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PRIOR PRINTER'S NO. 35
PRINTER'S NO. 1464
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
56
Session of
2015
INTRODUCED BY GREENLEAF, STACK, BREWSTER, SCHWANK, BOSCOLA,
TARTAGLIONE, RAFFERTY, WARD, McGARRIGLE AND BROWNE,
JANUARY 14, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
AS AMENDED, DECEMBER 9, 2015
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Pennsylvania National Guard,
providing for the National Guard youth challenge program.
PROVIDING FOR THE NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1109. National Guard youth challenge program.
(a) Program established.--The department shall establish a
youth challenge program as provided for under 32 U.S.C. § 509
(relating to National Guard Youth Challenge Program of
opportunities for civilian youth).
(b) Description of program.--The youth challenge program
shall seek to improve the life skills and employment potential
of youths who are 16 through 18 years of age by providing
structured military-based training and supervised work
experience, together with the program's core components of
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assisting participants with earning a high school diploma or its
equivalent, leadership development, promoting fellowship and
community service, developing life-coping skills and job skills
and improving physical fitness and health and hygiene.
(c) Length of program.--The youth challenge program shall
include at least a 22-week residential program and a 12-month
postresidential mentoring period.
(d) Requirements.--In order to participate in the youth
challenge program, the participant:
(1) Must be a resident of this Commonwealth.
(2) Must not be attending a secondary school.
(3) Must not have been convicted of a felony or be on
parole or probation.
(4) Must agree to drug testing.
(e) Administration.--Subject to 32 U.S.C. § 509 and its
implementing regulations and applicable agreements, the youth
challenge program may be staffed by an administrator and the
professional, technical and clerical employees necessary for the
performance of the youth challenge program's functions.
(f) Funding.--The department shall apply for Federal
matching funds, as provided for under 32 U.S.C. § 509 , and for
any other funds that may be available for the program.
SECTION 1. TITLE 51 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 98
NATIONAL GUARD YOUTH
CHALLENGE PROGRAM
SEC.
9801. DEFINITIONS.
9802. PROGRAM ESTABLISHED.
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9803. DESCRIPTION OF PROGRAM.
9804. LENGTH OF PROGRAM.
9805. PARTICIPANTS.
9806. ADMINISTRATION.
9807. FUNDING.
9808. TRANSFERABILITY OF COURSE CREDIT.
9809. ADVISORY COUNCIL.
9810. REPORT.
9811. AUDIT REQUIRED.
§ 9801. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"INSTITUTION OF HIGHER EDUCATION." ANY INSTITUTION OF HIGHER
LEARNING THAT IS APPROVED BY THE PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY TO PARTICIPATE IN THE AWARD OF STATE GRANTS
UNDER THE ACT OF JANUARY 25, 1966 (1965 P.L.1546, NO.541),
REFERRED TO AS THE HIGHER EDUCATION SCHOLARSHIP LAW.
"PROGRAM." THE KEYSTONE STATE CHALLENGE ACADEMY ESTABLISHED
UNDER SECTION 9802 (RELATING TO PROGRAM ESTABLISHED).
"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, CYBER
CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, INTERMEDIATE UNIT OR
AREA VOCATIONAL-TECHNICAL SCHOOL.
§ 9802. PROGRAM ESTABLISHED.
TO THE EXTENT FUNDS ARE APPROPRIATED FOR THE PURPOSES
PROVIDED UNDER THIS CHAPTER, THE DEPARTMENT SHALL ESTABLISH A
YOUTH CHALLENGE PROGRAM AS PROVIDED FOR UNDER 32 U.S.C. § 509
(RELATING TO NATIONAL GUARD YOUTH CHALLENGE PROGRAM OF
OPPORTUNITIES FOR CIVILIAN YOUTH). THE PROGRAM SHALL BE KNOWN AS
THE KEYSTONE STATE CHALLENGE ACADEMY.
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§ 9803. DESCRIPTION OF PROGRAM.
CONSISTENT WITH 32 U.S.C. § 509(A) (RELATING TO NATIONAL
GUARD YOUTH CHALLENGE PROGRAM OF OPPORTUNITIES FOR CIVILIAN
YOUTH), THE PROGRAM SHALL SEEK TO IMPROVE THE LIFE SKILLS AND
EMPLOYMENT POTENTIAL OF PARTICIPANTS BY PROVIDING MILITARY-BASED
TRAINING AND SUPERVISED WORK EXPERIENCE, TOGETHER WITH THE CORE
PROGRAM COMPONENTS OF ASSISTING PARTICIPANTS TO RECEIVE A HIGH
SCHOOL DIPLOMA OR ITS EQUIVALENT, LEADERSHIP DEVELOPMENT,
PROMOTING FELLOWSHIP AND COMMUNITY SERVICE, DEVELOPING LIFE
COPING SKILLS AND JOB SKILLS, AND IMPROVING PHYSICAL FITNESS AND
HEALTH AND HYGIENE.
§ 9804. LENGTH OF PROGRAM.
THE PROGRAM SHALL BE FOR A PERIOD OF TIME AS SET FORTH IN 32
U.S.C. § 509(A) (RELATING TO NATIONAL GUARD YOUTH CHALLENGE
PROGRAM OF OPPORTUNITIES FOR CIVILIAN YOUTH).
§ 9805. PARTICIPANTS.
REQUIREMENTS FOR PARTICIPATION IN THE PROGRAM SHALL BE AS
PRESCRIBED BY THE UNITED STATES SECRETARY OF DEFENSE UNDER 32
U.S.C. § 509(E) (RELATING TO NATIONAL GUARD YOUTH CHALLENGE
PROGRAM OF OPPORTUNITIES FOR CIVILIAN YOUTH).
§ 9806. ADMINISTRATION.
SUBJECT TO 32 U.S.C. § 509 (RELATING TO NATIONAL GUARD YOUTH
CHALLENGE PROGRAM OF OPPORTUNITIES FOR CIVILIAN YOUTH) AND ITS
IMPLEMENTING REGULATIONS AND APPLICABLE AGREEMENTS, THE PROGRAM
SHALL BE STAFFED BY THE ADMINISTRATIVE, PROFESSIONAL, TECHNICAL
AND CLERICAL EMPLOYEES NECESSARY FOR THE OPERATION OF THE
PROGRAM.
§ 9807. FUNDING.
(A) FEDERAL AND SUPPLEMENTAL FUNDING.--THE DEPARTMENT SHALL
APPLY FOR FUNDING, AS PROVIDED FOR UNDER 32 U.S.C. § 509(D)
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(RELATING TO NATIONAL GUARD YOUTH CHALLENGE PROGRAM OF
OPPORTUNITIES FOR CIVILIAN YOUTH). UNDER 32 U.S.C. § 509(J), THE
DEPARTMENT MAY SUPPLEMENT THE FUNDING WITH OTHER RESOURCES,
INCLUDING GIFTS, MADE AVAILABLE TO THE DEPARTMENT AND MAY ALSO
ACCEPT, USE AND DISPOSE OF GIFTS OR DONATIONS OF MONEY, OTHER
PROPERTY OR SERVICES FOR THE PROGRAM.
(B) SCHOOL DISTRICT PAYMENTS.--THE FOLLOWING APPLY:
(1) THERE SHALL BE NO TUITION CHARGE FOR A COMMONWEALTH
RESIDENT STUDENT ATTENDING THE PROGRAM.
(2) FOR NON-SPECIAL EDUCATION STUDENTS, THE PROGRAM
SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE
BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF
THE PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20) OF THE
ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC
SCHOOL CODE OF 1949, MINUS THE BUDGETED EXPENDITURES OF THE
DISTRICT OF RESIDENCE FOR NONPUBLIC SCHOOL PROGRAMS; ADULT
EDUCATION PROGRAMS; COMMUNITY/JUNIOR COLLEGE PROGRAMS;
STUDENT TRANSPORTATION SERVICES; FOR SPECIAL EDUCATION
PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND
IMPROVEMENT SERVICES; AND OTHER FINANCING USES, INCLUDING
DEBT SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF
ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA
SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT OF EDUCATION.
THIS AMOUNT SHALL BE PAID BY THE DISTRICT OF RESIDENCE OF
EACH STUDENT.
(3) FOR SPECIAL EDUCATION STUDENTS, THE PROGRAM SHALL
RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING AS FOR
EACH NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN PARAGRAPH
(2), PLUS AN ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE
DISTRICT OF RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE
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BY THE PRODUCT OF MULTIPLYING THE COMBINED PERCENTAGE OF
SECTION 2509.5(K) OF THE PUBLIC SCHOOL CODE OF 1949 TIMES THE
DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY MEMBERSHIP FOR
THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID BY THE
DISTRICT OF RESIDENCE OF EACH STUDENT.
(4) THE PROGRAM MAY REQUEST THE INTERMEDIATE UNIT IN
WHICH THE PROGRAM IS LOCATED TO PROVIDE SERVICES TO ASSIST
THE PROGRAM TO ADDRESS THE SPECIFIC NEEDS OF EXCEPTIONAL
STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE PROGRAM AND
BILL THE PROGRAM FOR THE SERVICES. THE INTERMEDIATE UNIT MAY
NOT CHARGE THE PROGRAM MORE FOR ANY SERVICE THAN IT CHARGES
THE CONSTITUENT DISTRICTS OF THE INTERMEDIATE UNIT.
(5) PAYMENTS SHALL BE MADE TO THE PROGRAM IN 12 EQUAL
MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH, WITHIN THE
OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN 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 OF THE PUBLIC SCHOOL CODE OF 1949 .
IF A SCHOOL DISTRICT FAILS TO MAKE A PAYMENT TO THE PROGRAM
AS PRESCRIBED IN THIS PARAGRAPH, THE SECRETARY OF EDUCATION
SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED BY THE
PROGRAM, FROM ANY AND ALL STATE PAYMENTS MADE TO THE DISTRICT
AFTER RECEIPT OF DOCUMENTATION FROM THE PROGRAM.
(6) WITHIN 30 DAYS AFTER THE SECRETARY OF EDUCATION
MAKES THE DEDUCTION DESCRIBED IN PARAGRAPH (5), A SCHOOL
DISTRICT MAY NOTIFY THE SECRETARY THAT THE DEDUCTION MADE
FROM STATE PAYMENTS TO THE DISTRICT UNDER THIS SUBSECTION IS
INACCURATE. THE SECRETARY OF EDUCATION SHALL PROVIDE THE
SCHOOL DISTRICT WITH AN OPPORTUNITY TO BE HEARD CONCERNING
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WHETHER THE PROGRAM DOCUMENTED THAT ITS STUDENTS WERE
ENROLLED IN THE PROGRAM, THE PERIOD OF TIME DURING WHICH EACH
STUDENT WAS ENROLLED, THE DISTRICT OF RESIDENCE OF EACH
STUDENT AND WHETHER THE AMOUNTS DEDUCTED FROM THE DISTRICT
WERE ACCURATE.
(C) DEFINITION.--AS USED IN THIS SECTION, THE TERM
"DISTRICT OF RESIDENCE" MEANS THE SCHOOL DISTRICT IN THIS
COMMONWEALTH IN WHICH THE PARENTS OR GUARDIANS OF A CHILD
RESIDE.
§ 9808. TRANSFERABILITY OF COURSE CREDIT.
ALL ACADEMIC COURSE CREDITS EARNED BY A PROGRAM PARTICIPANT
SHALL BE RECOGNIZED BY ANY SCHOOL ENTITY IN WHICH THE
PARTICIPANT ENROLLS FOLLOWING COMPLETION OF THE PROGRAM. THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION,
SHALL ENSURE THAT THE PROGRAM COMPLIES WITH ALL STATUTORY AND
REGULATORY PROVISIONS AS NECESSARY TO FACILITATE THE
TRANSFERABILITY OF COURSE CREDIT EARNED IN THE PROGRAM TO A
SCHOOL ENTITY.
§ 9809. ADVISORY COUNCIL.
(A) ESTABLISHMENT.--THERE IS ESTABLISHED AN ADVISORY COUNCIL
FOR THE PROGRAM. THE ADVISORY COUNCIL SHALL CONSIST OF THE
FOLLOWING MEMBERS AND THE ADJUTANT GENERAL, WHO SHALL SERVE AS A
NONVOTING, EX OFFICIO MEMBER. MEMBERS OF THE ADVISORY COUNCIL
SHALL BE APPOINTED AS FOLLOWS:
(1) THREE MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS:
(I) THE DEPUTY ADJUTANT GENERAL, ARMY, OR A
DESIGNEE.
(II) THE DEPUTY ADJUTANT GENERAL, AIR, OR A
DESIGNEE.
(III) THE SECRETARY OF EDUCATION OR A DESIGNEE.
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(2) THREE MEMBERS OF THE SENATE APPOINTED BY THE
PRESIDENT PRO TEMPORE OF THE SENATE, IN CONSULTATION WITH THE
MAJORITY LEADER AND MINORITY LEADER OF THE SENATE, WITH TWO
APPOINTEES FROM THE MAJORITY PARTY AND ONE APPOINTEE FROM THE
MINORITY PARTY.
(3) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, IN
CONSULTATION WITH THE MAJORITY LEADER AND MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES, WITH TWO APPOINTEES FROM THE
MAJORITY PARTY AND ONE APPOINTEE FROM THE MINORITY PARTY.
(B) TERMS.--EACH MEMBER OF THE ADVISORY COUNCIL SHALL SERVE
FOR THE DURATION OF THE TERM OF THE APPOINTING AUTHORITY,
PROVIDED THAT EACH MEMBER MAY BE REMOVED FOR CAUSE BY THE
MEMBER'S APPOINTING AUTHORITY.
(C) CHAIRPERSON.--THE ADVISORY COUNCIL SHALL ANNUALLY ELECT
A CHAIRPERSON.
(D) QUORUM.--FIVE MEMBERS OF THE ADVISORY COUNCIL SHALL
CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING THE BUSINESS
OF THE ADVISORY COUNCIL. THE ADVISORY COUNCIL SHALL MEET AT
LEAST QUARTERLY AND AT OTHER TIMES AT THE CALL OF THE
CHAIRPERSON.
(E) COMPENSATION.--MEMBERS OF THE ADVISORY COUNCIL SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL RECEIVE
REIMBURSEMENT FOR THEIR NECESSARY AND PROPER EXPENSES FOR
ATTENDANCE AT MEETINGS.
(F) PROGRAM OPERATION.--THE ADVISORY COUNCIL SHALL ADVISE
THE ADJUTANT GENERAL AND THE DEPARTMENT CONCERNING THE OPERATION
OF THE PROGRAM.
§ 9810. REPORT.
(A) ANNUAL REPORT.--THE DEPARTMENT SHALL PREPARE ANNUALLY A
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WRITTEN REPORT CONCERNING THE PROGRAM. THE REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
(1) THE NUMBER OF INDIVIDUALS WHO APPLIED TO THE PROGRAM
IN THE PREVIOUS FISCAL YEAR.
(2) THE NUMBER OF INDIVIDUALS WHO PARTICIPATED IN THE
PROGRAM IN THE PREVIOUS FISCAL YEAR.
(3) THE NUMBER AND PERCENTAGE OF PROGRAM PARTICIPANTS IN
THE PREVIOUS FISCAL YEAR WHO ACHIEVED EACH OF THE FOLLOWING:
(I) EARNED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.
(II) ENROLLED IN A COURSE OF STUDY AT AN INSTITUTION
OF HIGHER EDUCATION.
(III) ACCEPTED A POSITION OF FULL-TIME, PAID
EMPLOYMENT.
(IV) ACCEPTED A POSITION OF PART-TIME, PAID
EMPLOYMENT.
(V) ENTERED THE ARMED FORCES OF THE UNITED STATES,
INCLUDING A RESERVE COMPONENT OR THE NATIONAL GUARD.
(4) THE DEMOGRAPHIC MAKEUP OF THE APPLICANTS TO, AND
PARTICIPANTS IN, THE PROGRAM, INCLUDING, BUT NOT LIMITED TO,
THE FOLLOWING:
(I) RACE.
(II) AGE.
(III) GENDER.
(5) ANY INFORMATION THE DEPARTMENT PROVIDES TO THE
SECRETARY OF DEFENSE UNDER 32 U.S.C. § 509(K) (RELATING TO
NATIONAL GUARD YOUTH CHALLENGE PROGRAM OF OPPORTUNITIES FOR
CIVILIAN YOUTH) .
(B) SUBMISSION.--THE REPORT SHALL BE SUBMITTED TO THE
FOLLOWING:
(1) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
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EDUCATION COMMITTEE OF THE SENATE.
(2) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(4) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES.
§ 9811. AUDIT REQUIRED.
THE DEPARTMENT SHALL SUBMIT ANNUALLY TO THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES A
COMPLETE CERTIFIED AUDIT OF 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.
Section 2. This act shall take effect in 60 days.
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