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SENATE AMENDED
PRIOR PRINTER'S NO. 2084
PRINTER'S NO. 2268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1615
Session of
2019
INTRODUCED BY TURZAI, JUNE 11, 2019
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 26, 2019
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 educational tax credits, further
providing for definitions.
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; IN SCHOOL
DISTRICTS, PROVIDING FOR FULL ACADEMIC YEAR REQUIREMENTS; IN
SCHOOL FINANCES, FURTHER PROVIDING FOR ANNUAL BUDGET,
ADDITIONAL OR INCREASED APPROPRIATIONS AND TRANSFER OF FUNDS;
IN GROUNDS AND BUILDINGS, FURTHER PROVIDING FOR LIMITATION ON
NEW APPLICATIONS FOR DEPARTMENT OF EDUCATION APPROVAL OF
PUBLIC SCHOOL BUILDING PROJECTS; IN DISTRICT SUPERINTENDENTS
AND ASSISTANT DISTRICT SUPERINTENDENTS, FURTHER PROVIDING FOR
ELIGIBILITY; IN PUPILS AND ATTENDANCE, FURTHER PROVIDING FOR
DEFINITIONS AND FOR NONPROFIT SCHOOL FOOD PROGRAM; IN DRUG
AND ALCOHOL RECOVERY HIGH SCHOOL PILOT PROGRAM, FURTHER
PROVIDING FOR AUDIT REQUIRED; ESTABLISHING THE INNOVATION
SCHOOLS PROGRAM; IN COMMUNITY COLLEGES, FURTHER PROVIDING FOR
FINANCIAL PROGRAM AND REIMBURSEMENT OF PAYMENTS; IN
EDUCATIONAL TAX CREDITS, FURTHER PROVIDING FOR DEFINITIONS,
FOR QUALIFICATION AND APPLICATION BY ORGANIZATIONS, FOR
APPLICATION BY BUSINESS FIRMS, FOR TAX CREDITS, FOR
LIMITATIONS AND FOR OPPORTUNITY SCHOLARSHIPS; ADDING
PROVISIONS RELATING TO POSTSECONDARY INSTITUTION SEXUAL
HARASSMENT AND SEXUAL VIOLENCE POLICY AND ONLINE REPORTING
SYSTEM; IN SCHOOL DISTRICTS OF THE FIRST CLASS, FURTHER
PROVIDING FOR BOARD OF PUBLIC EDUCATION AND ADDITIONAL
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DUTIES; IN READY-TO-SUCCEED SCHOLARSHIP, FURTHER PROVIDING
FOR AGENCY DUTIES RELATING TO ELIGIBILITY CRITERIA; IN
FUNDING FOR PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR
FISCAL YEAR 2019-2020; IN REIMBURSEMENTS BY COMMONWEALTH AND
BETWEEN SCHOOL DISTRICTS, FURTHER PROVIDING FOR PAYMENTS ON
ACCOUNT OF PUPILS ENROLLED IN VOCATIONAL CURRICULUMS, FOR
STUDENT-WEIGHTED BASIC EDUCATION FUNDING, FOR PAYMENTS TO
INTERMEDIATE UNITS, FOR ASSISTANCE TO SCHOOL DISTRICTS
DECLARED TO BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR
FINANCIAL WATCH STATUS, FOR READY-TO-LEARN BLOCK GRANT AND
FOR PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC SCHOOL
EMPLOYEES' SOCIAL SECURITY AND PROVIDING FOR ADVANCED
PLACEMENT AND INTERNATIONAL BACCALAUREATE EXAM FEES;
PROVIDING FOR FOSTERING INDEPENDENCE THROUGH EDUCATION; AND
PROVIDING FOR REFERENCES TO "AREA VOCATIONAL-TECHNICAL
SCHOOL" AND "VOCATIONAL CURRICULUMS" IN STATUTE OR
REGULATION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "pass-through entity" in
section 2002-B of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, is amended and the
section is amended by adding a definition to read:
Section 2002-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Pass-through entity." A partnership as defined in section
301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the
Tax Reform Code of 1971, a single-member limited liability
company treated as a disregarded entity for Federal income tax
purposes or a Pennsylvania S corporation as defined in section
301(n.1) of the Tax Reform Code of 1971. The term includes a
pass-through entity that owns an interest in a pass-through
entity. The term also includes a qualified Subchapter S trust.
* * *
"Qualified Subchapter S trust." As defined in section
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1361(d)(3) of the Internal Revenue Code of 1986.
* * *
Section 2. The amendment of section 2002-B of the act shall
apply retroactively to January 1, 2015.
Section 3. This act shall take effect immediately.
SECTION 1. SECTION 122(K) OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
AMENDED TO READ:
SECTION 122. SPECIAL EDUCATION FUNDING COMMISSION.--* * *
(K) (1) EVERY FIVE (5) YEARS THE COMMISSION SHALL BE
RECONSTITUTED IN ACCORDANCE WITH SUBSECTION (C) AND SHALL MEET
AND HOLD PUBLIC HEARINGS TO REVIEW THE OPERATION OF THE SPECIAL
EDUCATION FUNDING PROVISIONS OF THIS SECTION, SHALL MAKE A
FURTHER REPORT AND SHALL ISSUE THE REPORT TO THE RECIPIENTS
LISTED IN SUBSECTION (I)(5). WHEN IN RECEIPT OF A FURTHER REPORT
RECOMMENDING CHANGES TO THE SPECIAL EDUCATION FUNDING FORMULA,
THE GENERAL ASSEMBLY SHALL CONSIDER AND TAKE ACTION TO ENACT THE
FORMULA INTO LAW IN ACCORDANCE WITH SUBSECTION (J).
(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.
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 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 221.3. FULL ACADEMIC YEAR REQUIREMENT.--(A) IF A
STUDENT IS ENROLLED IN A SCHOOL ON OR BEFORE OCTOBER 1 AND IS
CONTINUOUSLY ENROLLED IN THE SCHOOL UNTIL THE LAST DAY OF THE
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APPLICABLE PENNSYLVANIA SYSTEM OF SCHOOL ACCOUNTABILITY TESTING
WINDOW, AND THE STUDENT HAS BEEN ABSENT FOR AT LEAST TWENTY
PERCENT (20%) OF THE SCHOOL DAYS DURING THAT SAME TIME PERIOD,
THE STUDENT SHALL BE DEEMED AS NOT MEETING THE FULL ACADEMIC
YEAR REQUIREMENT FOR THE SCHOOL AND THE STUDENT'S SCORE MAY NOT
BE INCLUDED INTO THE SCHOOL ACCOUNTABILITY PERFORMANCE
CALCULATION.
(B) THIS SECTION SHALL ONLY BE EFFECTIVE IF IN COMPLIANCE
WITH FEDERAL LAW.
(C) AS USED IN THIS SECTION, THE TERM "FULL ACADEMIC YEAR"
SHALL MEAN THAT THE STUDENT IS ENROLLED IN THE SCHOOL ON OR
BEFORE OCTOBER 1 AND CONTINUOUSLY ENROLLED IN THE SCHOOL UNTIL
AND INCLUDING THE LAST DAY OF THE APPLICABLE TESTING WINDOW.
SECTION 3. SECTION 687(B) AND (H) OF THE ACT ARE AMENDED TO
READ:
SECTION 687. ANNUAL BUDGET; ADDITIONAL OR INCREASED
APPROPRIATIONS; TRANSFER OF FUNDS.--* * *
(B) THE BOARD OF SCHOOL DIRECTORS, AFTER MAKING SUCH
REVISIONS AND CHANGES THEREIN AS APPEAR ADVISABLE, SHALL ADOPT
THE BUDGET AND THE NECESSARY APPROPRIATION MEASURES REQUIRED TO
PUT IT INTO EFFECT. THE TOTAL AMOUNT OF SUCH BUDGET SHALL NOT
EXCEED THE AMOUNT OF FUNDS, INCLUDING THE PROPOSED ANNUAL TAX
LEVY AND STATE APPROPRIATION, AVAILABLE FOR SCHOOL PURPOSES IN
THAT DISTRICT. WITHIN FIFTEEN (15) DAYS AFTER THE ADOPTION OF
THE BUDGET, THE BOARD OF SCHOOL DIRECTORS SHALL [FILE A COPY OF
THE SAME IN THE OFFICE OF THE DEPARTMENT OF PUBLIC INSTRUCTION.]
SUBMIT AN ELECTRONIC COPY OF THE BUDGET TO THE DEPARTMENT OF
EDUCATION FOR PUBLICATION ON THE DEPARTMENT OF EDUCATION'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE NO LATER THAN THIRTY (30)
DAYS AFTER THE RECEIPT OF THE BUDGET.
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* * *
(H) BEGINNING WITH THE ADJUSTED FINAL FISCAL YEAR 1991-1992
BUDGET, AND EACH FISCAL YEAR THEREAFTER, ON OR BEFORE SEPTEMBER
15, EACH SCHOOL DISTRICT SHALL FURNISH TO THE [EDUCATION
COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF THE HOUSE
OF REPRESENTATIVES] DEPARTMENT OF EDUCATION AN ELECTRONIC COPY
OF THE SCHOOL DISTRICT'S FINAL ADOPTED ANNUAL BUDGET TO INCLUDE
THE AMOUNT OF DISTRICT REVENUES BEING HELD IN EXCESS OF ITS
TOTAL BUDGETED EXPENDITURES. SUCH DOCUMENTATION SHALL INCLUDE AN
EXPLANATION OF THE DISTRICT'S NEED TO MAINTAIN THE REVENUES IN
THIS FUND BALANCE. THE DEPARTMENT OF EDUCATION SHALL PUBLISH THE
INFORMATION RECEIVED UNDER THIS SECTION ON THE DEPARTMENT OF
EDUCATION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE NO LATER THAN
THIRTY (30) DAYS AFTER THE RECEIPT OF THE INFORMATION.
* * *
SECTION 4. SECTION 732.1(A) OF THE ACT, AMENDED JUNE 22,
2018 (P.L.241, NO.39), 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 [AND], 2018-2019 FISCAL YEAR AND 2019-2020 FISCAL
YEAR, THE DEPARTMENT OF EDUCATION SHALL NOT ACCEPT OR APPROVE
NEW SCHOOL BUILDING CONSTRUCTION OR RECONSTRUCTION PROJECT
APPLICATIONS.
* * *
SECTION 5. SECTION 1003(A) INTRODUCTORY PARAGRAPH, (B.2) AND
(C) OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
A SUBSECTION TO READ:
SECTION 1003. ELIGIBILITY.--(A) EXCEPT AS OTHERWISE
PROVIDED IN SUBSECTIONS (A.1), (B) AND (B.1), NO PERSON SHALL
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RECEIVE A LETTER OF ELIGIBILITY OR BE ELECTED OR APPOINTED AS A
DISTRICT SUPERINTENDENT OR ASSISTANT DISTRICT SUPERINTENDENT,
UNLESS--
* * *
(A.1) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (A), A
PERSON SHALL BE ELIGIBLE FOR ELECTION OR APPOINTMENT AS A
DISTRICT SUPERINTENDENT OR ASSISTANT DISTRICT SUPERINTENDENT IF
THE PERSON HAS SERVED AS A CHIEF RECOVERY OFFICER OR A FINANCIAL
ADMINISTRATOR, AS PROVIDED UNDER ARTICLE VI-A.
* * *
(B.2) THE DEPARTMENT SHALL, UPON REQUEST IN A FORM AND
MANNER AS PRESCRIBED BY THE DEPARTMENT AND MADE AVAILABLE ON THE
DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE, CONFIRM THAT
AN INDIVIDUAL SATISFIES THE REQUIREMENTS OF SUBSECTION (A.1),
(B) OR (B.1) AND THAT THE INDIVIDUAL IS ELIGIBLE FOR ELECTION OR
APPOINTMENT AS A DISTRICT SUPERINTENDENT OR ASSISTANT DISTRICT
SUPERINTENDENT. UPON A SCHOOL DISTRICT'S HIRING OF AN INDIVIDUAL
WHO SATISFIES THE REQUIREMENTS OF SUBSECTION (A.1), (B) OR
(B.1), THE DEPARTMENT SHALL ISSUE THE INDIVIDUAL A COMMISSION.
(C) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 1205.1(F),
1205.2(N.1) AND 1205.5(H), A PERSON ELECTED OR APPOINTED AS A
DISTRICT SUPERINTENDENT OR ASSISTANT DISTRICT SUPERINTENDENT FOR
THE FIRST TIME IN THIS COMMONWEALTH UNDER SUBSECTION (A.1), (B)
OR (B.1) SHALL SUCCESSFULLY COMPLETE A LEADERSHIP DEVELOPMENT
PROGRAM THAT MEETS THE PENNSYLVANIA SCHOOL LEADERSHIP STANDARDS
UNDER SECTION 1217.
SECTION 6. THE DEFINITION OF "COMPULSORY SCHOOL AGE" IN
SECTION 1326 OF THE ACT IS AMENDED TO READ:
SECTION 1326. DEFINITIONS.--WHEN USED IN THIS ARTICLE, THE
FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
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"COMPULSORY SCHOOL AGE" SHALL MEAN THE PERIOD OF A CHILD'S
LIFE FROM THE TIME THE CHILD'S PARENTS ELECT TO HAVE THE CHILD
ENTER SCHOOL AND WHICH SHALL BE NO LATER THAN [EIGHT (8)] SIX
(6) YEARS OF AGE UNTIL THE CHILD REACHES [SEVENTEEN (17)]
EIGHTEEN (18) YEARS OF AGE. THE TERM DOES NOT INCLUDE A CHILD
WHO HOLDS A CERTIFICATE OF GRADUATION FROM A REGULARLY
ACCREDITED, LICENSED, REGISTERED OR APPROVED HIGH SCHOOL.
* * *
SECTION 7. SECTIONS 1337(D) AND 1408-A OF THE ACT ARE
AMENDED TO READ:
SECTION 1337. NONPROFIT SCHOOL FOOD PROGRAM.--* * *
(D) BOARDS OF SCHOOL DIRECTORS.
(1) PURSUANT TO ANY POWER OF BOARDS OF SCHOOL DIRECTORS TO
OPERATE OR PROVIDE FOR THE OPERATION OF SCHOOL FOOD PROGRAMS IN
SCHOOLS UNDER THEIR JURISDICTION, BOARDS OF SCHOOL DIRECTORS MAY
USE THEREFORE FUNDS DISBURSED TO THEM UNDER THE PROVISIONS OF
THIS SECTION, GIFTS AND OTHER FUNDS, RECEIVED FROM SALE OF
SCHOOL FOOD UNDER SUCH PROGRAMS.
(2) [REGARDLESS] (I) PURSUANT TO SUBCLAUSE (II), REGARDLESS
OF WHETHER A STUDENT HAS MONEY TO PAY FOR A SCHOOL MEAL OR OWES
MONEY FOR SCHOOL MEALS, EACH BOARD OF SCHOOL DIRECTORS SHALL
ESTABLISH A REQUIREMENT FOR SCHOOLS UNDER ITS JURISDICTION TO
PROVIDE A SCHOOL FOOD PROGRAM MEAL TO A STUDENT WHO REQUESTS
ONE, UNLESS THE STUDENT'S PARENT OR GUARDIAN HAS SPECIFICALLY
PROVIDED WRITTEN DIRECTIVE TO THE SCHOOL TO WITHHOLD A SCHOOL
MEAL.
(II) IF A STUDENT IS NOT ELIGIBLE FOR PARTICIPATION IN THE
SCHOOL FOOD PROGRAM AND OWES GREATER THAN FIFTY DOLLARS ($50) IN
A SCHOOL YEAR FOR SCHOOL MEALS, A SCHOOL MAY PROVIDE THE STUDENT
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WITH ALTERNATIVE MEALS INSTEAD OF SCHOOL FOOD PROGRAM MEALS
UNTIL THE STUDENT'S UNPAID BALANCE FOR SCHOOL MEALS IS PAID OR A
PAYMENT PLAN HAS BEEN ESTABLISHED WITH THE SCHOOL TO REDUCE THE
UNPAID BALANCE.
(3) EACH BOARD OF SCHOOL DIRECTORS SHALL REQUIRE SCHOOLS
UNDER ITS JURISDICTION TO COMPLY WITH THE FOLLOWING WHEN A
STUDENT OWES MONEY FOR FIVE OR MORE SCHOOL MEALS:
(I) THE SCHOOL SHALL MAKE AT LEAST TWO ATTEMPTS TO REACH THE
STUDENT'S PARENT OR GUARDIAN AND HAVE THE PARENT OR GUARDIAN
APPLY FOR PARTICIPATION IN THE SCHOOL FOOD PROGRAM.
(II) THE SCHOOL MAY OFFER ASSISTANCE WITH APPLYING FOR
PARTICIPATION IN THE SCHOOL FOOD PROGRAM.
(4) EACH BOARD OF SCHOOL DIRECTORS SHALL:
(I) REQUIRE SCHOOLS UNDER ITS JURISDICTION TO DIRECT
COMMUNICATIONS REGARDING MONEY OWED BY A STUDENT FOR SCHOOL
MEALS TO THE STUDENT'S PARENT OR GUARDIAN AND NOT TO THE STUDENT
IF THE STUDENT IS ENROLLED IN GRADES KINDERGARTEN THROUGH EIGHT.
FOR A STUDENT ENROLLED IN GRADES NINE THROUGH TWELVE, THE BOARD
OF SCHOOL DIRECTORS MAY REQUIRE THE SCHOOLS TO DIRECT
COMMUNICATIONS REGARDING A LOW BALANCE OR MONEY OWED BY A
STUDENT FOR SCHOOL MEALS TO THE STUDENT IF THE COMMUNICATIONS
ARE MADE INDIVIDUALLY TO THE STUDENT BY APPROPRIATE SCHOOL
PERSONNEL AND ARE MADE DISCREETLY.
(II) PERMIT SCHOOLS UNDER ITS JURISDICTION TO CONTACT THE
STUDENT'S PARENT OR GUARDIAN BY MEANS OF A LETTER ADDRESSED TO
THE PARENT OR GUARDIAN THAT IS DELIVERED BY THE STUDENT.
(5) EACH BOARD OF SCHOOL DIRECTORS SHALL PROHIBIT SCHOOLS
UNDER ITS JURISDICTION FROM IMPLEMENTING THE FOLLOWING:
(I) PUBLICLY IDENTIFYING OR STIGMATIZING A STUDENT WHO
CANNOT PAY FOR A SCHOOL MEAL OR WHO OWES MONEY FOR SCHOOL MEALS.
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IT SHALL NOT CONSTITUTE PUBLIC IDENTIFICATION OR STIGMATIZATION
OF A STUDENT FOR A SCHOOL TO RESTRICT PRIVILEGES AND ACTIVITIES
OF STUDENTS WHO OWE MONEY FOR SCHOOL MEALS IF THOSE SAME
RESTRICTIONS APPLY TO STUDENTS WHO OWE MONEY FOR OTHER SCHOOL-
RELATED PURPOSES. IT SHALL NOT CONSTITUTE PUBLIC IDENTIFICATION
OR STIGMATIZATION OF A STUDENT FOR A SCHOOL TO PROVIDE A STUDENT
WITH AN ALTERNATIVE MEAL PURSUANT TO SUBCLAUSE (D)(2)(II).
(II) REQUIRING A STUDENT WHO CANNOT PAY FOR A SCHOOL MEAL TO
PERFORM CHORES OR OTHER WORK TO PAY FOR THE SCHOOL MEAL. THIS
SUBCLAUSE SHALL NOT APPLY IF CHORES OR OTHER WORK ARE REQUIRED
OF ALL STUDENTS REGARDLESS OF THE STUDENT'S INABILITY TO PAY FOR
THE SCHOOL MEAL.
(III) REQUIRING A STUDENT TO DISCARD A SCHOOL MEAL AFTER IT
WAS SERVED TO THE STUDENT DUE TO THE STUDENT'S INABILITY TO PAY
FOR THE SCHOOL MEAL OR THE AMOUNT OF MONEY OWED BY THE STUDENT
FOR EARLIER SCHOOL MEALS.
* * *
SECTION 1408-A. AUDIT REQUIRED.
THE RECOVERY HIGH SCHOOL SHALL SUBMIT ANNUALLY TO THE
SECRETARY OF EDUCATION, THE SECRETARY OF DRUG AND ALCOHOL
PROGRAMS, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
EDUCATION COMMITTEE OF THE SENATE, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH COMMITTEE OF
THE HOUSE OF REPRESENTATIVES A COMPLETE CERTIFIED AUDIT OF THE
RECOVERY HIGH SCHOOL'S PARTICIPATION IN THE PROGRAM. THE AUDIT
SHALL BE CONDUCTED BY A QUALIFIED INDEPENDENT CERTIFIED PUBLIC
ACCOUNTANT UNDER GENERALLY ACCEPTED AUDIT STANDARDS OF THE
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GOVERNMENTAL ACCOUNTING STANDARDS BOARD AND PAID FOR BY THE
DEPARTMENT.
SECTION 8. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XIV-B
INNOVATION SCHOOLS PROGRAM
SECTION 1401-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AFFILIATED NETWORK OF SCHOOLS." A NETWORK OF SCHOOLS,
OVERSEEN BY A COMMON PROGRAM MANAGER OR MANAGEMENT TEAM,
INCLUDING AN EXISTING NONPROFIT ORGANIZATION WHICH IS QUALIFIED
FOR AN EXEMPTION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 501(C)(3)) AND
WHOSE PRINCIPAL PURPOSE IS TO PROVIDE SERVICES TO SUPPORT THE
PROGRAM'S MISSION, STUDENTS AND THEIR FAMILIES AND THE
IMMEDIATELY SURROUNDING COMMUNITY.
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"INNOVATION SCHOOL." A SCHOOL, OR AN AFFILIATED NETWORK OF
SCHOOLS, DESIGNATED AS AN INNOVATION SCHOOL UNDER SECTION 1402-
B(B).
"PEER GROUP." A GROUP OF PUBLIC SCHOOLS WITHIN THE
BOUNDARIES OF A SCHOOL DISTRICT WHOSE STUDENT ENROLLMENT IS A
SIMILAR COMPOSITION OF STUDENTS IN SPECIAL EDUCATION, ENGLISH-
LANGUAGE LEARNING AND ECONOMICALLY DISADVANTAGED STUDENTS.
"PROGRAM." THE INNOVATION SCHOOLS PROGRAM ESTABLISHED UNDER
SECTION 1402-B(A).
"PROGRAM MANAGER." AN INDIVIDUAL APPOINTED AND EMPLOYED BY
AN INNOVATION SCHOOL TO DEVELOP, IMPLEMENT AND CARRY OUT THE
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PROVISIONS OF AN INNOVATION PLAN APPROVED BY THE DEPARTMENT.
"SCHOOL." A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR A
SCHOOL OPERATED BY A SCHOOL DISTRICT.
SECTION 1402-B. ESTABLISHMENT OF INNOVATION SCHOOLS PROGRAM.
(A) PROGRAM ESTABLISHED.--THE INNOVATION SCHOOLS PROGRAM IS
ESTABLISHED TO STUDY AND EVALUATE INNOVATIVE APPROACHES TO
ECONOMICALLY DISADVANTAGED SCHOOLS, INCLUDING WORKFORCE
DEVELOPMENT PROGRAMS, MENTORING SERVICES, BEFORE-SCHOOL AND
AFTER-SCHOOL PROGRAMS, PREVENTION MEASURES AND SOCIAL WRAP-
AROUND SERVICES.
(B) DESIGNATION.--NOT LATER THAN AUGUST 1, 2019, THE
SECRETARY OF EDUCATION, IN COORDINATION WITH THE DEPARTMENT OF
HUMAN SERVICES AND THE DEPARTMENT OF LABOR AND INDUSTRY, SHALL:
(1) ACCEPT APPLICATIONS FROM SCHOOLS FOR DESIGNATION AS
AN INNOVATION SCHOOL.
(2) EVALUATE APPLICATIONS RECEIVED UNDER PARAGRAPH (1)
AND DESIGNATE NO MORE THAN TWO SCHOOLS THAT SATISFY, AS OF
JUNE 30, 2019, ALL OF THE FOLLOWING REQUIREMENTS TO SERVE AS
INNOVATION SCHOOLS:
(I) THE SCHOOL IS IN THE BOTTOM 5% OF ALL SCHOOLS IN
THIS COMMONWEALTH BASED ON THE PERCENT OF ENROLLMENT THAT
IS ECONOMICALLY DISADVANTAGED, AS REPORTED BY THE
DEPARTMENT.
(II) THE SCHOOL HAS DONE ONE OF THE FOLLOWING:
(A) PARTNERED WITH BEHAVIORAL HEALTH
SPECIALISTS.
(B) PROVIDED AN INTEGRATED SOCIAL SERVICE MODEL.
(III) A SCHOOL, OR AT LEAST ONE SCHOOL IN THE
AFFILIATED NETWORK OF SCHOOLS, IS LOCATED WITHIN A
PROMISE ZONE, AS DESIGNATED BY THE UNITED STATES
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(3) POST NOTICE OF THE DESIGNATION ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 1403-B. TERM OF DESIGNATION.
(A) DURATION OF DESIGNATION.--A DESIGNATION UNDER THIS
ARTICLE SHALL BE EFFECTIVE FOR AT LEAST FIVE YEARS.
(B) TERMINATION OF DESIGNATION.--THE DEPARTMENT MAY
TERMINATE A DESIGNATION UNDER THIS ARTICLE IF ANY OF THE
FOLLOWING APPLY:
(1) THE INNOVATION SCHOOL FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS ARTICLE.
(2) THE INNOVATION SCHOOL VIOLATES ANY PROVISION OF
FEDERAL OR STATE LAW FROM WHICH THE SCHOOL HAS NOT BEEN
EXEMPTED.
(3) THE CHIEF ADMINISTRATOR OR PRINCIPAL OPERATOR OF THE
INNOVATION SCHOOL IS CONVICTED OF:
(I) AN OFFENSE GRADED AS A FELONY;
(II) AN INFAMOUS CRIME;
(III) AN OFFENSE PERTAINING TO FRAUD;
(IV) THEFT OR MISMANAGEMENT OF PUBLIC FUNDS;
(V) ANY OFFENSE PERTAINING TO THE INDIVIDUAL'S
OFFICIAL CAPACITY; OR
(VI) ANY CRIME INVOLVING MORAL TURPITUDE.
SECTION 1404-B. ANNUAL PLAN AND WAIVER.
(A) SUBMISSION OF ANNUAL PLAN.--AN INNOVATION SCHOOL SHALL
ANNUALLY SUBMIT A PLAN FOR ACADEMIC AND SOCIAL PROGRAMS TO THE
DEPARTMENT, THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT
OF LABOR AND INDUSTRY FOR COORDINATED REVIEW AND APPROVAL. THE
ANNUAL PLAN SHALL INCLUDE ANY REQUESTS TO WAIVE FEDERAL OR STATE
REQUIREMENTS UNDER SUBSECTION (C).
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(B) APPROVAL OF ANNUAL PLAN.--THE DEPARTMENT, IN
COORDINATION WITH THE DEPARTMENT OF HUMAN SERVICES AND THE
DEPARTMENT OF LABOR AND INDUSTRY, SHALL APPROVE AN ANNUAL PLAN
UNDER SUBSECTION (A) IF THE PROPOSED ANNUAL PLAN WILL IMPROVE
THE DELIVERY OF EDUCATION FOR THE PROSPECTIVE STUDENT
POPULATION.
(C) WAIVER PROCEDURES.--THE FOLLOWING APPLY:
(1) UPON APPROVAL OF AN ANNUAL PLAN UNDER SUBSECTION
(B), THE DEPARTMENT, IN COORDINATION WITH THE DEPARTMENT OF
HUMAN SERVICES AND THE DEPARTMENT OF LABOR AND INDUSTRY,
SHALL DO ALL OF THE FOLLOWING AS MAY BE NECESSARY TO
IMPLEMENT THE ANNUAL PLAN:
(I) WAIVE STATE REGULATIONS.
(II) APPLY FOR A FEDERAL WAIVER.
(2) THE DEPARTMENT, THE DEPARTMENT OF HUMAN SERVICES AND
THE DEPARTMENT OF LABOR AND INDUSTRY, MAY WAIVE STATE
REGULATIONS OR APPLY FOR A FEDERAL WAIVER IN THE FOLLOWING
CATEGORIES:
(I) ACADEMIC TESTING OR TESTING PERIODS.
(II) ACADEMIC ASSISTANCE.
(III) COLLEGE AND CAREER PREPARATIONS.
(IV) BEFORE-SCHOOL AND AFTER-SCHOOL CARE OR
PROGRAMS.
(V) BEHAVIORAL HEALTH SERVICES.
(VI) SOCIAL SERVICES.
(VII) INTEGRATED STUDENT SUPPORT SERVICES.
(VIII) BEHAVIOR INTERVENTION.
(3) A WRITTEN REQUEST FOR THE WAIVER OF A STATE
REGULATION MAY BE GRANTED IF THERE IS NO JEOPARDY TO THE
HEALTH, SAFETY OR WELFARE OF STUDENTS. THE DEPARTMENT, THE
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DEPARTMENT OF HUMAN SERVICES OR THE DEPARTMENT OF LABOR AND
INDUSTRY, AS APPROPRIATE, SHALL NOTIFY THE SCHOOL OF THE
APPROVAL OF A WAIVER WITHIN 10 DAYS OF THE WAIVER REQUEST.
THE NOTIFICATION TO THE SCHOOL SHALL INCLUDE APPROVAL FOR
IMPLEMENTATION OF THAT PART OF THE ANNUAL PLAN RELATED TO THE
APPROVED WAIVER.
(4) IF THE FEDERAL GOVERNMENT APPROVES THE APPLICATION
FOR A FEDERAL WAIVER UNDER PARAGRAPH (1), THE DEPARTMENT, THE
DEPARTMENT OF HUMAN SERVICES OR THE DEPARTMENT OF LABOR AND
INDUSTRY, AS APPROPRIATE, SHALL NOTIFY THE SCHOOL OF THE
APPROVAL WITHIN 10 DAYS OF ITS RECEIPT OF APPROVAL FROM THE
FEDERAL GOVERNMENT. THE NOTIFICATION TO THE SCHOOL SHALL
INCLUDE APPROVAL FOR IMPLEMENTATION OF THAT PART OF THE
ANNUAL PLAN RELATED TO THE APPROVED WAIVER.
(5) IF A REQUEST FOR A WAIVER OF A STATE REGULATION IS
DENIED, THE DEPARTMENT, THE DEPARTMENT OF HUMAN SERVICES AND
THE DEPARTMENT OF LABOR AND INDUSTRY MAY NOT AUTHORIZE THAT
PORTION OF THE ANNUAL PLAN RELATED TO THE DENIED STATE
WAIVER. THE DEPARTMENT, THE DEPARTMENT OF HUMAN SERVICES OR
THE DEPARTMENT OF LABOR AND INDUSTRY, AS APPROPRIATE, SHALL
NOTIFY THE SCHOOL OF THE DENIAL WITHIN 10 DAYS OF THE WAIVER
REQUEST. THE NOTIFICATION TO THE SCHOOL SHALL INCLUDE A
WRITTEN EXPLANATION OF THE BASIS FOR THE DENIAL.
(6) IF THE FEDERAL GOVERNMENT DENIES THE APPLICATION FOR
A FEDERAL WAIVER UNDER PARAGRAPH (1), THE DEPARTMENT, THE
DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF LABOR AND
INDUSTRY MAY NOT AUTHORIZE THAT PORTION OF THE ANNUAL PLAN
RELATED TO THE DENIED FEDERAL WAIVER. THE DEPARTMENT, THE
DEPARTMENT OF HUMAN SERVICES OR THE DEPARTMENT OF LABOR AND
INDUSTRY, AS APPROPRIATE, SHALL NOTIFY THE SCHOOL OF THE
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DENIAL WITHIN 10 DAYS OF ITS RECEIPT OF THE DENIAL FROM THE
FEDERAL GOVERNMENT. THE NOTIFICATION TO THE SCHOOL SHALL
INCLUDE A WRITTEN EXPLANATION OF THE BASIS FOR THE DENIAL.
(D) PLAN DENIALS.--IF AN ANNUAL PLAN OR AMENDMENTS TO THE
ANNUAL PLAN ARE DENIED, THE DEPARTMENT SHALL PROVIDE TO THE
SCHOOL A WRITTEN EXPLANATION OF THE BASIS FOR THE DEPARTMENT'S
ACTION.
(E) AMENDMENTS.--A SCHOOL MAY RESUBMIT AN AMENDED ANNUAL
PLAN, WAIVER REQUEST OR AMENDED PLAN FOR CREATING AN INNOVATION
SCHOOL NO LESS THAN 60 DAYS AFTER DENIAL.
(F) COORDINATION.--UPON APPROVAL OF AN ANNUAL PLAN UNDER
SUBSECTION (B), THE DEPARTMENT SHALL COORDINATE WITH THE
DEPARTMENT OF HUMAN SERVICES REGARDING LICENSURE OF THE
INNOVATION SCHOOL OR THE INDIVIDUALLY LICENSED HEALTH CARE
PRACTITIONERS, AS NECESSARY. THE DEPARTMENT OF HUMAN SERVICES
SHALL FACILITATE ENROLLMENT OF THE INNOVATION SCHOOL'S
DESIGNATED HEALTH CARE PRACTITIONERS AS PROVIDERS TO PARTICIPATE
IN THE MEDICAL ASSISTANCE PROGRAM TO PROVIDE MEDICALLY NECESSARY
SERVICES TO STUDENTS WHO ARE MEDICAL ASSISTANCE BENEFICIARIES.
SECTION 1405-B. CONDITIONS OF CONTINUED DESIGNATION.
IN ORDER TO MAINTAIN ITS DESIGNATION, AN INNOVATION SCHOOL
MUST:
(1) MEET OR EXCEED THE MEDIAN SCORES OF THE SCHOOLS IN
ITS PEER GROUP IN ENGLISH LANGUAGE ARTS, MATH AND SCIENCE IN
THREE OUT OF THE FIRST FOUR YEARS OF THE PROGRAM;
(2) HAVE AN AVERAGE DAILY MEMBERSHIP OF 89%; AND
(3) APPOINT A PROGRAM MANAGER TO OVERSEE THE
IMPLEMENTATION OF THE ANNUAL PLAN FOR THE INNOVATION SCHOOL
WITHIN 60 DAYS OF THE DESIGNATION UNDER SECTION 1402-B(B).
SECTION 1406-B. REPORTING.
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(A) REPORT BY INNOVATION SCHOOL.--
(1) BY AUGUST 31, 2020, AND BY AUGUST 31 OF EACH YEAR
THEREAFTER, AN INNOVATION SCHOOL SHALL SUBMIT A WRITTEN
REPORT CONCERNING THE PROGRAM TO ALL OF THE FOLLOWING:
(I) THE SECRETARY OF EDUCATION.
(II) THE SECRETARY OF HUMAN SERVICES.
(III) THE SECRETARY OF LABOR AND INDUSTRY.
(IV) THE CHAIR AND MINORITY CHAIR OF THE EDUCATION
COMMITTEE OF THE SENATE.
(V) THE CHAIR AND MINORITY CHAIR OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(VI) THE CHAIR AND MINORITY CHAIR OF THE HEALTH AND
HUMAN SERVICES COMMITTEE OF THE SENATE.
(VII) THE CHAIR AND MINORITY CHAIR OF THE HEALTH
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(2) THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
OF THE FOLLOWING, SUBJECT TO THE REQUIREMENTS OF THE FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC LAW 90-
247, 20 U.S.C. § 1232G) AND TO THE EXTENT THE REPORTING DOES
NOT REVEAL IDENTIFYING INFORMATION CONCERNING ANY INDIVIDUAL
STUDENT:
(I) THE NUMBER OF STUDENTS WHO ENROLLED IN THE
INNOVATION SCHOOL UNDER THE PROGRAM FOR THE PRECEDING
REPORTING PERIOD.
(II) THE NUMBER AND PERCENTAGE OF STUDENTS ENROLLED
IN THE INNOVATION SCHOOL DURING THE PREVIOUS REPORTING
PERIOD TO WHOM EACH OF THE FOLLOWING APPLY, REPORTED
SEPARATELY BASED ON WHETHER OR NOT THE STUDENTS WERE
PARTICIPANTS IN THE PROGRAM:
(A) EARNED A HIGH SCHOOL DIPLOMA FROM THE
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INNOVATION SCHOOL.
(B) WITHDREW FROM THE INNOVATION SCHOOL AND
REQUESTED TRANSFER OF EDUCATIONAL RECORDS TO ANOTHER
SCHOOL.
(C) WITHDREW FROM THE INNOVATION SCHOOL WITHOUT
REQUESTING TRANSFER OF EDUCATIONAL RECORDS TO ANOTHER
SCHOOL.
(D) MAINTAINED ENROLLMENT IN THE INNOVATION
SCHOOL IN GOOD STANDING.
(III) A NARRATIVE DESCRIPTION OF THE ACADEMIC
OUTCOMES FOR STUDENTS ENROLLED IN THE INNOVATION SCHOOL,
INCLUDING AGGREGATE ASSESSMENT RESULTS, REPORTED
SEPARATELY BASED ON WHETHER OR NOT THE STUDENTS WERE
PARTICIPANTS IN THE PROGRAM.
(IV) RECOMMENDATIONS FOR IMPROVEMENTS TO THE
PROGRAM.
(V) ANY INFORMATION REGARDING THE PROGRAM THAT THE
INNOVATION SCHOOL DETERMINES WOULD BE USEFUL TO THE
GENERAL ASSEMBLY, THE DEPARTMENT, THE DEPARTMENT OF HUMAN
SERVICES AND THE DEPARTMENT OF LABOR AND INDUSTRY IN
DETERMINING WHETHER CHANGES TO THE PROGRAM ARE NECESSARY
AND WHETHER THE PROGRAM SHOULD BE CONTINUED.
(B) REPORT BY DEPARTMENT, DEPARTMENT OF HUMAN SERVICES AND
DEPARTMENT OF LABOR AND INDUSTRY.--BY DECEMBER 31, 2021, THE
DEPARTMENT, THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT
OF LABOR AND INDUSTRY SHALL SUBMIT JOINTLY A WRITTEN REPORT
ASSESSING THE OUTCOMES OF THE PROGRAM AND MAKING RECOMMENDATIONS
REGARDING THE POSSIBLE EXTENSION AND EXPANSION OF THE PROGRAM,
INCLUDING A PROPOSED TIMELINE FOR ANY POTENTIAL EXPANSION, TO
ALL OF THE FOLLOWING:
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(1) THE CHAIR AND MINORITY CHAIR OF THE EDUCATION
COMMITTEE OF THE SENATE.
(2) THE CHAIR AND MINORITY CHAIR OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(3) THE CHAIR AND MINORITY CHAIR OF THE HEALTH AND HUMAN
SERVICES COMMITTEE OF THE SENATE.
(4) THE CHAIR AND MINORITY CHAIR OF THE HEALTH COMMITTEE
OF THE HOUSE OF REPRESENTATIVES.
SECTION 9. SECTION 1913-A(B)(1.6) 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:
* * *
(XII) FOR THE 2019-2020 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 2018-2019 UNDER SUBCLAUSE (XI)(A) AND
(C).
(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND
RECEIVED IN FISCAL YEAR 2018-2019 UNDER SUBCLAUSE (XI)(B).
(C) FOR EACH COMMUNITY COLLEGE THAT RECEIVES FUNDING UNDER
UNITS (A) AND (B), AN ADDITIONAL AMOUNT FOR OPERATING COSTS
DETERMINED FOR EACH COMMUNITY COLLEGE, AS FOLLOWS:
(I) MULTIPLY THE AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS
VERIFIED UNDER SUBSECTION (K.1) FOR THE MOST RECENT YEAR
AVAILABLE FOR THE COMMUNITY COLLEGE BY THE DIFFERENCE BETWEEN
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THE APPROPRIATION FOR PAYMENT OF APPROVED OPERATING EXPENSES OF
COMMUNITY COLLEGES IN THE 2019-2020 FISCAL YEAR AND THE SUM OF
THE AMOUNTS IN UNITS (A) AND (B).
(II) DIVIDE THE PRODUCT IN SUBUNIT (I) BY THE SUM OF THE
AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS VERIFIED UNDER
SUBSECTION (K.1) FOR THE MOST RECENT YEAR AVAILABLE FOR ALL
COMMUNITY COLLEGES.
* * *
SECTION 10. THE DEFINITIONS OF "MAXIMUM ANNUAL HOUSEHOLD
INCOME" AND "PASS-THROUGH ENTITY" IN SECTION 2002-B OF THE ACT,
AMENDED JUNE 22, 2018 (P.L.241, NO.39), ARE AMENDED AND THE
SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:
SECTION 2002-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"ECONOMICALLY DISADVANTAGED SCHOOL." ANY SCHOOL WITHIN THIS
COMMONWEALTH AT WHICH AT LEAST 75% OF THE STUDENTS ATTENDING THE
SCHOOL IN THE IMMEDIATELY PRECEDING SCHOOL YEAR RECEIVED A
SCHOLARSHIP PURSUANT TO THIS ARTICLE.
* * *
"MAXIMUM ANNUAL HOUSEHOLD INCOME."
(1) SUBJECT TO ADJUSTMENT UNDER PARAGRAPHS (2) AND (3),
THE AMOUNT OF [$85,000] $90,000, PLUS THE APPLICABLE INCOME
ALLOWANCE.
(2) WITH RESPECT TO AN ELIGIBLE STUDENT WITH A
DISABILITY, AS CALCULATED BY MULTIPLYING:
(I) THE APPLICABLE AMOUNT UNDER PARAGRAPH (1); BY
(II) THE APPLICABLE SUPPORT LEVEL FACTOR ACCORDING
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TO THE FOLLOWING TABLE:
SUPPORT LEVEL SUPPORT LEVEL FACTOR
1 1.50
2 2.993
(3) BEGINNING JULY 1, 2014, THE DEPARTMENT SHALL
ANNUALLY ADJUST THE INCOME AMOUNTS UNDER PARAGRAPHS (1) AND
(2) TO REFLECT ANY UPWARD CHANGES IN THE CONSUMER PRICE INDEX
FOR ALL URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY,
DELAWARE AND MARYLAND AREA IN THE PRECEDING 12 MONTHS AND
SHALL IMMEDIATELY SUBMIT THE ADJUSTED AMOUNTS TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION AS A NOTICE IN
THE PENNSYLVANIA BULLETIN.
* * *
"PASS-THROUGH ENTITY." A PARTNERSHIP AS DEFINED IN SECTION
301(N.0) OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE
TAX REFORM CODE OF 1971, A SINGLE-MEMBER LIMITED LIABILITY
COMPANY TREATED AS A DISREGARDED ENTITY FOR FEDERAL INCOME TAX
PURPOSES OR A PENNSYLVANIA S CORPORATION AS DEFINED IN SECTION
301(N.1) OF THE TAX REFORM CODE OF 1971. THE TERM INCLUDES A
PASS-THROUGH ENTITY THAT OWNS AN INTEREST IN A PASS-THROUGH
ENTITY. THE TERM ALSO INCLUDES A QUALIFIED SUBCHAPTER S TRUST.
* * *
"QUALIFIED SUBCHAPTER S TRUST." AS DEFINED IN SECTION
1361(D)(3) OF THE INTERNAL REVENUE CODE OF 1986.
* * *
SECTION 11. SECTION 2003-B(F) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 2003-B. QUALIFICATION AND APPLICATION BY ORGANIZATIONS.
* * *
(D.3) OPPORTUNITY SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY
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DISADVANTAGED SCHOOLS.--
(1) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS
ARTICLE, AN OPPORTUNITY SCHOLARSHIP ORGANIZATION THAT INTENDS
TO PROVIDE OPPORTUNITY SCHOLARSHIP AWARDS TO APPLICANTS OF
ECONOMICALLY DISADVANTAGED SCHOOLS MUST DEMONSTRATE A HISTORY
OF SERVING SCHOOLS THROUGHOUT THIS COMMONWEALTH AND THE
CAPACITY TO DISTRIBUTE OPPORTUNITY SCHOLARSHIPS STATEWIDE TO
APPLICANTS OF ECONOMICALLY DISADVANTAGED SCHOOLS.
(2) AN OPPORTUNITY SCHOLARSHIP ORGANIZATION MUST AGREE
TO DISTRIBUTE OPPORTUNITY SCHOLARSHIPS TO APPLICANTS OF
ECONOMICALLY DISADVANTAGED SCHOOLS NOT LATER THAN DECEMBER 1
OF THE APPLICABLE SCHOOL YEAR.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE
TO THE CONTRARY, THE DEPARTMENT MAY NOT FOR ANY SCHOOL YEAR
QUALIFY MORE THAN ONE OPPORTUNITY SCHOLARSHIP ORGANIZATION
FOR THE PROVISION OF OPPORTUNITY SCHOLARSHIPS TO APPLICANTS
OF ECONOMICALLY DISADVANTAGED SCHOOLS.
* * *
(F) PUBLICATION.--THE DEPARTMENT SHALL ANNUALLY PUBLISH A
LIST OF EACH SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN
SCHOLARSHIP ORGANIZATION, EDUCATIONAL IMPROVEMENT ORGANIZATION
AND OPPORTUNITY SCHOLARSHIP ORGANIZATION QUALIFIED UNDER THIS
SECTION IN THE PENNSYLVANIA BULLETIN. THE LIST SHALL ALSO BE
POSTED AND UPDATED AS NECESSARY ON THE PUBLICLY ACCESSIBLE
INTERNET WEBSITE OF THE DEPARTMENT. THE LIST SHALL SEPARATELY
IDENTIFY THE OPPORTUNITY SCHOLARSHIP ORGANIZATION THAT QUALIFIES
UNDER SUBSECTION (D.3).
SECTION 12. SECTION 2004-B(A) OF THE ACT IS AMENDED TO READ:
SECTION 2004-B. APPLICATION BY BUSINESS FIRMS.
(A) SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN SCHOLARSHIP
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ORGANIZATION OR OPPORTUNITY SCHOLARSHIP ORGANIZATION.--
(1) A BUSINESS FIRM SHALL APPLY TO THE DEPARTMENT FOR A
TAX CREDIT FOR CONTRIBUTIONS TO A SCHOLARSHIP ORGANIZATION,
PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATION OR OPPORTUNITY
SCHOLARSHIP ORGANIZATION UNDER SECTION 2005-B.
(2) A BUSINESS FIRM THAT INTENDS TO APPLY TO THE
DEPARTMENT FOR A TAX CREDIT FOR CONTRIBUTIONS TO THE
OPPORTUNITY SCHOLARSHIP ORGANIZATION THAT QUALIFIES UNDER
SECTION 2003-B(D.3) MUST SUBMIT AN APPLICATION SEPARATE FROM
AN APPLICATION FOR TAX CREDITS TO A SCHOLARSHIP ORGANIZATION,
PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATION OR OTHER
OPPORTUNITY SCHOLARSHIP ORGANIZATION.
(3) A BUSINESS FIRM SHALL RECEIVE A TAX CREDIT UNDER
THIS ARTICLE IF THE SCHOLARSHIP ORGANIZATION, PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATION OR OPPORTUNITY
SCHOLARSHIP ORGANIZATION THAT RECEIVES THE CONTRIBUTION
APPEARS ON THE LIST ESTABLISHED UNDER SECTION 2003-B(F),
SUBJECT TO THE LIMITATIONS IN SECTIONS 2005-B AND 2006-B.
* * *
SECTION 13. SECTION 2005-B(G) OF THE ACT IS AMENDED BY
ADDING A PARAGRAPH TO READ:
SECTION 2005-B. TAX CREDITS.
* * *
(G) TIME OF APPLICATION FOR CREDITS.--
* * *
(3) APPLICATIONS FOR TAX CREDITS SUBMITTED ON JULY 1
UNDER PARAGRAPH (1) FOR A TWO-YEAR COMMITMENT BY A BUSINESS
FIRM THAT APPLIED FOR AND WAS DENIED CREDITS IN THE PRIOR
FISCAL YEAR AND THAT HAD BEEN APPROVED FOR TAX CREDITS IN A
PRIOR FISCAL YEAR, SHALL BE CONSIDERED PRIOR TO AN
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APPLICATION FROM A BUSINESS FIRM THAT DOES NOT MEET THE
CRITERIA IN THIS PARAGRAPH. A BUSINESS FIRM SEEKING
PREFERENCE UNDER THIS PARAGRAPH SHALL INCLUDE PROOF OF PRIOR
APPROVAL TAX CREDITS IN ITS JULY 1 APPLICATION.
* * *
SECTION 14. SECTION 2006-B(A) OF THE ACT, AMENDED JUNE 22,
2018 (P.L.241, NO.39), IS AMENDED TO READ:
SECTION 2006-B. LIMITATIONS.
(A) AMOUNT.--
(1) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP
ORGANIZATIONS, EDUCATIONAL IMPROVEMENT ORGANIZATIONS AND PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
[$160,000,000] $185,000,000 IN A FISCAL YEAR.
(I) NO LESS THAN [$110,000,000] $135,000,000 OF THE
TOTAL AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX
CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO
SCHOLARSHIP ORGANIZATIONS.
(II) NO LESS THAN $37,500,000 OF THE TOTAL AGGREGATE
AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
CONTRIBUTIONS FROM BUSINESS FIRMS TO EDUCATIONAL
IMPROVEMENT ORGANIZATIONS.
(III) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
$12,500,000 IN A FISCAL YEAR.
(2) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO OPPORTUNITY
SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED [$50,000,000]
$55,000,000 IN A FISCAL YEAR[.] AND NO LESS THAN $5,000,000
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OF THE TOTAL AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX
CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO INCREASE THE
SCHOLARSHIP AMOUNT TO STUDENTS ATTENDING AN ECONOMICALLY
DISADVANTAGED SCHOOL BY UP TO $1,000 MORE THAN THE AMOUNT
PROVIDED DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR.
* * *
SECTION 15. SECTION 2009-B(E) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 2009-B. OPPORTUNITY SCHOLARSHIPS.
* * *
(E) AMOUNT.--
(1) [THE] (I) EXCEPT AS OTHERWISE PROVIDED IN
SUBPARAGRAPH (II), THE MAXIMUM AMOUNT OF AN OPPORTUNITY
SCHOLARSHIP AWARDED TO AN APPLICANT WITHOUT A DISABILITY
SHALL BE $8,500.
(II) FOR A STUDENT ATTENDING AN ECONOMICALLY
DISADVANTAGED SCHOOL, THE MAXIMUM AMOUNT OF AN
OPPORTUNITY SCHOLARSHIP AWARDED TO AN APPLICANT WITHOUT A
DISABILITY SHALL BE $9,500.
(2) [THE] (I) EXCEPT AS OTHERWISE PROVIDED IN
SUBPARAGRAPH (II), THE MAXIMUM AMOUNT OF AN OPPORTUNITY
SCHOLARSHIP AWARDED TO AN APPLICANT WITH A DISABILITY
SHALL BE $15,000.
(II) FOR A STUDENT ATTENDING AN ECONOMICALLY
DISADVANTAGED SCHOOL, THE MAXIMUM AMOUNT OF AN
OPPORTUNITY SCHOLARSHIP AWARDED TO AN APPLICANT WITH A
DISABILITY SHALL BE $16,000.
(3) IN NO CASE SHALL THE COMBINED AMOUNT OF THE
OPPORTUNITY SCHOLARSHIP AWARDED TO A RECIPIENT AND ANY
ADDITIONAL FINANCIAL ASSISTANCE PROVIDED TO THE RECIPIENT
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EXCEED THE TUITION RATE AND SCHOOL-RELATED FEES FOR THE
PARTICIPATING PUBLIC SCHOOL OR PARTICIPATING NONPUBLIC SCHOOL
THAT THE RECIPIENT WILL ATTEND.
(F) DESIGNATION, REPORTS AND NOTICES.--
(1) EACH SCHOOL THAT DESIRES TO BE DESIGNATED AS AN
ECONOMICALLY DISADVANTAGED SCHOOL FOR A SCHOOL YEAR SHALL
REPORT THE FOLLOWING INFORMATION TO THE DEPARTMENT BY THE
JANUARY 1 PRECEDING THE APPLICABLE SCHOOL YEAR:
(I) THE TOTAL NUMBER OF STUDENTS WHO ATTEND THE
SCHOOL AS OF THE DATE OF THE REPORT AND ARE THE
RECIPIENTS OF A SCHOLARSHIP UNDER THIS ARTICLE.
(II) THE TOTAL NUMBER OF STUDENTS ATTENDING THE
SCHOOL AS OF THE DATE OF THE REPORT.
(2) THE INFORMATION REQUIRED UNDER PARAGRAPH (1) SHALL
BE SUBMITTED ON A FORM PROVIDED BY THE DEPARTMENT. NO LATER
THAN THE OCTOBER 15 PRECEDING EACH SCHOOL YEAR, THE
DEPARTMENT SHALL ANNUALLY DISTRIBUTE OR MAKE AVAILABLE
ELECTRONICALLY TO EACH SCHOOL IN THIS COMMONWEALTH THE FORMS
ON WHICH THE REPORTS ARE REQUIRED TO BE MADE.
(3) NO LATER THAN MARCH 1 AFTER A SCHOOL HAS SUBMITTED
TO THE DEPARTMENT THE INFORMATION REQUIRED UNDER PARAGRAPH
(1), THE DEPARTMENT SHALL NOTIFY THE SCHOOL WHETHER THE
SCHOOL MEETS THE REQUIREMENTS OF, AND WILL BE DESIGNATED AS,
AN ECONOMICALLY DISADVANTAGED SCHOOL FOR THE APPLICABLE
SCHOOL YEAR.
(4) THE DEPARTMENT SHALL ANNUALLY TRANSMIT NOTICE OF A
LIST OF EACH SCHOOL DESIGNATED AS AN ECONOMICALLY
DISADVANTAGED SCHOOL UNDER THIS SECTION TO THE LEGISLATIVE
REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA
BULLETIN. THE LIST SHALL BE POSTED AND UPDATED AS NECESSARY
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ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(5) (I) EACH SCHOOL THAT HAS BEEN DESIGNATED BY THE
DEPARTMENT AS AN ECONOMICALLY DISADVANTAGED SCHOOL FOR AN
APPLICABLE SCHOOL YEAR SHALL NOTIFY THE DEPARTMENT BY NO
LATER THAN OCTOBER 15 OF THE APPLICABLE SCHOOL YEAR OF
THE FOLLOWING INFORMATION FOR EACH RECIPIENT OF A
SCHOLARSHIP REGISTERED TO ATTEND THE SCHOOL FOR THE
APPLICABLE SCHOOL YEAR:
(A) THE RECIPIENT ' S NAME AND ADDRESS.
(B) THE GRADE OF THE RECIPIENT FOR THE SCHOOL
YEAR WITH RESPECT TO WHICH THE SCHOLARSHIP AND
TUITION GRANT SHALL BE RECEIVED.
(C) THE TYPE AND AMOUNT OF SCHOLARSHIP RECEIVED
BY THE RECIPIENT.
(D) THE NAMES AND ADDRESS OF THE RECIPIENT ' S
PARENTS OR GUARDIANS.
(II) THE INFORMATION SUBMITTED IN THIS PARAGRAPH
SHALL BE PROVIDED TO THE OPPORTUNITY SCHOLARSHIP
ORGANIZATION FOR ECONOMICALLY DISADVANTAGED SCHOOLS.
(III) INFORMATION SUBMITTED BY A SCHOOL DESIGNATED
BY THE DEPARTMENT AS AN ECONOMICALLY DISADVANTAGED SCHOOL
SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE
ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE
RIGHT-TO-KNOW LAW. THE INFORMATION CAN BE USED FOR
ADMINISTRATION OF THE PROGRAM.
SECTION 16. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XX-I
(RESERVED)
ARTICLE XX-J
POSTSECONDARY INSTITUTION SEXUAL HARASSMENT AND SEXUAL
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VIOLENCE POLICY AND ONLINE REPORTING SYSTEM
SECTION 2001-J. 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:
"ONLINE REPORTING SYSTEM." A SYSTEM ESTABLISHED UNDER
SECTION 2003-J.
"POSTSECONDARY INSTITUTION." AN INSTITUTION LOCATED WITHIN
THIS COMMONWEALTH THAT IS AUTHORIZED TO GRANT AN ASSOCIATE OR
HIGHER ACADEMIC DEGREE.
SECTION 2002-J. POLICY FOR POSTSECONDARY INSTITUTION SEXUAL
HARASSMENT AND SEXUAL VIOLENCE.
(A) ADOPTION.--A POSTSECONDARY INSTITUTION SHALL ADOPT A
CLEAR, UNDERSTANDABLE WRITTEN POLICY ON SEXUAL HARASSMENT AND
SEXUAL VIOLENCE THAT INFORMS VICTIMS OF THEIR RIGHTS UNDER
FEDERAL AND STATE LAW, INCLUDING THE CRIME VICTIMS BILL OF
RIGHTS.
(B) REPORT.--THE SEXUAL HARASSMENT AND SEXUAL VIOLENCE
POLICY UNDER SUBSECTION (A) SHALL INCLUDE A PROVISION THAT A
WITNESS OR VICTIM OF AN INCIDENT OF SEXUAL HARASSMENT OR SEXUAL
VIOLENCE WHO REPORTS THE INCIDENT IN GOOD FAITH WILL NOT BE
SANCTIONED BY THE INSTITUTION FOR ADMITTING IN THE REPORT TO A
VIOLATION OF THE INSTITUTION'S STUDENT CONDUCT POLICY ON THE
PERSONAL USE OF DRUGS OR ALCOHOL.
(C) MODEL POLICY.--THE DEPARTMENT OF EDUCATION SHALL DEVELOP
A MODEL POLICY AND MAKE THE MODEL POLICY AVAILABLE TO
POSTSECONDARY INSTITUTIONS. A POSTSECONDARY INSTITUTION MAY
ADOPT THE MODEL POLICY AS THE POLICY OF THE INSTITUTION ON
SEXUAL HARASSMENT AND SEXUAL VIOLENCE.
SECTION 2003-J. ONLINE REPORTING SYSTEM.
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(A) ESTABLISHMENT OF ONLINE REPORTING SYSTEM.--A
POSTSECONDARY INSTITUTION SHALL ESTABLISH AND MAINTAIN AN ONLINE
REPORTING SYSTEM TO RECEIVE COMPLAINTS OF SEXUAL HARASSMENT AND
SEXUAL VIOLENCE FROM STUDENTS AND EMPLOYEES. A REPORT SHALL BE
INVESTIGATED THROUGH THE PROCESS ESTABLISHED IN THE
POSTSECONDARY INSTITUTION'S SEXUAL HARASSMENT AND SEXUAL
VIOLENCE POLICY. A POSTSECONDARY INSTITUTION MAY NOT FAIL OR
REFUSE TO INVESTIGATE AN ANONYMOUS REPORT BECAUSE IT IS
ANONYMOUS.
(B) ANONYMOUS REPORTS.--THE ONLINE REPORTING SYSTEM SHALL
PERMIT ANONYMOUS REPORTS, WHICH SHALL BE INVESTIGATED IN
ACCORDANCE WITH SUBSECTION (A).
(C) REQUIRED INFORMATION.--A POSTSECONDARY INSTITUTION SHALL
PROVIDE STUDENTS AND EMPLOYEES MAKING REPORTS UNDER THIS SECTION
WITH THE FOLLOWING:
(1) INFORMATION REGARDING WHO WILL RECEIVE AND HAVE
ACCESS TO THE REPORTS FILED.
(2) HOW INFORMATION GATHERED THROUGH THE ONLINE
REPORTING SYSTEM WILL BE USED.
(3) CONTACT INFORMATION FOR ON-CAMPUS AND OFF-CAMPUS
ORGANIZATIONS SERVING VICTIMS OF SEXUAL HARASSMENT AND SEXUAL
VIOLENCE.
(D) STATEMENT.--THE ONLINE REPORTING SYSTEM SHALL
PROMINENTLY POST THE ONLINE SYSTEM'S POLICY REGARDING REPORTS
AND INVESTIGATIONS OF SEXUAL HARASSMENT AND SEXUAL VIOLENCE AND
SHALL ENCOURAGE INDIVIDUALS TO REVIEW THE POLICY FOR MORE
INFORMATION ABOUT PROCEDURES AND RESOURCES.
(E) ACCESS TO DATA.--A POSTSECONDARY INSTITUTION SHALL LIMIT
ACCESS TO THE DATA COLLECTED, CREATED OR MAINTAINED UNDER
SUBSECTION (A) TO ONLY THE DATA SUBJECT AND AS FOLLOWS:
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(1) ONLY INDIVIDUALS WITH EXPLICIT AUTHORIZATION FROM A
POSTSECONDARY INSTITUTION MAY ENTER, UPDATE, ACCESS, SHARE OR
DISSEMINATE ELECTRONIC DATA RELATED TO AN INCIDENT OF SEXUAL
HARASSMENT OR SEXUAL VIOLENCE COLLECTED, CREATED OR
MAINTAINED UNDER THIS SECTION.
(2) THE ABILITY OF AN AUTHORIZED INDIVIDUAL TO ENTER,
UPDATE, ACCESS, SHARE OR DISSEMINATE DATA MUST BE LIMITED
THROUGH THE USE OF ROLE-BASED ACCESS THAT CORRESPONDS TO THE
OFFICIAL DUTIES OR TRAINING LEVEL OF THE INDIVIDUAL AND THE
INSTITUTIONAL AUTHORIZATION THAT GRANTS ACCESS FOR THAT
PURPOSE.
(3) ACTIONS IN WHICH THE DATA RELATED TO AN INCIDENT OF
SEXUAL HARASSMENT OR SEXUAL VIOLENCE ARE ENTERED, UPDATED,
ACCESSED, SHARED OR DISSEMINATED OUTSIDE THE POSTSECONDARY
INSTITUTION MUST BE RECORDED IN A DATA AUDIT TRAIL.
(4) AN INSTITUTION SHALL IMMEDIATELY AND PERMANENTLY
REVOKE THE AUTHORIZATION OF AN INDIVIDUAL DETERMINED TO HAVE
WILLFULLY ENTERED, UPDATED, ACCESSED, SHARED OR DISSEMINATED
DATA IN VIOLATION OF THIS SECTION.
(5) AN INSTITUTION OR INDIVIDUAL IMPLEMENTING, OPERATING
OR WORKING FOR THE PROGRAM MAY NOT BE COMPELLED TO PRODUCE A
RECORD EXCEPT PURSUANT TO A COURT ORDER.
SECTION 17. SECTIONS 2103(8) AND 2204-B(B) INTRODUCTORY
PARAGRAPH AND (3) OF THE ACT ARE AMENDED TO READ:
SECTION 2103. BOARD OF PUBLIC EDUCATION; ADDITIONAL
DUTIES.--THE DUTIES OF THE BOARD OF PUBLIC EDUCATION IN
DISTRICTS OF THE FIRST CLASS, IN ADDITION TO THE DUTIES
PRESCRIBED IN THIS ACT, SHALL BE--
* * *
(8) PROVIDED THAT, [NOTWITHSTANDING THE PROVISIONS OF
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SECTION 1326,] THE GOVERNING AUTHORITY OF THE SCHOOL DISTRICT
[MAY] SHALL ESTABLISH THE COMPULSORY SCHOOL AGE AT NO EARLIER
THAN AGE SIX. THE PROVISIONS OF SECTION 1326 SHALL CONTINUE TO
APPLY TO ANY STUDENT ENROLLED IN A PROGRAM UNDER SECTION 1327.1
OR TO ANY STUDENT WHOSE PARENT OR GUARDIAN FILES A NOTICE WITH
THE SUPERINTENDENT OF THE SCHOOL DISTRICT OF THE INTENTION TO
ENROLL THE STUDENT IN A PROGRAM UNDER SECTION 1327.1.
SECTION 2204-B. AGENCY.
* * *
(B) [REQUIREMENTS] ELIGIBILITY CRITERIA.--THE ELIGIBILITY
CRITERIA DEVELOPED FOR THE RECEIPT OF A SCHOLARSHIP UNDER
SUBSECTION (A) SHALL, AT A MINIMUM, REQUIRE ALL OF THE
FOLLOWING:
* * *
(3) DEMONSTRATION OF [OUTSTANDING ACADEMIC ACHIEVEMENT.]
A GRADE POINT AVERAGE OF AT LEAST 3.25 ON A 4.0 SCALE.
* * *
SECTION 18. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2323. STATE AID FOR FISCAL YEAR 2019-2020.
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
2019-2020, 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 2018-2019 UNDER SECTION 2322 BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2018-2019.
(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2019-2020.
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(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 2019-2020 ARE LESS THAN FUNDS APPROPRIATED IN
FISCAL YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE
STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93.
(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS
SECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID IN
A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE
LIBRARY SYSTEM.
(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A
LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO
THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY
MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.
(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER
POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A
RESULT OF:
(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT
OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR
(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO
A COUNTY LIBRARY SYSTEM;
FUNDING OF DISTRICT LIBRARY CENTER AID SHALL BE PAID BASED ON
THE POPULATION OF THE NEWLY ESTABLISHED OR RECONFIGURED
DISTRICT LIBRARY CENTER.
(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM
ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT
OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY
SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.
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SECTION 19. SECTION 2502.8 HEADING OF THE ACT IS AMENDED AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 2502.8. PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN
[VOCATIONAL] CAREER AND TECHNICAL CURRICULUMS.--* * *
(F) FOR THE SCHOOL YEAR 2018-2019 AND EACH SCHOOL YEAR
THEREAFTER, PAYMENTS MADE UNDER THIS SECTION SHALL BE FUNDED
FROM THE APPROPRIATION FOR CAREER AND TECHNICAL EDUCATION AND
SHALL NOT BE PROPORTIONATELY REDUCED IN ACCORDANCE WITH SECTION
2502.6(B) OR ANY OTHER LAW.
SECTION 20. SECTION 2502.53(B) OF THE ACT IS AMENDED TO
READ:
SECTION 2502.53. STUDENT-WEIGHTED BASIC EDUCATION FUNDING.--
* * *
(B) FOR THE 2015-2016 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT A
BASIC EDUCATION FUNDING ALLOCATION WHICH SHALL CONSIST OF THE
FOLLOWING:
(1) AN AMOUNT EQUAL TO THE SCHOOL DISTRICT'S BASIC EDUCATION
FUNDING ALLOCATION FOR THE 2013-2014 SCHOOL YEAR.
(2) A STUDENT-BASED ALLOCATION TO BE CALCULATED AS FOLLOWS:
(I) MULTIPLY THE SCHOOL DISTRICT'S STUDENT-WEIGHTED AVERAGE
DAILY MEMBERSHIP BY THE MEDIAN HOUSEHOLD INCOME INDEX AND LOCAL
EFFORT CAPACITY INDEX.
(II) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (I) BY THE
DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF
BASIC EDUCATION FUNDING TO SCHOOL DISTRICTS AND THE AMOUNT
APPROPRIATED FOR THE ALLOCATION IN PARAGRAPH (1).
(III) DIVIDE THE PRODUCT IN SUBPARAGRAPH (II) BY THE SUM OF
THE PRODUCTS IN SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.
(IV) FOR THE 2018-2019 SCHOOL YEAR, THE DIFFERENCE
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DETERMINED UNDER SUBPARAGRAPH (II) SHALL BE $698,667,244.
* * *
SECTION 21. SECTIONS 2509.1(C.2) AND 2510.3(A)(2) OF THE
ACT, AMENDED JUNE 22, 2018 (P.L.241, NO.39), ARE AMENDED TO
READ:
SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
(C.2) THE FOLLOWING APPLY:
(1) FOR THE 2016-2017, 2017-2018 [AND], 2018-2019 AND 2019-
2020 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.
(2) THIRTY-FIVE PERCENT (35%) OF THE AMOUNT UNDER PARAGRAPH
(1) SHALL BE DISTRIBUTED EQUALLY AMONG ALL INTERMEDIATE UNITS.
(3) SIXTY-FIVE PERCENT (65%) OF THE AMOUNT UNDER PARAGRAPH
(1) SHALL BE DISTRIBUTED TO EACH INTERMEDIATE UNIT IN PROPORTION
TO THE NUMBER OF AVERAGE DAILY MEMBERSHIP OF THE COMPONENT
SCHOOL DISTRICTS OF EACH INTERMEDIATE UNIT AS COMPARED TO THE
STATEWIDE TOTAL AVERAGE DAILY MEMBERSHIP.
* * *
SECTION 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 [AND], 2018-2019 AND 2019-2020 FISCAL
YEARS, THE DEPARTMENT OF EDUCATION MAY UTILIZE UP TO [FIVE]
SEVEN MILLION DOLLARS [($5,000,000)] ($7,000,000) OF
UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
APPROPRIATIONS FOR GRANTS [AND], SUBSIDIES AND ASSESSMENTS MADE
TO THE DEPARTMENT OF EDUCATION TO ASSIST SCHOOL DISTRICTS
DECLARED TO BE IN FINANCIAL RECOVERY STATUS UNDER SECTION 621-A,
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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 2599.6(D) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 2599.6. READY-TO-LEARN BLOCK GRANT.--* * *
(A.1) FOR THE 2019-2020 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, EACH SCHOOL ENTITY SHALL RECEIVE A READY-TO-LEARN
BLOCK GRANT IN AN AMOUNT NOT LESS THAN THE AMOUNT RECEIVED BY
THE SCHOOL ENTITY FROM THE APPROPRIATION FOR THE READY-TO-LEARN
BLOCK GRANT DURING THE 2018-2019 FISCAL YEAR.
* * *
(D) [REVENUES] THE AMOUNT EQUAL TO THE REVENUES RECEIVED BY
A SCHOOL DISTRICT UNDER SUBSECTION (A)(2) SHALL NOT BE INCLUDED
IN THE SCHOOL DISTRICT'S BUDGETED TOTAL EXPENDITURE PER AVERAGE
DAILY MEMBERSHIP USED TO CALCULATE THE AMOUNT TO BE PAID TO A
CHARTER SCHOOL UNDER SECTION 1725-A(A)(2) AND (3).
* * *
SECTION 23. SECTION 2599.7 OF THE ACT IS AMENDED TO READ:
SECTION 2599.7. PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC
SCHOOL EMPLOYES' SOCIAL SECURITY.--(A) NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, BEGINNING IN THE 2016-
2017 FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, EACH EMPLOYER
SHALL SUBMIT A REPORT TO THE DEPARTMENT OF EDUCATION DOCUMENTING
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ALL WAGES FOR WHICH PAYMENTS ARE CALCULATED UNDER 24 PA.C.S. §
8329 (RELATING TO PAYMENTS ON ACCOUNT OF SOCIAL SECURITY
DEDUCTIONS FROM APPROPRIATIONS) FOR EACH QUARTER BY THE
TWENTIETH DAY OF THE MONTH FOLLOWING THE END OF THE QUARTER. A
SCHOOL DISTRICT THAT DOES NOT SUBMIT ITS REPORT BY THIS DEADLINE
SHALL BE PAID EITHER OUT OF THE SUPPLEMENTAL APPROPRIATION
REQUESTED IN SUBSECTION (C) OR THE EXCESS CALCULATED IN
SUBSECTION (D). THE DEPARTMENT SHALL REVIEW THE REPORT AND, IF
THE DEPARTMENT AGREES WITH THE AMOUNT REPORTED, SHALL PROCESS
AND SUBMIT A PAYMENT REQUISITION TO THE STATE TREASURER FOR THE
AMOUNT IN ORDER TO MAKE A PAYMENT TO EACH EMPLOYER THAT
SUBMITTED A TIMELY REPORT ON THE LAST THURSDAY OF THE MONTH
FOLLOWING THE SUBMISSION OF THE REQUIRED QUARTERLY REPORTS. AN
EMPLOYER THAT SUBMITS AN UNTIMELY REPORT SHALL BE PAID FOR THE
AMOUNT DUE BY THE DEPARTMENT IN A TIMELY MANNER AFTER THE
REQUIRED DOCUMENTATION HAS BEEN SUBMITTED. THE DEPARTMENT SHALL
PROVIDE A DATA FILE FOR EACH REPORTING PERIOD DETAILING THE
WAGES REPORTED BY EACH EMPLOYER AND THE PAYMENTS MADE TO THE
EMPLOYER FROM THE APPROPRIATION AND PROVIDE AN ELECTRONIC COPY
TO THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE
AND THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(B) FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, PAYMENT OF
THE AMOUNTS CALCULATED UNDER 24 PA.C.S. § 8329 (RELATING TO
PAYMENTS ON ACCOUNT OF SOCIAL SECURITY DEDUCTIONS FROM
APPROPRIATIONS) FOR SCHOOL DISTRICTS SHALL BE MADE FROM THE
APPROPRIATION FOR BASIC EDUCATION FUNDING.
(C) FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, IF
INSUFFICIENT FUNDS ARE AVAILABLE FOR PAYMENT OF THE AMOUNTS
CALCULATED UNDER 24 PA.C.S. § 8329 FOR SCHOOL DISTRICTS, THE
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DEPARTMENT OF EDUCATION SHALL NOTIFY THE GOVERNOR, THE CHAIRMAN
AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE
SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN 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.
(D) FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, IF THE
AMOUNT CALCULATED FOR PAYMENTS TO SCHOOL DISTRICTS UNDER 24
PA.C.S. § 8329 EXCEEDS THE AMOUNT NECESSARY, THE DEPARTMENT OF
EDUCATION SHALL NOTIFY THE GOVERNOR, THE CHAIRMAN AND MINORITY
CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
OF THE HOUSE OF REPRESENTATIVES OF THE AMOUNT OF THE EXCESS. AN
AMOUNT EQUAL TO THE EXCESS SHALL BE DISTRIBUTED TO SCHOOL
DISTRICTS AS A SUPPLEMENTAL PAYMENT CALCULATED UNDER THE FORMULA
CONTAINED IN SECTION 2502.53.
(E) THE NOTICE REQUIRED UNDER SUBSECTION (C) OR (D) SHALL
OCCUR NOT LATER THAN THIRTY (30) DAYS PRIOR TO THE CLOSE OF THE
APPLICABLE FISCAL YEAR.
SECTION 24. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2599.8. ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE EXAM FEES.--(A) COMMENCING WITH THE 2019-2020
SCHOOL YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE ADVANCED
PLACEMENT AND INTERNATIONAL BACCALAUREATE EXAM FEE ASSISTANCE TO
STUDENTS WITH FINANCIAL NEED.
(B) THE PER-EXAM COST CHARGED TO STUDENTS FOR AN EXAM SHALL
NOT EXCEED THE RATE PAID BY STUDENTS WITH FINANCIAL NEED FOR
ADVANCED PLACEMENT EXAMS DURING THE 2018-2019 SCHOOL YEAR.
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(C) A SCHOOL ENTITY OFFERING THE EXAM SHALL NOT ACCEPT ANY
REBATES FROM THE COLLEGE BOARD OR THE INTERNATIONAL
BACCALAUREATE DIPLOMA PROGRAM FOR STUDENTS WITH FINANCIAL NEED
THAT RECEIVE ASSISTANCE UNDER THIS SECTION, AND THE REBATE SHALL
BE CREDITED TOWARD THE EXAM FEE.
(D) AS USED IN THIS SECTION, THE TERM "A STUDENT WITH
FINANCIAL NEED" SHALL MEAN A STUDENT WHOSE ANNUAL HOUSEHOLD
INCOME IS NO GREATER THAN ONE HUNDRED EIGHTY-FIVE PERCENT (185%)
OF THE FEDERAL POVERTY LEVEL OR WHO IS IN FOSTER CARE, HOMELESS,
A MIGRANT, LIVING IN A HOUSEHOLD THAT RECEIVES BENEFITS UNDER
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM OR TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
SECTION 25. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XXVI-J
(RESERVED)
ARTICLE XXVI-K
FOSTERING INDEPENDENCE THROUGH EDUCATION
SECTION 2601-K. 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:
"ADOPTION." ADOPTION OF AN INDIVIDUAL WHO HAS BEEN IN THE
CARE AND CUSTODY OF A COUNTY AGENCY AND IN SUBSTITUTE CARE.
"AGENCY." THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
AGENCY.
"COUNTY AGENCY." THE TERM AS DEFINED UNDER 23 PA.C.S. § 6303
(RELATING TO DEFINITIONS).
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"DEPENDENT CHILD." THE TERM AS DEFINED UNDER 42 PA.C.S. §
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6302 (RELATING TO DEFINITIONS).
"FOSTERING INDEPENDENCE WAIVER." A WAIVER OF TUITION AND
MANDATORY FEES AT AN INSTITUTION OF HIGHER EDUCATION.
"INSTITUTION OF HIGHER EDUCATION." THE TERM INCLUDES ANY OF
THE FOLLOWING:
(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A.
(2) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER
EDUCATION.
(3) THE PENNSYLVANIA STATE UNIVERSITY, THE UNIVERSITY OF
PITTSBURGH, TEMPLE UNIVERSITY, LINCOLN UNIVERSITY OR ANY
OTHER INSTITUTION DESIGNATED AS STATE-RELATED BY THE
COMMONWEALTH.
(4) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
(5) A COLLEGE ESTABLISHED UNDER ARTICLE XIX-G.
(6) AN INSTITUTION OF HIGHER EDUCATION LOCATED IN AND
INCORPORATED OR CHARTERED BY THE COMMONWEALTH AND ENTITLED TO
CONFER DEGREES AS PROVIDED UNDER 24 PA.C.S. § 6505 (RELATING
TO POWER TO CONFER DEGREES) AND AS PROVIDED FOR BY THE
STANDARDS AND QUALIFICATIONS PRESCRIBED BY THE STATE BOARD OF
EDUCATION UNDER 24 PA.C.S. CH. 65 (RELATING TO PRIVATE
COLLEGES, UNIVERSITIES AND SEMINARIES).
(7) A PRIVATE SCHOOL LICENSED UNDER THE ACT OF DECEMBER
15, 1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE LICENSED
SCHOOLS ACT.
(8) A FOREIGN CORPORATION APPROVED TO OPERATE AN
EDUCATIONAL ENTERPRISE UNDER 22 PA. CODE CH. 36 (RELATING TO
FOREIGN CORPORATION STANDARDS).
"PERMANENT LEGAL CUSTODIAN." A PERSON TO WHOM LEGAL CUSTODY
OF A CHILD HAS BEEN GIVEN BY ORDER OF A COURT PURSUANT TO 42
PA.C.S. § 6351(A)(2.1) (RELATING TO DISPOSITION OF DEPENDENT
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CHILD).
"POC." THE POINT OF CONTACT DESIGNATED IN SECTION 2604-K.
"PROGRAM." THE FOSTERING INDEPENDENCE WAIVER PROGRAM
ESTABLISHED IN SECTION 2602-K.
"SUBSTITUTE CARE." OUT-OF-HOME PLACEMENT IN A SETTING THAT
PROVIDES 24-HOUR CARE FOR A DEPENDENT CHILD AS DEFINED IN 42
PA.C.S. § 6302 MADE PURSUANT TO AN ORDER OF THE COURT.
SECTION 2602-K. FOSTERING INDEPENDENCE WAIVER PROGRAM.
(A) ESTABLISHMENT.--THERE IS ESTABLISHED A FOSTERING
INDEPENDENCE WAIVER PROGRAM FOR INDIVIDUALS WHO SATISFY THE
ELIGIBILITY REQUIREMENTS UNDER SUBSECTION (C).
(B) AWARD.--BEGINNING WITH THE SEMESTER STARTING IN THE FALL
OF 2020, EACH INSTITUTION OF HIGHER EDUCATION SHALL AWARD A
FOSTERING INDEPENDENCE WAIVER FOR UNDERGRADUATE COURSES AT THE
INSTITUTION FOR EACH INDIVIDUAL WHO IS ELIGIBLE UNDER SUBSECTION
(C). THE FOSTERING INDEPENDENCE WAIVER SHALL HAVE SUBTRACTED
FROM IT THE AMOUNT OF ANY FEDERAL GRANTS, STATE GRANTS OR OTHER
SCHOLARSHIPS OR GRANTS THE INDIVIDUAL RECEIVES. AN INDIVIDUAL
SHALL RECEIVE A FOSTERING INDEPENDENCE WAIVER UNDER THIS ARTICLE
FOR FIVE YEARS, WHETHER OR NOT CONSECUTIVE, OR UNTIL THE
INDIVIDUAL REACHES 26 YEARS OF AGE, WHICHEVER OCCURS FIRST,
PROVIDED THAT THE INDIVIDUAL REMAINS ELIGIBLE UNDER SUBSECTION
(C).
(C) ELIGIBILITY.--IN ORDER TO RECEIVE A FOSTERING
INDEPENDENCE WAIVER UNDER THIS SECTION, AN INDIVIDUAL MUST B E A
CURRENT RESIDENT OF THIS COMMONWEALTH AND ELIGIBLE FOR THE
PENNSYLVANIA CHAFEE EDUCATION AND TRAINING GRANT PROGRAM UNDER
THE FOSTER CARE INDEPENDENCE ACT OF 1999 (PUBLIC LAW 106-169,
113 STAT. 1882) AS ADMINISTERED BY THE DEPARTMENT OF HUMAN
SERVICES.
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(D) ACCESSIBILITY.--THE DEPARTMENT SHALL WORK WITH THE
AGENCY AS WELL AS THE DEPARTMENT OF LABOR AND INDUSTRY AND THE
DEPARTMENT OF HUMAN SERVICES TO ENSURE THAT INDIVIDUALS ELIGIBLE
FOR THE PROGRAM UNDER SUBSECTION (C) APPLY FOR ALL AVAILABLE
FEDERAL AND STATE GRANTS.
SECTION 2603-K. OUTREACH.
(A) DUTIES OF DEPARTMENT.--THE DEPARTMENT, IN CONJUNCTION
WITH THE DEPARTMENT OF HUMAN SERVICES, SHALL DO ALL OF THE
FOLLOWING:
(1) BY JANUARY 1, 2020, AND JANUARY 1 EACH YEAR
THEREAFTER, PREPARE AND PROVIDE INFORMATION FOR DISSEMINATION
BY COUNTY AGENCIES, THE DEPARTMENT, THE DEPARTMENT OF HUMAN
SERVICES AND INSTITUTIONS OF HIGHER EDUCATION THAT:
(I) DESCRIBES THE AVAILABILITY OF THE PROGRAM
ESTABLISHED UNDER THIS ARTICLE.
(II) EXPLAINS HOW TO PARTICIPATE IN THE PROGRAM.
(III) INCLUDES INFORMATION ON ALL AVAILABLE FEDERAL
AND STATE GRANTS.
(2) ENSURE THAT ELIGIBLE INDIVIDUALS WHO MAY ALSO BE
ELIGIBLE FOR SERVICES AND PROGRAMS UNDER SECTION 1738-E OF
THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
FISCAL CODE, ARE INFORMED OF THESE SERVICES AND PROGRAMS.
(B) DUTIES OF INSTITUTIONS OF HIGHER EDUCATION.--EACH
INSTITUTION OF HIGHER EDUCATION SHALL DO ALL OF THE FOLLOWING:
(1) THROUGH THE POC REQUIRED UNDER SECTION 2604-K,
PROVIDE TECHNICAL ASSISTANCE TO INDIVIDUALS WHO ARE ELIGIBLE
UNDER SECTION 2602-K(C) IN COMPLETING ADMISSIONS APPLICATIONS
AND FINANCIAL AID APPLICATIONS.
(2) DISSEMINATE THE INFORMATION PREPARED UNDER
SUBSECTION (A)(1) TO RECIPIENTS OF A PENNSYLVANIA CHAFEE
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EDUCATION AND TRAINING GRANT UNDER THE FOSTER CARE
INDEPENDENCE ACT OF 1999 (PUBLIC LAW 106-169, 113 STAT. 1882)
WHO ARE INDIVIDUALS ELIGIBLE UNDER SECTION 2602-K(C) AND POST
THE INFORMATION PREPARED UNDER SUBSECTION (A)(1) ON THE
INSTITUTION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(3) TO IMPROVE RETENTION, REPORT TO THE DEPARTMENT BY
JUNE 30, 2021, AND JUNE 30 EACH YEAR THEREAFTER ALL OF THE
FOLLOWING:
(I) THE NUMBER OF STUDENTS RECEIVING A PENNSYLVANIA
CHAFEE EDUCATION AND TRAINING GRANT UNDER THE FOSTER CARE
INDEPENDENCE ACT OF 1999 (PUBLIC LAW 106-169, 113 STAT.
1882).
(II) THE NUMBER OF STUDENTS WHO APPLY FOR THE
PROGRAM.
(III) THE NUMBER OF STUDENTS PARTICIPATING IN THE
PROGRAM.
(IV) THE RETENTION RATES OF STUDENTS PARTICIPATING
IN THE PROGRAM.