Regular Session 2017-2018 Senate Bill 1173 P.N. 1751

PRINTER'S NO. 1751

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1173

Session of

2018

INTRODUCED BY HUGHES, AUMENT, FONTANA, SABATINA, KILLION,

RESCHENTHALER, RAFFERTY, COSTA, WHITE, WAGNER, SCHWANK,

BREWSTER, TARTAGLIONE, VULAKOVICH, BAKER, YUDICHAK, MENSCH,

STEFANO, BROWNE AND BARTOLOTTA, MAY 18, 2018

REFERRED TO EDUCATION, MAY 18, 2018

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," replacing references to "vocational-

technical" with "career and technical," replacing references

to "vocational" with "career and technical" and replacing

references to "vocation" with "career and technical";

deleting references to vocational school districts; renaming

the State Board for Vocational Education as the State Board

of Career and Technical Education; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 111(a.1) introductory paragraph, (1),

(2) and (3), (b), (e) introductory paragraph, (f.2) and (j)(1)

and (2), 111.1(n) and 121(b)(2)(iii) of the act of March 10,

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

are amended to read:

Section 111. Criminal History of Employes and Prospective

Employes; Conviction of Certain Offenses.--

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

all current and prospective employes of public and private

schools, intermediate units and area [vocational-technical]

career and technical schools, including, but not limited to,

teachers, substitutes, janitors, cafeteria workers, independent

contractors and their employes, except those employes and

independent contractors and their employes who have no direct

contact with children.

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

drivers employed or offered employment by a school district,

private school, nonpublic school, intermediate unit or area

[vocational-technical] career and technical school or by an

independent contractor.

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

student teachers and student teacher candidates assigned to all

public and private schools, intermediate units and area

[vocational-technical] career and technical schools.

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

"student teacher candidate" shall mean an individual

participating in a classroom teaching, internship, clinical or

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

advanced preparation of professional educators, performs

classroom teaching or assists in the education program in a

public or private school, intermediate unit or area [vocational-

technical] career and technical school under the supervision of

educator preparation program faculty.

* * *

(b) Administrators of public and private schools,

intermediate units and area [vocational-technical] career and

technical schools shall require prospective employes to submit

with their employment application, pursuant to 18 Pa.C.S. Ch. 91

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(relating to criminal history record information), a report of

criminal history record information from the Pennsylvania State

Police or a statement from the Pennsylvania State Police that

the State Police central repository contains no such information

relating to that person. Such report of criminal history record

information shall be no more than five (5) years old. An

applicant may submit a copy of the required information with the

application for employment. Administrators shall maintain a copy

of the required information. Administrators shall require

contractors to produce a report of criminal history record

information for each prospective employe of such contractor

prior to employment. A copy of the report of criminal history

record information from the Pennsylvania State Police shall be

made available to the applicant in a manner prescribed by the

Department of Education.

* * *

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

remain employed in a public or private school, intermediate unit

or area [vocational-technical] career and technical school where

a report of criminal history record information or a form

submitted by an employe under subsection (j) indicates the

person has been convicted of any of the following offenses:

* * *

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

interfere with the ability of a public or private school,

intermediate unit or area [vocational-technical] career and

technical school to make employment, discipline or termination

decisions, provided that this subsection shall not be construed

to conflict with subsection (e), (f.1) or (j)(6).

* * *

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

be used by current and prospective employes of public and

private schools, intermediate units and area [vocational-

technical] career and technical schools for the written

reporting by current and prospective employes of any arrest or

conviction for an offense enumerated under subsections (e) and

(f.1). The form shall provide a space in which a current or

prospective employe who has not been convicted of or arrested

for any such offense will respond "no conviction" and "no

arrest." The form also shall provide that failure to accurately

report any arrest or conviction for an offense enumerated under

subsection (e) or (f.1) shall subject the current or prospective

employe to criminal prosecution under 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities). The

department shall publish the form on its publicly accessible

Internet website and in the Pennsylvania Bulletin.

(2) All current and prospective employes of a public or

private school, intermediate unit or area [vocational-technical]

career and technical school shall complete the form described in

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

for or convicted of an offense enumerated under subsections (e)

and (f.1), provided that any current employe who completed the

form on or before December 27, 2011, in compliance with clauses

(1) and (2) on that date and who has not been arrested for or

convicted of an offense enumerated under subsections (e) and

(f.1) shall not be required to complete an additional form under

this subsection.

* * *

Section 111.1. Employment History Review.--* * *

(n) As used in this section, the following words and phrases

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shall have the meanings given to them in this subsection:

"Abuse." Conduct that falls under the purview and reporting

requirements of 23 Pa.C.S. Ch. 63 and is directed toward or

against a child or a student, regardless of the age of the child

or student.

"Direct contact with children." The possibility of care,

supervision, guidance or control of children or routine

interaction with children.

"School entity." Any public school, including a charter

school or cyber charter school, private school, nonpublic

school, intermediate unit or area [vocational-technical] career

and technical school operating within this Commonwealth.

"Sexual misconduct." Any act, including, but not limited to,

any verbal, nonverbal, written or electronic communication or

physical activity, directed toward or with a child or a student

regardless of the age of the child or student that is designed

to establish a romantic or sexual relationship with the child or

student. Such acts include, but are not limited to:

(1) Sexual or romantic invitation.

(2) Dating or soliciting dates.

(3) Engaging in sexualized or romantic dialog.

(4) Making sexually suggestive comments.

(5) Self-disclosure or physical exposure of a sexual,

romantic or erotic nature.

(6) Any sexual, indecent, romantic or erotic contact with

the child or student.

Section 121. Keystone Exams.--* * *

(b) The following shall apply:

* * *

(2) The Department of Education shall investigate and

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develop alternatives in addition to the use of the Keystone

Exams as a requirement for graduation and shall, within six (6)

months of the effective date of this paragraph, issue a report

of the Department of Education's findings and recommendations,

including proposed legislation, 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. The report shall, at a minimum,

contain a detailed plan and timeline within which the Department

of Education shall accomplish all of the following:

* * *

(iii) Ensure that no student is prohibited from

participation in [vocational-technical] career and technical

education or elective courses or programs as a result of

supplemental instruction required in 22 Pa. Code §§ 4.24(k) and

4.51b(f) (relating to Keystone Exams).

* * *

Section 2. Section 126(a)(1)(v) and (vi) of the act, added

November 6, 2017 (P.L.142, No.55), are amended to read:

Section 126. Every Student Succeeds Act State Plan Review.--

(a) State plan submissions shall be developed by the department

under section 1111 of the Elementary and Secondary Education Act

of 1965 (Public Law 89-110, 20 U.S.C. § 6311), as amended by the

Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802),

and submitted to the General Assembly as follows:

(1) The department shall develop State plan submissions with

timely and meaningful consultation with 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, with opportunity for input into the State plan

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submission's formation. Consultation shall occur with regard to

the initiatives that are newly created or that retain or modify

existing law or regulation with regard to the following:

* * *

(v) [Vocational and career] Career and technical education

academic assessments, pathways and standards.

(vi) Comparability and fairness in assessments of school

districts, intermediate units, area [vocational-technical]

career and technical schools, charter schools and cyber charter

schools.

* * *

Section 3. Sections 218, 220(c), 221.2(c)(1)(iv) and (f)(4)

(i), 222(c), 322, 502, 513(b.1)(1) and (6), 522, 527 and 613(f)

of the act are amended to read:

Section 218. Reports to Department of Education.--(a) An

annual financial report shall be submitted to the Secretary of

Education by each school district, charter school, cyber charter

school and area [vocational-technical] career and technical

school not later than the 31st day of October. All financial

accounting and reporting by school districts, charter schools,

cyber charter schools and area [vocational-technical] career and

technical schools to the Department of Education shall be in

accordance with generally accepted accounting and reporting

standards, except that management discussion and analysis and

related notes and the following financial statements shall not

be required components of the annual financial report: entity-

wide financial statements, including the statement of activities

and the statement of net assets; the reconciliation of the

balance sheet - governmental funds to statement of net assets;

and the reconciliation of the statement of revenues,

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expenditures and changes in fund balances - governmental funds

to statement of activities. The Department of Education shall

establish a reporting standard for the annual financial report.

(b) The chief school administrator and board secretary of a

school district, charter school, cyber charter school or area

[vocational-technical] career and technical school shall submit

a signed statement to the Department of Education not later than

the 31st day of December of each year certifying that: the

audited financial statements of the school district, charter

school, cyber charter school or area [vocational-technical]

career and technical school have been properly audited pursuant

to Article XXIV and that in the independent auditor's

professional opinion, the financial information submitted in the

annual financial report was materially consistent with the

audited financial statements.

financial report was not materially consistent with the audited

financial statements, the school district, charter school, cyber

charter school or area [vocational-technical] career and

technical school shall submit a revised annual financial report

to the Department of Education not later than the 31st day of

December.

(d) The Department of Education shall order the forfeiture

penalties provided for under section 2552.1(a.1) against a

school district, charter school, cyber charter school or area

[vocational-technical] career and technical school for failure

to timely submit an annual financial report or revised annual

financial report.

Section 220. State Report Card.--* * *

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words and phrases shall have the meanings given to them in this

subsection:

"Department." The Department of Education of the

Commonwealth.

"Local education agency." A school district, cyber charter

school, charter school, area [vocational-technical] career and

technical school or intermediate unit.

Section 221.2. Data Collection Reduction.--* * *

this section, the State Board shall establish an advisory

committee consisting of:

* * *

(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] career

and technical schools:

(A) Two school district business managers.

(B) Two intermediate unit business managers.

(D) Two area [vocational-technical] career and 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.

(H) One representative from an area [vocational-technical]

career and technical school joint operating committee.

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(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.

* * *

(f) For purposes of this section:

* * *

(4) "Public school entity" shall mean any of the following:

(i) An area [vocational-technical] career and technical

school.

* * *

Section 222. Drop-out Data Collection.--* * *

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"School entity." A public school district, charter school,

cyber charter school or area [vocational-technical] career and

technical school.

Section 322. Eligibility; Incompatible Offices.--Any citizen

of this Commonwealth, having a good moral character, being

eighteen (18) years of age or upwards, and having been a

resident of the district for at least one (1) year prior to the

date of his election or appointment, shall be eligible to the

office of school director therein: Provided, That any person

holding any office or position of profit under the government of

any city of the first class, or the office of mayor, chief

burgess, county commissioner, district attorney, city, borough,

or township treasurer, member of council in any municipality,

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township commissioner, township supervisor, tax collector,

assessor, assistant assessor, any comptroller, auditor,

constable, executive director or assistant executive director of

an intermediate unit, supervisor, principal, teacher, or employe

of any school district, shall not be eligible as a school

director in this Commonwealth. This section shall not prevent

any district superintendent, assistant district superintendent,

supervisor, teacher, or employe of any school district, from

being a school director in a district other than the one in

which he is so employed, and other than in a district with which

the district in which he is employed operates a joint school or

department. Provided, however, That a joint school or department

does not include a [vocational] career and technical school,

intermediate unit or community college: And provided further,

That a school director who is a supervisor, principal, teacher

or employe of a [vocational] career and technical school,

intermediate unit or community college shall not serve as a

member of a board of the [vocational] career and technical

school, intermediate unit or community college in which he is a

supervisor, principal, teacher or employe: And provided further,

That a school director who is a supervisor, principal, teacher

or employe of a [vocational] career and technical school,

intermediate unit or community college, shall not be assigned to

a position of employment under the supervision of the district

in which he or she serves as a member of the board of school

directors. A school director shall not be eligible to the office

of member of council in any municipality.

Section 502. Additional Schools and Departments.--In

addition to the elementary public schools, the board of school

directors in any school district may establish, equip, furnish,

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and maintain the following additional schools or departments for

the education and recreation of persons residing in said

district, and for the proper operation of its schools, namely:--

High schools,

Trade schools,

[Vocational] Career and technical schools,

[Technical schools,]

Cafeterias,

Agricultural schools,

Evening schools,

Kindergartens,

Libraries,

Museums,

Reading-rooms,

Gymnasiums,

Playgrounds,

Schools for physically and mentally handicapped,

Truant schools,

Parental schools,

Schools for adults,

Public lectures,

Such other schools or educational departments as the

directors, in their wisdom, may see proper to establish.

Said additional schools or departments, when established,

shall be an integral part of the public school system in such

school district and shall be so administered.

No pupil shall be refused admission to the courses in these

additional schools or departments, by reason of the fact that

his elementary or academic education is being or has been

received in a school other than a public school.

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Section 513. Group Insurance Contracts.--* * *

(b.1) (1) School districts, intermediate units and area

[vocational-technical] career and technical schools shall give

employes and their dependents, upon the employe's retirement,

the option of continuing coverage in the group health plan to

which they belonged as employes.

* * *

(6) School districts, intermediate units and area

[vocational-technical] career and technical schools shall report

annually to the Department of Education the increased costs

resulting exclusively from the inclusion of qualified annuitants

and their dependents in the entity's group health plan, for the

purpose of evaluating the feasibility of future Commonwealth

funding.

* * *

Section 522. Payments of Salaries of Professional Employes

Granted Leaves of Absence as Exchange Teachers Authorized;

Rights Preserved.--Any board of public education or board of

school directors of any school district [or vocational school

district] of this Commonwealth is hereby authorized to pay any

professional employe the salary he would be entitled to if

teaching in the school district from which he is granted a leave

of absence to serve as an exchange teacher in any foreign

country or territory or possession of the United States of

America.

Any professional employe, while on leave as an exchange

teacher, shall be considered to be in regular full-time daily

attendance in the position from which the leave was granted,

during the period of said leave, for the purpose of determining

the employe's length of service, the right to receive increments

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as provided by law, and the right to make contributions as a

member of the Public School Employees' Retirement Fund and

continue his or her membership therein, the right to service

credits toward the time necessary for a sabbatical leave for

health or a leave of absence for professional development, and

the right to accumulate days of leave on account of illness or

accidental injury.

Section 527. Drug Law Convictions.--(a) Any employe,

professional or otherwise, of a school district, intermediate

unit or area [vocational-technical] career and technical school

who is convicted of delivery of a controlled substance or

convicted of possession of a controlled substance with the

intent to deliver, as prohibited by the act of April 14, 1972

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

Device and Cosmetic Act," shall be terminated from his or her

employment with the school entity. The governing body of the

school entity shall enforce this section.

(b) Notwithstanding any other provisions of this act, any

person subject to this section who, while employed in a public

or private school, intermediate unit or area [vocational-

technical] career and technical school, is convicted of any of

the offenses enumerated in subsection (e) of section 111 of this

act shall be immediately terminated from such employment.

Section 613. Management Information Reports.--* * *

(f) Beginning with the 2001-2002 school year and each school

year thereafter, the mandatory reporting requirements of this

section shall apply, as prescribed by the department, to area

[vocational-technical] career and technical schools,

intermediate units and charter schools to the extent that

funding is available. Area [vocational-technical] career and

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technical schools, intermediate units and charter schools shall

apply for funding in a form and manner prescribed by the

department.

Section 4. The definitions of "area vocational-technical

school," "market value/personal income aid ratio" and "public

school entity" in section 602-B of the act are amended to read:

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:

* * *

"Area [vocational-technical] career and technical school."

As defined in section 1841.

* * *

"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] career and

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] career and technical

school's component school districts.

(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

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charter school's administrative offices are located.

* * *

"Public school entity." Any of the following:

(1) An area [vocational-technical] career and technical

school.

(2) A school district.

(3) A charter school entity.

* * *

Section 5. Sections 701.1 second paragraph, 772.1(c),

772.2(e), 776.1, 909-A, 914-A(16), 1089(f), 1101(1), 1113(d)(1),

1123(e), (i), (n) and (o)(2) and (8), 1141, 1142(a) and (b),

1142.1(d), 1144.1, 1145, 1146(4), 1164(a), 1166(a), 1176(a) and

1195(h) of the act are amended to read:

Section 701.1. Referendum or Public Hearing Required Prior

to Construction or Lease.--* * *

The applicable aggregate building expenditure standard shall

be a total amount calculated for each building or substantial

addition by multiplying the rated pupil capacity under the

approved room schedule by the following: two thousand eight

hundred dollars ($2,800) for each pupil of rated elementary

capacity; four thousand two hundred dollars ($4,200) for each

pupil of rated secondary capacity in grades seven, eight and

nine and five thousand two hundred dollars ($5,200) for each

pupil of rated secondary capacity in grades ten, eleven and

twelve and five thousand two hundred dollars ($5,200) for each

pupil of rated [vocational-technical] career and technical

capacity in grades ten, eleven and twelve to not include the

cost of equipment and fixtures in such [vocational-technical]

career and technical schools: Provided, however, That each of

the preceding per pupil amounts shall be adjusted by the

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Department of Education on July 1, 1974; and annually thereafter

through July 1, 2003, by multiplying said amounts by the ratio

of the composite construction cost index compiled and published

by the United States Department of Commerce for the preceding

calendar year to such index for the next preceding calendar

year; and Further Provided, however, That each of the preceding

per pupil amounts shall be adjusted by the Department of

Education on July 1, 2004; and annually thereafter by

multiplying said amounts by the ratio of the Building Cost Index

published by the McGraw-Hill Companies for the preceding

calendar year to such index for the next preceding calendar

year. Rated elementary pupil capacity or rated secondary pupil

capacity for any school building shall be the rated pupil

capacity determined on the basis of the method used by the

Department for school building reimbursement purposes during the

school year 1971-1972.

* * *

Section 772.1. Integrated Pest Management Programs.--* * *

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Department." The Department of Agriculture of the

Commonwealth.

"Integrated pest management plan." A plan which establishes

a sustainable approach to managing pests by combining

biological, cultural, physical and chemical tools in a way which

minimizes economic, health and environmental risks.

"Pest." An insect, rodent, nematode, fungus, weed or other

form of terrestrial or aquatic plant or animal life or virus,

bacteria or other microorganism, except viruses, bacteria or

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other microorganisms on or in living man or other living

animals, declared to be a pest under section 25(c)(1) of the

Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.

163, 7 U.S.C. § 136w).

"Pesticide." A substance or mixture of substances intended

for preventing, destroying, repelling or mitigating a pest and a

substance or mixture of substances intended for use as a plant

regulator, defoliant or desiccant.

"School." A school district, an intermediate unit, an area

[vocational-technical] career and technical school or any of

these entities acting jointly.

Section 772.2. Notification of Pesticide Treatments at

Schools.--* * *

(e) The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Applicator." A certified applicator, commercial applicator

or public applicator.

"Certified applicator." An individual who is certified under

section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,

No.24), known as the "Pennsylvania Pesticide Control Act of

1973," as competent to use or supervise the use or application

of any pesticide.

"Commercial applicator." A certified applicator, whether or

not he is a private applicator with respect to some uses, who

uses or supervises the use of any pesticide on the property or

premises of another or on easements granted under State law, or

any applicator who uses or supervises the use of any restricted-

use pesticide on property owned or rented by him or his

employer, when not for purposes of producing an agricultural

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product. The secretary may by regulation deem certain types of

applicators using any pesticide on their own property or that of

their employer as commercial applicators.

"Department." The Department of Agriculture of the

Commonwealth.

"Insect." Any of the numerous small invertebrate animals

generally having a more or less obviously segmented body, for

the most part belonging to the class Insecta, comprising six-

legged, usually winged forms, as, for example, beetles, bugs,

bees and flies, and to other allied classes of arthropods whose

members are wingless and usually have more than six (6) legs,

as, for example, spiders, mites, ticks, centipedes and wood

lice.

"Nematode." An invertebrate animal of the phylum

Nemathelminthes and class Nematoda, that is, unsegmented round

worms with elongated, fusiform or saclike bodies covered with

cuticle and inhabiting soil, water, plants or plant parts. The

term includes nemas and eelworms.

"Person." An individual, partnership, association,

corporation or any organized group of persons, whether

incorporated or not.

"Pest." An insect, rodent, nematode, fungus, weed or other

form of terrestrial or aquatic plant or animal life or virus,

bacteria or other microorganism, except viruses, bacteria or

other microorganisms on or in living man or other living

animals, declared to be a pest under section 25(c)(1) of the

Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.

163, 7 U.S.C. § 136w).

"Pest control information sheet." A document which contains

the date of treatment, the name, address and telephone number of

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the applicator, the pesticide utilized and any other information

that is required by the Secretary of Agriculture.

"Pesticide." A substance or mixture of substances intended

for preventing, destroying, repelling or mitigating a pest and a

substance or mixture of substances intended for use as a plant

regulator, defoliant or desiccant.

"Pesticide application technician." An individual employed

by a commercial applicator or governmental agency who, having

met the competency requirements as set forth in the act of March

1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide

Control Act of 1973," is registered by the Secretary of

Agriculture to apply pesticides under the direct supervision of

a certified applicator.

"Public applicator." A certified applicator who applies

pesticides as an employe of the Commonwealth or its

instrumentalities or a local agency.

"School." A school district, an intermediate unit or an area

[vocational-technical] career and technical school or any of

these entities acting jointly.

Section 776.1. Child Day-Care Centers in School Buildings.--

For purposes of the issuance or renewal of any license, or for

inspections, under section 1007 of the act of June 13, 1967

(P.L.31, No.21), known as the ["Public Welfare Code,"] "Human

Services Code," child day-care centers operated for school-age

children in public and private school buildings, buildings

utilized by intermediate units or area [vocational-technical]

career and technical school buildings which meet the physical

site requirements provided for by the department shall be deemed

to comply with any Department of [Public Welfare] Human Services

child day-care service requirements or regulation concerning

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physical site requirements.

Section 909-A. [Vocational-Technical] Career and Technical

Education.--All powers and duties of county boards of school

directors with respect to vocational-technical education are

hereby transferred to intermediate unit boards of directors,

effective July 1, 1971; and all Commonwealth payments

theretofore paid to county boards of school directors on account

of vocational-technical education shall thereafter be paid to

intermediate unit boards of directors for career and technical

education.

Section 914-A. Powers and Duties of the Intermediate Unit

Board of Directors.--An intermediate unit board of directors

shall have the power and its duty shall be:

* * *

(16) To prepare and submit to the State Board [for

Vocational] of Career and Technical Education proposals for

arranging school districts of the intermediate unit into area

[vocational-technical] career and technical attendance areas or

any revisions thereof. A school district in an adjacent

intermediate unit may be included in such proposed attendance

area with the concurring approval of the board of school

directors of the school district and the intermediate unit to

which it belongs.

* * *

Section 1089. Business Administrator.--* * *

(f) For purposes of this section, the term "school entity"

shall mean a school district, intermediate unit or an area

[vocational-technical] career and technical school. The term

"governing board" shall mean the board of directors or joint

board of such entity.

20180SB1173PN1751 - 21 -

Section 1101. Definitions.--As used in this article,

(1) The term "professional employe" shall include those who

are certificated as teachers, supervisors, supervising

principals, principals, assistant principals, vice-principals,

directors of [vocational] career and technical education, dental

hygienists, visiting teachers, home and school visitors, school

counselors, child nutrition program specialists, school

librarians, school secretaries the selection of whom is on the

basis of merit as determined by eligibility lists and school

nurses.

* * *

Section 1113. Transferred Programs and Classes.--* * *

(d) (1) As used in this section, the term "school entity"

or "school entities" shall mean an intermediate unit and its

participating school districts or an area [vocational-technical]

career and technical school and its sending school districts.

* * *

Section 1123. Rating System.--* * *

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

professional employes and temporary professional employes

serving as classroom teachers, principals and nonteaching

professional employes may be evaluated through the use of a

rating tool developed by an individual school district,

intermediate unit or area [vocational-technical] career and

technical school that the department has approved as meeting or

exceeding the measures of effectiveness established under this

section.

* * *

(i) All school districts, intermediate units and area

[vocational-technical] career and technical schools shall

20180SB1173PN1751 - 22 -

provide to the department the aggregate results of all

professional employe and temporary professional employe,

principal and nonteaching professional employe evaluations.

* * *

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

school districts, intermediate units and area [vocational-

technical] career and technical schools.

(o) For purposes of this section:

* * *

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

individuals who are employed as a school district

superintendent, an executive director of an intermediate unit or

a chief school administrator of an area [vocational-technical]

career and technical school.

* * *

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

an assistant principal, a vice principal or a director of

[vocational] career and technical education.

* * *

Section 1141. Definitions.--For the purposes of this

subdivision.--

(1) "Teacher" shall include all professional employes and

temporary professional employes, who devote fifty per centum

(50%) of their time, or more, to teaching or other direct

educational activities, such as classroom teachers,

demonstration teachers, museum teachers, counsellors,

librarians, school nurses, dental hygienists, home and school

visitors, and other similar professional employes and temporary

professional employes, certificated in accordance with the

qualifications established by the State Board of Education.

20180SB1173PN1751 - 23 -

(2) "Service increments" shall mean increases in annual

salary granted to all professional employes by reason of their

years of service in the school district or [vocational] career

and technical school district.

(3) "Standard certificate" shall mean any one of the

following certificates: permanent State certificate, State

Normal School certificate, State Normal School diploma,

temporary standard certificate, permanent standard certificate,

State standard limited certificate, temporary extension standard

certificate, permanent extension standard certificate.

(4) "College certificate" shall mean a college provisional

certificate, a college permanent certificate, or its equivalent.

(5) "Master's Degree" shall mean a degree secured at a

college or university approved by the Department of [Public

Instruction] Education.

The State Board of Education shall establish equivalents for

both college certificates and master's degrees. In determining

the equivalents, in the case of teachers of applied arts and

[vocational] career and technical subjects, the State Board of

Education shall give due consideration to practical experience

in the field taught.

Section 1142. Minimum Salaries and Increments.--(a) Except

as hereinafter otherwise provided, all school districts and

[vocational] career and technical school districts shall pay all

regular and temporary teachers, supervisors, directors and

coordinators of [vocational] career and technical education,

psychologists, teachers of classes for exceptional children,

supervising principals, [vocational] career and technical

teachers, and principals in the public schools of the district

the minimum salaries and increments for the school year 1968-

20180SB1173PN1751 - 24 -

1969 and each school year thereafter, as provided in the

following tabulation in accordance with the column in which the

professional employe is grouped and the step which the

professional employe has attained by years of experience within

the school district each step after step 1 constituting one year

of service. When a school district, by agreement, places a

professional employe on a step in the salary scale, each step

thereafter shall constitute one year of service. When a district

adopts a salary scale in excess of the mandated scale, it shall

not be deemed to have altered or increased the step which the

employe has gained through years of service.

(b) Professional employes shall be grouped in the following

columns:

Class A. Teachers holding a standard certificate valid for

the subject or grades in which the teacher is giving

instruction.

Class B. Teachers holding a college certificate valid for the

subjects or grades in which the teacher is giving instruction.

Class C. Teachers of classes approved by the Department of

[Public Instruction] Education for exceptional children holding

a standard certificate valid for the subjects or grades in which

the teacher is giving instruction.

Class D. Teachers of classes approved by the Department of

[Public Instruction] Education for exceptional children holding

a college certificate valid for the subjects or grades in which

the teacher is giving instruction.

Class E. Supervisors, directors and coordinators of

[vocational] career and technical education, who devote one-half

or more of their time to supervision of instruction, and

psychologists, holding a standard or college certificate.

20180SB1173PN1751 - 25 -

Class F. Principals, who devote one-half or more of their

time to supervision and administration and having less than

twenty (20) teachers under their supervision, who hold a

standard certificate, or college certificate.

Class G. Such principals, having twenty (20) or more

teachers under their supervision, but less than forty (40), and

who hold a standard certificate, or college certificate.

Class H. Such principals, having forty (40) or more teachers

under there supervision, but less than sixty (60), and who hold

a standard certificate, or college certificate.

Class I. Such principals, having sixty (60) or more but less

than eighty (80) teachers under their supervision, and who hold

a standard certificate, or college certificate.

Class J. Such principals, having eighty (80) or more

teachers under their supervision, and who hold a standard

certificate, or college certificate.

Class K. Supervising principals, having less than forty (40)

teachers under their supervision, and who hold a standard

certificate, or college certificate.

Class L. Supervising principals, having forty (40) or more

teachers under their supervision, but less than sixty (60), who

hold a standard certificate, or college certificate.

Class M. Supervising principals, having sixty (60) or more

but less than eighty (80) teachers under their supervision, and

who hold a standard certificate, or college certificate.

Class N. Supervising principals, having eighty (80) or more

but less than one hundred (100) teachers under their

supervision, and who hold a standard certificate, or college

certificate.

Class O. Supervising principals, having one hundred (100) or

20180SB1173PN1751 - 26 -

more teachers under their supervision, and who hold a standard

certificate or college certificate.

Class P. [Vocational] Career and technical teachers, holding

a standard or college certificate valid for the subjects or

grades in which the teacher is giving instruction, and who is

employed for the entire calendar year because of seasonal

activities.

* * *

Section 1142.1. Minimum Salaries for Teachers.--* * *

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

have the following meanings:

"Board of school directors" shall mean board of school

directors, intermediate unit board of directors and area

[vocational-technical] career and technical board.

"School district" shall mean school district, intermediate

unit and area [vocational-technical] career and technical

school.

"Teacher" shall mean classroom teachers and all others

included within the definition of "teacher" in section 1141,

including speech correctionists and instructional department

chairmen employed by a school district.

Section 1144.1. Teachers of Applied Arts and [Vocational]

Career and Technical Subjects.--Teachers of applied arts and

[vocational] career and technical subjects who hold a standard

certificate shall be entitled to the same minimum salary and

increments as teachers who hold a college certificate.

Teachers of applied arts and [vocational] career and

technical subjects who hold a standard certificate and have

earned an additional thirty (30) semester hours of credit in

professional education in the teaching field in which said

20180SB1173PN1751 - 27 -

teacher is engaged or related thereto shall be entitled to the

same minimum salary and increments as teachers holding a

Master's Degree.

Section 1145. Minimum Salaries for Teachers With Emergency

Certificates.--In all school districts [and vocational school

districts], the minimum annual salary of teachers, who hold only

emergency certificates for any grade or subject which they

teach, shall be one thousand six hundred dollars ($1600).

Section 1146. Part-time Teachers, etc.--The minimum salary

of all part-time teachers, supervisors and principals shall be

as follows:

* * *

(4) [Vocational] Career and Technical Extension Education.

(a) Teachers and supervisors in approved programs of

[vocational] career and technical adult extension education,

four dollars ($4.00) per hour.

(b) All part-time teachers and supervisors in approved

[vocational] career and technical extension education shall be

limited to a maximum of ten (10) hours per week at the rate of

four dollars ($4.00) per hour. When hours in excess of ten (10)

hours per week are assigned the hourly rate shall be adjusted by

the district to conform with the established schedule but shall

be not less than one dollar and seventy-five cents ($1.75) per

hour.

* * *

Section 1164. Compensation Plans for School

Administrators.--(a) As used in this section, the following

words will have the following meanings:

"Administrative compensation" shall mean administrator

salaries and fringe benefits and shall include any board

20180SB1173PN1751 - 28 -

decision that directly affects administrator compensation such

as administrative evaluation and early retirement programs.

"School administrator" shall mean any employe of the school

entity below the rank of district superintendent, executive

director, director of [vocational-technical] career and

technical school, assistant district superintendent or assistant

executive director, but including the rank of first level

supervisor, who by virtue of assigned duties is not in a

bargaining unit of public employes as created under the act of

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

Relations Act." However, this definition shall not apply to

anyone who has the duties and responsibilities of the position

of business manager or personnel director, but not to include

principals.

"School employer" shall mean a board of school directors, the

area [vocational-technical] career and technical school board of

directors or the intermediate unit board of school directors as

defined in this act.

* * *

Section 1166. Persons Entitled.--(a) Any person employed in

the public school system of this Commonwealth who has completed

ten (10) years of satisfactory service as a professional employe

or member of the supervisory, instructional or administrative

staff, or as a commissioned officer, of any board of school

directors, county board of school directors, or any other part

of the public school system of the Commonwealth, shall be

entitled to a leave of absence for professional development or a

sabbatical leave for restoration of health or, at the discretion

of the board of school directors, for other purposes. At least

five consecutive years of such service shall have been in the

20180SB1173PN1751 - 29 -

school district from which leave of absence for professional

development or sabbatical leave for restoration of health is

sought, unless the board of school directors shall in its

discretion allow a shorter time: Provided, however, That in the

case of professional employes of area [vocational-technical]

career and technical schools or technical institutes prior

service in the participating school districts shall be credited

toward such service requirement. A leave of absence for

professional development or sabbatical leave for restoration of

health shall be for a half or full school term or for two half

school terms during a period of two years, at the option of such

person: Provided, however, if a sabbatical leave is requested

because of the illness of an employe, a leave shall be granted

for a period equivalent to a half or full school term or

equivalent to two half school terms during a period of two

years: Provided further, That if a sabbatical leave for

restoration of health or a leave of absence for professional

development for one half school term or its equivalent has been

granted and the employe is unable to return to school service

because of illness or physical disability, the employe, upon

written request prior to the expiration of the original leave,

shall be entitled to a further leave for one half school term or

its equivalent: Provided further, That if a leave for a full

school term or its equivalent has been granted and the employe

is unable to return to school service because of illness or

physical disability, the board of school directors may extend

such leave for such periods as it may determine but not to

exceed one full school term or its equivalent. Thereafter, one

leave of absence for professional development or a sabbatical

leave for restoration of health shall be allowed after each

20180SB1173PN1751 - 30 -

seven years of service.

* * *

Section 1176. Leave of Absence.--

(a) Any employe of any school district, who shall have been

regularly employed by any school district [or vocational school

district] for any period, and who shall volunteer for military

service in the armed forces of the United States of America in

time of war or during a state of national emergency or who shall

be inducted for military service in the Armed Forces of the

United States of America at any time, shall, within thirty (30)

days after the receipt of notice to report for duty, send a copy

of such notice to the secretary of the school board by which he

is employed.

* * *

Section 1195. Distinguished Educators Program.--* * *

(h) Any school district, intermediate unit or area

[vocational-technical] career and technical school may grant

leave to a Distinguished Educator to serve under and in

accordance with the provisions of this article.

* * *

Section 6. The definition of "school entity" in section

1101-A of the act is amended to read:

Section 1101-A. Definitions.--When used in this article, the

following words and phrases shall have the following meanings:

* * *

"School entity" shall mean a public school district,

intermediate unit or area [vocational-technical] career and

technical school.

* * *

Section 7. The definition of "public school" in section

20180SB1173PN1751 - 31 -

1101-B of the act is amended to read:

Section 1101-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:

* * *

"Public school." A school operated by a school district,

intermediate unit, charter school, cyber charter school or an

area [vocational-technical] career and technical school.

Section 8. Sections 1105-B(c)(1)(i), 1201.1(a) introductory

paragraph, (2), (5) and (7), 1204.1(a), 1204.2, 1205.1(f)(2),

1205.2(n.1)(2) and (o), 1205.4(d), 1205.5(g) and (h)(2),

1205.6(b), 1207.1(d)(1) introductory paragraph, 1217(a)(2)(i)

and (c) and 1317.2(a), (b), (c), (e) and (f) introductory

paragraph of the act are amended to read:

Section 1105-B. Repayment.

* * *

eligible teacher, the department:

(1) Shall waive the repayment requirement if the

department finds that the teacher was unable to complete the

process or meet the requirements of section 1104-B(b) due to:

(i) administrative action on the part of the school

district or area [vocational-technical] career and

technical school for other than causes enumerated in

section 1122;

* * *

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

20180SB1173PN1751 - 32 -

a school district, an area [vocational-technical] career and

technical school or an intermediate unit provided that:

* * *

(2) The chief school administrator of a school district, an

area [vocational-technical] career and 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).

* * *

(5) The individual shall receive a salary fixed by the

governing body of the school district, area [vocational-

technical] career and technical school or intermediate unit.

* * *

(7) The Department of Education shall provide an annual

report on the use of the permits under this section to the

chairperson and minority chairperson of the Education Committee

of the Senate and the chairperson and minority chairperson of

the Education Committee of the House of Representatives. To

complete the report, the department shall annually survey school

districts, [vocational-technical] career and technical schools

and intermediate units.

* * *

Section 1204.1. Standard Employment Application.--(a) The

Secretary of Education, in consultation with organizations

representing school administrators, including personnel

administrators, teachers and school boards, shall develop a

standard employment application form for use by individuals

eligible for or in possession of instructional, [vocational]

20180SB1173PN1751 - 33 -

career and technical instructional, intern or [vocational]

career and technical intern teaching certificates in making

application for employment with school districts within this

Commonwealth.

* * *

Section 1204.2. Provisional [Vocational] Career and

Technical Education Certificate.--The Secretary of Education may

grant a provisional [vocational] career and technical 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] career and technical

education as may be required by the standards of the State Board

of Education, which certificate shall entitle the individual to

teach for eight annual school terms.

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

(f) * * *

(2) Notwithstanding this subsection, the provisions of

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

candidates for appointment as a district superintendent or

assistant district superintendent and candidates for

administrative and [vocational] career and technical director

certificates complete a leadership development program that

meets the Pennsylvania school leadership standards under section

1217 shall not be suspended.

Section 1205.2. Program of Continuing Professional

Education.--* * *

(n.1) * * *

(2) Notwithstanding this subsection, the provisions of

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

candidates for appointment as a district superintendent or

20180SB1173PN1751 - 34 -

assistant district superintendent and candidates for

administrative and [vocational] career and technical director

certificates complete a leadership development program that

meets the Pennsylvania school leadership standards under section

1217 shall not be suspended.

* * *

(o) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Approved provider" is an institution of higher education,

school entity, individual, corporation, partnership, limited

liability company or association approved by the department to

provide continuing professional education credits or hours under

this section. Provided, a school entity may approve a provider

of continuing professional education credits or hours in

accordance with department guidelines.

"Area of a professional educator's assignment or

certification" shall mean any component of the education

profession as it relates to the current job title or description

of the professional educator or to any area of certification

listed on the professional employe's Pennsylvania certification

or to the type of certificate or endorsement held by the

professional educator.

"Collegiate studies" shall mean a formal program or course of

study at an institution of higher education leading to the award

of academic credit.

"Compliance period" shall mean the period of time in which a

professional educator must satisfactorily complete continuing

professional education as required under subsection (a) and

which concludes every five years beginning:

20180SB1173PN1751 - 35 -

(1) July 1, 2000, for those professional educators who were

issued a State certificate prior to July 1, 2000; or

(2) on the date on which the professional educator is issued

a State certificate for those professional educators who were

certified after July 1, 2000.

"Continuing professional education courses" shall mean

courses for credit, other than collegiate studies, conducted by

providers approved by the department.

"Professional educator" shall mean an individual who holds a

Pennsylvania teacher, educational specialist or administrative

certification or letter of eligibility.

"School entity" shall mean a school district, an intermediate

unit, a joint school district, an area [vocational-technical]

career and technical school, a charter school[, the Scotland

School for Veterans' Children] and the Scranton School for the

Deaf or any of these acting jointly.

Section 1205.4. CPR Instruction.--* * *

(d) For purposes of this section, a school entity shall be

defined as a local school district, intermediate unit or area

[vocational-technical] career and technical school.

Section 1205.5. Continuing Professional Education for School

or System Leaders.--* * *

(g) For the purpose of this section, the term "school or

system leader" shall mean an individual who serves on a

certificate as a principal, vice principal, assistant principal,

superintendent, assistant superintendent, intermediate unit

executive director, assistant intermediate unit executive

director or director of an area [vocational-technical] career

and technical school.

(h) * * *

20180SB1173PN1751 - 36 -

(2) Notwithstanding this subsection, the provisions of

sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that

candidates for appointment as a district superintendent or

assistant district superintendent and candidates for

administrative and [vocational] career and technical director

certificates complete a leadership development program that

meets the Pennsylvania school leadership standards under section

1217 shall not be suspended.

Section 1205.6. Child Abuse Recognition and Reporting

Training.--* * *

(b) Definitions.--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:

"Abuse." Conduct that falls under the purview and reporting

requirements of 23 Pa.C.S. Ch. 63 (relating to child protective

services) and is directed toward or against a child or student,

regardless of the age of the child or student.

"Direct contact with children." The possibility of care,

supervision, guidance or control of children or routine

interaction with children.

"School entity." A public school, charter school, cyber

charter school, private school, nonpublic school, intermediate

unit or area [vocational-technical] career and technical school.

"Sexual misconduct." Any act, including, but not limited to,

any verbal, nonverbal, written or electronic communication or

physical activity, directed toward or with a child or student

that is designed to establish a romantic or sexual relationship

with the child or student. Such acts include, but are not

limited to:

(1) Sexual or romantic invitation.

20180SB1173PN1751 - 37 -

(2) Dating or soliciting dates.

(3) Engaging in sexualized or romantic dialog.

(4) Making sexually suggestive comments.

(5) Self-disclosure or physical exposure of a sexual,

romantic or erotic nature.

(6) Any sexual, indecent, romantic or erotic contact with

the child or student.

Section 1207.1. Postbaccalaureate Certification.--* * *

(d) (1) Notwithstanding any other provision of law, no

person shall be granted an administrative certificate or a

[vocational] career and technical director certificate by the

Department of Education unless:

* * *

Section 1217. Pennsylvania School Leadership Standards.--(a)

Programs provided under section 1205.5(c) and (d) to prepare

school or system leaders and for purposes of issuing

administrator certificates or letters of eligibility and

approved programs for the induction and continuing professional

education of school or system leaders shall address:

* * *

(2) The following corollary standards:

(i) Creating a culture of teaching and learning with an

emphasis on learning, including teaching and learning in

manufacturing and [vocational] career and technical fields.

* * *

system leader" shall mean an individual who serves on a

certificate as a principal, vice principal, assistant principal,

superintendent, assistant superintendent, intermediate unit

executive director, assistant intermediate unit executive

20180SB1173PN1751 - 38 -

director or director of an area [vocational-technical] career

and technical school.

Section 1317.2. Possession of Weapons Prohibited.--(a)

Except as otherwise provided in this section, a school district

or area [vocational-technical] career and technical school shall

expel, for a period of not less than one year, any student who

is determined to have brought onto or is in possession of a

weapon on any school property, any school-sponsored activity or

any public conveyance providing transportation to a school or

school-sponsored activity.

(b) Every school district and area [vocational-technical]

career and technical school shall develop a written policy

regarding expulsions for possession of a weapon as required

under this section. Expulsions shall be conducted pursuant to

all applicable regulations.

administrative director of an area [vocational-technical] career

and technical school may recommend modifications of such

expulsion requirements for a student on a case-by-case basis.

The superintendent or other chief administrative officer of a

school entity shall, in the case of an exceptional student, take

all steps necessary to comply with the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400

et seq.).

* * *

(e) Nothing in this section shall be construed as limiting

the authority or duty of a school or area [vocational-technical]

career and technical school to make an alternative assignment or

provide alternative educational services during the period of

expulsion.

20180SB1173PN1751 - 39 -

* * *

(f) All school districts and area [vocational-technical]

career and technical schools shall report all incidents

involving possession of a weapon prohibited by this section as

follows:

* * *

Section 9. The definition of "educational entity" in section

1326 of the act is amended to read:

Section 1326. Definitions.--When used in this article, the

following words and phrases shall have the following meanings:

* * *

"Educational entity" shall mean a public school district,

nonpublic school or area [vocational-technical] career and

technical school.

* * *

Section 10. Sections 1327(a), 1361(1) and 1381 of the act

are amended to read:

Section 1327. Compulsory School Attendance.--(a) Except as

hereinafter provided, every child of compulsory school age

having a legal residence in this Commonwealth, as provided in

this article, and every migratory child of compulsory school

age, is required to attend a day school in which the subjects

and activities prescribed by the standards of the State Board of

Education are taught in the English language. In lieu of such

school attendance, any child fifteen years of age with the

approval of the district superintendent and the approval of the

Secretary of Education, and any child sixteen years of age with

the approval of the district superintendent of schools, may

enroll as a day student in a private trade school or in a

private business school licensed by the Department of Education,

20180SB1173PN1751 - 40 -

or in a trade or business school, or department operated by a

local school district or districts. Such modified program

offered in a public school must meet the standards prescribed by

the State Board of Education or the State Board [for Vocational]

of Career and Technical Education. Except as hereinafter

provided, every parent, guardian, or other person having control

or charge of any child or children of compulsory school age is

required to send such child or children to a day school in which

the subjects and activities prescribed by the standards of the

State Board of Education are taught in the English language.

Such parent, guardian, or other person having control or charge

of any child or children, fifteen or sixteen years of age, in

accordance with the provisions of this act, may send such child

or children to a private trade school or private business school

licensed by the Department of Education, or to a trade or

business school, or department operated by a local school

district or districts. Such modified program offered in a public

school must meet the standards prescribed by the State Board of

Education or the State Board [for Vocational] of Career and

Technical Education. Such child or children shall attend such

school continuously through the entire term, during which the

public schools in their respective districts shall be in

session, or in cases of children of migrant laborers during the

time the schools are in session in the districts in which such

children are temporarily domiciled. The financial responsibility

for the education of such children of migrant laborers shall

remain with the school district in which such children of

migrant laborers are temporarily domiciled; except in the case

of special schools or classes conducted by an intermediate unit

and approved by the Department of Education or conducted by the

20180SB1173PN1751 - 41 -

Department of Education. The certificate of any principal or

teacher of a private school, or of any institution for the

education of children, in which the subjects and activities

prescribed by the standards of the State Board of Education are

taught in the English language, setting forth that the work of

said school is in compliance with the provisions of this act,

shall be sufficient and satisfactory evidence thereof. Regular

daily instruction in the English language, for the time herein

required, by a properly qualified private tutor, shall be

considered as complying with the provisions of this section. For

the purposes of this section, "properly qualified private tutor"

shall mean a person who is certified by the Commonwealth of

Pennsylvania to teach in the public schools of Pennsylvania; who

is teaching one or more children who are members of a single

family; who provides the majority of the instruction to such

child or children; and who is receiving a fee or other

consideration for such instructional services. No person who

would be disqualified from school employment by the provisions

of subsection (e) of section 111 may be a private tutor, as

provided for in this section. The private tutor must file a copy

of his Pennsylvania certification and the required criminal

history record with the student's district of residence

superintendent.

* * *

Section 1361. When Provided.--(1) The board of school

directors in any school district may, out of the funds of the

district, provide for the free transportation of any resident

pupil to and from the kindergarten, elementary school, or

secondary school in which he is lawfully enrolled, provided that

such school is not operated for profit and is located within the

20180SB1173PN1751 - 42 -

district boundaries or outside the district boundaries at a

distance not exceeding ten miles by the nearest public highway,

except that such ten-mile limit shall not apply to area

[vocational technical] career and technical schools which

regularly serve eligible district pupils or to special schools

and classes approved by the Department of Education, and to and

from any points within or without the Commonwealth in order to

provide field trips for any purpose connected with the

educational pursuits of the pupils. When provision is made by a

board of school directors for the transportation of public

school pupils to and from such schools or to and from any points

within or without the Commonwealth in order to provide field

trips as herein provided, the board of school directors shall

also make identical provision for the free transportation of

pupils who regularly attend nonpublic kindergarten, elementary

and high schools not operated for profit to and from such

schools or to and from any points within or without the

Commonwealth in order to provide field trips as herein provided.

Such transportation of pupils attending nonpublic schools shall

be provided during regular school hours on such dates and

periods that the nonpublic school not operated for profit is in

regular session, according to the school calendar officially

adopted by the directors of the same in accordance with

provisions of law. The board of school directors shall provide

such transportation whenever so required by any of the

provisions of this act or of any other act of Assembly.

* * *

Section 1381. Higher Education for Blind or Deaf Students.--

The Department of [Public Instruction] Education is authorized

to make provision for defraying the necessary expense of any

20180SB1173PN1751 - 43 -

students who are blind or deaf and are regularly enrolled

students pursuing any course of study, profession, art, or

science in any university, college, conservatory of music,

normal, professional, or [vocational] career and technical

school approved by the Department of [Public Instruction]

Education, and who are residents of [the] this Commonwealth.

Before any contract is entered into, the Department of [Public

Instruction] Education shall make a careful investigation of all

circumstances surrounding the case. If, after such

investigation, it appears that any [blind or deaf] student who

is deaf or blind who desires to attend any such school or

institution, or who is attending such school or institution,

seems to be fitted for special work, the Department of [Public

Instruction] Education is authorized to expend the necessary

amount, out of the general sum appropriated for this purpose,

not to exceed five hundred dollars ($500) per year for each such

[blind or deaf] student who is deaf or blind.

Section 11. The definitions of "chief school administrator"

and "school entity" in section 1301-A of the act are amended to

read:

Section 1301-A. Definitions.--As used in this article,

"Chief school administrator" shall mean the superintendent of

a public school district, superintendent of an area [vocational-

technical] career and technical school, executive director of an

intermediate unit or chief executive officer of a charter

school.

* * *

"School entity" shall mean any public school district,

intermediate unit, area [vocational-technical] career and

technical school or charter school.

20180SB1173PN1751 - 44 -

* * *

Section 12. Sections 1414.1(d), 1414.2(j), 1414.3(e),

1414.4(d), 1414.5(d), 1423(l), 1424(c) and 1505(e) of the act

are amended to read:

Section 1414.1. Possession and Use of Asthma Inhalers and

Epinephrine Auto-Injectors.--* * *

(d) As used in this section, "school entity" means a school

district, intermediate unit, charter school or area [vocational-

technical] career and technical school.

* * *

Section 1414.2. School Access to Emergency Epinephrine.--* *

(j) As used in this section, "school entity" means a school

district, intermediate unit, charter school, cyber charter

school, regional charter school or area [vocational-technical]

career and technical school.

Section 1414.3. Education of School Employes in Diabetes

Care and Management.--* * *

(e) For purposes of this section, "school entity" means a

school district, intermediate unit, area [vocational-technical]

career and technical school, charter school or cyber charter

school.

Section 1414.4. Diabetes Care in Schools.--* * *

(d) For purposes of this section:

"School bus" means a school bus as defined in 75 Pa.C.S. §

102 (relating to definitions).

"School entity" means a school district, intermediate unit,

area [vocational-technical] career and technical school, charter

school or cyber charter school.

"School vehicle" means a school vehicle as defined in 75

20180SB1173PN1751 - 45 -

Pa.C.S. § 102.

Section 1414.5. Possession and Use of Diabetes Medication

and Monitoring Equipment.--* * *

(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] career and technical school, charter

school or cyber charter school.

"Diabetes medication" means glucagon and insulin.

Section 1423. Automatic External Defibrillators.--* * *

(l) As used in this section--

"Automatic external defibrillator" means a portable device

that uses electric shock to restore a stable heart rhythm to an

individual in cardiac arrest.

"Department" means the Department of Education of the

Commonwealth.

"Nonpublic school" means a nonprofit school, other than a

public school within this Commonwealth, wherein a resident of

this Commonwealth may legally fulfill the compulsory school

attendance requirements of this act and which meets the

applicable requirements of Title VI of the Civil Rights Act of

1964 (Public Law 88-352, 78 Stat. 241).

"School building" means a building owned by or under the

control of a school entity or nonpublic school where classes are

taught or extracurricular activities are conducted on a regular

basis.

"School entity" means an area [vocational-technical] career

and technical school, a charter school, a cyber charter school,

an intermediate unit or a school district.

"Secretary" means the Secretary of Education of the

20180SB1173PN1751 - 46 -

Commonwealth.

Section 1424. Cardiopulmonary Resuscitation.--* * *

[vocational-technical] career and technical school, a charter

school, a cyber charter school, an intermediate unit, a

nonpublic school or a school district.

Section 1505. Secretary Declaration of Emergencies.--* * *

(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:

"Charter school entity" shall mean a charter school, regional

charter school or cyber charter school.

"Department" shall mean the Department of Education of the

Commonwealth.

"School entity" shall mean a school district, area

[vocational-technical] career and technical school or

intermediate unit.

Section 13. Section 1517(f) of the act, amended November 6,

2017 (P.L.1142, No.55), is amended to read:

Section 1517. Fire and Emergency Evacuation Drills.--* * *

(f) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Chief school administrator" shall mean the superintendent of

a school district, superintendent of an area [vocational-

technical] career and technical school, executive director of an

intermediate unit or chief executive officer of a charter school

or regional charter school.

"School entity" shall mean an area [vocational-technical]

career and technical school, school district, intermediate unit,

charter school or regional charter school.

20180SB1173PN1751 - 47 -

"School security drill" shall mean a planned exercise, other

than a fire drill or natural disaster drill, designed to

practice procedures to respond to an emergency situation that

may include, but is not limited to, an act of terrorism, armed

intruder situation or other violent threat.

Section 14. Sections 1526(d) and 1527(c) of the act are

amended to read:

Section 1526. Youth Suicide Awareness and Prevention.--* * *

(d) 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:

"Department." The Department of Education of the

Commonwealth.

"Nonpublic school." A nonprofit school, other than a school

entity, wherein 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).

"Professional educator." As defined in section 1205.2(o).

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

charter school, regional charter school, cyber charter school,

intermediate unit or area [vocational-technical] career and

technical school.

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

Section 1527. Child Exploitation Awareness Education.--* * *

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

20180SB1173PN1751 - 48 -

"Nonpublic school." A nonprofit school, other than a school

entity, wherein 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).

"Professional educator." As defined in section 1205.2(o).

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

charter school, regional charter school, cyber charter school,

intermediate unit or area [vocational-technical] career and

technical school.

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

Section 15. Sections 1549(e) and 1549.1(f)(3)(v) and (p) of

the act, amended or added November 6, 2017 (P.L.1142, No.55),

are amended to read:

Section 1549. Agricultural Education.--* * *

(e) The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"School entity." A public school district, intermediate unit

or area [vocational-technical] career and technical school.

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

Section 1549.1. Commission for Agricultural Education

Excellence.--* * *

(f) The commission shall consist of the following members:

* * *

(3) The following members jointly appointed by the Secretary

of Education and the Secretary of Agriculture from lists

submitted by the President pro tempore of the Senate and the

20180SB1173PN1751 - 49 -

Speaker of the House of Representatives, in consultation with

the Majority Leader and Minority Leader of the Senate and the

Majority Leader and Minority Leader of the House of

Representatives:

* * *

(v) Two teachers of [vocational] career and technical

agriculture, one from a career and technical center and one from

a school district.

* * *

(p) The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Commission." The Commission for Agricultural Education

Excellence established under this section.

"Farmer." A person who engages in activities, practices and

procedures to produce and prepare for market poultry, livestock

and their products or who engages in the production and

harvesting of agricultural, agronomic, horticultural,

silvicultural and aquacultural crops and commodities and whose

operation is conducted on not less than ten contiguous acres in

area or, if less than ten contiguous acres in area, has an

anticipated yearly gross income of at least ten thousand dollars

($10,000).

"FFA." A career and technical student organization that

encourages leadership, personal growth and career success

through agricultural education.

"School entity." A public school district, intermediate unit

or area [vocational-technical] career and technical school.

Section 16. Sections 1551(f), 1554(g) and 1503-A(a) and (c)

(2) and (4) of the act are amended to read:

20180SB1173PN1751 - 50 -

Section 1551. Economic Education and Personal Financial

Literacy Programs.--* * *

(f) The following words and phrases when used in this

section shall have the meanings given to them in this

subsection:

"Department." The Department of Education of the

Commonwealth.

"Personal financial literacy." The integration of various

factors relating to personal financial management, including

understanding financial institutions, using money, learning to

manage personal assets and liabilities, creating budgets and any

other factors that may assist an individual in this Commonwealth

to be financially responsible.

"School entity." A public school district, charter school,

cyber charter school, intermediate unit or area [vocational-

technical] career and technical school.

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

Section 1554. Holocaust, Genocide and Human Rights

Violations Instruction.--* * *

(g) For purposes of this section, the term "school entity"

shall mean a school district, charter school, regional charter

school, cyber charter school, intermediate unit or area

[vocational-technical] career and technical school.

Section 1503-A. Basic Education Grants.--(a) Grants shall

be allocated to school districts and to area [vocational-

technical] career and technical schools by the department from

funds appropriated for this purpose. A nonpublic school, an

intermediate unit or local library may participate in the grant

process through a partnership with a school district.

* * *

20180SB1173PN1751 - 51 -

(2) School districts, charter schools, area [vocational-

technical] career and technical schools and intermediate units

are eligible to apply for grants as prescribed by the

department. Maximum grant awards will be established by the

department based on a formula that considers the market

value/income aid ratio and average daily membership. The

department may establish matching requirements for grant

recipients.

* * *

(4) An applicant may collaborate or form a partnership with

one or more of the following: a political subdivision, a school

district, an area [vocational-technical] career and technical

school, an intermediate unit, a nonpublic school, a local

library, an independent institution of higher education, a

State-owned institution, a State-related institution, a

community education council or any other entity approved by the

Department of Education.

Section 17. The definition of "school entity" in section

1501-C of the act is amended to read:

Section 1501-C. 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:

* * *

"School entity." Shall mean:

(1) For purposes of the Educational Support Services

Program, any of the following located in this Commonwealth: a

school district, intermediate unit, joint school district,

area [vocational-technical] career and technical school,

20180SB1173PN1751 - 52 -

charter school, independent school, licensed private academic

school, accredited school, a school registered under section

1327(b)[, the Scotland School for Veterans' Children] or the

Scranton School for the Deaf.

(2) For purposes of the Educational Assistance Program

established in section 1502-C, any of the following located

in this Commonwealth: a school district, joint school

district, area [vocational-technical] career and technical

school or independent school.

Section 18. The definition of "school entity" in section

1502-I of the act is amended to read:

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:

* * *

"School entity." Any of the following:

(1) A school district.

(2) An intermediate unit.

(3) An area [vocational-technical] career and technical

school.

(4) A charter school or regional charter school, as

defined in section 1703-A.

* * *

Section 19. Sections 1605(c)(2), 1607(a) and 1614(a) of the

act are amended to read:

Section 1605. Courses of Study.--* * *

(2) As used in this subsection, "public high school" shall

mean a public school, including a school within a school

20180SB1173PN1751 - 53 -

district, a charter school, a cyber charter school, a regional

charter school or an area [vocational-technical] career and

technical school, that offers twelfth grade.

Section 1607. Attendance in Other Districts.--(a) Except as

set forth in subsection (b), pupils residing in a school

district in which no public high school is maintained may

attend, during the entire term, at the expense of the school

district of which they are residents, the nearest or most

conveniently located high school of such class as they may

desire to attend, unless the board of school directors of the

district of residence shall have assigned the pupils to a high

school and adequate transportation is provided thereto. Pupils

who reside in a school district in which no public high school,

other than a [vocational] career and technical high school is

maintained, may attend, during the entire term, the nearest or

most conveniently located academic high school. In any district

which maintains a high school whose program of studies

terminates before the end of the twelfth year, pupils who have

satisfactorily completed the program of studies there available

in other than [vocational] career and technical schools or

departments, or have completed a program of studies equivalent

to said program of studies in some other school or schools, may

attend, at the expense of the school district in which they

live, and for the purpose of pursuing academic studies of a

higher grade, the nearest or most conveniently located high

school of such type as they may desire to attend giving further

high school work.

* * *

Section 1614. Participation By Students With Disabilities in

High School Graduation Ceremonies.--(a) For the 2005-2006

20180SB1173PN1751 - 54 -

school year and each school year thereafter, a board of school

directors of a school district, an area [vocational-technical]

career and technical school or a charter school shall allow a

student with a disability, whose individualized education

program as established pursuant to 22 Pa. Code § 14.131

(relating to IEP) prescribes continued special education

programs beyond the fourth year of high school, to participate

in commencement ceremonies with the student's graduating class

and receive a certificate of attendance, provided that the

student has attended four years of high school regardless of

whether the student has completed the individualized education

program.

* * *

Section 20. The definitions of "concurrent student" and

"school entity" in section 1602-B of the act are amended to

read:

Section 1602-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:

* * *

"Concurrent student." A student who is enrolled in a school

district, a charter school, an area [vocational-technical]

career and technical school, a nonpublic school, a private

school or a home education program under section 1327.1 and who

takes a concurrent course through a concurrent enrollment

program.

* * *

"School entity." A school district or an area [vocational-

technical] career and technical school.

20180SB1173PN1751 - 55 -

* * *

Section 21. Sections 1603-B(c)(1), 1614-B(b) and 1615-B(a)

of the act are amended to read:

Section 1603-B. Responsibilities of department and State Board

of Education.

* * *

(1) The department shall provide a grant to any school

entity that has applied for grant funds under section 1611-

B(c) and has approved a concurrent enrollment program as set

forth in this article. The grant amount to each school entity

shall be calculated for each concurrent course as follows:

(i) Determine the total approved cost for all

concurrent students who are residents of the school

district or enrolled in the area [vocational-technical]

career and technical school.

(ii) Multiply the amount from subparagraph (i) by

the sum of 0.425 and the market value/income aid ratio of

the school entity, provided that where a concurrent

student is enrolled in an area [vocational-technical]

career and technical school, the market value/income aid

ratio shall be the average of the market value/income aid

ratios of the concurrent students' school districts of

residence.

* * *

Section 1614-B. Enrollment in concurrent courses.

* * *

(b) Optional enrollment.--A student enrolled in a school

district, charter school, area [vocational-technical] career and

technical school, nonpublic school, private school or home

20180SB1173PN1751 - 56 -

education program who does not qualify under subsection (a) may

enroll in concurrent courses that are part of a concurrent

enrollment program approved by the student's school district of

residence or the area [vocational-technical] career and

technical school in which the student is enrolled by meeting

alternate criteria agreed upon by the school entity and the

eligible postsecondary institution at which the student seeks to

enroll in concurrent courses, provided that the charter school,

nonpublic school, private school or home education program

awards secondary credit for a successfully completed concurrent

course. The student shall be included in the number of students

reported to the department under section 1611-B(b) and (c).

Section 1615-B. Credit for concurrent courses.

(a) Award.--A school district, charter school, area

[vocational-technical] career and technical school, nonpublic

school, private school or home education program shall award

secondary credit for a successfully completed concurrent course,

with success being determined by the eligible postsecondary

institution and set forth in the concurrent enrollment agreement

under section 1613-B(b)(4).

* * *

Section 22. The definition of "school entity" in section

1602-C of the act is amended to read:

Section 1602-C. 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:

* * *

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

district, area [vocational-technical] career and technical

20180SB1173PN1751 - 57 -

school or charter school that provides interscholastic athletic

opportunities for secondary school students.

* * *

Section 23. Section 1707 of the act is amended to read:

Section 1707. Joint School Committee.--The boards of school

directors, establishing any joint school or department, may

supervise and direct its affairs, jointly, in the same manner as

the affairs of individual school districts are managed; or they

may agree that the affairs of such joint school or department

may be managed by a joint school committee within the limits of

the budget adopted by the joint board. Where such management is

delegated to a joint school committee, every school board

establishing joint schools or departments shall, at the annual

meeting during the month of December, select one or more of its

members who, with the members chosen in like manner in the other

districts, shall constitute the joint school committee. Every

such school board may also select at any annual or regular

meeting one or more alternates from its members to serve in the

event selected members are unable to attend a meeting of the

joint school committee. The alternate, when directed by the

president of the school board to attend a meeting of the joint

school committee in the absence of the selected member, shall

have all the powers and duties of a regular member of such

committee. This committee shall have all the powers and duties

and be subject to all the liabilities with reference to the

supervision, maintenance and regulation of such joint schools or

departments as are now conferred or imposed by law upon school

boards generally. The affirmative vote of a majority of all the

members of this committee, duly recorded, showing how each

member voted, shall be required in order to take action upon

20180SB1173PN1751 - 58 -

those subjects enumerated in section five hundred eight of this

act. Such votes may be recorded in a joint meeting or by mail

ballot. Failure to comply with the provisions of this act shall

render void and unenforceable the acts of the joint school

committee with reference thereto. The joint board and the joint

school committee, if authorized, shall organize annually during

the month of December by electing a president, vice-president

and secretary, who shall perform the duties imposed by this act

on the president, vice-president and secretary of regular school

boards. The secretary so elected shall serve for a term of four

years. The expenses of maintaining the joint school or

department shall be paid by warrant drawn on the joint board

treasurer by the president and secretary of the joint board or

the joint school committee.

Whenever two or more boards of school directors, who are at

the time members of a joint board operating a joint school or

department, join with other boards of school directors in the

formation of a joint school committee operating an area

[vocational-technical] career and technical school or technical

institute, the joint committee may be formed as may be agreed:

Provided, That each joint school or department have at least one

member on the joint school committee.

Section 24. The definition of "school entity" in section

1703-A of the act is amended to read:

Section 1703-A. Definitions.--As used in this article,

* * *

"School entity" shall mean a school district, intermediate

unit, joint school or area [vocational-technical] career and

technical school.

* * *

20180SB1173PN1751 - 59 -

Section 25. The heading of Article XVIII of the act is

amended to read:

ARTICLE XVIII.

[VOCATIONAL] CAREER AND TECHNICAL EDUCATION.

Section 26. Sections 1801, 1802, 1803, 1803.1 introductory

paragraph and (1), 1804, 1805, 1806, 1807, 1808, 1809, 1810 and

1811 of the act are amended to read:

Section 1801. Definitions.--The following words and phrases

as used in this article shall, unless a different meaning is

plainly required by the context, have the following meanings:

(1) "State Board [for Vocational] of Career and Technical

Education" shall mean the State Board of Education, herein

invested with powers to administer this article of this act

under the designation of the State Board [for Vocational] of

Career and Technical Education.

(2) "[Vocational] Career and technical education" shall mean

any form of education of less than college grade, given in

school or elsewhere, the purpose of which is to fit an

individual to pursue effectively a recognized profitable

employment, whether pursued for wages or otherwise.

(3) "[Vocational] Career and technical industrial education"

shall mean those forms of [vocational] career and technical

education that fit for industrial pursuits. It includes

occupational training [for women and girls] other than training

for the [vocation] career of homemaking. It includes also public

and other service occupations.

(4) "[Vocational] Career and technical agricultural

education" shall mean that form of [vocational] career and

technical education which develops student potential for success

in entering and advancing through careers in the food,

20180SB1173PN1751 - 60 -

agriculture and natural resources sciences, such as production

agriculture, animal science, agribusiness management and

marketing, agricultural research, energy systems, agricultural

mechanics and engineering, biotechnology, food science,

processing and retailing, banking, agricultural education,

forestry, horticulture, landscape contracting, nursery and

floriculture production, retail garden center management,

leadership and career development, management, economics and

marketing, natural resource management, plant and soil science,

power and systems technology, rural-urban interfacing and other

related fields.

(5) "[Vocational] Career and technical distributive

occupational education" shall mean those forms of [vocational]

career and technical education designed for those workers

engaged in or preparing for employment as distributors to

consumers, retailers, jobbers, wholesalers, and others of the

products of farm and industry, including, also, managers

operating or conducting a commercial service or personal service

business, or selling the services of such a business.

(6) "[Vocational] Career and technical homemaking education"

shall mean that form attitudes in the subject matter areas of

home economics and useful programs that are designed to help

individuals and families improve home environment and the

quality of family life.

(7) "[Vocational] Career and technical industrial,

[vocational] career and technical agricultural, [vocational]

career and technical distributive occupational, or [vocational]

career and technical homemaking school or department," or

"[vocational] career and technical school or department," shall

mean a distinctive organization of courses, pupils, and teachers

20180SB1173PN1751 - 61 -

approved by the State Board [for Vocational] of Career and

Technical Education, designed to give either [vocational] career

and technical industrial, [vocational] career and technical

agricultural, [vocational] career and technical distributive

occupational, or [vocational] career and technical homemaking

education, as herein defined.

(8) "[Vocational] Career and technical evening class" shall

mean a class providing such instruction for persons sixteen

years of age or over, who have left full-time school. These

classes may be conducted in the evening, or at hours when

workers are able to attend, and shall include instruction that

will either increase the skill or knowledge of the worker in the

occupation in which he is employed, or include instruction for

those who are unemployed or about to become unemployed because

of changing conditions in industry, and whose previous

experience, as a background, prepares them for employment in

related fields within a limited time.

(9) "[Vocational] Career and technical evening class" in

[vocational] career and technical homemaking shall mean a class

giving training as indicated in clause (6) for students during

the evening.

(10) "[Vocational] Career and technical homemaking school or

department" shall mean a [vocational] career and technical

school or department designed to develop, on a [vocational]

career and technical basis, the capacity for useful employment

as indicated in clause (6).

(11) "Part-time schools or classes" shall mean those schools

or classes which provide instruction in subjects given to

enlarge the civic or [vocational] career and technical knowledge

or skill of workers over fourteen years of age who have entered

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upon employment. Such schools must be so organized as to permit

workers, who are qualified for admission, to spend part of their

time during the day, week, month, or year in employment, and

part of the time in school.

(12) "Part-time cooperative [vocational] career and

technical education" refers to that form of [vocational] career

and technical instruction that involves attendance on alternate,

equal periods of school and work at the [vocation] career during

the school year, given in accordance with an agreement by which

the school and industry cooperate and coordinate in making

available the combined educational and training facilities of

both.

(13) "Practical" refers to manipulative or "practice-of-the-

trade" aspects of a [vocation] career. It includes such work

given in shops, laboratories, mines, drafting rooms, and other

places, and is to distinguish such work from "academic" or

["nonvocational"] "noncareer and nontechnical" education.

(14) "Public service-school" refers to schools, departments,

classes, and conferences for the in-service training of public

and other service occupations, including policemen, firemen,

finance officers, school board officials, and others.

(15) "[Vocational] Career and Technical Education" shall

mean a subject, or combination of subjects, of less than college

grade designed to prepare an individual to enter or advance in

an occupational field wherein success is largely dependent upon

knowledge or techniques and applied sciences, the practice of

which involves aspects of planning, managing, controlling,

processing or distributing products, sales and services.

(16) "[Vocational] Career and technical business and office

education" shall mean a subject or combination of subjects of

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less than college grade designed to prepare an individual to

enter or advance in an occupational field wherein success is

largely dependent upon skill and knowledge necessary to obtain

competency in bookkeeping, clerical, data processing, or

stenographic occupations, and similar business pursuits.

Section 1802. State Board [for Vocational] of Career and

Technical Education; Executive Officer; Employes.--The

[Superintendent of Public Instruction] Secretary of Education

shall be the executive officer of the State Board [for

Vocational] of Career and Technical Education for the

administration of this act. Except as hereinafter otherwise

provided, he, as executive officer, shall appoint, from time to

time, with the approval of the State Board [for Vocational] of

Career and Technical Education, such expert assistants, other

than those already provided for by law, as may be necessary in

[vocational] career and technical industrial, [vocational]

career and technical homemaking, [vocational] career and

technical agricultural, [vocational] career and technical

distributive or [vocational] career and technical business and

office occupational education, and all clerical and other agents

necessary in carrying out the provisions of this act.

Section 1803. Duties of State Board [for Vocational] of

Career and Technical Education; Reports.--The State Board [for

Vocational] of Career and Technical Education is hereby

authorized and directed to investigate and to aid in the

introduction of [vocational] career and technical industrial,

[vocational] career and technical agricultural, [vocational]

career and technical homemaking, [vocational] career and

technical distributive and [vocational] career and technical

business and office occupational education; to assist in the

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establishment of schools and departments for said forms of

education, and to inspect and approve such schools or

departments as are hereinafter provided. The State Board [for

Vocational] of Career and Technical Education shall make a

report annually to the Governor and Legislature describing the

condition and progress of [vocational] career and technical

industrial, [vocational] career and technical agricultural,

[vocational] career and technical homemaking, [vocational]

career and technical distributive and [vocational] career and

technical business and office occupational education during the

year, and shall also make such recommendations as the board may

deem advisable.

Section 1803.1. Duty of Secretary to Report Annually.--The

Secretary of Education shall report annually, to the Standing

Committees on Education of the Senate and House of

Representatives, the following information for each area

[vocational-technical] career and technical school:

(1) Number of approved [vocational] career and technical

programs during the current and prior years.

* * *

Section 1804. Schools or Classes; Supervisors; Principals;

Instructors, etc.--In carrying out the provisions of this act,

the State Board [for Vocational] of Career and Technical

Education shall provide for [vocational] career and technical

schools or classes, with the necessary staffs, in accordance

with the State Plan for [Vocational] Career and Technical

Education, approved by the [Federal Board for Vocational

Education] United States Department of Education.

[Principals, instructors and lecturers for the Public Service

Institute shall be elected by the State Board for Vocational

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Education. They shall possess the qualifications established in

the State Plan for Vocational Education approved by the Federal

Board for Vocational Education.]

Section 1805. Instruction in Theory and Practice.--In order

that instruction in theory and practice may go on together,

[vocational] career and technical industrial, [vocational]

career and technical agricultural, [vocational] career and

technical homemaking, and [vocational] career and technical

distributive occupational schools or departments may offer

instruction in day, part-time, and evening classes. Attendance

upon such day, evening, or part-time classes shall be restricted

to those over fourteen years of age.

Section 1806. Administration by School Districts.--Any

school district may, through its board of school directors--

(1) Establish and maintain [vocational] career and technical

industrial, [vocational] career and technical agricultural,

[vocational] career and technical homemaking, and [vocational]

career and technical distributive occupational schools or

departments.

(2) Receive any donation made to the school district for the

conduct of any [vocational] career and technical school or

department or [vocational] career and technical evening classes.

The donation shall be administered by or under the direction of

the board of directors of the district to which it is made,

subject to the approval of the [Superintendent of Public

Instruction] Secretary of Education. The board of school

directors in any district shall not be obliged to accept any

such donation unless it seems proper so to do.

(3) Require a deposit fee of a sum not to exceed ten dollars

($10) from each person enrolling in evening [vocational] career

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and technical schools or classes. Such deposit fee shall be

returned at the close of each term of instruction to all persons

so enrolled who have attended seventy-five per cent (75%) or

more of the class sessions of the term and may be returned at

any time because of death, sickness, or any other cause which

the board may deem justifiable.

(4) Acquire land for the purpose of an agricultural school

and equip and maintain the same in a proper manner, to be used

in connection therewith.

Section 1807. Joint [Vocational] Career and Technical

Schools or Departments.--Two or more districts may, as provided

in article seventeen of this act, through a joint school

committee, establish and maintain [vocational] career and

technical industrial, [vocational] career and technical

agricultural, [vocational] career and technical homemaking, or

[vocational] career and technical distributive occupational

schools or departments, to be known as joint [vocational] career

and technical schools or departments.

Section 1808. Advisory Committees.--Local school boards and

joint school committees administering approved [vocational]

career and technical industrial, [vocational] career and

technical agricultural, [vocational] career and technical

homemaking, or [vocational] career and technical distributive

occupational schools or departments may, under a plan to be

approved by the State Board [for Vocational] of Career and

Technical Education, appoint an advisory committee composed of

members representing local trades, industries, and occupations.

It shall be the duty of such a committee to counsel with and

advise the local or joint board of trustees, and other school

officials, having the management and supervision of such

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schools.

Section 1809. Attendance in Other Districts and Other

States; Pupils from Other States.--(a) Any resident of any

school district which does not maintain an approved [vocational]

career and technical industrial, [vocational] career and

technical agricultural, [vocational] career and technical

homemaking, or [vocational] career and technical distributive

occupational education day, part-time, or evening class, school

or department, offering the type of training which he desires,

may make application to the board of school directors of any

other district for admission to such school or department

maintained by said board. If the board refuses him admission, he

may apply to the State Board [for Vocational] of Career and

Technical Education for admission to such school or department.

The State Board [for Vocational] of Career and Technical

Education may approve or disapprove such application. In making

such decision the State Board [for Vocational] of Career and

Technical Education shall take into consideration the

opportunities for free [vocational] career and technical

training in the community in which the applicant resides, the

financial status of the community, the age, preparation,

aptitude, and previous record of the applicant, and all other

relevant circumstances. The decision of the State Board [for

Vocational] of Career and Technical Education shall be final.

(b) Where any child of school age in any school district

resides by the nearest traveled road three miles or more from

the nearest [vocational] career and technical high school in any

district in this Commonwealth, such child, unless proper free

transportation is furnished to a suitable school in this

Commonwealth, may, on request of his parents or legal guardian,

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be assigned by the board of school directors to a more

convenient school in another state: Provided, That the consent

of the proper school officials in charge of such school in

another state to such an arrangement is permitted by the laws of

such state, and is agreed to by such officials.

been admitted, as above provided, to an approved [vocational]

career and technical industrial, [vocational] career and

technical agricultural, [vocational] career and technical

homemaking, [vocational] career and technical high or

[vocational] career and technical distributive occupational

school or department maintained by another school district,

shall pay the high school charge provided for by this act. If

any school district neglects or refuses to pay for such tuition,

it shall be liable therefor, in an action of contract, to the

school district or school districts maintaining the school which

the pupil, with the approval of the board, attended.

(d) The board of school directors in any school district in

this Commonwealth, situate adjacent to another state, may admit

to the [vocational] career and technical high school in such

district pupils resident in such other state, and may receive

tuition for such pupils as in the case of pupils admitted from

other districts in this Commonwealth.

Section 1810. Approved Local or Joint [Vocational] Career

and Technical Schools; State Reimbursement.--[Vocational] Career

and technical industrial, [vocational] career and technical

agricultural, [vocational] career and technical homemaking, and

[vocational] career and technical distributive occupational

schools or departments shall, so long as they are approved by

the State Board [for Vocational] of Career and Technical

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Education as to organization, control, location, equipment,

courses of study, qualifications of teachers, methods of

instruction, conditions of admission, employment of pupils, and

expenditures of money, constitute approved local or joint

[vocational] career and technical schools. School districts

maintaining such approved local or joint [vocational] career and

technical schools or departments shall receive reimbursement

from the Commonwealth, as provided for in this act, and shall

make such certificates to the [Superintendent of Public

Instruction] Secretary of Education as are required by article

twenty-five of this act.

Section 1811. Estimate of Expenses and Reimbursements;

Appropriations.--On or before the first Wednesday of January of

any year in which the regular session of the Legislature is

held, the State Board [for Vocational] of Career and Technical

Education shall present to the Legislature an estimate of the

amount of money necessary to meet the expenditures to be

incurred in the administration of this act for the fiscal year

beginning with the first day of the ensuing June, 1961, and

beginning with the first day of July of each year thereafter;

and the amount necessary to meet the claims of school districts

and unions of school districts maintaining approved [vocational]

career and technical schools or departments, under the

provisions of this act for the school year beginning with the

first day of the preceding July. On the basis of such statement,

the Legislature shall make an appropriation of such amounts as

may be necessary to meet the expense of carrying this act into

effect, and of reimbursing such school districts and unions of

school districts for such school year as herein provided.

Section 27. The headings of Subarticles B and C of Article

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XVIII are amended to read:

(b) [Vocational] Career and Technical School Districts.

Schools and Technical Institutes.

Section 28. Sections 1840.1, 1841, 1842, 1844, 1845, 1847,

1849, 1850.1, 1850.2, 1850.3, 1850.4, 1851, 1852, 1853, 1855,

1922, 1925, 1901-A(4) and (5), 1905-A(a)(7), 1913-A(b)(1.2),

1908-B(b), 1901-C(1) and (6), 1901-D(5) and 1903-D(b)(1) of the

act are amended to read:

Section 1840.1. Definitions.--When used in Article XVIII of

this act, the following words and phrases shall have the

following meanings unless otherwise required by the context:

"School." The word "school" shall mean an area [vocational-

technical] career and technical school.

"Institute." The word "institute" shall mean technical

institute.

"Attendance area." An "attendance area" shall mean a

geographical area of school districts and pupils to be served by

an area [vocational-technical] career and technical school or

institute which has been approved by the State Board [for

Vocational] of Career and Technical Education.

"Area [vocational-technical] career and technical board." An

"area [vocational-technical] career and technical board" shall

mean the boards of school directors of all of the participating

districts acting jointly.

Section 1841. Area [Vocational-Technical] Career and

Technical Schools and Technical Institutes Authorized.--An area

[vocational-technical] career and technical board may establish,

maintain, conduct and operate schools, departments or classes to

prepare for [vocational] career and technical industrial,

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[vocational] career and technical agricultural, [vocational]

career and technical homemaking, business and [vocational]

career and technical distributive occupations, technical

occupations, such as aides and assistants, in physical,

biological, space and other sciences, mathematics, engineering,

construction and design, computer programming and maintenance,

and health occupations and for any other occupations requiring

[vocational] career or technical training and education, to be

known as "area [vocational-technical] career and technical

schools," for the education of pupils, out-of-school youth and

adults residing in the attendance area.

An area [vocational-technical] career and technical board or

several area [vocational-technical] career and technical boards

jointly may provide for, establish, maintain, conduct and

operate schools, departments, or classes to be known as

"technical institute" to educate, train and offer post high

school programs and courses of not more than two years'

duration, which will prepare out-of-school youth and adults for

competency in sub-professional, technical, health service,

business, commercial, merchandising and skilled occupations and

for any other occupations for which technical training is

helpful to an employer and increases students' qualifications

for employment. Technical institute programs and courses shall

be coordinated with those offered in area [vocational-technical]

career and technical schools to [insure] ensure progressive

advancement of students. Such institutes shall be organized in

accordance with proposals of area [vocational-technical] career

and technical boards of school directors, which are approved by

the State Board [for Vocational] of Career and Technical

Education. All technical institutes shall be established,

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operated and in all respects conform to standards prepared by

the Department of Education and adopted by the State Board [for

Vocational] of Career and Technical Education. Area [vocational-

technical] career and technical schools, as approved by the

State Board [for Vocational] of Career and Technical Education,

may be organized as [vocational-technical] career and technical

service centers in which pupils may enroll full-time or in which

pupils enrolled in academic high schools may elect to attend

part-time. Technical institutes approved by the State Board [for

Vocational] of Career and Technical Education may enroll out-of-

school youth and adults full-time or part-time as the students

may elect.

Area [vocational-technical] career and technical school and

technical institute attendance areas and standards for courses

and equipment shall be in conformity with standards prepared by

the Department of Education and approved by the State Board [for

Vocational] of Career and Technical Education.

Section 1842. Advisory Committees.--Each area [vocational-

technical] career and technical board operating an area

[vocational-technical] career and technical school and/or

technical institute shall appoint an advisory committee,

composed of representatives of local trades, industries,

business research and educational agencies, occupations, and

administrators of the participating school districts. The

advisory committee shall advise the area [vocational-technical]

career and technical board on such matters as the need for a

particular shop, laboratory, occupation, equipment, curriculum,

labor management coordination, business and industrial

requirements or selection of personnel.

Section 1844. Establishment of Schools and Institutes.--(a)

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The intermediate unit board of directors of each intermediate

unit shall call a convention of school directors of all school

districts in the intermediate unit to meet separately by

attendance areas, to discuss the establishment of an area

[vocational-technical] career and technical school or technical

institute, as the case may be and to call upon each district to

vote for or against participation in the establishment of a

school or institute.

In addition to the method of establishing area [vocational-

technical] career and technical schools and technical institutes

as provided above, the intermediate unit board of directors may,

at any meeting call for an election by the school directors of

the districts within an attendance area to determine if an area

[vocational-technical] career and technical school or technical

institute shall be established. The intermediate unit board of

directors shall notify, by certified mail, each school district

within an attendance area of its action. At a regular or special

meeting of each school board within an attendance area and

within sixty days of the receipt of notification, an election

shall be held to determine if the district desires to

participate in the establishment of an area [vocational-

technical] career and technical school or technical institute.

The results of this election and the number of votes cast each

way shall be certified to the intermediate unit board of

directors.

The intermediate unit board of directors shall certify the

vote conducted in convention or by mail ballot to the Department

of Education and if sufficient school districts vote in the

affirmative, the intermediate unit board of directors shall

proceed to act as the agency to initiate the final procedures

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necessary to organize and establish an area [vocational-

technical] career and technical school or technical institute in

the attendance area. School districts indicating unwillingness

to participate in the establishment of an area [vocational-

technical] career and technical school or technical institute

may become participating districts at a later date according to

terms and conditions defined by the then participating

districts.

In the event the intermediate unit board of directors fails

to call for an election and one or more districts within an

attendance area desire an election, they may request the

Department of Education to conduct such election in the same

manner prescribed for the intermediate unit board of directors.

maintains an approved [vocational] career and technical program,

individually or jointly, such district or districts,

individually or jointly, may (1) make the program part of the

area [vocational-technical] career and technical school, or (2)

continue to operate the program independently either as a

participating or non-participating district.

(d) Boards of Public Education of districts of the first

class A and first class may establish area [vocational-

technical] career and technical schools and technical institutes

by the majority vote of the members of such boards, provided

such action is approved by the State Board [for Vocational] of

Career and Technical Education.

Section 1845. Cost of Establishment, Etc., Ownership of

Property.--All expenses in connection with the establishment of

area [vocational-technical] career and technical schools or

technical institutes and additions and improvements thereof

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shall be borne by the school districts participating therein in

the proportions agreed on by the respective districts. Any

school district not participating in the original establishment

of an area [vocational-technical] career and technical school or

technical institute, which later elects to become a participant,

shall contribute to the cost of the school an amount agreed on

with the then participating districts, and shall make such

further annual payments on account of obligations to the State

Public School Building Authority or rentals under leases with

municipality authorities as shall be agreed on. All property of

each area [vocational-technical] career and technical school or

technical institute shall be owned jointly by the several school

districts participating in the establishment, maintenance and

operation thereof, in the proportion the contribution of each to

the cost of acquisition, construction and improvement bears to

the total cost.

Section 1847. Attendance of Pupils from Nonparticipating

Districts.--On obtaining the consent of the area [vocational-

technical] career and technical board operating an area

[vocational-technical] career and technical school or technical

institute, and with or without the consent of the board of

school directors of the district in which the pupil resides, any

pupil residing in a nonparticipating district may attend the

area [vocational-technical] career and technical school or

technical institute. The school district in which the pupil

resides shall be charged, for each pupil attending the area

[vocational-technical] career and technical school or technical

institute, an amount equal to the total approved budget for

current expenses, debt service and capital outlay divided by the

number of pupils enrolled in the school.

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