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," <-in preliminary provisions, providing 
6for public school web accountability and transparency; in 
7grounds and buildings, further providing for approval by 
8department of plans of buildings and exceptions, providing 
9for accountability and reducing costs in construction 
10process, further providing for limitation on new applications 
11for Department of Education approval of public school 
12building projects; <-in safe schools, further providing for 
13Office of Safe Schools; in terms and courses of study, <-adding 
14winter <-providing for payments or reimbursements relating to 
15secretary declaration of weather emergency provisions <-and 
16further providing for days schools not to be kept open.;<- and, 
17in reimbursements by Commonwealth and between school 
18districts, further providing for definitions, for approved 
19reimbursable rental for leases, hereafter approved and 
20approved reimbursable sinking fund charges on indebtedness, 
21for payments on account of leases hereafter approved and on 
22account of sinking fund charges on indebtedness for school 
23building hereafter constructed and for payments on account of 
24building costs, providing for lump sum reimbursement for 
25construction or reconstruction.

26The General Assembly Finds and declares as follows:

27(1) It is important that public schools operate as
28efficiently as possible and are responsible in their use of

1taxpayer funds.

<-2(2) Effective school safety measures enhance the
3efficiency of school operations and help ensure the
4responsible and prudent use of taxpayer funds.

<-5(2) (3) It is important that school districts have the
6flexibility to plan for the school year in response to
7potential weather emergencies while ensuring consistent
8Commonwealth subsidy.

<-9(3) (4) It is important that the school construction
10reimbursement process operate in an efficient and timely
11manner in order to provide school districts with revenue
12stability, and that this process encourage fiscal
13responsibility.

<-14(4) (5) It is the purpose of this act to provide for
15increased efficiencies, flexibility in planning and revenue
16stability for public schools, and to encourage public schools
17to be fiscally responsible.

<-18(5) (6) This act will:

19(i) Provide for a searchable, public Internet
20website that will allow taxpayers to monitor public
21school efficiency by reviewing public school receipts,
22expenditures and performance.

<-23(ii) Authorize and empower the Office for Safe
24Schools to develop telephone hotlines and Internet
25notification systems to report potential or actual
26violence or possession of weapons on school property.

<-27(ii) (iii) Provide for revenue certainty and
28flexibility in planning for school districts by ensuring
29that school districts that satisfy the minimum
30instructional day requirement through alternative means

1will not suffer a loss of Commonwealth subsidy as a
2result of weather emergencies.

<-3(iii) (iv) Modernize the school construction 
4reimbursement process so as to allow school districts to 
5apply for reimbursement more efficiently, provide for 
6increased transparency in the school construction 
7reimbursement process, provide for more timely school 
8construction reimbursement, and encourage school 
9districts to utilize funds for school construction in a 
10responsible and cost-effective manner.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. Sections 1501.7(a), (b), (d), (g) and (h) and
141502(c) of the act of March 10, 1949 (P.L.30, No.14), known as
15the Public School Code of 1949, amended or added May 6, 1966
16(P.L.150, No.28), are amended to read:

17Section 1501.7. Weather [Emergency] Emergencies of 1996 and
182014.--(a) This section applies only to the school year 1995-
191996 as a result of the weather emergency of 1996 and to the
20school year 2013-2014 as a result of the weather emergency of
212014.

22(b) All school entities shall keep open for at least one
23hundred eighty (180) days of instruction for students by using
24all available days through June 30, 1996, for the school year
251995-1996 and all available days through June 30, 2014, for the
26school year 2013-2014 and by using the provisions of this
27section and section 1502(c).

28* * *

29(d) For purposes of computing instructional time pursuant to
30this section, the Secretary of Education shall calculate

1instructional days or time related to the weather emergency of
21996 or 2014 prior to calculating any other lost instructional
3time.

4* * *

5(g) No temporary professional or professional employe of any
6school closed by reason of the weather emergency of 1996 or 2014
7shall receive more or less compensation than that to which the
8employe would otherwise have been entitled to receive from the
9school entity had the weather emergency of 1996 or 2014 not
10occurred.

11(h) No school entity which was closed because of the weather
12emergency of 1996 or 2014 and which makes a good faith effort,
13as determined by the Secretary of Education, to meet the
14requirements of this section shall receive less subsidy payments
15or reimbursements than it would otherwise be entitled to receive
16for the school year 1995-1996 had the weather emergency of 1996
17not occurred or for the school year 2013-2014 had the weather
18emergency of 2014 not occurred.

19* * *

20Section 1502. Days Schools not to be Kept Open.--* * *

21(c) For the school [year] years 1995-1996 and 2013-2014
22only, the board of school directors of a school district,
23intermediate unit or area vocational-technical school and the
24board of trustees of a charter school shall have the option of
25rescheduling instructional days on Saturday, but for not more
26than one Saturday per month, to make up instructional days lost
27from the adopted school calendar because school was closed as a
28result of the weather emergency of 1996 or 2014, respectively.
29In those cases where a board of school directors or board of
30trustees chooses to reschedule instructional days on Saturdays

1in accordance with the provisions of this section, schools
2within such board's jurisdiction shall not schedule tests or
3examinations on these Saturdays. Notwithstanding the provisions
4of subsection (a) or section 1719-A(12), if the board of school
5directors or board of trustees reschedules an instructional day
6on Saturday, the schools may be open the following Monday. The
7chief executive officer of a charter school shall excuse
8students from school attendance as provided in section 1501.7(e)
9and (f).

10Section 2. This act shall take effect immediately.

<-11Section 1. Article I of the act of March 10, 1949 (P.L.30, 
12No.14), known as the Public School Code of 1949, is amended by 
13adding a subarticle heading to read:

14(a) General Provisions.

15Section 2. Article I of the act is amended by adding a
16subarticle to read:

17(b) Public School Web Accountability

18and Transparency (SchoolWATCH).

19Section 151. Scope of subarticle.

20This subarticle shall be known and may be cited as the Public
21School Web Accountability and Transparency (SchoolWATCH) Law.

22Section 152. Definitions.

23The following words and phrases when used in this subarticle
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Administrative staff." Employees of a public school entity
27that include, but are not limited to, superintendents, assistant
28superintendents, deputy superintendents, principals, assistant
29principals, supervisors, managers, directors and coordinators.

30"Advisory committee." The advisory committee established in

1section 155.

2"Area vocational-technical school." As defined in section
31841.

4"Charter school." As defined in section 1703-A.

5"Charter school entity." A charter school, cyber charter
6school or regional charter school as defined in section 1703-A.

7"Cyber charter school." As defined in section 1703-A.

8"Department." The Department of Education of the
9Commonwealth.

10"Entity." Any of the following:

11(1) A corporation, association, limited liability
12company or limited liability partnership.

13(2) An individual who is not an employee of the public
14school entity.

15(3) Any other legal business entity, including a
16nonprofit, a grantee, a contractor and a sole proprietor.

17(4) Any political subdivision or other local government
18entity.

19"Expenditure and performance measure." An annual measure
20developed by the department in consultation with the advisory
21committee that compares the public school entity instructional
22expenditures for each public school entity to that public school
23entity's student academic performance. The measure shall
24include, but not be limited to, academic growth as measured by
25the Pennsylvania Value-Added Assessment System.

26"Funding action or expenditure." A payment by a public
27school entity to include:

28(1) A grant.

29(2) A loan.

30(3) Reimbursement.

1(4) Payment made pursuant to the purchase of goods and
2services, excluding employee salaries, or to a construction
3or other contract.

4(5) Payment of debt service.

5(6) Payments made pursuant to a formula.

6(7) Payments to political subdivisions or other local
7government entities.

8"Funding source." A public school entity's general fund or
9special funds.

10"Public school entity." Any of the following:

11(1) An area vocational-technical school, as defined in
12section 1841.

13(2) A school district, as defined in section 102.

14(3) A charter school entity.

15"Public school entity instructional expenditures."
16Expenditures made from the General Fund for instructional and
17support services by the public school entity as reported on the
18public school entity's most recent annual financial report, to
19be determined by the department in consultation with the
20advisory committee. The term shall include, but not be limited
21to, all functions related to instruction and support services
22pursuant to the Manual of Accounting and Related Financial
23Procedures.

24"Regional charter school." As defined in section 1703-A.

25"SchoolWATCH." The searchable, public Internet website to be
26established by the department under this subarticle.

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

28Section 153. Annual financial reports to be posted.

29Within 90 days of the effective date of this subarticle, and
30by December 31 of each year thereafter, the department shall

1post on its publicly accessible Internet website, as the first
2phase of a searchable, public Internet website to be called
3SchoolWATCH, the most recent annual financial reports for each
4public school entity submitted to the secretary pursuant to
5section 218(a). The department shall post SchoolWATCH in a
6location and in a manner that is easily accessible to the public
7and shall include on SchoolWATCH all explanatory references that
8may be necessary to assist website users in understanding the
9content of public school entities' annual financial reports.

10Section 154. Annual budgets to be posted.

11(a) Filing.--Within 11 months of the effective date of this
12subarticle, and by September 1 of each year thereafter, each
13public school entity shall file with the department an
14electronic copy of its most recent final adopted budget.

15(b) Posting.--Within one year of the effective date of this
16subarticle, and by October 1 of each year thereafter, the
17department shall post on SchoolWATCH, as the second phase of
18SchoolWATCH, the final adopted budgets for each public school
19entity filed with the department pursuant to subsection (a) and
20shall include on SchoolWATCH all explanatory references that may
21be necessary to assist website users in understanding the
22content of public school entities' final adopted budgets.

23Section 155. Searchable database.

24(a) Development.--

25(1) Within 45 days of the effective date of this
26subarticle, the department shall convene an advisory
27committee to develop plans for the department's development
28and establishment of the following:

29(i) the third phase of SchoolWATCH, which shall
30consist of a searchable database detailing certain

1information concerning receipts and expenditures by
2public school entities; and

3(ii) the fourth phase of SchoolWATCH, under which
4the expenditure and performance measure for each public
5school entity shall be added to the searchable database.

6(2) The advisory committee shall consist of the
7following:

8(i) The following members, to be appointed by the
9secretary in consultation with education associations
10representing school districts, charter school entities
11and area vocational-technical schools:

12(A) Five school district business managers.

13(B) Three charter school entity business
14managers.

15(C) Three area vocational-technical school
16business managers.

17(ii) The chairman and minority chairman of the
18Education Committee of the Senate.

19(iii) The chairman and minority chairman of the
20Education Committee of the House of Representatives.

21(iv) Two members who shall be selected by the
22secretary from among the citizens of this Commonwealth.

23(3) The following shall apply to the advisory committee:

24(i) The advisory committee shall:

25(A) Develop a plan for the department's
26establishment of a searchable, public Internet
27database, which shall impose no additional cost on
28public school entities, that the department shall
29establish, place online and fully implement as the
30third phase of SchoolWATCH within two years of the

1effective date of this subarticle, provided that the
2department may extend the implementation date for the
3third phase of SchoolWATCH by one year by publishing
4notice of the extension in the Pennsylvania Bulletin
5within two years of the effective date of this
6subarticle.

7(B) Determine the manner and frequency of
8reporting to the department by public school
9entities, which shall be no less frequent than
10quarterly.

11(C) Within nine months of the effective date of
12this subarticle, issue a report to the Governor and
13the General Assembly setting forth a plan for the
14department's development of the Internet database
15that the department is required to establish pursuant
16to subclause (A).

17(ii) The advisory committee may consider including 
18on the Internet database individual salary information
19for employees who are not administrative staff.

20(iii) In developing a plan for the department's
21establishment of the Internet database, the advisory
22committee shall consider the following:

23(A) How the Internet database established under
24this act can be coordinated with existing databases
25and electronic reporting systems.

26(B) Whether any current public school entity
27reporting requirements that may be duplicated by the
28reporting requirements of this act may be eliminated.

29(C) Development of an efficient and transparent
30method for the department and public school entities

1to comply with the reporting requirements of this
2subarticle.

3(iv) The department shall provide the advisory
4committee with administrative and technical support,
5including the assistance of department information
6technology and budget staff, meeting space and any other
7assistance required by the advisory committee to carry
8out its duties under this subarticle.

9(b) Internet database contents.--

10(1) The Internet database the department is required to
11establish pursuant to subsection (a) shall provide only the
12following information for each public school entity, unless
13the provision of such information conflicts with other
14Federal or State law:

15(i) The name and business address of the public
16school entity.

17(ii) The total amount of funding received by the
18public school entity from, and broken down by, each of
19the following sources and deposited in the public school
20entity's general fund or special fund during the previous
21reporting period:

22(A) Federal.

23(B) State.

24(C) Local.

25(D) Private.

26(iii) The name of the entity receiving a payment
27from the public school entity pursuant to a funding
28action or expenditure.

29(iv) A general description and the amount of each
30funding action or expenditure.

1(v) The funding source for each funding action or
2expenditure.

3(vi) A counter to show the number of times the
4Internet website is accessed.

5(vii) A link to each public school entity's Internet
6website, where available.

7(viii) The total number of individuals employed by
8each public school entity as of the last day of the
9previous reporting period who are not administrative
10staff and the aggregate compensation, as defined in
11section 303(a)(1)(i) of the act of March 4, 1971 (P.L.6,
12No.2), known as the Tax Reform Code of 1971, paid by the
13public school entity to such individuals.

14(ix) For each individual employed by a public school
15entity as administrative staff, the following:

16(A) Name.

17(B) Position or title.

18(C) Current annual salary, based on the
19employee's pay schedule and current salary.

20(D) Any additional compensation received by the
21individual and the basis for such compensation,
22including, but not limited to, duties as a coach or
23activity advisor.

24(E) Compensation, as defined in section 303(a)
25(1)(i) of the Tax Reform Code of 1971, paid by the
26public school entity.

27(x) Copies of all currently effective contracts
28between the public school entity and any union.

29(2) Notwithstanding any other provision of this act,
30records determined by the department to be not subject to

1disclosure under the act of February 14, 2008 (P.L.6, No.3),
2known as the Right-to-Know Law, shall not be included on the
3Internet database.

4(3) The Internet database shall allow the public to
5search for and aggregate information at no cost to the
6public.

7(4) Information posted on SchoolWATCH, including annual
8financial reports, final adopted budgets and information
9included in the database, shall remain on SchoolWATCH for a
10period of no less than eight years from the date of posting.

11(5) The Internet database shall not provide any
12additional information that is not specifically required or
13permitted under this subarticle.

14Section 156. Expenditure and performance measures to be posted.

15Within four years of the effective date of this subarticle,
16the department, in consultation with the advisory committee,
17shall do all of the following:

18(1) Develop the expenditure and performance measure. In
19developing the expenditure and performance measure, the
20department and the advisory committee shall:

21(i) Consult with school district superintendents,
22charter school entity administrators, area vocational-
23technical school chief administrative officers and
24curriculum directors representing school districts,
25charter school entities and area vocational-technical
26schools.

27(ii) Use data submitted by each public school entity
28on its most recent annual financial report and relevant
29academic performance data as determined by the department
30in consultation with the advisory committee.

1(iii) Not require public school entities to report
2any additional data.

3(2) Include on the Internet database, as the fourth
4phase of SchoolWATCH, the expenditure and performance measure
5for each public school entity, which the department shall
6update annually.

7Section 157. Administration.

8(a) Public school entity requirements.--

9(1) Upon the implementation of the SchoolWATCH Internet
10website required to be developed pursuant to this subarticle,
11each public school entity shall:

12(i) Provide the department with all information
13regarding Federal, State, local and private funding
14received and all funding actions or expenditures as
15required under this act and at such times, which shall be
16at least quarterly, as directed by the department in
17consultation with the advisory committee.

18(ii) Provide the department with complement and
19employment compensation information as required under
20this subarticle and at such times, which shall be at
21least quarterly, as directed by the department in
22consultation with the advisory committee.

23(iii) Provide the department with copies of all
24union contracts as required under this subarticle and at
25such times, which shall be at least quarterly, as
26directed by the department in consultation with the
27advisory committee.

28(2) Notwithstanding paragraph (1), a public school
29entity shall not be required to provide the department with
30information required to be posted on SchoolWATCH where the

1department is able to obtain such information from other
2sources, including from other reports by public school
3entities.

4(b) Accuracy.--Each public school entity is responsible for
5verifying the accuracy and completeness of information submitted
6to the department.

7(c) Format.--Each public school entity shall compile,
8maintain and report the information required to be posted under
9sections 154, 155(b) and 156 in a manner and on a reporting
10schedule prescribed by the department, in consultation with the
11advisory committee.

12(d) Additional information.--

13(1) A public school entity shall not be required to
14provide any additional information that is not specifically
15required or permitted under this subarticle.

16(2) No public school entity shall be required to provide
17additional information beyond the information required to be
18provided by any other public school entity.

19(e) Penalty.--The following shall apply:

20(1) When a school district fails to comply with the
21provisions of this subarticle, the secretary shall withhold
22State appropriations due the school district pursuant to
23section 2552 until the secretary determines that the school
24district is in compliance with the provisions of this
25subarticle. When the secretary determines that the school
26district is in compliance with the provisions of this
27subarticle, the secretary shall make payment to the school
28district of the funds withheld pursuant to this paragraph.
29The department shall provide 30 days' notice to the school 
30district prior to the withholding. If the school district
 

1becomes compliant during the 30-day period, no funds shall be 
2withheld.

3(2) When a charter school entity fails to comply with
4this subarticle, the secretary shall direct the school
5district of residence of each student enrolled in the charter
6school entity to transfer any payments required under section
71725-A(a) to the department to be held in escrow until the
8secretary determines that the charter school entity is in
9compliance with this subarticle. Where, pursuant to section
101725-A(a)(5), the secretary deducts payments required under
11section 1725-A(a) from State payments made to the school
12district, the department shall hold such deducted amounts in
13escrow until the secretary determines that the charter school
14entity is in compliance with the provisions of this
15subarticle. When the secretary determines that the charter
16school entity is in compliance with the provisions of this
17subarticle, the secretary shall order the department to make
18payment of the funds held in escrow to the charter school
19entity. The department shall provide 30 days' notice to the 
20charter school entity prior to directing a school district of 
21residence to transfer required payments to the department or 
22holding deducted amounts in escrow under this paragraph. If 
23the charter school entity becomes compliant during the 30-day 
24period, no funds shall be transferred to the department or 
25held in escrow.

26(3) When an area vocational-technical school fails to
27comply with the provisions of this subarticle, the secretary
28shall direct the school districts participating in the
29vocational-technical school pursuant to section 1850.1 to
30transfer any payments required under Article XVIII to the

1department to be held in escrow until the secretary
2determines that the area vocational-technical school is in
3compliance with the provisions of this subarticle. When the
4secretary determines that the area vocational-technical
5school is in compliance with the provisions of this
6subarticle, the secretary shall order the department to make
7payment of the funds held in escrow to the area vocational-
8technical school. The department shall provide 30 days' 
9notice to the area vocational-technical school prior to 
10directing a school district to transfer required payments to 
11the department or holding funds in escrow under this 
12paragraph. If the area vocational-technical school becomes 
13compliant during the 30-day period, no funds shall be 
14transferred to the department or held in escrow.

15(4) All decisions by the secretary under this subsection
16shall be appealable to the court of common pleas of the
17county in which the public school entity is located. No funds
18shall be withheld, transferred to the department or held in
19escrow under paragraph (1), (2) or (3) until all appeals are
20exhausted.

21Section 158. Report to Governor and General Assembly.

22The department shall prepare an annual report containing
23statistical information on the usage and performance of the
24Internet website. The report shall describe frequency of user
25access of the Internet website, types of data being accessed and
26Internet website performance. The report shall be submitted to
27the Governor, the chairman and minority chairman of the
28Appropriations Committee of the Senate, the chairman and
29minority chairman of the Appropriations Committee of the House
30of Representatives, the chairman and minority chairman of the

1Education Committee of the Senate and the chairman and minority
2chairman of the Education Committee of the House of
3Representatives within two years of the date on which the
4Internet website has been implemented, and by March 30 of each
5year thereafter.

6Section 3. Section 731 of the act, amended June 27, 1973
7(P.L.75, No.34) and June 30, 2011 (P.L.112, No.24), is amended
8to read:

9Section 731. Approval by Department of Plans, etc., of
10Buildings; Exceptions.--(a) The Department of Education, with
11respect to construction or reconstruction of public school
12buildings, shall have the power and its duties shall be:

13(1) To review all projects, plans and specifications for
14school building construction or reconstruction, and to make
15recommendations thereon to the General Assembly and the
16Governor: Provided, however, That approval of the Department of 
17Education shall not be required for projects, plans and 
18specifications for school construction projects for which 
19reimbursement from the Commonwealth is not requested;

20(2) To assist school districts in preplanning construction
21and reconstruction projects, and offer such architectural,
22engineering and financial advice as will enable the project to
23comply with the standards prescribed by the State Board of
24Education;

25(3) To hold hearings on any or all projects and subpoena
26witnesses, administer oaths, take testimony and compel the
27production of documents relevant to any investigation;

28(4) To act as liaison between the public, local school
29officials, the General Assembly, and the Governor on school
30building construction and reconstruction projects;

1(5) To receive and investigate complaints from the public or
2other source concerning any school building construction or
3reconstruction project;

4(6) To conduct investigations on any phase of school
5building construction or reconstruction projects.

6(7) To provide for an electronic database on its publicly
7accessible Internet website for the purpose of providing public
8access to information on public school construction and
9reconstruction projects, building purchases and charter school
10lease reimbursements submitted for the approval of, or approved
11by, the Department of Education. The electronic database shall
12indicate the date each application for reimbursement was
13submitted to the Department of Education and the date of
14approval for each step of the reimbursement process as outlined
15in section 731.2 of this act. The Department of Education shall
16establish the database no later than six (6) months after the
17effective date of this clause.

18(b) The Department of Education shall employ engineers,
19architects, financial advisors, and such other staff personnel
20as may be necessary for the proper performance of the duties of
21the Department with respect to construction or reconstruction of
22public school buildings.

23(c) No public school building shall be contracted for,
24constructed, or reconstructed, in any school district of the
25second, third, or fourth class until the plans and
26specifications therefor have been approved by the Department of
27Education[.

28When ordinary repairs are proposed, such as plastering,
29painting, replacement of floors, improvement of school grounds,
30repairing or providing walks, roadways or retaining walls, the

1cost of which in districts of the second class or in districts
2of the third and fourth class will not exceed fifteen thousand
3dollars ($15,000) per building, no approval shall be required.
4Where any structural change is involved, such as moving or
5adding doors, windows, partitions, making additions or any
6excavations, or any work which may affect the safety or health
7of the pupils, or any work which comes under the jurisdiction of
8another department of the Commonwealth, approval of the
9Department of Education shall be required regardless of the cost
10of such structural change.]: Provided, however, That approval of 
11the Department of Education shall not be required for projects, 
12plans and specifications for school construction projects for 
13which reimbursement from the Commonwealth is not requested.

14(d) No school building shall be purchased by any school
15district until such purchase shall have been approved by the
16Department of Education. Such approval shall not be given unless
17the school building to be purchased and any approved structural
18changes or renovations meet the standards required to operate
19public school buildings of a similar age currently in use in the
20Commonwealth.

21Section 4. The act is amended by adding a section to read:

22Section 731.2. Accountability and Reducing Costs in
23Construction Process.--(a) No later than July 1, 2016, the
24department shall develop and implement a process, including
25standardized forms and procedures, which shall be used by school
26districts to apply for Commonwealth reimbursement for school
27construction and reconstruction projects and which shall be
28known as the Accountability and Reducing Costs in Construction
29Process. In developing the Accountability and Reducing Costs in
30Construction Process, the department shall separate the process

1into five (5) benchmark steps of department approval which shall
2be labeled one (1) through five (5) and shall minimally include
3the following:

4(1) Step 1 shall consist of the following:

5(i) project description;

6(ii) project justification; and

7(iii) a technical schematic design review conference with
8the department.

9(2) Step 2 shall consist of the following:

10(i) site acquisition, if applicable to the project;

11(ii) project accounting based on cost estimates; and

12(iii) a conference with the department to review completed
13construction documents, including bid specifications, drawings
14for the project and documentation regarding the fulfillment of
15State and local agency requirements.

16(3) Step 3 shall consist of the following:

17(i) project accounting based on costs for actual
18construction bids for which contracts shall be awarded; and

19(ii) project financing, including financing method and the
20calculation of the temporary reimbursable percent for the
21project. In calculating the temporary reimbursable percent, the
22department shall factor in a five (5) percentage point reduction
23which shall be utilized until the calculation of the permanent
24reimbursable percent is completed in Step 4.

25Approval through Step 3 shall initiate project reimbursement
26from the Commonwealth.

27(4) Step 4 shall consist of the following:

28(i) interim reporting of project modifications, including
29the reporting of change orders and supplemental contracts; and

30(ii) project accounting based on the final costs of a

1project after completion of the following:

2(A) construction of the project; and

3(B) payment for all construction or reconstruction work,
4unless the department has granted an exception.

5The calculation of the permanent reimbursable percent for a
6project shall take place during Step 4.

7(5) Step 5 shall consist of project refinancing, where
8applicable, to allow for the restructuring, refinancing or
9refunding of existing indebtedness.

10(b) (1) Except as provided for in paragraph (2), school
11districts shall be reimbursed by the department in the order in
12which their projects received approval for Commonwealth
13reimbursement by the department.

14(2) The Secretary of Education may prioritize the
15reimbursement of a school construction or reconstruction project
16of a school district declared to be in financial recovery status
17under Article VI-A of this act. Projects that are given priority
18under this paragraph shall be reimbursed before all other
19projects.

20(c) (1) School districts shall develop a complete
21districtwide facility study of all district educational
22facilities, including the district administrative offices. The
23study shall be completed prior to, and within five (5) years of,
24the initial date of submission to the department of an
25application for Commonwealth reimbursement of a school
26construction or reconstruction project.

27(2) The study shall provide an appraisal as to each
28facility's ability to meet current and planned education program
29requirements, the degree to which the present facilities meet
30reasonably current construction standards, and an estimated cost

1of necessary repairs and improvements.

2(3) The study shall be submitted to the department along
3with an initial application for Commonwealth reimbursement of a
4school construction or reconstruction project.

5(4) The department shall not grant to school districts any
6exceptions, waivers or variances to the provisions of this
7subsection.

8(d) (1) In order to receive Commonwealth reimbursement for
9the construction of a new building, a school district shall,
10within Step 1 of the Accountability and Reducing Costs in
11Construction Process provided for in subsection (a), complete
12and submit to the department a cost-benefit analysis of the
13project that compares the construction of the proposed new
14building to the expansion or renovation of an existing building
15for the same purpose.

16(2) If the cost of a new building exceeds that of the
17expansion or renovation of an existing building for the same
18purpose, the school district shall only be eligible for
19Commonwealth reimbursement for the new building if substantial
20evidence is presented which demonstrates the necessity of a new
21building and how a new building would better meet the needs of
22the school district and its students than a building expansion
23or renovation.

24(3) A determination by the department that insufficient
25evidence was provided to demonstrate the necessity of a new
26building rather than a building expansion or renovation shall be
27appealable by a school district under 2 Pa.C.S. (relating to
28administrative law and procedure).

29(4) The department shall not grant to school districts any
30exceptions, waivers or variances to the provisions of this

1subsection.

2(e) (1) School districts shall not be eligible for
3Commonwealth reimbursement of school construction or
4reconstruction project costs for any existing building which is
5less than thirty (30) years old or for which a Commonwealth
6reimbursable project has been approved by the department within
7the preceding thirty (30) years. The thirty (30) year period
8between eligible Commonwealth reimbursable projects for a school
9building shall be calculated from the bid opening date of the
10previous Commonwealth reimbursable project to the bid opening
11date of the proposed Commonwealth reimbursable project.

12(2) The department shall not grant to school districts any
13exceptions, waivers or variances to the provisions of this
14subsection except in the case of an emergency. For the purposes
15of this paragraph, an emergency shall include a natural
16disaster, fire, flood, mold contamination or an extraordinary
17and unanticipated increase in student enrollment.

18(f) (1) School districts shall not be eligible for
19Commonwealth reimbursement of school construction or
20reconstruction project costs for any existing building where the
21cost of expansion or renovation of the building, excluding costs
22for building purchase, movable fixtures and equipment, asbestos
23abatement, roof replacement, site development and architect
24fees, is less than forty (40) percent of the replacement value
25of the entire building.

26(2) The provisions of this subsection shall not apply to
27area vocational-technical school construction or reconstruction
28projects.

29(3) The department shall not grant to school districts any
30exceptions, waivers or variances to the provisions of this

1subsection.

2(g) The department shall, where possible and appropriate,
3automate the Accountability and Reducing Costs in Construction
4Process to allow school districts to submit plans and documents
5relating to reimbursement for a school construction or
6reconstruction project electronically.

7(h) A school district shall not be required to submit any
8school construction or reconstruction project plans, drawings,
9bid specifications or other documents to the department on
10microfilm as a condition of receiving Commonwealth reimbursement
11for a construction or reconstruction project.

12(i) A school district shall not be required to resubmit to
13the department any completed plans, drawings, bid specifications
14or other documents for a school construction or reconstruction
15project for which the department received a completed initial
16application by October 1, 2012, due to the implementation of
17this section.

18(j) Subsections (c), (d), (e) and (f) shall not apply to any
19school construction or reconstruction project for which a
20completed initial school construction or reconstruction project
21application was submitted to the department by October 1, 2012.

22(k) No later than twelve (12) months after the effective
23date of this section, the department shall develop such rules
24and guidelines as may be necessary to implement this section:
25Provided, however, That the department shall not create steps of
26approval in addition to those provided for under subsection (a)
27and shall not require more than one school board resolution at
28each step.

29(l) For the purposes of this section, the term "department"
30shall mean the Department of Education of the Commonwealth.

1Section 5. Section 732.1(b) of the act, amended July 9, 2013
2(P.L.408, No.59), is amended and the section is amended by
3adding a subsection to read:

4Section 732.1. Limitation on New Applications for Department
5of Education Approval of Public School Building Projects.--* * *

6(b) (1) The Department of Education shall, in consultation
7with school district officials and the General Assembly, conduct
8a review of the Department of Education's current process
9through which public school building projects are reviewed and
10approved for Commonwealth reimbursement. The review shall
11incorporate an analysis of impacting local factors, including,
12but not limited to, tax effort and building requirements, and
13shall make recommendations to the chair and minority chair of
14the Appropriations Committee of the Senate, the chair and
15minority chair of the Education Committee of the Senate, the
16chair and minority chair of the Appropriations Committee of the
17House of Representatives and the chair and minority chair of the
18Education Committee of the House of Representatives by May 1,
192013. The Department of Education shall also conduct a Statewide
20analysis of school facilities and future capital needs and shall
21submit a preliminary report on that analysis by May 1, 2014.

22(2) The Statewide analysis shall be completed and submitted
23to the chairman and minority chairman of the Appropriations
24Committee of the Senate, the chairman and minority chairman of
25the Education Committee of the Senate, the chairman and minority
26chairman of the Appropriations Committee of the House of
27Representatives and the chairman and minority chairman of the
28Education Committee of the House of Representatives no later
29than May 1, 2016.

30(c) (1) Any school district that began a school

1construction or reconstruction project during the time in which
2the Department of Education was not accepting or approving new
3school construction and reconstruction project applications for
4reimbursement pursuant to subsection (a) shall remain eligible
5and may apply for Commonwealth reimbursement for those school
6construction or reconstruction projects following the expiration
7of the limitation provided for under subsection (a).

8(2) No later than twelve (12) months after the effective
9date of this section the department shall develop such rules and
10guidelines as may be necessary to implement this subsection.

<-11Section 5.1. Section 1302-A(b) of the act is amended by
12adding a paragraph to read:

13Section 1302-A. Office for Safe Schools.--* * *

14(b) The office shall have the power and duty to implement 
15the following:

16* * *

17(10) To develop, subject to funding appropriated by the 
18General Assembly for this purpose, telephone hotlines and 
19Internet notification systems ensuring anonymity to be used by 
20students, parents, teachers, school employes and members of the 
21community to report potential or actual violence or possession 
22of weapons on school property. In complying with this paragraph 
23the office may contract with any State agency or intermediate 
24unit for the provision of services.

25* * *

26Section 6. The act is amended by adding a section to read:

27Section 1505. Payments or Reimbursements Relating to
28Secretary Declaration of Weather Emergency Provisions.--(a)
29Beginning in the 2014-2015 school year and in each school year
30thereafter, the Secretary of Education may, at his discretion,

1issue a weather emergency declaration on a school district,
2county or Statewide basis under which a school entity may
3satisfy the one hundred eighty (180) instructional day per
4school year requirement in section 1501 of this act by one or
5more of the following options:

6(1) Approving, by majority vote of the governing board of
7the school entity, a school year with a minimum of nine hundred
8(900) hours of instruction at the elementary level and nine
9hundred ninety (990) hours of instruction at the secondary level
10in lieu of one hundred eighty (180) instructional days.

11(2) Approving, by majority vote of the governing board of
12the school entity, the scheduling of additional instructional
13days on Saturdays to complete one hundred eighty (180)
14instructional days or nine hundred (900) hours of instruction at
15the elementary level and nine hundred ninety (990) hours of
16instruction at the secondary level: Provided, however, that a
17school entity shall not schedule more than one Saturday per
18month as an instructional day and shall not schedule tests or
19other examinations on a Saturday. Where a school entity chooses
20to schedule an instructional day on Saturday under the
21provisions of this paragraph, the following shall apply:

22(i) The school entity may schedule a regular instructional
23day on the following Monday.

24(ii) The school entity shall, upon the written request of a
25parent or guardian, excuse a student from school attendance if
26the student has the opportunity to receive a program of advanced
27instruction, to participate in academic or skills competition or
28to engage in leadership development activities. The request
29shall identify and describe the instruction, competition or
30leadership development activities and the dates and hours for

1which the absence is requested. The parent or guardian shall,
2following each such absence, furnish in writing to the school
3entity a statement attesting to the student's participation,
4including the dates and hours of such participation.

5(iii) The school entity shall, upon the written notification
6of a parent or guardian, excuse a student from school attendance
7to observe or participate in a religious activity or function. A
8student's absence from school pursuant to this subparagraph
9shall be considered an instructional day and shall not be
10recorded as an absence on the student's attendance record or on
11the record of any group or class of which the student is a
12member. There shall be no penalty attached for any such absences
13pursuant to this subparagraph.

14(b) A school entity shall notify the department, on a form
15to be developed by the department, of any decision to use the
16options provided for under subsection (a) to satisfy the one
17hundred eighty (180) instructional day per school year
18requirement.

19(c) No school entity shall receive less subsidy payments or
20reimbursements than it would otherwise be entitled to receive by
21the decision to use the options provided under subsection (a).

22(d) As used in this section, the following words and phrases
23shall have the meanings given to them in this subsection unless
24the context clearly indicates otherwise:

25"Department" shall mean the Department of Education of the
26Commonwealth.

27"School entity" shall mean a school district, area
28vocational-technical school, intermediate unit, charter school,
29regional charter school or cyber charter school.

30Section 7. Section 2501 of the act is amended by adding a

1definition to read:

2Section 2501. Definitions.--For the purposes of this article
3the following terms shall have the following meanings:

4* * *

5(31) "Department." The Department of Education of the
6Commonwealth.

7Section 8. Section 2574(b.1), (c.4) and (c.6) of the act,
8amended or added July 13, 2005 (P.L.226, No.46) and July 11,
92006 (P.L.1092, No.114), are amended to read:

10Section 2574. Approved Reimbursable Rental for Leases
11Hereafter Approved and Approved Reimbursable Sinking Fund
12Charges on Indebtedness.--* * *

13[(b.1) For school buildings constructed and based on an
14approved school facility design received from the Department of
15Education's school facility design clearinghouse, for which the
16general construction contract is awarded subsequent to January
171, 2005, and for approved school building projects for which the
18general construction contract was awarded but for which a lease
19or general obligation bond resolution was not approved by the
20Department of Education prior to January 1, 2005, the approved
21building construction cost shall additionally include the
22product of the rated pupil capacity as determined by the
23Department of Education at the time the project is approved and
24(i) four hundred seventy dollars ($470) in the case of
25elementary schools, (ii) six hundred twenty dollars ($620) in
26the case of secondary schools, (iii) an amount in the case of
27combined elementary-secondary schools obtained by multiplying
28the rated elementary pupil capacity by four hundred seventy
29dollars ($470) and the rated secondary pupil capacity by six
30hundred twenty dollars ($620) and dividing the sum by the total

1rated pupil capacity.]

2* * *

3[(c.4) For school buildings for which the general
4construction contract is awarded on or after January 1, 2005,
5and for approved school building projects for which the general
6construction contract was awarded but for which a lease or
7general obligation bond resolution was not approved by the
8Department of Education prior to January 1, 2005, and where the
9school building receives a silver, gold or platinum
10certification from the United States Green Building Council's
11Leadership in Energy and Environmental Design Green Building
12Rating System or two, three or four Globes under the Green
13Building Initiative's Green Globes Green Building Rating System
14on or after January 1, 2005, the Department of Education shall
15adjust the approved building construction cost to additionally
16include the product of the rated pupil capacity as determined by
17the Department of Education at the time the project is approved
18and (i) four hundred seventy dollars ($470) in the case of
19elementary schools, (ii) six hundred twenty dollars ($620) in
20the case of secondary schools, (iii) an amount in the case of
21combined elementary-secondary schools obtained by multiplying
22the rated elementary pupil capacity by four hundred seventy
23dollars ($470) and the rated secondary pupil capacity by six
24hundred twenty dollars ($620) and dividing the sum by the total
25rated pupil capacity. The Department of Education in
26consultation with the Governor's Green Government Council shall
27issue guidelines to carry out this section.]

28* * *

29[(c.6) If a school district receives reimbursement for a
30school construction project under this section, the school

1district, upon request by the Department of Education, shall do
2all of the following:

3(i) Provide information required by the department to
4determine whether the school construction project meets criteria
5established by the department for certification as an approved
6school facility design for purposes of the department's school
7facility design clearinghouse.

8(ii) Authorize the department, in its discretion, to certify
9the school construction project as an approved school facility
10design and to include information about the certified project in
11the department's school facility design clearinghouse.]

12* * *

13Section 9. Section 2575(a) of the act, amended July 12, 1968
14(P.L.192, No.96), is amended and the section is amended by
15adding a subsection to read:

16Section 2575. Payments on Account of Leases Hereafter
17Approved and on Account of Sinking Fund Charges on Indebtedness
18for School Buildings Hereafter Constructed.--(a) (1) The
19Commonwealth shall pay annually to each school district erecting
20or sharing in the erection of a building or buildings under the
21provisions of the Public School Building Authority Act, the
22Municipality Authority Act, section 758 [of the Public School
23Code of 1949,] or section 791 of [the Public School Code of
241949,] this act on account of buildings for which the lease is
25approved on or after March 22, 1956, or through the incurring of
26indebtedness by the issuance of general obligation bonds on
27account of buildings for which the general construction contract
28is awarded on or after March 22, 1956, an amount to be
29determined by multiplying the district's capital account
30reimbursement fraction computed for the year 1967 or aid ratio

1whichever is larger by the approved reimbursable rental or
2approved reimbursable sinking fund charge.

3(2) The provisions of this subsection shall only apply to
4school construction or reconstruction projects for which a
5completed initial school construction or reconstruction project
6application was submitted to the Department of Education by
7October 1, 2012.

8(a.1) (1) The Commonwealth shall pay annually to each
9school district erecting or sharing in the erection of a
10building or buildings under the provisions of the Public School
11Building Authority Act, the Municipality Authority Act or
12section 758 or 791 of this act, on account of buildings for
13which the lease is approved on or after October 1, 2012, or
14through the incurring of indebtedness by the issuance of general
15obligation bonds on account of buildings for which the general
16construction contract is awarded on or after October 1, 2012, an
17amount to be determined by multiplying the district's aid ratio
18by the approved reimbursable rental or approved reimbursable
19sinking fund charge.

20(2) The provisions of this subsection shall only apply to
21school construction or reconstruction projects for which a
22completed initial school construction or reconstruction project
23application was submitted to the Department of Education after
24October 1, 2012.

25* * *

26Section 10. Section 2575.1 of the act, amended July 9, 1992
27(P.L.392, No.85), is amended to read:

28Section 2575.1. Payments on Account of Building Costs.--(a)
29(1) The Commonwealth shall pay to any school district making a
30preliminary payment on account of the approved building

1construction or approved renovation cost as authorized by
2section 783 or by clause (4) of section 790 or by clause (5) of
3section 791 of this act, an amount determined by multiplying the
4district's capital account reimbursement fraction computed for
5the year 1967 or aid ratio whichever is larger by the amount of
6the payment made by the school district.

7(2) The provisions of this subsection shall only apply to
8school construction or reconstruction projects for which a
9completed initial school construction or reconstruction project
10application was submitted to the Department of Education by
11October 1, 2012.

12(a.1) (1) The Commonwealth shall pay to any school district
13making a preliminary payment on account of the approved building
14construction or approved renovation cost as authorized by
15section 783 or by clause (4) of section 790 or by clause (5) of
16section 791 of this act, an amount determined by multiplying the
17district's aid ratio by the amount of the payment made by the
18school district.

19(2) The provisions of this subsection shall only apply to
20school construction or reconstruction projects for which a
21completed initial school construction or reconstruction project
22application was submitted to the Department of Education after
23October 1, 2012.

24(b) (1) Whenever any school district provides the full
25payment on account of approved building construction or approved
26renovation cost without incurring debt, or without assuming a
27lease, the Commonwealth shall pay to such school district an
28amount determined by multiplying the district's capital account
29reimbursement fraction computed for the year 1967 or aid ratio
30whichever is larger by the amount of the payment made by the

1school district.

2(2) The provisions of this subsection shall only apply to
3school construction or reconstruction projects for which a
4completed initial school construction or reconstruction project
5application was submitted to the Department of Education by
6October 1, 2012.

7(b.1) (1) Whenever any school district provides the full
8payment on account of approved building construction or approved
9renovation cost without incurring debt, or without assuming a
10lease, the Commonwealth shall pay to such school district an
11amount determined by multiplying the district's aid ratio by the
12amount of the payment made by the school district.

13(2) The provisions of this subsection shall only apply to
14school construction or reconstruction projects for which a
15completed initial school construction or reconstruction project
16application was submitted to the Department of Education after
17October 1, 2012.

18(c) The payment required by this section shall be made for
19the year in which the school district made its payment on
20account of the approved building construction or approved
21renovation cost.

22Section 11. The act is amended by adding a section to read:

23Section 2581. Lump Sum Reimbursement for Construction or
24Reconstruction.--(a) The department may, at any time, upon the
25availability of sufficient funds and the mutual agreement of the
26department and a school district, provide an immediate lump sum
27payment to the school district as full reimbursement for a
28construction or reconstruction project that has received all 
29required approvals from the department for Commonwealth 
30reimbursement. The lump sum payment provided for under this

1section shall be no greater than seventy-five percent (75%) of
2the total allowable construction or reconstruction reimbursement
3provided for under Article XXV of this act for which the school
4district is eligible: Provided, however, That such payments
5shall not include reimbursement for interest incurred by a
6school district. A school district that does not agree to a lump 
7sum payment under this section shall remain eligible for the 
8total allowable construction or reconstruction reimbursement 
9provided for under Article XXV of this act.

10(b) Each agreement for lump sum reimbursement under this
11section shall require the school district receiving a lump sum
12payment to relinquish any current claim to the total allowable
13construction or reconstruction reimbursement provided for under
14Article XXV of this act for which the school district is
15eligible in exchange for the immediate lump sum payment of a
16lesser amount.

17(c) The department shall make the opportunity for a lump sum
18payment available to school districts in the order in which each 
19school district construction or reconstruction project receives 
20approval for Commonwealth reimbursement by the department. A 
21school district that does not agree to a lump sum payment under 
22this section shall retain its place in the order in which the 
23department reimburses school districts.

24(d) No later than twelve (12) months after the effective
25date of this section, the department shall develop such rules
26and guidelines as may be necessary to implement this section.

27Section 12. For the 2014-2015 fiscal year and each fiscal
28year thereafter, the State Public School Building Authority
29shall assist all school districts with refinancing projects that
30are currently receiving State reimbursement for a portion of

1their school construction costs to make additional funds
2available through which to provide State reimbursement to
3projects that have not yet begun receiving State reimbursement.

4Section 13. This act shall take effect in 60 days.