December 27, 2011, in compliance

8

with clauses (1) and (2) on that date and who has not been

9

arrested for or convicted of an offense enumerated under

10

subsections (e) and (f.1) shall not be required to complete an

11

additional form under this subsection.

12

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

13

prospective employe refuses to submit the form described in

14

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

15

employment decisions in a school or other institution shall

16

immediately require the current or prospective employe to submit

17

to the administrator a current report of criminal history record

18

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

19

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

20

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

21

this subsection, the current or prospective employe shall

22

provide the administrator or designee with written notice

23

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

24

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

25

(5)  If an administrator or other person responsible for

26

employment decisions in a school or other institution has a

27

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

28

arrested or has a conviction for an offense required to be

29

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

30

employe has not notified the administrator as required under

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1

this section, the administrator or other person responsible for

2

employment decisions in a school or other institution shall

3

immediately require the current or prospective employe to submit

4

to the administrator a current report of criminal history record

5

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

6

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

7

employing entity.

8

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

9

fails to disclose a conviction or an arrest for an offense

10

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

11

subject to discipline up to and including termination or denial

12

of employment and may be subject to criminal prosecution under

13

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

14

authorities).

15

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

16

conviction of any other offense required to be reported by this

17

section may be subject to discipline and may be subject to

18

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

19

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

20

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

21

Section 118.  Collection of Identifying Information of

22

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

23

following provisions shall apply to the Department of

24

Education's collection of identifying information of students:

25

(1)  The department may collect identifying information of

26

students only if:

27

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

28

Federal statute or regulation or under another provision of this

29

act; or

30

(ii)  the information is voluntarily provided by an

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1

institution of higher education.

2

* * *

3

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

4

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

5

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

6

Adjustments to the base amounts shall be made as follows:

7

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

8

percentage change in the Consumer Price Index for All Urban

9

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

10

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

11

Labor Statistics, for the twelve-month period ending September

12

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

13

thereafter.

14

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

15

percentage change, then no adjustment to the base amounts shall

16

occur for the relevant time period.

17

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

18

positive percentage change in the first year that the

19

determination is made under paragraph (1), the positive

20

percentage change shall be multiplied by each base amount, and

21

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

22

and the sums shall be preliminary adjusted amounts.

23

(ii)  The preliminary adjusted amounts shall be rounded to

24

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

25

adjusted base amounts.

26

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

27

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

28

Average, the positive percentage change shall be multiplied by

29

the most recent preliminary adjusted amounts, and the products

30

shall be added to the preliminary adjusted amount of the prior

- 13 -

 


1

year to calculate the preliminary adjusted amounts for the

2

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

3

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

4

base amounts.

5

(5)  The determinations and adjustments required under this

6

section shall be made in the period between October 1 and

7

November 15 of the year following the effective date of this

8

section and annually between October 1 and November 15 of each

9

year thereafter.

10

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

11

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

12

effective January 1 for the calendar year following the year in

13

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

14

(7)  The department shall publish notice in the Pennsylvania

15

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

16

percentage change determined under paragraph (1) and the

17

unadjusted or final adjusted base amounts determined under

18

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

19

and written or telephonic price quotations are required,

20

respectively, for the calendar year beginning the first day of

21

January after publication of the notice. The notice shall

22

include a written and illustrative explanation of the

23

calculations performed by the department in establishing the

24

unadjusted or final adjusted base amounts under this section for

25

the ensuing calendar year.

26

(8)  The annual increase in the preliminary adjusted base

27

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

28

three percent (3%).]

29

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

30

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

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1

Adjustments to the base amounts shall be made as follows:

2

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

3

percentage change in the Consumer Price Index for All Urban

4

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

5

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

6

Labor Statistics, for the twelve-month period ending September

7

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

8

thereafter.

9

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

10

there is no positive percentage change, then no adjustment to

11

the base amounts shall occur for the relevant time period.

12

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

13

that there is a positive percentage change in the first year

14

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

15

percentage change shall be multiplied by each base amount, and

16

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

17

and the sums shall be preliminary adjusted amounts.

18

(ii)  The preliminary adjusted amounts shall be rounded to

19

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

20

adjusted base amounts.

21

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

22

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

23

Average, the positive percentage change shall be multiplied by

24

the most recent preliminary adjusted amounts, and the products

25

shall be added to the preliminary adjusted amount of the prior

26

year to calculate the preliminary adjusted amounts for the

27

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

28

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

29

base amounts.

30

(5)  The determinations and adjustments required under this

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1

section shall be made in the period between October 1 and

2

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

3

15 of each year thereafter.

4

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

5

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

6

effective January 1 for the calendar year following the year in

7

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

8

(7)  The Department of Labor and Industry shall publish

9

notice in the Pennsylvania Bulletin prior to January 1 of each

10

calendar year of the annual percentage change determined under

11

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

12

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

13

bidding is required and written or telephonic price quotations

14

are required, respectively, for the calendar year beginning the

15

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

16

shall include a written and illustrative explanation of the

17

calculations performed by the Department of Labor and Industry

18

in establishing the unadjusted or final adjusted base amounts

19

under this section for the ensuing calendar year.

20

(8)  The annual increase in the preliminary adjusted base

21

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

22

three percent (3%).

23

Section 121.  Keystone Exams.--Subject to annual

24

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

25

Department of Education shall develop and implement Keystone

26

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

27

English composition; algebra II; geometry; United States

28

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

29

The State Board of Education shall promulgate regulations,

30

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

- 16 -

 


1

the "Regulatory Review Act," necessary to implement this

2

section.

3

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

4

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

5

Section 221.1.  Moratorium on Certain Data Collection Systems

6

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

7

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

8

Public Welfare shall suspend the collection of data through

9

Pennsylvania's Enterprise to Link Information for Children

10

Across Network (PELICAN) and the Pennsylvania Information

11

Management System (PIMS) except as follows:

12

(1)  Information required to meet Federal mandates in the

13

following:

14

(i)  The Elementary and Secondary Education Act of 1965

15

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

16

(ii)  The Individuals with Disabilities Education Act (Public

17

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

18

(iii)  The Educational Technical Assistance Act of 2002

19

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

20

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

21

Creating Opportunities to Meaningfully Promote Excellence in

22

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

23

Stat. 572).

24

(v)  The American Recovery and Reinvestment Act of 2009

25

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

26

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

27

et seq.).

28

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

29

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

30

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

- 17 -

 


1

301 et seq.).

2

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

3

meet eligibility requirements for Federal funds.

4

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

5

including any revisions or improvements made to the system.

6

(3)  Information required by the Department of Public Welfare

7

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

8

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

9

known as the "Public Welfare Code."

10

(4)  Information relating to background checks required in

11

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

12

relating to prospective child-care personnel) and 6344.1

13

(relating to information relating to family day-care home

14

residents).

15

(5)  Information necessary for all payments or reimbursement

16

by the Commonwealth.

17

(6)  Information required to be reported pursuant to Article

18

XIII-A of this act.

19

(7)  Information which is voluntarily provided by an

20

institution of higher education.

21

* * *

22

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

23

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

24

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

25

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

26

following:

27

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

28

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

29

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

30

(2)  any increase in local revenue allocations that result

- 18 -

 


1

from other legislation enacted by the General Assembly during

2

the 2011 regular session.

3

Section 617.  Intergovernmental Agreements for School

4

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

5

district may enter into agreements with other political

6

subdivisions to provide for the safety and security of the

7

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

8

share costs with municipalities and counties for such expenses

9

as benefits and salaries of school resource officers and

10

probation officers. Such officers are not required to be

11

employes of the school district and may be employes of other

12

political subdivisions.

13

Section 732.1.  Limitation on New Applications for Department

14

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

15

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

16

not accept or approve new school building construction or

17

reconstruction project applications. Completed school building

18

construction or reconstruction project applications received by

19

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

20

to this provision.

21

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

22

school district officials and the General Assembly, conduct a

23

review of the Department of Education's current process through

24

which public school building projects are reviewed and approved

25

for Commonwealth reimbursement. The review shall incorporate an

26

analysis of impacting local factors including, but not limited

27

to, tax effort and building requirements, and shall make

28

recommendations to the chair and minority chair of the

29

Appropriations Committee of the Senate, the chair and minority

30

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

- 19 -

 


1

minority chair of the Appropriations Committee of the House of

2

Representatives and the chair and minority chair of the

3

Education Committee of the House of Representatives by May 1,

4

2013.

5

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

6

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

7

and the sections are amended by adding subsections to read:

8

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

9

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

10

maintenance or work of any nature, including the introduction of

11

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

12

school building or upon any school property, or upon any

13

building or portion of a building leased under the provisions of

14

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

15

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

16

repairs, maintenance or work, including labor and material,

17

shall exceed a base amount of eighteen thousand five hundred

18

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

19

shall be done under separate contracts to be entered into by

20

such school district with the lowest responsible bidder, upon

21

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

22

competitive bids. Whenever a board of school directors shall

23

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

24

a school building or other proper structure to be erected upon

25

school property, the board of school directors may have prepared

26

appropriate specifications detailing the size and material

27

desired in a particular prefabricated unit, including all

28

utilities such as plumbing, heating and ventilating, and

29

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

30

work and award the contract therefor to the lowest responsible

- 20 -

 


1

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

2

any part thereof becomes unusable competitive bids for repairs

3

or replacement may be solicited from at least three responsible

4

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

5

Secretary of Education, the board of school directors may

6

proceed at once to make the necessary repairs or replacements in

7

accordance with the terms of said approved bid or bids.

8

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

9

three qualified and responsible contractors shall be requested

10

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

11

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

12

adjustment under section 119, but are less than the amount

13

requiring advertisement and competitive bidding, or, in lieu of

14

price quotations, a memorandum shall be kept on file showing

15

that fewer than three qualified contractors exist in the market

16

area within which it is practicable to obtain quotations. A

17

written record of telephonic price quotations shall be made and

18

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

19

the contractor and the contractor's representative, the

20

construction, reconstruction, repair, maintenance or work which

21

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

22

quotations, written records of telephonic price quotations and

23

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

24

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

25

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

26

heating and ventilating, or lighting systems, upon any school

27

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

28

portion of a building leased under the provisions of section

29

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

30

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

- 21 -

 


1

maintenance or work, including labor and material, shall exceed 

2

a base amount of eighteen thousand five hundred dollars

3

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

4

done under separate contracts to be entered into by such school

5

district with the lowest responsible bidder, upon proper terms,

6

after due public notice has been given asking for competitive

7

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

8

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

9

building or other proper structure to be erected upon school

10

property, the board of school directors may have prepared

11

appropriate specifications detailing the size and material

12

desired in a particular prefabricated unit, including all

13

utilities such as plumbing, heating and ventilating, and

14

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

15

work and award the contract therefor to the lowest responsible

16

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

17

any part thereof becomes unusable competitive bids for repairs

18

or replacement may be solicited from at least three responsible

19

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

20

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

21

make the necessary repairs or replacements in accordance with

22

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

23

That the school district shall notify the Secretary of Education

24

in a form and manner determined by the Secretary of Education

25

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

26

the emergency process provided for in this section.

27

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

28

three qualified and responsible contractors shall be requested

29

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

30

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

- 22 -

 


1

adjustment under section 120, but are less than the amount

2

requiring advertisement and competitive bidding, or, in lieu of

3

price quotations, a memorandum shall be kept on file showing

4

that fewer than three qualified contractors exist in the market

5

area within which it is practicable to obtain quotations. A

6

written record of telephonic price quotations shall be made and

7

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

8

the contractor and the contractor's representative, the

9

construction, reconstruction, repair, maintenance or work which

10

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

11

quotations, written records of telephonic price quotations and

12

memoranda shall be retained for a period of three years.

13

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

14

may perform any construction, reconstruction, repairs, or work

15

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

16

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

17

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

18

maintenance personnel. The board of school directors in any

19

school district may authorize the secretary of the board or

20

other executive to award contracts for construction,

21

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

22

cost or value, including labor and material, subject to

23

adjustment under section 119, is a base amount of eighteen

24

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

25

soliciting competitive bids, subject, however, to the provisions

26

of subsection (a.1).]

27

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

28

may perform any construction, reconstruction, repairs, or work

29

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

30

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

- 23 -

 


1

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

2

maintenance personnel. The board of school directors in any

3

school district may authorize the secretary of the board or

4

other executive to award contracts for construction,

5

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

6

cost or value, including labor and material, subject to

7

adjustment under section 120, is a base amount of eighteen

8

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

9

soliciting competitive bids, subject, however, to the provisions

10

of subsection (a.3).

11

* * *

12

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

13

of this section as to advertising for bids or purchasing

14

materials or contracting for services piecemeal for the purpose

15

of obtaining prices under a base amount of eighteen thousand

16

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

17

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

18

reasonable discretion and prudence, be conducted as one

19

transaction amounting to more than a base amount of eighteen

20

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

21

under section 119. This provision is intended to make unlawful

22

the practice of evading advertising requirements by making a

23

series of purchases or contracts each for less than the

24

advertising requirement price, or by making several simultaneous

25

purchases or contracts each below said price, when in either

26

case the transaction involved should have been made as one

27

transaction for one price.]

28

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

29

of this section as to advertising for bids or purchasing

30

materials or contracting for services piecemeal for the purpose

- 24 -

 


1

of obtaining prices under a base amount of eighteen thousand

2

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

3

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

4

reasonable discretion and prudence, be conducted as one

5

transaction amounting to more than a base amount of eighteen

6

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

7

under section 120. This provision is intended to make unlawful

8

the practice of evading advertising requirements by making a

9

series of purchases or contracts each for less than the

10

advertising requirement price, or by making several simultaneous

11

purchases or contracts each below said price, when in either

12

case the transaction involved should have been made as one

13

transaction for one price.

14

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

15

equipment, textbooks, school supplies and other appliances for

16

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

17

under section 119, a base amount of eighteen thousand five

18

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

19

board of school directors only after due advertisement as

20

hereinafter provided. Supplies costing, subject to adjustment

21

under section 119, a base amount of eighteen thousand five

22

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

23

board of school directors only after public notice has been

24

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

25

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

26

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

27

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

28

places.

29

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

30

three qualified and responsible vendors shall be requested by

- 25 -

 


1

the board of school directors for all purchases of supplies that

2

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

3

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

4

requiring advertisement and competitive bidding, or, in lieu of

5

price quotations, a memorandum shall be kept on file showing

6

that fewer than three qualified vendors exist in the market area

7

within which it is practicable to obtain quotations. A written

8

record of telephonic price quotations shall be made and shall

9

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

10

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

11

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

12

Written price quotations, written records of telephonic price

13

quotations and memoranda shall be retained for a period of three

14

years.]

15

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

16

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

17

subject to adjustment under section 120, a base amount of

18

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

19

be purchased by the board of school directors only after due

20

advertisement as hereinafter provided. Supplies costing, subject

21

to adjustment under section 120, a base amount of eighteen

22

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

23

purchased by the board of school directors only after public

24

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

25

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

26

circulation. In any district where no newspaper is published,

27

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

28

least five (5) public places.

29

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

30

three qualified and responsible vendors shall be requested by

- 26 -

 


1

the board of school directors for all purchases of supplies that

2

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

3

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

4

requiring advertisement and competitive bidding, or, in lieu of

5

price quotations, a memorandum shall be kept on file showing

6

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

7

area within which it is practicable to obtain quotations. A

8

written record of telephonic price quotations shall be made and

9

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

10

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

11

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

12

Written price quotations, written records of telephonic price

13

quotations and memoranda shall be retained for a period of three

14

years.

15

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

16

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

17

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

18

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

19

in any district may authorize or appoint the secretary of the

20

board or other executive as purchasing agent for the district,

21

with authority to purchase supplies that cost a base amount of 

22

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

23

subject to adjustment under section 119.]

24

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

25

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

26

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

27

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

28

in any district may authorize or appoint the secretary of the

29

board or other executive as purchasing agent for the district,

30

with authority to purchase supplies that cost a base amount of

- 27 -

 


1

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

2

subject to adjustment under section 120.

3

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

4

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

5

prepared transparencies and slides, pre-recorded magnetic tapes

6

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

7

flannel board materials, flash cards, models, projectuals and

8

teacher demonstration devices necessary for school use.

9

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

10

of this section as to advertising for bids or purchasing

11

materials piecemeal for the purpose of obtaining prices under

12

the base amount of eighteen thousand five hundred dollars

13

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

14

transactions which should, in the exercise of reasonable

15

discretion and prudence, be conducted as one transaction

16

amounting to more than a base amount of eighteen thousand five

17

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

18

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

19

evading advertising requirements by making a series of purchases

20

or contracts each for less than the advertising requirement

21

price, or by making several simultaneous purchases or contracts

22

each below said price, when in either case the transaction

23

involved should have been made as one transaction for one

24

price.]

25

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

26

of this section as to advertising for bids or purchasing

27

materials piecemeal for the purpose of obtaining prices under

28

the base amount of eighteen thousand five hundred dollars

29

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

30

transactions which should, in the exercise of reasonable

- 28 -

 


1

discretion and prudence, be conducted as one transaction

2

amounting to more than a base amount of eighteen thousand five

3

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

4

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

5

evading advertising requirements by making a series of purchases

6

or contracts each for less than the advertising requirement

7

price, or by making several simultaneous purchases or contracts

8

each below said price, when in either case the transaction

9

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

10

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

<--

11

subsection, amended June 30, 2011 (P.L.112, No.24), is amended 

<--

12

to read:

13

Section 1003.  Eligibility.--* * *(a)  Except as otherwise

<--

14

provided in [subsection (b)] subsections (b) and (b.1), no 

15

person shall receive a letter of eligibility or be elected or

16

appointed as a district superintendent or assistant district

17

superintendent, unless--

18

(1)  He holds a diploma from a college or other institution

19

approved by the Department of Education;

20

(2)  He has had six (6) years' successful teaching

21

experience, not less than three of which shall have been in a

22

supervisory or administrative capacity;

23

(3)  He has completed in a college or university a graduate

24

program in education approved by the Department of Education

25

that includes the Pennsylvania school leadership standards under

26

section 1217. Completion of the program shall not be subject to

27

waiver under section 1714-B unless the candidate provides to the

28

Secretary of Education evidence that the candidate has

29

successfully completed an equivalent leadership development

30

program that addresses the school leadership standards under

- 29 -

 


1

section 1217.

2

(4)  Provided that in school districts of the first class,

3

five (5) years of administrative experience at the level of

4

assistant, associate or deputy superintendent, may be

5

substituted for prescribed graduate administrative courses, and

6

which shall be the responsibility of the Secretary of Education

7

to review these equivalences to conform with State board

8

regulations.

9

(b)  Notwithstanding the requirements of subsection (a), a

10

person shall be eligible for election or appointment as a

11

district superintendent or assistant district superintendent if

12

he holds a graduate degree from an accredited higher education

13

institution in business [or finance], finance or management and

14

has at least four (4) years of relevant experience in business,

15

finance or management.

16

(b.1)  Notwithstanding the requirements of subsection (a), a

17

person shall be eligible for election or appointment as a

18

district superintendent or assistant district superintendent if

19

he holds a juris doctorate degree from an accredited law school

20

and has at least four (4) years of relevant experience in law.

21

This subsection shall expire three (3) years from the effective

22

date of this subsection. A person who is issued a commission by

23

the department based on satisfaction of the requirements of this

24

subsection may retain his commission after the expiration of

25

this subsection.

26

(b.1) (b.2)  The department shall, upon request in a form and

<--

27

manner as prescribed by the department and made available on the

28

department's publicly accessible Internet website, confirm that

29

an individual satisfies the requirements of subsection (b) or

<--

30

(b.1) and that the individual is eligible for election or

- 30 -

 


1

appointment as a district superintendent or assistant district

2

superintendent. Upon a school district's hiring of an individual

3

who satisfies the requirements of subsection (b) or (b.1), the

<--

4

department shall issue the individual a commission.

5

* * *

<--

6

(c)  Notwithstanding the provisions of sections 1205.1(f),

<--

7

1205.2(n.1) and 1205.5(h), a person elected or appointed as a

8

district superintendent or assistant district superintendent for

9

the first time in this Commonwealth under subsection (b) or

10

(b.1) shall successfully complete a leadership development

11

program that meets the Pennsylvania school leadership standards

12

under section 1217.

13

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

14

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

15

is amended to read:

16

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

17

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

18

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

19

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

20

district superintendent or at any other time when a vacancy

21

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

22

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

23

school directors shall mail to each member thereof at least five

24

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

25

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

26

properly qualified district superintendent to enter into a

27

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

28

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

29

mutually agreed upon by the duly elected district superintendent

30

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

- 31 -

 


1

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

2

"Right-to-Know Law."

3

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

4

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

5

expiration date of the term of office of the district

6

superintendent, the agenda shall include an item requiring

7

affirmative action by five or more members of the board of

8

school directors to notify the district superintendent that the

9

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

10

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

11

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

12

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

13

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

14

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

15

superintendent, he shall continue in office for a further term

16

of similar length to that which he is serving.

17

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

18

superintendent or assistant district superintendent shall not be

19

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

20

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

21

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

22

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

23

of reorganization of school districts pursuant to Article II.,

24

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

25

superintendent, assistant district superintendent or supervising

26

principal not selected as the district superintendent of the

27

joint school or newly established school district in which the

28

district he serves becomes a part shall be assigned to a

29

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

30

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

- 32 -

 


1

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

2

to a position or office which is administrative or supervisory

3

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

4

the expiration of his commission. Thereafter, unless elected to

5

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

6

professional employe: Provided, That the board of school

7

directors may adjust the salary according to the classification

8

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

9

of service as a commissioned district superintendent, assistant

10

district superintendent or associate superintendent shall be

11

counted as time served as a professional employe in determining

12

his seniority rights.

13

(e)  The following shall apply:

14

(1)  Notwithstanding any other provision of law, no

15

individual shall be employed as a district superintendent or

16

assistant district superintendent by a school district except

17

pursuant to a written contract of employment expressly stating

18

the terms and conditions of employment.

19

(2)  A contract for the employment of a district

20

superintendent or assistant district superintendent shall do all

21

of the following:

22

(i)  Contain the mutual and complete agreement between the

23

district superintendent or assistant district superintendent and

24

the board of school directors with respect to the terms and

25

conditions of employment.

26

(ii)  Consistent with State Board of Education certification

27

requirements, specify the duties, responsibilities, job

28

description and performance expectations, including performance  

29

standards and assessments provided for under section 1073.1.

30

(iii)  Incorporate all provisions relating to compensation

- 33 -

 


1

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

2

superintendent or assistant district superintendent.

3

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

4

contract shall terminate immediately, except as otherwise

5

provided under this section, upon the expiration of the term

6

unless the contract is allowed to renew automatically under

7

subsection (b).

8

(v)  Specify the termination, buyout and severance

9

provisions, including all postemployment compensation and the

10

period of time in which the compensation shall be provided.

11

Termination, buyout and severance provisions may not be modified

12

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

13

terminated prematurely.

14

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

15

performed, if any.

16

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

17

writing.

18

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

19

of this Commonwealth.

20

(ix)  Limit compensation for unused sick leave in new

21

employment contracts entered into after the effective date of

22

this subsection for district superintendents or assistant

23

district superintendents who have no prior experience as a

24

district superintendent or assistant district superintendent to

25

the maximum compensation for unused sick leave under the school

26

district's administrator compensation plan under section 1164 in

27

effect at the time of the contract.

28

(x)  Limit transferred sick leave from previous employment to

29

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

30

the effective date of this subsection for district

- 34 -

 


1

superintendents or assistant district superintendents who have

2

no prior experience as a district superintendent or assistant

3

district superintendent.

4

(xi)  Specify postretirement benefits and the period of time

5

in which the benefits shall be provided.

6

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

7

district superintendent or assistant district superintendent for

8

a negotiated severance of employment prior to the end of the

9

specified contract term shall provide for severance compensation

10

to the district superintendent or assistant district

11

superintendent, including the reasonable value of any noncash

12

severance benefits or postemployment benefits not otherwise

13

accruing under the contract or pursuant to law, that:

14

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

15

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

16

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

17

due under the contract.

18

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

19

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

20

equivalent of one-half of the total compensation and benefits

21

due under the contract for the remainder of the term.

22

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

23

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

24

other requirements provided for under this act, the employment

25

contract for a district superintendent or assistant district

26

superintendent shall include objective performance standards

27

mutually agreed to in writing by the board of school directors

28

and the district superintendent or assistant district

29

superintendent. The objective performance standards may be based

- 35 -

 


1

upon the following:

2

(1)  achievement of annual measurable objectives established

3

by the school district;

4

(2)  achievement on Pennsylvania System of School Assessment

5

(PSSA) tests;

6

(3)  achievement on Keystone Exams;

7

(4)  student growth as measured by the Pennsylvania Value-

8

Added Assessment System;

9

(5)  attrition rates or graduation rates;

10

(6)  financial management standards;

11

(7)  standards of operational excellence; or

12

(8)  any additional criteria deemed relevant and mutually

13

agreed to by the board of school directors and the district

14

superintendent or assistant district superintendent.

15

(b)  The board of school directors shall conduct a formal

16

written performance assessment of the district superintendent

17

and assistant district superintendent annually. A time frame for

18

the assessment shall be included in the contract.

19

(b.1)  The board of school directors shall post the mutually

20

agreed to objective performance standards contained in the

21

contract on the school district's publicly accessible Internet

22

website. Upon completion of the annual performance assessment,

23

the board of school directors shall post the date of the

24

assessment and whether or not the district superintendent and

25

assistant district superintendent have met the agreed to

26

objective performance standards on the school district's

27

publicly accessible Internet website.

28

(c)  The State Board of Education may promulgate regulations

29

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

30

the "Regulatory Review Act," in order to implement this section.

- 36 -

 


1

Section 12.  Sections 1076 and 1077 of the act, amended

2

January 16, 1974 (P.L.1, No.1), are amended to read:

3

Section 1076.  Election of Assistant District

4

Superintendents[, Except in Districts First Class].--[Except in

5

districts of the first class, assistant] Assistant district

6

superintendents shall be chosen by a majority vote of all the

7

members of the board of school directors of the district, for a

8

term of [from] three to five years upon the nomination by the

9

district superintendent.

10

Section 1077.  Term and Salary of Assistants.--(a)  Assistant

11

district superintendents may serve through the term of the

12

district superintendent, or enter a contract for a term of

13

[from] three to five years at salaries paid by the district, and

14

fixed by a majority vote of the whole board of school directors

15

prior to their election. The contract shall be subject to the

16

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

17

Know Law."

18

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

19

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

20

expiration date of the term of office of the assistant district

21

superintendent, the agenda shall include an item requiring

22

affirmative action by five (5) or more members of the board of

23

school directors to notify the assistant district superintendent

24

that the board intends to retain him for a further term of

25

[from] three (3) to five (5) years or that another or other

26

candidates will be considered for the office. In the event that

27

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

28

board of school directors occurring at least one hundred fifty

29

(150) days prior to the expiration date of the term of office of

30

the assistant district superintendent, he shall continue in

- 37 -

 


1

office for a further term of similar length to that which he is

2

serving.

3

Section 13.  Section 1078 of the act, amended January 14,

4

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

5

Section 1078.  Commissions.--District superintendents and

6

assistant district superintendents shall be commissioned by the

7

[Superintendent of Public Instruction] Secretary of Education.

8

Section 14.  Section 1080 of the act is amended to read:

9

Section 1080.  Removal.--(a)  District superintendents and

10

assistant district superintendents may be removed from office

11

and have their contracts terminated, after hearing, by a

12

majority vote of the board of school directors of the district,

13

for neglect of duty, incompetency, intemperance, or immorality,

14

of which hearing notice of at least one week has been sent by

15

mail to the accused, as well as to each member of the board of

16

school directors.

17

(b)  The board of school directors shall publicly disclose at

18

the next regularly scheduled monthly meeting the removal of a

19

district superintendent or assistant district superintendent

20

from office under subsection (a).

21

(c)  Proceedings under this section shall be held under 2

22

Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of

23

local agencies).

24

Section 14.1.  Section 1123 of the act, amended March 29,

<--

25

1996 (P.L.47, No.16), is amended to read:

26

Section 1123.  Rating System.--(a)  In determining whether a

27

professional employe shall be dismissed for incompetency or

28

unsatisfactory teaching performance as provided for in section

29

1122(a) of this act, and in rating [the services of a temporary

30

professional employe, the professional employe or temporary

- 38 -

 


1

professional employe shall be rated by an approved rating system

2

which shall give due consideration to personality, preparation,

3

technique, and pupil reaction, in accordance with standards and

4

regulations for such scoring as defined by rating cards to be

5

prepared by the Department of Education, and to be revised, from

6

time to time, by the Department of Education with the

7

cooperation and advice of a committee appointed by the Secretary

8

of Education, including representation from district

9

superintendents of schools, classroom teachers, school

10

directors, school supervisors, parents of school-age children

11

enrolled in a public school, a representative from a college or

12

department of education within a higher education institution

13

located within this Commonwealth, and such other groups or

14

interests as the Secretary of Education may deem appropriate.

15

Rating shall be done by or under the supervision of the

16

superintendent of schools or, if so directed by him, the same

17

may be done by an assistant superintendent, a supervisor, or a

18

principal, who has supervision over the work of the professional

19

employe or temporary professional employe who is being rated:

20

Provided, That no unsatisfactory rating shall be valid unless

21

approved by the district superintendent.] professional employes

22

and temporary professional employes, all professional employes

23

and temporary professional employes shall be rated through the

24

use of an approved rating tool developed by the Secretary of

25

Education in consultation with education experts, parents of

26

school-age children enrolled in a public school, teachers and

27

administrators, including research and collaboration conducted

28

by the department.

29

(b)  For professional employes and temporary professional

30

employes who serve as classroom teachers, the following shall

- 39 -

 


1

apply:

2

(1)  Beginning in the 2013-2014 school year, the evaluation

3

of the effectiveness of professional employes and temporary

4

professional employes serving as classroom teachers shall give

5

due consideration to the following:

6

(i)  Classroom observation and practice models that are

7

related to student achievement in each of the following areas:

8

(A)  Planning and preparation.

9

(B)  Classroom environment.

10

(C)  Instruction.

11

(D)  Professional responsibilities.

12

(ii)  Student performance, which shall comprise fifty per

13

centum (50%) of the overall rating of the professional employe

14

or temporary professional employe serving as a classroom teacher

15

and shall be based upon multiple measures of student

16

achievement. The fifty per centum (50%) shall be comprised of

17

the following:

18

(A)  Fifteen per centum (15%) building level data including,

19

but not limited to, all of the following:

20

(I)  Student performance on assessments.

21

(II)  Value-added assessment system data made available by

22

the department under section 221.

23

(III)  Graduation rate as reported to the department under

24

section 222.

25

(IV)  Promotion rate.

26

(V)  Attendance rate as reported to the department under

27

section 2512.

28

(VI)  Advanced placement course participation.

29

(VII)  Scholastic aptitude test and preliminary scholastic

30

aptitude test data.

- 40 -

 


1

(B)  Fifteen per centum (15%) teacher specific data

2

including, but not limited to, student achievement attributable

3

to a specific teacher as measured by all of the following:

4

(I)  Student performance on assessments.

5

(II)  Value-added assessment system data made available by

6

the department under section 221.

7

(III)  Progress in meeting the goals of student

8

individualized education plans required under the Individuals

9

With Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 

10

1400 et seq.).

11

(IV)  Locally developed school district rubrics.

12

(C)  Twenty per centum (20%) elective data including measures

13

of student achievement that are locally developed and selected

14

by the school district from a list approved by the department

15

and published in the Pennsylvania Bulletin by June 30 of each

16

year including, but not limited to, the following:

17

(I)  District-designed measures and examinations.

18

(II)  Nationally recognized standardized tests.

19

(III)  Industry certification examinations.

20

(IV)  Student projects pursuant to local requirements.

21

(V)  Student portfolios pursuant to local requirements.

22

(2)  (i)  No later than June 30, 2013, the department shall

23

develop, issue and publish in the Pennsylvania Bulletin a rating

24

tool for professional employes and temporary professional

25

employes serving as classroom teachers that is consistent with

26

this subsection and includes the weights given to the multiple

27

measures of student performance contained in clause (1)(ii).

28

(ii)  Following publication, the rating tool developed under

29

this subsection shall be used in the rating of all professional

30

employes and temporary professional employes serving as

- 41 -

 


1

classroom teachers.

2

(iii)  After June 30, 2013, any changes to the rating tool

3

developed under this subsection shall be made by the State Board

4

of Education through regulations promulgated under the act of

5

June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review

6

Act."

7

(c)  For professional employes and temporary professional

8

employes serving as principals, the following shall apply:

9

(1)  Beginning in the 2014-2015 school year, principal

10

effectiveness shall be measured using a rating tool designed

11

specifically for professional employes and temporary

12

professional employes serving as principals which shall give due

13

consideration to the following:

14

(i)  Planning and preparation.

15

(ii)  School environment.

16

(iii)  Delivery of service.

17

(iv)  Professional development.

18

(v)  Student performance, pursuant to clause (2).

19

(2)  Student performance shall be measured as provided in

20

subsection (b)(1)(ii) for professional employes and temporary

21

professional employes supervised by the principal and shall

22

comprise fifty per centum (50%) of the principal's overall

23

rating. The fifty per centum (50%) shall be comprised of the

24

following:

25

(A)  Fifteen per centum (15%) building level data, including,

26

but not limited to, all of the following:

27

(I)  Student performance on assessments.

28

(II)  Value-added assessment system data made available by

29

the department under section 221.

30

(III)  Graduation rate as reported to the department under

- 42 -

 


1

section 222.

2

(IV)  Promotion rate.

3

(V)  Attendance rate as reported to the department under

4

section 2512.

5

(VI)  Advanced placement course participation.

6

(VII)  Scholastic aptitude test and preliminary scholastic

7

aptitude test data.

8

(B)  Fifteen per centum (15%) correlation data based on

9

teacher level measures.

10

(C)  Twenty per centum (20%) elective data including measures

11

of student achievement that are locally developed and selected

12

by the school district from a list approved by the department

13

and published in the Pennsylvania Bulletin by June 30 each year,

14

which shall include, but not be limited to, the following:

15

(I)  District-designed measures and examinations.

16

(II)  Nationally recognized standardized tests.

17

(III)  Industry certification examinations.

18

(IV)  Student projects pursuant to local requirements.

19

(V)  Student portfolios pursuant to local requirements.

20

(3)  (i)  No later than June 30, 2014, the department shall

21

develop, issue and publish in the Pennsylvania Bulletin a rating

22

tool for professional employes and temporary professional

23

employes serving as principals that is consistent with this

24

subsection and includes the weights given to the multiple

25

measures of student performance contained in clause (2).

26

(ii)  Following publication, the rating tool developed under

27

this subsection shall be used in the rating of all principals

28

superseding all other rating cards and forms used previously.

29

(iii)  After June 30, 2014, any changes to the rating tool

30

developed under this subsection shall be made by the State Board

- 43 -

 


1

of Education through regulations promulgated under the

2

"Regulatory Review Act."

3

(d)  For nonteaching professional employes, the following

4

shall apply:

5

(1)  Beginning in the 2014-2015 school year, nonteaching

6

professional employes shall be evaluated using a rating tool

7

designed specifically for nonteaching professional employes

8

which shall give due consideration to the following:

9

(i)  Planning and preparation.

10

(ii)  Educational environment.

11

(iii)  Delivery of service.

12

(iv)  Professional development.

13

(v)  Student performance of all students in the school

14

building in which the nonteaching professional employe is

15

employed which shall comprise twenty per centum (20%) of the

16

overall rating of nonteaching professional employes and

17

temporary professional employes.

18

(2)  (i)  No later than June 30, 2014, the department shall

19

develop, issue and publish in the Pennsylvania Bulletin a rating

20

tool for nonteaching professional employes that is consistent

21

with this subsection and includes the weights given to the

22

multiple measures of student performance contained in clause

23

(1)(v).

24

(ii)  Following publication, the rating tool developed under

25

this subsection shall be used in the rating of all nonteaching

26

professional employes.

27

(iii)  After June 30, 2014, any subsequent changes to the

28

rating tool developed under this paragraph shall be made by the

29

State Board of Education through regulations promulgated under

30

the "Regulatory Review Act."

- 44 -

 


1

(e)  Notwithstanding subsections (b), (c) and (d),

2

professional employes and temporary professional employes

3

serving as classroom teachers, principals and nonteaching

4

professional employes may be evaluated through the use of a

5

rating tool developed by an individual school district,

6

intermediate unit or area vocational-technical school that the

7

department has approved as meeting or exceeding the measures of

8

effectiveness established under this section.

9

(f)  (1)  Each rating tool developed or approved under this

10

section shall identify the overall performance rating of the

11

professional employes and temporary professional employes

12

serving as classroom teachers, principals and nonteaching

13

professional employes as one of the following:

14

(i)  Distinguished.

15

(ii)  Proficient.

16

(iii)  Needs improvement.

17

(iv)  Failing.

18

(2)  An overall performance rating of either "distinguished"

19

or "proficient" shall be considered satisfactory.

20

(3)  An overall performance rating of "needs improvement"

21

shall be considered satisfactory, except that any subsequent

22

overall rating of "needs improvement" issued by the same

23

employer within ten (10) years of the first overall performance

24

rating of "needs improvement" where the employe is in the same

25

certification shall be considered unsatisfactory.

26

(4)  An overall performance rating of "failing" shall be

27

considered unsatisfactory.

28

(5)  An overall performance rating of "needs improvement" or

29

"failing" shall require the employe to participate in a

30

performance improvement plan. No employe shall be rated "needs

- 45 -

 


1

improvement" or "failing" based solely upon student test scores.

2

(6)  The department shall develop a rating scale to reflect

3

student performance measures and employe observation results and

4

establish overall score ranges for each of the four rating

5

categories contained in clause (1).

6

(g)  Upon publication in the Pennsylvania Bulletin of a

7

rating tool developed under this section, the rating cards set

8

forth in 22 Pa. Code § 351.21 (relating to rating form) and any

9

alternative rating forms approved pursuant to 22 Pa. Code Ch.

10

351 (relating to teacher tenure hearings) prior to the

11

implementation of this section shall be discontinued for use in

12

the evaluation of professional and temporary professional

13

employes.

14

(h)  The following shall apply to the ratings of all

15

professional employes and temporary professional employes:

16

(1)  All ratings shall be completed using the rating tools

17

developed or approved under this section.

18

(2)  Professional employes shall be rated at least annually

19

and temporary professional employes shall be rated at least

20

twice annually.

21

(3)  Ratings shall be performed by or under the supervision

22

of the chief school administrator or, if so directed by the

23

chief school administrator, by an assistant administrator, a

24

supervisor or a principal who has supervision over the work of

25

the professional employe or temporary professional employe being

26

rated, provided that no unsatisfactory rating shall be valid

27

unless approved by the chief school administrator.

28

(4)  No employe shall be dismissed under section 1122 unless

29

the employe has been provided a completed rating tool provided

30

for under this section, which includes a description based upon

- 46 -

 


1

classroom observations of deficiencies in practice supported by

2

detailed anecdotal records that justify the unsatisfactory

3

rating.

4

(i)  All school districts, intermediate units and area

5

vocational-technical schools shall provide to the department the

6

aggregate results of all professional employe and temporary

7

professional employe, principal and nonteaching professional

8

employe evaluations.

9

(j)  (1)  Any rating tool developed by the Department of

10

Education under this section shall be exempt from:

11

(i)  Sections 201, 202, 203, 204 and 205 of the act of July

12

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

13

Documents Law."

14

(ii)  Section 204(b) of the act of October 15, 1980 (P.L.950,

15

No.164), known as the "Commonwealth Attorneys Act."

16

(iii)  The "Regulatory Review Act."

17

(2)  This subsection shall not apply to any changes made to a

18

rating tool or new rating tool developed by the State Board of

19

Education pursuant to subsections (b)(2)(iii), (c)(3)(iii) and

20

(d)(2)(iii).

21

(k)  The State Board of Education may develop standards or

22

regulations consistent with this section.

23

(l)  (1)  The department's duty to develop a rating tool

24

under subsection (b)(2) shall expire on June 30, 2013.

25

(2)  The department's duty to develop rating tools under

26

subsections (c)(3) and (d)(2) shall expire on June 30, 2014.

27

(m)  No collective bargaining agreement negotiated by a

28

school district and an exclusive representative of the employes

29

in accordance with the act of July 23, 1970 (P.L.563, No.195),

30

known as the "Public Employe Relations Act," after the effective

- 47 -

 


1

date of this subsection shall provide for a rating system other

2

than as provided for in this section. A provision in any

3

agreement or contract in effect on the effective date of this

4

subsection that provides for a rating system in conflict with

5

this section shall be discontinued in any new or renewed

6

agreement or contract or during the period of status quo

7

following an expired contract.

8

(n)  The requirements of this section shall apply to all

9

school districts, intermediate units and area vocational-

10

technical schools.

11

(o)  For purposes of this section:

12

(1)  The term "assessment" shall mean the Pennsylvania System

13

of School Assessment test, the Keystone Exam, an equivalent

14

local assessment or another test established by the State Board

15

of Education to meet the requirements of section

16

2603-B(d)(10)(i) and required under the No Child Left Behind Act

17

of 2001 (Public Law 107-110, 115 Stat. 1425) or its successor

18

statute or required to achieve other standards established by

19

the department for the school or school district under 22 Pa.

20

Code § 403.3 (relating to single accountability system).

21

(2)  The term "chief school administrator" shall include

22

individuals who are employed as a school district

23

superintendent, an executive director of an intermediate unit or

24

a chief school administrator of an area vocational-technical

25

school.

26

(3)  The term "classroom teacher" shall mean a professional

27

employe or temporary professional employe who provides direct

28

instruction to students related to a specific subject or grade

29

level.

30

(4)  The term "department" shall mean the Department of

- 48 -

 


1

Education of the Commonwealth.

2

(5)  The term "education specialist" shall have the meaning

3

given to it under the act of December 12, 1973 (P.L.397,

4

No.141), known as the "Professional Educator Discipline Act."

5

(6)  The term "nonteaching professional employe" shall mean

6

an education specialist or a professional employe or temporary

7

professional employe who provides services other than classroom

8

instruction.

9

(7)  The term "performance improvement plan" shall mean a

10

plan, designed by a district with input of the employe, that may

11

include mentoring, coaching, recommendations for professional

12

development and intensive supervision based on the contents of

13

the rating tool provided for under this section.

14

(8)  The term "principal" shall include a building principal, 

15

an assistant principal, a vice principal or a director of

16

vocational education.

17

(p)  An employe's individual rating form shall not be subject

18

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

19

known as the "Right-to-Know Law."

20

Section 15.  Section 1124 of the act, amended August 8, 1963

21

(P.L.564, No.299), is amended to read:

22

Section 1124.  Causes for Suspension.--(a)  Any board of

23

school directors may suspend the necessary number of

24

professional employes, for any of the causes hereinafter

25

enumerated:

26

(1)  [Substantial] substantial decrease in pupil enrollment

27

in the school district;

28

(2)  [Curtailment] curtailment or alteration of the

29

educational program on recommendation of the superintendent[,

30

concurred in] and on concurrence by the board of school

- 49 -

 


1

directors, [approved by the Department of Public Instruction,]

2

as a result of substantial decline in class or course

3

enrollments or to conform with standards of organization or

4

educational activities required by law or recommended by the

5

Department of Public Instruction;

6

(3)  [Consolidation] consolidation of schools, whether within

7

a single district, through a merger of districts, or as a result

8

of joint board agreements, when such consolidation makes it

9

unnecessary to retain the full staff of professional

10

employes[.]; or

11

(4)  [When] when new school districts are established as the

12

result of reorganization of school districts pursuant to Article

13

II., subdivision (i) of this act, and when such reorganization

14

makes it unnecessary to retain the full staff of professional

15

employes.

16

(b)  Notwithstanding an existing or future provision in a

17

collective bargaining agreement or other similar employment

18

contract to the contrary, suspension of a professional employe

19

due to the curtailment or alteration of the educational program

20

as set forth in subsection (a)(2) may be effectuated without the

21

approval of the curtailment or alteration of the educational

22

program by the Department of Education, provided that where an

23

educational program is altered or curtailed as set forth in

24

subsection (a)(2), the school district shall notify the

25

Department of Education of the actions taken pursuant to

26

subsection (a)(2). The Department of Education shall post all

27

notifications received from a school district pursuant to this

28

subsection on the Department of Education's publicly accessible

29

Internet website.

30

Section 16.  Section 1205.1(c) of the act, amended June 22,

- 50 -

 


1

2001 (P.L.530, No.35), is amended to read:

2

Section 1205.1.  Continuing Professional Development.--* * *

3

(c)  The professional education plan of each school entity

4

shall be designed to meet the educational needs of that school

5

entity and its professional employes. A school entity shall

6

annually review its plan to determine whether or not it

7

continues to reflect the needs of the school entity [and its

8

strategic plan] and the needs of its professional employes,

9

students and the community. The plan shall be amended as

10

necessary to ensure that the plan meets the requirements of this

11

subsection. The plan shall specify the continuing professional

12

educational courses, programs, activities and other learning

13

experiences approved to meet continuing professional development

14

requirements under section 1205.2(c), including efforts designed

15

to improve teacher knowledge in subject areas covering the

16

academic standards listed in 22 Pa. Code Ch. 4 (relating to

17

academic standards and assessment).

18

* * *

19

Section 16.1.  Section 1308 of the act, amended June 7, 1993

20

(P.L.49, No.16), is amended to read:

21

Section 1308.  Liability for Tuition and Enforcement of

22

Payment.--(a)  In all cases not covered by the preceding section

23

if a charge is made by any school district for tuition for the

24

inmates of any such institution, the officers of the institution

25

shall submit to the board of school directors a sworn statement,

26

setting forth the names, ages, and school districts liable for

27

tuition of all children who are inmates thereof, and desire to

28

attend public school in the district. The district in which the

29

institution is located shall obtain a blank acknowledging or

30

disclaiming residence, signed by the secretary of the school

- 51 -

 


1

district in which the institution declares the legal residence

2

of the child to be. If said district shall fail to file said

3

blank within fifteen (15) days from the date it is sent to the

4

district by registered mail, the district in which the

5

institution is located shall again notify the district of its

6

failure to comply with the provisions of this act. If the

7

district shall fail to comply within fifteen (15) days following

8

the second notice, said failures to return the blank shall be

9

construed as an acknowledgement of said child's residence. The

10

tuition of such inmates as are included in the sworn statement

11

to the board of school directors shall be paid by the district

12

of residence of the inmates upon receipt of a bill from the

13

district in which the institution is located setting forth the

14

names, ages and tuition charges of the inmates. The district so

15

charged with tuition may file an appeal with the Secretary of

16

Education, in which it shall be the complainant and the district

17

in which the institution is located the respondent. The decision

18

of the Secretary of Education, as to which of said parties is

19

responsible for tuition, shall be final.

20

(b)  In the event that the district in which the institution

21

is located contracts with a third party to provide educational

22

services to children who are inmates of the institution, the

23

third party may seek payment of tuition directly from the

24

district of residence. The third party shall notify the district

25

in which the institution is located of its payment request to

26

the district of residence and, if the district of residence

27

makes payment to the third party, the third party shall notify

28

the district in which the institution is located. Such payment

29

to the third party shall satisfy and extinguish the contractual

30

payment obligation of the district in which the institution is

- 52 -

 


1

located. The district so charged with tuition by the third party

2

may file an appeal with the secretary as set forth in subsection

3

(a).

4

(c)  If any inmates have been received from outside of

5

Pennsylvania, or if the institution cannot certify as to their

6

residence, their tuition shall be paid by the institution having

7

the care or custody of said children, except in the case of

8

medically indigent children hospitalized in exclusively

9

charitable children's hospitals exempt under section 501(c)(3)

10

of the Internal Revenue Code which make no charges to any of its

11

patients nor accepts any third-party payments for services

12

provided to any of its patients. In such cases their tuition

13

shall be paid by the Commonwealth out of moneys appropriated by

14

the General Assembly for the purposes of this act. Enrollment of

15

any out-of-state student in a school district or intermediate

16

unit program shall be conditioned upon a guarantee, or actual

17

advance receipt, of tuition and transportation payment from the

18

institution, from the student's home state or out-of-state

19

school district, or from the out-of-state party or agency which

20

placed the student in the institution, except in the case of

21

medically indigent children hospitalized in exclusively

22

charitable children's hospitals exempt under section 501(c)(3)

23

of the Internal Revenue Code which make no charges to any of its

24

patients nor accepts any third-party payments for services

25

provided to any of its patients where the Commonwealth is paying

26

the tuition as otherwise provided for in this paragraph. If the

27

Secretary of Education decides that the legal residence of any

28

of said inmates is in Pennsylvania, but cannot be fixed in a

29

particular district, the Commonwealth shall pay the tuition of

30

such inmate out of moneys appropriated to the Department of

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1

Education by the General Assembly for the maintenance and

2

support of the public schools of the Commonwealth.

3

Section 17.  Section 1337.1 of the act, amended or added May

4

10, 2000 (P.L.44, No.16) and July 20, 2007 (P.L.278, No.45), is

5

amended to read:

6

Section 1337.1.  School Lunch and Breakfast Reimbursement.--

7

(a)  Schools that participate in the school lunch program shall

8

be reimbursed in the following manner:

9

(1)  Subject to future adjustments under clause (2), each

10

school which offers the school lunch program shall receive a

11

reimbursement of no less than ten cents (10¢) per lunch served,

12

exclusive of any reimbursements under subsection (c).

13

(2)  For the 2000-2001 school year and each school year

14

thereafter, reimbursements for the school lunch program shall be

15

fixed by regulation of the Department of Education: Provided,

16

That such reimbursements shall be no less than the amounts per

17

lunch served established by clause (1).

18

(b)  Schools that participate in the school breakfast program

19

shall be reimbursed in the following manner:

20

(1)  Subject to future adjustments under clause (2), each

21

school which offers the school breakfast program shall receive a

22

reimbursement of no less than ten cents (10¢) per breakfast

23

served.

24

(2)  For the 2000-2001 school year and each school year

25

thereafter, reimbursements for the school breakfast program

26

shall be fixed by regulation of the Department of Education:

27

Provided, That such reimbursements shall be no less than the

28

amounts per breakfast served established by clause (1).

29

(c)  Schools that participate in both the school lunch

30

program and the school breakfast program shall be provided with

- 54 -

 


1

the following incentive reimbursements:

2

(1)  Subject to future adjustments under clause (3), each

3

school which offers both a school lunch program under subsection

4

(a) and a school breakfast program under subsection (b) which

5

serves less than or equal to twenty per centum (20%) of its

6

student enrollment shall receive an additional reimbursement of

7

two cents (2¢) per lunch served.

8

(2)  Subject to future adjustments under clause (3), each

9

school which offers a school lunch program under subsection (a)

10

and a school breakfast program under subsection (b) which serves

11

more than twenty per centum (20%) of its student enrollment

12

shall receive an additional reimbursement of four cents (4¢) per

13

lunch served.

14

(3)  For the 2000-2001 school year and each school year

15

thereafter, reimbursements for the school breakfast incentive

16

program shall be fixed by regulation of the Department of

17

Education: Provided, That such reimbursement shall be no less

18

than the amounts per lunch served established by clauses (1) and

19

(2).

20

[(c.1)  (1)  In order to promote initiatives regarding child

21

health and nutrition, the department shall establish a School

22

Nutrition Incentive Program. The program shall provide a

23

supplemental school lunch and breakfast reimbursement to any

24

school in a local education agency that has adopted and

25

implemented the nutritional guidelines for food and beverages

26

available on each school campus published by the department

27

pursuant to section 1422.3(5).

28

(2)  To qualify, the local wellness policy adopted by the

29

local education agency pursuant to section 1422.1 must indicate

30

adoption of such guidelines.

- 55 -

 


1

(3)  For the 2007-2008 school year and each school year

2

thereafter, supplemental reimbursement shall be provided to

3

schools in qualifying local education agencies as follows:

4

(i)  Each school that offers the school lunch program under

5

subsection (a) shall receive an additional reimbursement of one

6

cent (1¢) per lunch served, exclusive of any additional

7

supplemental reimbursement under subclause (iii) or (iv).

8

(ii)  Each school that offers the school breakfast program

9

under subsection (b) shall receive an additional reimbursement

10

of one cent (1¢) per breakfast served, exclusive of any

11

additional supplemental reimbursement under subclause (iii) or

12

(iv).

13

(iii)  Each school that offers both a school lunch program

14

under subsection (a) and a school breakfast program under

15

subsection (b) that serves breakfast to less than or equal to

16

twenty per centum (20%) of its student enrollment shall receive

17

an additional reimbursement of two cents (2¢) per lunch served.

18

(iv)  Each school that offers both a school lunch program

19

under subsection (a) and a school breakfast program under

20

subsection (b) that serves breakfast to more than twenty per

21

centum (20%) of its student enrollment shall receive an

22

additional reimbursement of three cents (3¢) per lunch served.]

23

(d)  For the purposes of this section, the following terms

24

shall have the following meanings:

25

"School" shall have the same meaning as given to that term in

26

7 CFR 210.2 (relating to definitions).

27

"School lunch program" shall have the same meaning as given

28

to the term "National School Lunch Program" in 7 CFR 210.2

29

(relating to definitions).

30

"School breakfast program" shall have the same meaning as

- 56 -

 


1

given to that term in 7 CFR Pt. 220 (relating to School

2

Breakfast Program).

3

Section 18.  Section 1302.1-A(a) of the act, added November

4

17, 2010 (P.L.996, No.104), is amended to read:

5

Section 1302.1-A.  Regulations.--(a) Within one year of the

6

effective date of this section, the State Board of Education

7

shall promulgate final-omitted regulations pursuant to the act

8

of June 25, 1982 (P.L.633, No.181), known as the "Regulatory

9

Review Act," necessary to implement this article. The

10

regulations shall include the following:

11

(1)  A model memorandum of understanding between school

12

entities and local police departments. The model memorandum of

13

understanding shall be reviewed on a biennial basis and revised

14

where necessary. The State Board of Education may revise the

15

model memorandum of understanding by publishing a notice in the

16

Pennsylvania Bulletin that contains the complete revised model

17

memorandum of understanding. The revised model memorandum of

18

understanding shall be incorporated into the Pennsylvania Code

19

in place of the existing model memorandum of understanding.

20

(2)  Protocol for the notification of the police department

21

when an offense listed under section 1303-A(b)(4.1) occurs on

22

school property, which shall include a requirement that the

23

local police department be notified immediately when such an

24

offense occurs.

25

(3)  Protocol for the notification of the police department

26

at the discretion of the chief school administrator regarding an

27

offense listed under section 1303-A(b)(4.2) or any other offense

28

that occurs on school property.

29

(4)  Protocol for emergency and nonemergency response by the

30

police department, which shall include a requirement that the

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1

school district shall supply the police department with a copy

2

of the comprehensive disaster response and emergency

3

preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating

4

to duties concerning disaster prevention).

5

(5)  Procedures and protocols for the response and handling

6

of students with a disability, including procedures related to

7

student behavior as required by 22 Pa. Code §§ 14.104 (relating

8

to special education plans) and 14.133 (relating to positive

9

behavior support).

10

* * *

11

Section 19.  Section 1422.1 of the act, amended November 17,

12

2010 (P.L.996, No.104), is amended to read:

13

Section 1422.1.  Local Wellness Policy.--(a)  Not later than

14

the first day of the school year beginning after June 30, 2006,

15

each local education agency shall, pursuant to section 204 of

16

the Child Nutrition and WIC Reauthorization Act of 2004 (Public

17

Law 108-265, 118 Stat. 729), establish a local wellness policy

18

for schools within the local education agency.

19

[(b)  A local education agency to which 22 Pa. Code § 4.13

20

(relating to strategic plans) applies shall include the local

21

wellness policy as part of the strategic plan required under 22

22

Pa. Code § 4.13.]

23

(c)  A local education agency may submit its local wellness

24

policy or information on other initiatives regarding child

25

health, nutrition, food allergy reaction management and physical

26

education to the Department of Education for inclusion in the

27

clearinghouse established under section 1422.3(3). [An update to

28

the policy information may be done in concert with the scheduled

29

submission of the school district's strategic plan as required

30

under 22 Pa. Code § 4.13.]

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1

Section 19.1.  The act is amended by adding a section to

2

read:

3

Section 1439.  Cardiopulmonary Resuscitation.--(a)  A school

4

entity shall have at each school, or in the case of a cyber

5

charter school at each location, under its jurisdiction, except

6

in extenuating circumstances, one person certified in the use of

7

cardiopulmonary resuscitation during regular school hours when

8

school is in session and students are present.

9

(b)  The provisions of 42 Pa.C.S. §§ 8332 (relating to

10

nonmedical good Samaritan civil immunity) and 8337.1 (relating

11

to civil immunity of school officers or employees relating to

12

emergency care, first aid and rescue) shall apply to a person

13

who renders cardiopulmonary resuscitation.

14

(c)  As used in this section, "school entity" means an area

15

vocational-technical school, a charter school, a cyber charter

16

school, an intermediate unit, a nonpublic school or a school

17

district.

18

Section 20.  Section 1524(a) of the act, added December 9,

19

2002 (P.L.1472, No.187), is amended to read:

20

Section 1524.  Recognition of American Sign Language

21

Courses.--(a)  A student shall receive credit for completion of

22

a course in American Sign Language at the high school level

23

toward the satisfaction of the foreign language requirements

24

included in [a school district's strategic plan or] requirements

25

for graduation established pursuant to 22 Pa. Code Ch. 4

26

(relating to academic standards and assessment).

27

* * *

28

Section 21.  The act is amended by adding an article to read:

29

ARTICLE XV-G

30

OPEN CAMPUS INITIATIVES

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1

Section 1501-G.  Legislative intent.

2

It is the intent of the General Assembly to encourage

3

collaborative partnerships between school districts for the

4

purpose of providing expanded access to high-quality curricula

5

to students in a cost-effective manner through the use of

6

technology.

7

Section 1502-G.  Definitions.

8

The following words and phrases when used in this article

9

shall have the meaning given to them in this section unless the

10

context clearly indicates otherwise:

11

"Department."  The Department of Education of the

12

Commonwealth.

13

"Nonparticipating school entity."  A school district, which

14

is not a party to a cooperative agreement between school

15

districts, a charter school, cyber charter school, nonpublic

16

school or home education program provided under section 1327.1.

17

"Open campus initiative."  A program established under

18

section 1503-G.

19

"Participating school district."  A school district which is

20

party to the cooperative agreement between school districts

21

establishing the open campus initiative.

22

Section 1503-G.  Open campus initiatives.

23

(a)  Establishment.--An open campus initiative may be

24

established between school districts through a cooperative

25

agreement.

26

(b)  Courses.--Courses of an open campus initiative may be

27

delivered outside of a school building in whole or in part using

28

technology that may include the Internet, video conferencing or

29

other electronic means.

30

(c)  Grades, credit, promotion and graduation.--Course

- 60 -

 


1

grades, credit, promotion and graduation policies for students

2

participating in open campus initiative courses shall be

3

determined by the school district, charter school, cyber charter

4

school, nonpublic school or evaluator of a home education

5

program in which the student is enrolled and the cooperative

6

agreement between the participating school districts.

7

(d)  Student eligibility requirements.--Eligibility

8

requirements for student participation in open campus initiative

9

courses shall be determined by the school district, charter

10

school, cyber charter school, nonpublic school or supervisor of

11

a home education program in which each student is enrolled and

12

the cooperative agreement between the participating school

13

districts.

14

(e)  Nonparticipating school entities.--A cooperative

15

agreement between participating school districts may provide for

16

students attending a nonparticipating school entity to

17

participate in an open campus initiative course.

18

(f)  Compulsory attendance requirements.--The time during

19

which a student participates in open campus initiative courses

20

shall be considered to be compliant with the compulsory

21

attendance requirements of section 1327.

22

(g)  Student participation.--The school district, charter

23

school, cyber charter school, nonpublic school or home education

24

program in which the student is enrolled shall ensure that a

25

student participating in open campus initiative courses is

26

offered at least 990 hours of instruction at the secondary level

27

and 900 hours of instruction at the elementary level.

28

(h)  Technical assistance.--The department shall provide

29

technical assistance as needed to school districts establishing

30

and operating an open campus initiative.

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1

Section 1504-G.  Cooperative agreements.

2

(a)  Contents.--School districts desiring to establish and

3

operate an open campus initiative shall develop and enter into a

4

cooperative agreement that shall, at a minimum, include:

5

(1)  A policy for grading, credit and promotion of

6

students participating in open campus initiative courses.

7

(2)  A policy for participation of students from

8

participating school districts which shall include minimum

9

academic and attendance criteria.

10

(3)  A policy for participation of students from

11

nonparticipating school entities, which includes a fee

12

schedule for determining tuition charges for courses

13

delivered to those students, if the participating school

14

districts allow participation of students from

15

nonparticipating school entities.

16

(4)  A policy for discipline and removal of students from

17

open campus initiative courses in compliance with State law

18

related to student discipline.

19

(5)  Information about the attribution of student data to

20

the school district, charter school, cyber charter school,

21

nonpublic school or home education program in which the

22

student is enrolled, including student assessment data.

23

(6)  Information about the sharing of costs between the

24

participating school districts.

25

(7)  Information about the use and distribution of

26

tuition revenue.

27

(8)  Processes for adding and removing open campus

28

initiative courses.

29

(9)  Processes for termination of the open campus

30

initiative.

- 62 -

 


1

(b)  Adoption by boards of school directors.--Each open

2

campus initiative cooperative agreement shall be adopted by

3

majority vote of the board of school directors of each of the

4

participating school districts.

5

Section 1505-G.  Reimbursements by the Commonwealth.

6

For the purpose of making reimbursements under Article XXV, a

7

student participating in an open campus initiative shall be

8

considered to be enrolled in the school district, charter

9

school, cyber charter school, nonpublic school or home education

10

program which determines the student's eligibility for

11

participation in the open campus initiative.

12

Section 1506-G.  Parental and public information.

13

All policies related to an open campus initiative shall be

14

made accessible to parents and posted on the participating

15

school districts' publicly accessible Internet websites.

16

Section 1507-G.  Students with disabilities.

17

Nothing in this article or in any policy or cooperative

18

agreement developed under this article shall conflict with:

19

(1)  Federal or State law regarding the protections

20

provided to a student with a disability for receiving

21

education in the least restrictive environment.

22

(2)  The legal authority of an individualized education

23

program team to make appropriate program and placement

24

decisions for a student with a disability in accordance with

25

the student's individualized education program.

26

Section 1508-G.  Collective bargaining.

27

Nothing contained in this article shall be construed to

28

supersede or preempt the rights, remedies and procedures

29

afforded to school employees or labor organizations under

30

Federal or State law, including the act of July 23, 1970

- 63 -

 


1

(P.L.563, No.195), known as the Public Employe Relations Act, or

2

any provision of a collective bargaining agreement negotiated

3

between a school entity and an exclusive representative of the

4

employees in accordance with that act.

5

Section 22.  Section 1607(b) of the act, amended November 23,

6

2010 (P.L.1350, No.123), is amended and the section is amended

7

by adding a subsection to read:

8

Section 1607.  Attendance in Other Districts.--* * *

9

(b)  If a third class school district operating under a

10

special board of control pursuant to section 692 has, with the

11

approval of the Secretary of Education, curtailed its

12

educational program by eliminating its high school and has not

13

assigned its high school pupils to another school district and

14

provided adequate transportation in a manner under subsection

15

(a), the secretary shall have the following authority:

16

(1)  To designate two or more school districts, which shall

17

accept on a tuition basis the high school students of the

18

distressed school district, so long as a designated school

19

district's border is no more than three (3) miles from the

20

border of the distressed school district. The designation under

21

this paragraph shall occur no later than thirty (30) days after

22

receiving the approval of the secretary to curtail its

23

educational program by the elimination of its high school,

24

provided, however, that if any school district meets the

25

criteria of this subsection on the effective date of this

26

subsection, the designation of school districts shall occur no

27

later than thirty (30) days after the effective date of this

28

subsection. [No designated school district shall be assigned

29

more than one hundred sixty-five (165) students from the

30

distressed school district.]

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1

(2)  To establish a process for the distressed school

2

district to use to reassign its high school students to the

3

school districts designated under paragraph (1).

4

(3)  To establish the per-pupil tuition rate that a school

5

district designated under paragraph (1) shall receive for each

6

reassigned student in a regular or special education program.

7

For the 2010-2011 and 2011-2012 school [year and each school

8

year thereafter] years, the tuition rate established under this

9

paragraph may not exceed the product of:

10

(i)  the tuition rate established for the 2007-2008 school

11

year; and

12

(ii)  the greater of:

13

(A)  two percent (2%); or

14

(B)  the percentage increase in total budgeted revenues

15

available to a distressed school district.

16

(4)  For the 2012-2013 school year and each school year

17

thereafter, the per pupil tuition rate that a school district

18

designated under paragraph (1) shall receive for each reassigned

19

student in a regular or special education program shall be the

20

greater of ten thousand dollars ($10,000) or the product of:

21

(i)  the tuition rate established for the prior school year;

22

and

23

(ii)  the greater of:

24

(A)  the percentage increase in total budgeted revenues

25

available to a distressed school district; or

26

(B)  the index set pursuant to the act of June 27, 2006 (1st

27

Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act,"

28

for the distressed school district.

29

* * *

30

(h.1)  For the two (2) consecutive school years following the

- 65 -

 


1

effective date of this subsection, a school district designated

2

under subsection (b)(1) shall receive an additional per-pupil

3

sum of five hundred ($500) dollars for students reassigned and

4

entering grades seven, eight and nine pursuant to this section.

5

These additional funds shall be used for transition services to

6

students, including student mentoring, tutoring, employe in-

7

service programs designed to assist transition students and

8

security expenditures.

9

Section 22.1.  The act is amended by adding an article to

<--

10

read:

11

ARTICLE XVI-C

12

DISCLOSURE OF INTERSCHOLASTIC

13

ATHLETICS OPPORTUNITIES

14

Section 1601-C.  Scope of article.

15

This article requires reporting by school entities of

16

athletic opportunities afforded to male and female secondary

17

school students.

18

Section 1602-C.  Definitions.

19

The following words and phrases when used in this article

20

shall have the meanings given to them in this section unless the

21

context clearly indicates otherwise:

22

"Athletic facilities."  Locker rooms, playing fields,

23

gymnasiums, field houses, arenas, athletic training rooms,

24

stadiums, weight rooms or any other location used by secondary

25

school students and their coaches for sports training, practice,

26

competition and coaching.

27

"Department."  The Department of Education of the

28

Commonwealth.

29

"Equipment and supplies."  Sport-specific equipment and

30

supplies, general equipment and supplies, instructional devices

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1

and conditioning and weight training equipment.

2

"Participant."  A secondary school student who is:

3

(1)  receiving institutionally sponsored support normally

4

provided to athletes competing at the institution involved,

5

such as coaching, equipment, medical and training room

6

services, on a regular basis during a sport's season;

7

(2)  participating in organized practice sessions and

8

other team meetings and activities on a regular basis during

9

a sport's season; and

10

(3)  listed on the team list on the day of the team's

11

first scheduled competition, excluding preseason scrimmages.

12

"School entity."  A school of a school district, joint school

13

district, area vocational-technical school or charter school 

14

that provides interscholastic athletic opportunities for

15

secondary school students.

16

"Secondary school student."  A student who attends a school

17

entity in grades 7 through 12.

18

"Travel."  Transportation, housing furnished during travel

19

and per diem dining allowances.

20

"Uniforms."  Clothing for practice and games, such as shoes,

21

rain gear and warm-up suits.

22

Section 1603-C.  Duty to disclose.

23

(a)  Information.--A school entity shall annually submit

24

information to the department regarding interscholastic athletic

25

opportunity and treatment for male and female secondary school

26

students for the preceding school year.

27

(b)  Disclosure form.--The information shall be submitted on

28

a disclosure form and in a manner to be established by the

29

department.

30

(c)  Submission.--By October 15, 2013, and October 15 of each

- 67 -

 


1

year thereafter, a school entity shall submit to the department

2

the completed disclosure form for the immediately preceding

3

school year.

4

(d)  Public access.--No later than November 1 of each year, a

5

school entity shall make a copy of the completed disclosure form

6

available for public inspection during regular business hours,

7

including on any publicly accessible Internet website of the

8

school entity. The completed disclosure form shall constitute a

9

public record subject to public inspection under the act of

10

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

11

(e)  Notice to students and other affected individuals.--As

12

soon as the disclosure form required by this section is

13

completed, each school entity shall provide notice of its

14

availability for review to students, educational personnel, 

15

student athletes and parents by posting a notice on school

16

bulletin boards, in the school newspaper, on any electronic

17

mailing list or list serve, and by any other means reasonably

18

likely to provide such notice.

19

Section 1604-C.  Department duties.

20

(a)  Duties.--The department shall establish a disclosure

21

form for the submission of the required information for the

22

immediately preceding school year by school entities. The

23

department shall provide for the distribution of the disclosure

24

form through the department's Internet website and shall provide

25

technical assistance to school entities.

26

(b)  Disclosure form information.--The following information 

27

shall be collected for all secondary school students in grades 7

28

through 12 and shall be included in the disclosure form:

29

(1)  The total number of students in each school entity 

30

as of October 1 of the immediately preceding school year,

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1

including:

2

(i)  the total number of students by gender; and

3

(ii)  the total number of male students by race or

4

ethnicity and the total number of female students by race 

5

or ethnicity.

6

(2)  A listing by gender of each varsity, junior varsity

7

and freshman athletic team that competed in interscholastic

8

athletic competition.

9

(3)  For each team identified in paragraph (2), the

10

following information:

11

(i)  The total number of team participants as of the

12

day of the first scheduled competition for each team by

13

gender.

14

(ii)  The total number of male team participants by 

15

race or ethnicity and the total number of female team

16

participants by race or ethnicity, as of the day of the

17

first scheduled competition for each team.

18

(iii)  For the initial submission under this article,

19

the school year in which each existing interscholastic

20

athletic team was established and, for teams that the

21

school entity sponsored in the past but no longer

22

sponsors, the identity of the team and the year it was

23

eliminated or demoted from interscholastic competition.

24

For each subsequent year, a listing of interscholastic

25

athletic teams that were newly established,

26

reestablished, eliminated or demoted from interscholastic

27

competition during the reported school year.

28

(iv)  The seasons during which each interscholastic

29

athletic team competed.

30

(v)  The total value of contributions and purchases

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1

made on behalf of each team by booster clubs, alumni and

2

any other nonschool sources.

3

(vi)  The total expenditures for each team in the

4

school year, including a separate listing of expenditures

5

for each team in each of the following categories:

6

(A)  The total amount of expenditures for travel.

7

(B)  The total amount of expenditures for

8

purchase and replacement of athletic uniforms.

9

(C)  The total amount of expenditures for

10

purchase and replacement of equipment and supplies.

11

(D)  Compensation of coaches, per sport and per

12

season.

13

(E)  Expenditures made for construction,

14

renovation, expansion, maintenance, repair and rental

15

of athletic facilities. For any facilities shared by

16

multiple teams, expenditures per team shall be

17

calculated either by dividing expenditures by the

18

number of teams using the facility or percentage of

19

time used by each team.

20

(F)  Compensation of athletic trainers per

21

academic year.

22

(vii)  The total number of athletic trainers,

23

including the amount of time spent by each athletic

24

trainer with each team.

25

(viii)  The total number of coaches per team by

26

employment status, full-time, part-time, head and

27

assistant.

28

(ix)  The total number of competitions scheduled and

29

played per team.

30

(x)  The name of the school entity's Title IX

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1

compliance officer required under 34 CFR § 106.8(a)

2

(relating to designation of responsible employee and

3

adoption of grievance procedures).

4

(c)  Copies.--The department shall make copies of all

5

submitted disclosures available for public inspection on the

6

department's publicly accessible Internet website.

7

(d)  Annual report.--No later than January 15 of each year,

8

the department shall prepare and submit an annual report to the

9

General Assembly regarding the compliance with the disclosure

10

requirements of this article and summarizing the information

11

submitted to it regarding interscholastic athletic opportunity

12

for and treatment of each gender by race and ethnic group, and

13

other such information as the department deems relevant.

14

Section 1605-C.  Regulations.

15

The department may promulgate rules, regulations or standards

16

to administer this article.

17

Section 22.1 22.2.  Section 1704-B heading and (c) of the

<--

18

act, amended or added July 11, 2006 (P.L.1092, No.114) and July

19

9, 2008 (P.L.846, No.61), are reenacted and amended to read:

20

Section 1704-B.  Board of School Directors of Commonwealth

21

Partnership School Districts.--* * *

22

(c)  (1)  In addition to all current rights, powers,

23

privileges, prerogatives and duties, a board of school directors

24

of a school district that has been placed on the empowerment

25

list on or after June 30, 2006, due to the designation by the

26

secretary as a Commonwealth partnership school district shall

27

have the power to cancel or renegotiate any contract, other than

28

collective bargaining agreements, for the purpose of making

29

necessary economies in the operation of the schools within the

30

school district; eliminate nonprofessional positions for

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1

services nonessential for the operation of the school district;

2

or enter into agreements with individuals, for-profit or

3

nonprofit organizations for the operation of school buildings or

4

groups of school buildings or for the provision of educational

5

or other types of services to or for the school district.

6

(2)  The superintendent shall be responsible for the

7

implementation of a system of performance review of school

8

administrators, as approved by the board of school directors.

9

Administrator performance shall be evaluated on the basis of

10

abilities and effectiveness to manage the operation of the

11

school facilities and staff, manage resources, provide

12

instructional leadership, implement and administer the school

13

budget and promote and maintain a positive educational learning

14

environment.

15

(3)  Based upon an unsatisfactory review and evaluation of a

16

school administrator arising from the implementation of the

17

program established in paragraph (2), a board of school

18

directors may reassign, transfer or suspend the school

19

administrator without regard to section 1125.1 or 1151.

20

(4)  Based upon an unsatisfactory review and evaluation of a

21

school administrator arising from the implementation of the

22

program established in paragraph (2), a board of school

23

directors may dismiss the school administrator pursuant to the

24

procedure contained in section 1127, provided that the board of

25

school directors shall afford the school administrator notice

26

and an opportunity to be heard pursuant to 2 Pa.C.S. Ch. 5

27

Subch. B (relating to practice and procedure of local agencies).

28

(4.1)  In addition to powers enumerated in this act, a school

29

district designated as a Commonwealth partnership school

30

district may dispose of unused and unnecessary lands and

- 72 -

 


1

buildings, if such buildings are in excess of twenty-five (25)

2

years of age, in the following manner, notwithstanding the

3

provisions of section 707 of this act:

4

(i)  By negotiated sale, provided the district has an

5

affidavit of at least three (3) persons who are familiar with

6

the value of real estate in the locality in which the lands and

7

buildings proposed to be sold are located, who have examined the

8

property and set forth a value for the property and who opine

9

that the consideration for the property is equal to or better

10

than that which could be received by sealed bid. The sale price

11

shall not be less than the highest value set forth in the three

12

(3) affidavits.

13

(ii)  By entering into agreements with an urban redevelopment

14

authority organized under the act of May 24, 1945 (P.L.991,

15

No.385), known as the Urban Redevelopment Law, under which the

16

district may convey property to the authority for the purpose of

17

the authority facilitating the conveyance of the property

18

consistent with the goals of the school district and the

19

authority.

20

(5)  [As used in] For purposes of this subsection, ["school

21

administrator" shall have the same meaning given to it under

22

section 1164] the following terms shall have the following

23

meanings:

24

"Commonwealth partnership school district."  A school

25

district for which the secretary has determined, on or after

26

July 11, 2006, and not later than September 9, 2006, all of the

27

following:

28

(i)  The school district has experienced a decline of fifteen

29

per centum (15%) or more in student enrollment during the

30

immediately preceding five-year period.

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1

(ii)  The school district has experienced a loss of revenue

2

during the immediately preceding three-year period due to the

3

statutory removal of one or more of the sources of revenue made

4

available pursuant to section 652.1.

5

(iii)  The school district has an equalized millage for the

6

2004-2005 fiscal year of greater than twenty-seven (27).

7

"Empowerment list."  A list prepared by the Department of

8

Education containing school districts that fall below certain

9

academic assessments as provided in former section 1703-B.

10

"School administrator."  As defined in section 1164.

11

"Secretary."  The Secretary of Education of the Commonwealth.

12

[(6)  This subsection shall expire June 30, 2012.]

13

Section 23.  Section 1913-A(b)(1.6)(v) of the act, amended

14

June 30, 2011 (P.L.112, No.24), is amended and the clause is

15

amended by adding a subclause to read:

16

Section 1913-A.  Financial Program; Reimbursement of

17

Payments.--* * *

18

(b)  * * *

19

(1.6)  For the 2006-2007 fiscal year and each fiscal year

20

thereafter, the payment for a community college shall consist of

21

the following:

22

* * *

23

(v)  Subclauses (i), (ii), (iii) and (iv) shall not apply to

24

the 2011-2012 and 2012-2013 fiscal [year] years.

25

* * *

26

(vii)  For the 2012-2013 fiscal year, each community college

27

shall receive an amount equal to the sum of the following:

28

(A)  A reimbursement for operating costs determined by:

29

(I)  dividing the amount of funding that the community

30

college received in fiscal year 2011-2012 under subclause

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1

(vi)(A) by the total amount of funding provided to community

2

colleges in fiscal year 2011-2012 under subclause (vi)(A); and

3

(II)  multiplying the quotient under subparagraph (I) by

4

$168,167,000.

5

(B)  An economic development stipend determined by:

6

(I)  dividing the amount of funding that the community

7

college received in fiscal year 2011-2012 under subclause (vi)

8

(B) by the total amount of funding provided to all community

9

colleges in fiscal year 2011-2012 under subclause (vi)(B); and

10

(II)  multiplying the quotient under subparagraph (I) by

11

$44,000,000.

12

* * *

13

Section 24.  Sections 1913-B.1(c) and 2003-A.1(c) and (c.1)

14

of the act, amended or added November 3, 2011 (P.L.400, No.97),

15

are amended and the sections are amended by adding subsections

16

to read:

17

Section 1913-B.1.  Contracts for Construction, Repair,

18

Renovation or Maintenance.--* * *

19

[(c)  All contracts, other than contracts for the retention

20

of architects and engineers, authorized by this section which

21

exceed a base amount of eighteen thousand five hundred dollars

22

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

23

advertised in the manner provided by law and competitively bid

24

and awarded to the lowest responsible bidder. In case of

25

emergencies and notwithstanding any other provision of this

26

section to the contrary, the board of trustees may make or

27

authorize others to make an emergency procurement whenever a

28

threat exists to public health, welfare or safety or

29

circumstances outside the control of the college and creates an

30

urgency of need which does not permit the delay involved in

- 75 -

 


1

using more formal competitive methods. Whenever practical, in

2

the case of a procurement of a supply, at least two (2) bids

3

shall be solicited. A written determination of the basis for the

4

emergency and for the selection of the particular contractor

5

shall be included in the contract file.]

6

(c.1)  All contracts, other than contracts for the retention

7

of architects and engineers, authorized by this section which

8

exceed a base amount of eighteen thousand five hundred dollars

9

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

10

advertised in the manner provided by law and competitively bid

11

and awarded to the lowest responsible bidder. In case of

12

emergencies and notwithstanding any other provision of this

13

section to the contrary, the board of trustees may make or

14

authorize others to make an emergency procurement whenever a

15

threat exists to public health, welfare or safety or

16

circumstances outside the control of the college and creates an

17

urgency of need which does not permit the delay involved in

18

using more formal competitive methods. Whenever practical, in

19

the case of a procurement of a supply, at least two (2) bids

20

shall be solicited. A written determination of the basis for the

21

emergency and for the selection of the particular contractor

22

shall be included in the contract file.

23

* * *

24

Section 2003-A.1.  Project Contracts.--* * *

25

[(c)  All contracts, other than contracts for the retention

26

of architects and engineers, authorized by this section which

27

exceed a base amount of eighteen thousand five hundred dollars

28

($18,500), subject to adjustment under subsection (c.1), shall

29

be advertised in the manner provided by law and competitively

30

bid and awarded to the lowest responsible bidder. In case of

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1

emergencies and notwithstanding any other provision of this

2

section to the contrary, the chancellor may make or authorize

3

others to make an emergency procurement whenever a threat exists

4

to public health, welfare or safety or circumstances outside the

5

control of the State system and creates an urgency of need which

6

does not permit the delay involved in using more formal

7

competitive methods. Whenever practical, in the case of a

8

procurement of a supply, at least two (2) bids shall be

9

solicited. A written determination of the basis for the

10

emergency and for the selection of the particular contractor

11

shall be included in the contract file.

12

(c.1)  Adjustments shall be made as follows:

13

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

14

average annual percentage change in the Consumer Price Index for

15

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

16

City Average as published by the United States Department of

17

Labor, Bureau of Labor Statistics, for the twelve-month period

18

ending September 30, 2012, and for each successive twelve-month

19

period thereafter.

20

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

21

percentage change, then no adjustment to the base amounts shall

22

occur for the relevant time period.

23

(2)  The positive percentage change, as determined in

24

accordance with clause (1), shall be multiplied by the amount

25

applicable under subsection (c) for the current period, and the

26

product thereof shall be added to the amount applicable under

27

subsection (c) for the current period, with the result rounded

28

to the nearest multiple of one hundred dollars ($100).

29

(3)  The determination required under clause (1) and the

30

calculation adjustments required under clause (2) shall be made

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1

in the period between October 1 and November 15 of the year

2

following the effective date of this subsection and between

3

October 1 and November 15 of each successive year.

4

(4)  The adjusted amounts obtained in accordance with clause

5

(2) shall become effective January 1 for the period following

6

the year in which the determination required under clause (1) is

7

made.

8

(5)  The Department of Labor and Industry shall give notice

9

in the Pennsylvania Bulletin prior to January 1 of each calendar

10

year in which the percentage change is determined in accordance

11

with clause (1) of the amounts, whether adjusted or unadjusted

12

in accordance with clause (2), at which competitive bidding is

13

required under subsection (c) for the period beginning the first

14

day of January after publication of the notice.

15

(6)  The annual increase in the preliminary adjusted base

16

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

17

three percent (3%).]

18

(c.2)  All contracts, other than contracts for the retention

19

of architects and engineers, authorized by this section which

20

exceed a base amount of eighteen thousand five hundred dollars

21

($18,500), subject to adjustment under subsection (c.3), shall

22

be advertised in the manner provided by law and competitively

23

bid and awarded to the lowest responsible bidder. In case of

24

emergencies and notwithstanding any other provision of this

25

section to the contrary, the chancellor may make or authorize

26

others to make an emergency procurement whenever a threat exists

27

to public health, welfare or safety or circumstances outside the

28

control of the State system and creates an urgency of need which

29

does not permit the delay involved in using more formal

30

competitive methods. Whenever practical, in the case of a

- 78 -

 


1

procurement of a supply, at least two (2) bids shall be

2

solicited. A written determination of the basis for the

3

emergency and for the selection of the particular contractor

4

shall be included in the contract file.

5

(c.3)  Adjustments shall be made as follows:

6

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

7

average annual percentage change in the Consumer Price Index for

8

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

9

City Average as published by the United States Department of

10

Labor, Bureau of Labor Statistics, for the twelve-month period

11

ending September 30, 2012, and for each successive twelve-month

12

period thereafter.

13

(1.1)  If the Department of Labor and Industry determines

14

that there is no positive percentage change, then no adjustment

15

to the base amounts shall occur for the relevant time period.

16

(2)  The positive percentage change, as determined in

17

accordance with clause (1), shall be multiplied by the amount

18

applicable under subsection (c.2) for the current period, and

19

the product thereof shall be added to the amount applicable

20

under subsection (c.2) for the current period, with the result

21

rounded to the nearest multiple of one hundred dollars ($100).

22

(3)  The determination required under clause (1) and the

23

calculation adjustments required under clause (2) shall be made

24

in the period between October 1 and November 15, 2012, and

25

between October 1 and November 15 of each successive year.

26

(4)  The adjusted amounts obtained in accordance with clause

27

(2) shall become effective January 1 for the period following

28

the year in which the determination required under clause (1) is

29

made.

30

(5)  The Department of Labor and Industry shall give notice

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1

in the Pennsylvania Bulletin prior to January 1 of each calendar

2

year in which the percentage change is determined in accordance

3

with clause (1) of the amounts, whether adjusted or unadjusted

4

in accordance with clause (2), at which competitive bidding is

5

required under subsection (c.2) for the period beginning the

6

first day of January after publication of the notice.

7

(6)  The annual increase in the preliminary adjusted base

8

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

9

three percent (3%).

10

* * *

11

Section 25.  Section 2010-A(10) of the act, amended November

12

3, 2011 (P.L.400, No.97), is amended and the section is amended

13

by adding a paragraph to read:

14

Section 2010-A.  Power and Duties of Institution

15

Presidents.--The president of each institution shall be

16

appointed by the board. The president shall be the chief

17

executive officer of that institution. He shall have the right

18

to attend all meetings of the council of that institution and

19

shall have the right to speak on all matters before the council

20

but not to vote. Subject to the stated authority of the board

21

and the council, each president shall have the following powers

22

and duties: 

23

* * *

24

[(10)  Within the limitations of the operating budget and

25

other available funds in accordance with the procedures

26

established by the board and with the approval of the local

27

council, to negotiate and award all contracts for equipment,

28

services and supplies in excess of a cost of a base amount of

29

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

30

adjustment under section 119, on a competitive bid basis and to

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1

purchase instructional, educational, extracurricular, technical,

2

administrative, custodial and maintenance equipment and supplies

3

not in excess of a cost of a base amount of eighteen thousand

4

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

5

section 119, without competitive bidding, except that such items

6

shall not be bought in series to avoid the dollar ceiling.]

7

(10.1)  Within the limitations of the operating budget and

8

other available funds in accordance with the procedures

9

established by the board and with the approval of the local

10

council, to negotiate and award all contracts for equipment,

11

services and supplies in excess of a cost of a base amount of

12

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

13

adjustment under section 120, on a competitive bid basis and to

14

purchase instructional, educational, extracurricular, technical,

15

administrative, custodial and maintenance equipment and supplies

16

not in excess of a cost of a base amount of eighteen thousand

17

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

18

section 120, without competitive bidding, except that such items

19

shall not be bought in series to avoid the dollar ceiling.

20

* * *

21

Section 26.  Section 2104 of the act is amended to read:

22

Section 2104.  Superintendents of Schools or Buildings and of

23

Supplies.--The board of public education in each school district

24

of the first class shall, whenever a vacancy in said office

25

shall occur, appoint a district superintendent, who shall be

26

designated and known as superintendent of schools[, for a term

27

of not more than six (6) years]. The board may also appoint a

28

superintendent of buildings and a superintendent of supplies.

29

The board shall prescribe the terms and duties and fix the

30

salaries of each of such employes. They shall be responsible to

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1

the board for the conduct of their respective departments, shall

2

make annual reports to the board, and shall from time to time

3

submit such plans and suggestions for the improvement of the

4

schools and the school system as they shall deem expedient or as

5

the board of public education may require.

6

The superintendent of buildings shall be an engineer or

7

architect of good standing in his profession. The superintendent

8

of buildings and the superintendent of supplies shall each give

9

such security for the faithful performance of the duties of

10

their respective offices as the board of public education shall

11

prescribe.

12

Section 27.  The act is amended by adding sections to read:

13

Section 2319.  State aid for fiscal year 2012-2013.

14

Notwithstanding any other provision of law to the contrary,

15

each library subject to the act of June 14, 1961 (P.L.324,

16

No.188), known as The Library Code, shall be eligible for State

17

aid for fiscal year 2012-2013, which shall consist of the

18

following:

19

(1)  Funds appropriated for libraries shall be

20

distributed to each library under the following formula:

21

(i)  Divide the amount of funding that the library

22

received in fiscal year 2011-2012 under section 2318, by

23

the total State-aid subsidy for fiscal year 2011-2012.

24

(ii)  Multiply the quotient under subparagraph (i) by

25

the total State-aid subsidy for 2012-2013.

26

(2)  Following distribution of funds appropriated for

27

State aid to libraries under paragraph (1), any remaining

28

funds may be distributed at the discretion of the State

29

Librarian.

30

(3)  If funds appropriated for State aid to libraries in

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1

fiscal year 2012-2013 are less than funds appropriated in

2

fiscal year 2002-2003, the State Librarian may waive

3

standards as prescribed in section 103 of The Library Code.

4

(4)  (i)  Each library system receiving State aid under

5

this section may distribute the local library share of

6

that aid in a manner as determined by the board of

7

directors of the library system.

8

(ii)  In the case of a library system that contains a

9

library operating in a city of the second class, changes

10

to the distribution of State aid to the library shall be

11

made by mutual agreement between the library and the

12

library system.

13

(5)  In the event of a change in district library center

14

population prior to the effective date of this section as a

15

result of:

16

(i)  a city, borough, town, township, school district

17

or county moving from one library center to another; or

18

(ii)  a transfer of district library center status to

19

a county library system,

20

funding of district library center aid shall be paid based on

21

the population of the newly established or reconfigured

22

district library center.

23

Section 2502.51.  Basic Education Funding for 2011-2012

24

School Year.--(a)  For the 2011-2012 school year, the

25

Commonwealth shall pay to each school district a basic education

26

funding allocation which shall consist of the following:

27

(1)  An amount equal to the basic education funding

28

allocation for the 2010-2011 school year pursuant to section

29

2502.50.

30

(2)  An English language learner high incidence supplement

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1

calculated for qualifying school districts as follows:

2

(i)  To qualify for the English language learner high

3

incidence supplement, a school district's 2011-2012 market

4

value/income aid ratio must be greater than seven thousand ten-

5

thousandths (0.7000) and its English language learner

6

concentration must be equal to or greater than six percent (6%).

7

(ii)  The English language learner high incidence supplement

8

shall be calculated for qualifying school districts as follows:

9

(A)  Multiply the qualifying school district's 2009-2010

10

average daily membership by seventeen million four hundred fifty

11

thousand dollars ($17,450,000).

12

(B)  Divide the product from clause (A) by the sum of the

13

2009-2010 average daily membership for all qualifying school

14

districts.

15

(3)  A charter and cyber charter school extraordinary

16

enrollment supplement calculated for qualifying school districts

17

as follows:

18

(i)  To qualify for the charter and cyber charter school

19

extraordinary enrollment supplement, a school district's

20

2011-2012 market value/income aid ratio must be greater than

21

eight thousand ten-thousandths (0.8000), its 2009-2010 average

22

daily membership must be greater than five thousand (5,000) and

23

its charter and cyber charter school concentration must be

24

greater than fourteen percent (14%).

25

(ii)  The charter and cyber charter school extraordinary

26

enrollment supplement shall be calculated for qualifying school

27

districts as follows:

28

(A)  For school districts with a charter and cyber charter

29

school concentration equal to or greater than thirty percent

30

(30%), multiply the qualifying school district's 2009-2010

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1

average daily membership by one thousand three hundred seventeen

2

dollars ($1,317).

3

(B)  For school districts with a charter and cyber charter

4

school concentration less than thirty percent (30%), multiply

5

the qualifying school district's 2009-2010 average daily

6

membership by five hundred dollars ($500).

7

(4)  A second class county school district supplement

8

calculated for qualifying school districts as follows:

9

(i)  To qualify for the second class county school district

10

supplement, a school district must be located in a county of the

11

second class, its 2011-2012 market value/income aid ratio must

12

be greater than six thousand ten-thousandths (0.6000), its

13

2009-2010 average daily membership must be greater than one

14

thousand (1,000) and less than two thousand five hundred (2,500)

15

and its number of students eligible for free or reduced-price

16

meals under the National School Lunch Program during the

17

2010-2011 school year must be greater than one thousand fifty

18

(1,050) and less than one thousand two hundred fifty (1,250).

19

(ii)  The second class county school district supplement

20

shall be calculated for qualifying school districts as follows:

21

(A)  Multiply the qualifying school district's 2009-2010

22

average daily membership by one million dollars ($1,000,000).

23

(B)  Divide the product from clause (A) by the sum of the

24

2009-2010 average daily membership for all qualifying school

25

districts.

26

(5)  A second class school district supplement calculated for

27

qualifying school districts as follows:

28

(i)  To qualify for the second class school district

29

supplement, a school district must have been classified as a

30

second class school district during the 2000 census, it must

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1

have received State reimbursements pursuant to section 2591.1

2

for the 2009-2010 school year in an amount greater than three

3

million five hundred thousand dollars ($3,500,000) and it must

4

have a 2009-2010 average daily membership greater than eight

5

thousand (8,000).

6

(ii)  The second class school district supplement shall be

7

calculated for qualifying school districts as follows:

8

(A)  Multiply the qualifying school district's 2009-2010

9

average daily membership by one million dollars ($1,000,000).

10

(B)  Divide the product from clause (A) by the sum of the

11

2009-2010 average daily membership for all qualifying school

12

districts.

13

(6)  An increasing aid ratio supplement calculated for

14

qualifying school districts as follows:

15

(i)  To qualify for the increasing aid ratio supplement, a

16

school district's 2011-2012 market value/income aid ratio must

17

be greater than six thousand ten-thousandths (0.6000), its

18

2009-2010 average daily membership must be greater than eleven

19

thousand (11,000), its number of students eligible for free or

20

reduced-price meals under the National School Lunch Program

21

during the 2010-2011 school year must be greater than six

22

thousand (6,000) and its market value/income aid ratio must have

23

increased from the 1991-1992 school year to the 2011-2012 school

24

year by more than sixty percent (60%).

25

(ii)  The increasing aid ratio supplement shall be calculated

26

for qualifying school districts as follows:

27

(A)  Multiply the qualifying school district's 2009-2010

28

average daily membership by two million dollars ($2,000,000).

29

(B)  Divide the product from clause (A) by the sum of the

30

2009-2010 average daily membership for all qualifying school

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1

districts.

2

(7)  A personal income supplement calculated for qualifying

3

school districts as follows:

4

(i)  To qualify for the personal income supplement, a school

5

district's 2011-2012 market value/income aid ratio must be

6

greater than fifty-two hundred ten-thousandths (0.5200) and less

7

than six thousand ten-thousandths (0.6000), its 2009-2010

8

average daily membership must be greater than five thousand five

9

hundred (5,500), its 2010-2011 equalized millage rate must be

10

greater than twenty-two (22) and less than twenty-six (26), its

11

adjusted personal income valuation for the 2008 tax year must be

12

greater than six hundred fifty million dollars ($650,000,000)

13

and its number of students eligible for free or reduced-price

14

meals under the National School Lunch Program during the

15

2010-2011 school year must be greater than one thousand five

16

hundred (1,500).

17

(ii)  The personal income supplement shall be calculated for

18

qualifying school districts as follows:

19

(A)  For each school district with an adjusted personal

20

income valuation for the 2008 tax year greater than eight

21

hundred million dollars ($800,000,000), the personal income

22

supplement shall be two million dollars ($2,000,000).

23

(B)  For each school district with an adjusted personal

24

income valuation for the 2008 tax year less than eight hundred

25

million dollars ($800,000,000), the personal income supplement

26

shall be one million five hundred thousand dollars ($1,500,000).

27

(8)  A small district increasing aid ratio supplement

28

calculated for qualifying school districts as follows:

29

(i)  To qualify for the small district increasing aid ratio

30

supplement, a school district's 2011-2012 market value/income

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1

aid ratio must be greater than five thousand ten-thousandths

2

(0.5000) and less than fifty-five hundred ten-thousandths

3

(0.5500), its market value/income aid ratio must have increased

4

from the 1991-1992 school year to the 2011-2012 school year by

5

more than thirty percent (30%), and its 2009-2010 average daily

6

membership must be greater than one thousand seven hundred

7

(1,700) and less than one thousand eight hundred (1,800).

8

(ii)  The small district increasing aid ratio supplement

9

shall be calculated for qualifying school districts as follows:

10

(A)  Multiply the qualifying school district's 2009-2010

11

average daily membership by three hundred thousand dollars

12

($300,000).

13

(B)  Divide the product from clause (A) by the sum of the

14

2009-2010 average daily membership for all qualifying school

15

districts.

16

(9)  A small district supplement calculated for qualifying

17

school districts as follows:

18

(i)  To qualify for the small district supplement, a school

19

district's 2011-2012 market value/income aid ratio must be

20

greater than seven thousand ten-thousandths (0.7000) and less

21

than seventy-five ten-thousandths (0.7500), its 2009-2010

22

average daily membership must be greater than one thousand two

23

hundred (1,200) and less than one thousand three hundred (1,300)

24

and its 2010-2011 equalized millage rate must be greater than

25

nineteen (19).

26

(ii)  The small district supplement shall be calculated for

27

qualifying school districts as follows:

28

(A)  Multiply the qualifying school district's 2009-2010

29

average daily membership by two hundred fifty thousand dollars

30

($250,000).

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1

(B)  Divide the product from clause (A) by the sum of the

2

2009-2010 average daily membership for all qualifying school

3

districts.

4

(b)  The data used to calculate the provisions contained in

5

subsection (a)(2), (3), (4), (5), (6), (7), (8) and (9) shall be

6

based on information available to the Department of Education as

7

of June 30, 2012.

8

(c)  Funds received under subsection (a)(2)(ii) by a school

9

district with a 2011-2012 market value/income aid ratio greater

10

than eighty-five hundred ten-thousandths (0.8500) shall be

11

withheld until such time that a spending plan proposed by the

12

school district's board of school directors for use of the funds

13

is approved by the Secretary of Education in consultation with

14

the local intermediate unit.

15

(d)  The following shall apply:

16

(1)  (i)  Funds received by a school district under

17

subsection (a)(3)(ii)(A) shall be used to satisfy judgments and

18

past-due accounts payable beyond ninety (90) or more days

19

including health care benefits, payments to charter schools,

20

payments to approved private schools and payments to

21

intermediate units.

22

(ii)  If all judgments have been satisfied and past-due

23

accounts paid, funds may be used for timely payment of health

24

care benefits, payments to charter schools, payments to approved

25

private schools, payments to intermediate units and for other

26

expenses approved by the Secretary of Education to ensure the

27

fiscal stability of the school district.

28

(2)  Not later than August 31, 2012, the school district

29

shall submit a report to the Department of Education detailing

30

the use of the funds received under this subsection, including

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1

specific payment amounts, specific payment dates and the

2

entities receiving payment.

3

(e)  Any undistributed funds shall be deposited in the

4

Financial Recovery School District Transitional Loan Account.

5

(f)  For the purposes of this section:

6

(1)  The English language learner concentration shall be

7

determined by dividing the school district's number of enrolled

8

students identified as limited English proficient during the

9

2009-2010 school year by its 2009-2010 average daily membership. 

10

(2)  The charter and cyber school concentration shall be

11

determined by dividing the school district's 2009-2010 average

12

daily membership enrolled in charter and cyber charter schools

13

by its 2009-2010 average daily membership.

14

Section 28.  Sections 2509.1(c.1) and 2509.5(aaa) of the act,

15

added June 30, 2011 (P.L.112, No.24), are amended to read:

16

Section 2509.1.  Payments to Intermediate Units.--* * *

17

(c.1)  For the 2011-2012 [school year] and 2012-2013 school

18

years, five and one-half percent (5.5%) of the State special

19

education appropriation shall be paid to intermediate units on

20

account of special education services. Of this five and one-half

21

percent (5.5%), thirty-five percent (35%) shall be distributed

22

equally among all intermediate units. The remaining sixty-five

23

percent (65%) shall be distributed to each intermediate unit in

24

proportion to the number of average daily membership of the

25

component school districts of each intermediate unit as compared

26

to the Statewide total average daily membership.

27

* * *

28

Section 2509.5.  Special Education Payments to School

29

Districts.--* * *

30

(aaa)  During the 2009-2010 through the [2011-2012] 2012-2013 

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1

school years, each school district shall be paid the amount it

2

received during the 2008-2009 school year under subsection (zz).

3

If insufficient funds are appropriated, the payments shall be

4

made on a pro rata basis.

5

Section 29.  The act is amended by adding a section to read:

6

Section 2510.2.  Assistance to School Districts Certified as

7

Education Empowerment Districts.--For the 2012-2013 fiscal year,

8

the Department of Education may utilize up to $4,500,000 of

9

undistributed funds not expended, encumbered or committed from

10

appropriations for grants and subsidies made to the Department

11

of Education to assist school districts certified on or before

12

June 30, 2010, as an education empowerment district under

13

section 1705-B(h)(3). The funds shall be transferred by the

14

Secretary of the Budget to a restricted account as necessary to

15

make payments under this section and when transferred are hereby

16

appropriated to carry out the provisions of this section.

17

Section 30.  Section 2574(a) of the act, amended September

18

29, 1959 (P.L.992, No.407), is amended to read:

19

Section 2574.  Approved Reimbursable Rental for Leases

20

Hereafter Approved and Approved Reimbursable Sinking Fund

21

Charges on Indebtedness.--(a)  For school building projects for

22

which the general construction contract is awarded subsequent to

23

March 22, 1956, and for approved school building projects for

24

which the general construction contract was awarded but for

25

which a lease was not approved by the Department of [Public

26

Instruction] Education prior to March 22, 1956, the Department

27

of [Public Instruction] Education shall calculate an approved

28

reimbursable rental or approved reimbursable sinking fund

29

charges. Reimbursable sinking fund charges may include charges

30

for temporary indebtedness within constitutional limitations, if

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1

the indebtedness is incurred for approved permanent improvements

2

to the school plant including the cost of acquiring a suitable

3

site for a school building, the cost of constructing a new

4

school building, or the cost of providing needed additions or

5

alterations to existing buildings for which no bond issue is

6

provided and for which an approved obligation or obligations

7

other than bonds have been issued and the obligation or

8

obligations are payable within five (5) years from the date of

9

issue of the obligation in equal annual installments.

10

Nothing in this section or in the Department of Education

11

guidelines shall prohibit a school district from receiving

12

reimbursement for approved building improvements, including the

13

cost of acquiring a suitable site for a school building, the

14

cost of constructing a new school building or the cost of

15

providing needed additions or alterations to existing buildings,

16

if a school district elects not to remove any relocatable or

17

modular classroom utilized after the completion of a building

18

project. The term "relocatable or modular classroom" shall mean

19

a classroom not of a permanent nature which meets the criteria

20

and specifications of the Department of Education.

21

Approved reimbursable rental or sinking fund charge shall

22

consist of that part of the annual rental or sinking fund charge

23

attributable to--

24

(1)  The cost of acquiring the land upon which the school

25

buildings are situate, the cost of necessary rough grading to

26

permit proper placement of the building upon said land and the

27

cost of sewage treatment plants, as required by the Department

28

of Health, to the extent that such costs are deemed reasonable

29

by the Department of [Public Instruction] Education and the

30

interest on such costs of acquisition, grading and sewage

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1

treatment plants earned subsequent to date the construction

2

contract is awarded, and

3

(2)  The approved building construction cost and the interest

4

on such construction cost.

5

* * *

6

Section 31.  Section 2599.2(e)(7) of the act, added July 9,

7

2008 (P.L.846, No.61), is amended to read:

8

Section 2599.2.  Pennsylvania Accountability Grants.--* * *

9

(e)  * * *

10

(7)  For the 2008-2009 and 2012-2013 fiscal [year] years, if

11

insufficient funds are appropriated to make Commonwealth

12

payments pursuant to this section, such payments shall be made

13

on a pro rata basis.

14

* * *

15

Section 32.  The act is amended by adding a section to read:

16

Section 2599.4.  Targeted Industry Cluster Certificate

17

Scholarship Program.--(a)  The Targeted Industry Cluster

18

Certificate Scholarship Program is established within the

19

Pennsylvania Higher Education Assistance Agency.

20

(b)  The agency may use funds appropriated to provide grants

21

for defraying the necessary expense of residents of this

22

Commonwealth who are eligible students pursuing an eligible

23

course of study at an eligible educational provider.

24

(c)  The agency shall determine and approve student

25

eligibility and educational provider eligibility requirements

26

for the program.

27

(d)  The Department of Education shall consult with the

28

Department of Labor and Industry to identify programs of study

29

that train individuals for areas of immediate workforce need and

30

provide the agency with a list of eligible programs of study.

- 93 -

 


1

(e)  Grant awards shall be established by the agency based

2

upon available resources.

3

Section 33.  Section 2506-A(b) of the act, added December 23,

4

2003 (P.L.304, No.48), is amended to read:

5

Section 2506-A.  Review process.

6

* * *

7

(b)  [Strategic plan.--Each district's review shall be

8

scheduled one year prior to the date required for filing of the

9

district's strategic plan under 22 Pa. Code § 4.13 (relating to

10

strategic plans) or its successor regulations, except that all

11

districts placed on the education empowerment list pursuant to

12

section 1703-B or determined to be distressed pursuant to

13

section 691 as of the effective date of this article shall be

14

included in the initial cycle of school districts subject to a

15

review.] (Reserved).

16

* * *

17

Section 34.  This act shall apply as follows:

18

(1)  The amendment or addition of sections 1073, 1073.1,

19

1076, 1077, 1078 and 1080 of the act shall apply to contracts

20

of district superintendents or assistant district

21

superintendents entered into or renewed on or after November

22

1, 2012.

23

(2)  To contracts and purchases advertised on or after

24

July 1, 2012, or immediately, whichever is later.

25

Section 35.  This act shall take effect as follows:

26

(1)  The amendment of section 1308 of the act shall take

27

effect in 60 days.

28

(2)  The amendments of section 1439 of the act shall take

29

effect in 90 days.

30

(3)  The addition of Article XV-G of the act shall take

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1

effect immediately.

2

(4)  Except as otherwise provided in paragraph (5), the

<--

3

addition of Article XVI-C of the act shall take effect in 60

4

days.

5

(5)  The addition of section 1604-C(b)(3)(v) of the act

6

shall take effect two years from the effective date of this

7

section.

8

(3.1) (6)  The reenactment and amendment of section 1704-

<--

9

B heading and (c) of the act shall take effect immediately.

10

(4) (7)  Section 34 and this section shall take effect

<--

11