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PRIOR PRINTER'S NO. 2324
PRINTER'S NO. 3723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1606
Session of
2015
INTRODUCED BY CHRISTIANA, STEPHENS, MALONEY, BARRAR, KAUFFMAN,
A. HARRIS, SAYLOR, GROVE, B. MILLER, TOPPER, BLOOM, KORTZ,
BARBIN, ROAE, DAVIS, VEREB AND ORTITAY, OCTOBER 8, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 13, 2016
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," IN PRELIMINARY PROVISIONS, PROVIDING
FOR DUTIES OF PUBLIC SCHOOL BUILDING CONSTRUCTION AND
RECONSTRUCTION ADVISORY COMMITTEE; IN SCHOOL DISTRICTS,
PROVIDING FOR DATA COLLECTION REDUCTION; IN DUTIES AND POWERS
OF BOARDS OF SCHOOL DIRECTORS, PROVIDING FOR PUBLICATION OF
RULES, REGULATIONS AND POLICIES; IN SCHOOL FINANCES,
PROVIDING FOR PAYROLL TAX; IN SCHOOL DISTRICT FINANCIAL
RECOVERY, PROVIDING FOR ADDITIONAL CRITERIA; providing for
the posting of annual financial information for public school
entities.; IN PROFESSIONAL EMPLOYEES, FURTHER PROVIDING FOR
PAYMENT OF SALARIES IN CASES OF SICKNESS, INJURY OR DEATH; IN
CERTIFICATION OF TEACHERS, PROVIDING FOR SUBSTITUTE TEACHING
PERMIT FOR PROSPECTIVE TEACHERS, FURTHER PROVIDING FOR
GRANTING PROVISIONAL COLLEGE CERTIFICATES, PROVIDING FOR
PROVISIONAL VOCATIONAL EDUCATION CERTIFICATE AND FURTHER
PROVIDING FOR PROGRAM OF CONTINUING PROFESSIONAL EDUCATION;
IN PUPILS AND ATTENDANCE, PROVIDING FOR ASSIGNMENT OF
STUDENTS TO SCHOOL DISTRICTS OF THE FIRST CLASS A AND FURTHER
PROVIDING FOR EXCEPTIONAL CHILDREN AND EDUCATION AND TRAINING
AND FOR COST OF TUITION AND MAINTENANCE OF CERTAIN
EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS; IN SCHOOL
HEALTH SERVICES, FURTHER PROVIDING FOR DEFINITIONS AND
PROVIDING FOR EDUCATION OF SCHOOL EMPLOYEES IN DIABETES CARE
AND MANAGEMENT, FOR DIABETES CARE IN SCHOOLS, FOR POSSESSION
AND USE OF DIABETES MEDICATION AND MONITORING EQUIPMENT, FOR
LIABILITY, FOR COORDINATING, SUPERVISING OR EDUCATING NOT
CONSIDERED DELEGATION AND FOR DIABETES CARE IN NONPUBLIC
SCHOOLS; PROVIDING FOR DRUG AND ALCOHOL RECOVERY HIGH SCHOOL
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PILOT PROGRAM; PROVIDING FOR ADMINISTRATIVE PARTNERSHIPS
BETWEEN SCHOOL ENTITIES AND FOR THE E-CHIEVEMENT PROGRAM; IN
HIGH SCHOOLS, FURTHER PROVIDING FOR COURSES OF STUDY; IN
CHARTER SCHOOLS, FURTHER PROVIDING FOR DEFINITIONS, FOR
SCHOOL STAFF AND FOR FUNDING FOR CHARTER SCHOOLS; IN
VOCATIONAL EDUCATION, FURTHER PROVIDING FOR VOCATIONAL
EDUCATION EQUIPMENT GRANTS; IN COMMUNITY COLLEGES, FURTHER
PROVIDING FOR ELECTION OR APPOINTMENT AND TERM AND
ORGANIZATION OF BOARD OF TRUSTEES AND FOR FINANCIAL PROGRAM
AND REIMBURSEMENT OF PAYMENTS; IN DISRUPTIVE STUDENT
PROGRAMS, FURTHER PROVIDING FOR APPLICATIONS AND ESTABLISHING
THE ALTERNATIVE EDUCATION PROGRAM ACCOUNT; IN PRIVATE
ALTERNATIVE EDUCATION INSTITUTIONS FOR DISRUPTIVE STUDENTS,
FURTHER PROVIDING FOR CONTRACTS WITH PRIVATE ALTERNATIVE
EDUCATION INSTITUTIONS; PROVIDING FOR RURAL REGIONAL COLLEGE
FOR UNDERSERVED COUNTIES AND FOR EDUCATIONAL TAX CREDITS; IN
FUNDING FOR PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR
FISCAL YEAR 2016-2017; IN REIMBURSEMENTS BY COMMONWEALTH AND
BETWEEN SCHOOL DISTRICTS, FURTHER PROVIDING FOR PAYMENTS TO
INTERMEDIATE UNITS, FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS, FOR EXTRAORDINARY SPECIAL EDUCATION PROGRAM
EXPENSES AND FOR ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO
BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL
WATCH STATUS AND PROVIDING FOR READY-TO-LEARN BLOCK GRANT AND
FOR PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC SCHOOL
EMPLOYEES' SOCIAL SECURITY; SAVING AN APPROPRIATION FROM
LAPSING; ALLOCATING AN APPROPRIATION; MAKING RELATED REPEALS;
AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN
AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING SECTIONS
TO READ:
SECTION 125. DUTIES OF PUBLIC SCHOOL BUILDING CONSTRUCTION
AND RECONSTRUCTION ADVISORY COMMITTEE.--(A) THE PUBLIC SCHOOL
BUILDING CONSTRUCTION AND RECONSTRUCTION ADVISORY COMMITTEE
ESTABLISHED UNDER SECTION 1708-E.2 OF THE ACT OF APRIL 9, 1929
(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, AS PART OF ITS
DUTIES SHALL REVIEW AND REPORT ON WHETHER THE COMMONWEALTH
SHOULD IMPLEMENT A COMPREHENSIVE PUBLIC SCHOOL BUILDING SAFETY
PROGRAM, WHICH MAY INCLUDE:
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(1) REGULAR SAFETY INSPECTIONS.
(2) BUILDING AND BUILDING COMPONENT INSPECTIONS.
(3) A SYSTEM OF RATING SCHOOL BUILDING SAFETY.
(4) PERIODIC SURVEYS OF THE INVENTORY AND CONDITION OF
SCHOOL BUILDINGS.
(5) ANY OTHER INFORMATION RELATED TO SCHOOL BUILDING SAFETY
IN AND OF THIS COMMONWEALTH'S PUBLIC SCHOOL BUILDINGS, AS THE
COMMITTEE DEEMS APPROPRIATE.
SECTION 221.2. DATA COLLECTION REDUCTION.--(A) THE STATE
BOARD, IN CONSULTATION WITH THE ADVISORY COMMITTEE, SHALL:
(1) REVIEW DATA COLLECTION REQUIREMENTS EXISTING AS OF THE
EFFECTIVE DATE OF THIS SECTION THAT ARE IMPOSED ON PUBLIC SCHOOL
ENTITIES IN THE AREAS OF FINANCE, HUMAN RESOURCES, FOOD
SERVICES, TRANSPORTATION, CHILD ACCOUNTING, ATHLETICS, HEALTH
AND SPECIAL EDUCATION. IN THE REVIEW, THE ADVISORY COMMITTEE
SHALL ALSO CONSIDER WHETHER THE DATA HAS A VALUABLE PURPOSE TO
INFORM POLICYMAKERS AND THE PUBLIC ABOUT THE OPERATION OF PUBLIC
SCHOOL ENTITIES.
(2) IDENTIFY THOSE DATA COLLECTION REQUIREMENTS THAT ARE
REDUNDANT, OVERLY BURDENSOME OR NO LONGER NECESSARY.
(3) WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, ISSUE A REPORT OF ITS FINDINGS AND
RECOMMENDATIONS BASED ON THE DATA COLLECTION REQUIREMENTS
IDENTIFIED UNDER PARAGRAPH (2) TO THE CHAIRMAN AND MINORITY
CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE AND THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE
HOUSE OF REPRESENTATIVES AND POST THE REPORT ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(B) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BY THE
CONCLUSION OF THE SCHOOL YEAR FOLLOWING THE ISSUANCE OF THE
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REPORT REQUIRED UNDER SUBSECTION (A)(3), THE DEPARTMENT SHALL
TERMINATE ALL DATA COLLECTION REQUIREMENTS IMPOSED ON PUBLIC
SCHOOL ENTITIES IDENTIFIED UNDER SUBSECTION (A)(2) THAT ARE NOT
REQUIRED BY STATUTE OR REGULATION.
(2) ONCE A DATA COLLECTION REQUIREMENT HAS BEEN TERMINATED
UNDER THIS SECTION, THE DEPARTMENT MAY NOT RESUME THE COLLECTION
OF ANY DATA SUBJECT TO THE TERMINATED DATA COLLECTION
REQUIREMENT.
(C) (1) WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, THE STATE BOARD SHALL ESTABLISH AN ADVISORY
COMMITTEE CONSISTING OF:
(I) THE SECRETARY OF EDUCATION OR A DESIGNEE.
(II) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION
COMMITTEE OF THE SENATE OR THEIR DESIGNEES.
(III) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THEIR DESIGNEES.
(IV) THE FOLLOWING MEMBERS, TO BE APPOINTED BY THE STATE
BOARD IN CONSULTATION WITH EDUCATION ASSOCIATIONS REPRESENTING
SCHOOL DISTRICTS, INTERMEDIATE UNITS, PUBLIC SCHOOL EMPLOYES,
CHARTER SCHOOL ENTITIES AND AREA VOCATIONAL-TECHNICAL SCHOOLS:
(A) TWO SCHOOL DISTRICT BUSINESS MANAGERS.
(B) TWO INTERMEDIATE UNIT BUSINESS MANAGERS.
(C) TWO CHARTER SCHOOL ENTITY BUSINESS MANAGERS.
(D) TWO AREA VOCATIONAL-TECHNICAL SCHOOL BUSINESS MANAGERS.
(E) ONE REPRESENTATIVE FROM A SCHOOL DISTRICT BOARD OF
SCHOOL DIRECTORS.
(F) ONE REPRESENTATIVE FROM AN INTERMEDIATE UNIT BOARD OF
DIRECTORS.
(G) ONE REPRESENTATIVE FROM A CHARTER SCHOOL ENTITY BOARD OF
TRUSTEES.
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(H) ONE REPRESENTATIVE FROM AN AREA VOCATIONAL-TECHNICAL
SCHOOL JOINT OPERATING COMMITTEE.
(I) ONE MEMBER OF A STATEWIDE ASSOCIATION REPRESENTING
PUBLIC SCHOOL ENTITY EMPLOYES THAT HAS A MEMBERSHIP ON THE
EFFECTIVE DATE OF THIS SECTION OF GREATER THAN 140,000 PUBLIC
SCHOOL ENTITY EMPLOYES.
(2) THE ADVISORY COMMITTEE SHALL HOLD ITS FIRST MEETING
WITHIN FORTY-FIVE (45) DAYS OF THE EFFECTIVE DATE OF THIS
SECTION.
(3) THE STATE BOARD SHALL PROVIDE ADMINISTRATIVE SUPPORT,
MEETING SPACE AND ANY OTHER ASSISTANCE REQUIRED BY THE ADVISORY
COMMITTEE TO CARRY OUT ITS DUTIES UNDER THIS SECTION.
(D) FOR ALL NEW PUBLIC SCHOOL ENTITY DATA COLLECTION
REQUIREMENTS INSTITUTED AFTER THE EFFECTIVE DATE OF THIS SECTION
THAT ARE NOT THE RESULT OF LEGISLATION ENACTED BY THE GENERAL
ASSEMBLY, THE DEPARTMENT SHALL PROVIDE THE FOLLOWING INFORMATION
TO ALL PUBLIC SCHOOL ENTITIES AND TO THE GENERAL ASSEMBLY SIXTY
(60) DAYS PRIOR TO THE FIRST DEADLINE FOR ANY NEW DATA
COLLECTION REQUIREMENT:
(1) A JUSTIFICATION FOR THE DATA COLLECTION, INCLUDING A
STATEMENT INDICATING WHY THE DATA COLLECTION IS NECESSARY FOR
THE PROPER PERFORMANCE OF THE DEPARTMENT'S FUNCTIONS;
(2) AN EXPLANATION OF HOW THE DEPARTMENT WILL USE THE DATA
COLLECTED;
(3) AN EXPLANATION OF HOW THE DEPARTMENT WILL SHARE THE DATA
WITH PUBLIC SCHOOL ENTITIES;
(4) A STATEMENT AFFIRMING THAT THE DATA COLLECTION WILL NOT
IMPOSE ANY UNJUSTIFIED COSTS ON PUBLIC SCHOOL ENTITIES OR
REQUIRE DUPLICATION OF EXISTING DATA COLLECTION REQUIREMENTS;
AND
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(E) ANY DATA COLLECTION REQUIREMENT IMPOSED BY THE FEDERAL
GOVERNMENT SHALL NOT BE SUBJECT TO THIS SECTION.
(F) FOR PURPOSES OF THIS SECTION:
(1) "ADVISORY COMMITTEE" SHALL MEAN THE ADVISORY COMMITTEE
ESTABLISHED UNDER SUBSECTION (C).
(2) "CHARTER SCHOOL ENTITY" SHALL MEAN A CHARTER SCHOOL,
REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL AS DEFINED IN
SECTION 1703-A.
(3) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF
THE COMMONWEALTH.
(4) "PUBLIC SCHOOL ENTITY" SHALL MEAN ANY OF THE FOLLOWING:
(I) AN AREA VOCATIONAL-TECHNICAL SCHOOL.
(II) A SCHOOL DISTRICT.
(III) A CHARTER SCHOOL ENTITY.
(IV) AN INTERMEDIATE UNIT.
(5) "STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION.
SECTION 510.2. PUBLICATION OF RULES, REGULATIONS AND
POLICIES.--THE BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT
SHALL POST ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE THE
FOLLOWING RULES, REGULATIONS AND POLICIES TO THE EXTENT THAT
THEY ARE REQUIRED TO BE ADOPTED BY THE SCHOOL DISTRICT UNDER
FEDERAL OR STATE LAW:
(1) THE FOLLOWING RELATING TO STUDENTS:
(I) ADMISSION OF BEGINNERS.
(II) ATTENDANCE, EXCUSALS AND TRUANCY.
(III) WITHDRAWAL FROM SCHOOL.
(IV) STUDENT DISCIPLINE.
(V) SUSPENSION AND EXPULSION OF STUDENTS.
(VI) SEARCHES.
(VII) AUDIO INTERCEPTION ON SCHOOL BUSES OR SCHOOL VEHICLES
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FOR DISCIPLINARY OR SECURITY PERSONS.
(VIII) RETENTION, MAINTENANCE AND ACCESS TO STUDENT RECORDS.
(IX) USE OF PERSONAL ELECTRONIC DEVICES.
(X) DRESS AND GROOMING.
(XI) STUDENT COMPLAINT PROCESS.
(XII) PARENT APPEAL OF A SCHOOL DISTRICT'S PLACEMENT OF
TWINS OR MULTIPLE BIRTH SIBLINGS.
(XIII) PARTICIPATION BY HOME SCHOOL STUDENTS IN SCHOOL
DISTRICT EXTRACURRICULAR ACTIVITIES.
(2) THE FOLLOWING RELATING TO EDUCATIONAL PROGRAMS:
(I) CURRICULUM REVIEW BY PARENTS AND STUDENTS.
(II) PROMOTION AND RETENTION.
(III) GRADUATION REQUIREMENTS.
(3) THE FOLLOWING RELATING TO STUDENT HEALTH:
(I) COMMUNICABLE DISEASES AND IMMUNIZATION.
(II) HEALTH EXAMINATIONS AND SCREENINGS.
(III) STUDENT USE OF MEDICATIONS.
(IV) THE SCHOOL DISTRICT'S WELLNESS POLICY.
(4) THE FOLLOWING RELATING TO SCHOOL PROPERTY:
(I) USE OF SCHOOL PROPERTY AND FACILITIES.
(II) SCHOOL VISITATION POLICIES.
(III) INTEGRATED PEST MANAGEMENT PLAN.
(5) THE FOLLOWING RELATING TO COMMUNITY:
(I) PUBLIC PARTICIPATION IN SCHOOL BOARD MEETINGS.
(II) PUBLIC ATTENDANCE AT SCHOOL EVENTS.
(III) PARENTAL INVOLVEMENT POLICY FOR PARENTS AND GUARDIANS
OF STUDENTS PARTICIPATING PURSUANT TO SECTION 1118 OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (PUBLIC LAW 89-
10, 20 U.S.C ยง 6318).
(IV) PUBLIC ACCESS TO AND USE OF SCHOOL DISTRICT BUILDINGS,
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FACILITIES AND GROUNDS.
(V) PUBLIC COMPLAINT PROCESS.
SECTION 689. PAYROLL TAX.-- (A) A SCHOOL DISTRICT WITHIN
WHICH A FINANCIALLY DISTRESSED MUNICIPALITY IS LOCATED MAY LEVY
A PAYROLL TAX IN ACCORDANCE WITH SECTION 303 OF THE ACT OF
DECEMBER 31, 1965 (P.L.1257, NO.511), KNOWN AS "THE LOCAL TAX
ENABLING ACT," IF THE FOLLOWING APPLY:
(1) EACH FINANCIALLY DISTRESSED MUNICIPALITY WITHIN THE
SCHOOL DISTRICT LEVIES A PAYROLL TAX PURSUANT TO SECTION 123(C)
AND (D) OF THE ACT OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS
THE "MUNICIPALITIES FINANCIAL RECOVERY ACT."
(2) THE SCHOOL DISTRICT LEVIED A MERCANTILE OR BUSINESS
PRIVILEGE TAX ON A FLAT RATE OR MILLAGE BASIS IN THE YEAR THAT
THE FINANCIALLY DISTRESSED MUNICIPALITY FILED A PETITION TO LEVY
A PAYROLL TAX PURSUANT TO SECTION 123(C) OF THE "MUNICIPALITIES
FINANCIAL RECOVERY ACT."
(B) THE FOLLOWING SHALL APPLY:
(1) THE TAX AUTHORIZED UNDER SUBSECTION (A) MAY BE IMPOSED
AT A RATE NOT TO EXCEED A RATE SUFFICIENT TO PRODUCE REVENUES
EQUAL TO REVENUES COLLECTED FROM THE LEVY OF A MERCANTILE OR
BUSINESS PRIVILEGE TAX BY THE SCHOOL DISTRICT UNDER CHAPTER 3 OF
"THE LOCAL TAX ENABLING ACT" IN THE PRECEDING FISCAL YEAR.
EXCEPT AS PROVIDED UNDER CLAUSE (2), A SCHOOL DISTRICT MAY LEVY
A PAYROLL TAX IN ANY SUBSEQUENT YEAR AT A RATE NOT TO EXCEED THE
RATE INITIALLY AUTHORIZED UNDER THIS CLAUSE.
(2) IN THE EVENT THAT THE RATE IMPOSED UNDER CLAUSE (1)
FAILS TO PRODUCE THE REVENUES PROJECTED IN THE FIRST FULL YEAR
AFTER THE IMPOSITION OF A PAYROLL TAX, A SCHOOL DISTRICT MAY
AMEND THE RATE IMPOSED NOT TO EXCEED A RATE THAT IS SUFFICIENT
TO PRODUCE REVENUES EQUAL TO THE REVENUES COLLECTED AS A RESULT
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OF THE MERCANTILE OR BUSINESS PRIVILEGE TAX IN THE FINAL YEAR IT
WAS LEVIED. A SCHOOL DISTRICT MAY LEVY THE PAYROLL TAX IN ANY
SUBSEQUENT YEAR AT A RATE NOT TO EXCEED THE ADJUSTED RATE
AUTHORIZED UNDER THIS CLAUSE.
(C) AFTER IMPOSING A PAYROLL TAX UNDER THIS SECTION, THE
AUTHORITY OF A SCHOOL DISTRICT TO CONTINUE TO LEVY THE PAYROLL
TAX IS NOT CONTINGENT ON THE DISTRESSED STATUS OF, OR DECISION
TO LEVY A PAYROLL TAX BY, A MUNICIPALITY WITHIN THE SCHOOL
DISTRICT.
(D) A SCHOOL DISTRICT WHICH LEVIES A PAYROLL TAX UNDER THIS
SECTION MAY NOT THEREAFTER LEVY A MERCANTILE OR BUSINESS
PRIVILEGE TAX.
(E) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"FINANCIALLY DISTRESSED MUNICIPALITY." A FINANCIALLY
DISTRESSED MUNICIPALITY UNDER THE "MUNICIPALITIES FINANCIAL
RECOVERY ACT."
"SCHOOL DISTRICT." A SCHOOL DISTRICT COTERMINOUS WITH A HOME
RULE MUNICIPALITY THAT IS A CITY OF THE SECOND CLASS A.
SECTION 694-A. ADDITIONAL CRITERIA.
THE SECRETARY SHALL NOTIFY EACH SCHOOL DISTRICT THAT RECEIVES
EDUCATIONAL ACCESS PROGRAM FUNDING THAT IS EQUAL TO OR GREATER
THAN $2,000,000 IN ANY ONE FISCAL YEAR THAT THE SCHOOL DISTRICT
HAS BEEN IDENTIFIED FOR FINANCIAL WATCH STATUS. A SCHOOL
DISTRICT IDENTIFIED FOR FINANCIAL WATCH STATUS UNDER THIS
SUBSECTION SHALL RECEIVE TECHNICAL ASSISTANCE AS A FINANCIAL
WATCH DISTRICT FROM THE DEPARTMENT AS PROVIDED FOR IN SECTION
611-A(B) AND SHALL DEVELOP A PLAN TO IMPROVE THE SCHOOL
DISTRICT'S FINANCES BASED ON THE TECHNICAL ASSISTANCE PROVIDED
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BY THE DEPARTMENT FOR APPROVAL BY THE SECRETARY. THE PLAN SHALL
BE SUBMITTED TO THE SECRETARY NO LATER THAN 180 DAYS AFTER THE
SCHOOL DISTRICT HAS BEEN IDENTIFIED FOR FINANCIAL WATCH STATUS
UNDER THIS SUBSECTION. EACH YEAR AFTER THE INITIAL SUBMISSION OF
THE PLAN, UNTIL THE SECRETARY DETERMINES OTHERWISE, A SCHOOL
DISTRICT SUBJECT TO THIS SUBSECTION SHALL SUBMIT A REPORT TO THE
SECRETARY OUTLINING THE STATUS OF THE SCHOOL DISTRICT'S PLAN,
MEET WITH THE SECRETARY OR A DESIGNEE OF THE SECRETARY TO REVIEW
THE REPORT AND THE STATUS OF THE SCHOOL DISTRICT'S FINANCES AND
HOLD AN ANNUAL PUBLIC HEARING REGARDING THE PLAN. A COPY OF THE
SCHOOL DISTRICT'S APPROVED PLAN AND ANY SUBSEQUENT ANNUAL
REPORTS TO THE SECRETARY SHALL BE POSTED ON THE PUBLICLY
ACCESSIBLE INTERNET WEBSITE OF THE SCHOOL DISTRICT AND
TRANSMITTED TO THE CHAIR AND MINORITY CHAIR OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIR AND MINORITY
CHAIR OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, THE CHAIR AND MINORITY CHAIR OF THE EDUCATION
COMMITTEE OF THE SENATE AND THE CHAIR AND MINORITY CHAIR OF THE
EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
SECTION 2. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE VI-B
SCHOOL WATCH
Section 601-B. Scope.
This article relates to Public School Web Accountability and
Transparency (SchoolWATCH).
Section 602-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative staff." Employees of a public school entity
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that include, but are not limited to, superintendents, assistant
superintendents, deputy superintendents, principals, assistant
principals, supervisors, managers, directors and coordinators.
"Area vocational-technical school." As defined in section
1841.
"Average daily membership." As defined in section 2501.
"Charter school." As defined in section 1703-A.
"Charter school entity." A charter school, cyber charter
school or regional charter school as defined in section 1703-A.
"Cyber charter school." As defined in section 1703-A.
"Department." The Department of Education of the
Commonwealth.
"Expenditures." As defined in section 602-A.
"Facilities acquisition and construction expenditures."
Expenditures related to the purchase or improvement of land,
buildings, service systems and built-in equipment.
"General fund balance." The balance in a public school
entity's general fund, which shall not include nonspendable and
restricted fund balances.
"Instructional expenditures." Expenditures related to all
those activities dealing directly with the interaction between
teachers and students and related costs, which can be directly
attributed to a program of instruction.
"Market value/personal income aid ratio." A school
district's combined market value and personal income wealth per
pupil relative to the State average.
(1) For an area vocational-technical school, this amount
shall be calculated based on the sum of market value and
personal income wealth data for each of the area vocational-
technical school's component school districts.
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(2) For a charter school or regional charter school,
this amount shall be calculated based on the sum of market
value and personal income wealth data for each school
district that granted a charter to the charter school or
regional charter school under section 1717-A or 1718-A.
(3) For a cyber charter school, this amount shall be
calculated based on the sum of market value and personal
income wealth data for the school district in which the cyber
charter school's administrative offices are located.
"Noninstructional expenditures." Expenditures related to
activities concerned with providing noninstructional services to
students, staff or the community.
"Other financing uses." Current debt service expenditures
and other expenses such as the refunding of debt and transfers
of money from one fund to another.
"Public school entity." Any of the following:
(1) An area vocational-technical school.
(2) A school district.
(3) A charter school entity.
"Regional charter school." As defined in section 1703-A.
"School district." As defined in section 102.
"School performance profile." A comprehensive overview of
student academic performance in a public school entity compiled
annually by the department.
"Support services expenditures." Expenditures related to
those services that provide administrative support, technical
support, including, but not limited to, guidance and health, and
logistical support to facilitate and enhance instruction.
Section 603-B. Financial information to be posted.
(a) Information.--Within 90 days of the effective date of
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this section and by May 31 of each year thereafter, the
department shall post all of the following for each public
school entity on its publicly accessible Internet website, to
the extent the information is available to the department:
(1) The following financial information for the public
school entity for the most recent fiscal year for which the
public school entity reported such information to the
department:
(i) Total expenditures in the following categories:
(A) Instructional.
(B) Support services.
(C) Noninstructional.
(D) Facilities acquisition and construction.
(E) Other financing uses.
(ii) The public school entity's per-student
expenditures, on each of the following bases:
(A) Based on the public school entity's
instructional expenditures.
(B) Based on the public school entity's total
expenditures.
(iii) The public school entity's per-student charter
school tuition rates in each of the following categories:
(A) For regular education students.
(B) For special education students.
(iv) The public school entity's average daily
membership.
(v) The public school entity's market value/personal
income aid ratio.
(vi) The average teacher salary in the public school
entity.
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(vii) Total revenues from the following sources:
(A) Federal.
(B) State.
(C) Local.
(D) Other.
(viii) The public school entity's general fund
balance.
(2) A link to the most recent of each of the following
reports filed by the public school entity with the
department:
(i) Summaries of financial report data.
(ii) Nonadministrative staff compensation report.
(iii) Administrative staff compensation report.
(3) A link to the public school entity's publicly
accessible Internet website, where available.
(4) A statement instructing the public to contact the
public school entity for access to any union contract.
(b) Posting.--In posting financial information as required
under this section, the department shall:
(1) Post and compile annually all information as a "View
Fiscal Information" icon located on a School Performance
Profile for each public school entity.
(2) Post all information in a location and manner that
is easily accessible to the public.
(3) Include all definitions and other explanatory
references that may be necessary to assist Internet website
users in understanding the posted information.
(4) Use existing databases and electronic reporting
systems to the extent possible.
(5) Provide for an electronic feature that will allow
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the public to compare financial information for a minimum of
four public school entities.
(6) Beginning with information pertaining to the 2012-
2013 fiscal year, post the information required under
subsection (a)(1) for at least the most recent three fiscal
years for which such information is available to the
department, including a trend graph displaying the change in
the amount reported each year from the amount reported in the
previous year.
(c) Limitation.--The department's posting of financial
information under this section shall not be construed to:
(1) Require a public school entity to provide the
department with any additional information, data or reports
that the public school entity is not already required to
provide to the department as of the effective date of this
act.
(2) Require any public school entity to provide the
department with additional information beyond the information
required to be provided to the department by any other public
school entity.
Section 2. This act shall take effect immediately.
SECTION 2.1. SECTION 1154(C) OF THE ACT, AMENDED DECEMBER
22, 1965 (P.L.1180, NO.467), IS AMENDED TO READ:
SECTION 1154. PAYMENT OF SALARIES IN CASES OF SICKNESS,
INJURY OR DEATH.--* * *
(C) WHENEVER A PROFESSIONAL OR TEMPORARY PROFESSIONAL
EMPLOYE IS ABSENT BECAUSE OF THE DEATH OF A NEAR RELATIVE, THERE
SHALL BE NO DEDUCTION IN THE SALARY OF SAID EMPLOYE FOR ABSENCE
ON THE DAY OF THE FUNERAL. THE BOARD OF SCHOOL DIRECTORS MAY
EXTEND THE PERIOD OF ABSENCE WITH PAY IN ITS DISCRETION AS THE
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EXIGENCIES OF THE CASE MAY WARRANT. A NEAR RELATIVE SHALL BE
DEFINED AS A FIRST COUSIN, GRANDFATHER, GRANDMOTHER, GRANDCHILD,
AUNT, UNCLE, NIECE, NEPHEW, SON-IN-LAW, DAUGHTER-IN-LAW,
BROTHER-IN-LAW OR SISTER-IN-LAW.
* * *
SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1201.1. SUBSTITUTE TEACHING PERMIT FOR PROSPECTIVE
TEACHERS.--(A) AN INDIVIDUAL WHO DOES NOT HOLD A CERTIFICATE
UNDER SECTION 1201 SHALL BE ELIGIBLE TO TEACH AS A SUBSTITUTE IN
A SCHOOL DISTRICT, AN AREA VOCATIONAL-TECHNICAL SCHOOL OR AN
INTERMEDIATE UNIT PROVIDED THAT:
(1) THE UNCERTIFIED INDIVIDUAL SHALL MEET ALL OF THE
FOLLOWING REQUIREMENTS:
(I) IS CURRENTLY ENROLLED IN A TEACHER PREPARATION PROGRAM
IN A COLLEGE OR UNIVERSITY LOCATED IN THIS COMMONWEALTH AND
ACCREDITED BY A REGIONAL ACCREDITING AGENCY RECOGNIZED BY THE
UNITED STATES DEPARTMENT OF EDUCATION.
(II) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE
EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS
COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY.
(III) HAS MET THE REQUIREMENTS SET FORTH IN SECTIONS 111,
111.1 AND 1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO
POWERS AND DUTIES OF DEPARTMENT).
(2) THE CHIEF SCHOOL ADMINISTRATOR OF A SCHOOL DISTRICT, AN
AREA VOCATIONAL-TECHNICAL SCHOOL OR AN INTERMEDIATE UNIT MAY
ISSUE A SUBSTITUTE TEACHING PERMIT FOR PROSPECTIVE TEACHERS TO
AN UNCERTIFIED INDIVIDUAL MEETING THE REQUIREMENTS OF CLAUSE (1)
WHO PROVIDES VERIFICATION OF THE INDIVIDUAL'S ENROLLMENT STATUS
UNDER PARAGRAPH (1)(I) AND COMPLETED HOURS UNDER PARAGRAPH (1)
(II).
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(3) AN INDIVIDUAL RECEIVING A SUBSTITUTE TEACHING PERMIT FOR
PROSPECTIVE TEACHERS MAY SERVE AS A SUBSTITUTE TEACHER FOR NO
MORE THAN TEN (10) DAYS PER SCHOOL YEAR FOR A SINGLE
PROFESSIONAL EMPLOYE OR TEMPORARY PROFESSIONAL EMPLOYE, PROVIDED
THAT THE INDIVIDUAL MAY SERVE AS A SUBSTITUTE FOR MULTIPLE
PROFESSIONAL EMPLOYES OR TEMPORARY PROFESSIONAL EMPLOYES FOR NO
MORE THAN TWENTY (20) DAYS PER SCHOOL YEAR.
(4) A SUBSTITUTE TEACHING PERMIT FOR PROSPECTIVE TEACHERS
SHALL BE VALID FOR ONE (1) YEAR AND MAY BE RENEWED FOR ONE (1)
ADDITIONAL YEAR BY THE CHIEF SCHOOL ADMINISTRATOR, PROVIDED THAT
THE UNCERTIFIED INDIVIDUAL:
(I) PROVIDES DOCUMENTATION OF THE COMPLETION OF AN
ADDITIONAL FIFTEEN (15) CREDIT HOURS OR EQUIVALENT FROM A
COLLEGE OR UNIVERSITY LOCATED IN THIS COMMONWEALTH AND
ACCREDITED BY A REGIONAL ACCREDITING AGENCY; AND
(II) REMAINS ENROLLED IN A COLLEGE OR UNIVERSITY LOCATED IN
THIS COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING
AGENCY.
(5) THE INDIVIDUAL SHALL RECEIVE A SALARY FIXED BY THE
GOVERNING BODY OF THE SCHOOL DISTRICT, AREA VOCATIONAL-TECHNICAL
SCHOOL OR INTERMEDIATE UNIT.
(6) THE INDIVIDUAL SHALL NOT HAVE THE RIGHT TO ELECT
MEMBERSHIP IN THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM,
NOR SHALL SERVICE AS A SUBSTITUTE UNDER THIS SECTION BE ELIGIBLE
FOR CREDIT IN THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM.
(7) THE DEPARTMENT OF EDUCATION SHALL PROVIDE AN ANNUAL
REPORT ON THE USE OF THE PERMITS UNDER THIS SECTION TO THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE
SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES. TO COMPLETE THE
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REPORT, THE DEPARTMENT SHALL ANNUALLY SURVEY SCHOOL DISTRICTS,
VOCATIONAL-TECHNICAL SCHOOLS AND INTERMEDIATE UNITS.
(B) THIS SECTION SHALL EXPIRE ON JUNE 30, 2021.
SECTION 3.1. SECTION 1204 OF THE ACT, AMENDED OCTOBER 21,
1965 (P.L.601, NO.312), IS AMENDED TO READ:
SECTION 1204. GRANTING PROVISIONAL COLLEGE CERTIFICATES.--
THE [SUPERINTENDENT OF PUBLIC INSTRUCTION] SECRETARY OF
EDUCATION MAY GRANT A PROVISIONAL COLLEGE CERTIFICATE TO EVERY
PERSON WHO PRESENTS TO [HIM] THE DEPARTMENT OF EDUCATION
SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER, AND OF BEING A
GRADUATE OF AN APPROVED COLLEGE OR UNIVERSITY, WHO HAS COMPLETED
SUCH WORK IN EDUCATION AS MAY BE REQUIRED BY THE STANDARDS OF
THE STATE BOARD OF EDUCATION, AND TO EVERY PERSON WHO PRESENTS
TO [HIM] THE DEPARTMENT OF EDUCATION SATISFACTORY EVIDENCE OF
GOOD MORAL CHARACTER, AND OF BEING A GRADUATE OF MUSIC, WITH THE
DEGREE OF BACHELOR OF MUSIC OF AN APPROVED COLLEGE OR
UNIVERSITY, WHO HAS DURING SUCH MUSICAL COURSE COMPLETED THE
PRESCRIBED NUMBER OF HOURS OF PROFESSIONAL STUDIES, WHICH
CERTIFICATE SHALL ENTITLE [HIM] THE INDIVIDUAL TO TEACH FOR
THREE ANNUAL SCHOOL TERMS, AND MAY BE RENEWED FOR ONE ADDITIONAL
THREE-YEAR PERIOD IN ACCORDANCE WITH STANDARDS TO BE ESTABLISHED
BY THE STATE BOARD OF EDUCATION.
SECTION 3.2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1204.2. PROVISIONAL VOCATIONAL EDUCATION
CERTIFICATE.--THE SECRETARY OF EDUCATION MAY GRANT A PROVISIONAL
VOCATIONAL EDUCATION CERTIFICATE TO EVERY PERSON WHO PRESENTS TO
THE DEPARTMENT OF EDUCATION SATISFACTORY EVIDENCE OF GOOD MORAL
CHARACTER, AND WHO HAS COMPLETED SUCH WORK IN VOCATIONAL
EDUCATION AS MAY BE REQUIRED BY THE STANDARDS OF THE STATE BOARD
OF EDUCATION, WHICH CERTIFICATE SHALL ENTITLE THE INDIVIDUAL TO
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TEACH FOR EIGHT ANNUAL SCHOOL TERMS.
SECTION 4. SECTION 1205.2(A) OF THE ACT, AMENDED JULY 5,
2012 (P.L.965, NO.105), IS AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 1205.2. PROGRAM OF CONTINUING PROFESSIONAL
EDUCATION.--(A) A CONTINUING PROFESSIONAL EDUCATION PROGRAM IS
HEREBY ESTABLISHED FOR PROFESSIONAL EDUCATORS, THE SATISFACTORY
COMPLETION OF WHICH IS REQUIRED TO MAINTAIN ACTIVE
CERTIFICATION. EXCEPT AS PROVIDED IN [SUBSECTION (N.1)]
SUBSECTIONS (N.1) AND (N.2), THE CONTINUING PROFESSIONAL
EDUCATION PROGRAM SHALL REQUIRE THE SATISFACTORY COMPLETION OF
CONTINUING PROFESSIONAL EDUCATION EVERY FIVE (5) YEARS, WHICH
SHALL INCLUDE:
(1) SIX (6) CREDITS OF COLLEGIATE STUDY;
(2) SIX (6) CREDITS OF CONTINUING PROFESSIONAL EDUCATION
COURSES;
(3) ONE HUNDRED EIGHTY (180) HOURS OF CONTINUING
PROFESSIONAL EDUCATION PROGRAMS, ACTIVITIES OR LEARNING
EXPERIENCES; OR
(4) ANY COMBINATION OF COLLEGIATE STUDIES, CONTINUING
PROFESSIONAL EDUCATION COURSES, OR OTHER PROGRAMS, ACTIVITIES OR
LEARNING EXPERIENCES EQUIVALENT TO ONE HUNDRED EIGHTY (180)
HOURS.
* * *
(N.2) IF, DURING A PROFESSIONAL EDUCATOR'S FIVE-YEAR
COMPLIANCE PERIOD UNDER THIS SECTION, A PROFESSIONAL EDUCATOR
SATISFACTORILY COMPLETES CONTINUING PROFESSIONAL EDUCATION
CREDITS OR HOURS IN EXCESS OF THE NUMBER OF CREDITS OR HOURS
REQUIRED UNDER SUBSECTION (A), ANY EXCESS CONTINUING
PROFESSIONAL EDUCATION CREDITS OR HOURS SATISFYING THE
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REQUIREMENTS OF THIS SECTION THAT ARE COMPLETED DURING THE FINAL
TWO YEARS OF A PROFESSIONAL EDUCATOR'S FIVE-YEAR COMPLIANCE
PERIOD UP TO A MAXIMUM OF FIFTY (50) HOURS OF CONTINUING
PROFESSIONAL EDUCATION PROGRAMS, ACTIVITIES OR LEARNING
EXPERIENCES, OR ANY COMBINATION OF COLLEGIATE STUDIES,
CONTINUING PROFESSIONAL EDUCATION COURSES OR OTHER PROGRAMS,
ACTIVITIES OR LEARNING EXPERIENCES EQUIVALENT TO A MAXIMUM OF
FIFTY (50) HOURS, SHALL BE CREDITED TO THE PROFESSIONAL
EDUCATOR'S CONTINUING PROFESSIONAL EDUCATION RECORD FOR THE NEXT
SUCCEEDING COMPLIANCE PERIOD.
* * *
SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1313.1. ASSIGNMENT OF STUDENTS TO SCHOOL DISTRICTS
OF THE FIRST CLASS A.--(A) A SCHOOL DISTRICT OF THE FIRST CLASS
A MAY ENTER INTO AN AGREEMENT WITH AN ADJACENT SCHOOL DISTRICT
FOR THE ASSIGNMENT OF ELEMENTARY AND SECONDARY STUDENTS TO THE
SCHOOL DISTRICT OF THE FIRST CLASS A FROM THE ADJACENT SCHOOL
DISTRICT UNDER THE FOLLOWING CIRCUMSTANCES:
(1) THE ADJACENT SCHOOL DISTRICT HAS EXPERIENCED A DECLINE
IN ENROLLMENT WHICH MAKES THE PROVISION OF SUCH EDUCATION
IMPRACTICAL AND WOULD RESULT IN EDUCATIONAL PROGRAMMING WHICH
DOES NOT MEET THE STANDARDS NECESSARY TO INCREASE STUDENT
ACHIEVEMENT.
(2) THE ADJACENT SCHOOL DISTRICT HAS EXPERIENCED A DECLINE
IN REVENUE DUE TO A SUBSTANTIAL DECLINE IN THE ASSESSED
VALUATION OF TAXABLE REAL ESTATE WITHIN THE ADJACENT SCHOOL
DISTRICT.
(B) EXCEPT FOR PURPOSES OF ARTICLE XXV, STUDENTS WHO ARE
ASSIGNED TO A SCHOOL DISTRICT OF THE FIRST CLASS A UNDER THIS
SECTION SHALL BE CONSIDERED FOR ALL OTHER PURPOSES STUDENTS
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RESIDING IN THE SCHOOL DISTRICT OF THE FIRST CLASS A, INCLUDING,
BUT NOT LIMITED TO:
(1) ENFORCEMENT OF COMPULSORY SCHOOL ATTENDANCE;
(2) THE PROVISION OF THE PROGRAM FOR EXCEPTIONAL STUDENTS;
(3) DISRUPTIVE STUDENT PROGRAMS UNDER ARTICLE XIX-C;
(4) UTILIZATION OF PRIVATE ALTERNATIVE EDUCATION
INSTITUTIONS FOR DISRUPTIVE STUDENTS UNDER ARTICLE XIX-E; AND
(5) CAREER AND TECHNICAL EDUCATION.
(C) IF AN ADJACENT SCHOOL DISTRICT FAILS TO MAKE PAYMENTS TO
A SCHOOL DISTRICT OF THE FIRST CLASS A PROVIDING EDUCATIONAL
SERVICES TO STUDENTS ASSIGNED UNDER THIS SECTION, THE SECRETARY
OF EDUCATION SHALL DEDUCT AND PAY THE AMOUNTS DUE AS DOCUMENTED
BY THE SCHOOL DISTRICT OF THE FIRST CLASS A FROM ANY AND ALL
STATE PAYMENTS MADE TO THE ADJACENT SCHOOL DISTRICT AFTER
RECEIPT OF DOCUMENTATION FROM THE SCHOOL DISTRICT OF THE FIRST
CLASS A.
SECTION 5.1. SECTION 1372(8) OF THE ACT, ADDED MAY 10, 2000
(P.L.44, NO.16), IS AMENDED TO READ:
SECTION 1372. EXCEPTIONAL CHILDREN; EDUCATION AND
TRAINING.--* * *
(8) REPORTING OF EXPENDITURES RELATING TO EXCEPTIONAL
STUDENTS.
(I) BY DECEMBER 31, 2000, AND EACH YEAR THEREAFTER, EACH
SCHOOL DISTRICT SHALL COMPILE INFORMATION LISTING THE NUMBER OF
STUDENTS WITH DISABILITIES FOR WHICH EXPENDITURES ARE BETWEEN
TWENTY-FIVE THOUSAND DOLLARS ($25,000) AND FIFTY THOUSAND
DOLLARS ($50,000), WHICH SHALL BE KNOWN AS CATEGORY 2; BETWEEN
FIFTY THOUSAND DOLLARS ($50,000) AND SEVENTY-FIVE THOUSAND
DOLLARS ($75,000), WHICH SHALL BE KNOWN AS CATEGORY 3A; AND OVER
SEVENTY-FIVE THOUSAND DOLLARS ($75,000), WHICH SHALL BE KNOWN AS
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CATEGORY 3B, FOR THE PRIOR SCHOOL YEAR. THE INFORMATION SHALL BE
SUBMITTED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
DEPARTMENT. BY FEBRUARY 1, 2001, AND EACH YEAR THEREAFTER, THE
DEPARTMENT SHALL SUBMIT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF
THE EDUCATION AND APPROPRIATIONS COMMITTEES OF THE SENATE AND
THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION AND
APPROPRIATIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES A
REPORT LISTING THIS INFORMATION BY SCHOOL DISTRICT.
(II) BY DECEMBER 31, 2016, AND EACH YEAR THEREAFTER, EACH
SCHOOL DISTRICT SHALL COMPILE INFORMATION LISTING THE NUMBER OF
STUDENTS WITH DISABILITIES FOR WHICH EXPENDITURES ARE UNDER
TWENTY-FIVE THOUSAND DOLLARS ($25,000), WHICH SHALL BE KNOWN AS
CATEGORY 1. THE INFORMATION SHALL BE SUBMITTED TO THE DEPARTMENT
IN A FORM PRESCRIBED BY THE DEPARTMENT.
(III) BEGINNING WITH THE 2016-2017 SCHOOL YEAR, THE
DEPARTMENT SHALL ANNUALLY ADJUST THE DOLLAR RANGES FOR WHICH THE
INFORMATION IS COLLECTED UNDER THIS SECTION BY THE PERCENT
CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR
THE PENNSYLVANIA, NEW JERSEY, DELAWARE AND MARYLAND AREA
REPORTED BY THE BUREAU OF LABOR STATISTICS FOR THE TWELVE (12)
MONTH PERIOD ENDING IN DECEMBER OF THE SCHOOL YEAR FOR WHICH THE
DATA IS BEING COLLECTED.
SECTION 6. SECTION 1376 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1376. COST OF TUITION AND MAINTENANCE OF CERTAIN
EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS.--* * *
(C.9) BEGINNING WITH AUDITED DATA FOR THE 2016-2017 SCHOOL
YEAR, THE TOTAL OF THE AMOUNTS REMITTED TO THE COMMONWEALTH
UNDER SUBSECTION (C.2)(5)(II) SHALL BE DISTRIBUTED TO EACH
APPROVED PRIVATE SCHOOL WITH REPORTABLE COSTS THAT EXCEED THE
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AMOUNT OF REVENUE RECEIVED AS FOLLOWS:
(1) SUBTRACT THE AMOUNT OF REVENUE RECEIVED UNDER SUBSECTION
(A.2) FROM THE REPORTABLE COSTS IN THE AUDIT SUBMITTED TO THE
DEPARTMENT OF EDUCATION UNDER SUBSECTION (C.2)(4).
(2) MULTIPLY THE AMOUNT IN PARAGRAPH (1) BY THE LESSER OF
THE TOTAL OF THE AMOUNTS REMITTED TO THE COMMONWEALTH UNDER
SUBSECTION (C.2)(5)(II) OR THE TOTAL OF THE AMOUNTS IN PARAGRAPH
(1).
(3) DIVIDE THE AMOUNT IN PARAGRAPH (2) BY THE TOTAL OF THE
AMOUNTS IN PARAGRAPH (1).
(4) FUNDS DISTRIBUTED UNDER THIS SUBSECTION SHALL BE PAID IN
MAY OF THE FOLLOWING SCHOOL YEAR.
(5) FUNDS DISTRIBUTED UNDER THIS SUBSECTION SHALL NOT BE
INCLUDED IN DETERMINING THE PAYMENT AMOUNT UNDER SUBSECTION
(A.2).
* * *
SECTION 6.1. SECTION 1401 OF THE ACT IS AMENDED BY ADDING
CLAUSES TO READ:
SECTION 1401. DEFINITIONS.--AS USED IN THIS ARTICLE--
* * *
(13) "DIABETES MEDICAL MANAGEMENT PLAN" MEANS A DOCUMENT
DESCRIBING THE MEDICAL ORDERS OR DIABETES REGIMEN DEVELOPED AND
SIGNED BY THE STUDENT'S HEALTH CARE PRACTITIONER AND PARENT OR
GUARDIAN.
(14) "SERVICE AGREEMENT" MEANS A STUDENT'S SECTION 504
SERVICE AGREEMENT PURSUANT TO SECTION 504 OF THE REHABILITATION
ACT OF 1973 (PUBLIC LAW 93-112, 29 U.S.C. ยง 794) AND 22 PA. CODE
CH. 15 (RELATING TO PROTECTED HANDICAPPED STUDENTS).
(15) "HEALTH CARE PRACTITIONER" MEANS THE TERM AS DEFINED
UNDER SECTION 103 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48),
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KNOWN AS THE HEALTH CARE FACILITIES ACT.
(16) "IEP" MEANS A WRITTEN STATEMENT FOR EACH CHILD WITH A
DISABILITY THAT IS DEVELOPED, REVIEWED OR REVISED IN A MEETING
IN ACCORDANCE WITH THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT (PUBLIC LAW 91-230, 20 U.S.C. ยง 1400 ET SEQ.) AND 22 PA.
CODE CH. 14 (RELATING TO SPECIAL EDUCATION SERVICES AND
PROGRAMS).
SECTION 6.2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1414.3. EDUCATION OF SCHOOL EMPLOYES IN DIABETES
CARE AND MANAGEMENT.--(A) WITHIN ONE HUNDRED TWENTY (120) DAYS
OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF HEALTH,
IN COORDINATION WITH THE DEPARTMENT OF EDUCATION, SHALL
ESTABLISH EDUCATIONAL MODULES AND GUIDELINES FOR THE INSTRUCTION
OF SCHOOL EMPLOYES IN DIABETES CARE AND TREATMENT AND MAKE THE
MODULES AND GUIDELINES AVAILABLE ON ITS PUBLICLY ACCESSIBLE
INTERNET WEBSITE. THE EDUCATIONAL MODULES SHALL INCLUDE
INSTRUCTION IN A SCHOOL ENTITY'S OBLIGATIONS UNDER 22 PA. CODE ยง
12.41 (RELATING TO STUDENT SERVICES) AND ITS RESPONSIBILITIES TO
COMPLY WITH SECTION 504 OF THE REHABILITATION ACT OF 1973
(PUBLIC LAW 93-112, 29 U.S.C. ยง 794), 22 PA. CODE CHS. 14
(RELATING TO SPECIAL EDUCATION SERVICES AND PROGRAMS) AND 15
(RELATING TO PROTECTED HANDICAPPED STUDENTS) AND THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. ยง
1400 ET SEQ.). AT A MINIMUM, THE EDUCATIONAL MODULES SHALL
INCLUDE REVIEW OF THE RESPONSIBILITIES AND INSTRUCTION IN:
(1) AN OVERVIEW OF ALL TYPES OF DIABETES.
(2) MEANS OF MONITORING BLOOD GLUCOSE.
(3) THE SYMPTOMS AND TREATMENT FOR BLOOD GLUCOSE LEVELS
OUTSIDE OF TARGET RANGES AS WELL AS SYMPTOMS AND TREATMENT FOR
HYPOGLYCEMIA, HYPERGLYCEMIA AND OTHER POTENTIAL EMERGENCIES.
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(4) TECHNIQUES ON ADMINISTERING GLUCAGON AND INSULIN.
(B) THE SCHOOL NURSE, IN CONSULTATION WITH THE CHIEF SCHOOL
ADMINISTRATOR OR A DESIGNEE, MAY IDENTIFY AT LEAST ONE SCHOOL
EMPLOYE WHO IS NOT THE SCHOOL NURSE AND WHO DOES NOT NEED TO BE
A LICENSED HEALTH CARE PRACTITIONER IN EACH SCHOOL BUILDING
ATTENDED BY A STUDENT WITH DIABETES. IF THE SCHOOL BUILDING
ATTENDED BY A STUDENT WITH DIABETES DOES NOT HAVE A FULL-TIME
SCHOOL NURSE, THE CHIEF SCHOOL ADMINISTRATOR MAY, BUT IS NOT
REQUIRED TO, CONSULT WITH THE SCHOOL NURSE ASSIGNED TO THAT
SCHOOL BUILDING TO IDENTIFY AT LEAST ONE SCHOOL EMPLOYE IN THE
SCHOOL BUILDING. AN IDENTIFIED EMPLOYE SHALL COMPLETE THE ANNUAL
EDUCATIONAL MODULES OUTLINED IN SUBSECTION (A) OR ANNUAL
EDUCATION OFFERED BY A LICENSED HEALTH CARE PRACTITIONER WITH
EXPERTISE IN THE CARE AND TREATMENT OF DIABETES THAT INCLUDES
SUBSTANTIALLY THE SAME INFORMATION AS OUTLINED IN SUBSECTION
(A). AN EMPLOYE RESPONSIBLE FOR A CHILD WITH DIABETES IN THE
ABSENCE OF THE SCHOOL NURSE SHALL HAVE THE RIGHT TO DECLINE THE
RESPONSIBILITY AND RELATED DIRECTIVES.
(C) A SCHOOL EMPLOYE WHO IS NOT A LICENSED HEALTH CARE
PRACTITIONER AND WHO HAS SUCCESSFULLY COMPLETED THE EDUCATION
MODULES UNDER SUBSECTION (A) OR ANNUAL EDUCATION OFFERED BY A
LICENSED HEALTH CARE PRACTITIONER WITH EXPERTISE IN THE CARE AND
TREATMENT OF DIABETES THAT INCLUDES SUBSTANTIALLY THE SAME
INFORMATION AS OUTLINED IN SUBSECTION (A) MAY BE DESIGNATED IN A
STUDENT'S SERVICE AGREEMENT OR IEP TO ADMINISTER DIABETES
MEDICATIONS, USE MONITORING EQUIPMENT AND PROVIDE OTHER DIABETES
CARE. A SCHOOL ENTITY MAY REQUIRE THE DESIGNATED EMPLOYE WHO HAS
NOT DECLINED THE ASSIGNMENT, TO COMPLETE THE ANNUAL EDUCATIONAL
MODULES OR ANNUAL EDUCATION FROM A LICENSED HEALTH CARE
PRACTITIONER, OR BOTH, IN THE ADMINISTRATION OF DIABETES
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MEDICATIONS, USE OF MONITORING EQUIPMENT AND PROVISION OF OTHER
DIABETES CARE. EDUCATION PROVIDED TO SCHOOL EMPLOYES SHALL BE
COORDINATED BY THE CHIEF SCHOOL ADMINISTRATOR OR A DESIGNEE.
SCHOOL ENTITIES MAY INCLUDE THE EDUCATION IN THE PROFESSIONAL
EDUCATION PLAN SUBMITTED BY THE SCHOOL ENTITY TO THE DEPARTMENT
OF EDUCATION UNDER SECTION 1205.1.
(D) NOTWITHSTANDING ANY OTHER STATUTE OR REGULATION
RESTRICTING THE FUNCTIONS THAT MAY BE PERFORMED BY PERSONS OTHER
THAN LICENSED HEALTH CARE PRACTITIONERS, SCHOOL EMPLOYES WHO
HAVE COMPLETED THE EDUCATION REQUIREMENTS UNDER THIS SECTION MAY
PERFORM DIABETES CARE AND TREATMENT FOR STUDENTS. SCHOOL
EMPLOYES WHO ARE NOT LICENSED HEALTH CARE PRACTITIONERS SHALL
ONLY BE AUTHORIZED TO ADMINISTER DIABETES MEDICATIONS VIA
INJECTION OR INFUSION FOLLOWING ANNUAL EDUCATION BY A LICENSED
HEALTH CARE PRACTITIONER WITH EXPERTISE IN THE CARE AND
TREATMENT OF DIABETES, AND FOLLOWING THE SCHOOL ENTITY'S RECEIPT
OF WRITTEN AUTHORIZATION FROM BOTH THE STUDENT'S HEALTH CARE
PRACTITIONER AND PARENT OR GUARDIAN THAT AN EDUCATED SCHOOL
EMPLOYE, WHO IS NOT A LICENSED HEALTH CARE PRACTITIONER, MAY
ADMINISTER SPECIFIED MEDICATIONS.
(E) FOR PURPOSES OF THIS SECTION, "SCHOOL ENTITY" MEANS A
SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA VOCATIONAL-TECHNICAL
SCHOOL, CHARTER SCHOOL OR CYBER CHARTER SCHOOL.
SECTION 1414.4. DIABETES CARE IN SCHOOLS.--(A) A PARENT OR
GUARDIAN OF A STUDENT WITH DIABETES WHO DESIRES THAT THE STUDENT
RECEIVE DIABETES-RELATED CARE AND TREATMENT IN A SCHOOL SETTING
SHALL PROVIDE THE SCHOOL ENTITY WITH WRITTEN AUTHORIZATION FOR
THE CARE AND INSTRUCTIONS FROM THE STUDENT'S HEALTH CARE
PRACTITIONER, CONSISTENT WITH THE SCHOOL ENTITY'S POLICIES
REGARDING THE PROVISION OF SCHOOL HEALTH SERVICES. THE REQUIRED
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AUTHORIZATIONS MAY BE SUBMITTED AS PART OF A DIABETES MEDICAL
MANAGEMENT PLAN.
(B) ALL DIABETES-RELATED CARE PROVIDED TO STUDENTS SHALL BE
CONSISTENT WITH THE SCHOOL HEALTH PROGRAM ESTABLISHED BY THE
GOVERNING BODY OF THE SCHOOL ENTITY AND ANY ACCOMMODATIONS
OUTLINED IN A STUDENT'S SERVICE AGREEMENT.
(C) A STUDENT'S SERVICE AGREEMENT MAY REQUIRE A SCHOOL
ENTITY TO PROVIDE THE DRIVER OF A SCHOOL BUS OR SCHOOL VEHICLE,
WHO PROVIDES TRANSPORTATION TO A STUDENT WITH DIABETES, WITH AN
INFORMATION SHEET THAT:
(1) IDENTIFIES THE STUDENT WITH DIABETES.
(2) IDENTIFIES POTENTIAL EMERGENCIES THAT MAY OCCUR AS A
RESULT OF THE STUDENT'S DIABETES AND THE APPROPRIATE RESPONSES
TO SUCH EMERGENCIES.
(3) PROVIDES THE TELEPHONE NUMBER OF A CONTACT PERSON IN
CASE OF AN EMERGENCY INVOLVING THE STUDENT WITH DIABETES.
(D) FOR PURPOSES OF THIS SECTION:
"SCHOOL BUS" MEANS A SCHOOL BUS AS DEFINED IN 75 PA.C.S. ยง
102 (RELATING TO DEFINITIONS).
"SCHOOL ENTITY" MEANS A SCHOOL DISTRICT, INTERMEDIATE UNIT,
AREA VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL OR CYBER
CHARTER SCHOOL.
"SCHOOL VEHICLE" MEANS A SCHOOL VEHICLE AS DEFINED IN 75
PA.C.S. ยง 102.
SECTION 1414.5. POSSESSION AND USE OF DIABETES MEDICATION
AND MONITORING EQUIPMENT.--(A) A SCHOOL ENTITY SHALL REQUIRE
THE PARENT OR GUARDIAN OF A STUDENT WITH DIABETES WHO REQUESTS
THAT THE STUDENT POSSESS AND SELF-ADMINISTER DIABETES MEDICATION
AND OPERATE MONITORING EQUIPMENT IN A SCHOOL SETTING TO PROVIDE
THE FOLLOWING:
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(1) A WRITTEN STATEMENT FROM THE STUDENT'S HEALTH CARE
PRACTITIONER THAT PROVIDES THE NAME OF THE DRUG, THE DOSE, THE
TIMES WHEN THE MEDICATION IS TO BE TAKEN OR THE MONITORING
EQUIPMENT TO BE USED, THE SPECIFIED TIME PERIOD FOR WHICH THE
MEDICATION OR MONITORING EQUIPMENT IS AUTHORIZED TO BE USED AND
THE DIAGNOSIS OR REASON THE MEDICINE OR MONITORING EQUIPMENT IS
NEEDED. THE STUDENT'S HEALTH CARE PRACTITIONER SHALL INDICATE
THE POTENTIAL OF ANY SERIOUS REACTION TO THE MEDICATION THAT MAY
OCCUR, AS WELL AS ANY NECESSARY EMERGENCY RESPONSE. THE
STUDENT'S HEALTH CARE PRACTITIONER SHALL STATE WHETHER THE
STUDENT IS COMPETENT TO SELF-ADMINISTER THE MEDICATION OR
MONITORING EQUIPMENT AND WHETHER THE STUDENT IS ABLE TO PRACTICE
PROPER SAFETY PRECAUTIONS FOR THE HANDLING AND DISPOSAL OF THE
MEDICATION AND MONITORING EQUIPMENT.
(2) A WRITTEN REQUEST FROM THE PARENT OR GUARDIAN THAT THE
SCHOOL ENTITY COMPLY WITH THE INSTRUCTIONS OF THE STUDENT'S
HEALTH CARE PRACTITIONER. THE PARENT'S REQUEST SHALL INCLUDE A
STATEMENT RELIEVING THE SCHOOL ENTITY OR ANY SCHOOL EMPLOYE OF
ANY RESPONSIBILITY FOR THE PRESCRIBED MEDICATION OR MONITORING
EQUIPMENT AND ACKNOWLEDGING THAT THE SCHOOL ENTITY BEARS NO
RESPONSIBILITY FOR ENSURING THAT THE MEDICATION IS TAKEN BY THE
STUDENT AND THE MONITORING EQUIPMENT IS USED.
(3) A WRITTEN ACKNOWLEDGMENT BY THE SCHOOL NURSE THAT THE
STUDENT HAS DEMONSTRATED THAT THE STUDENT IS CAPABLE OF SELF-
ADMINISTRATION OF THE MEDICATION AND USE OF THE MONITORING
EQUIPMENT.
(4) A WRITTEN ACKNOWLEDGMENT BY THE STUDENT THAT THE STUDENT
HAS RECEIVED INSTRUCTION FROM THE STUDENT'S HEALTH CARE
PRACTITIONER ON PROPER SAFETY PRECAUTIONS FOR THE HANDLING AND
DISPOSAL OF THE MEDICATIONS AND MONITORING EQUIPMENT. THE
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WRITTEN ACKNOWLEDGMENT SHALL ALSO CONTAIN A PROVISION STATING
THAT THE STUDENT WILL NOT ALLOW OTHER STUDENTS TO HAVE ACCESS TO
THE MEDICATION AND MONITORING EQUIPMENT AND THAT THE STUDENT
UNDERSTANDS APPROPRIATE SAFEGUARDS.
(B) A SCHOOL ENTITY MAY REVOKE OR RESTRICT A STUDENT'S
PRIVILEGES TO POSSESS AND SELF-ADMINISTER DIABETES MEDICATION
AND OPERATE MONITORING EQUIPMENT DUE TO NONCOMPLIANCE WITH
SCHOOL RULES AND PROVISIONS OF A STUDENT'S SERVICE AGREEMENT,
IEP OR DUE TO DEMONSTRATED UNWILLINGNESS OR INABILITY OF THE
STUDENT TO SAFEGUARD THE MEDICATION AND MONITORING EQUIPMENT
FROM ACCESS BY OTHER STUDENTS.
(C) A SCHOOL ENTITY THAT PROHIBITS A STUDENT FROM POSSESSING
AND SELF-ADMINISTERING DIABETES MEDICATION AND OPERATING
MONITORING EQUIPMENT UNDER SUBSECTION (B) SHALL ENSURE THAT THE
DIABETES MEDICATION OR MONITORING EQUIPMENT IS APPROPRIATELY
STORED IN A READILY ACCESSIBLE PLACE IN THE SCHOOL BUILDING
ATTENDED BY THE STUDENT. THE SCHOOL ENTITY SHALL NOTIFY THE
SCHOOL NURSE AND OTHER IDENTIFIED SCHOOL EMPLOYES REGARDING THE
LOCATION OF THE DIABETES MEDICATION AND MONITORING EQUIPMENT AND
MEANS TO ACCESS THEM.
(D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
"SCHOOL ENTITY" MEANS A SCHOOL DISTRICT, INTERMEDIATE UNIT,
AREA VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL OR CYBER
CHARTER SCHOOL.
"DIABETES MEDICATION" MEANS GLUCAGON AND INSULIN.
SECTION 1414.6. LIABILITY.--NOTHING IN SECTIONS 1414.3,
1414.4 OR 1414.5 SHALL BE CONSTRUED TO CREATE, ESTABLISH OR
EXPAND ANY CIVIL LIABILITY ON THE PART OF ANY SCHOOL ENTITY OR
SCHOOL EMPLOYE.
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SECTION 1414.7. COORDINATING, SUPERVISING OR EDUCATING NOT
CONSIDERED DELEGATION.--(A) NOTWITHSTANDING ANY OTHER LAW TO
THE CONTRARY, COORDINATING OR SUPERVISING THE PROVISION OF
DIABETES CARE BY SCHOOL EMPLOYES AUTHORIZED IN SECTIONS 1414.3
AND 1414.4 AND PROVIDING EDUCATION IN ACCORDANCE WITH SECTION
1414.3 SHALL NOT BE CONSTRUED AS A DELEGATION BY A LICENSED
HEALTH CARE PRACTITIONER.
(B) A LICENSED HEALTH CARE PRACTITIONER WHO, ACTING IN
COMPLIANCE WITH SECTIONS 1414.3 AND 1414.4, COORDINATES OR
SUPERVISES CARE FOR A STUDENT OR PROVIDES EDUCATION TO A SCHOOL
EMPLOYE SHALL NOT BE SUBJECT TO ANY CRIMINAL OR CIVIL LIABILITY
OR ANY PROFESSIONAL DISCIPLINARY ACTION FOR THE SAME.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SCHOOL
EMPLOYE WHO IS DESIGNATED TO PROVIDE DIABETES MEDICATIONS TO A
STUDENT SHALL NOT BE CONSIDERED TO BE ENGAGING IN HEALTH-RELATED
ACTIVITIES WHICH ARE RESERVED EXCLUSIVELY FOR LICENSED
PROFESSIONALS.
SECTION 1414.8. DIABETES CARE IN NONPUBLIC SCHOOLS.--(A) A
NONPUBLIC SCHOOL MAY COMPLY WITH THE EDUCATION OF SCHOOL
EMPLOYES AND PROVISION OF DIABETES-RELATED CARE TO A STUDENT
WITH DIABETES REQUIRED UNDER SECTIONS 1414.3, 1414.4 AND 1414.5.
A WRITTEN EDUCATION PLAN THAT OUTLINES THE AIDS AND RELATED
SERVICES REQUIRED TO MEET THE ACADEMIC NEEDS OF THE STUDENT WITH
DIABETES MAY TAKE THE PLACE OF A SERVICE AGREEMENT FOR A STUDENT
WITH DIABETES ATTENDING A NONPUBLIC SCHOOL UNLESS A SERVICE
AGREEMENT IS OTHERWISE REQUIRED UNDER LAW OR REGULATION.
(B) NOTHING IN SECTION 1414.3, 1414.4, 1414.5, 1414.6 OR
THIS SECTION SHALL BE CONSTRUED TO DO ANY OF THE FOLLOWING:
(1) CREATE, ESTABLISH OR EXPAND ANY OBLIGATIONS ON THE PART
OF ANY NONPUBLIC SCHOOL TO COMPLY WITH SECTION 504 OF THE
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REHABILITATION ACT OF 1973 (PUBLIC LAW 93-112, 29 U.S.C. ยง 794).
(2) CREATE, ESTABLISH, RESULT IN OR EXPAND ANY CONTRACTUAL
OBLIGATIONS ON THE PART OF ANY NONPUBLIC SCHOOL.
(C) NO NONPUBLIC SCHOOL EMPLOYE OR NONPUBLIC SCHOOL SHALL BE
LIABLE FOR CIVIL DAMAGES AS A RESULT OF THE ACTIVITIES
AUTHORIZED BY SECTIONS 1414.3, 1414.4 AND 1414.5, EXCEPT THAT AN
EMPLOYE MAY BE LIABLE FOR WILLFUL MISCONDUCT.
SECTION 7. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XIV-A
DRUG AND ALCOHOL RECOVERY
HIGH SCHOOL PILOT PROGRAM
SECTION 1401-A. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"INDIVIDUALIZED EDUCATIONAL PROGRAM" OR "IEP." AN
INDIVIDUALIZED EDUCATION PROGRAM ESTABLISHED UNDER 22 PA. CODE
CH. 14 (RELATING TO SPECIAL EDUCATION SERVICES AND PROGRAMS).
"PRIVATE ACADEMIC SCHOOL." A PRIVATE ACADEMIC SCHOOL AS
DEFINED IN SECTION 2 OF THE ACT OF JANUARY 28, 1988 (P.L.24,
NO.11), KNOWN AS THE PRIVATE ACADEMIC SCHOOLS ACT, WHICH IS
LICENSED UNDER THE REQUIREMENTS OF THE PRIVATE ACADEMIC SCHOOLS
ACT.
"PROGRAM." THE DRUG AND ALCOHOL RECOVERY HIGH SCHOOL PILOT
PROGRAM ESTABLISHED UNDER SECTION 1402-A.
"RECOVERY HIGH SCHOOL." THE SCHOOL DESIGNATED TO SERVE AS
THE DRUG AND ALCOHOL RECOVERY HIGH SCHOOL FOR PURPOSES OF THE
PROGRAM UNDER SECTION 1402-A(B).
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"RESIDENT SCHOOL DISTRICT." THE SCHOOL DISTRICT IN WHICH THE
PARENT OF A STUDENT ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER
THE PROGRAM RESIDES.
SECTION 1402-A. ESTABLISHMENT OF DRUG AND ALCOHOL RECOVERY HIGH
SCHOOL PILOT PROGRAM.
(A) PILOT PROGRAM ESTABLISHED.--THE DRUG AND ALCOHOL
RECOVERY HIGH SCHOOL PILOT PROGRAM IS ESTABLISHED TO PROVIDE A
PROGRAM OF INSTRUCTION IN GRADES 9 THROUGH 12 MEETING STATE
ACADEMIC STANDARDS FOR STUDENTS WHO ARE IN RECOVERY FROM DRUG OR
ALCOHOL ABUSE OR ADDICTION.
(B) DESIGNATION.--WITHIN 60 DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, THE SECRETARY OF EDUCATION, IN CONSULTATION WITH
THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, SHALL:
(1) DESIGNATE, THROUGH A REQUEST FOR PROPOSAL PROCESS, A
FACILITY THAT SATISFIES ALL OF THE FOLLOWING TO SERVE AS THE
RECOVERY HIGH SCHOOL FOR PURPOSES OF THE PROGRAM:
(I) IS LICENSED AS A PRIVATE ACADEMIC SCHOOL UNDER
THE ACT OF JANUARY 28, 1988 (P.L.24, NO.11), KNOWN AS THE
PRIVATE ACADEMIC SCHOOLS ACT.
(II) IS LOCATED IN A SCHOOL DISTRICT OF THE FIRST
CLASS.
(III) HAS EXPERIENCE PROVIDING DRUG AND ALCOHOL
RECOVERY SERVICES.
(IV) HAS ADOPTED AND FOLLOWS ACCREDITATION STANDARDS
AND BEST PRACTICES SET FORTH BY THE ASSOCIATION OF
RECOVERY SCHOOLS.
(2) POST NOTICE OF THE DESIGNATION ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 1403-A. SCOPE OF PROGRAM AND SELECTION OF STUDENTS.
(A) MAXIMUM PARTICIPATION.--BEGINNING IN THE 2016-2017
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SCHOOL YEAR, A MAXIMUM OF 20 STUDENTS IN GRADES 9 THROUGH 12 MAY
BE ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM AT ANY
ONE TIME.
(B) VACANCIES.--IF A STUDENT ENROLLED IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM WITHDRAWS OR GRADUATES FROM THE
RECOVERY HIGH SCHOOL, THE VACANCY MAY BE FILLED BY ANOTHER
STUDENT.
(C) STUDENT REQUIREMENTS.--A STUDENT MAY ENROLL IN THE
RECOVERY HIGH SCHOOL UNDER THE PROGRAM IF THE FOLLOWING APPLY:
(1) (I) SUBJECT TO SUBPARAGRAPH (II), THE STUDENT
RESIDES IN A SCHOOL DISTRICT OF THE FIRST CLASS, WHICH
HAS APPROVED THE STUDENT'S ENROLLMENT IN THE RECOVERY
HIGH SCHOOL UNDER THE PROGRAM AND, WITH THE WRITTEN
CONSENT OF THE STUDENT'S PARENT OR GUARDIAN, HAS APPLIED
FOR ENROLLMENT IN THE RECOVERY HIGH SCHOOL ON THE
STUDENT'S BEHALF.
(II) IF FEWER THAN 20 STUDENTS RESIDING IN A SCHOOL
DISTRICT OF THE FIRST CLASS ENROLL IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM AT ANY TIME UNDER SUBPARAGRAPH
(I), A STUDENT WHO RESIDES IN A SCHOOL DISTRICT OTHER
THAN A SCHOOL DISTRICT OF THE FIRST CLASS MAY ENROLL IN
THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM IF THE
STUDENT'S RESIDENT SCHOOL DISTRICT HAS APPROVED THE
STUDENT'S ENROLLMENT IN THE RECOVERY HIGH SCHOOL UNDER
THE PROGRAM AND, WITH THE WRITTEN CONSENT OF THE
STUDENT'S PARENT OR GUARDIAN, HAS APPLIED FOR ENROLLMENT
IN THE RECOVERY HIGH SCHOOL ON THE STUDENT'S BEHALF.
(2) THE STUDENT HAS AT LEAST 30 DAYS OF SOBRIETY AT THE
TIME OF APPLICATION FOR ENROLLMENT.
(3) THE STUDENT COMMITS TO PARTICIPATE IN A RECOVERY
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PLAN, INCLUDING, BUT NOT LIMITED TO, SCHOOL-BASED DRUG
TESTING, AS DESIGNED BY THE RECOVERY HIGH SCHOOL AND APPROVED
BY THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS.
(4) THE RECOVERY HIGH SCHOOL APPROVES THE STUDENT'S
ENROLLMENT IN THE RECOVERY HIGH SCHOOL. A DETERMINATION BY
THE RECOVERY HIGH SCHOOL NOT TO APPROVE A STUDENT'S
ENROLLMENT IN THE RECOVERY HIGH SCHOOL MAY NOT BE APPEALED TO
THE DEPARTMENT.
(D) APPROVAL OR DISAPPROVAL BY RESIDENT SCHOOL DISTRICT.--
WITHIN 30 DAYS AFTER A STUDENT'S PARENT OR GUARDIAN SUBMITS A
WRITTEN REQUEST TO THE RESIDENT SCHOOL DISTRICT SEEKING THE
STUDENT'S ENROLLMENT IN THE RECOVERY HIGH SCHOOL UNDER THE
PROGRAM, THE RESIDENT SCHOOL DISTRICT SHALL ISSUE WRITTEN NOTICE
TO THE PARENT OR GUARDIAN APPROVING OR DISAPPROVING THE REQUEST.
(E) HEARING.--IF A PARENT OR GUARDIAN DISAGREES WITH A
RESIDENT SCHOOL DISTRICT'S DISAPPROVAL OF THE STUDENT'S
ENROLLMENT IN THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM, THE
FOLLOWING SHALL APPLY:
(1) FOR A STUDENT WITH AN IEP, THE DUE PROCESS HEARING
REQUIREMENTS OF 22 PA. CODE CH. 14 (RELATING TO SPECIAL
EDUCATION SERVICES AND PROGRAMS) SHALL APPLY.
(2) FOR A STUDENT WITHOUT AN IEP, THE RESIDENT SCHOOL
DISTRICT SHALL FOLLOW A NOTICE AND HEARING PROCESS THAT THE
DEPARTMENT SHALL DEVELOP AND POST ON ITS PUBLICLY ACCESSIBLE
INTERNET WEBSITE.
(3) IF A STUDENT'S ENROLLMENT IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM IS NOT APPROVED BY THE STUDENT'S
RESIDENT SCHOOL DISTRICT OR IF THE STUDENT'S PARENT OR
GUARDIAN CHOOSES NOT TO PARTICIPATE IN THE PROGRAM
ESTABLISHED UNDER SECTION 1402-A, THE STUDENT'S PARENT OR
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GUARDIAN MAY PAY THE STUDENT'S TUITION TO ENROLL IN THE
RECOVERY HIGH SCHOOL, PROVIDED THAT THE RECOVERY HIGH SCHOOL
HAS APPROVED THE STUDENT'S ENROLLMENT IN THE RECOVERY HIGH
SCHOOL.
SECTION 1404-A. ACADEMIC PROGRAMS.
(A) ASSESSMENTS.--THE RECOVERY HIGH SCHOOL SHALL ADMINISTER
TO ALL STUDENTS ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER THE
PROGRAM ANY ASSESSMENTS THAT ARE REQUIRED UNDER 22 PA. CODE CH.
4 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT). STUDENT
SCORES ON ANY REQUIRED ASSESSMENTS SHALL BE ATTRIBUTED TO THE
STUDENT'S RESIDENT SCHOOL DISTRICT FOR PURPOSES OF COMPLIANCE
WITH THE EVERY STUDENT SUCCEEDS ACT (PUBLIC LAW 114-95, 129
STAT. 1802).
(B) CERTIFICATION.--AT LEAST 75% OF THE PROFESSIONAL STAFF
MEMBERS OF THE RECOVERY HIGH SCHOOL SHALL HOLD APPROPRIATE STATE
CERTIFICATION, PROVIDED THAT ALL PROFESSIONAL STAFF MEMBERS OF
THE RECOVERY HIGH SCHOOL WHO ARE RESPONSIBLE FOR PROVIDING
SPECIAL EDUCATION SERVICES TO STUDENTS ENROLLED IN THE RECOVERY
HIGH SCHOOL UNDER THE PROGRAM SHALL HOLD APPROPRIATE STATE
CERTIFICATION IN SPECIAL EDUCATION.
(C) LICENSURE.--IF A STUDENT ENROLLED IN THE RECOVERY HIGH
SCHOOL IS SUBJECT TO AN IEP, THE RECOVERY HIGH SCHOOL MUST BE
LICENSED TO PROVIDE ANY SERVICES REQUIRED TO BE PROVIDED UNDER
THE STUDENT'S IEP.
SECTION 1405-A. ESTABLISHMENT AND PAYMENT OF TUITION.
(A) TUITION RATE.--NO LATER THAN JUNE 30 OF EACH YEAR, THE
DEPARTMENT SHALL ESTABLISH A PER-STUDENT REGULAR EDUCATION
TUITION RATE FOR EACH STUDENT ENROLLED IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM, PROVIDED THAT THE RECOVERY HIGH SCHOOL
MAY NOT SET A PER-STUDENT REGULAR EDUCATION TUITION RATE FOR
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STUDENTS ENROLLED IN THE RECOVERY HIGH SCHOOL WHO ARE NOT
PARTICIPANTS IN THE PROGRAM THAT IS LOWER THAN THE PER-STUDENT
REGULAR EDUCATION TUITION RATE ESTABLISHED FOR STUDENTS ENROLLED
IN THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM. THE PER-STUDENT
REGULAR EDUCATION TUITION RATE FOR STUDENTS ENROLLED IN THE
RECOVERY HIGH SCHOOL UNDER THE PROGRAM SHALL BE DETERMINED AS
FOLLOWS:
(1) FOR THE 2016-2017 SCHOOL YEAR, THE PER-STUDENT
REGULAR EDUCATION TUITION RATE FOR EACH STUDENT ENROLLED IN
THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM SHALL BE $20,000.
(2) BEGINNING IN THE 2017-2018 SCHOOL YEAR, AND IN EACH
SCHOOL YEAR THEREAFTER, ANNUAL ADJUSTMENTS TO THE AMOUNT SET
FORTH IN PARAGRAPH (1) SHALL BE MADE AS FOLLOWS:
(I) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL
DETERMINE THE PERCENTAGE CHANGE IN THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS: ALL ITEMS (CPI-U) FOR THE
UNITED STATES CITY AVERAGE AS PUBLISHED BY THE UNITED
STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS,
FOR THE 12-MONTH PERIOD ENDING SEPTEMBER 30, 2016, AND
FOR EACH SUCCESSIVE 12-MONTH PERIOD THEREAFTER.
(II) IF THE DEPARTMENT OF LABOR AND INDUSTRY
DETERMINES THAT THERE IS NO POSITIVE PERCENTAGE CHANGE,
THEN NO ADJUSTMENT TO THE AMOUNT SET FORTH IN PARAGRAPH
(1) SHALL OCCUR FOR THE RELEVANT TIME PERIOD.
(III) (A) IF THE DEPARTMENT OF LABOR AND INDUSTRY
DETERMINES THAT THERE IS A POSITIVE PERCENTAGE CHANGE
IN THE FIRST YEAR THAT THE DETERMINATION IS MADE
UNDER SUBPARAGRAPH (I), THE POSITIVE PERCENTAGE
CHANGE SHALL BE MULTIPLIED BY THE AMOUNT SET FORTH IN
PARAGRAPH (1), AND THE PRODUCT SHALL BE ADDED TO THE
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AMOUNT SET FORTH IN PARAGRAPH (1), AND THE SUM SHALL
BE THE PRELIMINARY ADJUSTED PER-STUDENT TUITION RATE.
(B) THE PRELIMINARY ADJUSTED PER-STUDENT TUITION
RATE SHALL BE ROUNDED TO THE NEAREST $100 TO
DETERMINE THE FINAL ADJUSTED PER-STUDENT TUITION
RATE.
(IV) IN EACH SUCCESSIVE YEAR IN WHICH THERE IS A
POSITIVE PERCENTAGE CHANGE IN THE CPI-U FOR THE UNITED
STATES CITY AVERAGE, THE POSITIVE PERCENTAGE CHANGE SHALL
BE MULTIPLIED BY THE MOST RECENT PRELIMINARY PER-STUDENT
TUITION RATE, AND THE PRODUCT SHALL BE ADDED TO THE
PRELIMINARY ADJUSTED PER-STUDENT TUITION RATE OF THE
PRIOR YEAR TO CALCULATE THE PRELIMINARY ADJUSTED PER-
STUDENT TUITION RATE FOR THE CURRENT YEAR. THE SUM
THEREOF SHALL BE ROUNDED TO THE NEAREST $100 TO DETERMINE
THE NEW FINAL ADJUSTED PER-STUDENT TUITION RATE.
(V) THE DETERMINATIONS AND ADJUSTMENTS REQUIRED
UNDER THIS SUBPARAGRAPH SHALL BE MADE IN THE PERIOD
BETWEEN APRIL 1, 2017, AND APRIL 30, 2017, AND ANNUALLY
BETWEEN APRIL 1 AND APRIL 30 OF EACH YEAR THEREAFTER.
(VI) THE FINAL ADJUSTED PER-STUDENT TUITION RATES
OBTAINED UNDER SUBPARAGRAPHS (III) AND (IV) SHALL BECOME
EFFECTIVE JULY 1 FOR THE SCHOOL YEAR FOLLOWING THE YEAR
IN WHICH THE DETERMINATION REQUIRED UNDER THIS PARAGRAPH
IS MADE.
(VII) THE DEPARTMENT SHALL PUBLISH NOTICE IN THE
PENNSYLVANIA BULLETIN PRIOR TO JULY 1 OF EACH YEAR OF THE
ANNUAL PERCENTAGE CHANGE DETERMINED UNDER SUBPARAGRAPH
(I) AND THE UNADJUSTED OR FINAL ADJUSTED PER-STUDENT
TUITION RATE DETERMINED UNDER SUBPARAGRAPHS (III) AND
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(IV) FOR THE SCHOOL YEAR FOLLOWING THE YEAR IN WHICH THE
PER-STUDENT TUITION RATE IS DETERMINED. THE NOTICE SHALL
INCLUDE A WRITTEN AND ILLUSTRATIVE EXPLANATION OF THE
CALCULATIONS PERFORMED BY THE DEPARTMENT IN ESTABLISHING
THE UNADJUSTED OR FINAL ADJUSTED PER-STUDENT TUITION RATE
UNDER THIS SECTION FOR THE ENSUING CALENDAR YEAR.
(VIII) THE ANNUAL INCREASE IN THE PRELIMINARY
ADJUSTED PER-STUDENT TUITION RATE DETERMINED UNDER
SUBPARAGRAPHS (III) AND (IV) SHALL NOT EXCEED 3%.
(B) PAYMENT OF REGULAR EDUCATION TUITION RATE.--
(1) THE DEPARTMENT SHALL PAY 60% OF THE PER-STUDENT
REGULAR EDUCATION TUITION RATE ESTABLISHED UNDER SUBSECTION
(A) FOR EACH STUDENT ENROLLED IN THE RECOVERY HIGH SCHOOL
UNDER THE PROGRAM.
(2) THE RESIDENT SCHOOL DISTRICT OF EACH STUDENT
ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM SHALL
PAY THE AMOUNT OF THE PER-STUDENT TUITION RATE ESTABLISHED
UNDER SUBSECTION (A) THAT REMAINS FOLLOWING PAYMENT BY THE
DEPARTMENT UNDER PARAGRAPH (1).
(C) SPECIAL EDUCATION.--FOR EACH STUDENT ENROLLED IN THE
RECOVERY HIGH SCHOOL UNDER THE PROGRAM WHO IS SUBJECT TO AN IEP,
THE STUDENT'S RESIDENT SCHOOL DISTRICT SHALL, IN ADDITION TO THE
REGULAR EDUCATION TUITION PAYMENT MADE ON BEHALF OF THE STUDENT:
(1) PROVIDE THE STUDENT WITH SPECIAL EDUCATION SERVICES
REQUIRED UNDER THE STUDENT'S IEP, AT THE RESIDENT SCHOOL
DISTRICT'S COST; OR
(2) MAKE PAYMENT TO THE RECOVERY HIGH SCHOOL FOR SPECIAL
EDUCATION SERVICES PROVIDED TO THE STUDENT BY THE RECOVERY
HIGH SCHOOL.
(D) TREATMENT OF SCHOOL DISTRICT SUBSIDIES.--A STUDENT
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ENROLLED IN A RECOVERY HIGH SCHOOL UNDER THE PROGRAM SHALL BE
INCLUDED IN THE AVERAGE DAILY MEMBERSHIP OF THE STUDENT'S
DISTRICT OF RESIDENCE FOR THE PURPOSE OF PROVIDING BASIC
EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION FUNDING UNDER
ARTICLE XXV.
SECTION 1406-A. TERM OF DRUG AND ALCOHOL RECOVERY HIGH SCHOOL
PILOT PROGRAM.
(A) ENROLLMENT OF NEW STUDENTS.--UNLESS THE PROGRAM IS
PERMANENTLY ESTABLISHED BY ACTION OF THE GENERAL ASSEMBLY, THE
RECOVERY HIGH SCHOOL SHALL NOT ENROLL NEW STUDENTS UNDER THE
PROGRAM AFTER JUNE 30, 2020.
(B) CONTINUED ENROLLMENT.--IF THE PROGRAM IS NOT PERMANENTLY
ESTABLISHED BY ACTION OF THE GENERAL ASSEMBLY ON OR BEFORE JUNE
30, 2020, A STUDENT ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER
THE PROGRAM AS OF JUNE 30, 2020, MAY REMAIN ENROLLED IN THE
RECOVERY HIGH SCHOOL UNDER THE PROGRAM UNTIL THE EARLIER OF THE
FOLLOWING:
(1) THE STUDENT'S GRADUATION FROM THE RECOVERY HIGH
SCHOOL.
(2) THE STUDENT'S WITHDRAWAL FROM THE RECOVERY HIGH
SCHOOL.
(3) THE STUDENT'S COMPLETION OF FOUR YEARS OF ENROLLMENT
IN THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM.
SECTION 1407-A. REPORTING.
(A) REPORT BY RECOVERY HIGH SCHOOL.--BY AUGUST 31, 2018, AND
BY AUGUST 31 OF EACH YEAR THEREAFTER, THE RECOVERY HIGH SCHOOL
SHALL SUBMIT ANNUALLY TO THE SECRETARY OF EDUCATION, THE
SECRETARY OF DRUG AND ALCOHOL PROGRAMS, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE,
THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
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COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE PUBLIC HEALTH AND WELFARE COMMITTEE
OF THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE HEALTH COMMITTEE OF THE HOUSE OF REPRESENTATIVES A WRITTEN
REPORT CONCERNING THE PROGRAM. THE REPORT SHALL INCLUDE, BUT NOT
BE LIMITED TO, ALL OF THE FOLLOWING, SUBJECT TO THE REQUIREMENTS
OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC
LAW 90-247, 20 U.S.C. ยง 1232G) AND TO THE EXTENT SUCH REPORTING
DOES NOT REVEAL IDENTIFYING INFORMATION CONCERNING ANY
INDIVIDUAL STUDENT:
(1) THE NUMBER OF STUDENTS WHO:
(I) ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER THE
PROGRAM FOR THE PRECEDING REPORTING PERIOD.
(II) REQUESTED ENROLLMENT IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM BUT WERE DENIED PARTICIPATION IN
THE PROGRAM FOR THE PRECEDING REPORTING PERIOD.
(III) ENROLLED IN THE RECOVERY HIGH SCHOOL BUT WHO
WERE NOT PARTICIPANTS IN THE PROGRAM FOR THE PRECEDING
REPORTING PERIOD.
(2) THE NUMBER AND PERCENTAGE OF STUDENTS ENROLLED IN
THE RECOVERY HIGH SCHOOL DURING THE PREVIOUS REPORTING PERIOD
TO WHOM EACH OF THE FOLLOWING APPLY, REPORTED SEPARATELY
BASED ON WHETHER OR NOT THE STUDENTS WERE PARTICIPANTS IN THE
PROGRAM:
(I) EARNED A HIGH SCHOOL DIPLOMA FROM THE RECOVERY
HIGH SCHOOL.
(II) WITHDREW FROM THE RECOVERY HIGH SCHOOL AND
REQUESTED TRANSFER OF EDUCATIONAL RECORDS TO ANOTHER
SCHOOL.
(III) WITHDREW FROM THE RECOVERY HIGH SCHOOL WITHOUT
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REQUESTING TRANSFER OF EDUCATIONAL RECORDS TO ANOTHER
SCHOOL.
(IV) MAINTAINED ENROLLMENT IN THE RECOVERY HIGH
SCHOOL IN GOOD STANDING.
(3) A NARRATIVE DESCRIPTION OF THE ACADEMIC OUTCOMES FOR
STUDENTS ENROLLED IN THE RECOVERY HIGH SCHOOL, INCLUDING
AGGREGATE ASSESSMENT RESULTS, REPORTED SEPARATELY BASED ON
WHETHER OR NOT THE STUDENTS WERE PARTICIPANTS IN THE PROGRAM.
(4) A NARRATIVE DESCRIPTION OF STUDENT SUCCESS IN
MANAGING ISSUES CONCERNING DRUG OR ALCOHOL ABUSE OR
ADDICTION, REPORTED SEPARATELY BASED ON WHETHER OR NOT THE
STUDENTS WERE PARTICIPANTS IN THE PROGRAM.
(5) RECOMMENDATIONS FOR IMPROVEMENTS TO THE PROGRAM.
(6) ANY INFORMATION REGARDING THE PROGRAM THAT THE
RECOVERY HIGH SCHOOL DETERMINES WOULD BE USEFUL TO THE
GENERAL ASSEMBLY, THE DEPARTMENT OF EDUCATION AND THE
DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS IN DETERMINING
WHETHER CHANGES TO THE PROGRAM ARE NECESSARY AND WHETHER THE
PROGRAM SHOULD BE CONTINUED.
(B) REPORT BY DEPARTMENT OF EDUCATION AND DEPARTMENT OF DRUG
AND ALCOHOL PROGRAMS.--BY DECEMBER 31, 2019, THE DEPARTMENT OF
EDUCATION AND THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS,
JOINTLY, SHALL SUBMIT TO THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE, THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE
OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE PUBLIC HEALTH AND WELFARE COMMITTEE OF THE
SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
HEALTH COMMITTEE OF THE HOUSE OF REPRESENTATIVES A WRITTEN
REPORT ASSESSING THE SUCCESS OF THE PROGRAM AND MAKING
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RECOMMENDATIONS REGARDING THE POSSIBLE EXTENSION AND EXPANSION
OF THE PROGRAM, INCLUDING A PROPOSED TIMELINE FOR ANY POTENTIAL
EXPANSION.
SECTION 1408-A. AUDIT REQUIRED.
THE RECOVERY HIGH SCHOOL SHALL SUBMIT ANNUALLY TO THE
SECRETARY OF EDUCATION, THE SECRETARY OF DRUG AND ALCOHOL
PROGRAMS, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
EDUCATION COMMITTEE OF THE SENATE, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH COMMITTEE OF
THE HOUSE OF REPRESENTATIVES A COMPLETE CERTIFIED AUDIT OF THE
RECOVERY HIGH SCHOOL'S PARTICIPATION IN THE PROGRAM. THE AUDIT
SHALL BE CONDUCTED BY A QUALIFIED INDEPENDENT CERTIFIED PUBLIC
ACCOUNTANT UNDER GENERALLY ACCEPTED AUDIT STANDARDS OF THE
GOVERNMENTAL ACCOUNTING STANDARDS BOARD.
ARTICLE XV-H
ADMINISTRATIVE PARTNERSHIPS
BETWEEN SCHOOL ENTITIES
SUBARTICLE A
PRELIMINARY PROVISIONS
SECTION 1501-H. LEGISLATIVE INTENT.
IT IS THE INTENT OF THE GENERAL ASSEMBLY TO HELP SCHOOL
ENTITIES SAVE MONEY AND OPERATE MORE EFFICIENTLY BY ENCOURAGING
PARTNERSHIPS OF ROUTINE ADMINISTRATIVE FUNCTIONS BETWEEN SCHOOL
ENTITIES. IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY TO
PROVIDE FOR ADDITIONAL OPPORTUNITIES BETWEEN SCHOOL ENTITIES TO
COOPERATIVELY DEVELOP JOINT OR SHARED EDUCATIONAL PROGRAMS FOR
STUDENTS AND EDUCATORS.
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SECTION 1502-H. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"GRANT PROGRAM." THE ADMINISTRATIVE PARTNERSHIP GRANT PILOT
PROGRAM ESTABLISHED UNDER THIS ARTICLE.
"SCHOOL ENTITY." A SCHOOL DISTRICT OR AN INTERMEDIATE UNIT.
"SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.
SUBARTICLE B
ADMINISTRATIVE PROVISIONS
SECTION 1511-H. AUTHORIZATION OF ADMINISTRATIVE PARTNERSHIPS.
CONSISTENT WITH THE PROVISIONS OF 53 PA.C.S. CH. 23 (RELATING
TO INTERGOVERNMENTAL COOPERATION), TWO OR MORE SCHOOL ENTITIES
MAY ENTER INTO AN AGREEMENT TO SHARE THE FOLLOWING BETWEEN THE
SCHOOL ENTITIES:
(1) A SUPERINTENDENT OR ASSISTANT SUPERINTENDENT, DULY
ELECTED IN ACCORDANCE WITH LAW, FOR THE GENERAL SUPERVISION
AND DIRECTION OF ALL OPERATIONS OF EACH DISTRICT AND TO
PERFORM FOR EACH DISTRICT THOSE DUTIES IMPOSED UPON A
SUPERINTENDENT OR ASSISTANT SUPERINTENDENT UNDER THIS ACT.
(2) SUPERINTENDENT OFFICE PERSONNEL TO PERFORM FOR EACH
DISTRICT THOSE DUTIES IMPOSED ON SUPERINTENDENT OFFICE
PERSONNEL UNDER THIS ACT.
(3) A BUSINESS ADMINISTRATOR, BUSINESS MANAGER OR OTHER
BUSINESS OFFICE PERSONNEL WHO PERFORM THE BUSINESS MANAGEMENT
RESPONSIBILITIES UNDER SECTION 433 AND OTHER DUTIES AS
IMPOSED BY THE BOARD OF SCHOOL DIRECTORS OR THE GOVERNING
BODY OF THE INTERMEDIATE UNIT, INCLUDING, BUT NOT LIMITED TO,
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FINANCIAL AND BUDGETING SERVICES, RECEIVING AND DISBURSING
FUNDS, PAYROLL SERVICES, FINANCIAL ACCOUNTING, INTERNAL
AUDITING AND PROPERTY ACCOUNTING SERVICES FOR EACH DISTRICT.
(4) THE MANAGEMENT OF SCHOOL FACILITIES, INCLUDING
DIRECTING AND SUPERVISING OF THE OPERATION AND MAINTENANCE OF
SCHOOL BUILDINGS AND GROUNDS.
(5) THE MANAGEMENT OF PURCHASING SERVICES, INCLUDING
PURCHASING SUPPLIES, FURNITURE, EQUIPMENT AND MATERIALS USED
IN THE OPERATION OF A SCHOOL ENTITY.
(6) THE MANAGEMENT AND SHARING OF TECHNOLOGY RESOURCES,
INCLUDING INFORMATION TECHNOLOGIES, NETWORKS, HARDWARE OR
PERSONNEL.
(7) OTHER MANAGERIAL FUNCTIONS AS DEEMED APPROPRIATE BY
TWO OR MORE SCHOOL ENTITIES TO SHARE AS APPROVED BY THE
SECRETARY.
SUBARTICLE C
ADMINISTRATIVE PARTNERSHIP
GRANT PILOT PROGRAM
SECTION 1521-H. ESTABLISHMENT.
THE ADMINISTRATIVE PARTNERSHIP GRANT PILOT PROGRAM IS
ESTABLISHED IN THE DEPARTMENT TO PROVIDE FINANCIAL ASSISTANCE TO
FACILITATE THE SHARING OF ADMINISTRATIVE FUNCTIONS BETWEEN
SCHOOL ENTITIES AS AUTHORIZED UNDER SUBARTICLE B.
SECTION 1522-H. APPLICATION.
THE DEPARTMENT SHALL DEVELOP A PROCEDURE FOR AWARDING GRANTS
UNDER THE PROGRAM. TWO OR MORE SCHOOL ENTITIES MAY APPLY FOR A
GRANT UNDER THE PROGRAM AS PRESCRIBED BY THE DEPARTMENT. THE
APPLICATION AT A MINIMUM SHALL CONTAIN THE FOLLOWING:
(1) A DETAILED DESCRIPTION OF THE ADMINISTRATIVE
FUNCTIONS THE SCHOOL ENTITIES INTEND TO SHARE UNDER
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SUBARTICLE B.
(2) THE AMOUNT OF GRANT FUNDING BEING REQUESTED.
(3) AN ESTIMATE OF THE COST SAVINGS OR OTHER
EFFICIENCIES THAT THE PARTNERSHIP WILL ACHIEVE.
(4) ANY ADDITIONAL BENEFITS TO STUDENTS AND EDUCATORS.
(5) ADOPTION OF A RESOLUTION BY THE GOVERNING BODIES OF
THE SCHOOL ENTITIES APPROVING THE PARTNERSHIP DESCRIBED IN
PARAGRAPH (1).
SECTION 1523-H. GRANT AWARDS.
(A) GENERAL RULE.--THE SECRETARY SHALL MAKE NO MORE THAN
FOUR GRANT AWARDS EACH FISCAL YEAR IN AN AMOUNT NOT TO EXCEED
$250,000 PER GRANT AWARD.
(B) GRANT PRIORITIZATION.--THE SECRETARY SHALL GIVE PRIORITY
TO AN APPLICATION FOR GRANT FUNDING UNDER THIS SUBARTICLE TO
THOSE SCHOOL DISTRICTS WHO HAVE APPLIED AND DEMONSTRATED AN
EXISTING PARTNERSHIP CONSISTENT WITH THIS ARTICLE.
(C) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT THE SECRETARY FROM MAKING A GRANT AWARD TO
THE SAME APPLICANTS IN SUBSEQUENT YEARS, PROVIDED, HOWEVER, THAT
NO SCHOOL ENTITY MAY BE ELIGIBLE TO RECEIVE MORE THAN THREE
GRANT AWARDS.
SECTION 1524-H. FUNDS.
THE DEPARTMENT MAY USE THE FOLLOWING TO AWARD GRANTS UNDER
THE PROGRAM:
(1) APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY FOR THE
PROGRAM.
(2) FUNDING APPROPRIATED TO THE DEPARTMENT FOR GENERAL
GOVERNMENT OPERATIONS.
(3) UP TO $250,000 ANNUALLY OF UNDISTRIBUTED FUNDS NOT
EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR
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GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT TO AWARD GRANTS.
THE FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF THE BUDGET
TO A RESTRICTED ACCOUNT AS NECESSARY TO AWARD GRANTS AND,
WHEN TRANSFERRED, ARE HEREBY APPROPRIATED TO CARRY OUT THE
PROVISIONS OF THIS SUBARTICLE.
SECTION 1525-H. TECHNICAL ASSISTANCE.
THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO SCHOOL
ENTITIES APPLYING TO SHARE ADMINISTRATIVE FUNCTIONS UNDER THIS
ARTICLE.
SECTION 1526-H. REPORTS BY SCHOOL ENTITIES.
SCHOOL ENTITIES THAT ARE AWARDED A GRANT UNDER THIS
SUBARTICLE SHALL MAKE A PRELIMINARY REPORT TO THE DEPARTMENT
DETAILING THE PROGRESS MADE TOWARD ACHIEVING THE SHARED SERVICES
OUTLINED IN ITS GRANT APPLICATION 180 DAYS FOLLOWING A GRANT
AWARD AND MAKE A FINAL REPORT NO LATER THAN 60 DAYS AFTER THE
COMPLETION OF THE ADMINISTRATIVE PARTNERSHIP OUTLINED IN THE
GRANT APPLICATION. THE REPORTS REQUIRED UNDER THIS SECTION SHALL
INCLUDE, AT A MINIMUM, THE FOLLOWING:
(1) ACTUAL COST SAVINGS, EITHER DIRECTLY OR THROUGH
AVOIDED COSTS, ACHIEVED BY THE SHARING OF SERVICES AUTHORIZED
UNDER THIS ARTICLE.
(2) A DESCRIPTION OF HOW OPERATIONAL EFFICIENCIES WERE
IMPROVED AS A RESULT OF THE SHARING OF SERVICES AUTHORIZED
UNDER THIS ARTICLE.
(3) INFORMATION RELATING TO ANY IMPEDIMENTS THE
DISTRICTS EXPERIENCED IN SUCCESSFULLY IMPLEMENTING THE
SHARING OF SERVICES UNDER THIS ARTICLE.
(4) INFORMATION RELATING TO ANY ENHANCEMENTS OR
ADDITIONS TO EDUCATIONAL PROGRAMMING OR IMPROVEMENTS IN
STUDENT ACHIEVEMENT AS A RESULT OF THE SHARING OF SERVICES
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AUTHORIZED UNDER THIS ARTICLE.
(5) ANY OTHER INFORMATION A SCHOOL ENTITY MAY DEEM
NECESSARY.
SECTION 1527-H. REPORTS BY DEPARTMENT.
THE DEPARTMENT SHALL COMPILE THE REPORTS IT RECEIVES UNDER
SECTION 1526-H AND TRANSMIT THEM TO THE CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON OF THE
EDUCATION COMMITTEE OF THE SENATE, THE CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE HOUSE OF
REPRESENTATIVES ANNUALLY BEGINNING NO LATER THAN JUNE 30, 2017.
ARTICLE XV-I
E-CHIEVEMENT PROGRAM
SECTION 1501-I. SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO THE E-CHIEVEMENT PROGRAM.
SECTION 1502-I. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"HYBRID LEARNING." AN INSTRUCTIONAL STRATEGY THAT BLENDS
DIGITAL RESOURCES WITH CLASSROOM TEACHING . THE TERM SHALL NOT
INCLUDE INSTRUCTION THROUGH A DISTANCE EDUCATION PROGRAM.
"NONPUBLIC SCHOOL." A NONPROFIT SCHOOL IN WHICH A RESIDENT
OF THIS COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY SCHOOL
ATTENDANCE REQUIREMENTS OF THIS ACT AND WHICH MEETS THE
REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC
LAW 88-352, 78 STAT. 241). THE TERM SHALL NOT INCLUDE A PUBLIC
SCHOOL LOCATED WITHIN THIS COMMONWEALTH.
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"PROGRAM." THE E-CHIEVEMENT PROGRAM ESTABLISHED UNDER THIS
ARTICLE.
"SCHOOL ENTITY." ANY OF THE FOLLOWING:
(1) A SCHOOL DISTRICT.
(2) AN INTERMEDIATE UNIT.
(3) AN AREA VOCATIONAL-TECHNICAL SCHOOL.
(4) A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL, AS
DEFINED IN SECTION 1703-A.
"STATE A SSESSMENT." ANY OF THE FOLLOWING:
(1) THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT.
(2) THE KEYSTONE EXAMS.
(3) A TEST, EXCEPT A TEST LISTED UNDER PARAGRAPH (1) OR
(2), ESTABLISHED OR APPROVED BY THE STATE BOARD OF EDUCATION
OR GENERAL ASSEMBLY TO MEET THE REQUIREMENTS OF SECTION 2603-
B(D)(10)(I), AND REQUIRED UNDER THE EVERY STUDENT SUCCEEDS
ACT (PUBLIC LAW 114-95, 129 STAT. 1802) OR ITS SUCCESSOR
STATUTE.
(4) A TEST REQUIRED TO ACHIEVE OTHER STANDARDS
ESTABLISHED BY THE DEPARTMENT OF EDUCATION FOR A PUBLIC
SCHOOL OR SCHOOL DISTRICT UNDER 22 PA. CODE ยง 403.3 (RELATING
TO SINGLE ACCOUNTABILITY SYSTEM).
SECTION 1503-I. E-CHIEVEMENT PROGRAM.
(A) ESTABLISHMENT.--THE E-CHIEVEMENT PROGRAM IS ESTABLISHED
IN THE DEPARTMENT TO AWARD GRANTS ON A COMPETITIVE BASIS TO
ELIGIBLE SCHOOL ENTITIES TO THE EXTENT THAT FUNDS ARE
APPROPRIATED FOR THIS PURPOSE.
(B) ELIGIBILITY.--
(1) A SCHOOL ENTITY MAY APPLY TO THE DEPARTMENT FOR A
PLANNING GRANT OR IMPLEMENTATION GRANT UNDER THE PROGRAM.
S CHOOL ENTITIES MAY SUBMIT A JOINT APPLICATION.
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(2) A NONPUBLIC SCHOOL MAY PARTICIPATE IN THE GRANT
PROCESS THROUGH A PARTNERSHIP WITH A SCHOOL ENTITY FOR THE
PLANNING OR IMPLEMENTATION OF HYBRID LEARNING.
(3) THE DEPARTMENT SHALL ESTABLISH CRITERIA TO DETERMINE
WHETHER A SCHOOL ENTITY IS ELIGIBLE TO RECEIVE A GRANT UNDER
THIS ARTICLE AND SHALL GIVE PRIORITY TO SCHOOL ENTITIES THAT
SUBMIT A JOINT APPLICATION.
(C) APPLICATIONS.--A SCHOOL ENTITY SHALL SUBMIT AN
APPLICATION, IN A FORM DEEMED ACCEPTABLE BY THE DEPARTMENT, TO
THE DEPARTMENT IN ORDER TO BE AWARDED A PLANNING GRANT OR
IMPLEMENTATION GRANT FROM THE DEPARTMENT UNDER THIS ARTICLE. THE
GRANT APPLICATION MUST DESCRIBE THE MANNER IN WHICH THE
APPLICANT WILL USE HYBRID LEARNING TO IMPROVE STUDENT
ACHIEVEMENT.
(D) GRANT AGREEMENT.--AN ELIGIBLE SCHOOL ENTITY THAT IS
AWARDED A PLANNING GRANT OR IMPLEMENTATION GRANT UNDER THIS
ARTICLE SHALL EXECUTE A GRANT AGREEMENT WITH THE DEPARTMENT THAT
PROVIDES FOR THE FOLLOWING:
(1) THE SCHOOL ENTITY WILL PROVIDE A CASH OR IN-KIND
LOCAL MATCH OF MONEY IN SUPPORT OF HYBRID LEARNING WITHIN THE
SCHOOL ENTITY OF AT LEAST 25% OF THE TOTAL PROJECT COST.
(2) THE SCHOOL ENTITY WILL WORK COLLABORATIVELY TO SHARE
LESSONS AND BEST PRACTICES WITH OTHER SCHOOL ENTITIES .
(3) THE SCHOOL ENTITY WILL REPORT TO THE DEPARTMENT AND
THE GENERAL ASSEMBLY, AS REQUESTED, HYBRID LEARNING OUTCOMES,
WHICH SHALL INCLUDE THE FOLLOWING :
(I) STUDENT PERFORMANCE AND ACADEMIC GROWTH ON STATE
AND LOCAL ASSESSMENTS.
(II) SCHOOL DISCIPLINE REPORTS.
(III) SURVEY RESPONSES REGARDING THE IMPACT OF
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HYBRID LEARNING ON STUDENT ENGAGEMENT, TECHNOLOGY SKILLS
ACQUISITION AND COMPETENCY, TEACHER EFFECTIVENESS AND
SCHOOL PRODUCTIVITY.
(E) USE OF GRANTS.--
(1) A GRANT ISSUED BY THE DEPARTMENT UNDER THIS ARTICLE
SHALL BE USED FOR COMPONENTS OF HYBRID LEARNING, INCLUDING,
BUT NOT LIMITED TO, DIGITAL INSTRUCTIONAL CONTENT, CLASSROOM
MANAGEMENT TOOLS, OPERATIONS SUPPORT, TECHNOLOGY AND
EQUIPMENT, PROFESSIONAL DEVELOPMENT, INSTRUCTIONAL COACHING,
CONSULTING SERVICES AND PLANNING ASSISTANCE.
(2) A GRANT ISSUED BY THE DEPARTMENT UNDER THIS ARTICLE
MAY NOT BE USED FOR:
(I) STAFF COMPENSATION, EXCEPT TO THE EXTENT
NECESSARY FOR SUBSTITUTE TEACHERS OR THE COST OF
PROFESSIONAL DEVELOPMENT ACTIVITIES RELATED TO HYBRID
LEARNING AS DEFINED IN THE APPLICATION.
(II) THE PURCHASE OF COMPUTER HARDWARE AND
TECHNOLOGY EQUIPMENT, EXCEPT THAT A SCHOOL ENTITY AWARDED
AN IMPLEMENTATION GRANT MAY USE UP TO 25% OF THE GRANT
AWARD FOR THE PURCHASE OF COMPUTER HARDWARE AND
TECHNOLOGY EQUIPMENT.
SECTION 1504-I. PLANNING GRANTS.
(A) GENERAL RULE.--A PLANNING GRANT FROM THE PROGRAM MAY BE
ISSUED TO ELIGIBLE SCHOOL ENTITIES THAT ARE INTERESTED IN HYBRID
LEARNING, BUT DO NOT HAVE COMPREHENSIVE PLANS TO DELIVER HYBRID
LEARNING.
(B) LIMITATION ON AMOUNT.--A PLANNING GRANT UNDER THIS
ARTICLE MAY NOT EXCEED $50,000 FOR A SCHOOL ENTITY OR $50,000
FOR EACH SCHOOL ENTITY THAT SUBMITS A JOINT APPLICATION. A
SCHOOL ENTITY MAY NOT RECEIVE MORE THAN ONE PLANNING GRANT
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WITHIN A FIVE-YEAR PERIOD.
(C) FOR EACH NEW AWARD YEAR, THE DEPARTMENT SHALL ANNUALLY
ADJUST THE AWARD AMOUNTS UNDER SUBSECTION (B) TO REFLECT ANY
UPWARD CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY, DELAWARE AND
MARYLAND AREA.
(D) REQUIRED INFORMATION FOR APPLICATION.--A SCHOOL ENTITY
THAT APPLIES FOR A PLANNING GRANT SHALL SUBMIT THE FOLLOWING
INFORMATION IN THE GRANT APPLICATION:
(1) A STATEMENT OF OBJECTIVES, WHICH SHALL INCLUDE
STRATEGIES TO IMPROVE ACADEMIC ACHIEVEMENT AND INCREASE
STUDENT ENGAGEMENT THROUGH THE FOLLOWING:
(I) DELIVERY OF LESSONS IN SMALL GROUPS.
(II) USE OF DATA TO DIFFERENTIATE INSTRUCTION.
(III) ENCOURAGEMENT OF INDIVIDUALLY PACED LEARNING.
(IV) APPLICATION OF MULTIPLE EDUCATIONAL
METHODOLOGIES.
(2) AN OVERVIEW OF THE PLANNING PROCESS.
(3) THE PROPOSED PLANNING BUDGET, INCLUDING THE LOCAL
MATCH.
(4) A DESCRIPTION OF THE PROFESSIONAL DEVELOPMENT THAT
WILL OCCUR DURING THE PLANNING PERIOD.
(5) A DESCRIPTION OF HOW THE SCHOOL ENTITY WILL BE ABLE
TO CONTINUE TO PROVIDE HYBRID LEARNING WITHOUT FUNDING FROM
THE COMMONWEALTH.
SECTION 1505-I. IMPLEMENTATION GRANTS.
(A) GENERAL RULE.--AN IMPLEMENTATION GRANT FROM THE PROGRAM
MAY BE ISSUED TO ELIGIBLE SCHOOL ENTITIES THAT AT THE TIME OF
APPLICATION:
(1) HAVE A COMPREHENSIVE PLAN FOR HYBRID LEARNING
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DESIGNS AND ARE READY TO IMPLEMENT HYBRID LEARNING WITHIN THE
SCHOOL YEAR IN WHICH THE SCHOOL ENTITY RECEIVES THE
IMPLEMENTATION GRANT; OR
(2) DELIVER HYBRID LEARNING AND INTEND TO EXPAND HYBRID
LEARNING.
(B) LIMITATION ON AMOUNT.--AN IMPLEMENTATION GRANT UNDER
THIS ARTICLE MAY NOT EXCEED $250,000 ANNUALLY FOR A SCHOOL
ENTITY OR $250,000 ANNUALLY FOR EACH SCHOOL ENTITY THAT SUBMITS
A JOINT APPLICATION. A SCHOOL ENTITY MAY NOT RECEIVE MORE THAN
ONE IMPLEMENTATION GRANT PER YEAR AND MAY NOT RECEIVE MORE THAN
A TOTAL OF THREE IMPLEMENTATION GRANTS WITHIN A FIVE-YEAR
PERIOD. A SCHOOL ENTITY SHALL SUBMIT A NEW GRANT APPLICATION, AS
REQUIRED UNDER SECTION 1503-I(C), IN ORDER TO RENEW AN
IMPLEMENTATION GRANT.
(C) FOR EACH NEW AWARD YEAR, THE DEPARTMENT SHALL ANNUALLY
ADJUST THE AWARD AMOUNTS UNDER SUBSECTION (B) TO REFLECT ANY
UPWARD CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY, DELAWARE AND
MARYLAND AREA.
(D) REQUIRED INFORMATION FOR APPLICATION.--A SCHOOL ENTITY
THAT APPLIES FOR AN IMPLEMENTATION GRANT SHALL SUBMIT THE
FOLLOWING INFORMATION IN THE GRANT APPLICATION:
(1) A STATEMENT OF OBJECTIVES, WHICH SHALL INCLUDE
STRATEGIES TO IMPROVE ACADEMIC ACHIEVEMENT AND INCREASE
STUDENT ENGAGEMENT THROUGH THE FOLLOWING:
(I) DELIVERY OF LESSONS IN SMALL GROUPS.
(II) USE OF DATA TO DIFFERENTIATE INSTRUCTION.
(III) ENCOURAGEMENT OF INDIVIDUALLY PACED LEARNING.
(IV) APPLICATION OF MULTIPLE EDUCATIONAL
METHODOLOGIES.
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(2) A DETAILED HYBRID LEARNING DESIGN.
(3) AN OVERVIEW OF THE IMPLEMENTATION OR EXPANSION PLAN
FOR HYBRID LEARNING.
(4) THE PROPOSED HYBRID LEARNING BUDGET, INCLUDING THE
LOCAL MATCH.
(5) A SUMMARY OF THE PROFESSIONAL DEVELOPMENT PROGRAM
THAT WILL OCCUR DURING THE IMPLEMENTATION PERIOD.
(6) A DESCRIPTION OF HOW THE SCHOOL ENTITY WILL DEFINE
SUCCESS, MONITOR PROGRESS AND MAKE PROGRAM IMPROVEMENTS.
(7) WHERE APPLICABLE, A PROPOSAL FOR EXPANDING HYBRID
LEARNING, WHICH SHALL INCLUDE A PLAN FOR EACH STAGE OF THE
EXPANSION.
(8) A DESCRIPTION OF HOW THE SCHOOL ENTITY WILL BE ABLE
TO CONTINUE TO PROVIDE HYBRID LEARNING WITHOUT FUNDING FROM
THE COMMONWEALTH .
SECTION 1506-I. REQUIREMENTS FOR HYBRID LEARNING.
THE FOLLOWING SHALL APPLY:
(1) SCHOOL ENTITIES OFFERING HYBRID LEARNING SHALL
DEVELOP POLICIES RELATED TO THE FOLLOWING AND POST SUCH
POLICIES ON THE SCHOOL ENTITY'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE:
(I) GRADING RUBRICS.
(II) COURSE CREDIT.
(III) STUDENT PROMOTION AND GRADUATION.
(IV) ELIGIBILITY REQUIREMENTS FOR STUDENT
PARTICIPATION IN HYBRID LEARNING.
(2) A SCHOOL ENTITY OFFERING HYBRID LEARNING SHALL
ENSURE THAT EACH STUDENT ENROLLED IN THE SCHOOL ENTITY AND
PARTICIPATING IN HYBRID LEARNING IS OFFERED AT LEAST THE
MINIMUM HOURS OF INSTRUCTION REQUIRED UNDER 22 PA. CODE ยง
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11.3 (RELATING TO MINIMUM REQUIRED HOURS) .
SECTION 1507-I. ANNUAL REPORT.
BY NOVEMBER 30, 2017, AND BY NOVEMBER 30 OF EACH YEAR
THEREAFTER, THE DEPARTMENT SHALL PREPARE AND SUBMIT AN
ELECTRONIC REPORT TO THE GOVERNOR, THE APPROPRIATIONS COMMITTEE
OF THE SENATE, THE EDUCATION COMMITTEE OF THE SENATE, THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES REGARDING
THE EFFECTIVENESS AND ADMINISTRATION OF THE PROGRAM. THE REPORT
SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING:
(1) WHETHER THE PROGRAM IS MEETING THE GOAL OF
ENCOURAGING INDIVIDUALLY PACED LEARNING TO INCREASE STUDENT
ENGAGEMENT AND IMPROVE ACADEMIC PERFORMANCE.
(2) THE PROGRAM MEASURES DEVELOPED BY THE DEPARTMENT TO
MEASURE OUTCOMES OF THE PROGRAM, INCLUDING STUDENT ACADEMIC
PERFORMANCE.
(3) INDIVIDUAL SCHOOL ENTITY RESULTS FROM PARTICIPATION
IN THE PROGRAM CONSISTENT WITH THE REQUIREMENTS OF THE
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC LAW
90-247, 20 U.S.C. ยง 1232G) OR A SUCCESSOR STATUTE.
(4) R ECOMMENDATIONS FOR IMPROVEMENTS TO THE
ADMINISTRATION OF THE PROGRAM.
SECTION 1508-I. COLLECTIVE BARGAINING.
NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO
SUPERSEDE OR PREEMPT THE RIGHTS, REMEDIES AND PROCEDURES
AFFORDED TO SCHOOL EMPLOYEES OR LABOR ORGANIZATIONS UNDER
FEDERAL OR STATE LAW, INCLUDING THE ACT OF JULY 23, 1970
(P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT, OR
ANY PROVISION OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED
BETWEEN A SCHOOL ENTITY AND AN EXCLUSIVE REPRESENTATIVE OF THE
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EMPLOYEES IN ACCORDANCE WITH THAT ACT.
SECTION 1509-I. G RANT AWARDS RECEIVED BY SCHOOL DISTRICTS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A GRANT AWARD
RECEIVED BY A SCHOOL DISTRICT UNDER THIS ARTICLE SHALL NOT BE
INCLUDED IN THE SCHOOL DISTRICT'S BUDGETED TOTAL EXPENDITURE PER
AVERAGE DAILY MEMBERSHIP USED TO CALCULATE THE AMOUNT TO BE PAID
TO A CHARTER SCHOOL OR TO A REGIONAL CHARTER SCHOOL UNDER
SECTION 1725-A(A)(2) AND (3).
SECTION 1510-I. DISTRIBUTION OF FUNDING.
THE DEPARTMENT SHALL ENSURE THAT NOT LESS THAN 15% OF MONEY
APPROPRIATED OR MADE AVAILABLE TO THE DEPARTMENT FOR GRANTS
UNDER THIS ARTICLE ARE ALLOCATED TO SCHOOL ENTITIES THAT RANK IN
THE LOWEST 5% OF SCHOOL ENTITIES BASED ON COMBINED MATHEMATICS
AND READING SCORES FROM ANNUAL STATE ASSESSMENTS ADMINISTERED IN
THE PREVIOUS SCHOOL YEAR AND, TO THE GREATEST EXTENT POSSIBLE,
THE DEPARTMENT SHALL ENSURE THAT ALL MONEY APPROPRIATED OR MADE
AVAILABLE TO THE DEPARTMENT FOR GRANTS UNDER THIS ARTICLE IS
DISTRIBUTED GEOGRAPHICALLY THROUGHOUT THIS COMMONWEALTH.
SECTION 8. SECTION 1605 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1605. COURSES OF STUDY.--* * *
(C) (1) BEGINNING WITH THOSE STUDENTS GRADUATING FROM A
PUBLIC HIGH SCHOOL AT THE END OF THE 2016-2017 SCHOOL YEAR, AND
CONTINUING IN EACH SCHOOL YEAR THEREAFTER, A STUDENT WHO
SUCCESSFULLY COMPLETES A COURSE IN COMPUTER SCIENCE OR
INFORMATION TECHNOLOGY DURING GRADES NINE THROUGH TWELVE SHALL
BE PERMITTED TO APPLY UP TO ONE CREDIT EARNED FOR SUCCESSFUL
COMPLETION OF SUCH COURSE TO SATISFY THE STUDENT'S MATHEMATICS
OR SCIENCE CREDIT REQUIREMENT FOR GRADUATION, PROVIDED, THAT THE
GOVERNING BODY OF THE STUDENT'S PUBLIC HIGH SCHOOL SHALL HAVE
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DISCRETION TO DETERMINE THE GRADUATION CREDIT REQUIREMENT TO
WHICH THE CREDIT EARNED BY THE STUDENT SHALL BE APPLIED.
(2) AS USED IN THIS SUBSECTION, "PUBLIC HIGH SCHOOL" SHALL
MEAN A PUBLIC SCHOOL, INCLUDING A SCHOOL WITHIN A SCHOOL
DISTRICT, A CHARTER SCHOOL, A CYBER CHARTER SCHOOL, A REGIONAL
CHARTER SCHOOL OR AN AREA VOCATIONAL-TECHNICAL SCHOOL, THAT
OFFERS TWELFTH GRADE.
* * *
SECTION 8.1. SECTION 1703-A OF THE ACT IS AMENDED BY ADDING
A DEFINITION TO READ:
SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
"AID RATIO" AND "MARKET VALUE/INCOME AID RATIO" SHALL BE:
(1) THE AID RATIO AND MARKET VALUE/INCOME AID RATIO FOR THE
SCHOOL DISTRICT THAT GRANTED A CHARTER TO THE CHARTER SCHOOL;
(2) FOR A REGIONAL CHARTER SCHOOL, THE AID RATIO AND MARKET
VALUE/INCOME AID RATIO SHALL BE A COMPOSITE, AS DETERMINED BY
THE DEPARTMENT, BASED ON THE SCHOOL DISTRICTS THAT GRANTED THE
CHARTER; OR
(3) FOR A CYBER CHARTER SCHOOL, THE AID RATIO AND MARKET
VALUE/INCOME AID RATIO SHALL BE THAT OF THE SCHOOL DISTRICT IN
WHICH THE ADMINISTRATIVE OFFICES OF THE CYBER CHARTER SCHOOL ARE
LOCATED.
* * *
SECTION 8.2. SECTION 1724-A(C) OF THE ACT, AMENDED JUNE 30,
2011 (P.L.112, NO.24), IS AMENDED TO READ:
SECTION 1724-A. SCHOOL STAFF.--* * *
(C) ALL EMPLOYES OF A CHARTER SCHOOL SHALL BE ENROLLED IN
THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM IN THE SAME
MANNER AS SET FORTH IN 24 PA.C.S. ยง 8301(A) (RELATING TO
MANDATORY AND OPTIONAL MEMBERSHIP) UNLESS AT THE TIME OF THE
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APPLICATION FOR THE CHARTER SCHOOL THE SPONSORING DISTRICT OR
THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL HAS A RETIREMENT
PROGRAM WHICH COVERS THE EMPLOYES OR THE EMPLOYE IS CURRENTLY
ENROLLED IN ANOTHER RETIREMENT PROGRAM. [THE COMMONWEALTH SHALL
MAKE CONTRIBUTIONS ON BEHALF OF CHARTER SCHOOL EMPLOYES ENROLLED
IN THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM.] THE CHARTER
SCHOOL SHALL BE CONSIDERED A PUBLIC SCHOOL [DISTRICT] AS DEFINED
IN 24 PA.C.S. ยง 8102 (RELATING TO DEFINITIONS) AND SHALL MAKE
QUARTERLY PAYMENTS BY EMPLOYERS TO THE PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM AND MONTHLY PAYMENTS ON ACCOUNT OF SOCIAL
SECURITY AS ESTABLISHED UNDER 24 PA.C.S. PT. IV (RELATING TO
RETIREMENT FOR SCHOOL EMPLOYEES). [THE MARKET VALUE/INCOME AID
RATIO USED IN CALCULATING PAYMENTS AS PRESCRIBED IN THIS
SUBSECTION SHALL BE THE MARKET VALUE/INCOME AID RATIO FOR THE
SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, IN
THE CASE OF A REGIONAL CHARTER SCHOOL, SHALL BE A COMPOSITE
MARKET VALUE/INCOME AID RATIO FOR THE PARTICIPATING SCHOOL
DISTRICTS AS DETERMINED BY THE DEPARTMENT.] EXCEPT AS OTHERWISE
PROVIDED, EMPLOYES OF A CHARTER SCHOOL SHALL MAKE REGULAR MEMBER
CONTRIBUTIONS AS REQUIRED FOR ACTIVE MEMBERS UNDER 24 PA.C.S.
PT. IV. IF THE EMPLOYES OF THE CHARTER SCHOOL PARTICIPATE IN
ANOTHER RETIREMENT PLAN, THEN THOSE EMPLOYES SHALL HAVE NO
CONCURRENT CLAIM ON THE BENEFITS PROVIDED TO PUBLIC SCHOOL
EMPLOYES UNDER 24 PA.C.S. PT. IV. [FOR PURPOSES OF THIS
SUBSECTION, A CHARTER SCHOOL SHALL BE DEEMED TO BE A "PUBLIC
SCHOOL" AS DEFINED IN 24 PA.C.S. ยง 8102 (RELATING TO
DEFINITIONS).] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE
THE COMMONWEALTH TO MAKE PAYMENTS TO CHARTER SCHOOLS OR
CONTRIBUTIONS ON BEHALF OF CHARTER SCHOOL EMPLOYES FROM
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APPROPRIATED FUNDS, AS PROVIDED IN 24 PA.C.S. ยงยง 8326 (RELATING
TO CONTRIBUTIONS BY THE COMMONWEALTH) AND 8535 (RELATING TO
PAYMENTS TO SCHOOL ENTITIES BY COMMONWEALTH) ON ACCOUNT OF
CHARTER SCHOOL EMPLOYES ENROLLED IN THE PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM AND 24 PA.C.S. ยง 8329(A) (RELATING TO PAYMENTS
ON ACCOUNT OF SOCIAL SECURITY DEDUCTIONS FROM APPROPRIATIONS) ON
ACCOUNT OF SOCIAL SECURITY PAYMENTS MADE BY A CHARTER SCHOOL.
* * *
SECTION 8.3. SECTION 1725-A(A)(5) OF THE ACT, AMENDED OR
ADDED JUNE 19, 1997 (P.L.225, NO.22), JUNE 22, 2001 (P.L.530,
NO.35) AND JUNE 29, 2002 (P.L.524, NO.88), IS AMENDED TO READ:
SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING
FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER:
* * *
(5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE
(12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH,
WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A
CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP
OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF
PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION
FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO
MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE,
THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED
BY THE CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO
THE DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER
SCHOOL. NO LATER THAN OCTOBER 1 OF EACH YEAR, A CHARTER SCHOOL
SHALL SUBMIT TO THE SCHOOL DISTRICT OF RESIDENCE OF EACH STUDENT
FINAL DOCUMENTATION OF PAYMENT TO BE MADE BASED ON THE AVERAGE
DAILY MEMBERSHIP FOR THE STUDENTS ENROLLED IN THE CHARTER SCHOOL
FROM THE SCHOOL DISTRICT FOR THE PREVIOUS SCHOOL YEAR. IF A
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SCHOOL DISTRICT FAILS TO MAKE PAYMENT TO THE CHARTER SCHOOL, THE
SECRETARY SHALL DEDUCT AND PAY THE AMOUNT AS DOCUMENTED BY THE
CHARTER SCHOOL FROM ANY AND ALL STATE PAYMENTS MADE TO THE
DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER SCHOOL
FROM THE APPROPRIATIONS FOR THE FISCAL YEAR IN WHICH THE FINAL
DOCUMENTATION OF PAYMENT WAS SUBMITTED TO THE SCHOOL DISTRICT OF
RESIDENCE.
SECTION 9. SECTION 1855 OF THE ACT, AMENDED JUNE 22, 2001
(P.L.530, NO.35), IS AMENDED TO READ:
SECTION 1855. [VOCATIONAL] CAREER AND TECHNICAL EDUCATION
EQUIPMENT GRANTS.--(A) FOR THE 2000-2001 FISCAL YEAR AND THE
2001-2002 FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL
ESTABLISH A GRANT PROGRAM TO ASSIST AREA VOCATIONAL-TECHNICAL
SCHOOLS, SCHOOL DISTRICTS OFFERING APPROVED VOCATIONAL-TECHNICAL
PROGRAMS AND THE THADDEUS STEVENS STATE COLLEGE OF TECHNOLOGY IN
PURCHASING EQUIPMENT THAT MEETS INDUSTRY STANDARDS FOR THE
PURPOSE OF PROVIDING TRAINING TO STUDENTS. GRANTS SHALL BE
LIMITED TO THE PURCHASE OF EQUIPMENT IN THE FOLLOWING PROGRAM
AREAS: AUTOMOTIVE TECHNOLOGY, AUTO BODY, DIESEL TECHNOLOGY,
PRECISION MACHINE TECHNOLOGY, HEATING VENTILATION AND AIR
CONDITIONING, PRINTING, DENTAL ASSISTING, ELECTRONICS, BUILDING
TRADES AND OTHER PROGRAM AREAS APPROVED BY THE SECRETARY OF
EDUCATION. GRANTS SHALL BE AWARDED BY THE DEPARTMENT OF
EDUCATION ON A MATCHING BASIS, TWO STATE DOLLARS ($2) FOR EVERY
LOCAL DOLLAR ($1), AND SHALL BE LIMITED TO FUNDS APPROPRIATED
FOR THAT PURPOSE.
(B) FOR THE 2016-2017 SCHOOL YEAR AND FOR EACH SCHOOL YEAR
THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A GRANT
PROGRAM TO ASSIST EACH AREA VOCATIONAL-TECHNICAL SCHOOL AND
SCHOOL DISTRICT WITH AN APPROVED VOCATIONAL PROGRAM THAT APPLIES
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FOR AND IS APPROVED FOR FUNDING BY THE DEPARTMENT OF EDUCATION
TO PURCHASE EQUIPMENT THAT MEETS INDUSTRY STANDARDS. GRANTS
SHALL BE DISTRIBUTED IN AN AMOUNT TO BE CALCULATED AS FOLLOWS:
(1) A BASE AMOUNT OF THREE THOUSAND DOLLARS ($3,000).
(2) A PER-STUDENT AMOUNT CALCULATED AS FOLLOWS:
(I) MULTIPLY THE AVERAGE DAILY MEMBERSHIP IN APPROVED
VOCATIONAL EDUCATION PROGRAMS FOR THE MOST RECENT YEAR AVAILABLE
FOR EACH AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT
THAT HAS BEEN APPROVED FOR FUNDING BY THE DEPARTMENT OF
EDUCATION BY THE DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR
CAREER AND TECHNICAL EDUCATION EQUIPMENT GRANTS AND THE SUM OF
THE FUNDING DISTRIBUTED UNDER PARAGRAPH (1) TO ALL AREA
VOCATIONAL-TECHNICAL SCHOOLS AND SCHOOL DISTRICTS.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE SUM OF
THE AVERAGE DAILY MEMBERSHIP IN APPROVED VOCATIONAL EDUCATION
PROGRAMS FOR THE MOST RECENT YEAR AVAILABLE FOR ALL AREA
VOCATIONAL-TECHNICAL SCHOOLS AND SCHOOL DISTRICTS THAT HAVE BEEN
APPROVED FOR FUNDING BY THE DEPARTMENT OF EDUCATION.
(C) THE APPLICATION TO APPLY FOR FUNDING UNDER SUBSECTION
(B) SHALL BE DEVELOPED BY THE DEPARTMENT OF EDUCATION WITHIN
THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION AND ONLY
REQUIRE THE FOLLOWING, WHICH MAY BE COLLECTED ELECTRONICALLY:
(1) NAME, ADDRESS, E-MAIL ADDRESS AND TELEPHONE NUMBER OF
THE AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT.
(2) NAME, E-MAIL ADDRESS AND TELEPHONE NUMBER OF AN EMPLOYE
OF THE AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT WHO
WILL BE AVAILABLE TO ANSWER QUESTIONS REGARDING THE FUNDING
APPLICATION.
(3) DESCRIPTION OF THE EQUIPMENT FOR WHICH THE REQUESTED
FUNDING WILL BE USED, THE CAREER AND TECHNICAL EDUCATION PROGRAM
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IN WHICH THE EQUIPMENT WILL BE USED, THE DATE ON WHICH THE
OCCUPATIONAL ADVISORY COMMITTEE RECOMMENDED THE PURCHASE OF THE
EQUIPMENT AND VERIFICATION THAT THE EQUIPMENT WILL BE USED FOR
TECHNICAL CLASSROOM INSTRUCTION.
(D) THE DEPARTMENT OF EDUCATION MAY NOT REQUEST OR CONSIDER
ANY INFORMATION OTHER THAN THE INFORMATION PROVIDED IN THE
FUNDING APPLICATION.
(E) EACH AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT
WITH AN APPROVED VOCATIONAL PROGRAM THAT SUBMITS A COMPLETED
FUNDING APPLICATION SHALL RECEIVE FUNDING IN THE AMOUNT
DETERMINED UNDER SUBSECTION (B).
(F) IF INSUFFICIENT FUNDS ARE APPROPRIATED TO MAKE PAYMENTS
UNDER SUBSECTION (B), PAYMENTS SHALL BE MADE ON A PRO RATA
BASIS.
(G) FOR PURPOSES OF THIS SECTION, "OCCUPATIONAL ADVISORY
COMMITTEE" SHALL MEAN AN OCCUPATIONAL ADVISORY COMMITTEE
ESTABLISHED UNDER 22 PA. CODE CH. 339 (RELATING TO VOCATIONAL
EDUCATION).
SECTION 9.1. SECTION 1904-A(D) OF THE ACT, ADDED JULY 4,
2004 (P.L.536, NO.70), IS AMENDED TO READ:
SECTION 1904-A. ELECTION OR APPOINTMENT; TERM AND
ORGANIZATION OF BOARD OF TRUSTEES.--* * *
(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A) AND
(B), THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE MAY APPOINT A
TRUSTEE FROM EACH COUNTY WHERE A CAMPUS OR SATELLITE CLASSROOM
IS LOCATED FOR WHICH NO LOCAL SPONSOR EXISTS[.] AND, FOR A
COMMUNITY COLLEGE THAT IS LOCATED IN A COUNTY OF THE THIRD CLASS
WITH A POPULATION BETWEEN 290,000 AND 310,000 AS OF THE 2010
CENSUS, MAY APPOINT UP TO TWO TRUSTEES FROM A COUNTY WHERE A
CAMPUS IS LOCATED FOR WHICH NO LOCAL SPONSOR EXISTS. THE TRUSTEE
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SHALL BE SELECTED BY THE BOARD OF TRUSTEES OF THE COMMUNITY
COLLEGE. TRUSTEES APPOINTED UNDER THE PROVISIONS OF THIS
SUBSECTION SHALL BE APPOINTED FOR TERMS OF TWO YEARS.
SECTION 10. SECTION 1913-A(B)(1.6)(V) AND (1.7)(II) OF THE
ACT, AMENDED JULY 9, 2008 (P.L.846, NO.61) AND JULY 9, 2013
(P.L.408, NO.59), ARE AMENDED AND PARAGRAPH (1.6) IS AMENDED BY
ADDING A SUBPARAGRAPH TO READ:
SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF
PAYMENTS.--* * *
(B) * * *
(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF
THE FOLLOWING:
* * *
(V) SUBCLAUSES (I), (II), (III) AND (IV) SHALL NOT APPLY TO
THE 2011-2012, 2012-2013 AND 2013-2014 FISCAL YEARS, AND EACH
FISCAL YEAR THEREAFTER.
* * *
(IX) FOR THE 2016-2017 FISCAL YEAR, EACH COMMUNITY COLLEGE
SHALL RECEIVE AN AMOUNT EQUAL TO THE FOLLOWING:
(A) AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR OPERATING COSTS
RECEIVED IN FISCAL YEAR 2013-2014 UNDER SUBCLAUSE (VIII)(A) PLUS
THE INCREASE RECEIVED IN FISCAL YEAR 2014-2015 UNDER SECTION
1722-J(17) OF "THE FISCAL CODE" AND THE INCREASE RECEIVED IN
FISCAL YEAR 2015-2016 UNDER SECTION 1722-L(18.1) OF "THE FISCAL
CODE."
(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND
RECEIVED IN FISCAL YEAR 2013-2014 UNDER SUBCLAUSE (VIII)(B).
(C) AN ADDITIONAL AMOUNT FOR OPERATING COSTS DETERMINED FOR
EACH COMMUNITY COLLEGE AS FOLLOWS:
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(I) MULTIPLY THE AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS
VERIFIED UNDER SUBSECTION (K.1) FOR THE MOST RECENT YEAR
AVAILABLE FOR THE COMMUNITY COLLEGE BY THE DIFFERENCE BETWEEN
THE APPROPRIATION FOR PAYMENT OF APPROVED OPERATING EXPENSES OF
COMMUNITY COLLEGES IN THE 2016-2017 FISCAL YEAR AND THE SUM OF
THE AMOUNTS IN UNITS (A) AND (B).
(II) DIVIDE THE PRODUCT IN SUBUNIT (I) BY THE SUM OF THE
AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS VERIFIED UNDER
SUBSECTION (K.1) FOR THE MOST RECENT YEAR AVAILABLE FOR ALL
COMMUNITY COLLEGES.
(1.7) THE PAYMENT FOR A COMMUNITY COLLEGE SHALL INCLUDE AN
ECONOMIC DEVELOPMENT STIPEND WHICH SHALL CONSIST OF THE
FOLLOWING:
* * *
(II) FOR THE 2006-2007 THROUGH 2008-2009 FISCAL [YEAR AND
EACH FISCAL YEAR THEREAFTER] YEARS, EACH COMMUNITY COLLEGE SHALL
RECEIVE, SUBJECT TO THE PROVISIONS OF SUBCLAUSE (III), AN AMOUNT
DETERMINED BY:
(A) ADDING THE FOLLOWING:
(I) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN
HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS AT
THE COMMUNITY COLLEGE MULTIPLIED BY 1.50;
(II) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN
HIGH-PRIORITY OCCUPATION PROGRAMS AT THE COMMUNITY COLLEGE
MULTIPLIED BY 1.25; AND
(III) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED
IN NONCREDIT WORKFORCE DEVELOPMENT COURSES AT THE COMMUNITY
COLLEGE.
(B) DIVIDING THE TOTAL FROM PARAGRAPH (A) BY THE SUM OF THE
TOTALS FROM PARAGRAPH (A) FOR ALL COMMUNITY COLLEGES.
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(C) MULTIPLYING THE AMOUNT FROM PARAGRAPH (B) BY THE AMOUNT
ALLOCATED FOR THE ECONOMIC DEVELOPMENT STIPEND PURSUANT TO
CLAUSE (1.6)(II).
(D) APPLYING THE FOLLOWING:
(I) FOR THE 2006-2007 FISCAL YEAR, FOR THE FIRST, SECOND AND
THIRD QUARTER PAYMENTS MADE IN THE 2007-2008 FISCAL YEAR, AND
FOR THE FIRST AND SECOND QUARTER PAYMENTS MADE IN THE 2008-2009
FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, THE NUMBER OF FULL-
TIME EQUIVALENT STUDENTS SHALL BE DETERMINED BASED UPON THE
FINAL MIDYEAR REBUDGET SUBMITTED BY A COMMUNITY COLLEGE FOR THE
PRIOR FISCAL YEAR. SUCH REBUDGET SHALL BE SUBMITTED, AS REQUIRED
BY THE DEPARTMENT OF EDUCATION, NO LATER THAN MAY 31, 2006, AND
MAY 31 OF EACH YEAR THEREAFTER.
(II) FOR THE 2007-2008 FISCAL YEAR, THE DEPARTMENT OF
EDUCATION SHALL PROVIDE THE FOURTH QUARTER PAYMENT TO EACH
COMMUNITY COLLEGE UNDER THIS SUBCLAUSE BASED UPON THE NUMBER OF
FULL-TIME EQUIVALENT STUDENTS ENROLLED IN HIGH-PRIORITY AND
HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS, HIGH-PRIORITY
OCCUPATION PROGRAMS AND NONCREDIT WORKFORCE DEVELOPMENT COURSES
FOR THE 2006-2007 FISCAL YEAR, AS VERIFIED IN THE AUDITED
FINANCIAL STATEMENT REQUIRED UNDER SUBSECTION (K.1).
(III) FOR THE 2008-2009 FISCAL YEAR [AND EACH FISCAL YEAR
THEREAFTER], THE DEPARTMENT OF EDUCATION SHALL PROVIDE THE THIRD
AND FOURTH QUARTER PAYMENTS TO EACH COMMUNITY COLLEGE UNDER THIS
SUBCLAUSE BASED UPON THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS
ENROLLED IN HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION
PROGRAMS, HIGH-PRIORITY OCCUPATION PROGRAMS AND NONCREDIT
WORKFORCE DEVELOPMENT COURSES FOR THE IMMEDIATELY PRECEDING
FISCAL YEAR, AS VERIFIED IN THE AUDITED FINANCIAL STATEMENT
REQUIRED UNDER SUBSECTION (K.1).
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* * *
SECTION 11. SECTION 1902-C INTRODUCTORY PARAGRAPH OF THE
ACT, ADDED JUNE 25, 1997 (P.L.297, NO.30), IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1902-C. APPLICATIONS.--(A) APPLICANTS SHALL SUBMIT
APPLICATIONS AT THE TIME, IN THE MANNER AND CONTAINING OR
ACCOMPANIED BY SUCH INFORMATION AS THE DEPARTMENT MAY PRESCRIBE
BUT, IN ANY CASE, SHALL DOCUMENT THE FOLLOWING:
* * *
(B) A SCHOOL DISTRICT, COMBINATION OF SCHOOL DISTRICTS OR
CHARTER SCHOOL THAT MAKES AN APPLICATION TO ESTABLISH AN
ALTERNATIVE EDUCATION PROGRAM SHALL SUBMIT INITIAL AND RENEWAL
APPLICATIONS ALONG WITH A FEE OF FOUR HUNDRED DOLLARS ($400) AS
PRESCRIBED BY THE DEPARTMENT. THE MONEY COLLECTED SHALL BE
DEPOSITED INTO A RESTRICTED ACCOUNT IN THE GENERAL FUND TO BE
KNOWN AS THE ALTERNATIVE EDUCATION PROGRAM ACCOUNT. THE MONEY IN
THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED ON A CONTINUING
BASIS TO THE DEPARTMENT.
SECTION 12. SECTION 1902-E OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
SECTION 1902-E. CONTRACTS WITH PRIVATE ALTERNATIVE EDUCATION
INSTITUTIONS.--
* * *
(5) A PRIVATE ALTERNATIVE EDUCATION INSTITUTION THAT MAKES
AN APPLICATION FOR APPROVAL TO OPERATE SHALL SUBMIT INITIAL AND
RENEWAL APPLICATIONS ALONG WITH A FEE OF ONE THOUSAND DOLLARS
($1,000) AS PRESCRIBED BY THE DEPARTMENT OF EDUCATION. THE FUNDS
COLLECTED SHALL BE DEPOSITED INTO THE ALTERNATIVE EDUCATION
PROGRAM ACCOUNT ESTABLISHED IN SECTION 1902-C(B).
SECTION 13. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
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ARTICLE XIX-G
RURAL REGIONAL COLLEGE FOR UNDERSERVED COUNTIES
SECTION 1901-G. (RESERVED).
SECTION 1901.1-G. LEGISLATIVE INTENT.
IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FOR THE
CONTINUED EXISTENCE, OPERATION AND ADMINISTRATION OF THE RURAL
REGIONAL COLLEGE ESTABLISHED UNDER FORMER ARTICLE XVII-E.1 OF
THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL
CODE.
SECTION 1901.2-G. APPROPRIATIONS.
APPROPRIATIONS FOR THE OPERATION OF THE RURAL REGIONAL
COLLEGE SHALL HAVE PREFERRED STATUS AND BE CONSIDERED ORDINARY
EXPENSES OF STATE GOVERNMENT.
SECTION 1902-G. SCOPE OF ARTICLE.
THIS ARTICLE PROVIDES FOR THE ESTABLISHMENT OF A RURAL
REGIONAL COLLEGE IN A MULTICOUNTY RURAL AREA THAT IS UNDERSERVED
BY COMPREHENSIVE COMMUNITY COLLEGE EDUCATION AND WORK FORCE
DEVELOPMENT.
SECTION 1903-G. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ANNUAL." A 12-MONTH PERIOD COTERMINOUS WITH THE
COMMONWEALTH'S FISCAL YEAR BEGINNING JULY 1 AND ENDING JUNE 30.
"BOARD OF TRUSTEES." THE BOARD OF TRUSTEES OF A RURAL
REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE.
"CERTIFIED PUBLIC ACCOUNTANT." A MEMBER OF THE AMERICAN
INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS WHO HAS A MINIMUM OF
FIVE YEARS' VERIFIABLE EXPERIENCE IN PERFORMING AUDITS OF
GOVERNMENT FUNDS FOR NONPROFIT ORGANIZATIONS WITH A COMPARABLE
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OR LARGER ANNUAL BUDGET.
"COUNTY." ANY COUNTY IN THIS COMMONWEALTH.
"MIDDLE STATES." THE MIDDLE STATES ASSOCIATION OF COLLEGES
AND SCHOOLS.
"PARTNER INSTITUTION." ONE OR MORE MIDDLE STATES-ACCREDITED
INSTITUTIONS OF HIGHER EDUCATION.
"RURAL REGIONAL COLLEGE." A PUBLIC INSTITUTION OF HIGHER
EDUCATION WHICH IS ESTABLISHED IN A RURAL AREA AND OPERATED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AS A COLLEGE
WHICH PROVIDES UP TO A TWO-YEAR, POSTSECONDARY EDUCATION NOT TO
EXCEED THE LEVEL OF AN ASSOCIATE OF ARTS OR SCIENCES DEGREE AND
WHICH IS ACTIVE IN WORK FORCE DEVELOPMENT.
"RURAL REGIONAL COLLEGE PLAN" OR "PLAN." A PLAN FOR THE
ESTABLISHMENT AND OPERATION OF A RURAL REGIONAL COLLEGE UNDER
THIS ARTICLE.
"SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH
OR SUCH PERSON AS THE SECRETARY MAY DESIGNATE TO ACT ON BEHALF
OF THE SECRETARY WITH REGARD TO ANY OF THE DUTIES AND
PREROGATIVES IMPOSED BY THIS ARTICLE.
"STATE BOARD." THE STATE BOARD OF EDUCATION.
SECTION 1904-G. DESIGNATIONS BY SECRETARY.
(A) DUTIES OF SECRETARY.--
(1) THE SECRETARY SHALL DESIGNATE AN ESTABLISHED
NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF
THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26
U.S.C. ยง 501(C)(3)), WHICH REPRESENTS A RURAL MULTICOUNTY
REGION UNDERSERVED BY A COMPREHENSIVE COMMUNITY COLLEGE
PROGRAM, INCLUDING WORK FORCE DEVELOPMENT, TO ASSIST THE
SECRETARY WITH THE DESIGNATION UNDER PARAGRAPH (2).
(2) WITHIN 30 DAYS OF THE DESIGNATION UNDER PARAGRAPH
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(1), THE SECRETARY SHALL, IN CONSULTATION WITH THE NONPROFIT
ORGANIZATION, DESIGNATE CONTIGUOUS COUNTIES OR PARTS OF
CONTIGUOUS COUNTIES TO BE SERVED BY ESTABLISHMENT OF A RURAL
REGIONAL COLLEGE.
(B) CHANGES.--NO SOONER THAN JULY 10, 2018, THE SECRETARY,
WITH APPROVAL OF THE BOARD OF TRUSTEES, MAY ADD COUNTIES OR
PARTS OF COUNTIES TO BE SERVED BY THE RURAL REGIONAL COLLEGE.
SECTION 1905-G. DESIGNATION AND BOARD OF TRUSTEES.
WITHIN 60 DAYS OF THE SECRETARY'S DESIGNATION UNDER SECTION
1904-G(A)(2), A BOARD OF TRUSTEES SHALL BE APPOINTED TO
ESTABLISH A RURAL REGIONAL COLLEGE. THE BOARD OF TRUSTEES SHALL
CONSIST OF NOT FEWER THAN SEVEN MEMBERS NOR MORE THAN 15 MEMBERS
APPOINTED BY THE SECRETARY IN CONSULTATION AND JOINTLY WITH THE
NONPROFIT ORGANIZATION DESIGNATED UNDER SECTION 1904-G(A)(1).
THE FOLLOWING SHALL APPLY TO THE BOARD OF TRUSTEES ESTABLISHED
UNDER THIS SECTION:
(1) MEMBERS OF THE BOARD OF TRUSTEES SHALL BE
REPRESENTATIVE OF THE AREA DESIGNATED UNDER SECTION 1904-G(A)
(2) AND MAY INCLUDE SCHOOL ADMINISTRATORS, COMMUNITY
EDUCATION COUNCIL OFFICIALS, BUSINESS LEADERS AND GOVERNMENT
OFFICIALS.
(2) MEMBERS OF THE BOARD OF TRUSTEES SHALL BE APPOINTED
FOR TERMS OF THREE YEARS EACH, EXCEPT THAT THOSE PERSONS
INITIALLY APPOINTED SHALL DRAW LOTS TO DETERMINE WHICH
TRUSTEES SHALL SERVE FOR A TERM OF THREE YEARS, WHICH
TRUSTEES SHALL SERVE FOR A TERM OF TWO YEARS AND WHICH
TRUSTEES SHALL SERVE FOR A TERM OF ONE YEAR. TO THE EXTENT
PRACTICABLE, FROM THOSE TRUSTEES INITIALLY APPOINTED, AN
EQUAL NUMBER SHALL DRAW LOTS TO SERVE FOR A TERM OF THREE
YEARS, FOR A TERM OF TWO YEARS AND FOR A TERM OF ONE YEAR.
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THEREAFTER, ALL MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE
YEARS EACH.
(3) VACANCIES ON THE BOARD SHALL BE FILLED BY THE
EXISTING BOARD. A TRUSTEE MAY SUCCEED HIMSELF, PROVIDED THAT
NO MEMBER SHALL SERVE FOR LONGER THAN 10 YEARS.
(4) THE SECRETARY SHALL CONVENE AN INITIAL MEETING OF
THE BOARD OF TRUSTEES WITHIN 30 DAYS OF THE SECRETARY'S
APPOINTMENT OF A BOARD OF TRUSTEES UNDER THIS SECTION. AFTER
THE INITIAL MEETING, THE BOARD OF TRUSTEES SHALL MEET AT SUCH
TIMES EACH YEAR AS THE BOARD OF TRUSTEES DETERMINES TO BE
NECESSARY TO SATISFY THE REQUIREMENTS OF THIS ARTICLE.
(5) THE BOARD OF TRUSTEES SHALL ADOPT STANDING OPERATING
RULES AND PROCEDURES, BYLAWS AND ARTICLES OF INCORPORATION.
(6) THE BOARD OF TRUSTEES SHALL ESTABLISH AN ADVISORY
COUNCIL OF PRESIDENTS, OR THEIR DESIGNEES, FROM INSTITUTIONS
WITH POSTSECONDARY EDUCATION PROGRAMS WITHIN THE REGION
DESIGNATED UNDER SECTION 1904-G(A)(2). THE ADVISORY COUNCIL
SHALL MEET QUARTERLY TO DISCUSS EMPLOYER AND WORK FORCE
NEEDS, NEW EDUCATIONAL OFFERINGS AND GENERAL COORDINATION OF
SERVICE AND FACILITIES. ONE ADVISORY COUNCIL MEMBER
REPRESENTING A COMMUNITY COLLEGE AND ONE ADVISORY COUNCIL
MEMBER THAT IS A PRESIDENT OF A COLLEGE OR UNIVERSITY SHALL
SERVE AS COCHAIRMEN.
(7) THE BOARD OF TRUSTEES SHALL CHOOSE FROM AMONG ITS
MEMBERS A CHAIRMAN, VICE CHAIRMAN AND SECRETARY.
(8) A MAJORITY OF THE MEMBERS OF THE BOARD OF TRUSTEES
SHALL CONSTITUTE A QUORUM.
(9) TRUSTEES SHALL SERVE WITHOUT COMPENSATION, EXCEPT
THAT THEY SHALL BE REIMBURSED BY THE RURAL REGIONAL COLLEGE
FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
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PERFORMANCE OF THEIR DUTIES.
SECTION 1906-G. ESTABLISHMENT.
(A) GENERAL RULE.--NO LATER THAN DECEMBER 31, 2016, THE
BOARD OF TRUSTEES APPOINTED UNDER SECTION 1905-G SHALL SUBMIT TO
THE SECRETARY A PROPOSED RURAL REGIONAL COLLEGE PLAN IN SUCH
FORM AND CONTAINING SUCH INFORMATION AS THE SECRETARY MAY
REQUIRE. IN ADDITION TO OTHER INFORMATION WHICH MAY BE REQUIRED
BY THE SECRETARY, THE PLAN SHALL INCLUDE THE FOLLOWING:
(1) A DESIGNATION OF THE NAME OF THE PROPOSED RURAL
REGIONAL COLLEGE WHICH SHALL BE THE "RURAL REGIONAL COLLEGE
OF " OR " RURAL REGIONAL
COLLEGE."
(2) A SURVEY OF THE EDUCATIONAL, VOCATIONAL AND
OCCUPATIONAL NEEDS OF THE AREA AND THE MEANS BY WHICH THE
PROPOSED RURAL REGIONAL COLLEGE WILL MEET THOSE NEEDS,
REENGAGE HIGH SCHOOL DROPOUTS TO EARN THEIR SECONDARY
CREDENTIALS AND POSTSECONDARY CREDENTIALS OR INDUSTRY
CERTIFICATION, REDUCE UNEMPLOYMENT AND IMPROVE THE EMPLOYABLE
SKILLS OF RESIDENTS OF THE AREA TO BE SERVED BY THE RURAL
REGIONAL COLLEGE.
(3) AN OPERATING AND FINANCIAL PLAN FOR THE PROPOSED
RURAL REGIONAL COLLEGE, INCLUDING A PLAN FOR THE CAPITAL
NEEDS AND EXPENSES OF THE PROPOSED RURAL REGIONAL COLLEGE.
(4) A PLAN BY WHICH THE RURAL REGIONAL COLLEGE SHALL
SEEK ACCREDITATION BY AN ACCREDITING ASSOCIATION WHICH IS
RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION.
(B) SUBMISSION OF PLAN.--WITHIN 60 DAYS OF THE SUBMISSION OF
THE RURAL REGIONAL COLLEGE PLAN TO THE SECRETARY, THE SECRETARY
SHALL ISSUE AN APPROVAL OR REJECTION OF THE PLAN. A REJECTION OF
THE PLAN SHALL BE ACCOMPANIED BY A WRITTEN STATEMENT OF THE
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REASONS FOR THE REJECTION OF THE PLAN. IF THE PLAN IS REJECTED,
THE BOARD OF TRUSTEES SHALL SUBMIT A REVISED PLAN TO THE
SECRETARY WITHIN 60 DAYS OF THE PLAN'S REJECTION.
(C) PLAN APPROVAL.--UPON THE APPROVAL OF THE PLAN BY THE
SECRETARY, THE RURAL REGIONAL COLLEGE SHALL BE CONSIDERED
ESTABLISHED.
SECTION 1907-G. POWERS AND DUTIES OF BOARD OF TRUSTEES.
(A) GENERAL RULE.--THE BOARD OF TRUSTEES APPOINTED UNDER
SECTION 1905-G SHALL ADMINISTER AND SUPERVISE THE AFFAIRS OF THE
RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE. SUBJECT
TO ANY OTHER LAW AND TO ANY REGULATIONS PROMULGATED BY THE STATE
BOARD PERTAINING TO RURAL REGIONAL COLLEGES, THE BOARD OF
TRUSTEES SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(1) TO ADVANCE THE MISSION OF THE RURAL REGIONAL COLLEGE
IN SERVICE TO RESIDENTS OF THE REGION DESIGNATED UNDER
SECTION 1904-G(A)(2).
(2) TO APPOINT AND FIX THE SALARY OF A PRESIDENT OF THE
RURAL REGIONAL COLLEGE.
(3) TO APPOINT AND FIX THE SALARY OF A CHIEF FINANCIAL
OFFICER OF THE RURAL REGIONAL COLLEGE.
(4) TO HOLD, RENT, LEASE, SELL, PURCHASE AND IMPROVE
LAND, BUILDINGS, FURNISHINGS, EQUIPMENT, MATERIALS, BOOKS AND
SUPPLIES.
(5) TO ENTER INTO CONTRACTS FOR SERVICES WITH COMMUNITY
EDUCATION COUNCILS, SCHOOLS, COLLEGES OR UNIVERSITIES, OR
WITH SCHOOL DISTRICTS OR MUNICIPALITIES, AND OTHER APPLICABLE
OR APPROPRIATE AGENCIES AND ORGANIZATIONS TO EFFECTUATE THE
PURPOSES OF THIS ARTICLE.
(6) TO ACCEPT AND RECEIVE GIFTS OF REAL AND PERSONAL
PROPERTY AND FEDERAL, STATE AND LOCAL MONEY, LOANS AND GRANTS
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AND TO EXPEND THE SAME.
(7) TO MAKE POLICIES PROVIDING FOR THE ADMISSION AND
EXPULSION OF STUDENTS, THE COURSES OF INSTRUCTION, THE
TUITION AND FEES TO BE CHARGED AND FOR ALL MATTERS RELATED TO
THE GOVERNMENT AND ADMINISTRATION OF THE RURAL REGIONAL
COLLEGE, PROVIDED THAT POLICIES RELATED TO ADMISSION, TUITION
AND FEES GIVE PREFERENCE TO RESIDENTS OF THE AREA DESIGNATED
BY THE SECRETARY UNDER SECTION 1904-G(A)(2).
(8) TO SUBMIT TO THE SECRETARY FOR APPROVAL PROPOSED
AMENDMENTS TO THE RURAL REGIONAL COLLEGE PLAN.
(9) TO ENTER INTO CONTRACTS FOR SERVICES TO HIGH SCHOOLS
LOCATED IN THE AREA DESIGNATED BY THE SECRETARY UNDER SECTION
1904-G TO PROVIDE SERVICES, INCLUDING AREA VOCATIONAL-
TECHNICAL EDUCATION SERVICES.
(10) TO APPROVE AN ANNUAL BUDGET TO BE SUBMITTED TO THE
SECRETARY FOR FUNDING.
(11) TO WORK WITH THE PRESIDENT IN THE APPOINTMENT OF
ALL FACULTY AND STAFF NECESSARY FOR THE RURAL REGIONAL
COLLEGE'S OPERATION, TO AFFIX THEIR COMPENSATION AND BENEFITS
AND TO MANAGE ALL PERSONNEL MATTERS.
(12) TO APPOINT LEGAL COUNSEL.
(13) TO EXERCISE SUCH OTHER POWERS AND PERFORM SUCH
OTHER DUTIES AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE.
(B) DUTIES OF BOARD.--THE BOARD OF TRUSTEES SHALL ENTER INTO
CONTRACTS, HOLD PROPERTY AND TAKE OTHER ACTIONS IN THE NAME OF
THE RURAL REGIONAL COLLEGE.
(C) INITIAL PARTNERSHIP.--
(1) THE BOARD OF TRUSTEES SHALL SELECT INITIALLY A
PARTNER INSTITUTION TO DEVELOP AND OFFER ACCREDITED COURSES
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AND PROGRAMS OF STUDY AT THE APPROVED SITES OF OPERATION.
(2) THE PARTNER INSTITUTION SHALL SELECT PROGRAMS ONLY
WITH APPROVAL OF THE BOARD OF TRUSTEES AND CONSISTENT WITH
THE PARTNER INSTITUTION'S ACCREDITATION AND SHALL BE
RESPONSIBLE FOR STAFFING AND EVALUATION AND PROVISION OF
OTHER SUPPORT SERVICES AS MAY BE REQUIRED FOR STUDENTS.
(3) THE BOARD OF TRUSTEES MAY CONTRACT WITH OTHER
COLLEGES TO PROVIDE CURRICULA NOT AVAILABLE THROUGH THE
PARTNER INSTITUTION.
(4) AS THE RURAL REGIONAL COLLEGE IS ABLE TO OPERATE ON
ITS OWN, A TRANSITION PLAN AND BUDGET SHALL BE INCLUDED IN
THE CONTRACT BETWEEN THE RURAL REGIONAL COLLEGE AND THE
PARTNER INSTITUTION TO EFFICIENTLY EXPEDITE THE TRANSITION.
(5) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PRECLUDE THE BOARD OF TRUSTEES FROM CONTRACTING FOR SPECIFIC
SERVICES OR PROGRAMS FOLLOWING THE TRANSITION FROM THE
INITIAL PARTNER INSTITUTION.
SECTION 1908-G. OFFICERS OF RURAL REGIONAL COLLEGE.
(A) PRESIDENT.--THE PRESIDENT SHALL BE THE CHIEF EXECUTIVE
AND ADMINISTRATIVE OFFICER OF THE RURAL REGIONAL COLLEGE AND
SHALL PERFORM ALL DUTIES WHICH THE BOARD OF TRUSTEES MAY
PRESCRIBE. THE PRESIDENT SHALL HAVE THE RIGHT TO ATTEND MEETINGS
OF THE BOARD OF TRUSTEES AND TO BE HEARD ON ALL MATTERS BEFORE
IT BUT SHALL HAVE NO RIGHT TO VOTE ON ANY MATTER.
(B) CHIEF FINANCIAL OFFICER.--THE CHIEF FINANCIAL OFFICER OF
THE RURAL REGIONAL COLLEGE SHALL GIVE A PROPER BOND IN SUCH
AMOUNT AND WITH SUCH CORPORATE SURETY AS IS APPROVED BY THE
BOARD OF TRUSTEES. THE CHIEF FINANCIAL OFFICER SHALL FILE THE
BOND WITH THE BOARD OF TRUSTEES. THE ACCOUNT OF THE CHIEF
FINANCIAL OFFICER SHALL BE AUDITED ANNUALLY BY A CERTIFIED
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PUBLIC ACCOUNTANT OR OTHER QUALIFIED PUBLIC ACCOUNTANT SELECTED
BY THE BOARD OF TRUSTEES.
SECTION 1909-G. STUDENTS.
ANY INDIVIDUAL MAY APPLY FOR ADMISSION TO THE RURAL REGIONAL
COLLEGE ESTABLISHED UNDER THIS ARTICLE, PROVIDED THAT PREFERENCE
IN ADMISSIONS, TUITION AND FEES MAY BE GIVEN TO RESIDENTS OF THE
MULTICOUNTY AREA DESIGNATED BY THE SECRETARY UNDER SECTION 1904-
G(A)(2). IN CONSIDERING APPLICANTS FOR ADMISSION, THE RURAL
REGIONAL COLLEGE SHALL NOT DISCRIMINATE ON THE BASIS OF RACE,
COLOR, GENDER, MARITAL STATUS, ETHNIC GROUP OR RELIGION.
SECTION 1910-G. TUITION.
THE TUITION AND FEES CHARGED BY THE RURAL REGIONAL COLLEGE
SHALL BE AN AMOUNT DETERMINED BY THE BOARD OF TRUSTEES, IN
ACCORDANCE WITH THE BUDGET SUBMITTED TO THE SECRETARY. THE BOARD
OF TRUSTEES SHALL ANNUALLY ESTABLISH A SEPARATE SCHEDULE OF
TUITION AND FEES FOR STUDENTS THAT RESIDE INSIDE THE REGION
DESIGNATED UNDER SECTION 1904-G(A)(2) AND STUDENTS THAT RESIDE
OUTSIDE THE REGION.
SECTION 1911-G. DISSOLUTION AND TRANSITION OF RURAL REGIONAL
COLLEGE.
THE RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE MAY
NOT BE DISSOLVED WITHOUT THE APPROVAL OF THE SECRETARY. UPON
DISSOLUTION OF THE RURAL REGIONAL COLLEGE, THE COMMONWEALTH
SHALL ASSUME ALL ASSETS AND LIABILITIES OF THE RURAL REGIONAL
COLLEGE, EXCEPT THAT SUCH ASSETS THAT ARE THE PROPERTY OF ANY
PARTNER INSTITUTION THAT MAY BE OPERATING FOR AND WITHIN THE
RURAL REGIONAL COLLEGE SHALL REMAIN THE PROPERTY OF THE PARTNER
INSTITUTION.
SECTION 1912-G. DEGREES.
THE RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE MAY
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AWARD ANY TYPE OF DIPLOMA, TECHNICAL OR CAREER TRAINING
CERTIFICATE OR ASSOCIATE DEGREES IN THE ARTS, SCIENCES,
TECHNOLOGIES OR GENERAL EDUCATION UPON SUCCESSFUL COMPLETION OF
PROGRAMS AUTHORIZED BY THE BOARD OF TRUSTEES. AS LONG AS THE
PARTNER INSTITUTION PROVIDES THE ACCREDITED CURRICULA AND
COURSES UNDER CONTRACT TO THE RURAL REGIONAL COLLEGE, THE
REQUIREMENTS OF THE ACCREDITING AGENCY SHALL PERTAIN TO THE
GRANTING OF SUCH AWARDS.
SECTION 1913-G. FUNDING.
THE RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE
SHALL BE FUNDED BY TUITION AND FEES ESTABLISHED BY THE BOARD OF
TRUSTEES AND MAY ACCEPT APPROPRIATIONS FROM THE GENERAL
ASSEMBLY, GRANTS FROM THE FEDERAL GOVERNMENT, GRANTS FROM THE
COMMONWEALTH, GRANTS FROM PRIVATE FOUNDATIONS, DONATIONS FROM
PERSONS OR ANY COMBINATION THEREOF.
SECTION 1914-G. FINANCIAL AID.
(A) INITIAL PARTNERSHIP PERIOD.--DURING THE RURAL REGIONAL
COLLEGE'S INITIAL PARTNERSHIP WITH A PARTNER INSTITUTION, A
STUDENT ENROLLED IN THE RURAL REGIONAL COLLEGE SHALL BE ELIGIBLE
FOR CONSIDERATION FOR A PENNSYLVANIA STATE GRANT AND OTHER
COMMONWEALTH-FUNDED FINANCIAL AID ADMINISTERED BY THE
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, PROVIDED THAT
THE PARTNER INSTITUTION IS AN INSTITUTION OF HIGHER EDUCATION AS
APPROVED BY AND IN ACCORDANCE WITH RULES AND REGULATIONS OF THE
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY.
(B) POSTTRANSITION PERIOD.--UPON THE RURAL REGIONAL COLLEGE
OPERATING ON ITS OWN WITHOUT A PARTNER INSTITUTION, A STUDENT
SHALL ONLY BE ELIGIBLE FOR CONSIDERATION FOR A PENNSYLVANIA
STATE GRANT AND ANY OTHER COMMONWEALTH-FUNDED FINANCIAL AID IF
THE RURAL REGIONAL COLLEGE IS APPROVED BY THE DEPARTMENT OF
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EDUCATION, IS ACCREDITED OR A RECOGNIZED CANDIDATE FOR
ACCREDITATION WITH AN ACCREDITING BODY RECOGNIZED UNDER RULES
AND REGULATIONS OF THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
AGENCY AND SATISFIES ANY OTHER INSTITUTIONAL AND ADMINISTRATIVE
PROGRAM REQUIREMENTS AS THE PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY MAY REQUIRE.
SECTION 1915-G. REGULATIONS.
THE STATE BOARD MAY PROMULGATE REGULATIONS UNDER THE ACT OF
JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW
ACT, AS NECESSARY TO IMPLEMENT THIS ARTICLE.
SECTION 1916-G. REPORTS.
THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL PREPARE
AND SUBMIT TO THE GENERAL ASSEMBLY WRITTEN INTERIM AND FINAL
REPORTS EVALUATING THE OPERATION OF THIS ARTICLE. THE INTERIM
REPORT SHALL BE SUBMITTED BY JUNE 30, 2018, AND THE FINAL REPORT
SHALL BE SUBMITTED BY JUNE 30, 2022. EACH REPORT SHALL INCLUDE,
BUT MAY NOT BE LIMITED TO, THE FOLLOWING:
(1) A REVIEW OF THE SUCCESS OF THE RURAL REGIONAL
COLLEGE ESTABLISHED UNDER THIS ARTICLE IN SATISFYING THE
GOALS SET FORTH IN THE RURAL REGIONAL COLLEGE PLAN APPROVED
BY THE SECRETARY AND IN SATISFYING THE NEEDS OF THE
MULTICOUNTY AREA THE RURAL REGIONAL COLLEGE WAS ESTABLISHED
TO SERVE.
(2) DEMOGRAPHIC AND PROGRAM DATA, INCLUDING THE
FOLLOWING:
(I) NUMBERS OF FULL-TIME AND PART-TIME FACULTY AND
STUDENT ENROLLMENTS, IN TOTAL AND WITHIN CURRICULAR
AREAS.
(II) DUAL ENROLLMENT PARTICIPATION.
(III) CREDIT HOURS TAUGHT BY FACULTY.
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(IV) DISTANCE LEARNING COURSES OFFERED.
(V) ARTICULATION AGREEMENTS WITH HIGHER EDUCATION
INSTITUTIONS.
(VI) LISTS OF COURSES WITH FEWER THAN 20 STUDENTS.
(VII) LISTS OF COURSES WITH MORE THAN 50 STUDENTS.
WHERE AVAILABLE, STUDENT DATA SHALL BE DISAGGREGATED BY
CATEGORIES, INCLUDING GENDER, RACE AND AGE.
(3) STUDENT PROGRESS AND ACHIEVEMENT MEASURES, INCLUDING
THE FOLLOWING:
(I) RETENTION RATES RELATED TO STUDENT GOALS.
(II) GRADUATION AND COMPLETION RATES AFTER TWO,
THREE AND FOUR YEARS.
(III) PASSING RATES ON CERTIFICATION AND LICENSURE
EXAMINATIONS.
(IV) NUMBER OF STUDENTS EMPLOYED WITHIN ONE YEAR OF
PROGRAM COMPLETION.
(V) PLACEMENT INTO ADDITIONAL EDUCATION OR
EMPLOYMENT IN THE STUDENT'S FIELD OF STUDY.
WHERE AVAILABLE, DATA SHALL BE DISAGGREGATED BY CATEGORIES,
INCLUDING GENDER, RACE AND AGE.
(4) ECONOMIC AND WORK FORCE DEVELOPMENT MEASURES,
INCLUDING:
(I) EMPLOYER SATISFACTION.
(II) CUSTOMIZED JOB TRAINING OFFERINGS.
(III) EMPLOYMENT STATUS.
(IV) NUMBERS OF BUSINESSES AND ORGANIZATIONS SERVED.
(5) RECOMMENDATIONS FOR FUTURE LEGISLATION.
SECTION 1917-G. TRANSFERS OF CREDITS.
FOR PURPOSES OF FACILITATING THE TRANSFER OF CREDITS ATTAINED
BY STUDENTS OF THE RURAL REGIONAL COLLEGE, THE RURAL REGIONAL
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COLLEGE SHALL BE CONSIDERED A PUBLIC INSTITUTION OF HIGHER
EDUCATION AS DEFINED IN SECTION 2001-C AND, UPON THE RURAL
REGIONAL COLLEGE BEING ABLE TO OPERATE ON ITS OWN, SHALL BE
REQUIRED TO FULFILL ALL THE DUTIES AND OBTAIN FOR ITS STUDENTS
ALL THE BENEFITS OF ARTICLE XX-C WITHIN TWO YEARS OF OPERATION
OF THE ESTABLISHED RURAL REGIONAL COLLEGE.
ARTICLE XX-B
EDUCATIONAL TAX CREDITS
SECTION 2001-B. SCOPE OF ARTICLE.
THIS ARTICLE ESTABLISHES THE EDUCATIONAL IMPROVEMENT AND
OPPORTUNITY SCHOLARSHIP TAX CREDITS.
SECTION 2002-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"APPLICABLE TAXES." ANY OF THE TAXES DUE UNDER ARTICLE III,
IV, VI, VII, VIII, IX, XV OR XX OF THE TAX REFORM CODE OF 1971
OR A TAX UNDER ARTICLE XVI OF THE ACT OF MAY 17, 1921 (P.L.682,
NO.284), KNOWN AS THE INSURANCE COMPANY LAW OF 1921.
"APPLICANT." AN ELIGIBLE STUDENT WHO APPLIES FOR A
SCHOLARSHIP.
"ASSESSMENT." THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT
TEST, THE KEYSTONE EXAM, AN EQUIVALENT LOCAL ASSESSMENT OR
ANOTHER TEST ESTABLISHED OR APPROVED BY THE STATE BOARD OF
EDUCATION OR THE GENERAL ASSEMBLY TO MEET THE REQUIREMENTS OF
SECTION 2603-B(D)(10)(I), OR REQUIRED UNDER THE EVERY STUDENT
SUCCEEDS ACT (PUBLIC LAW 114-95, 129 STAT. 1802) OR ITS
SUCCESSOR STATUTE OR ANOTHER TEST REQUIRED TO ACHIEVE OTHER
STANDARDS ESTABLISHED BY THE DEPARTMENT OF EDUCATION FOR THE
PUBLIC SCHOOL OR SCHOOL DISTRICT UNDER 22 PA. CODE ยง 403.3
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(RELATING TO SINGLE ACCOUNTABILITY SYSTEM).
"ATTENDANCE BOUNDARY." A GEOGRAPHIC AREA OF RESIDENCE USED
BY A SCHOOL DISTRICT TO ASSIGN A STUDENT TO A PUBLIC SCHOOL.
"AVERAGE DAILY MEMBERSHIP." AS DEFINED IN SECTION 2501(3).
"BUSINESS FIRM." AN ENTITY AUTHORIZED TO DO BUSINESS IN THIS
COMMONWEALTH AND SUBJECT TO TAXES IMPOSED UNDER ARTICLE III, IV,
VI, VII, VIII, IX, XV OR XX OF THE TAX REFORM CODE OF 1971 OR A
TAX UNDER ARTICLE XVI OF THE INSURANCE COMPANY LAW OF 1921. THE
TERM INCLUDES A PASS-THROUGH ENTITY, INCLUDING A PASS-THROUGH
ENTITY, THE PURPOSE OF WHICH IS THE MAKING OF CONTRIBUTIONS
UNDER THIS ARTICLE AND WHOSE SHAREHOLDERS, PARTNERS OR MEMBERS
ARE COMPOSED OF OWNERS OR EMPLOYES OF OTHER BUSINESS FIRMS.
"CAREER AND TECHNICAL SCHOOL." A PUBLIC SECONDARY SCHOOL
ESTABLISHED UNDER THE PROVISIONS OF ARTICLE XVIII.
"CONTRIBUTION." A DONATION OF CASH, PERSONAL PROPERTY OR
SERVICES, THE VALUE OF WHICH IS THE NET COST OF THE DONATION TO
THE DONOR OR THE PRO RATA HOURLY WAGE, INCLUDING BENEFITS, OF
THE INDIVIDUAL PERFORMING THE SERVICES.
"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT OF THE COMMONWEALTH.
"EDUCATIONAL IMPROVEMENT ORGANIZATION." A NONPROFIT ENTITY
WHICH:
(1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)
(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514,
26 U.S.C. ยง 1 ET SEQ.); AND
(2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL RECEIPTS AS
GRANTS TO A PUBLIC SCHOOL, A CHARTERED SCHOOL AS DEFINED IN
SECTION 1376.1, OR A PRIVATE SCHOOL APPROVED UNDER SECTION
1376, FOR INNOVATIVE EDUCATIONAL PROGRAMS.
FOR PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY
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"CONTRIBUTES" ITS ANNUAL CASH RECEIPTS WHEN IT EXPENDS OR
OTHERWISE IRREVOCABLY ENCUMBERS THOSE FUNDS FOR EXPENDITURE
DURING THE THEN CURRENT FISCAL YEAR OF THE NONPROFIT ENTITY OR
DURING THE NEXT SUCCEEDING FISCAL YEAR OF THE NONPROFIT ENTITY.
A NONPROFIT ENTITY SHALL INCLUDE A SCHOOL DISTRICT FOUNDATION,
PUBLIC SCHOOL FOUNDATION, CHARTER SCHOOL FOUNDATION OR CYBER
CHARTER SCHOOL FOUNDATION.
"ELEMENTARY SCHOOL." A SCHOOL WHICH IS NOT A SECONDARY
SCHOOL.
"ELIGIBLE PRE-KINDERGARTEN STUDENT." A STUDENT, INCLUDING AN
ELIGIBLE STUDENT WITH A DISABILITY, WHO IS ENROLLED IN A PRE-
KINDERGARTEN PROGRAM AND IS A MEMBER OF A HOUSEHOLD WITH A
MAXIMUM ANNUAL HOUSEHOLD INCOME AS INCREASED BY THE APPLICABLE
INCOME ALLOWANCE.
"ELIGIBLE STUDENT." A SCHOOL-AGE STUDENT, INCLUDING AN
ELIGIBLE STUDENT WITH A DISABILITY, WHO IS ENROLLED IN A SCHOOL
AND IS A MEMBER OF A HOUSEHOLD WITH A MAXIMUM ANNUAL HOUSEHOLD
INCOME AS INCREASED BY THE APPLICABLE INCOME ALLOWANCE.
"ELIGIBLE STUDENT WITH A DISABILITY." A PRE-KINDERGARTEN
STUDENT OR A SCHOOL-AGE STUDENT WHO MEETS ALL OF THE FOLLOWING:
(1) IS ENROLLED IN A SPECIAL EDUCATION SCHOOL OR HAS
OTHERWISE BEEN IDENTIFIED, IN ACCORDANCE WITH 22 PA. CODE CH.
14 (RELATING TO SPECIAL EDUCATION SERVICES AND PROGRAMS), AS
A "CHILD WITH A DISABILITY," AS DEFINED IN 34 CFR ยง 300.8
(RELATING TO CHILD WITH A DISABILITY).
(2) NEEDS SPECIAL EDUCATION AND RELATED SERVICES.
(3) IS ENROLLED IN A PRE-KINDERGARTEN PROGRAM OR IN A
SCHOOL.
(4) IS A MEMBER OF A HOUSEHOLD WITH A HOUSEHOLD INCOME
OF NOT MORE THAN THE MAXIMUM ANNUAL HOUSEHOLD INCOME.
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"HOUSEHOLD." AN INDIVIDUAL LIVING ALONE OR WITH THE
FOLLOWING: A SPOUSE, PARENT AND THEIR UNEMANCIPATED MINOR
CHILDREN, OTHER UNEMANCIPATED MINOR CHILDREN WHO ARE RELATED BY
BLOOD OR MARRIAGE OR OTHER ADULTS OR UNEMANCIPATED MINOR
CHILDREN LIVING IN THE HOUSEHOLD WHO ARE DEPENDENT UPON THE
INDIVIDUAL.
"HOUSEHOLD INCOME." ALL MONEY OR PROPERTY RECEIVED OF
WHATEVER NATURE AND FROM WHATEVER SOURCE DERIVED. THE TERM DOES
NOT INCLUDE THE FOLLOWING:
(1) PERIODIC PAYMENTS FOR SICKNESS AND DISABILITY OTHER
THAN REGULAR WAGES RECEIVED DURING A PERIOD OF SICKNESS OR
DISABILITY.
(2) DISABILITY, RETIREMENT OR OTHER PAYMENTS ARISING
UNDER WORKERS' COMPENSATION ACTS, OCCUPATIONAL DISEASE ACTS
AND SIMILAR LEGISLATION BY ANY GOVERNMENT.
(3) PAYMENTS COMMONLY RECOGNIZED AS OLD-AGE OR
RETIREMENT BENEFITS PAID TO PERSONS RETIRED FROM SERVICE
AFTER REACHING A SPECIFIC AGE OR AFTER A STATED PERIOD OF
EMPLOYMENT.
(4) PAYMENTS COMMONLY KNOWN AS PUBLIC ASSISTANCE OR
UNEMPLOYMENT COMPENSATION PAYMENTS BY A GOVERNMENTAL AGENCY.
(5) PAYMENTS TO REIMBURSE ACTUAL EXPENSES.
(6) PAYMENTS MADE BY EMPLOYERS OR LABOR UNIONS FOR
PROGRAMS COVERING HOSPITALIZATION, SICKNESS, DISABILITY OR
DEATH, SUPPLEMENTAL UNEMPLOYMENT BENEFITS, STRIKE BENEFITS,
SOCIAL SECURITY AND RETIREMENT.
(7) COMPENSATION RECEIVED BY UNITED STATES SERVICEMEN
SERVING IN A COMBAT ZONE.
"INCOME ALLOWANCE." THE BASE AMOUNT OF $15,000 FOR EACH
ELIGIBLE STUDENT, ELIGIBLE PRE-KINDERGARTEN STUDENT AND
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DEPENDENT MEMBER OF THE HOUSEHOLD. BEGINNING JULY 1, 2014, THE
DEPARTMENT SHALL ANNUALLY ADJUST THE BASE AMOUNT TO REFLECT
UPWARD CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY, DELAWARE AND
MARYLAND AREA FOR THE PRECEDING 12 MONTHS. THE DEPARTMENT SHALL
IMMEDIATELY SUBMIT THE ADJUSTED AMOUNTS TO THE LEGISLATIVE
REFERENCE BUREAU FOR PUBLICATION AS A NOTICE IN THE PENNSYLVANIA
BULLETIN.
"INNOVATIVE EDUCATIONAL PROGRAM." AN ADVANCED ACADEMIC OR
SIMILAR PROGRAM THAT IS NOT PART OF THE REGULAR ACADEMIC PROGRAM
OF A PUBLIC SCHOOL BUT THAT ENHANCES THE CURRICULUM OR ACADEMIC
PROGRAM OF THE PUBLIC SCHOOL, CHARTERED SCHOOL OR PRIVATE SCHOOL
OR PROVIDES PRE-KINDERGARTEN PROGRAMS TO PUBLIC SCHOOL STUDENTS,
STUDENTS OF A CHARTERED SCHOOL OR STUDENTS OF A PRIVATE SCHOOL.
FOR THE PURPOSES OF THIS DEFINITION, A CHARTERED SCHOOL SHALL
MEAN A CHARTERED SCHOOL AS DEFINED IN SECTION 1376.1, AND A
PRIVATE SCHOOL SHALL MEAN A PRIVATE SCHOOL APPROVED UNDER
SECTION 1376.
"KINDERGARTEN." A ONE-YEAR FORMAL EDUCATIONAL PROGRAM THAT
OCCURS DURING THE SCHOOL YEAR IMMEDIATELY PRIOR TO FIRST GRADE.
THE TERM INCLUDES A PART-TIME AND A FULL-TIME PROGRAM.
"LOW-ACHIEVING SCHOOL." A PUBLIC SCHOOL THAT RANKED IN THE
LOWEST 15% OF THE SCHOOL'S DESIGNATION AS AN ELEMENTARY SCHOOL
OR A SECONDARY SCHOOL BASED ON COMBINED MATHEMATICS AND READING
SCORES FROM THE ANNUAL ASSESSMENT ADMINISTERED IN THE PREVIOUS
SCHOOL YEAR AND FOR WHICH THE DEPARTMENT OF EDUCATION HAS POSTED
RESULTS ON THE DEPARTMENT OF EDUCATION'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE. THE TERM DOES NOT INCLUDE A CHARTER SCHOOL,
CYBER CHARTER SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.
"MAXIMUM ANNUAL HOUSEHOLD INCOME."
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(1) SUBJECT TO ADJUSTMENT UNDER PARAGRAPHS (2) AND (3),
THE AMOUNT OF $75,000, PLUS THE APPLICABLE INCOME ALLOWANCE.
(2) WITH RESPECT TO AN ELIGIBLE STUDENT WITH A
DISABILITY, AS CALCULATED BY MULTIPLYING:
(I) THE APPLICABLE AMOUNT UNDER PARAGRAPH (1); BY
(II) THE APPLICABLE SUPPORT LEVEL FACTOR ACCORDING
TO THE FOLLOWING TABLE:
SUPPORT LEVEL SUPPORT LEVEL FACTOR
1 1.50
2 2.993
(3) BEGINNING JULY 1, 2014, THE DEPARTMENT SHALL
ANNUALLY ADJUST THE INCOME AMOUNTS UNDER PARAGRAPHS (1) AND
(2) TO REFLECT ANY UPWARD CHANGES IN THE CONSUMER PRICE INDEX
FOR ALL URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY,
DELAWARE AND MARYLAND AREA IN THE PRECEDING 12 MONTHS AND
SHALL IMMEDIATELY SUBMIT THE ADJUSTED AMOUNTS TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION AS A NOTICE IN
THE PENNSYLVANIA BULLETIN.
"NONPUBLIC SCHOOL." A SCHOOL WHICH IS A NONPROFIT
ORGANIZATION AND WHICH IS LOCATED IN THIS COMMONWEALTH. THE TERM
DOES NOT INCLUDE A PUBLIC SCHOOL.
"OPPORTUNITY SCHOLARSHIP." AN AWARD GIVEN TO AN APPLICANT TO
PAY TUITION AND SCHOOL-RELATED FEES NECESSARY TO ATTEND A
PARTICIPATING NONPUBLIC SCHOOL OR A PARTICIPATING PUBLIC SCHOOL
LOCATED IN A SCHOOL DISTRICT WHICH IS NOT THE RECIPIENT'S SCHOOL
DISTRICT OF RESIDENCE.
"OPPORTUNITY SCHOLARSHIP ORGANIZATION." A NONPROFIT ENTITY
WHICH:
(1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)
(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514,
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26 U.S.C. ยง 1 ET SEQ.); AND
(2) CONTRIBUTES AT LEAST 80% OF THE ENTITY'S ANNUAL CASH
RECEIPTS TO AN OPPORTUNITY SCHOLARSHIP PROGRAM.
FOR THE PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY
CONTRIBUTES THE ENTITY'S CASH RECEIPTS TO AN OPPORTUNITY
SCHOLARSHIP PROGRAM WHEN THE ENTITY EXPENDS OR OTHERWISE
IRREVOCABLY ENCUMBERS THOSE FUNDS FOR DISTRIBUTION DURING THE
THEN-CURRENT FISCAL YEAR OF THE NONPROFIT ENTITY OR DURING THE
NEXT SUCCEEDING FISCAL YEAR OF THE NONPROFIT ENTITY.
"OPPORTUNITY SCHOLARSHIP PROGRAM." A PROGRAM TO PROVIDE
OPPORTUNITY SCHOLARSHIPS TO ELIGIBLE STUDENTS WHO RESIDE WITHIN
THE ATTENDANCE AREA OF A LOW-ACHIEVING SCHOOL.
"PARENT." AN INDIVIDUAL WHO:
(1) IS A RESIDENT OF THIS COMMONWEALTH; AND
(2) EITHER:
(I) HAS LEGAL CUSTODY OR GUARDIANSHIP OF A STUDENT;
OR
(II) KEEPS IN THE INDIVIDUAL'S HOME A STUDENT AND
SUPPORTS THE STUDENT GRATIS AS IF THE STUDENT WERE A
LINEAL DESCENDANT OF THE INDIVIDUAL.
"PARTICIPATING NONPUBLIC SCHOOL." A NONPUBLIC SCHOOL WHICH
NOTIFIES THE DEPARTMENT OF EDUCATION UNDER SECTION 2011-B THAT
THE SCHOOL WISHES TO ACCEPT OPPORTUNITY SCHOLARSHIP RECIPIENTS.
"PARTICIPATING PUBLIC SCHOOL." A PUBLIC SCHOOL IN A SCHOOL
DISTRICT WHICH NOTIFIES THE DEPARTMENT OF EDUCATION UNDER
SECTION 2011-B THAT THE SCHOOL WISHES TO ACCEPT OPPORTUNITY
SCHOLARSHIP RECIPIENTS. THE TERM DOES NOT INCLUDE A LOW-
ACHIEVING SCHOOL.
"PASS-THROUGH ENTITY." A PARTNERSHIP AS DEFINED IN SECTION
301(N.0) OF ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX
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REFORM CODE OF 1971, A SINGLE-MEMBER LIMITED LIABILITY COMPANY
TREATED AS A DISREGARDED ENTITY FOR FEDERAL INCOME TAX PURPOSES
OR A PENNSYLVANIA S CORPORATION AS DEFINED IN SECTION 301(N.1)
OF THE TAX REFORM CODE. THE TERM INCLUDES A PASS-THROUGH ENTITY
THAT OWNS AN INTEREST IN A PASS-THROUGH ENTITY.
"PRE-KINDERGARTEN PROGRAM." A PROGRAM OF INSTRUCTION FOR
THREE-YEAR-OLD, FOUR-YEAR-OLD, FIVE-YEAR-OLD OR SIX-YEAR-OLD
STUDENTS, OTHER THAN A KINDERGARTEN, THAT UTILIZES A CURRICULUM
ALIGNED WITH THE CURRICULUM OF THE SCHOOL WITH WHICH IT IS
AFFILIATED AND WHICH PROVIDES ONE OF THE FOLLOWING:
(1) A MINIMUM OF TWO HOURS OF INSTRUCTIONAL AND
DEVELOPMENTAL ACTIVITIES PER DAY AT LEAST 60 DAYS PER SCHOOL
YEAR.
(2) A MINIMUM OF TWO HOURS OF INSTRUCTIONAL AND
DEVELOPMENTAL ACTIVITIES PER DAY AT LEAST 20 DAYS OVER THE
SUMMER RECESS.
"PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATION." A NONPROFIT
ENTITY WHICH:
(1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)
(3) OF THE INTERNAL REVENUE CODE OF 1986 OR IS OPERATED AS A
SEPARATE SEGREGATED FUND BY A SCHOLARSHIP ORGANIZATION THAT
HAS BEEN QUALIFIED UNDER SECTION 2003-B; AND
(2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL CASH RECEIPTS
TO A PRE-KINDERGARTEN SCHOLARSHIP PROGRAM BY EXPENDING OR
OTHERWISE IRREVOCABLY ENCUMBERING THOSE FUNDS FOR
DISTRIBUTION DURING THE THEN CURRENT FISCAL YEAR OF THE
ORGANIZATION OR DURING THE NEXT SUCCEEDING FISCAL YEAR OF THE
ORGANIZATION.
"PRE-KINDERGARTEN SCHOLARSHIP PROGRAM." A PROGRAM TO PROVIDE
TUITION TO ELIGIBLE PRE-KINDERGARTEN STUDENTS TO ATTEND A PRE-
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KINDERGARTEN PROGRAM OPERATED BY OR IN CONJUNCTION WITH A SCHOOL
LOCATED IN THIS COMMONWEALTH AND THAT INCLUDES AN APPLICATION
AND REVIEW PROCESS FOR THE PURPOSE OF MAKING AWARDS TO ELIGIBLE
PRE-KINDERGARTEN STUDENTS AND AWARDS SCHOLARSHIPS TO ELIGIBLE
PRE-KINDERGARTEN STUDENTS WITHOUT LIMITING AVAILABILITY TO ONLY
STUDENTS OF ONE SCHOOL OR ONE BUILDING WITHIN A SCHOOL DISTRICT
OR NONPUBLIC SCHOOL ENTITY.
"PUBLIC SCHOOL." A PUBLIC PRE-KINDERGARTEN WHERE COMPULSORY
ATTENDANCE REQUIREMENTS DO NOT APPLY OR A PUBLIC KINDERGARTEN,
ELEMENTARY SCHOOL, SECONDARY SCHOOL OR CAREER AND TECHNICAL
SCHOOL AT WHICH THE COMPULSORY ATTENDANCE REQUIREMENTS OF THIS
COMMONWEALTH MAY BE MET AND WHICH MEETS THE APPLICABLE
REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC
LAW 88-352, 78 STAT. 241).
"RECIPIENT." AN APPLICANT WHO RECEIVES A SCHOLARSHIP.
"SCHOLARSHIP." AN AWARD UNDER A SCHOLARSHIP PROGRAM TO PAY
TUITION AND SCHOOL-RELATED FEES TO ATTEND A SCHOOL.
"SCHOLARSHIP ORGANIZATION." A NONPROFIT ENTITY WHICH:
(1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)
(3) OF THE INTERNAL REVENUE CODE OF 1986; AND
(2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL CASH RECEIPTS
TO A SCHOLARSHIP PROGRAM.
FOR PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY
"CONTRIBUTES" ITS ANNUAL CASH RECEIPTS TO A SCHOLARSHIP PROGRAM
WHEN IT EXPENDS OR OTHERWISE IRREVOCABLY ENCUMBERS THOSE FUNDS
FOR DISTRIBUTION DURING THE THEN CURRENT FISCAL YEAR OF THE
NONPROFIT ENTITY OR DURING THE NEXT SUCCEEDING FISCAL YEAR OF
THE NONPROFIT ENTITY.
"SCHOLARSHIP PROGRAM." A PROGRAM TO PROVIDE TUITION AND
SCHOOL-RELATED FEES TO ELIGIBLE STUDENTS TO ATTEND A SCHOOL
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LOCATED IN THIS COMMONWEALTH. A SCHOLARSHIP PROGRAM MUST INCLUDE
AN APPLICATION AND REVIEW PROCESS FOR THE PURPOSE OF MAKING
AWARDS TO ELIGIBLE STUDENTS. THE AWARD OF SCHOLARSHIPS TO
ELIGIBLE STUDENTS SHALL BE MADE WITHOUT LIMITING AVAILABILITY TO
ONLY STUDENTS OF ONE SCHOOL OR ONE BUILDING WITHIN A SCHOOL
DISTRICT OR NONPUBLIC SCHOOL ENTITY.
"SCHOOL." A PUBLIC OR NONPUBLIC PRE-KINDERGARTEN,
KINDERGARTEN, ELEMENTARY SCHOOL OR SECONDARY SCHOOL AT WHICH THE
COMPULSORY ATTENDANCE REQUIREMENTS OF THE COMMONWEALTH MAY BE
MET AND WHICH MEETS THE APPLICABLE REQUIREMENTS OF TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964.
"SCHOOL AGE." CHILDREN FROM THE EARLIEST ADMISSION AGE TO A
SCHOOL'S PRE-KINDERGARTEN OR KINDERGARTEN PROGRAM OR, WHEN NO
PRE-KINDERGARTEN OR KINDERGARTEN PROGRAM IS PROVIDED, THE
SCHOOL'S EARLIEST ADMISSION AGE FOR BEGINNERS, UNTIL THE END OF
THE SCHOOL YEAR THE STUDENT ATTAINS 21 YEARS OF AGE OR
GRADUATION FROM HIGH SCHOOL, WHICHEVER OCCURS FIRST.
"SCHOOL DISTRICT OF RESIDENCE." THE SCHOOL DISTRICT IN WHICH
THE STUDENT'S PRIMARY DOMICILE IS LOCATED.
"SCHOOL-RELATED FEES." FEES CHARGED BY A SCHOOL TO ALL
STUDENTS FOR BOOKS, INSTRUCTIONAL MATERIALS, TECHNOLOGY
EQUIPMENT AND SERVICES, UNIFORMS AND ACTIVITIES.
"SECONDARY SCHOOL." A SCHOOL WITH AN ELEVENTH GRADE.
"SPECIAL EDUCATION SCHOOL." A SCHOOL OR PROGRAM WITHIN A
SCHOOL THAT IS DESIGNATED SPECIFICALLY AND EXCLUSIVELY FOR
STUDENTS WITH ANY OF THE DISABILITIES LISTED IN 34 CFR ยง 300.8
AND MEETS ONE OF THE FOLLOWING:
(1) IS LICENSED UNDER THE ACT OF JANUARY 28, 1988
(P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC SCHOOLS ACT.
(2) IS ACCREDITED BY AN ACCREDITING ASSOCIATION APPROVED
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BY THE STATE BOARD OF EDUCATION.
(3) IS A SCHOOL FOR THE BLIND OR DEAF RECEIVING
COMMONWEALTH APPROPRIATIONS.
(4) IS OPERATED BY OR UNDER THE AUTHORITY OF A BONA FIDE
RELIGIOUS INSTITUTION OR BY THE COMMONWEALTH OR ANY POLITICAL
SUBDIVISION THEREOF.
"STUDENT." AN INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING:
(1) IS SCHOOL AGE.
(2) IS A RESIDENT OF THIS COMMONWEALTH.
(3) ATTENDS OR IS ABOUT TO ATTEND A SCHOOL.
"SUPPORT LEVEL." THE LEVEL OF SUPPORT NEEDED BY AN ELIGIBLE
STUDENT WITH A DISABILITY, AS SET FORTH IN THE FOLLOWING MATRIX:
SUPPORT LEVEL 1 - THE STUDENT IS NOT ENROLLED IN A
SPECIAL EDUCATION SCHOOL.
SUPPORT LEVEL 2 - THE STUDENT IS ENROLLED AS A STUDENT IN
A SPECIAL EDUCATION SCHOOL.
"TAX REFORM CODE OF 1971." THE ACT OF MARCH 4, 1971 (P.L.6,
NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
SECTION 2003-B. QUALIFICATION AND APPLICATION BY ORGANIZATIONS.
(A) ESTABLISHMENT.--IN ACCORDANCE WITH SECTION 14 OF ARTICLE
III OF THE CONSTITUTION OF PENNSYLVANIA, THE EDUCATIONAL
IMPROVEMENT AND OPPORTUNITY SCHOLARSHIP TAX CREDIT PROGRAMS ARE
HEREBY ESTABLISHED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES
AVAILABLE TO ALL STUDENTS IN THIS COMMONWEALTH.
(B) INFORMATION.--IN ORDER TO QUALIFY UNDER THIS ARTICLE, AN
EDUCATIONAL IMPROVEMENT ORGANIZATION, A SCHOLARSHIP
ORGANIZATION, A PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATION OR AN
OPPORTUNITY SCHOLARSHIP ORGANIZATION MUST SUBMIT INFORMATION TO
THE DEPARTMENT THAT ENABLES THE DEPARTMENT TO CONFIRM THAT THE
ORGANIZATION IS EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF
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THE INTERNAL REVENUE CODE OF 1986.
(C) SCHOLARSHIP ORGANIZATIONS AND PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATIONS.--A SCHOLARSHIP ORGANIZATION OR PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATION MUST CERTIFY TO THE
DEPARTMENT THAT THE ORGANIZATION IS ELIGIBLE TO PARTICIPATE IN
THE EDUCATIONAL IMPROVEMENT TAX CREDIT PROGRAM ESTABLISHED UNDER
THIS ARTICLE AND MUST AGREE TO ANNUALLY REPORT THE FOLLOWING
INFORMATION TO THE DEPARTMENT BY SEPTEMBER 1 OF EACH YEAR:
(1) (I) THE NUMBER OF SCHOLARSHIPS AWARDED DURING THE
IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE PRE-
KINDERGARTEN STUDENTS.
(II) THE TOTAL AND AVERAGE AMOUNTS OF THE
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO ELIGIBLE PRE-KINDERGARTEN STUDENTS.
(III) THE NUMBER OF SCHOLARSHIPS AWARDED DURING THE
IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN
GRADES KINDERGARTEN THROUGH EIGHT.
(IV) THE TOTAL AND AVERAGE AMOUNTS OF THE
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO ELIGIBLE STUDENTS IN GRADES KINDERGARTEN
THROUGH EIGHT.
(V) THE NUMBER OF SCHOLARSHIPS AWARDED DURING THE
IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN
GRADES NINE THROUGH 12.
(VI) THE TOTAL AND AVERAGE AMOUNTS OF THE
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO ELIGIBLE STUDENTS IN GRADES NINE THROUGH
12.
(VII) WHERE THE SCHOLARSHIP ORGANIZATION OR PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATION COLLECTS
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INFORMATION ON A COUNTY-BY-COUNTY BASIS, THE TOTAL NUMBER
AND THE TOTAL AMOUNT OF SCHOLARSHIPS AWARDED DURING THE
IMMEDIATELY PRECEDING SCHOOL YEAR TO RESIDENTS OF EACH
COUNTY IN WHICH THE SCHOLARSHIP ORGANIZATION OR PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATION AWARDED
SCHOLARSHIPS.
(VIII) THE TOTAL NUMBER OF SCHOLARSHIP APPLICATIONS
PROCESSED AND THE AMOUNTS OF ANY APPLICATION FEES
CHARGED, EITHER PER SCHOLARSHIP APPLICATION OR IN THE
AGGREGATE THROUGH A THIRD-PARTY PROCESSOR.
(IX) THE ORGANIZATION'S FEDERAL FORM 990 OR OTHER
FEDERAL FORM INDICATING THE TAX STATUS OF THE
ORGANIZATION FOR FEDERAL TAX PURPOSES, IF ANY, AND A COPY
OF A COMPILATION, REVIEW OR AUDIT OF THE ORGANIZATION'S
FINANCIAL STATEMENTS CONDUCTED BY A CERTIFIED PUBLIC
ACCOUNTING FIRM.
(2) THE INFORMATION REQUIRED UNDER PARAGRAPH (1) SHALL
BE SUBMITTED ON A FORM PROVIDED BY THE DEPARTMENT. NO LATER
THAN MAY 1 OF EACH YEAR, THE DEPARTMENT SHALL ANNUALLY
DISTRIBUTE SUCH SAMPLE FORMS, TOGETHER WITH THE FORMS ON
WHICH THE REPORTS ARE REQUIRED TO BE MADE, TO EACH LISTED
SCHOLARSHIP ORGANIZATION AND PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATION.
(3) THE DEPARTMENT MAY NOT REQUIRE ANY OTHER INFORMATION
TO BE PROVIDED BY SCHOLARSHIP ORGANIZATIONS OR PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS, EXCEPT AS EXPRESSLY
AUTHORIZED IN THIS ARTICLE.
(D) EDUCATIONAL IMPROVEMENT ORGANIZATION.--
(1) AN APPLICATION SUBMITTED BY AN EDUCATIONAL
IMPROVEMENT ORGANIZATION MUST DESCRIBE ITS PROPOSED
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INNOVATIVE EDUCATIONAL PROGRAM OR PROGRAMS IN A FORM
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT SHALL CONSULT
WITH THE DEPARTMENT OF EDUCATION AS NECESSARY. THE DEPARTMENT
SHALL REVIEW AND APPROVE OR DISAPPROVE THE APPLICATION. IN
ORDER TO BE ELIGIBLE TO PARTICIPATE IN THE EDUCATIONAL
IMPROVEMENT TAX CREDIT PROGRAM ESTABLISHED UNDER THIS
ARTICLE, AN EDUCATIONAL IMPROVEMENT ORGANIZATION MUST AGREE
TO ANNUALLY REPORT THE FOLLOWING INFORMATION TO THE
DEPARTMENT BY SEPTEMBER 1 OF EACH YEAR:
(I) THE NAME OF THE INNOVATIVE EDUCATIONAL PROGRAM
OR PROGRAMS AND THE TOTAL AMOUNT OF THE GRANT OR GRANTS
MADE TO THOSE PROGRAMS DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR.
(II) A DESCRIPTION OF HOW EACH GRANT WAS UTILIZED
DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR AND A
DESCRIPTION OF ANY DEMONSTRATED OR EXPECTED INNOVATIVE
EDUCATIONAL IMPROVEMENTS.
(III) THE NAMES OF THE PUBLIC SCHOOLS AND SCHOOL
DISTRICTS WHERE INNOVATIVE EDUCATIONAL PROGRAMS THAT
RECEIVED GRANTS DURING THE IMMEDIATELY PRECEDING SCHOOL
YEAR WERE IMPLEMENTED.
(IV) WHERE THE EDUCATIONAL IMPROVEMENT ORGANIZATION
COLLECTS INFORMATION ON A COUNTY-BY-COUNTY BASIS, THE
TOTAL NUMBER AND THE TOTAL AMOUNT OF GRANTS MADE DURING
THE IMMEDIATELY PRECEDING SCHOOL YEAR FOR PROGRAMS AT
PUBLIC SCHOOLS IN EACH COUNTY IN WHICH THE EDUCATIONAL
IMPROVEMENT ORGANIZATION MADE GRANTS.
(V) THE ORGANIZATION'S FEDERAL FORM 990 OR OTHER
FEDERAL FORM INDICATING THE TAX STATUS OF THE
ORGANIZATION FOR FEDERAL TAX PURPOSES, IF ANY, AND A COPY
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OF A COMPILATION, REVIEW OR AUDIT OF THE ORGANIZATION'S
FINANCIAL STATEMENTS CONDUCTED BY A CERTIFIED PUBLIC
ACCOUNTING FIRM.
(2) THE INFORMATION REQUIRED UNDER PARAGRAPH (1) SHALL
BE SUBMITTED ON A FORM PROVIDED BY THE DEPARTMENT. NO LATER
THAN MAY 1 OF EACH YEAR, THE DEPARTMENT SHALL ANNUALLY
DISTRIBUTE SUCH SAMPLE FORMS, TOGETHER WITH THE FORMS ON
WHICH THE REPORTS ARE REQUIRED TO BE MADE, TO EACH LISTED
EDUCATIONAL IMPROVEMENT ORGANIZATION.
(3) THE DEPARTMENT MAY NOT REQUIRE ANY OTHER INFORMATION
TO BE PROVIDED BY EDUCATIONAL IMPROVEMENT ORGANIZATIONS,
EXCEPT AS EXPRESSLY AUTHORIZED IN THIS ARTICLE.
(D.1) OPPORTUNITY SCHOLARSHIP ORGANIZATIONS.--
(1) AN OPPORTUNITY SCHOLARSHIP ORGANIZATION MUST ENHANCE
THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO STUDENTS IN THIS
COMMONWEALTH BY PROVIDING OPPORTUNITY SCHOLARSHIPS TO
ELIGIBLE STUDENTS WHO RESIDE WITHIN THE ATTENDANCE BOUNDARY
OF LOW-ACHIEVING SCHOOLS TO ATTEND SCHOOLS WHICH ARE NOT LOW-
ACHIEVING SCHOOLS AND WHICH ARE NOT PUBLIC SCHOOLS WITHIN THE
ELIGIBLE STUDENT'S SCHOOL DISTRICT OF RESIDENCE. BY FEBRUARY
15 OF EACH YEAR, AN OPPORTUNITY SCHOLARSHIP ORGANIZATION MUST
CERTIFY TO THE DEPARTMENT THAT THE ORGANIZATION IS ELIGIBLE
TO PARTICIPATE IN THE OPPORTUNITY SCHOLARSHIP TAX CREDIT
PROGRAM.
(2) AN OPPORTUNITY SCHOLARSHIP ORGANIZATION MUST AGREE
TO REPORT THE FOLLOWING INFORMATION ON A FORM PROVIDED BY THE
DEPARTMENT BY SEPTEMBER 1 OF EACH YEAR:
(I) THE TOTAL NUMBER OF APPLICATIONS FOR OPPORTUNITY
SCHOLARSHIPS RECEIVED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR FROM ELIGIBLE STUDENTS IN GRADES KINDERGARTEN
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THROUGH EIGHT.
(II) THE NUMBER OF OPPORTUNITY SCHOLARSHIPS AWARDED
DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE
STUDENTS IN GRADES KINDERGARTEN THROUGH EIGHT.
(III) THE TOTAL AND AVERAGE AMOUNTS OF THE
OPPORTUNITY SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY
PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN GRADES
KINDERGARTEN THROUGH EIGHT.
(IV) THE TOTAL NUMBER OF APPLICATIONS FOR
OPPORTUNITY SCHOLARSHIPS RECEIVED DURING THE IMMEDIATELY
PRECEDING SCHOOL YEAR FROM ELIGIBLE STUDENTS IN GRADES
NINE THROUGH 12.
(V) THE NUMBER OF OPPORTUNITY SCHOLARSHIPS AWARDED
DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO ELIGIBLE
STUDENTS IN GRADES NINE THROUGH 12.
(VI) THE TOTAL AND AVERAGE AMOUNTS OF THE
OPPORTUNITY SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY
PRECEDING SCHOOL YEAR TO ELIGIBLE STUDENTS IN GRADES NINE
THROUGH 12.
(VII) WHERE THE OPPORTUNITY SCHOLARSHIP ORGANIZATION
COLLECTS INFORMATION ON A COUNTY-BY-COUNTY BASIS, THE
TOTAL NUMBER AND THE TOTAL AMOUNT OF OPPORTUNITY
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO RESIDENTS OF EACH COUNTY IN WHICH THE
OPPORTUNITY SCHOLARSHIP ORGANIZATION AWARDED OPPORTUNITY
SCHOLARSHIPS.
(VIII) THE NUMBER OF OPPORTUNITY SCHOLARSHIPS
AWARDED DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO
APPLICANTS WITH A HOUSEHOLD INCOME THAT DOES NOT EXCEED
185% OF THE FEDERAL POVERTY LEVEL.
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(IX) THE TOTAL AND AVERAGE AMOUNTS OF OPPORTUNITY
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO APPLICANTS WITH A HOUSEHOLD INCOME THAT
DOES NOT EXCEED 185% OF THE FEDERAL POVERTY LEVEL.
(X) THE NUMBER OF OPPORTUNITY SCHOLARSHIPS AWARDED
DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO
APPLICANTS WITH A HOUSEHOLD INCOME THAT DOES NOT EXCEED
185% OF THE FEDERAL POVERTY LEVEL AND WHO RESIDE WITHIN A
FIRST CLASS SCHOOL DISTRICT.
(XI) THE TOTAL AND AVERAGE AMOUNTS OF OPPORTUNITY
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO APPLICANTS WITH A HOUSEHOLD INCOME THAT
DOES NOT EXCEED 185% OF THE FEDERAL POVERTY LEVEL AND WHO
RESIDE WITHIN A FIRST CLASS SCHOOL DISTRICT.
(XII) THE NUMBER OF OPPORTUNITY SCHOLARSHIPS AWARDED
DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR TO
APPLICANTS WITH A HOUSEHOLD INCOME THAT DOES NOT EXCEED
185% OF THE FEDERAL POVERTY LEVEL AND WHO RESIDE WITHIN A
SCHOOL DISTRICT THAT WAS DESIGNATED AS A FINANCIAL
RECOVERY SCHOOL DISTRICT UNDER ARTICLE VI-A AT THE TIME
OF THE AWARD.
(XIII) THE TOTAL AND AVERAGE AMOUNTS OF OPPORTUNITY
SCHOLARSHIPS AWARDED DURING THE IMMEDIATELY PRECEDING
SCHOOL YEAR TO APPLICANTS WITH A HOUSEHOLD INCOME THAT
DOES NOT EXCEED 185% OF THE FEDERAL POVERTY LEVEL AND WHO
RESIDE WITHIN A SCHOOL DISTRICT THAT WAS DESIGNATED AS A
FINANCIAL RECOVERY SCHOOL DISTRICT UNDER ARTICLE VI-A AT
THE TIME OF THE AWARD.
(XIV) THE TOTAL NUMBER OF OPPORTUNITY SCHOLARSHIP
APPLICATIONS PROCESSED AND THE AMOUNTS OF ANY APPLICATION
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FEES CHARGED EITHER PER OPPORTUNITY SCHOLARSHIP
APPLICATION OR IN THE AGGREGATE THROUGH A THIRD-PARTY
PROCESSOR.
(XV) THE OPPORTUNITY SCHOLARSHIP ORGANIZATION'S
FEDERAL FORM 990 OR OTHER FEDERAL FORM INDICATING THE TAX
STATUS OF THE OPPORTUNITY SCHOLARSHIP ORGANIZATION FOR
FEDERAL TAX PURPOSES, IF ANY, AND A COPY OF A
COMPILATION, REVIEW OR AUDIT OF THE OPPORTUNITY
SCHOLARSHIP ORGANIZATION'S FINANCIAL STATEMENTS CONDUCTED
BY A CERTIFIED PUBLIC ACCOUNTING FIRM.
(3) NO LATER THAN MAY 1 OF EACH YEAR, THE DEPARTMENT
SHALL ANNUALLY DISTRIBUTE SUCH SAMPLE FORMS, TOGETHER WITH
THE FORMS ON WHICH THE REPORTS ARE REQUIRED TO BE MADE, TO
EACH LISTED OPPORTUNITY SCHOLARSHIP ORGANIZATION.
(4) THE DEPARTMENT MAY NOT REQUIRE OTHER INFORMATION TO
BE PROVIDED BY OPPORTUNITY SCHOLARSHIP ORGANIZATIONS, EXCEPT
AS EXPRESSLY AUTHORIZED IN THIS ARTICLE.
(E) NOTIFICATION.--THE DEPARTMENT SHALL NOTIFY THE
SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATION, EDUCATIONAL IMPROVEMENT ORGANIZATION OR
OPPORTUNITY SCHOLARSHIP ORGANIZATION THAT THE ORGANIZATION MEETS
THE REQUIREMENTS OF AND IS QUALIFIED UNDER THIS ARTICLE FOR THAT
FISCAL YEAR NO LATER THAN 60 DAYS AFTER THE ORGANIZATION HAS
SUBMITTED THE INFORMATION REQUIRED UNDER THIS SECTION.
(F) PUBLICATION.--THE DEPARTMENT SHALL ANNUALLY PUBLISH A
LIST OF EACH SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATION, EDUCATIONAL IMPROVEMENT ORGANIZATION
AND OPPORTUNITY SCHOLARSHIP ORGANIZATION QUALIFIED UNDER THIS
SECTION IN THE PENNSYLVANIA BULLETIN. THE LIST SHALL ALSO BE
POSTED AND UPDATED AS NECESSARY ON THE PUBLICLY ACCESSIBLE
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INTERNET WEBSITE OF THE DEPARTMENT.
SECTION 2004-B. APPLICATION BY BUSINESS FIRMS.
(A) SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATION OR OPPORTUNITY SCHOLARSHIP ORGANIZATION.--A
BUSINESS FIRM SHALL APPLY TO THE DEPARTMENT FOR A TAX CREDIT FOR
CONTRIBUTIONS TO A SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATION OR OPPORTUNITY SCHOLARSHIP ORGANIZATION
UNDER SECTION 2005-B. A BUSINESS FIRM SHALL RECEIVE A TAX CREDIT
UNDER THIS ARTICLE IF THE SCHOLARSHIP ORGANIZATION, PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATION OR OPPORTUNITY SCHOLARSHIP
ORGANIZATION THAT RECEIVES THE CONTRIBUTION APPEARS ON THE LIST
ESTABLISHED UNDER SECTION 2003-B(F), SUBJECT TO THE LIMITATIONS
IN SECTIONS 2005-B AND 2006-B.
(B) EDUCATIONAL IMPROVEMENT ORGANIZATION.--A BUSINESS FIRM
MUST APPLY TO THE DEPARTMENT FOR A CREDIT FOR A CONTRIBUTION TO
AN EDUCATIONAL IMPROVEMENT ORGANIZATION UNDER SECTION 2005-B. A
BUSINESS FIRM SHALL RECEIVE A TAX CREDIT UNDER THIS ARTICLE IF
THE DEPARTMENT HAS APPROVED THE PROGRAM PROVIDED BY THE
EDUCATIONAL IMPROVEMENT ORGANIZATION THAT RECEIVES THE
CONTRIBUTION, SUBJECT TO THE LIMITATIONS IN SECTIONS 2005-B AND
2006-B.
(C) AVAILABILITY OF TAX CREDITS.--TAX CREDITS UNDER THIS
ARTICLE SHALL BE MADE AVAILABLE BY THE DEPARTMENT ON A FIRST-
COME, FIRST-SERVED BASIS WITHIN THE LIMITATION ESTABLISHED UNDER
SECTION 2006-B(A).
(D) CONTRIBUTIONS.--A CONTRIBUTION BY A BUSINESS FIRM TO A
SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATION, OPPORTUNITY SCHOLARSHIP ORGANIZATION OR
EDUCATIONAL IMPROVEMENT ORGANIZATION SHALL BE MADE NO LATER THAN
60 DAYS FOLLOWING THE APPROVAL OF AN APPLICATION UNDER
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SUBSECTION (A) OR (B).
(E) APPLICATION IN THE ALTERNATIVE.--AT THE TIME OF
APPLICATION FOR AN EDUCATIONAL IMPROVEMENT OR OPPORTUNITY
SCHOLARSHIP TAX CREDIT, THE DEPARTMENT SHALL ADVISE A BUSINESS
FIRM THAT THE FIRM MAY ELECT THAT ITS APPLICATION FOR A
PARTICULAR CREDIT WILL, IN THE ALTERNATIVE, BE DEEMED AN
APPLICATION RECEIVED BY THE DEPARTMENT ON THE SAME DATE AS THE
PREFERRED APPLICATION, BUT FOR A DIFFERENT TAX CREDIT AUTHORIZED
UNDER THIS SECTION IF THE BUSINESS FIRM'S PREFERRED CHOICE OF
TAX CREDIT IS NOT AVAILABLE. WHEN A BUSINESS FIRM DOES NOT
RECEIVE ITS PREFERRED CHOICE OF TAX CREDIT, THE DEPARTMENT SHALL
PROMPTLY CONSIDER THE BUSINESS FIRM'S APPLICATION IN THE
ALTERNATIVE FOR A DIFFERENT TAX CREDIT AUTHORIZED UNDER THIS
SECTION.
SECTION 2005-B. TAX CREDITS.
(A) SCHOLARSHIP OR EDUCATIONAL IMPROVEMENT ORGANIZATIONS.--
IN ACCORDANCE WITH SECTION 2006-B, THE DEPARTMENT OF REVENUE
SHALL GRANT A TAX CREDIT AGAINST ANY APPLICABLE TAX TO A
BUSINESS FIRM PROVIDING PROOF OF A CONTRIBUTION TO A SCHOLARSHIP
ORGANIZATION OR EDUCATIONAL IMPROVEMENT ORGANIZATION IN THE
TAXABLE YEAR IN WHICH THE CONTRIBUTION IS MADE IN ACCORDANCE
WITH THE FOLLOWING:
(1) THE TAX CREDIT SHALL NOT EXCEED 75% OF THE TOTAL
AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR BY THE BUSINESS
FIRM.
(2) FOR FISCAL YEAR 2014-2015, AND EACH FISCAL YEAR
THEREAFTER, THE TAX CREDIT SHALL NOT EXCEED $750,000 ANNUALLY
PER BUSINESS FIRM FOR CONTRIBUTIONS MADE TO SCHOLARSHIP
ORGANIZATIONS OR EDUCATIONAL IMPROVEMENT ORGANIZATIONS EXCEPT
AS PROVIDED UNDER SUBSECTION (I) .
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(A.1) OPPORTUNITY SCHOLARSHIP ORGANIZATIONS.--IN ACCORDANCE
WITH SECTION 2006-B, THE DEPARTMENT OF REVENUE SHALL GRANT A TAX
CREDIT AGAINST ANY APPLICABLE TAX TO A BUSINESS FIRM PROVIDING
PROOF OF A CONTRIBUTION TO AN OPPORTUNITY SCHOLARSHIP
ORGANIZATION IN THE TAXABLE YEAR IN WHICH THE CONTRIBUTION IS
MADE IN ACCORDANCE WITH THE FOLLOWING:
(1) THE TAX CREDIT SHALL NOT EXCEED 75% OF THE TOTAL
AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR BY THE BUSINESS
FIRM.
(2) FOR FISCAL YEAR 2014-2015, AND EACH FISCAL YEAR
THEREAFTER, THE TAX CREDIT SHALL NOT EXCEED $750,000 ANNUALLY
PER BUSINESS FIRM FOR CONTRIBUTIONS MADE TO OPPORTUNITY
SCHOLARSHIP ORGANIZATIONS, EXCEPT AS PROVIDED IN SUBSECTION
(I).
(B) ADDITIONAL AMOUNT.--IN ACCORDANCE WITH SECTION 2006-B,
THE DEPARTMENT OF REVENUE SHALL GRANT A TAX CREDIT OF UP TO 90%
OF THE TOTAL AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR IF THE
BUSINESS FIRM PROVIDES A WRITTEN COMMITMENT TO PROVIDE THE
SCHOLARSHIP ORGANIZATION, EDUCATIONAL IMPROVEMENT ORGANIZATION
OR OPPORTUNITY SCHOLARSHIP ORGANIZATION WITH THE SAME AMOUNT OF
CONTRIBUTION FOR TWO CONSECUTIVE TAX YEARS. THE BUSINESS FIRM
MUST PROVIDE THE WRITTEN COMMITMENT UNDER THIS SUBSECTION TO THE
DEPARTMENT AT THE TIME OF APPLICATION.
(C) PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS.--IN
ACCORDANCE WITH SECTION 2006-B, THE DEPARTMENT OF REVENUE SHALL
GRANT A TAX CREDIT AGAINST ANY APPLICABLE TAX TO A BUSINESS FIRM
PROVIDING PROOF OF A CONTRIBUTION TO A PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATION IN THE TAXABLE YEAR IN WHICH THE
CONTRIBUTION IS MADE IN ACCORDANCE WITH THE FOLLOWING:
(1) THE TAX CREDIT SHALL BE EQUAL TO 100% OF THE FIRST
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$10,000 CONTRIBUTED DURING THE TAXABLE YEAR BY THE BUSINESS
FIRM AND SHALL NOT EXCEED 90% OF THE REMAINING AMOUNT
CONTRIBUTED DURING THE TAXABLE YEAR BY THE BUSINESS FIRM. AT
THE TIME OF APPLICATION, A BUSINESS FIRM MAY PROVIDE A
WRITTEN COMMITMENT TO THE DEPARTMENT TO PROVIDE THE PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATION WITH AT LEAST THE SAME
AMOUNT OF CONTRIBUTION FOR TWO CONSECUTIVE YEARS.
(2) THE TAX CREDIT SHALL NOT EXCEED $200,000 ANNUALLY
PER BUSINESS FIRM FOR CONTRIBUTIONS MADE TO PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATIONS, EXCEPT AS PROVIDED IN SUBSECTION
(I).
(D) COMBINATION OF TAX CREDITS.--IN ACCORDANCE WITH SECTION
2006-B, A BUSINESS FIRM MAY RECEIVE TAX CREDITS FROM THE
DEPARTMENT OF REVENUE IN ANY TAX YEAR FOR ANY COMBINATION OF
CONTRIBUTIONS UNDER SUBSECTION (A), (A.1), (B) OR (C). EXCEPT AS
PROVIDED IN SUBSECTION (I), IN NO CASE MAY A BUSINESS FIRM
RECEIVE TAX CREDITS IN ANY TAX YEAR IN EXCESS OF THE FOLLOWING:
(1) $750,000 FOR COMBINED CONTRIBUTIONS TO SCHOLARSHIP
AND EDUCATIONAL IMPROVEMENT ORGANIZATIONS UNDER SUBSECTIONS
(A) AND (B).
(2) $750,000 FOR CONTRIBUTIONS TO OPPORTUNITY
SCHOLARSHIP ORGANIZATIONS UNDER SUBSECTIONS (A.1) AND (B).
(3) $200,000 FOR CONTRIBUTIONS TO PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATIONS UNDER SUBSECTION (C).
(E) PASS-THROUGH ENTITY.--
(1) IF A PASS-THROUGH ENTITY DOES NOT INTEND TO USE ALL
APPROVED TAX CREDITS UNDER THIS SECTION, IT MAY ELECT IN
WRITING TO DISTRIBUTE FOR NO CONSIDERATION ALL OR A PORTION
OF THE CREDIT TO SHAREHOLDERS, MEMBERS OR PARTNERS IN
PROPORTION TO THE PERCENTAGE INTEREST OF THE SHAREHOLDER,
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MEMBER OR PARTNER IN DISTRIBUTIONS FROM THE PASS-THROUGH
ENTITY, WHICH CREDITS MAY BE USED BY THE SHAREHOLDERS,
MEMBERS OR PARTNERS IN THE TAXABLE YEAR IN WHICH THE
CONTRIBUTION IS MADE OR IN THE TAXABLE YEAR IMMEDIATELY
FOLLOWING THE YEAR IN WHICH THE CONTRIBUTION IS MADE. THE
ELECTION SHALL DESIGNATE THE YEAR IN WHICH THE DISTRIBUTED
CREDITS ARE TO BE USED AND SHALL BE MADE ACCORDING TO
PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REVENUE. A PASS-
THROUGH ENTITY THAT RECEIVED A DISTRIBUTION FROM A PASS-
THROUGH ENTITY UNDER THIS PARAGRAPH MAY MAKE A DISTRIBUTION
UNDER THIS PARAGRAPH.
(2) A PASS-THROUGH ENTITY AND A SHAREHOLDER, MEMBER OR
PARTNER OF A PASS-THROUGH ENTITY SHALL NOT CLAIM THE CREDIT
UNDER THIS SECTION FOR THE SAME CONTRIBUTION.
(3) THE SHAREHOLDER, MEMBER OR PARTNER MAY NOT CARRY
FORWARD, CARRY BACK, OBTAIN A REFUND OF OR SELL OR ASSIGN THE
CREDIT.
(4) AN INDIVIDUAL SHAREHOLDER, PARTNER OR MEMBER MAY
APPLY A CREDIT DISTRIBUTED UNDER THIS SECTION TO INCOME
TAXABLE UNDER ARTICLE III OF THE TAX REFORM CODE OF 1971 TO
THE SHAREHOLDER, PARTNER OR MEMBER, TO THE SPOUSE OF THE
SHAREHOLDER, PARTNER OR MEMBER OR TO BOTH, IF BOTH THE
SHAREHOLDER, PARTNER OR MEMBER AND THE SPOUSE REPORT INCOME
ON A JOINT PERSONAL INCOME TAX RETURN.
(F) RESTRICTION ON APPLICABILITY OF CREDITS.--NO CREDITS
GRANTED UNDER THIS SECTION SHALL BE APPLIED AGAINST ANY TAX
WITHHELD BY AN EMPLOYER FROM AN EMPLOYEE UNDER ARTICLE III OF
THE TAX REFORM CODE OF 1971.
(G) TIME OF APPLICATION FOR CREDITS.--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEPARTMENT
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MAY ACCEPT APPLICATIONS FOR TAX CREDITS AVAILABLE DURING A
FISCAL YEAR NO EARLIER THAN JULY 1 OF EACH FISCAL YEAR.
(2) THE APPLICATION OF ANY BUSINESS FIRM FOR TAX CREDITS
AVAILABLE DURING A FISCAL YEAR AS PART OF THE SECOND YEAR OF
A TWO-YEAR COMMITMENT OR AS A RENEWAL OF A TWO-YEAR
COMMITMENT WHICH WAS FULFILLED IN THE PREVIOUS FISCAL YEAR
MAY BE ACCEPTED NO EARLIER THAN MAY 15 PRECEDING THE FISCAL
YEAR.
(G.1) APPROVAL OF TAX CREDITS.--UNLESS OTHERWISE REQUESTED
BY THE BUSINESS FIRM AND AGREED TO BY BOTH THE BUSINESS FIRM AND
THE DEPARTMENT, AND UNLESS ALL AUTHORIZED CREDITS HAVE ALREADY
BEEN AWARDED:
(1) FOR FISCAL YEAR 2016-2017, AND EACH FISCAL YEAR
THEREAFTER, THE DEPARTMENT SHALL GIVE WRITTEN NOTICE OF ITS
APPROVAL TO EACH BUSINESS FIRM THAT SUBMITTED A COMPLETED
APPLICATION UNDER SUBSECTION (G) BY AUGUST 15, OR 30 DAYS
FOLLOWING RECEIPT OF THE COMPLETED APPLICATION, WHICHEVER IS
LATER.
(2) FOR FISCAL YEAR 2016-2017, AND EACH FISCAL YEAR
THEREAFTER, THE DEPARTMENT SHALL GIVE WRITTEN NOTICE OF ITS
APPROVAL TO EACH BUSINESS FIRM THAT SUBMITTED A COMPLETED
APPLICATION UNDER SUBSECTION (J)(2) WITHIN 30 DAYS FOLLOWING
RECEIPT OF THE COMPLETED APPLICATION.
(H) WAITING LIST.--THE DEPARTMENT SHALL MAINTAIN A WAITING
LIST CONSISTING OF EACH BUSINESS FIRM WHICH CHOOSES TO BE
INCLUDED ON THE LIST AND WHOSE APPLICATION HAS NOT BEEN APPROVED
BECAUSE ALL AVAILABLE TAX CREDITS HAVE BEEN AWARDED. A BUSINESS
FIRM THAT WAS NOT AWARDED A TAX CREDIT DUE TO A LACK OF
AVAILABLE TAX CREDITS SHALL BE NOTIFIED OF AND OFFERED A PLACE
ON THE WAITING LIST. WHEN TAX CREDITS BECOME AVAILABLE, THE
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DEPARTMENT SHALL AWARD THE TAX CREDITS TO THE BUSINESS FIRMS IN
THE ORDER IN WHICH THE BUSINESS FIRMS WERE PLACED ON THE WAITING
LIST.
(I) TEMPORARY INCREASE IN MAXIMUM TAX CREDITS AVAILABLE.--
(1) IF ALL TAX CREDITS AUTHORIZED UNDER THIS ARTICLE FOR
CONTRIBUTIONS TO THE CATEGORY OF SCHOLARSHIP ORGANIZATIONS,
OPPORTUNITY SCHOLARSHIP ORGANIZATIONS OR PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATIONS HAVE NOT BEEN AWARDED AS OF OCTOBER
1 OF ANY FISCAL YEAR, THEN FOR APPLICATIONS ACCEPTED BY THE
DEPARTMENT FROM OCTOBER 1 THROUGH NOVEMBER 30 OF SUCH FISCAL
YEAR, THE LIMITATIONS SET FORTH IN SUBSECTIONS (A), (A.1),
(C) AND (D) RELATING TO THE MAXIMUM AMOUNT OF TAX CREDITS A
BUSINESS FIRM CAN RECEIVE DURING A FISCAL YEAR FOR
CONTRIBUTIONS TO EACH SUCH CATEGORY OF ORGANIZATIONS SHALL
NOT APPLY. UNDER THIS PARAGRAPH, THE DEPARTMENT MAY ACCEPT
APPLICATIONS UNDER SECTION 2004-B FROM OCTOBER 1 THROUGH
NOVEMBER 30 AS FOLLOWS:
(I) A BUSINESS FIRM, INCLUDING A BUSINESS FIRM THAT
ALREADY APPLIED FOR THE MAXIMUM TAX CREDITS AVAILABLE
PURSUANT TO SUBSECTIONS (A) AND (D), MAY APPLY UNDER
SECTION 2004-B(A) FOR UP TO THE TOTAL AMOUNT OF TAX
CREDITS REMAINING AVAILABLE FOR CONTRIBUTIONS TO
SCHOLARSHIP ORGANIZATIONS FOR THE FISCAL YEAR AS SET
FORTH IN SECTION 2006-B(A)(1).
(II) A BUSINESS FIRM, INCLUDING A BUSINESS FIRM THAT
ALREADY APPLIED FOR THE MAXIMUM TAX CREDITS AVAILABLE
PURSUANT TO SUBSECTIONS (A.1) AND (D), MAY APPLY UNDER
SECTION 2004-B(A) FOR UP TO THE TOTAL AMOUNT OF TAX
CREDITS REMAINING AVAILABLE FOR CONTRIBUTIONS TO
OPPORTUNITY SCHOLARSHIP ORGANIZATIONS FOR THE FISCAL YEAR
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AS SET FORTH IN SECTION 2006-B(A)(3).
(III) A BUSINESS FIRM, INCLUDING A BUSINESS FIRM
THAT ALREADY APPLIED FOR THE MAXIMUM TAX CREDITS
AVAILABLE PURSUANT TO SUBSECTIONS (C) AND (D), MAY APPLY
UNDER SECTION 2004-B(A) FOR UP TO THE TOTAL AMOUNT OF TAX
CREDITS REMAINING AVAILABLE FOR CONTRIBUTIONS TO PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS FOR THE FISCAL
YEAR AS SET FORTH IN SECTION 2006-B(A)(2).
(2) THE PROVISIONS OF SUBSECTION (B) SHALL NOT APPLY TO
APPLICATIONS FOR TAX CREDITS MADE UNDER THIS SUBSECTION. TAX
CREDITS AWARDED UNDER THIS SUBSECTION SHALL NOT EXCEED 75% OF
THE TOTAL AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR BY A
BUSINESS FIRM PURSUANT TO AN APPLICATION FILED UNDER THIS
SUBSECTION.
(3) PRIOR TO THE AWARD OF TAX CREDITS APPLIED FOR UNDER
THIS SUBSECTION, THE DEPARTMENT SHALL FIRST AWARD TAX CREDITS
APPLIED FOR BY A BUSINESS FIRM DURING THE PERIOD OCTOBER 1
THROUGH NOVEMBER 30 IN AN AMOUNT NO GREATER THAN THE MAXIMUM
AMOUNT OF TAX CREDITS FOR WHICH A BUSINESS FIRM IS ELIGIBLE
UNDER SUBSECTIONS (A), (A.1), (C) AND (D). THE TAX CREDITS
SHALL BE AWARDED ON A FIRST-COME, FIRST-SERVED BASIS AS SET
FORTH IN SECTION 2004-B(C).
(4) AFTER THE DEPARTMENT HAS AWARDED TAX CREDITS UNDER
PARAGRAPH (3), ANY TAX CREDITS REMAINING AVAILABLE WITHIN THE
CATEGORY OF SCHOLARSHIP ORGANIZATIONS, OPPORTUNITY
SCHOLARSHIP ORGANIZATIONS AND PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATIONS SHALL BE AWARDED BASED ON THE TOTAL AMOUNT OF
TAX CREDITS WITHIN EACH CATEGORY OF ORGANIZATION FOR WHICH
APPLICATIONS ARE RECEIVED UNDER THIS SUBSECTION FROM OCTOBER
1 THROUGH NOVEMBER 30 OF THE FISCAL YEAR AS FOLLOWS:
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(I) IF THE TOTAL AMOUNT OF TAX CREDITS APPLIED FOR
BY ALL BUSINESS FIRMS UNDER THIS SUBSECTION DOES NOT
EXCEED THE TOTAL AMOUNT OF TAX CREDITS THAT REMAINED
AVAILABLE FOR AWARD WITHIN A CATEGORY AS OF OCTOBER 1,
LESS THOSE TAX CREDITS AWARDED UNDER PARAGRAPH (3), THEN
EACH BUSINESS FIRM MAY BE AWARDED THE FULL AMOUNT OF TAX
CREDITS APPLIED FOR.
(II) IF THE TOTAL AMOUNT OF TAX CREDITS APPLIED FOR
BY ALL BUSINESS FIRMS UNDER THIS SUBSECTION EXCEEDS THE
TOTAL AMOUNT OF TAX CREDITS THAT REMAINED AVAILABLE FOR
AWARD WITHIN A CATEGORY AS OF OCTOBER 1, LESS THOSE TAX
CREDITS AWARDED UNDER PARAGRAPH (3), THEN EACH BUSINESS
FIRM MAY BE AWARDED AN AMOUNT OF TAX CREDITS DETERMINED
BY MULTIPLYING THE AMOUNT OF TAX CREDITS APPLIED FOR BY
THE BUSINESS FIRM BY A RATIO, THE NUMERATOR OF WHICH IS
THE TOTAL AMOUNT OF TAX CREDITS THAT REMAINED AVAILABLE
FOR AWARD WITHIN THE CATEGORY AS OF OCTOBER 1, LESS THOSE
AWARDED AS SET FORTH IN PARAGRAPH (3), AND THE
DENOMINATOR OF WHICH IS THE TOTAL AMOUNT OF TAX CREDITS
APPLIED FOR BY ALL BUSINESS FIRMS UNDER THIS SUBSECTION.
(5) NOTWITHSTANDING A TEMPORARY INCREASE IN MAXIMUM TAX
CREDITS AVAILABLE UNDER THIS SUBSECTION, THE LIMITATIONS SET
FORTH IN SUBSECTIONS (A), (A.1), (C) AND (D) RELATING TO THE
MAXIMUM AMOUNT OF TAX CREDITS A BUSINESS FIRM CAN RECEIVE
DURING A YEAR FOR CONTRIBUTIONS TO A CATEGORY OF SCHOLARSHIP
ORGANIZATIONS, OPPORTUNITY SCHOLARSHIP ORGANIZATIONS OR PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL BE REINSTATED
FOR ALL APPLICATIONS ACCEPTED BY THE DEPARTMENT ON OR AFTER
DECEMBER 1 OF THE FISCAL YEAR.
(J) REALLOCATION OF TAX CREDITS.--
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(1) BEGINNING ON JANUARY 1 OF ANY FISCAL YEAR, IF ANY
TAX CREDITS AUTHORIZED UNDER THIS ARTICLE FOR CONTRIBUTIONS
TO ANY OF THE CATEGORIES OF SCHOLARSHIP ORGANIZATIONS,
OPPORTUNITY SCHOLARSHIP ORGANIZATIONS OR PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATIONS REMAIN UNAWARDED, SUCH UNAWARDED
TAX CREDITS MAY BE REALLOCATED TO ANY OF THE CATEGORIES OF
SCHOLARSHIP ORGANIZATIONS, OPPORTUNITY SCHOLARSHIP
ORGANIZATIONS OR PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS
FOR WHICH ALL AVAILABLE TAX CREDITS HAVE BEEN AWARDED. THE
DEPARTMENT SHALL, WITHIN 10 BUSINESS DAYS, INFORM EACH
BUSINESS FIRM ON THE WAITING LIST MAINTAINED BY THE
DEPARTMENT UNDER SUBSECTION (H) THAT TAX CREDITS REMAIN
AVAILABLE UNDER ANOTHER CATEGORY FOR WHICH THE BUSINESS FIRM
HAS NOT YET APPLIED. IF A BUSINESS FIRM NOTIFIED UNDER THIS
PARAGRAPH ELECTS, THE DEPARTMENT SHALL REALLOCATE AVAILABLE
TAX CREDITS FOR AWARD TO THE BUSINESS FIRM IN THE BUSINESS
FIRM'S PREFERRED TAX CREDIT CATEGORY, NOTWITHSTANDING THE
LIMITATIONS CONTAINED IN SECTION 2006-B(A). THE AMOUNT OF TAX
CREDITS TO BE AWARDED TO A BUSINESS FIRM UNDER THIS PARAGRAPH
SHALL NOT EXCEED THE AMOUNT OF TAX CREDITS AVAILABLE FOR
REALLOCATION OR THE MAXIMUM AMOUNT OF TAX CREDITS FOR WHICH A
BUSINESS FIRM IS ELIGIBLE UNDER SUBSECTIONS (A), (A.1), (C)
AND (D). EACH BUSINESS FIRM SHALL HAVE 10 BUSINESS DAYS FROM
THE DATE OF THE DEPARTMENT'S NOTICE TO ELECT A REALLOCATION
OF TAX CREDITS UNDER THIS PARAGRAPH. THE DEPARTMENT SHALL
AWARD TAX CREDITS ON A FIRST-COME, FIRST-SERVED BASIS.
(2) AFTER THE DEPARTMENT HAS AWARDED TAX CREDITS UNDER
PARAGRAPH (1), THE DEPARTMENT SHALL ACCEPT NEW APPLICATIONS
FOR REALLOCATION OF TAX CREDITS FROM ANY OF THE CATEGORIES OF
SCHOLARSHIP ORGANIZATIONS, OPPORTUNITY SCHOLARSHIP
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ORGANIZATIONS OR PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS
FOR WHICH TAX CREDITS REMAIN AVAILABLE TO THE APPLICANT'S
PREFERRED CATEGORY OF SCHOLARSHIP ORGANIZATIONS, OPPORTUNITY
SCHOLARSHIP ORGANIZATIONS OR PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATIONS FOR WHICH ALL AVAILABLE TAX CREDITS HAVE BEEN
AWARDED, NOTWITHSTANDING ANY LIMITATIONS CONTAINED IN SECTION
2006-B(A). THE AMOUNT OF TAX CREDITS TO BE AWARDED TO A
BUSINESS FIRM UNDER THIS PARAGRAPH SHALL NOT EXCEED THE
AMOUNT OF TAX CREDITS AVAILABLE FOR REALLOCATION OR THE
MAXIMUM AMOUNT OF TAX CREDITS FOR WHICH A BUSINESS FIRM IS
ELIGIBLE UNDER SUBSECTIONS (A), (A.1), (C) AND (D). THE
DEPARTMENT SHALL AWARD TAX CREDITS ON A FIRST-COME, FIRST-
SERVED BASIS.
(2.1) IN ANY FISCAL YEAR, THE FIRST $10,000,000 IN TAX
CREDITS AVAILABLE FOR REALLOCATION UNDER PARAGRAPHS (1) AND
(2) SHALL BE SET ASIDE FOR CONTRIBUTIONS TO PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATIONS. IF $10,000,000 IN TAX CREDITS HAVE
NOT BEEN AWARDED TO PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATIONS UNDER PARAGRAPHS (1) AND (2) PRIOR TO MARCH 1
OF ANY FISCAL YEAR, THE REMAINING TAX CREDITS AVAILABLE FOR
REALLOCATION UNDER PARAGRAPHS (1) AND (2) SHALL BE MADE
AVAILABLE FOR CONTRIBUTIONS TO ANY OF THE CATEGORIES OF
SCHOLARSHIP ORGANIZATIONS, OPPORTUNITY SCHOLARSHIP
ORGANIZATIONS OR PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS.
(3) NO TAX CREDITS SHALL BE AWARDED UNDER THIS
SUBSECTION UNTIL THE DEPARTMENT HAS COMPLETED THE AWARD OF
TAX CREDITS FOR APPLICATIONS MADE UNDER SUBSECTION (I).
(4) THE DEPARTMENT SHALL NOT REALLOCATE TAX CREDITS FROM
ANY OF THE CATEGORIES OF SCHOLARSHIP ORGANIZATIONS,
OPPORTUNITY SCHOLARSHIP ORGANIZATIONS OR PRE-KINDERGARTEN
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SCHOLARSHIP ORGANIZATIONS TO THE CATEGORY OF EDUCATIONAL
IMPROVEMENT ORGANIZATIONS.
(5) SUBSECTIONS (B) AND (G) SHALL NOT APPLY TO AN
APPLICATION FOR REALLOCATION OF TAX CREDITS UNDER THIS
SUBSECTION.
SECTION 2006-B. LIMITATIONS.
(A) AMOUNT.--
(1) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP
ORGANIZATIONS, EDUCATIONAL IMPROVEMENT ORGANIZATIONS AND PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
$125,000,000 IN A FISCAL YEAR.
(I) NO LESS THAN $75,000,000 OF THE TOTAL AGGREGATE
AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP
ORGANIZATIONS.
(II) NO LESS THAN $37,500,000 OF THE TOTAL AGGREGATE
AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
CONTRIBUTIONS FROM BUSINESS FIRMS TO EDUCATIONAL
IMPROVEMENT ORGANIZATIONS.
(III) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
$12,500,000 IN A FISCAL YEAR.
(2) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO OPPORTUNITY
SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED $50,000,000 IN A
FISCAL YEAR.
(B) ACTIVITIES.--NO TAX CREDIT SHALL BE APPROVED FOR
ACTIVITIES THAT ARE A PART OF A BUSINESS FIRM'S NORMAL COURSE OF
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BUSINESS.
(C) TAX LIABILITY.--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A TAX CREDIT
GRANTED FOR ANY ONE TAXABLE YEAR MAY NOT EXCEED THE TAX
LIABILITY OF A BUSINESS FIRM.
(2) IN THE CASE OF A CREDIT GRANTED TO A PASS-THROUGH
ENTITY WHICH ELECTS TO DISTRIBUTE THE CREDIT ACCORDING TO
SECTION 2005-B(E), A TAX CREDIT GRANTED FOR ANY ONE TAXABLE
YEAR AND DISTRIBUTED TO A SHAREHOLDER, MEMBER OR PARTNER MAY
NOT EXCEED THE TAX LIABILITY OF THE SHAREHOLDER, MEMBER OR
PARTNER.
(D) USE.--A TAX CREDIT NOT USED BY THE APPLICANT IN THE
TAXABLE YEAR THE CONTRIBUTION WAS MADE OR IN THE YEAR DESIGNATED
BY THE SHAREHOLDER, MEMBER OR PARTNER TO WHOM THE CREDIT WAS
TRANSFERRED UNDER SECTION 2005-B(E) MAY NOT BE CARRIED FORWARD
OR CARRIED BACK AND IS NOT REFUNDABLE OR TRANSFERABLE.
(E) NONTAXABLE INCOME.--A SCHOLARSHIP FROM ANY CATEGORY OF
ORGANIZATION RECEIVED BY AN ELIGIBLE STUDENT OR ELIGIBLE PRE-
KINDERGARTEN STUDENT SHALL NOT BE CONSIDERED TO BE TAXABLE
INCOME FOR THE PURPOSES OF ARTICLE III OF THE TAX REFORM CODE OF
1971.
(F) FINANCIAL ASSISTANCE.--A SCHOLARSHIP FROM ANY CATEGORY
OF ORGANIZATION RECEIVED BY AN ELIGIBLE STUDENT OR ELIGIBLE PRE-
KINDERGARTEN STUDENT SHALL NOT CONSTITUTE AN APPROPRIATION OR
FINANCIAL ASSISTANCE TO THE SCHOOL ATTENDED BY THE RECIPIENT.
SECTION 2007-B. LISTS.
THE DEPARTMENT OF REVENUE SHALL PROVIDE A LIST OF ALL
SCHOLARSHIP ORGANIZATIONS, PRE-KINDERGARTEN SCHOLARSHIP
ORGANIZATIONS, EDUCATIONAL IMPROVEMENT ORGANIZATIONS AND
OPPORTUNITY SCHOLARSHIP ORGANIZATIONS RECEIVING CONTRIBUTIONS
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FROM BUSINESS FIRMS GRANTED A TAX CREDIT UNDER THIS ARTICLE TO
THE GENERAL ASSEMBLY BY JUNE 30TH OF EACH YEAR.
SECTION 2008-B. GUIDELINES.
THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION SHALL DEVELOP GUIDELINES TO DETERMINE THE ELIGIBILITY
OF AN INNOVATIVE EDUCATIONAL PROGRAM.
SECTION 2009-B. OPPORTUNITY SCHOLARSHIPS.
(A) NOTICE.--BY FEBRUARY 1 OF EACH YEAR, THE DEPARTMENT
SHALL PROVIDE ALL OPPORTUNITY SCHOLARSHIP ORGANIZATIONS WITH A
LIST OF THE LOW-ACHIEVING SCHOOLS LOCATED WITHIN EACH SCHOOL
DISTRICT.
(B) AWARD.--AN OPPORTUNITY SCHOLARSHIP ORGANIZATION MAY
AWARD AN OPPORTUNITY SCHOLARSHIP TO AN APPLICANT WHO RESIDES
WITHIN THE ATTENDANCE BOUNDARY OF A LOW-ACHIEVING SCHOOL TO
ATTEND A PARTICIPATING PUBLIC SCHOOL OR A PARTICIPATING
NONPUBLIC SCHOOL SELECTED BY THE PARENT OF THE APPLICANT. IF AN
APPLICANT WHO RECEIVED AN OPPORTUNITY SCHOLARSHIP FOR THE PRIOR
SCHOOL YEAR RESIDES WITHIN THE ATTENDANCE BOUNDARY OF A SCHOOL
THAT WAS REMOVED FROM THE LIST OF LOW-ACHIEVING SCHOOLS PROVIDED
BY THE DEPARTMENT UNDER SUBSECTION (A), THE APPLICANT MAY
RECEIVE AN OPPORTUNITY SCHOLARSHIP. THE OPPORTUNITY SCHOLARSHIP
MAY BE FOR EACH YEAR OF ENROLLMENT IN A PARTICIPATING PUBLIC
SCHOOL OR PARTICIPATING NONPUBLIC SCHOOL FOR UP TO THE LESSER OF
FIVE YEARS OR UNTIL COMPLETION OF GRADE 12, PROVIDED THE
APPLICANT OTHERWISE REMAINS ELIGIBLE. IN AWARDING SCHOLARSHIPS,
AN OPPORTUNITY SCHOLARSHIP ORGANIZATION SHALL GIVE PREFERENCE TO
ANY OF THE FOLLOWING:
(1) AN APPLICANT WHO RECEIVED AN OPPORTUNITY SCHOLARSHIP
FOR THE PRIOR SCHOOL YEAR.
(2) AN APPLICANT OF A HOUSEHOLD WITH A HOUSEHOLD INCOME
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THAT DOES NOT EXCEED 185% OF THE FEDERAL POVERTY LEVEL FOR
THE SCHOOL YEAR PRECEDING THE SCHOOL YEAR FOR WHICH THE
APPLICATION IS BEING MADE.
(3) AN APPLICANT OF A HOUSEHOLD WITH A HOUSEHOLD INCOME
THAT DOES NOT EXCEED 185% OF THE FEDERAL POVERTY LEVEL FOR
THE SCHOOL YEAR PRECEDING THE SCHOOL YEAR FOR WHICH THE
APPLICATION IS BEING MADE AND WHO RESIDES WITHIN ANY OF THE
FOLLOWING:
(I) A FIRST CLASS SCHOOL DISTRICT.
(II) A SCHOOL DISTRICT DESIGNATED AS A FINANCIAL
RECOVERY SCHOOL DISTRICT UNDER ARTICLE VI-A FOR THE YEAR
FOR WHICH THE AWARD IS MADE.
(C) HOME SCHOOLING.--AN OPPORTUNITY SCHOLARSHIP ORGANIZATION
SHALL NOT AWARD AN OPPORTUNITY SCHOLARSHIP TO AN APPLICANT FOR
ENROLLMENT IN A HOME EDUCATION PROGRAM UNDER SECTION 1327.1.
(D) FUNDING.--THE AGGREGATE AMOUNT OF OPPORTUNITY
SCHOLARSHIPS SHALL NOT EXCEED THE AGGREGATE AMOUNT OF
CONTRIBUTIONS MADE BY BUSINESS FIRMS TO THE OPPORTUNITY
SCHOLARSHIP ORGANIZATION.
(E) AMOUNT.--
(1) THE MAXIMUM AMOUNT OF AN OPPORTUNITY SCHOLARSHIP
AWARDED TO AN APPLICANT WITHOUT A DISABILITY SHALL BE $8,500.
(2) THE MAXIMUM AMOUNT OF AN OPPORTUNITY SCHOLARSHIP
AWARDED TO AN APPLICANT WITH A DISABILITY SHALL BE $15,000.
(3) IN NO CASE SHALL THE COMBINED AMOUNT OF THE
OPPORTUNITY SCHOLARSHIP AWARDED TO A RECIPIENT AND ANY
ADDITIONAL FINANCIAL ASSISTANCE PROVIDED TO THE RECIPIENT
EXCEED THE TUITION RATE AND SCHOOL-RELATED FEES FOR THE
PARTICIPATING PUBLIC SCHOOL OR PARTICIPATING NONPUBLIC SCHOOL
THAT THE RECIPIENT WILL ATTEND.
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SECTION 2010-B. LOW-ACHIEVING SCHOOLS.
(A) LIST OF LOW-ACHIEVING SCHOOLS.--BY FEBRUARY 1 OF EACH
YEAR, THE DEPARTMENT OF EDUCATION SHALL PUBLISH ON THE
DEPARTMENT OF EDUCATION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE
AND IN THE PENNSYLVANIA BULLETIN A LIST OF THE LOW-ACHIEVING
SCHOOLS FOR THE FOLLOWING SCHOOL YEAR.
(B) NOTICE.--BY FEBRUARY 1 OF EACH YEAR, THE DEPARTMENT OF
EDUCATION SHALL NOTIFY EVERY SCHOOL DISTRICT IDENTIFIED AS
HAVING AT LEAST ONE LOW-ACHIEVING SCHOOL OF SUCH IDENTIFICATION
AND SHALL FURNISH THE SCHOOL DISTRICT WITH A LIST OF THE LOW-
ACHIEVING SCHOOLS LOCATED WITHIN THE SCHOOL DISTRICT.
(C) PUBLICATION.--WITHIN 15 DAYS OF RECEIPT OF A
NOTIFICATION UNDER SUBSECTION (B), A SCHOOL DISTRICT SHALL POST
ON THE DISTRICT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE NOTICE OF
ALL OF THE FOLLOWING:
(1) A DESCRIPTION OF THE OPPORTUNITY SCHOLARSHIP
PROGRAM.
(2) INSTRUCTIONS FOR APPLYING FOR AN OPPORTUNITY
SCHOLARSHIP.
(3) A LIST OF SCHOOLS IN THE SCHOOL DISTRICT THAT HAVE
BEEN DESIGNATED BY THE DEPARTMENT OF EDUCATION AS LOW-
ACHIEVING SCHOOLS.
(4) NOTICE THAT A PARENT MUST DIRECTLY CONTACT A SCHOOL
DISTRICT OF A PARTICIPATING PUBLIC SCHOOL OR A PARTICIPATING
NONPUBLIC SCHOOL IF THE PARENT SEEKS TO ENROLL THE STUDENT IN
THE OPPORTUNITY SCHOLARSHIP PROGRAM.
(D) NOTIFICATION TO PARENTS.--
(1) WITHIN 15 DAYS OF RECEIPT OF A NOTIFICATION UNDER
SUBSECTION (B), A SCHOOL DISTRICT SHALL NOTIFY THE PARENTS OF
EACH STUDENT WHO IS CURRENTLY ATTENDING OR RESIDING WITHIN
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THE ATTENDANCE BOUNDARY OF A LOW-ACHIEVING SCHOOL DURING THE
SCHOOL YEAR OF THE SCHOOL'S DESIGNATION.
(2) UPON REGISTRATION OF A KINDERGARTEN STUDENT, A
SCHOOL DISTRICT SHALL NOTIFY THE PARENTS OF THE KINDERGARTEN
STUDENT THAT THE STUDENT WILL BE ASSIGNED TO A LOW-ACHIEVING
SCHOOL DURING THE SCHOOL YEAR OF THE SCHOOL'S DESIGNATION.
(3) THE NOTICE SHALL BE IN A FORM PROVIDED BY THE
DEPARTMENT OF EDUCATION AND SHALL PROVIDE THE FOLLOWING
INFORMATION REGARDING THE OPPORTUNITY SCHOLARSHIP PROGRAM:
(I) A DESCRIPTION OF THE OPPORTUNITY SCHOLARSHIP
PROGRAM.
(II) INSTRUCTIONS FOR OBTAINING INFORMATION ABOUT
APPLYING FOR AN OPPORTUNITY SCHOLARSHIP UNDER THE
OPPORTUNITY SCHOLARSHIP PROGRAM.
(III) NOTICE OF THE PARENT'S RESPONSIBILITIES WITH
REGARD TO APPLYING TO A SCHOOL DISTRICT OF A
PARTICIPATING PUBLIC SCHOOL OR A PARTICIPATING NONPUBLIC
SCHOOL IF THE PARENT SEEKS TO ENROLL THE STUDENT IN THE
OPPORTUNITY SCHOLARSHIP PROGRAM.
(E) AVERAGE DAILY MEMBERSHIP.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, A RECIPIENT WHO WAS ENROLLED IN THE RECIPIENT'S
RESIDENT SCHOOL DISTRICT OR IN A CHARTER SCHOOL, REGIONAL
CHARTER SCHOOL OR CYBER CHARTER SCHOOL WHEN THE RECIPIENT
FIRST RECEIVED AN OPPORTUNITY SCHOLARSHIP SHALL CONTINUE TO
BE COUNTED IN THE AVERAGE DAILY MEMBERSHIP OF THE SCHOOL
DISTRICT FOR A PERIOD OF ONE YEAR AFTER ENROLLING IN A
PARTICIPATING PUBLIC SCHOOL OR A PARTICIPATING NONPUBLIC
SCHOOL.
(2) DURING THE YEAR REFERENCED IN PARAGRAPH (1) AND EACH
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SCHOOL YEAR THEREAFTER, A SCHOOL DISTRICT OF A PARTICIPATING
PUBLIC SCHOOL IN WHICH THE RECIPIENT IS ENROLLED SHALL NOT
INCLUDE THE RECIPIENT IN THE SCHOOL DISTRICT'S AVERAGE DAILY
MEMBERSHIP.
SECTION 2011-B. SCHOOL PARTICIPATION IN PROGRAM.
(A) ELECTION.--
(1) BY FEBRUARY 15 OF EACH YEAR, A NONPUBLIC SCHOOL MAY
ELECT TO PARTICIPATE IN THE OPPORTUNITY SCHOLARSHIP PROGRAM
FOR THE FOLLOWING SCHOOL YEAR.
(2) BY FEBRUARY 15 OF EACH YEAR, A SCHOOL DISTRICT MAY
ELECT TO PARTICIPATE IN THE OPPORTUNITY SCHOLARSHIP PROGRAM
FOR THE FOLLOWING SCHOOL YEAR.
(B) NOTICE.--
(1) A SCHOOL DISTRICT OR NONPUBLIC SCHOOL THAT ELECTS TO
PARTICIPATE UNDER SUBSECTION (A) MUST NOTIFY THE DEPARTMENT
OF EDUCATION OF THE DISTRICT'S OR NONPUBLIC SCHOOL'S INTENT
TO PARTICIPATE.
(2) FOR A SCHOOL DISTRICT, THE NOTICE UNDER PARAGRAPH
(1) MUST BE SUBMITTED ON A FORM DEVELOPED BY THE DEPARTMENT
OF EDUCATION AND SHALL SPECIFY ALL OF THE FOLLOWING:
(I) EACH SCHOOL WITHIN THE SCHOOL DISTRICT WHICH THE
SCHOOL DISTRICT INTENDS TO MAKE A PARTICIPATING PUBLIC
SCHOOL.
(II) THE AMOUNT OF TUITION AND SCHOOL-RELATED FEES
ATTRIBUTABLE TO EACH AVAILABLE SEAT. THE AMOUNT UNDER
THIS SUBPARAGRAPH SHALL NOT EXCEED THE AMOUNT CALCULATED
UNDER SECTION 2561.
(3) FOR A NONPUBLIC SCHOOL, THE NOTICE UNDER PARAGRAPH
(1) MUST BE SUBMITTED ON A FORM DEVELOPED BY THE DEPARTMENT
OF EDUCATION AND SHALL SPECIFY THE AMOUNT OF TUITION AND
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SCHOOL-RELATED FEES ATTRIBUTABLE TO AN AVAILABLE SEAT.
(C) TUITION RATES.--
(1) NO SCHOOL DISTRICT OF A PARTICIPATING PUBLIC SCHOOL
OR PARTICIPATING NONPUBLIC SCHOOL MAY CHARGE A RECIPIENT A
HIGHER TUITION RATE OR SCHOOL-RELATED FEE THAN THE SCHOOL
DISTRICT OF THE PARTICIPATING PUBLIC SCHOOL OR PARTICIPATING
NONPUBLIC SCHOOL WOULD HAVE CHARGED TO A SIMILARLY SITUATED
STUDENT WHO IS NOT RECEIVING AN OPPORTUNITY SCHOLARSHIP.
(2) NOTWITHSTANDING THE PROVISIONS OF SECTION 2561, A
SCHOOL DISTRICT OF A PARTICIPATING PUBLIC SCHOOL MAY CHARGE A
RECIPIENT A TUITION RATE THAT IS LOWER THAN THAT CHARGED TO
STUDENTS WHO ARE NOT RECIPIENTS OF OPPORTUNITY SCHOLARSHIPS.
(D) PARTICIPATING PUBLIC SCHOOL CRITERIA.--THE FOLLOWING
CRITERIA APPLY TO A PARTICIPATING PUBLIC SCHOOL:
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A
SCHOOL DISTRICT SHALL ENROLL STUDENTS IN A PARTICIPATING
PUBLIC SCHOOL ON A LOTTERY BASIS FROM A POOL OF RECIPIENTS
WHO MEET THE APPLICATION DEADLINE SET BY THE DEPARTMENT OF
EDUCATION UNTIL THE PARTICIPATING PUBLIC SCHOOL FILLS THE
SCHOOL'S AVAILABLE SEATS. THE POOL MAY NOT INCLUDE A
RECIPIENT WHO:
(I) HAS BEEN EXPELLED OR IS IN THE PROCESS OF BEING
EXPELLED UNDER SECTION 1317.2 OR 1318 AND APPLICABLE
REGULATIONS OF THE STATE BOARD OF EDUCATION.
(II) HAS BEEN RECRUITED BY THE SCHOOL DISTRICT OR
ITS REPRESENTATIVES FOR ATHLETIC PURPOSES.
(2) THE ENROLLMENT OF RECIPIENTS MAY NOT PLACE THE
SCHOOL DISTRICT IN VIOLATION OF A VALID AND BINDING
DESEGREGATION ORDER.
(3) PRIORITY SHALL BE GIVEN TO:
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(I) AN EXISTING RECIPIENT.
(II) A RECIPIENT WHO IS A SIBLING OF A STUDENT
CURRENTLY ENROLLED IN THE SCHOOL DISTRICT.
(E) PARTICIPATING NONPUBLIC SCHOOL CRITERIA.--THE FOLLOWING
CRITERIA APPLY TO A PARTICIPATING NONPUBLIC SCHOOL:
(1) THE PARTICIPATING NONPUBLIC SCHOOL MAY NOT
DISCRIMINATE ON A BASIS WHICH IS ILLEGAL UNDER FEDERAL OR
STATE LAWS APPLICABLE TO NONPUBLIC SCHOOLS.
(2) THE PARTICIPATING NONPUBLIC SCHOOL SHALL COMPLY WITH
SECTION 1521.
(3) THE PARTICIPATING NONPUBLIC SCHOOL OR ITS
REPRESENTATIVES MAY NOT RECRUIT A STUDENT FOR ATHLETIC
PURPOSES.
(F) STUDENT RULES, POLICIES AND PROCEDURES.--
(1) PRIOR TO ENROLLMENT OF A RECIPIENT, A SCHOOL
DISTRICT OF A PARTICIPATING PUBLIC SCHOOL OR A PARTICIPATING
NONPUBLIC SCHOOL SHALL INFORM THE PARENT OF A RECIPIENT OF
ANY AND ALL RULES, POLICIES AND PROCEDURES OF THE
PARTICIPATING PUBLIC SCHOOL OR PARTICIPATING NONPUBLIC
SCHOOL, INCLUDING ANY ACADEMIC POLICIES, DISCIPLINARY RULES
AND ADMINISTRATIVE PROCEDURES OF THE PARTICIPATING PUBLIC
SCHOOL OR PARTICIPATING NONPUBLIC SCHOOL.
(2) ENROLLMENT OF A RECIPIENT IN A PARTICIPATING PUBLIC
SCHOOL OR PARTICIPATING NONPUBLIC SCHOOL SHALL CONSTITUTE
ACCEPTANCE OF ANY RULES, POLICIES AND PROCEDURES OF THE
PARTICIPATING PUBLIC SCHOOL OR PARTICIPATING NONPUBLIC
SCHOOL.
(G) TRANSPORTATION.--
(1) TRANSPORTATION OF RECIPIENTS SHALL BE PROVIDED UNDER
SECTION 1361.
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(2) REIMBURSEMENT SHALL BE AS FOLLOWS:
(I) TRANSPORTATION OF A RECIPIENT ATTENDING A
PARTICIPATING PUBLIC SCHOOL SHALL BE SUBJECT TO
REIMBURSEMENT UNDER SECTION 2541.
(II) TRANSPORTATION OF A RECIPIENT ATTENDING A
PARTICIPATING NONPUBLIC SCHOOL SHALL BE SUBJECT TO
REIMBURSEMENT UNDER SECTIONS 2509.3 AND 2541.
(H) CONSTRUCTION.--NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO:
(1) PROHIBIT A PARTICIPATING NONPUBLIC SCHOOL FROM
LIMITING ADMISSION TO A PARTICULAR GRADE LEVEL, A SINGLE
GENDER OR AREAS OF CONCENTRATION OF THE PARTICIPATING
NONPUBLIC SCHOOL, INCLUDING MATHEMATICS, SCIENCE AND THE
ARTS.
(2) AUTHORIZE THE COMMONWEALTH OR ANY OF ITS AGENCIES OR
OFFICERS OR POLITICAL SUBDIVISIONS TO IMPOSE ANY ADDITIONAL
REQUIREMENTS ON A PARTICIPATING NONPUBLIC SCHOOL WHICH ARE
NOT OTHERWISE AUTHORIZED UNDER THE LAWS OF THIS COMMONWEALTH
OR TO REQUIRE A PARTICIPATING NONPUBLIC SCHOOL TO ENROLL A
RECIPIENT IF THE PARTICIPATING NONPUBLIC SCHOOL DOES NOT
OFFER APPROPRIATE PROGRAMS OR IS NOT STRUCTURED OR EQUIPPED
WITH THE NECESSARY FACILITIES TO MEET THE SPECIAL NEEDS OF
THE RECIPIENT OR DOES NOT OFFER A PARTICULAR PROGRAM
REQUESTED.
SECTION 2012-B. TUITION GRANTS BY SCHOOL DISTRICTS.
(A) GENERAL RULE.--THE BOARD OF SCHOOL DIRECTORS OF A SCHOOL
DISTRICT MAY USE FUNDS RECEIVED FROM THE COMMONWEALTH FOR
EDUCATIONAL PURPOSES TO ESTABLISH A PROGRAM OF TUITION GRANTS TO
PROVIDE FOR THE EDUCATION OF STUDENTS WHO RESIDE WITHIN THE
DISTRICT AND ATTEND OR WILL ATTEND A PUBLIC OR NONPUBLIC SCHOOL
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ON A TUITION-PAYING BASIS.
(B) NONPUBLIC SCHOOL GRANT AMOUNT.--FOR STUDENTS WHO ATTEND
OR WILL ATTEND A NONPUBLIC SCHOOL, THE GRANT AMOUNT FOR EACH
STUDENT SHALL NOT EXCEED THE AMOUNT OF THE PER PUPIL STATE
SUBSIDY FOR BASIC EDUCATION OF THE SCHOOL DISTRICT OF RESIDENCE.
(C) AVERAGE DAILY MEMBERSHIP.--
(1) A STUDENT WHO RECEIVES A TUITION GRANT UNDER THIS
SECTION SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP FOR
PURPOSES OF DETERMINING THE SCHOOL DISTRICT OF RESIDENCE'S
BASIC EDUCATION FUNDING.
(2) A STUDENT WHO RECEIVES A GRANT UNDER THIS SECTION TO
ATTEND A PUBLIC SCHOOL OUTSIDE THE SCHOOL DISTRICT AWARDING
THE TUITION GRANT SHALL NOT BE INCLUDED IN THE AVERAGE DAILY
MEMBERSHIP OF THE SCHOOL DISTRICT THE STUDENT ATTENDS.
(D) GUIDELINES.--
(1) THE BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT
SHALL PREPARE GUIDELINES ON ALL THE FOLLOWING:
(I) ESTABLISHMENT OF AN APPLICATION FORM AND
APPROVAL PROCESS.
(II) STANDARDS FOR VERIFICATION OF THE ACCURACY OF
APPLICATION INFORMATION.
(III) CONFIRMATION OF ATTENDANCE BY A STUDENT WHO
RECEIVES A TUITION GRANT.
(IV) RESTRICTIVE ENDORSEMENT OF GRANT CHECKS BY
PARENTS TO THE SCHOOL CHOSEN BY THE PARENTS.
(V) PRO RATA REFUNDS OF GRANTS FOR STUDENTS WHO
WITHDRAW DURING THE SCHOOL YEAR.
(VI) REPAYMENT OF REFUNDED GRANTS TO THE SCHOOL
DISTRICT.
(VII) REASONABLE DEADLINE DATES FOR SUBMISSION OF
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GRANT APPLICATIONS.
(2) THE BOARD OF SCHOOL DIRECTORS OF A SCHOOL SHALL
ANNOUNCE THE AWARD OF GRANTS NO LATER THAN AUGUST 1 OF THE
SCHOOL YEAR IN WHICH THE GRANTS WILL BE UTILIZED.
(3) UPON RECEIPT OF WRITTEN CONFIRMATION OF ENROLLMENT
FROM THE STUDENT'S SCHOOL OF CHOICE, GRANTS SHALL BE PAID TO
THE PARENTS OF A STUDENT BY A CHECK THAT MAY ONLY BE ENDORSED
TO THE SELECTED SCHOOL.
(4) IN THE EVENT A STUDENT IS NO LONGER ENROLLED PRIOR
TO THE COMPLETION OF THE SCHOOL TERM, THE SCHOOL SHALL SEND
WRITTEN NOTICE TO THE SCHOOL DISTRICT.
(E) NONTAXABLE.--GRANTS AWARDED TO STUDENTS UNDER THIS
SECTION SHALL NOT:
(1) BE CONSIDERED TAXABLE INCOME FOR PURPOSES OF A LOCAL
TAXING ORDINANCE OR FOR PURPOSES OF ARTICLE III OF THE TAX
REFORM CODE OF 1971.
(2) CONSTITUTE FINANCIAL ASSISTANCE OR APPROPRIATIONS TO
THE SCHOOL ATTENDED BY THE STUDENT.
(F) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EMPOWER THE COMMONWEALTH OR A SCHOOL DISTRICT OR
ANY OF THEIR AGENCIES OR OFFICERS TO DO ANY OF THE FOLLOWING:
(1) PRESCRIBE THE COURSE CONTENT OR ADMISSIONS CRITERIA
FOR ANY RELIGIOUSLY AFFILIATED SCHOOL.
(2) COMPEL ANY PRIVATE SCHOOL TO ACCEPT OR ENROLL A
STUDENT.
(3) IMPOSE ANY ADDITIONAL REQUIREMENTS ON ANY PRIVATE
SCHOOL THAT ARE NOT OTHERWISE AUTHORIZED.
(4) REQUIRE ANY SCHOOL TO ACCEPT OR RETAIN A STUDENT IF
THE SCHOOL DOES NOT OFFER PROGRAMS OR IS NOT STRUCTURED OR
EQUIPPED WITH THE NECESSARY FACILITIES TO MEET THE SPECIAL
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NEEDS OF THE STUDENT OR DOES NOT OFFER A PARTICULAR PROGRAM
REQUESTED.
SECTION 2013-B. ORIGINAL JURISDICTION.
THE PENNSYLVANIA SUPREME COURT SHALL HAVE EXCLUSIVE AND
ORIGINAL JURISDICTION TO HEAR A CHALLENGE OR TO RENDER A
DECLARATORY JUDGMENT CONCERNING THE CONSTITUTIONALITY OF THIS
ARTICLE. THE PENNSYLVANIA SUPREME COURT MAY TAKE SUCH ACTION AS
THE COURT DEEMS APPROPRIATE, CONSISTENT WITH THE PENNSYLVANIA
SUPREME COURT'S RETAINING JURISDICTION OVER SUCH A MATTER, TO
FIND FACTS OR TO EXPEDITE A FINAL JUDGMENT IN CONNECTION WITH A
CHALLENGE OR REQUEST FOR DECLARATORY RELIEF.
SECTION 14. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2320. STATE AID FOR FISCAL YEAR 2016-2017.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
EACH LIBRARY SUBJECT TO 24 PA.C.S. CH. 93 (RELATING TO PUBLIC
LIBRARY CODE), SHALL BE ELIGIBLE FOR STATE AID FOR FISCAL YEAR
2016-2017, AS FOLLOWS:
(1) FUNDS APPROPRIATED FOR LIBRARIES SHALL BE
DISTRIBUTED TO EACH LIBRARY UNDER THE FOLLOWING FORMULA:
(I) DIVIDE THE AMOUNT OF FUNDING THAT THE LIBRARY
RECEIVED IN FISCAL YEAR 2015-2016 UNDER SECTION 1722-
L(19) OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, BY THE TOTAL STATE-AID SUBSIDY
FOR FISCAL YEAR 2015-2016.
(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2016-2017.
(2) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR
STATE AID TO LIBRARIES UNDER PARAGRAPH (1), ANY REMAINING
FUNDS MAY BE DISTRIBUTED AT THE DISCRETION OF THE STATE
LIBRARIAN.
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(3) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN
FISCAL YEAR 2016-2017 ARE LESS THAN FUNDS APPROPRIATED IN
FISCAL YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE
STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93.
(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS
SECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID IN
A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE
LIBRARY SYSTEM.
(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A
LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO
THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY
MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.
(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER
POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A
RESULT OF:
(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT
OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR
(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO
A COUNTY LIBRARY SYSTEM;
FUNDING OF DISTRICT LIBRARY CENTER AID SHALL BE PAID BASED ON
THE POPULATION OF THE NEWLY ESTABLISHED OR RECONFIGURED
DISTRICT LIBRARY CENTER.
(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM ONE
LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT OF THE
AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY SHARE OF
AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.
SECTION 15. SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE
AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
(C.2) (1) FOR THE 2016-2017 SCHOOL YEAR, FIVE AND FIVE-
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TENTHS PERCENT (5.5%) OF THE STATE SPECIAL EDUCATION
APPROPRIATION SHALL BE PAID TO INTERMEDIATE UNITS ON ACCOUNT OF
SPECIAL EDUCATION SERVICES.
(2) THIRTY-FIVE PERCENT (35%) OF THE AMOUNT UNDER PARAGRAPH
(1) SHALL BE DISTRIBUTED EQUALLY AMONG ALL INTERMEDIATE UNITS.
(3) SIXTY-FIVE PERCENT (65%) OF THE AMOUNT UNDER PARAGRAPH
(1) SHALL BE DISTRIBUTED TO EACH INTERMEDIATE UNIT IN PROPORTION
TO THE NUMBER OF AVERAGE DAILY MEMBERSHIP OF THE COMPONENT
SCHOOL DISTRICTS OF EACH INTERMEDIATE UNIT AS COMPARED TO THE
STATEWIDE TOTAL AVERAGE DAILY MEMBERSHIP.
* * *
SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS.--* * *
(BBB) (1) DURING THE 2016-2017 SCHOOL YEAR AND EACH SCHOOL
YEAR THEREAFTER, EACH SCHOOL DISTRICT SHALL RECEIVE AN AMOUNT
EQUAL TO THE AMOUNT IT RECEIVED FOR THE 2013-2014 SCHOOL YEAR
UNDER SUBSECTION (AAA) AND A STUDENT-BASED ALLOCATION. THE TOTAL
AMOUNT AVAILABLE TO DISTRIBUTE TO SCHOOL DISTRICTS THROUGH THE
STUDENT-BASED ALLOCATION SHALL EQUAL THE DIFFERENCE BETWEEN THE
AMOUNT ALLOCATED FOR SPECIAL EDUCATION PAYMENTS FOR SCHOOL
DISTRICTS AND THE SUM OF THE AMOUNTS RECEIVED UNDER SUBSECTION
(AAA) FOR THE 2013-2014 SCHOOL YEAR TO ALL SCHOOL DISTRICTS. THE
STUDENT-BASED ALLOCATION FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED AS FOLLOWS:
(I) MULTIPLY THE SUM OF THE SCHOOL DISTRICT'S WEIGHTED
SPECIAL EDUCATION STUDENT HEADCOUNT AND ITS SPARSITY/SIZE
ADJUSTMENT CALCULATED UNDER PARAGRAPH (2)(V) BY ITS MARKET
VALUE/INCOME AID RATIO AND ITS EQUALIZED MILLAGE MULTIPLIER
CALCULATED UNDER PARAGRAPH (2)(VI).
(II) MULTIPLY THE PRODUCT UNDER SUBPARAGRAPH (I) BY THE
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TOTAL AMOUNT AVAILABLE FOR THE STUDENT-BASED ALLOCATION.
(III) DIVIDE THE PRODUCT UNDER SUBPARAGRAPH (II) BY THE SUM
OF THE PRODUCTS UNDER SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.
(2) FOR THE PURPOSES OF PARAGRAPH (1)(I):
(I) THE WEIGHTED SPECIAL EDUCATION STUDENT HEADCOUNT FOR
EACH SCHOOL DISTRICT SHALL BE THE SUM OF THE FOLLOWING:
(A) THE NUMBER OF SPECIAL EDUCATION STUDENTS WHO RESIDE IN
THE SCHOOL DISTRICT FOR WHICH THE ANNUAL EXPENDITURE IS IN
CATEGORY 1 MULTIPLIED BY ONE AND FIFTY-ONE HUNDREDTHS (1.51).
(B) THE NUMBER OF SPECIAL EDUCATION STUDENTS WHO RESIDE IN
THE SCHOOL DISTRICT FOR WHICH THE ANNUAL EXPENDITURE IS IN
CATEGORY 2 MULTIPLIED BY THREE AND SEVENTY-SEVEN HUNDREDTHS
(3.77).
(C) THE NUMBER OF SPECIAL EDUCATION STUDENTS WHO RESIDE IN
THE SCHOOL DISTRICT FOR WHICH THE ANNUAL EXPENDITURE IS IN
CATEGORY 3 MULTIPLIED BY SEVEN AND FORTY-SIX HUNDREDTHS (7.46).
(II) THE SPARSITY RATIO SHALL BE CALCULATED FOR EACH SCHOOL
DISTRICT AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP
PER SQUARE MILE BY THE COMMONWEALTH'S AVERAGE DAILY MEMBERSHIP
PER SQUARE MILE.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY ONE-HALF
(0.5).
(C) SUBTRACT THE PRODUCT UNDER CLAUSE (B) FROM ONE (1).
(III) THE SIZE RATIO FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP BY
THE AVERAGE OF THE AVERAGE DAILY MEMBERSHIP OF ALL SCHOOL
DISTRICTS.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY ONE-HALF
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(0.5).
(C) SUBTRACT THE PRODUCT UNDER CLAUSE (B) FROM ONE (1).
(IV) THE SPARSITY/SIZE RATIO FOR EACH SCHOOL DISTRICT SHALL
BE CALCULATED BY ADDING FORTY PERCENT (40%) OF THE SPARSITY
RATIO AND SIXTY PERCENT (60%) OF THE SIZE RATIO.
(V) THE SPARSITY/SIZE ADJUSTMENT FOR QUALIFYING SCHOOL
DISTRICTS WITH A SPARSITY/SIZE RATIO GREATER THAN THE
SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH PERCENTILE OF
THE SPARSITY/SIZE RATIO FOR ALL SCHOOL DISTRICTS SHALL BE
CALCULATED AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S SPARSITY/SIZE RATIO BY THE
SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH PERCENTILE OF
THE SPARSITY/SIZE RATIO FOR ALL SCHOOL DISTRICTS.
(B) SUBTRACT ONE (1) FROM THE QUOTIENT UNDER CLAUSE (A).
(C) MULTIPLY THE REMAINDER UNDER CLAUSE (B) BY ONE-HALF
(0.5).
(D) MULTIPLY THE PRODUCT UNDER CLAUSE (C) BY THE SCHOOL
DISTRICT'S WEIGHTED SPECIAL EDUCATION STUDENT HEADCOUNT.
(VI) THE EQUALIZED MILLAGE MULTIPLIER FOR EACH SCHOOL
DISTRICT SHALL BE CALCULATED AS FOLLOWS:
(A) FOR A SCHOOL DISTRICT WITH AN EQUALIZED MILLAGE RATE
GREATER THAN OR EQUAL TO THE EQUALIZED MILLAGE RATE THAT
REPRESENTS THE SEVENTIETH PERCENTILE OF THE EQUALIZED MILLAGE
RATE OF ALL SCHOOL DISTRICTS, THE SCHOOL DISTRICT'S EQUALIZED
MILLAGE MULTIPLIER SHALL BE ONE (1).
(B) FOR A SCHOOL DISTRICT WITH AN EQUALIZED MILLAGE RATE
LESS THAN THE EQUALIZED MILLAGE RATE THAT REPRESENTS THE
SEVENTIETH PERCENTILE OF THE EQUALIZED MILLAGE RATE OF ALL
SCHOOL DISTRICTS, THE SCHOOL DISTRICT'S EQUALIZED MILLAGE
MULTIPLIER SHALL BE CALCULATED BY DIVIDING THE SCHOOL DISTRICT'S
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EQUALIZED MILLAGE RATE BY THE EQUALIZED MILLAGE RATE THAT
REPRESENTS THE SEVENTIETH PERCENTILE OF THE EQUALIZED MILLAGE
RATE OF ALL SCHOOL DISTRICTS.
(VII) THE DOLLAR RANGES FOR THE ANNUAL EXPENDITURE AMOUNTS
DESIGNATED AS CATEGORY 1, CATEGORY 2 AND CATEGORY 3 UNDER
SUBPARAGRAPH (I) SHALL BE BASED ON THE INFORMATION REPORTED TO
THE DEPARTMENT UNDER SECTION 1372(8). FOR THE PURPOSES OF
SUBPARAGRAPH (I), CATEGORY 3 SHALL BE THE SUM OF THE STUDENTS
REPORTED IN CATEGORIES 3A AND 3B UNDER SECTION 1372(8).
(VIII) THE DATA USED TO CALCULATE THE WEIGHTED SPECIAL
EDUCATION STUDENT HEADCOUNT UNDER SUBPARAGRAPH (I) SHALL BE
BASED ON INFORMATION FROM THE MOST RECENT YEAR FOR WHICH DATA IS
AVAILABLE AS DETERMINED BY THE DEPARTMENT OF EDUCATION. THE DATA
USED TO CALCULATE THE PROVISIONS UNDER SUBPARAGRAPHS (II), (III)
AND (VI) SHALL BE AVERAGED FOR THE THREE MOST RECENT YEARS FOR
WHICH DATA IS AVAILABLE AS DETERMINED BY THE DEPARTMENT OF
EDUCATION.
SECTION 16. SECTION 2509.8(E) OF THE ACT, ADDED DECEMBER 23,
2003 (P.L.304, NO.48), IS AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 2509.8. EXTRAORDINARY SPECIAL EDUCATION PROGRAM
EXPENSES.--* * *
(E) FOR THE 2003-2004 SCHOOL YEAR [AND EACH SCHOOL YEAR
THEREAFTER] THROUGH THE 2013-2014 SCHOOL YEAR, THE DEPARTMENT OF
EDUCATION SHALL SET ASIDE ONE PERCENT (1%) OF THE SPECIAL
EDUCATION APPROPRIATION FOR EXTRAORDINARY EXPENSES INCURRED IN
PROVIDING A SPECIAL EDUCATION PROGRAM OR SERVICE TO ONE OR MORE
STUDENTS WITH DISABILITIES AS APPROVED BY THE SECRETARY OF
EDUCATION. SUCH SPECIAL EDUCATION PROGRAM OR SERVICE SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE TRANSPORTATION OF STUDENTS
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WITH DISABILITIES; SERVICES RELATED TO OCCUPATIONAL THERAPY,
PHYSICAL THERAPY, SPEECH AND LANGUAGE, HEARING IMPAIRMENTS OR
VISUAL IMPAIRMENTS; OR TRAINING IN ORIENTATION AND MOBILITY FOR
CHILDREN WHO ARE VISUALLY IMPAIRED OR BLIND.
(F) (I) FOR THE 2016-2017 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, AN AMOUNT EQUAL TO ONE PERCENT (1%) OF THE SPECIAL
EDUCATION APPROPRIATION SHALL BE DISTRIBUTED TO SCHOOL DISTRICTS
AND CHARTER SCHOOLS FOR EXTRAORDINARY EXPENSES INCURRED IN
PROVIDING A SPECIAL EDUCATION PROGRAM OR SERVICE TO ONE OR MORE
STUDENTS WITH DISABILITIES AS APPROVED BY THE SECRETARY OF
EDUCATION. SUCH SPECIAL EDUCATION PROGRAM OR SERVICE SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE TRANSPORTATION OF STUDENTS
WITH DISABILITIES; SERVICES RELATED TO OCCUPATIONAL THERAPY,
PHYSICAL THERAPY, SPEECH AND LANGUAGE, HEARING IMPAIRMENTS OR
VISUAL IMPAIRMENTS; OR TRAINING IN ORIENTATION AND MOBILITY FOR
CHILDREN WHO ARE VISUALLY IMPAIRED OR BLIND.
(II) FUNDS DISTRIBUTED TO A SCHOOL DISTRICT OR CHARTER
SCHOOL UNDER THIS SUBSECTION SHALL BE ALLOCATED FOR STUDENTS FOR
WHICH EXPENSES ARE INCURRED ON AN ANNUAL BASIS THAT ARE EQUAL TO
OR GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000) AS
FOLLOWS:
(A) FOR A STUDENT FOR WHOM EXPENSES ARE EQUAL TO OR GREATER
THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000) AND LESS THAN OR
EQUAL TO ONE HUNDRED THOUSAND DOLLARS ($100,000), SUBTRACT THE
STATE SUBSIDIES PAID ON BEHALF OF THE STUDENT TO THE SCHOOL
DISTRICT OR, FOR A STUDENT ENROLLED IN A CHARTER SCHOOL, THE
CHARTER SCHOOL PAYMENT RECEIVED BY THE CHARTER SCHOOL WHERE THE
CHILD IS ENROLLED FROM THE EXPENSE INCURRED FOR THE STUDENT AND
MULTIPLY THE DIFFERENCE BY THE SCHOOL DISTRICT'S OR CHARTER
SCHOOL'S MARKET VALUE/PERSONAL INCOME AID RATIO.
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(B) FOR A STUDENT FOR WHICH EXPENSES ARE GREATER THAN ONE
HUNDRED THOUSAND DOLLARS ($100,000), SUBTRACT THE STATE
SUBSIDIES PAID ON BEHALF OF THE STUDENT TO THE SCHOOL DISTRICT
OR, FOR A STUDENT ENROLLED IN A CHARTER SCHOOL, THE CHARTER
SCHOOL PAYMENT RECEIVED BY THE CHARTER SCHOOL WHERE THE CHILD IS
ENROLLED FROM THE EXPENSE INCURRED FOR THE STUDENT.
(III) NO SCHOOL DISTRICT OR CHARTER SCHOOL SHALL IN ANY
SCHOOL YEAR RECEIVE AN AMOUNT UNDER SUBCLAUSE (I) WHICH EXCEEDS
THE TOTAL AMOUNT OF FUNDING AVAILABLE MULTIPLIED BY THE
PERCENTAGE EQUAL TO THE GREATEST PERCENTAGE OF THE STATE'S
SPECIAL EDUCATION STUDENTS ENROLLED IN A SCHOOL DISTRICT OR
CHARTER SCHOOL.
SECTION 17. SECTION 2510.3 OF THE ACT, ADDED JULY 9, 2013
(P.L.408, NO.59), IS AMENDED TO READ:
SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO
BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL
WATCH STATUS.--(A) FOR THE 2013-2014 AND 2016-2017 FISCAL
[YEAR] YEARS, THE DEPARTMENT OF EDUCATION MAY UTILIZE UP TO FOUR
MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000) OF
UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
OF EDUCATION TO ASSIST SCHOOL DISTRICTS DECLARED TO BE IN
FINANCIAL RECOVERY STATUS UNDER SECTION 621-A OR IDENTIFIED FOR
FINANCIAL WATCH STATUS UNDER SECTION 611-A. THE FUNDS SHALL BE
TRANSFERRED BY THE SECRETARY OF THE BUDGET TO A RESTRICTED
ACCOUNT AS NECESSARY TO MAKE PAYMENTS UNDER THIS SECTION AND,
WHEN TRANSFERRED, ARE HEREBY APPROPRIATED TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
(B) FOR THE 2013-2014 FISCAL YEAR, THE AMOUNT OF SEVEN
MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000) OF
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UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
OF EDUCATION SHALL BE TRANSFERRED TO THE FINANCIAL RECOVERY
SCHOOL DISTRICT TRANSITIONAL LOAN ACCOUNT TO MAKE LOANS AS
PROVIDED UNDER SECTION 681-A.
SECTION 18. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 2599.6. READY-TO-LEARN BLOCK GRANT.--(A) FOR THE
2016-2017 SCHOOL YEAR, EACH SCHOOL ENTITY SHALL RECEIVE A READY-
TO-LEARN BLOCK GRANT AS FOLLOWS:
(1) AN AMOUNT EQUAL TO THE AMOUNT THE SCHOOL ENTITY RECEIVED
DURING THE 2013-2014 SCHOOL YEAR UNDER SECTION 2599.2.
(2) AN AMOUNT EQUAL TO THE AMOUNT THE SCHOOL ENTITY RECEIVED
DURING THE 2014-2015 SCHOOL YEAR UNDER SECTION 1722-J(21)(II) OF
THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL
CODE.
(3) AN AMOUNT EQUAL TO THE AMOUNT THE SCHOOL ENTITY RECEIVED
DURING THE 2015-2016 SCHOOL YEAR UNDER SECTION 1722-L(21)(I)(C)
OF THE FISCAL CODE.
(B) FUNDING RECEIVED BY A SCHOOL ENTITY UNDER THIS SECTION
SHALL BE USED IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN
SECTIONS 2599.2 AND 1722-J(21)(V) OF THE FISCAL CODE AND MAY BE
USED FOR INTEGRATED STUDENT SUPPORTS.
(C) TO BE ELIGIBLE TO RECEIVE FUNDING UNDER THIS SECTION,
EACH SCHOOL ENTITY SHALL SUBMIT A PLAN FOR APPROVAL TO THE
DEPARTMENT OUTLINING HOW THE FUNDING WILL BE USED.
(D) REVENUES RECEIVED BY A SCHOOL DISTRICT UNDER SUBSECTION
(A)(2) SHALL NOT BE INCLUDED IN THE SCHOOL DISTRICT'S BUDGETED
TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP USED TO CALCULATE
THE AMOUNT TO BE PAID TO A CHARTER SCHOOL UNDER SECTION 1725-
A(A)(2) AND (3).
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(E) FOR THE PURPOSES OF THIS SECTION, A "SCHOOL ENTITY"
SHALL BE A SCHOOL DISTRICT, CHARTER SCHOOL, CYBER CHARTER SCHOOL
OR REGIONAL CHARTER SCHOOL.
SECTION 2599.7. PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC
SCHOOL EMPLOYES' SOCIAL SECURITY.--NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, BEGINNING IN THE 2016-2017
FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, EACH EMPLOYER SHALL
SUBMIT A REPORT TO THE DEPARTMENT OF EDUCATION DOCUMENTING ALL
WAGES FOR WHICH PAYMENTS ARE CALCULATED UNDER 24 PA.C.S. ยง 8329
(RELATING TO PAYMENTS ON ACCOUNT OF SOCIAL SECURITY DEDUCTIONS
FROM APPROPRIATIONS) FOR EACH QUARTER BY THE TWENTIETH DAY OF
THE MONTH FOLLOWING THE END OF THE QUARTER. THE DEPARTMENT SHALL
REVIEW THE REPORT AND, IF THE DEPARTMENT AGREES WITH THE AMOUNT
REPORTED, SHALL PROCESS AND SUBMIT A PAYMENT REQUISITION TO THE
STATE TREASURER FOR THE AMOUNT IN ORDER TO MAKE A PAYMENT TO
EACH EMPLOYER THAT SUBMITTED A TIMELY REPORT ON THE LAST
THURSDAY OF THE MONTH FOLLOWING THE SUBMISSION OF THE REQUIRED
QUARTERLY REPORTS. AN EMPLOYER THAT SUBMITS AN UNTIMELY REPORT
SHALL BE PAID FOR THE AMOUNT DUE BY THE DEPARTMENT IN A TIMELY
MANNER AFTER THE REQUIRED DOCUMENTATION HAS BEEN SUBMITTED. THE
DEPARTMENT SHALL PROVIDE A DATA FILE FOR EACH REPORTING PERIOD
DETAILING THE WAGES REPORTED BY EACH EMPLOYER AND THE PAYMENTS
MADE TO THE EMPLOYER FROM THE APPROPRIATION AND PROVIDE AN
ELECTRONIC COPY TO THE CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
OF THE SENATE AND THE CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
OF THE HOUSE OF REPRESENTATIVES.
SECTION 19. NOTWITHSTANDING THE PROVISIONS OF SECTION 1966
OF THE ACT OF JULY 10, 2014 (P.L.3052, NO.1A), KNOWN AS THE
GENERAL APPROPRIATION ACT OF 2014, THAT PORTION OF THE
APPROPRIATION TO THE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF
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REGIONAL COMMUNITY COLLEGE SERVICES IN SECTION 213 OF THE
GENERAL APPROPRIATION ACT OF 2014, AND ALLOCATED AS PROVIDED IN
SECTION 1722-J(5) OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, SHALL NOT LAPSE.
SECTION 20. OF THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF
EDUCATION FOR THE PURPOSE OF REGIONAL COMMUNITY COLLEGE SERVICES
IN SECTION 215 OF THE ACT OF DECEMBER 29, 2015 (P.L.621,
NO.10A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2015, 40%
SHALL BE DISTRIBUTED TO A NONPROFIT ORGANIZATION AUTHORIZED
UNDER ARTICLE XIX-G OF THE ACT.
SECTION 21. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY FOR THE ADDITION OF ARTICLE XIX-G
OF THE ACT.
(2) ARTICLE XVII-E.1 OF THE ACT OF APRIL 9, 1929
(P.L.343, NO. 176), KNOWN AS THE FISCAL CODE, IS REPEALED.
(3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF
ARTICLE XX-B OF THE ACT.
(4) ARTICLE XVII-F OF THE ACT OF MARCH 4, 1971 (P.L.6,
NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, IS REPEALED.
SECTION 22. THE ADDITION OF ARTICLE XIX-G OF THE ACT IS A
CONTINUATION OF FORMER ARTICLE XVII-E.1 OF THE ACT OF APRIL 9,
1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE. THE FOLLOWING
APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN ARTICLE XIX-G OF THE
ACT, ALL ACTIVITIES INITIATED UNDER FORMER ARTICLE XVII-E.1
OF THE FISCAL CODE SHALL CONTINUE AND REMAIN IN FULL FORCE
AND EFFECT AND MAY BE COMPLETED UNDER ARTICLE XIX-G OF THE
ACT. ORDERS, REGULATIONS, RULES AND DECISIONS WHICH WERE MADE
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UNDER FORMER ARTICLE XVII-E.1 OF THE FISCAL CODE AND WHICH
ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION SHALL
REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR
MODIFIED UNDER ARTICLE XIX-G OF THE ACT. CONTRACTS,
OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO
UNDER FORMER ARTICLE XVII-E.1 OF THE FISCAL CODE ARE NOT
AFFECTED NOR IMPAIRED BY THE REPEAL OF FORMER ARTICLE XVII-
E.1 OF THE FISCAL CODE.
(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE
IN LANGUAGE BETWEEN ARTICLE XIX-G OF THE ACT AND FORMER
ARTICLE XVII-E.1 OF THE FISCAL CODE IS INTENDED ONLY TO
CONFORM TO THE STYLE OF THE PUBLIC SCHOOL CODE OF 1949 AND IS
NOT INTENDED TO CHANGE OR AFFECT THE LEGISLATIVE INTENT,
JUDICIAL CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF
FORMER ARTICLE XVII-E.1 OF THE FISCAL CODE.
(3) PARAGRAPH (2) DOES NOT APPLY TO THE ADDITION OF THE
FOLLOWING PROVISIONS:
(I) SECTIONS 1901.1-G AND 1901.2-G OF THE ACT.
(II) THE REFERENCE TO DECEMBER 31, 2016, IN SECTION
1906-G(A) OF THE ACT.
(III) THE PHRASE "DONATIONS FROM PERSONS" IN SECTION
1913-G OF THE ACT.
SECTION 23. THE ADDITION OF ARTICLE XX-B OF THE ACT IS A
CONTINUATION OF ARTICLE XVII-F OF THE ACT OF MARCH 4, 1971
(P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971. EXCEPT AS
OTHERWISE PROVIDED IN ARTICLE XX-B OF THE ACT, ALL ACTIVITIES
INITIATED UNDER ARTICLE XVII-F OF THE TAX REFORM CODE OF 1971
SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE
COMPLETED UNDER ARTICLE XX-B OF THE ACT. ORDERS, REGULATIONS,
RULES AND DECISIONS WHICH WERE MADE UNDER XVII-F OF THE TAX
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REFORM CODE OF 1971 AND WHICH ARE IN EFFECT ON THE EFFECTIVE
DATE OF SECTION 21(4) OF THIS ACT SHALL REMAIN IN FULL FORCE AND
EFFECT UNTIL REVOKED, VACATED OR MODIFIED UNDER ARTICLE XX-B OF
THE ACT.
SECTION 24. THIS ACT SHALL APPLY AS FOLLOWS:
(1) SECTION 19 OF THIS ACT SHALL APPLY RETROACTIVELY TO
JULY 1, 2014.
(2) SECTION 20 OF THIS ACT SHALL APPLY RETROACTIVELY TO
JULY 1, 2015.
SECTION 25. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IN 60 DAYS:
(I) THE ADDITION OF SECTION 510.2 OF THE ACT.
(II) THE ADDITION OF SECTION 1201.1 OF THE ACT.
(III) THE AMENDMENT OF SECTION 1605 OF THE ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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