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PRINTER'S NO. 467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
462
Session of
2019
INTRODUCED BY PHILLIPS-HILL, FOLMER, MENSCH, J. WARD, HUTCHINSON
AND WHITE, MARCH 21, 2019
REFERRED TO EDUCATION, MARCH 21, 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 preliminary provisions, repealing
provisions relating to report of racial and ethnic groupings
and to study of public schools that provide Internet
instruction; in school districts, repealing provisions
relating to corporate seal, to submission of plans, to
approval of plans, to disapproval of plans, to Department of
Public Instruction to prepare plans, to establishment of
reorganized school districts and to advance establishment; in
duties and powers of boards of school directors, repealing
provisions relating to special school watchmen-school
districts in townships of the second class, to copies of
school laws and to educational broadcasting; in grounds and
buildings, repealing provisions relating 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 and to condition of grounds and shade trees; in
certification of teachers, repealing provisions relating to
summer schools, etc.; in pupils and attendance, repealing
provisions relating to possession of telephone pagers
prohibited, to nonprofit school food program, to antitruancy
programs and to medical care for children under six with
defective hearing; in safe schools, repealing provisions
relating to report; in school health services, repealing
provisions relating to care and treatment of pupils and to
local wellness policy; in terms and courses of study, further
providing for fire and emergency evacuation drills; repealing
provisions relating to foreign language academies, to monthly
reports to school directors of the districts second, third
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and fourth class, to read to succeed program and to
department duties and powers; in vocational education,
further providing for duties of State Board for Vocational
Education and reports, repealing provisions relating to
schools or classes, supervisors, principals, instructors,
etc., to estimate of expenses and reimbursements and
appropriations and to teachers of evening schools; in
Thaddeus Stevens College of Technology, further providing for
powers and duties of the board of trustees and repealing
provisions relating to annual report; in transfers of credits
between institutions of higher education, repealing
provisions relating to duties of public institutions of
higher education; repealing provisions relating to medical
education loan assistance; in reimbursements by Commonwealth
and between school districts, repealing provisions relating
to special study on the revenue impact of out-of-State tax
credits; and, in the State Board of Education, repealing
provisions relating to powers and duties of the board and to
reports and recommendations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 112, 113, 212, 292, 293, 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 and 1422.1 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
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
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and any technical assistance services to be provided by the
Department of Education to school districts.
Section 113. Study of Public Schools that Provide Internet
Instruction.--(a) The Department of Education shall conduct a
study of public schools that provide instruction primarily
through the Internet. The study shall include:
(1) a review of academic accountability methods and systems;
(2) a summary of governance structures, approval processes
and oversight mechanisms of each public school that provides
instruction primarily through the Internet;
(3) an analysis and verification of the actual and
reasonable instructional cost per student for each public school
that provides instruction primarily through the Internet; and
(4) recommendations regarding funding alternatives.
(b) The Department of Education shall prepare a report that
includes its findings and recommendations from the study and
shall provide the report to the chairman and the minority
chairman of the Education Committee of the Senate and the
chairman and minority chairman of the Education Committee of the
House of Representatives by October 30, 2001.
(c) In the event that the report required under subsection
(b) is not provided by October 30, 2001, no school district
shall pay to any public school that provides instruction
primarily through the Internet an amount to exceed two thousand
dollars ($2,000) per resident student enrolled.
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 ........................,
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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
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
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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 293. Approval of Plans.--(a) When any plan of
organization of administrative units for a county is found to
conform to the standards for approval of administrative units
adopted by the State Board of Education, the Department of
Public Instruction shall cause such plan to be placed upon the
agenda of the Council of Basic Education. The Council of Basic
Education shall review all plans placed upon its agenda, and
approve such plans as it deems wise in the best interests of the
educational system of the Commonwealth. Except as hereinafter
provided, no plan of organization of administrative units shall
be approved in which any proposed school district contains a
pupil population of less than four thousand (4,000), unless when
factors of topography, pupil population, community
characteristics, transportation of pupils, use of existing
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school buildings, existing administrative units, potential
population changes and the capability of providing a
comprehensive program of education are considered by the Council
of Basic Education as requiring the approval of a plan of
organization of administrative units in which one or more
proposed school districts contains a pupil population of less
than four thousand (4,000). (b) A plan of organization of
administrative units for a county shall be approved by the
Council of Basic Education, if the plan contains (i) no unit
with a pupil population less than that of the unit with the
smallest pupil population in the last previous county-wide plan
submitted to and approved by the State Council of Education
prior to September 12, 1961, and (ii) no more units than were in
the aforesaid county-wide plan plus an additional unit for each
second class district which was not required to be a part of
such county-wide plan and which was not included in an
administrative unit thereof. (c) Pupil population as used in
this section shall mean the average daily membership for the
school year 1961-1962 including kindergarten or grade one
through grade twelve.
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
Education for a county prior to January 1, 1965, the Department
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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
Basic Education shall constitute and be deemed established as
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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
composing the administrative unit have filed resolutions with
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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
broadcasting facilities in the Commonwealth and shall define
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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 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 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
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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
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.
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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
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.
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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
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
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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
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 1414. Care and Treatment of Pupils.--Any school
district or joint school board may provide for the care and
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treatment of defective eyes, ears and teeth of all children of
school age within the district.
Section 1422.1. Local Wellness Policy.--(a) Not later than
the first day of the school year beginning after June 30, 2006,
each local education agency shall, pursuant to section 204 of
the Child Nutrition and WIC Reauthorization Act of 2004 (Public
Law 108-265, 118 Stat. 729), establish a local wellness policy
for schools within the local education agency.
(c) A local education agency may submit its local wellness
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 2. Section 1517(d) and (e) of the act are amended to
read:
Section 1517. Fire and Emergency Evacuation Drills.--* * *
(d) (1) All school entities using or contracting for school
buses for the transportation of school children shall conduct on
school grounds two emergency evacuation drills on buses during
each school year, the first to be conducted during the first
week of the first school term and the second during the month of
March, and at such other times as the chief school administrator
may require. Each such drill shall include the practice and
instruction concerning the location, use and operation of
emergency exit doors and fire extinguishers and the proper
evacuation of buses in the event of fires or accidents.
(2) Bus operators shall be provided with proper training and
instructions to enable them to carry out the provisions of this
subsection and may be required to attend classes and drills in
connection therewith.
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[(e) On or before the tenth day of April of each year, each
chief school administrator shall certify to the Department of
Education that the emergency evacuation drills and school
security drills herein required have been conducted in
accordance with this section.]
* * *
Section 3. Sections 1522, 1534, Article XV-B heading, 1501-
B, 1502-B, 1503-B, 1504-B, 1505-B and 1503-E(10) of the act are
repealed:
[Section 1522. Foreign Language Academies.--(a) The
Department of Education shall establish a summer foreign
language academy grant program utilizing Federal education funds
and matching grants for students in this Commonwealth. To the
greatest extent possible, the department shall establish
guidelines for the programs which involve the universities and
colleges, local school districts and intermediate units. Those
students who are to participate in the program shall be selected
by the local school districts.
(b) At least one summer foreign language academy shall be in
operation by the summer of 1993.
(c) The department shall prepare an annual report of the
summer foreign language academies program which shall be
submitted to the Governor, the Education Committee of the Senate
and the Education Committee of the House of Representatives.
Section 1534. Monthly Reports to School Directors; Districts
Second, Third and Fourth Class.--In school districts of the
second, third and fourth class every teacher employed in the
public schools shall, at the end of each school month, or within
five days thereafter, make a report for the past month to the
board of school directors. Such reports shall state correctly
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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
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:
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(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.
(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.
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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
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 4. Section 1803 of the act is amended to read:
Section 1803. Duties of State Board for Vocational
Education; Reports.--The State Board for Vocational Education is
hereby authorized and directed to investigate and to aid in the
introduction of vocational industrial, vocational agricultural,
vocational homemaking, vocational distributive and vocational
business and office occupational education; to assist in the
establishment of schools and departments for said forms of
education, and to inspect and approve such schools or
departments as are hereinafter provided. [The State Board for
Vocational Education shall make a report annually to the
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Governor and Legislature describing the condition and progress
of vocational industrial, vocational agricultural, vocational
homemaking, vocational distributive and vocational business and
office occupational education during the year, and shall also
make such recommendations as the board may deem advisable.]
Section 5. Sections 1804, 1811 and 1923 of the act are
repealed:
[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
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
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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 6. Section 1906.1-B(c) of the act is amended to
read:
Section 1906.1-B. Powers and Duties of the Board of
Trustees.--* * *
(c) The board of trustees shall coordinate, review and
approve the annual capital budget requirements of the college
and the annual operating budget of the college. It shall present
these annual budgets with comments to the Secretary of Education
for presentation to the State Board of Education. [The State
Board of Education shall return such budget requests,
recommending approval or disapproval, with comments, if any, to
the Secretary of Education prior to their submission to the
Secretary of the Budget.] The board of trustees may also submit
its budget recommendations and findings to the General Assembly
subsequent to the submission of the Governor's budget to the
General Assembly.
* * *
Section 7. Sections 1916-B, 2002-C(b), Article XXII-A
heading, Subdivision (a) heading, 2201-A, 2202-A, 2203-A,
Subdivision (b) heading, 2211-A, 2212-A, 2213-A, 2214-A,
Subdivision (c) heading, 2231-A, 2232-A, 2233-A, 2234-A, 2596,
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2603-B(c), (d)(4) and (10) and (h) and 2605-B of the act are
repealed:
[Section 1916-B. Annual Report.--The board of trustees shall
be required to submit a report to the Governor, the
Appropriations Committee and Education Committee of the Senate
and the Appropriations Committee and Education Committee of the
House of Representatives and the State Board of Education, no
later than September 1, which shall cover the twelve-month
period beginning with the summer term of the preceding year and
shall include:
(1) The definitions and number of faculty members and staff
employed full time, the number of faculty members and staff
employed part time, the number of full-time students enrolled
and the number of part-time students enrolled.
(2) The total number of credit hours taught and the minimum
number of credit hours required for graduation.
(3) The degrees and programs offered by the institution.
(4) The total number of graduates and the total number of
graduates by degree or program.
(5) The number of terms scheduled and dates thereof.]
Section 2002-C. Duties of public institutions of higher
education.
* * *
[(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.]
* * *
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[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
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.
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"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.
"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.
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"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
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
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eligible applicants to attend an accredited medical college or
an approved institution of higher learning.
(b) Loan Guarantor Program.--The Loan Guarantor Program
shall provide for the following:
(1) Life of loan servicing.
(2) Contracting for insurance with a guarantor, approved
by the agency, which offers a low-cost loan with competitive
interest rates and loan fees to eligible applicants.
(3) Predetermining the eligibility of applicants who
receive a loan from an offeror to attend an accredited
medical school or an approved institution of higher learning
that is insured by a guarantor.
(4) Evaluating the benefit package of a guarantor for
adequacy, accessibility and availability of funds necessary
to provide adequate loss prevention.
(c) Low-cost loans.--An eligible applicant shall apply to an
offeror for a low-cost loan to attend an accredited medical
college or an approved institution of higher learning. A low-
cost loan made under this subsection shall be guaranteed by an
approved guarantor through a contract with the agency. Low-cost
loans made under this subsection shall provide reduced interest
rates and loan fees to eligible applicants compared to loans
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
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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
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
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(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
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
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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
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
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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
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
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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. ยง 8127 (relating to
personal earnings exempt from process), the agency may seek
garnishment of wages in order to collect the amount of the
loan following default under paragraph (3)(vii).
Section 2214-A. Tax applicability.
Loan forgiveness repayments received by a student shall not
be considered taxable income for purposes of Article III of the
act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
of 1971.
(c) Miscellaneous Provisions.
Section 2231-A. Annual report.
(a) Development of report.--The agency shall publish a
report by September 1, 2002, and every year thereafter for the
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
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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.
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
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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 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.
(c) The Secretary of Education shall present a report
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
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Committee no later than April 1, 1989.]
Section 2603-B. Powers and Duties of the Board.--* * *
[(c) The board shall develop an annual operating budget,
including projected operating expenses of the Professional
Standards and Practices Commission. It shall include salaries
for staff, office materials and equipment, and all expenses for
the operation of the board and commission. This budget shall be
presented to the Secretary of Education. Upon adoption of the
general appropriations act, the department shall notify the
board of the amount of its allocation.]
(d) The board shall also have the authority and duty to:
* * *
[(4) (i) apply for, receive and administer, subject to any
applicable regulations or laws of the Federal Government or any
agency thereof, any Federal grants, appropriations, allocations
and programs for the development of academic facilities on
behalf of the Commonwealth, any of its school districts or any
institution of higher education, public or private, within this
Commonwealth;
(ii) subject to criteria developed by the Secretary of
Education and subject to any applicable regulations or laws of
the Federal Government or any agency thereof, to develop, alter,
amend and submit to the Federal Government State plans for
participation in Federal grants, appropriations, allocations and
programs for the development of academic facilities and to make
regulations, criteria, methods, forms, procedures and to do all
other things which may be necessary to make possible the
participation of the Commonwealth in such Federal grants,
appropriations, allocations and programs for the development of
academic facilities;
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(iii) hold hearings, issue subpoenas and render decisions as
to the priority assigned to any project, or as to any other
matter or determination affecting any applicant for Federal
grants, appropriations, allocations and programs for the
development of academic facilities;
(iv) adopt rules or procedures and prescribe regulations for
the submission to it of all matters within its jurisdiction; and
(v) submit, annually, to the Governor, on or before the
first Monday of December, a report of its proceedings during
that year, together with such recommendations as the board shall
deem necessary;]
* * *
[(10) (i) Approve or disapprove standards proposed by the
department in order to comply with the provisions of the No
Child Left Behind Act of 2001 to maintain the eligibility of
this Commonwealth to receive Federal funding for education
programs. The board shall approve or disapprove the standards
within 30 days of submission to the board's office or at its
next scheduled meeting, whichever is sooner. Failure of the
board to approve or disapprove the standards within the time
established under this section shall be deemed an approval of
the standards.
(ii) Standards promulgated under this section shall be
deposited with the Pennsylvania Bulletin for publication.]
* * *
[(h) Every five (5) years, the board shall adopt a master
plan for higher education which shall be for the guidance of the
Governor, the General Assembly, and all institutions of higher
education financed wholly or in part from State appropriations.
The master plan shall:
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(1) define the role of each type of institution (State-owned
universities, State-related universities, community colleges,
private colleges and universities and off-campus centers of any
of these and other institutions authorized to grant degrees) in
this Commonwealth;
(2) recommend enrollment levels for each such institution;
(3) recommend methods for governance;
(4) recommend methods for the distribution of State funds
among the institutions;
(5) evaluate the status of physical plants and technical
equipment and project needs;
(6) evaluate the status of and projection of manpower needs;
(7) evaluate enrollment accessibility to institutions of
higher learning by the public; and
(8) otherwise provide for an orderly development of
institutions of higher education in this Commonwealth.]
* * *
[Section 2605-B. Reports and Recommendations.--(a) Annually
in January, the board shall submit a comprehensive report of its
activities to the Governor and the General Assembly together
with its recommendations for improvements in education in this
Commonwealth. The board's report shall include a statement
outlining the expected benefits and projected costs of any
recommended course of action. The report shall also include
information regarding the ongoing review of the Master Plan for
Higher Education and the Master Plan for Basic Education and
list any projected changes.
(b) As it deems appropriate and necessary, the board may
make reports and requests to the General Assembly on such issues
as, pending legislation, proposed legislation, educational
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policy, and any other programs or issues of which the board
believes the General Assembly should be aware.]
Section 8. This act shall take effect in 60 days.
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