Regular Session 2019-2020 House Bill 1210 P.N. 3867

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.

(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.

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

20190HB1210PN3867 - 17 -

<--

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):

20190HB1210PN3867 - 18 -

(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

20190HB1210PN3867 - 19 -

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.

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

20190HB1210PN3867 - 20 -

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:

20190HB1210PN3867 - 21 -

(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.

(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

20190HB1210PN3867 - 22 -

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.

20190HB1210PN3867 - 23 -

(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.

20190HB1210PN3867 - 24 -

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.

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

20190HB1210PN3867 - 25 -

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.

20190HB1210PN3867 - 26 -

(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

20190HB1210PN3867 - 27 -

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

20190HB1210PN3867 - 28 -

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).

20190HB1210PN3867 - 29 -

<--

(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.

20190HB1210PN3867 - 30 -

* * *

[(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

20190HB1210PN3867 - 31 -

<--

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.

20190HB1210PN3867 - 32 -

"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

20190HB1210PN3867 - 33 -

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.

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

20190HB1210PN3867 - 34 -

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

20190HB1210PN3867 - 35 -

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

20190HB1210PN3867 - 36 -

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

20190HB1210PN3867 - 37 -

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

20190HB1210PN3867 - 38 -

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.

Section 2231-A. Annual report.

(a) Development of report.--The agency shall publish a

report by September 1, 2002, and every year thereafter for the

20190HB1210PN3867 - 39 -

immediately preceding fiscal year. The report shall include

information regarding the operation of the programs established

under this article, including:

(1) The number and amount of loan guarantees and loan

contracts executed and renewed for eligible applicants in

medicine, biomedicine or life sciences and the nursing loan

forgiveness program.

(2) The number and amount of nursing loan forgiveness

contracts executed and renewed for nursing school applicants.

(3) The number of defaulted nursing loan forgiveness

contracts, reported by cause.

(4) The number of nurses participating in the nursing

loan forgiveness program, reported by type of institution

attended, including four-year educational institutions,

community colleges, independent two-year colleges, private

licensed schools, hospital-based courses of study and

certificate programs.

(5) The number and type of enforcement actions taken by

the agency.

(b) Submission.--The annual report shall be submitted to the

Governor, the chair and minority chair of the Appropriations

Committee of the Senate, the chair and minority chair of the

Appropriations Committee of the House of Representatives, the

chair and minority chair of the Education Committee of the

Senate, the chair and minority chair of the Education Committee

of the House of Representatives, the chair and minority chair of

the Public Health and Welfare Committee of the Senate and the

chair and minority chair of the Health and Human Services

Committee of the House of Representatives.

Section 2232-A. Appeals.

20190HB1210PN3867 - 40 -

The provisions of this article shall be subject to 22 Pa.

Code Ch. 121 (relating to student financial aid).

Section 2233-A. Regulations.

The agency shall adopt regulations and procedures necessary

to carry out the purposes of this article.

Section 2234-A. Funding.

Loan guarantor program payments and loan forgiveness

repayments shall be made only to the extent that funds are

appropriated for that purpose and are sufficient to cover

administration of the programs. The receipt of a loan under this

article shall not constitute an entitlement derived from the

Commonwealth or a claim on any funds of the Commonwealth.

SECTION 16. SECTION 2001-I(I)(13) OF THE ACT, AMENDED

NOVEMBER 27, 2019 (P.L.662, NO.91), IS AMENDED TO READ:

SECTION 2001-I. PUBLIC HIGHER EDUCATION FUNDING COMMISSION.

* * *

(I) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE

ALL OF THE FOLLOWING POWERS AND DUTIES:

* * *

(13) ISSUE A REPORT OF THE COMMISSION'S FINDINGS AND

RECOMMENDATIONS TO THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF

THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE

MAJORITY LEADER AND MINORITY LEADER OF THE SENATE, THE

MAJORITY LEADER AND MINORITY LEADER OF THE HOUSE OF

REPRESENTATIVES, THE SECRETARY OF EDUCATION, THE STATE BOARD

OF EDUCATION, THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE

EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE

OF THE HOUSE OF REPRESENTATIVES NOT LATER THAN NOVEMBER 30,

[2020] 2021.

20190HB1210PN3867 - 41 -

<--

* * *

SECTION 17. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 2324. STATE AID FOR FISCAL YEAR 2020-2021.--

NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH

LIBRARY SUBJECT TO 24 PA.C.S. CH. 93 (RELATING TO PUBLIC LIBRARY

CODE), SHALL BE ELIGIBLE FOR STATE AID FOR FISCAL YEAR 2020-

2021, AS FOLLOWS:

(1) FUNDS APPROPRIATED FOR LIBRARIES SHALL BE DISTRIBUTED TO

EACH LIBRARY UNDER THE FOLLOWING FORMULA:

(I) DIVIDE THE AMOUNT OF FUNDING THAT THE LIBRARY RECEIVED

IN FISCAL YEAR 2019-2020 UNDER SECTION 2323 BY THE TOTAL STATE-

AID SUBSIDY FOR FISCAL YEAR 2019-2020.

(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY THE

TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2020-2021.

(2) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR STATE

AID TO LIBRARIES UNDER PARAGRAPH (1), ANY REMAINING FUNDS MAY BE

DISTRIBUTED AT THE DISCRETION OF THE STATE LIBRARIAN.

(3) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN

FISCAL YEAR 2020-2021 ARE LESS THAN FUNDS APPROPRIATED IN FISCAL

YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE STANDARDS AS

PRESCRIBED IN 24 PA.C.S. CH. 93.

(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS

SECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID IN A

MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE LIBRARY

SYSTEM.

(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A LIBRARY

OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO THE

DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY MUTUAL

AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.

(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER

20190HB1210PN3867 - 42 -

POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A

RESULT OF:

(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT OR

COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR

(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO A

COUNTY LIBRARY SYSTEM;

FUNDING OF DISTRICT LIBRARY CENTER AID SHALL BE PAID BASED ON

THE POPULATION OF THE NEWLY ESTABLISHED OR RECONFIGURED DISTRICT

LIBRARY CENTER.

(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM ONE

LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT OF THE

AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY SHARE OF

AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.

SECTION 18. SECTION 2502.53(B) INTRODUCTORY PARAGRAPH OF THE

ACT, AMENDED JUNE 28, 2019 (P.L.117, NO.16), IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 2502.53. STUDENT-WEIGHTED BASIC EDUCATION FUNDING.--

* * *

(B) FOR THE 2015-2016 SCHOOL YEAR AND EACH SCHOOL YEAR

THEREAFTER, EXCEPT THE 2019-2020 SCHOOL YEAR WHICH SHALL BE

GOVERNED BY SUBSECTION (B.1), THE COMMONWEALTH SHALL PAY TO EACH

SCHOOL DISTRICT A BASIC EDUCATION FUNDING ALLOCATION WHICH SHALL

CONSIST OF THE FOLLOWING:

* * *

(B.1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT TO THE

CONTRARY, FOR THE 2019-2020 SCHOOL YEAR, THE COMMONWEALTH SHALL

PAY EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING ALLOCATION

EQUAL TO THE AMOUNT IT RECEIVED FOR THE 2018-2019 SCHOOL YEAR

UNDER THIS SECTION.

* * *

20190HB1210PN3867 - 43 -

SECTION 19. SECTION 2509.1(C.2)(1) OF THE ACT, AMENDED JUNE

28, 2019 (P.L.117, NO.16), IS AMENDED TO READ:

SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *

(C.2) THE FOLLOWING APPLY:

(1) FOR THE 2016-2017, 2017-2018, 2018-2019 [AND], 2019-2020

AND 2020-2021 SCHOOL YEARS, FIVE AND FIVE-TENTHS PERCENT (5.5%)

OF THE STATE SPECIAL EDUCATION APPROPRIATION SHALL BE PAID TO

INTERMEDIATE UNITS ON ACCOUNT OF SPECIAL EDUCATION SERVICES.

* * *

SECTION 20. SECTION 2509.5(BBB)(1) INTRODUCTORY PARAGRAPH OF

THE ACT IS AMENDED AND THE SECTION IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL

DISTRICTS.--* * *

(BBB) (1) DURING THE 2016-2017 SCHOOL YEAR AND EACH SCHOOL

YEAR THEREAFTER, EXCEPT THE 2020-2021 SCHOOL YEAR WHICH SHALL BE

GOVERNED BY SUBSECTION (CCC), EACH SCHOOL DISTRICT SHALL RECEIVE

AN AMOUNT EQUAL TO THE AMOUNT IT RECEIVED FOR THE 2013-2014

SCHOOL YEAR UNDER SUBSECTION (AAA) AND A STUDENT-BASED

ALLOCATION. THE TOTAL AMOUNT AVAILABLE TO DISTRIBUTE TO SCHOOL

DISTRICTS THROUGH THE STUDENT-BASED ALLOCATION SHALL EQUAL THE

DIFFERENCE BETWEEN THE AMOUNT ALLOCATED FOR SPECIAL EDUCATION

PAYMENTS FOR SCHOOL DISTRICTS AND THE SUM OF THE AMOUNTS

RECEIVED UNDER SUBSECTION (AAA) FOR THE 2013-2014 SCHOOL YEAR TO

ALL SCHOOL DISTRICTS. THE STUDENT-BASED ALLOCATION FOR EACH

SCHOOL DISTRICT SHALL BE CALCULATED AS FOLLOWS:

* * *

(CCC) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, DURING

THE 2020-2021 SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL BE PAID

THE AMOUNT IT RECEIVED DURING THE 2019-2020 SCHOOL YEAR UNDER

20190HB1210PN3867 - 44 -

SUBSECTION (BBB).

SECTION 21. SECTION 2510.3(A)(2) OF THE ACT, AMENDED JUNE

28, 2019 (P.L.117, NO.16), IS AMENDED TO READ:

SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO

BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL

WATCH STATUS.--(A) THE FOLLOWING APPLY:

* * *

(2) FOR THE 2017-2018, 2018-2019 [AND], 2019-2020 AND 2020-

2021 FISCAL YEARS, THE DEPARTMENT OF EDUCATION MAY UTILIZE UP TO

SEVEN MILLION DOLLARS ($7,000,000) OF UNDISTRIBUTED FUNDS NOT

EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR

GRANTS, SUBSIDIES AND ASSESSMENTS MADE TO THE DEPARTMENT OF

EDUCATION TO ASSIST SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL

RECOVERY STATUS UNDER SECTION 621-A, IDENTIFIED FOR FINANCIAL

WATCH STATUS UNDER SECTION 611-A OR IDENTIFIED FOR FINANCIAL

WATCH STATUS UNDER SECTION 694-A; EXCEPT THAT THE FUNDS MUST BE

FIRST UTILIZED TO ACCOMPLISH THE PROVISIONS CONTAINED IN SECTION

695-A. THE FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF THE

BUDGET TO A RESTRICTED ACCOUNT AS NECESSARY TO MAKE PAYMENTS

UNDER THIS SECTION AND, WHEN TRANSFERRED, ARE HEREBY

APPROPRIATED TO CARRY OUT THE PROVISIONS OF THIS SECTION.

* * *

SECTION 22. SECTION 2541 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 2541. PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION.--

* * *

(G) BEGINNING WITH THE 2020-2021 FISCAL YEAR, THE SECRETARY

OF EDUCATION SHALL REPORT ON A QUARTERLY BASIS IN PERSON TO THE

SECRETARY OF THE BUDGET, THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND

20190HB1210PN3867 - 45 -

THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS

COMMITTEE OF THE HOUSE OF REPRESENTATIVES INFORMATION

DOCUMENTING ALL PAYMENTS FROM THE APPROPRIATION FOR PUPIL

TRANSPORTATION DURING THE FISCAL YEAR AND A REVISED ESTIMATE OF

THE FUNDS NEEDED TO MAKE THE REQUIRED PAYMENTS FOR THE REMAINDER

OF THE FISCAL YEAR.

SECTION 23. SECTION 2596 OF THE ACT IS REPEALED:

[Section 2596. Special Study on the Revenue Impact of Out-

of-State Tax Credits.--(a) The Department of Education shall

undertake a special study to assess the revenue impact on

Pennsylvania school districts of residents who work in bordering

states. Particular emphasis shall be placed on districts meeting

the following criteria:

(1) Districts that levy a local earned income tax under the

act of December 31, 1965 (P.L.1257, No.511), known as "The Local

Tax Enabling Act"; and

(2) Districts that include as resident taxpayers individuals

who are subject to state and/or local income taxes at their out-

of-State place of employment and who, therefore, claim tax

credits in Pennsylvania as a result of these levies.

(b) The assessment shall include:

(1) Identification of all districts which meet the above

criteria.

(2) Compilation of data indicating, on a per district basis,

the number of resident taxpayers claiming a tax credit for out-

of-State payments.

(3) Analysis of the individual taxpayer data in order to

assess the effect on the local and State revenues for each

affected school district.

20190HB1210PN3867 - 46 -

summarizing the results of this study to the Chairman and the

Minority Chairman of the House Education Committee and the

Chairman and the Minority Chairman of the Senate Education

Committee no later than April 1, 1989.]

Section 2. This act shall take effect in 60 days.

SECTION 24. SECTION 2599.7(C) OF THE ACT, AMENDED JUNE 28,

2019 (P.L.117, NO.16), IS AMENDED AND THE SECTION IS AMENDED BY

ADDING SUBSECTIONS TO READ:

SECTION 2599.7. PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC

SCHOOL EMPLOYES' SOCIAL SECURITY.--* * *

INSUFFICIENT FUNDS ARE AVAILABLE FOR PAYMENT OF THE AMOUNTS

CALCULATED UNDER 24 PA.C.S. § 8329 FOR SCHOOL DISTRICTS, THE

DEPARTMENT OF EDUCATION SHALL NOTIFY THE GOVERNOR, THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS

COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF

REPRESENTATIVES OF THE AMOUNT OF THE INSUFFICIENCY. AN AMOUNT

EQUAL TO THE INSUFFICIENCY MAY ONLY BE PAID TO SCHOOL DISTRICTS

FROM A SUPPLEMENTAL APPROPRIATION IN THE GENERAL APPROPRIATIONS

ACT [FOR THE SUBSEQUENT FISCAL YEAR].

* * *

(F) BEGINNING WITH THE 2020-2021 FISCAL YEAR, THE SECRETARY

OF EDUCATION SHALL REPORT ON A QUARTERLY BASIS IN PERSON TO THE

SECRETARY OF THE BUDGET, THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND

THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS

COMMITTEE OF THE HOUSE OF REPRESENTATIVES INFORMATION

DOCUMENTING ALL WAGES FOR WHICH PAYMENTS ARE CALCULATED UNDER 24

PA.C.S. § 8329 (RELATING TO PAYMENTS ON ACCOUNT OF SOCIAL

20190HB1210PN3867 - 47 -

<--

SECURITY DEDUCTIONS FROM APPROPRIATIONS) FOR THE FISCAL YEAR,

THE REQUIRED PAYMENT AMOUNTS DURING THE FISCAL YEAR AND A

REVISED ESTIMATE OF THE FUNDS NEEDED TO MAKE THE REQUIRED

PAYMENTS FOR THE REMAINDER OF THE FISCAL YEAR.

(G) THE DEPARTMENT SHALL ENSURE PAYMENTS MADE UNDER 24

PA.C.S. § 8329 FROM THE APPROPRIATION FOR BASIC EDUCATION

FUNDING ARE REPORTED SEPARATELY IN THE COMMONWEALTH'S ACCOUNTING

SYSTEM.

SECTION 25. SECTION 2608-J OF THE ACT, ADDED JULY 2, 2019

(P.L.417, NO.70), IS AMENDED TO READ:

SECTION 2608-J. APPLICABILITY.

THIS ARTICLE SHALL APPLY TO PROJECTS FOR WHICH APPROVAL AND

REIMBURSEMENT IS SOUGHT [AFTER THE EFFECTIVE DATE OF THIS

SECTION.] AND TO THE MAINTENANCE PROJECT GRANT PROGRAM BEGINNING

JULY 1, 2021.

SECTION 26. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE AMENDMENT OF SECTION 689 OF THE ACT SHALL TAKE

EFFECT IN 30 DAYS.

(2) THE REPEAL OF 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 AND 1534, ARTICLE XV-B AND SECTIONS 1503-E(10),

1804, 1811, 1923, 2002-C(B) AND 2596 OF THE ACT SHALL TAKE

EFFECT IN 60 DAYS.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

20190HB1210PN3867 - 48 -