AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for hybrid learning
6program.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding an
11article to read:

12ARTICLE XV-H

13HYBRID LEARNING PROGRAM

14Section 1501-H. Definitions.

15The following words and phrases when used in this article
16shall have the meaning given to them in this section unless the
17context clearly indicates otherwise:

18"Department." The Department of Education of the
19Commonwealth.

20"Hybrid learning." An educational model under which a blend

1of digital resources, classroom teaching and peer collaboration
2are used to create a personalized learning environment for each
3student, the goal of which is to deliver cost-effective,
4individualized instruction to increase student engagement and
5improve academic performance.

6"Hybrid learning program" or "program." The program
7established under section 1502-H.

8"Intermediate unit." An intermediate unit established under
9Article IX-A.

10"Nonpublic school." A nonprofit school, other than a public
11school within this Commonwealth, wherein a resident of this
12Commonwealth may legally fulfill the compulsory school
13attendance requirements of this act and which meets the
14requirements of Title VI of the Civil Rights Act of 1964 (Public
15Law 88-352, 42 U.S.C. § 2000 et seq.).

16"School entity." A school district, charter school, cyber
17charter school or regional charter school.

18Section 1502-H. Establishment.

19A hybrid learning program is established under which the
20department shall award grants to school entities and
21intermediate units that are selected through an application
22process to be established and administered by the department.

23Section 1503-H. Grant award and application process.

24The following shall apply:

25(1) The hybrid learning program established under
26section 1502-H shall be funded by $10,000,000 appropriated by
27the General Assembly and from any Federal, State or private
28funds otherwise available for this purpose.

29(2) From funds available for the hybrid learning program
30under paragraph (1), the department shall award grants to

1school entities and intermediate units that are selected
2through an application process that shall be established and
3administered by the department.

4(3) The application process established by the
5department under paragraph (2) shall require each school
6entity seeking grant funds under the program to do the
7following:

8(i) Describe the hybrid learning opportunities the
9school entity will make available to students.

10(ii) Identify the school entity's goals for
11participation in the program, including the school
12entity's goals for student academic achievement.

13(iii) Deliver to its professional educator staff a
14professional development program that provides training
15in hybrid learning pedagogy.

16(iv) Monitor the school entity's progress toward its
17stated goals, including student academic achievement,
18throughout the academic year.

19(v) Report the school entity's progress under the
20program, including student academic achievement results,
21to the department beginning on July 30, 2015, and by July
2230 of each year thereafter.

23(4) (i)  Subject to subparagraphs (ii) and (iii),
24students attending nonpublic schools may receive hybrid
25learning services provided by the intermediate unit in
26which the nonpublic school is located.

27(ii)  The application process established by the
28department under paragraph (2) shall require each
29intermediate unit seeking grant funds under the program
30to do the following:

1(A)  Provide the department with the number of
2nonpublic school students to whom the intermediate
3unit plans to provide hybrid learning services.

4(B)  Describe the hybrid learning services the
5intermediate unit will make available to students.

6(C)  Identify the intermediate unit's goals for
7participation in the program, including the
8intermediate unit's goals for student academic
9achievement and the manner in which student academic
10achievement will be measured.

11(D)  Deliver to its professional educator staff a
12professional development program that provides
13training in hybrid learning pedagogy.

14(E)  Monitor the intermediate unit's progress
15toward its stated goals, including student academic
16achievement, throughout the academic year. Before the
17intermediate unit provides hybrid learning services
18to a nonpublic school student under the program, the
19intermediate unit shall enter into a written
20agreement with the parent or guardian of the
21nonpublic school student indicating the parent's or
22guardian's consent to the student's participation in
23the program and specifying the manner in which the
24student's academic achievement will be measured.

25(F)  Report the intermediate unit's progress
26under the program, including student academic
27achievement results, to the department beginning on
28July 30, 2015, and by July 30 of each year
29thereafter.

30(iii)  Before an intermediate unit makes any decision

1that affects the opportunities for nonpublic school
2students to receive hybrid learning services under the
3program, the intermediate unit shall consult with
4nonpublic schools located within the intermediate unit to
5determine at a minimum:

6(A)  Which general categories of children shall
7receive services.

8(B)  What services shall be provided.

9(C)  How and where the services shall be
10provided.

11(D)  How the services will be evaluated.

12(iv)  Hybrid learning services under the program
13shall be provided directly to nonpublic school students
14by the intermediate unit in the students' homes, in the
15schools which the students attend, in mobile
16instructional units located on the grounds of such
17schools or in any alternative setting mutually agreed
18upon by the school and the intermediate unit, to the
19extent permitted by the Constitution of the United States
20and the Constitution of Pennsylvania.

21(5) The department shall determine the amount of all
22grants awarded under the program.

23(6) School entities and intermediate units receiving
24grants under the program shall apply all grant funds to
25implement the hybrid learning opportunities described in the
26grant application.

27Section 1504-H. Requirements for hybrid learning opportunities.

28The following shall apply:

29(1) Hybrid learning opportunities may be delivered
30outside of a school building in whole or in part using

1technology that may include the Internet, video conferencing
2or other electronic means.

3(2) The time during which a student participates in
4hybrid learning opportunities shall be considered to be
5compliant with the compulsory attendance requirements of
6section 1327.

7(3) School entities offering hybrid learning
8opportunities shall develop policies related to the following
9and post such policies on the school entity's publicly
10accessible Internet website:

11(i) Course grades.

12(ii) Course credit.

13(iii) Student promotion and graduation.

14(iv) Eligibility requirements for student
15participation in hybrid learning opportunities.

16(4) A school entity offering hybrid learning
17opportunities shall ensure that each student enrolled in the
18school entity and participating in hybrid learning
19opportunities is offered at least 990 hours of instruction at
20the secondary level and 900 hours of instruction at the
21elementary level.

22(5)  Intermediate units offering hybrid learning
23opportunities shall develop and post on the intermediate
24unit's publicly accessible Internet website policies related
25to how the intermediate unit and a nonpublic school will
26cooperate concerning the following:

27(i)  Course grades.

28(ii)  Course credit.

29(iii)  Student promotion and graduation.

30(iv)  Eligibility requirements for student

1participation in hybrid learning opportunities.

2(v)  Ensuring that each nonpublic school student
3receiving hybrid learning services from the intermediate
4unit is offered at least 990 hours of instruction at the
5secondary level and 900 hours of instruction at the
6elementary level.

7Section 1505-H. Powers and duties of department.

8The department shall:

9(1) Establish and administer an application process for
10school entities and intermediate units seeking grant funds
11under the program and promulgate guidelines regarding the
12application process and the criteria the department will use
13in reviewing applications.

14(2) Review all applications pursuant to criteria
15established under paragraph (1).

16(3) From funds available for the hybrid learning program
17under section 1503-H(1), award grants to school entities and
18intermediate units satisfying the criteria established under
19paragraph (1) in amounts determined by the department.

20(4) Provide technical assistance as needed to school
21entities and intermediate units receiving grant funding under
22the program.

23(5) Prepare and submit the annual report required under
24section 1506-H.

25Section 1506-H. Annual report.

26By November 30, 2015, and by November 30 of each year
27thereafter, the department shall prepare and submit a report to
28the Governor, the Appropriations Committee of the Senate, the
29Appropriations Committee of the House of Representatives, the
30Education Committee of the Senate and the Education Committee of

1the House of Representatives regarding the effectiveness and
2administration of the hybrid learning program established under
3this article. The report shall, at a minimum, discuss the
4following:

5(1) Whether the hybrid learning program is meeting the
6goal of delivering cost-effective, individualized instruction
7to increase student engagement and improve academic
8performance.

9(2) The measures the department used to measure outcomes
10of the hybrid learning program, including student academic
11performance.

12(3) Individual school entity results from participation
13in the program, as reported to the department pursuant to
14section 1503-H(2)(v).

15(4) The manner in which intermediate units provide
16hybrid learning opportunities to nonpublic school students
17under the program and an assessment of the outcomes of such
18opportunities.

19(5) The overall success of the hybrid learning program.

20(6) Recommendations for modifications to the hybrid
21learning program.

22Section 1507-H. Collective bargaining.

23Nothing contained in this article shall be construed to
24supersede or preempt the rights, remedies and procedures
25afforded to school employees or labor organizations under
26Federal or State law, including the act of July 23, 1970
27(P.L.563, No.195), known as the Public Employe Relations Act, or
28any provision of a collective bargaining agreement negotiated
29between a school entity or an intermediate unit and an exclusive
30representative of the employees in accordance with that act.

1Section 2. This act shall take effect in 60 days.