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SENATE AMENDED
PRIOR PRINTER'S NOS. 1421, 1490
PRINTER'S NO. 3867
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1210
Session of
2019
INTRODUCED BY JONES, PICKETT, RYAN, HICKERNELL, GROVE,
ZIMMERMAN, GILLEN AND THOMAS, APRIL 15, 2019
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, MAY 28, 2020
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," IN PRELIMINARY PROVISIONS, FURTHER
PROVIDING FOR SPECIAL EDUCATION FUNDING COMMISSION AND FOR
BASIC EDUCATION FUNDING COMMISSION; IN SCHOOL FINANCES,
FURTHER PROVIDING FOR PAYROLL TAX; IN GROUNDS AND BUILDINGS,
FURTHER PROVIDING FOR LIMITATION ON NEW APPLICATIONS FOR
DEPARTMENT OF EDUCATION APPROVAL OF PUBLIC SCHOOL BUILDING
PROJECTS; IN SCHOOL SAFETY AND SECURITY, FURTHER PROVIDING
FOR SCHOOL SAFETY AND SECURITY GRANT PROGRAM AND PROVIDING
FOR COVID-19 DISASTER EMERGENCY SCHOOL HEALTH AND SAFETY
GRANTS FOR 2020-2021 SCHOOL YEAR AND FOR COVID-19 DISASTER
EMERGENCY TARGETED HEALTH AND SAFETY GRANTS FOR 2020-2021
SCHOOL YEAR; IN TERMS AND COURSES OF STUDY, PROVIDING FOR
MINIMAL NUMBER OF DAYS; IN COMMUNITY COLLEGES, FURTHER
PROVIDING FOR FINANCIAL PROGRAM AND REIMBURSEMENT OF PAYMENTS
AND FOR COMMUNITY COLLEGE CAPITAL FUND; IN RURAL REGIONAL
COLLEGE FOR UNDERSERVED COUNTIES, FURTHER PROVIDING FOR
DESIGNATION AND BOARD OF TRUSTEES; IN MISCELLANEOUS
PROVISIONS RELATING TO INSTITUTIONS OF HIGHER EDUCATION,
FURTHER PROVIDING FOR PUBLIC HIGHER EDUCATION FUNDING
COMMISSION; IN FUNDING FOR PUBLIC LIBRARIES, PROVIDING FOR
STATE AID FOR FISCAL YEAR 2020-2021; IN REIMBURSEMENTS BY
COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS, FURTHER PROVIDING
FOR STUDENT-WEIGHTED BASIC EDUCATION FUNDING, FOR PAYMENTS TO
INTERMEDIATE UNITS, FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS, FOR ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO BE
IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL
WATCH STATUS, FOR PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION
AND FOR PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC SCHOOL
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EMPLOYEES' SOCIAL SECURITY; AND, IN CONSTRUCTIONS AND
RENOVATION OF BUILDINGS BY SCHOOL ENTITIES, FURTHER PROVIDING
FOR APPLICABILITY; AND repealing provisions relating to
report of racial and ethnic groupings, to study of public
schools that provide Internet instruction, to corporate seal,
to submission of plans, to disapproval of plans, to
Department of Public Instruction to prepare plans, to
establishment of reorganized school districts, to advance
establishment, to special school watchmen-school districts in
townships of the second class, to copies of school laws, to
educational broadcasting, to residences for teachers and
janitors, to heating stoves to be shielded, to ventilation
and thermometer, to fireproof construction, to doors to open
outward and fire escapes, etc., to completion of abandoned
WPA projects in districts of the third and fourth class, to
condition of grounds and shade trees, to summer schools,
etc., to possession of telephone pagers prohibited, to
nonprofit school food program, to antitruancy programs, to
medical care for children under six with defective hearing,
to report, to care and treatment of pupils, to local wellness
policy, to foreign language academies, to monthly reports to
school directors of the districts second, third and fourth
class, to Read to Succeed Program, to department duties and
powers, to schools or classes, supervisors, principals,
instructors, etc., to estimate of expenses and reimbursements
and appropriations, to teachers of evening schools, to duties
of public institutions of higher education, to medical
education loan assistance and to special study on the revenue
impact of out-of-State tax credits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 112, 113, 212, 292, 294, 295, 296, 297,
510.1, 519, 523(a), 705, 736, 737, 738, 739, 760, 772, 1208,
1317.1, 1337(f), 1338.2, 1378, 1308-A, 1414, 1422.1, 1522, 1534,
Article XV-B, sections 1503-E(10), 1804, 1811, 1923 and 2002-
C(b), Article XXII-A and section 2596 SECTIONS 112 AND 113 of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, are repealed:
[Section 112. Report of Racial and Ethnic Groupings.--The
Department of Education shall conduct a thorough review of the
1991-1992 PennData report "Statistical Summary for 1991-1992"
and identify those school districts that have special education
enrollments whose gender and ethnic representation exceeds by
five percent (5%) the gender and ethnic makeup of the student
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population for the 1991-1992 school year. The Department of
Education shall report to the Committee on Education in the
Senate and the Committee on Education in the House of
Representatives by October 1993 the findings of the review by
the Department of Education, an outline of what further
investigative steps should be taken, recommendations for
appropriate actions to be taken by the Department of Education
and any technical assistance services to be provided by the
Department of Education to school districts.
Section 113. Study of Public Schools that Provide Internet
Instruction.--(a) The Department of Education shall conduct a
study of public schools that provide instruction primarily
through the Internet. The study shall include:
(1) a review of academic accountability methods and systems;
(2) a summary of governance structures, approval processes
and oversight mechanisms of each public school that provides
instruction primarily through the Internet;
(3) an analysis and verification of the actual and
reasonable instructional cost per student for each public school
that provides instruction primarily through the Internet; and
(4) recommendations regarding funding alternatives.
(b) The Department of Education shall prepare a report that
includes its findings and recommendations from the study and
shall provide the report to the chairman and the minority
chairman of the Education Committee of the Senate and the
chairman and minority chairman of the Education Committee of the
House of Representatives by October 30, 2001.
(c) In the event that the report required under subsection
(b) is not provided by October 30, 2001, no school district
shall pay to any public school that provides instruction
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primarily through the Internet an amount to exceed two thousand
dollars ($2,000) per resident student enrolled.]
SECTION 2. SECTION 122(K)(2) OF THE ACT, AMENDED JUNE 28,
2019 (P.L.117, NO.16), IS AMENDED TO READ:
SECTION 122. SPECIAL EDUCATION FUNDING COMMISSION.--* * *
(K) * * *
(2) THE COMMISSION SHALL BE RECONSTITUTED NOT LATER THAN
AUGUST 15, 2019, AND SHALL ISSUE THE REPORT TO THE RECIPIENTS
LISTED IN SUBSECTION (I)(5) NOT LATER THAN [NOVEMBER 30, 2019]
SEPTEMBER 30, 2020. THE COMMISSION SHALL LIMIT THE SCOPE OF THE
REVIEW PROVIDED FOR UNDER THIS SUBSECTION TO ONLY THE PROVISION
OF SPECIAL EDUCATION PAYMENTS TO SCHOOL DISTRICTS BY THE
COMMONWEALTH THROUGH THE FUNDING FORMULA CONTAINED IN SECTION
2509.5.
* * *
SECTION 3. SECTION 123(K) OF THE ACT IS AMENDED TO READ:
SECTION 123. BASIC EDUCATION FUNDING COMMISSION.--* * *
(K) (1) EVERY FIVE (5) YEARS, THE COMMISSION SHALL BE
RECONSTITUTED IN ACCORDANCE WITH SUBSECTION (C), SHALL MEET AND
HOLD PUBLIC HEARINGS TO REVIEW THE OPERATION OF THE BASIC
EDUCATION FUNDING PROVISIONS OF THIS SECTION, SHALL MAKE A
FURTHER REPORT AND SHALL ISSUE THE REPORT TO THE RECIPIENTS
LISTED IN SUBSECTION (I)(12).
(2) NOTWITHSTANDING PARAGRAPH (1), THE COMMISSION SHALL BE
RECONSTITUTED JULY 1, 2022, AND SHALL ISSUE THE REPORT TO THE
RECIPIENTS LISTED IN SUBSECTION (H)(12) NOT LATER THAN NOVEMBER
30, 2023.
* * *
SECTION 4. SECTIONS 212, 292, 295, 296, 297, 510.1, 519 AND
523(A) OF THE ACT ARE REPEALED:
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[Section 212. Corporate Seal.--Each school district in this
Commonwealth may, by a majority vote of the members of the board
of school directors of such district, adopt a corporate seal for
the use of said district. The seal shall have engraved thereon
the following: "School District of ........................,
Pennsylvania," and such other inscription or design as the board
of school directors may direct.
Section 292. Submission of Plans.--Each county board of
school directors, on or before July 1, 1964, shall prepare a
plan of organization of administrative units for the county,
conforming to the standards for approval of administrative units
adopted by the State Board of Education. The plan shall be
submitted to the Department of Public Instruction not less than
thirty (30) days nor more than sixty (60) days after it is
prepared. Any school district which considers itself aggrieved
by the plan may set forth its specific objections in a petition
which shall be served by registered or certified mail on the
secretary of the county board of school directors. All such
petitions filed shall be appended to the plan prior to
submission to the Department of Public Instruction. No plan of
organization of administrative units shall be submitted which
violates any written agreement entered into by several school
districts for the establishment of a joint school or department,
unless the agreement is amended to provide that it shall be
discontinued at the time the proposed administrative unit is
deemed established as a school district. A plan of organization
of administrative units shall be deemed to violate a written
agreement entered into by several school districts for the
establishment of a joint school or department only when it
formulates an administrative unit, which in whole or in part
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comprises less than all of the school districts joined by such
agreement. In preparing its plans, a county board of school
directors shall confer with school directors and administrators
of all school districts of the county, and may confer with the
staff of the Department of Public Instruction and upon written
request shall confer with other interested persons. Each plan
shall assure the continuity of special education and area
technical school programs by providing special education and
area technical school attendance areas established in accordance
with standards approved by the State Board of Education.
Each county board of school directors which prepared and
submitted to the Department of Public Instruction prior to
January 1, 1963, a plan of organization of administrative units
for the county, shall, in compliance with the provisions hereof,
reconsider such plan and submit the same or a revised plan on or
before July 1, 1964, irrespective of the action taken on the
prior plan. In those cases where the prior plan was approved by
the State Council of Education, the plan submitted when approved
by the Council of Basic Education shall supersede the prior
approved plan as the plan of organization of administrative
units for the county.
Section 294. Disapproval of Plans.--When any plan of
organization of administrative units for a county is disapproved
by the Council of Basic Education, it shall be returned to the
county board of school directors which submitted the plan for
reconsideration, amendment and resubmission in accordance with
the recommendations of the Council of Basic Education.
Section 295. Department of Public Instruction to Prepare
Plans.--In the event that no plan of organization of
administrative units is approved by the Council of Basic
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Education for a county prior to January 1, 1965, the Department
of Public Instruction shall prepare and place upon the agenda of
the Council of Basic Education a plan of organization of
administrative units for the county. When approved by the
Council of Basic Education, such plan shall be deemed the
approved plan of organization of administrative units for the
county.
Any school district which considers itself aggrieved by a
plan of organization of administrative units approved by the
Council of Basic Education may appeal to the State Board of
Education by filing a petition, within thirty (30) days after
approval of the plan, setting forth the grounds for such appeal.
A copy of such petition shall be served by registered or
certified mail on the secretary of the county board of school
directors. The State Board of Education, or its representative,
shall fix a day and time for hearing, shall give written notice
to all parties interested, and may hear and consider such
testimony as it may deem advisable to enable it to make a
decision. After reaching its decision, the State Board of
Education shall enter such order as appears to it just and
proper, either directing the Council of Basic Education to
approve the plan in an amended form or confirming the plan in
the form previously approved by the Council of Basic Education.
The decision of the State Board of Education shall be final,
unless an appeal is taken as now provided under the provisions
of the "Administrative Agency Law."
Section 296. Establishment of Reorganized School
Districts.--On July 1, 1966, or on the date of advance
establishment, all administrative units contained in plans of
organization of administrative units approved by the Council of
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Basic Education shall constitute and be deemed established as
school districts, and shall belong to the class to which they
are entitled as provided by law: Provided, however, if any
approved administrative unit includes any district or districts
of the second, third, or fourth class with any district of the
first class A, such district or districts of the second, third,
or fourth class shall be merged into and become part of said
district of the first class A, and said district of the first
class A as thus enlarged shall be the reorganized district and
shall be considered as having had continued existence.
Section 297. Advance Establishment.--(a) Any administrative
unit contained in a plan of organization of administrative units
approved by the Council of Basic Education may constitute and be
deemed established as a school district on July 1, 1964, or on
July 1, 1965, when the following conditions have been satisfied:
(1) All appeals to the State Board of Education from the
action of the Council of Basic Education approving the plan of
organization of administrative units have been finally
determined;
(2) At a regular meeting or at a special meeting called for
such purpose, the board of school directors of each school
district composing the administrative unit has approved by
majority vote the establishment in advance of July 1, 1966, of
the proposed school district contained in the plan of
organization of administrative units approved by the Council of
Basic Education;
(3) A copy of the resolution of each school district is
filed with the Department of Public Instruction; and
(4) The Superintendent of Public Instruction certifies to
the Council of Basic Education that all school districts
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composing the administrative unit have filed resolutions with
the Department of Public Instruction approving the establishment
of the school district in advance of July 1, 1966. The
certification shall state the date when the school district
shall be deemed established.
(b) Any school district established in advance of July 1,
1966, shall be entitled to all the benefits of this act and
shall be subject to all of the provisions of this act as if the
school district were constituted and deemed established on July
1, 1966: Provided, however, That in the case of school districts
established on July 1, 1964, the provisions of section 303.1 of
this act relating to election of school directors shall be
advanced two years: And provided further, That in the case of
school districts established on July 1, 1965, the provisions of
section 303.1 of this act shall not be advanced.
Section 510.1. Special School Watchmen-School Districts in
Townships of the Second Class.--The board of school directors of
school districts in townships of the second class may, by
resolution, appoint and fix the salary of special school
watchmen, who shall have the duty of patrolling school grounds
and protecting school property.
Section 519. Copies of School Laws.--The Superintendent of
Public Instruction shall send to each member of every board of
school directors in the State, a bound copy of each new edition
of the School Laws, as soon as possible after the same shall
have been published.]
Section 523. Educational Broadcasting.--
[(a) The State Board of Education shall adopt and amend,
when necessary, a State Plan for Educational Broadcasting. The
State plan shall provide for the development of educational
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broadcasting facilities in the Commonwealth and shall define
educational broadcasting service areas which shall be served by
specified broadcasting centers. The Department of Education
shall promulgate regulations to implement the State plan. Prior
to adoption or amendment of the State plan, the board shall
submit the plan to the Pennsylvania Public Television Network
Commission and receive its comments thereon.]
* * *
SECTION 5. SECTION 689 OF THE ACT IS AMENDED TO READ:
SECTION 689. PAYROLL TAX.--(A) A SCHOOL DISTRICT [WITHIN
WHICH A FINANCIALLY DISTRESSED MUNICIPALITY IS LOCATED] MAY LEVY
A PAYROLL TAX IN ACCORDANCE WITH SECTION 303 OF THE ACT OF
DECEMBER 31, 1965 (P.L.1257, NO.511), KNOWN AS "THE LOCAL TAX
ENABLING ACT," IF THE FOLLOWING APPLY:
(1) EACH [FINANCIALLY DISTRESSED] MUNICIPALITY WITHIN THE
SCHOOL DISTRICT LEVIES A PAYROLL TAX PURSUANT TO SECTION 123(C)
AND (D) OF THE ACT OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS
THE "MUNICIPALITIES FINANCIAL RECOVERY ACT."
(2) THE SCHOOL DISTRICT LEVIED A MERCANTILE OR BUSINESS
PRIVILEGE TAX ON A FLAT RATE OR MILLAGE BASIS IN THE YEAR THAT
THE [FINANCIALLY DISTRESSED] MUNICIPALITY FILED A PETITION TO
LEVY A PAYROLL TAX PURSUANT TO SECTION 123(C) OF THE
"MUNICIPALITIES FINANCIAL RECOVERY ACT."
(B) THE FOLLOWING SHALL APPLY:
(1) THE TAX AUTHORIZED UNDER SUBSECTION (A) MAY BE IMPOSED
AT A RATE NOT TO EXCEED A RATE SUFFICIENT TO PRODUCE REVENUES
EQUAL TO REVENUES COLLECTED FROM THE LEVY OF A MERCANTILE OR
BUSINESS PRIVILEGE TAX BY THE SCHOOL DISTRICT UNDER CHAPTER 3 OF
"THE LOCAL TAX ENABLING ACT" IN THE [PRECEDING FISCAL YEAR.]
LAST FULL FISCAL YEAR PRECEDING THE LEVY OF THE PAYROLL TAX. A
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SCHOOL DISTRICT SHALL NOT BE REQUIRED TO BEGIN THE LEVY OF THE
PAYROLL TAX ON THE FIRST DAY OF THE FISCAL YEAR. EXCEPT AS
PROVIDED UNDER CLAUSE (2), A SCHOOL DISTRICT MAY LEVY A PAYROLL
TAX IN ANY SUBSEQUENT YEAR AT A RATE NOT TO EXCEED THE RATE
INITIALLY AUTHORIZED UNDER THIS CLAUSE.
(2) IN THE EVENT THAT THE RATE IMPOSED UNDER CLAUSE (1)
FAILS TO PRODUCE THE REVENUES PROJECTED IN THE FIRST FULL YEAR
[AFTER THE IMPOSITION] OF THE COLLECTION OF A PAYROLL TAX, A
SCHOOL DISTRICT MAY AMEND THE RATE IMPOSED NOT TO EXCEED A RATE
THAT IS SUFFICIENT TO PRODUCE REVENUES EQUAL TO THE REVENUES
COLLECTED AS A RESULT OF THE MERCANTILE OR BUSINESS PRIVILEGE
TAX IN THE FINAL FULL FISCAL YEAR IT WAS LEVIED. A SCHOOL
DISTRICT MAY LEVY THE PAYROLL TAX IN ANY SUBSEQUENT YEAR AT A
RATE NOT TO EXCEED THE ADJUSTED RATE AUTHORIZED UNDER THIS
CLAUSE.
(C) AFTER IMPOSING A PAYROLL TAX UNDER THIS SECTION, THE
AUTHORITY OF A SCHOOL DISTRICT TO CONTINUE TO LEVY THE PAYROLL
TAX IS NOT CONTINGENT ON THE [DISTRESSED STATUS OF, OR] DECISION
TO LEVY A PAYROLL TAX BY[,] A MUNICIPALITY WITHIN THE SCHOOL
DISTRICT.
(D) A SCHOOL DISTRICT WHICH LEVIES A PAYROLL TAX UNDER THIS
SECTION MAY NOT THEREAFTER LEVY A MERCANTILE OR BUSINESS
PRIVILEGE TAX.
(D.1) NOTWITHSTANDING SECTION 333 OF THE ACT OF JUNE 27,
2006 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE "TAXPAYER
RELIEF ACT," OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
SCHOOL DISTRICT SHALL NOT BE SUBJECT TO A REFERENDUM REQUIREMENT
AS A CONDITION TO IMPOSE THE LEVY OF A PAYROLL TAX UNDER THIS
SECTION.
(E) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
["FINANCIALLY DISTRESSED MUNICIPALITY." A FINANCIALLY
DISTRESSED MUNICIPALITY UNDER THE ACT OF JULY 10, 1987 (P.L.246,
NO.47), KNOWN AS THE "MUNICIPALITIES FINANCIAL RECOVERY ACT."]
"SCHOOL DISTRICT." A SCHOOL DISTRICT COTERMINOUS WITH A HOME
RULE MUNICIPALITY THAT IS A CITY OF THE SECOND CLASS A LOCATED
WITHIN A HOME RULE COUNTY OF THE THIRD CLASS.
SECTION 6. SECTION 705 OF THE ACT IS REPEALED:
[Section 705. Residences for Teachers and Janitors.--The
board of directors of any school district of the fourth class,
when they consider it necessary, may purchase or build a
residence or residences for the use of the principal or teacher
or janitor, or any of them, as shall be deemed advisable, in the
same manner and upon the same procedure as other school
buildings are purchased or erected. Such school districts, with
the approval of the Department of Public Instruction, are
authorized to expend the funds of the school district and to
borrow money for the purchase or erection of such residences in
the same manner as for other school buildings. Any such district
may fix and charge a rental for the use of such building, which
rental shall be paid into the school treasury. All property
acquired under this section shall be held by the school district
the same as other school property.]
SECTION 7. SECTION 732.1(A) OF THE ACT, AMENDED JUNE 28,
2019 (P.L.117, NO.16), IS AMENDED TO READ:
SECTION 732.1. LIMITATION ON NEW APPLICATIONS FOR DEPARTMENT
OF EDUCATION APPROVAL OF PUBLIC SCHOOL BUILDING PROJECTS.--(A)
FOR THE 2012-2013 FISCAL YEAR, 2013-2014 FISCAL YEAR, 2017-2018
FISCAL YEAR, 2018-2019 FISCAL YEAR [AND], 2019-2020 FISCAL YEAR
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AND 2020-2021 FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL NOT
ACCEPT OR APPROVE NEW SCHOOL BUILDING CONSTRUCTION OR
RECONSTRUCTION PROJECT APPLICATIONS.
* * *
SECTION 8. SECTIONS 736, 737, 738, 739, 760, 772, 1208,
1317.1, 1337(F), 1338.2, 1378 AND 1308-A OF THE ACT ARE
REPEALED:
[Section 736. Heating Stoves to be Shielded.--No board of
school directors in this Commonwealth shall use a common heating
stove for the purpose of heating any school room, unless such
stove is in part enclosed within a shield or jacket made of
galvanized iron, or other suitable material, and of sufficient
height, and so placed, as to protect all pupils while seated at
their desks from direct rays of heat.
Section 737. Ventilation; Thermometer.--No school room or
recitation room shall be used in any public school which is not
provided with ample means of ventilation, and whose windows,
when they are the only means of ventilation, shall not admit of
ready adjustment both at the top and bottom, and which does not
have some device to protect pupils from currents of cold air.
Every school room or recitation room shall be furnished with a
thermometer.
Section 738. Fireproof Construction.--All school buildings,
two or more stories high, hereafter erected or leased in any
school district of the first class in this Commonwealth shall be
of fireproof construction; and in any school district of the
second, third, or fourth class, every building more than two
stories high, hereafter built or leased for school purposes,
shall be of fireproof construction.
Section 739. Doors to Open Outward; Fire Escapes; etc.--All
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doors of entrance into any building used for public school
purposes shall open outward.
In all school buildings erected after the first day of May,
one thousand nine hundred twenty-five, or buildings leased or
used for school purposes, all entrance and exit doors, as well
as all doors leading to or from all regular, special, or general
rooms, shall open outward.
Every school building shall be provided with necessary fire-
escapes and safety-appliances as required by law.
On and after January 1, 1973, each new school building and
every addition to an existing school building equipped with
windows and with no emergency fire rescue door to the outside,
shall be equipped with escape windows of such type and at such
locations as may be approved by the Department of Labor and
Industry.
Section 760. Completion of Abandoned WPA Projects, Districts
Third and Fourth Class.--Whenever any school district of the
third or fourth class, pursuant to contract with the Works
Projects Administration or any other agency of the United States
Government, shall have expended money for the erection of a
school building to be erected by such agency, and after the
erection of such building has been begun, but before the
completion thereof the project is abandoned by the Works
Projects Administration or other agency of the United States
Government, the board of directors of such school district may,
with the approval of the Superintendent of Public Instruction,
enter into a contract for the immediate continuation of the work
of erecting such school building to an extent necessary to
protect the work already completed from loss or damage by the
elements. Such contract may be let on competitive bids solicited
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from at least three responsible bidders and approved by the
Superintendent of Public Instruction.
Section 772. Condition of Grounds; Shade Trees.--The board
of school directors in each school district shall put the
grounds about every school building in a neat, proper and
sanitary condition and so maintain the same and shall provide
and maintain a proper number of shade trees.
Section 1208. Summer Schools, etc.--The State Board of
Education shall provide for summer schools in State colleges,
colleges, universities and other educational institutions, and
for extension courses and correspondence courses for all
teachers employed in the public school system of the
Commonwealth who wish to acquire the minimum qualifications
prescribed herein, or such further qualifications as may be
desirable.
Section 1317.1. Possession of Telephone Pagers Prohibited.--
(a) The possession by students of telephone paging devices,
commonly referred to as beepers, shall be prohibited on school
grounds, at school sponsored activities and on buses or other
vehicles provided by the school district.
(b) The prohibition contained in subsection (a) shall not
apply in the following cases, provided that the school
authorities approve of the presence of the beeper in each case:
(1) A student who is a member of a volunteer fire company,
ambulance or rescue squad.
(2) A student who has a need for a beeper due to the medical
condition of an immediate family member.]
Section 1337. Nonprofit School Food Program.--* * *
[(f) Studies, Appraisals and Reports to Governor. The
Department of Education is hereby authorized, to the extent that
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funds are available for that purpose and in cooperation with
other appropriate agencies and organizations, to conduct studies
of methods of improving and expanding school food programs and
promoting nutritional education in the schools, to conduct
appraisals of the nutritive benefits of school food programs and
to report its findings and recommendations, from time to time,
to the Governor.
Section 1338.2. Antitruancy Programs.--The Department of
Education shall formulate recommendations for the General
Assembly concerning the establishment and funding of effective
community-based antitruancy pilot programs. In formulating these
recommendations, the Department of Education shall seek advice
and counsel from educators, parents, students, district
attorneys, law enforcement representatives, attendance officers,
social service agencies experienced in providing services to
truant children, counselors, judges, probation officers and
representatives from the Pennsylvania Commission on Crime and
Delinquency and the Juvenile Court Judges' Commission.
Section 1378. Medical Care for Children Under Six with
Defective Hearing.--Whenever the county medical director of the
Department of Health reports to the medical examiner of any
school district a case of a minor under six (6) years of age,
who is totally deaf or whose hearing is impaired, who is not
receiving adequate care and treatment, and whose parent or
guardian is financially unable to provide the same, such medical
examiner shall provide such care and treatment at the expense of
the school district or of the Commonwealth, as the case may be,
charged by law with the providing of medical examinations for
the schools of the school district. Such care and treatment may
be administered by the medical examiner or by some doctor of
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medicine selected by him.
Section 1308-A. Report.--The Secretary of Education shall
survey all school districts and nonpublic schools to determine
the extent to which additional costs have been incurred in
implementing administrative and reporting requirements
established for public and nonpublic schools in section 1317.2
and in sections 1304-A through 1307-A. The Secretary of
Education shall issue a report to the chairman and the minority
chairman of the Appropriations Committee and the Education
Committee of the Senate and the Appropriations Committee and
Education Committee of the House of Representatives by April 1,
1996, concerning the extent to which additional costs have been
incurred by school districts and nonpublic schools.]
SECTION 9. SECTION 1306-B(H) OF THE ACT IS AMENDED TO READ:
SECTION 1306-B. SCHOOL SAFETY AND SECURITY GRANT PROGRAM.
* * *
(H) SCHOOL SAFETY AND SECURITY FUND.--
(1) THE SCHOOL SAFETY AND SECURITY FUND IS ESTABLISHED
AS A SPECIAL NONLAPSING FUND IN THE STATE TREASURY.
(2) ALL MONEY DEPOSITED IN THE FUND AND THE INTEREST IT
ACCRUES ARE APPROPRIATED TO THE COMMISSION ON A CONTINUING
BASIS TO AWARD GRANTS UNDER THIS ARTICLE.
(3) NO ADMINISTRATIVE ACTION SHALL PREVENT THE DEPOSIT
OF MONEY INTO THE FUND IN THE FISCAL YEAR IN WHICH THE MONEY
IS RECEIVED.
(4) THE FUND MAY ONLY BE USED FOR THE GRANT [PROGRAM]
PROGRAMS AUTHORIZED UNDER THIS ARTICLE AND NO MONEY IN THE
FUND MAY BE TRANSFERRED OR DIVERTED TO ANY OTHER PURPOSE BY
ADMINISTRATIVE ACTION.
(5) MONEY AVAILABLE TO THE FUND SHALL INCLUDE
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APPROPRIATIONS AND TRANSFERS FROM THE GENERAL FUND, SPECIAL
FUNDS, FEDERAL FUNDS AND OTHER SOURCES OF REVENUE MADE
AVAILABLE TO IT.
(6) GRANTS UNDER THIS SECTION SHALL BE AWARDED NO LATER
THAN MARCH 1, 2020, AND EACH MARCH 1 THEREAFTER.
(7) NOT MORE THAN 12.5% OF THE FUND MAY BE ALLOCATED
ANNUALLY FOR GRANTS UNDER SUBSECTION (J)(22).
(8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, DURING
THE 2020-2021 FISCAL YEAR, MONEY IN THE FUND SHALL BE USED AS
FOLLOWS:
(I) THE FOLLOWING AMOUNTS FOR GRANTS UNDER SECTION
1312-B:
(A) THE AMOUNT APPROPRIATED TO THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY FOR "COVID RELIEF
- FOR TRANSFER TO THE SCHOOL SAFETY AND SECURITY
FUND" FOR THE 2019-2020 FISCAL YEAR.
(B) THE AMOUNT TRANSFERRED TO THE FUND FROM THE
APPROPRIATION TO THE DEPARTMENT OF EDUCATION FOR
"COVID - ESSER - SEA" FOR THE 2019-2020 FISCAL YEAR.
(II) FIFTY PERCENT OF THE AMOUNT TRANSFERRED TO THE
FUND UNDER SECTION 1795.2-E OF THE ACT OF APRIL 9, 1929
(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, FOR GRANTS
UNDER SECTION 1313-B.
(III) FIFTY PERCENT OF THE AMOUNT TRANSFERRED TO THE
FUND UNDER SECTION 1795.2-E OF THE FISCAL CODE FOR GRANTS
TO ELIGIBLE APPLICANTS FOR PROGRAMS DESIGNED TO REDUCE
COMMUNITY VIOLENCE AS PROVIDED FOR UNDER SECTION 1306-
B(J)(22).
(IV) THE FOLLOWING SHALL APPLY TO THE DISTRIBUTION
OF MONEY UNDER SUBPARAGRAPH (I)(B):
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(A) THE DEPARTMENT OF EDUCATION SHALL AUTHORIZE
THE COMMITTEE TO DISTRIBUTE THE MONEY TRANSFERRED TO
THE FUND FROM THE APPROPRIATION FOR "COVID - ESSER -
SEA."
(B) THE SECRETARY OF EDUCATION, IN CONSULTATION
WITH THE COMMITTEE, SHALL ENSURE THAT THE
REQUIREMENTS UNDER SECTION 18003 OF THE CORONAVIRUS
AID, RELIEF, AND ECONOMIC SECURITY ACT (PUBLIC LAW
116-136, 134 STAT. 281) ARE FULFILLED.
* * *
SECTION 10. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1312-B. COVID-19 DISASTER EMERGENCY SCHOOL HEALTH AND
SAFETY GRANTS FOR 2020-2021 SCHOOL YEAR.
(A) FUNDING.--FOR THE 2020-2021 SCHOOL YEAR, THE AMOUNT OF
MONEY AVAILABLE UNDER SECTION 1306-B(H)(8)(I) SHALL BE USED BY
THE COMMITTEE TO AWARD COVID-19 DISASTER EMERGENCY SCHOOL HEALTH
AND SAFETY GRANTS TO SCHOOL ENTITIES.
(B) PURPOSES OF GRANTS.--EACH SCHOOL ENTITY SHALL BE
ELIGIBLE FOR A COVID-19 DISASTER EMERGENCY SCHOOL HEALTH AND
SAFETY GRANT FOR THE FOLLOWING PURPOSES:
(1) PURCHASING OF CLEANING AND SANITIZING PRODUCTS THAT
MEET THE CENTERS FOR DISEASE CONTROL AND PREVENTION OR
DEPARTMENT OF HEALTH CRITERIA.
(2) TRAINING AND PROFESSIONAL DEVELOPMENT OF STAFF ON
SANITATION AND MINIMIZING THE SPREAD OF INFECTIOUS DISEASES.
(3) PURCHASING OF EQUIPMENT, INCLUDING PERSONAL
PROTECTIVE EQUIPMENT, THERMOMETERS, INFRARED CAMERAS AND
OTHER NECESSARY ITEMS.
(4) MODIFICATION OF EXISTING AREAS TO EFFECTUATE
APPROPRIATE SOCIAL DISTANCING TO ENSURE THE HEALTH AND SAFETY
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OF STUDENTS AND STAFF.
(5) PROVIDING MENTAL HEALTH SERVICES AND SUPPORTS,
INCLUDING TRAUMA-INFORMED APPROACHES FOR STUDENTS IMPACTED BY
THE COVID-19 DISASTER EMERGENCY.
(6) PURCHASING EDUCATIONAL TECHNOLOGY FOR DISTANCE
LEARNING TO ENSURE THE CONTINUITY OF EDUCATION.
(7) OTHER HEALTH AND SAFETY PROGRAMS, ITEMS OR SERVICES
NECESSARY TO ADDRESS THE COVID-19 DISASTER EMERGENCY.
(C) AMOUNT OF GRANTS.--THE COMMITTEE SHALL ALLOCATE GRANTS
ON OR BEFORE JULY 15, 2020, TO EACH SCHOOL ENTITY THAT SUBMITS
AN APPLICATION, IN THE FOLLOWING AMOUNTS:
(1) EACH SCHOOL DISTRICT SHALL RECEIVE $120,000, PLUS AN
AMOUNT DETERMINED IN PARAGRAPH (3).
(2) EACH INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL
SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL AND CYBER
CHARTER SCHOOL SHALL RECEIVE $90,000.
(3) AN AMOUNT DETERMINED AS FOLLOWS:
(I) MULTIPLY THE 2018-2019 AVERAGE DAILY MEMBERSHIP
FOR EACH SCHOOL DISTRICT BY THE DIFFERENCE BETWEEN THE
AMOUNT AVAILABLE IN SUBSECTION (A) AND THE SUM OF THE
AMOUNTS DISTRIBUTED UNDER PARAGRAPHS (1) AND (2).
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
2018-2019 AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL
DISTRICTS.
(D) AVAILABILITY OF APPLICATIONS.--THE COMMITTEE SHALL MAKE
THE APPLICATION AVAILABLE TO SCHOOL ENTITIES NO LATER THAN JUNE
20, 2020. THE APPLICATION REQUIREMENTS SHALL BE LIMITED TO THE
SCHOOL ENTITY'S CONTACT INFORMATION, THE SPECIFIC PURPOSE OF THE
GRANT BASED UPON THE CATEGORIES SPECIFIED IN SUBSECTION (B) WITH
BOXES ON THE APPLICATION FOR THE APPLICANT TO INDICATE THE
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SCHOOL ENTITY'S ANTICIPATED USE AND CERTIFICATION BY THE
APPLICANT THAT THE FUNDS WILL BE USED FOR THE STATED PURPOSE.
(E) DEADLINES FOR APPLICATIONS.--EACH SCHOOL ENTITY MUST
SUBMIT AN APPLICATION FOR GRANT FUNDS NO LATER THAN JUNE 30,
2020.
(F) AUDIT AND MONITORING.--THE COMMITTEE SHALL RANDOMLY
AUDIT AND MONITOR GRANT RECIPIENTS TO ENSURE THE APPROPRIATE USE
OF GRANT FUNDS AND COMPLIANCE WITH PROVISIONS OF THE GRANT
PROGRAM.
(G) 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:
"COVID-19 DISASTER EMERGENCY." THE DISASTER EMERGENCY AS
DESCRIBED IN THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY
THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH
21, 2020), AND ANY RENEWAL OF THE STATE OF DISASTER EMERGENCY.
"SCHOOL ENTITY." A SCHOOL DISTRICT, AREA CAREER AND
TECHNICAL SCHOOL, INTERMEDIATE UNIT, CHARTER SCHOOL, REGIONAL
CHARTER SCHOOL AND CYBER CHARTER SCHOOL.
SECTION 1313-B. COVID-19 DISASTER EMERGENCY TARGETED HEALTH AND
SAFETY GRANTS FOR 2020-2021 SCHOOL YEAR.
(A) FUNDING.--FOR THE 2020-2021 SCHOOL YEAR, THE AMOUNT OF
MONEY ALLOCATED FROM THE FUND UNDER 1306-B(H)(8)(II) SHALL BE
USED BY THE COMMITTEE TO AWARD COVID-19 DISASTER EMERGENCY
TARGETED HEALTH AND SAFETY GRANTS TO INTERMEDIATE UNITS ON
BEHALF OF NONPUBLIC SCHOOLS.
(B) PURPOSE OF TARGETED GRANTS.--TARGETED GRANT AWARDS SHALL
BE MADE BY THE COMMITTEE TO INTERMEDIATE UNITS ON BEHALF OF
NONPUBLIC SCHOOLS TO FUND THE FOLLOWING PROGRAMS, ITEMS OR
SERVICES WHICH ADDRESS THE COVID-19 DISASTER EMERGENCY:
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(1) PURCHASING OF CLEANING AND SANITIZING PRODUCTS THAT
MEET THE CENTERS FOR DISEASE CONTROL AND PREVENTION OR THE
DEPARTMENT OF HEALTH CRITERIA.
(2) TRAINING AND PROFESSIONAL DEVELOPMENT OF STAFF ON
SANITATION AND MINIMIZING THE SPREAD OF INFECTIOUS DISEASES.
(3) PURCHASING OF EQUIPMENT, INCLUDING PERSONAL
PROTECTIVE EQUIPMENT, THERMOMETERS, INFRARED CAMERAS AND
OTHER NECESSARY ITEMS.
(4) MODIFICATION OF EXISTING AREAS TO EFFECTUATE
APPROPRIATE SOCIAL DISTANCING TO ENSURE THE HEALTH AND SAFETY
OF STUDENTS AND STAFF.
(5) PROVIDING MENTAL HEALTH SERVICES AND SUPPORTS FOR
STUDENTS IMPACTED BY THE COVID-19 DISASTER EMERGENCY.
(6) PURCHASING EDUCATIONAL TECHNOLOGY FOR DISTANCE
LEARNING TO ENSURE THE CONTINUITY OF EDUCATION.
(7) OTHER HEALTH AND SAFETY PROGRAMS, ITEMS OR SERVICES
NECESSARY TO ADDRESS THE COVID-19 DISASTER EMERGENCY.
(C) TARGETED GRANT APPLICATION PROCESS.--
(1) THE COMMITTEE SHALL DEVELOP AND MAKE AVAILABLE AN
APPLICATION FOR INTERMEDIATE UNITS TO APPLY FOR TARGETED
GRANTS ON BEHALF OF NONPUBLIC SCHOOLS BY JUNE 20, 2020.
(2) THE COMMITTEE SHALL NOTIFY INTERMEDIATE UNITS AND
NONPUBLIC SCHOOLS OF THE AVAILABILITY OF GRANTS UNDER THIS
PROGRAM, INCLUDING THE DEADLINES FOR APPLICATION.
(3) AN INTERMEDIATE UNIT MAY APPLY FOR TARGETED GRANTS
UPON THE REQUEST OF A NONPUBLIC SCHOOL OR COMBINATION OF
NONPUBLIC SCHOOLS LOCATED WITHIN THE INTERMEDIATE UNIT.
(4) THE APPLICATION SHALL INCLUDE THE FOLLOWING
INFORMATION:
(I) CONTACT INFORMATION FOR THE INTERMEDIATE UNIT
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AND THE NONPUBLIC SCHOOL;
(II) THE SPECIFIC PURPOSE FOR WHICH THE TARGETED
GRANT SHALL BE UTILIZED BASED UPON THE CATEGORIES IN
SUBSECTION (B);
(III) CERTIFICATION BY THE APPLICANT THAT THE FUNDS
WILL BE USED FOR THE STATE PURPOSE; AND
(IV) ANY OTHER INFORMATION REQUIRED BY THE
COMMITTEE.
(D) TARGETED GRANT ALLOCATION.--
(1) TARGETED GRANTS SHALL BE ALLOCATED THROUGH A GRANT
REVIEW PROCESS ESTABLISHED BY THE COMMITTEE.
(2) THE TARGETED GRANT AWARDS SHALL BE GEOGRAPHICALLY
DISPERSED.
(3) NO INTERMEDIATE UNIT ON BEHALF OF A NONPUBLIC SCHOOL
SHALL BE AWARDED A TARGETED GRANT THAT EXCEEDS $10,000. FOR
TARGETED GRANT APPLICATIONS MADE BY AN INTERMEDIATE UNIT ON
BEHALF OF A COMBINATION OF NONPUBLIC SCHOOLS, THE TARGETED
GRANT SHALL NOT EXCEED THE VALUE OF THE NUMBER OF SCHOOLS FOR
WHICH THE INTERMEDIATE UNIT IS MAKING THE COMBINED
APPLICATION MULTIPLIED BY $10,000.
(E) DEADLINE FOR APPLICATIONS AND AWARDS.--
(1) INTERMEDIATE UNITS MUST SUBMIT APPLICATIONS ON
BEHALF OF A NONPUBLIC SCHOOL OR COMBINATION OF NONPUBLIC
SCHOOLS NO LATER THAN JULY 8, 2020.
(2) THE COMMITTEE SHALL AWARD TARGETED GRANTS BY AUGUST,
1, 2020.
(F) AUDIT AND MONITORING.--THE COMMITTEE SHALL RANDOMLY
AUDIT AND MONITOR TARGETED GRANT RECIPIENTS TO ENSURE THE
APPROPRIATE USE OF THE TARGETED GRANT MONEY AND COMPLIANCE WITH
PROVISIONS OF THE PROGRAM APPLICABLE TO TARGETED GRANTS.
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(G) LIMITATIONS.--IN CARRYING OUT THE DUTIES OF THIS
SECTION, THE INTERMEDIATE UNIT MAY NOT USE MORE THAN 2% OF THE
MONEY THE INTERMEDIATE UNIT RECEIVES UNDER THIS SECTION FOR
TARGETED GRANT ADMINISTRATION.
(H) 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:
"COVID-19 DISASTER EMERGENCY." THE DISASTER EMERGENCY AS
DESCRIBED IN THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY
THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH
21, 2020), AND ANY RENEWAL OF THE STATE OF DISASTER EMERGENCY.
SECTION 1501.9. MINIMUM NUMBER OF SCHOOL DAYS.--BEGINNING IN
THE 2020-2021 SCHOOL YEAR, THE MINIMUM NUMBER OF SCHOOL DAYS
UNDER SECTION 1501 SHALL APPLY NOTWITHSTANDING ANY ORDER ISSUED
UNDER A DECLARATION OF DISASTER EMERGENCY UNDER 35 PA.C.S. §
7301(C) (RELATING TO GENERAL AUTHORITY OF GOVERNOR).
SECTION 11. SECTIONS 1414, 1422.1, 1522 AND 1534, ARTICLE
XV-B AND SECTIONS 1503-E(10), 1804, 1811 AND 1923 OF THE ACT ARE
REPEALED:
[Section 1414. Care and Treatment of Pupils.--Any school
district or joint school board may provide for the care and
treatment of defective eyes, ears and teeth of all children of
school age within the district.
Section 1422.1. Local Wellness Policy.--(a) Not later than
the first day of the school year beginning after June 30, 2006,
each local education agency shall, pursuant to section 204 of
the Child Nutrition and WIC Reauthorization Act of 2004 (Public
Law 108-265, 118 Stat. 729), establish a local wellness policy
for schools within the local education agency.
(c) A local education agency may submit its local wellness
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policy or information on other initiatives regarding child
health, nutrition, food allergy reaction management and physical
education to the Department of Education for inclusion in the
clearinghouse established under section 1422.3(3).
Section 1522. Foreign Language Academies.--(a) The
Department of Education shall establish a summer foreign
language academy grant program utilizing Federal education funds
and matching grants for students in this Commonwealth. To the
greatest extent possible, the department shall establish
guidelines for the programs which involve the universities and
colleges, local school districts and intermediate units. Those
students who are to participate in the program shall be selected
by the local school districts.
(b) At least one summer foreign language academy shall be in
operation by the summer of 1993.
(c) The department shall prepare an annual report of the
summer foreign language academies program which shall be
submitted to the Governor, the Education Committee of the Senate
and the Education Committee of the House of Representatives.
Section 1534. Monthly Reports to School Directors; Districts
Second, Third and Fourth Class.--In school districts of the
second, third and fourth class every teacher employed in the
public schools shall, at the end of each school month, or within
five days thereafter, make a report for the past month to the
board of school directors. Such reports shall state correctly
the number of days the schools were kept open, and, if closed on
any days, the reason therefor, the number, age, and sex of all
pupils, and the number of days attended by each. Such reports
shall be made on blank forms to be furnished the teachers by the
board of school directors. No teacher shall be paid more than
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one-half of his salary for the current month until such report
is made. Such reports shall be filed with the secretary of the
board, and shall at all times be open to inspection by the
public. Any school principal may make such report for the entire
school.
ARTICLE XV-B.
READ TO SUCCEED PROGRAM.
Section 1501-B. Establishment of Program.--There is hereby
established in the Department of Education the Read to Succeed
Program. The program shall provide competitive grants to school
districts and charter schools to build strong reading skills in
Pennsylvania students. The program shall emphasize students with
the greatest need for intensive reading instruction and school
programs that will enable students to learn to read by the end
of the third grade.
Section 1502-B. Eligibility Requirements.--(a) The
Department of Education shall establish eligibility criteria to
be used to select schools and students in kindergarten through
third grade to participate in the Read to Succeed Program.
(b) The secretary shall establish matching requirements for
grant recipients.
Section 1503-B. Program Requirements.--School districts and
charter schools shall apply for grants as prescribed by the
Department of Education. The application will contain the
following:
(1) Identification of students with the greatest need.
(2) Methods of ongoing assessment.
(3) Reading instruction based on current reading research.
(4) Integration with the reading instruction programs and
activities of the school district.
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(5) Professional development plan.
(6) Opportunities for extended learning time.
(7) Coordination with community-based reading activities,
including family literacy programs.
(8) Staff and program facilities.
(9) A multiyear plan that shows how the school district or
charter school will assume full financial and programmatic
responsibility for the Read to Succeed Program at the conclusion
of the grant period.
(10) The estimated budget for each specific program
activity.
Section 1504-B. Technical Assistance and Monitoring.--The
Department of Education shall provide technical assistance and
establish methods to ensure the quality of the program receiving
a grant, including program monitoring and onsite visitation.
Section 1505-B. Reports.--(a) A school district or charter
school participating in the Read to Succeed Program shall
provide program and fiscal reports as required by the Department
of Education.
(b) Beginning in the year 2000, the department shall submit
a report by December 31 of each year to the majority and
minority chairman of the Education Committee of the Senate and
the majority and minority chairman of the Education Committee of
the House of Representatives.]
Section 1503-E. Department duties and powers.
The department shall:
* * *
[(10) Prepare and submit an annual report to the
Education Committee of the Senate and the Education Committee
of the House of Representatives regarding the administration
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and operation of programs and grants awarded under the grant
program. The report shall include:
(i) A summary of the guidelines and criteria
established by the department and the establishment and
operation of the grant program.
(ii) A listing of the sources of funding sought by
the department for use in the grant program.
(iii) A listing of the number of school districts
that established and implemented programs.
(iv) A description of each school district's program
and the integration into the curriculum.
(v) A description of measures utilized by school
districts to provide parent, professional educator and
community involvement.
Section 1804. Schools or Classes; Supervisors; Principals;
Instructors, etc.--In carrying out the provisions of this act,
the State Board for Vocational Education shall provide for
vocational schools or classes, with the necessary staffs, in
accordance with the State Plan for Vocational Education,
approved by the Federal Board for Vocational Education.
Principals, instructors and lecturers for the Public Service
Institute shall be elected by the State Board for Vocational
Education. They shall possess the qualifications established in
the State Plan for Vocational Education approved by the Federal
Board for Vocational Education.
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 Education shall present to
the Legislature an estimate of the amount of money necessary to
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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 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 1923. Teachers of Evening Schools.--All teachers of
evening schools must have proper certificates as provided in
this act.]
SECTION 12. SECTION 1913-A(B)(1.6) OF THE ACT IS AMENDED BY
ADDING A SUBCLAUSE TO READ:
SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF
PAYMENTS.--* * *
(B) * * *
(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF
THE FOLLOWING:
* * *
(XIII) FOR THE 2020-2021 FISCAL YEAR, EACH COMMUNITY COLLEGE
SHALL RECEIVE AN AMOUNT EQUAL TO THE FOLLOWING:
(A) AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR OPERATING COSTS
RECEIVED IN FISCAL YEAR 2019-2020 UNDER SUBCLAUSE (XII)(A) AND
(C).
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(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND
RECEIVED IN FISCAL YEAR 2019-2020 UNDER SUBCLAUSE (XII)(B).
* * *
SECTION 13. SECTION 1917-A OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1917-A. COMMUNITY COLLEGE CAPITAL FUND.--* * *
(E) PAYMENTS FROM THE FUND MAY ONLY BE MADE TO COMMUNITY
COLLEGES THAT RECEIVED PAYMENT UNDER 1913-A(B)(1.6) IN THE PRIOR
FISCAL YEAR.
SECTION 14. SECTION 1905-G(3) OF THE ACT IS AMENDED TO READ:
SECTION 1905-G. DESIGNATION AND BOARD OF TRUSTEES.
WITHIN 60 DAYS OF THE SECRETARY'S DESIGNATION UNDER SECTION
1904-G(A)(2), A BOARD OF TRUSTEES SHALL BE APPOINTED TO
ESTABLISH A RURAL REGIONAL COLLEGE. THE BOARD OF TRUSTEES SHALL
CONSIST OF NOT FEWER THAN SEVEN MEMBERS NOR MORE THAN 15 MEMBERS
APPOINTED BY THE SECRETARY IN CONSULTATION AND JOINTLY WITH THE
NONPROFIT ORGANIZATION DESIGNATED UNDER SECTION 1904-G(A)(1).
THE FOLLOWING SHALL APPLY TO THE BOARD OF TRUSTEES ESTABLISHED
UNDER THIS SECTION:
* * *
(3) VACANCIES ON THE BOARD SHALL BE FILLED BY THE
EXISTING BOARD. A TRUSTEE MAY SUCCEED HIMSELF[, PROVIDED THAT
NO MEMBER SHALL SERVE FOR LONGER THAN 10 YEARS.]. FOLLOWING
THE EXPIRATION OF THE INITIAL TERMS ASSIGNED UNDER PARAGRAPH
(2), NO MEMBER SHALL SERVE FOR MORE THAN AN ADDITIONAL THREE
CONSECUTIVE TERMS.
* * *
SECTION 15. SECTION 2002-C(B) OF THE ACT IS REPEALED:
[Section 2002-C. Duties of public institutions of higher
education.
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* * *
[(b) Reporting requirements.--A public institution of higher
education shall submit to the department a series of interim
reports outlining the actions that the public institution of
higher education has undertaken or intends to undertake to
comply with subsection (a), which shall be filed December 31,
2006, June 30, 2007, and December 31, 2007.]
* * *
[ARTICLE XXII-A.
MEDICAL EDUCATION LOAN ASSISTANCE.
(a) General Provisions.
Section 2201-A. Scope.
This article deals with medical education loan assistance.
Section 2202-A. Purpose.
The purpose of this article is to provide an incentive to
Pennsylvania students to pursue higher education and training in
medicine, professional nursing, biomedicine and the life
sciences in order to maintain the delivery of quality health
care services in this Commonwealth.
Section 2203-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accredited medical college." An institution of higher
education located in this Commonwealth that is accredited by the
Liaison Committee on Medical Education to provide courses in
medicine and empowered to grant professional and academic
degrees in medicine as defined in the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985.
"Agency." The Pennsylvania Higher Education Assistance
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Agency.
"Approved institution of higher learning." An institution of
higher learning located in this Commonwealth and approved by the
agency.
"Approved nursing program." An institution located in this
Commonwealth and accredited to grant professional and academic
degrees or diplomas in nursing as defined in the act of May 22,
1951 (P.L.317, No.69), known as The Professional Nursing Law.
"Degree in medicine." A degree from an accredited medical
college that qualifies the degree recipient to be licensed as a
physician.
"Designated area." Any of the following:
(1) A geographic area of this Commonwealth that is
designated by the Secretary of Health as having a shortage of
physicians.
(2) A geographic area of this Commonwealth designated by
the United States Department of Health and Human Services as
a medically underserved area or designated to have a
medically underserved population.
"Eligible applicant." An individual who holds an
undergraduate degree from an institution of higher learning and
is enrolled in:
(1) an accredited medical college; or
(2) an approved institution of higher learning for
purposes of obtaining a graduate degree in biomedicine or
life sciences.
"Guarantor." An insurance company or not-for-profit
guarantor whose primary purpose is to provide default coverage
and loss prevention services to an offeror of unsecured student
loans.
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"Licensed health care facility." A health care facility that
is enrolled in the Commonwealth's medical assistance program and
is licensed under Article X of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, or the act of July 19,
1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Nursing school applicant." An individual who is a resident
of this Commonwealth and is enrolled in an approved nursing
program.
"Offeror." An institution that makes unsecured loans to
eligible students in cooperation with the agency.
"Physician." An individual licensed to practice medicine and
surgery within the scope of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985.
"Registered nurse." An individual licensed to practice
professional nursing under the act of May 22, 1951 (P.L.317,
No.69), known as The Professional Nursing Law.
"Work requirement for nurses." Postgraduate, full-time
employment in direct patient care with a licensed health care
facility located in this Commonwealth in an occupation related
to an approved course of study. The term does not include a paid
student internship, a paid fellowship, volunteer service or
employment before graduation.
(b) Program.
Section 2211-A. Pennsylvania Medical Education Loan Assistance
Program.
The agency shall establish and administer the Pennsylvania
Medical Education Loan Assistance Program as set forth in
sections 2212-A and 2213-A to provide financial assistance to
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individuals who acquire the required degree or diploma in
medicine, professional nursing, biomedicine or life sciences and
to recruit these individuals to practice their professions in
Pennsylvania.
Section 2212-A. Loan guarantor program.
(a) Establishment of program.--The agency shall administer a
loan guarantor program on a Statewide basis. The agency shall
utilize funds in the Medical School Loan Account to encourage
eligible applicants to attend an accredited medical college or
an approved institution of higher learning.
(b) Loan Guarantor Program.--The Loan Guarantor Program
shall provide for the following:
(1) Life of loan servicing.
(2) Contracting for insurance with a guarantor, approved
by the agency, which offers a low-cost loan with competitive
interest rates and loan fees to eligible applicants.
(3) Predetermining the eligibility of applicants who
receive a loan from an offeror to attend an accredited
medical school or an approved institution of higher learning
that is insured by a guarantor.
(4) Evaluating the benefit package of a guarantor for
adequacy, accessibility and availability of funds necessary
to provide adequate loss prevention.
(c) Low-cost loans.--An eligible applicant shall apply to an
offeror for a low-cost loan to attend an accredited medical
college or an approved institution of higher learning. A low-
cost loan made under this subsection shall be guaranteed by an
approved guarantor through a contract with the agency. Low-cost
loans made under this subsection shall provide reduced interest
rates and loan fees to eligible applicants compared to loans
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made for the same purpose that are not guaranteed by this
article.
(d) Loan requirements.--Loans provided under this section
shall cover up to 100% of the actual cost of tuition, room and
board at an accredited medical college or an approved
institution of higher learning and the actual cost of course-
required textbooks and supplies for the recipient.
(e) Default.--If a recipient fails to repay a loan received
under this section, the agency shall collect the loan pursuant
to one of the following:
(1) Section 4.3 of the act of August 7, 1963 (P.L.549,
No.290), referred to as the Pennsylvania Higher Education
Assistance Agency Act.
(2) A process established by the applicable guarantors.
(3) Any other collection procedure or process deemed
appropriate by the agency.
(f) Medical Education Loan Loss Account.--An account is
hereby established within the agency to receive funds
appropriated for purposes of this section. Moneys in the account
are hereby appropriated to the agency to provide the loan
guarantor program. When funds in the account are expended, no
additional loans shall be offered.
(g) Interest rate reduction.--The agency or an offeror may
modify loans under this section to further reduce interest rates
as follows:
(1) The agency or the offeror may reduce the interest
rate of the loan by not less than 1% if the loan recipient,
upon completion of a graduate degree in biomedicine or life
sciences or upon licensure as a physician, agrees to practice
medicine or be employed to conduct research on a full-time
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basis in Pennsylvania for a period of three consecutive
years.
(2) The agency or the offeror may reduce the interest
rate of the loan by not less than 2% if the loan recipient,
upon licensure as a physician, agrees to practice medicine
for not less than three consecutive years in a designated
area.
(h) Contract.--In addition to the requirements of subsection
(g), in order to be eligible for an interest rate reduction, a
loan recipient shall enter into a contract with the agency or an
offeror or its assigns at the time the loan is made. The
contract shall include the following:
(1) The loan recipient practicing in a designated area
shall agree to treat patients eligible for medical assistance
and Medicare.
(2) The loan recipient shall permit the agency or the
offeror to monitor the recipient's practice or employment to
determine compliance with the terms of the contract and this
article.
(3) The agency shall certify compliance with the terms
of the contract.
(4) Upon the loan recipient's death or total or
permanent disability, the agency or the offeror shall nullify
the service obligation of the recipient.
(5) If the loan recipient is convicted of or pleads
guilty or no contest to a felony or if the licensing board
has determined that the recipient has committed an act of
gross negligence in the performance of service obligations or
has suspended or revoked the license to practice, the agency
or the offeror shall terminate the loan recipient's
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participation in the program and seek repayment of the amount
of the loan on the date of the conviction, determination,
suspension or revocation.
(6) A loan recipient who fails to comply with a contract
shall pay to the agency or the offeror the amount of loan
received under the original contract as of the time of
default. Providing false information or misrepresentation on
an application or verification of service shall constitute
default.
(i) Accountability.--In July 2004, the agency shall conduct
a performance review of the program and services provided. The
performance review shall include the following:
(1) The goals and objectives of the program.
(2) A determination of whether the goals and objectives
were achieved by the agency-participating guarantor and
offeror.
(3) The specific methodology used to evaluate the
results.
(4) Recommendations for improvement.
Section 2213-A. Loan forgiveness program.
(a) Establishment of program.--The agency shall administer a
loan forgiveness program for nursing school applicants on a
Statewide basis. The agency may provide loan forgiveness as
provided in subsection (b) for recipients of loans who by
contract with the agency agree to practice professional nursing
in this Commonwealth upon attainment of the required license.
(b) Loan forgiveness.--Agency-administered, federally
insured student loans for higher education provided to a nursing
school applicant may be forgiven by the agency as follows:
(1) The agency may forgive 50% of the loan, not to
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exceed $50,000, if a loan recipient enters into a contract
with the agency that requires the recipient upon successful
completion of an approved nursing program and licensure as a
registered nurse to practice nursing in this Commonwealth for
a period of not less than three consecutive years.
(2) Loan forgiveness awards made pursuant to paragraph
(1) shall be forgiven over a period of three years at an
annual rate of 33 1/3% of the award and shall be made from
funds appropriated for this purpose.
(3) The contract entered into with the agency pursuant
to paragraph (1) shall be considered a contract with the
Commonwealth and shall include the following terms:
(i) An unlicensed recipient shall apply for a
registered nurse's license to practice in this
Commonwealth at the earliest practicable opportunity upon
successfully completing a degree in nursing.
(ii) Within six months after licensure, a recipient
shall engage in the practice of nursing in this
Commonwealth according to the terms of the loan
forgiveness award.
(iii) The recipient shall agree to practice in a
licensed health care facility in the provision of direct
patient care on a full-time basis.
(iv) The recipient shall permit the agency to
determine compliance with the work requirement for nurses
and all other terms of the contract.
(v) Upon the recipient's death or total or permanent
disability, the agency shall nullify the service
obligation of the recipient.
(vi) If the recipient is convicted of or pleads
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guilty or no contest to a felony or if the licensing
board has determined that the recipient has committed an
act of gross negligence in the performance of service
obligations or has suspended or revoked the license to
practice, the agency shall have the authority to
terminate the recipient's service in the program and
demand repayment of the amount of the loan as of the date
of the conviction, determination, suspension or
revocation.
(vii) Loan recipients who fail to begin or complete
the obligations contracted for shall pay to the agency
the amount of the loan received under the terms of the
contract pursuant to this section. Providing false
information or misrepresentation on an application or
verification of service shall be deemed a default.
Determination as to the time of default shall be made by
the agency.
(4) Notwithstanding 42 Pa.C.S. § 8127 (relating to
personal earnings exempt from process), the agency may seek
garnishment of wages in order to collect the amount of the
loan following default under paragraph (3)(vii).
Section 2214-A. Tax applicability.
Loan forgiveness repayments received by a student shall not
be considered taxable income for purposes of Article III of the
act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
of 1971.
(c) Miscellaneous Provisions.
Section 2231-A. Annual report.