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HOUSE AMENDED
A06869
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1216
Session of
2020
INTRODUCED BY LANGERHOLC, STEFANO, MENSCH, PHILLIPS-HILL,
J. WARD, AUMENT, PITTMAN, REGAN, BROWNE, TARTAGLIONE,
KILLION, SABATINA, VOGEL, SCAVELLO, BOSCOLA, COLLETT, BLAKE,
SANTARSIERO, BAKER, IOVINO, MUTH, BREWSTER, HUGHES AND
MASTRIANO, JUNE 19, 2020
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, AUGUST 20, 2020
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in certification of teachers, FURTHER
PROVIDING FOR INSTRUCTIONAL CERTIFICATE GRADE SPANS AND AGE
LEVELS AND DUTIES OF DEPARTMENT AND providing for special
provisions applicable to 2020-2021 school year; and, in
school health services, further providing for
confidentiality, transference and removal of health records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
SECTION 1. SECTION 1202.1(A) OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1202.1. INSTRUCTIONAL CERTIFICATE GRADE SPANS AND
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AGE LEVELS AND DUTIES OF DEPARTMENT.--(A) THE FOLLOWING SHALL
APPLY TO SPECIAL EDUCATION CERTIFICATES:
* * *
(1.1) NOTWITHSTANDING PARAGRAPH (1), A TEACHER PREPARATION
PROGRAM MAY PERMIT AN INDIVIDUAL ENROLLED AT AN INSTITUTION OF
HIGHER EDUCATION OR IN AN APPROVED ALTERNATIVE PREPARATION
PROGRAM PRIOR TO DECEMBER 31 2021, AND WHO REMAINS CONTINUOUSLY
ENROLLED TO COMPLETE THE PROGRAM FOR THE GRADE LEVEL LIMITATIONS
PROVIDED UNDER 22 PA. CODE § 49.85(A) AND (B). THE DEPARTMENT
MAY ISSUE THE APPROPRIATE SPECIAL EDUCATION-PK-8 OR SPECIAL
EDUCATION-7-12 CERTIFICATES TO AN APPLICANT WHO COMPLETES THE
PROGRAM AND MEETS ALL OTHER CERTIFICATION REQUIREMENTS.
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
Section 1207.4. Special Provisions Applicable to 2020-2021
School Year.--(a) Beginning on the effective date of this
subsection and notwithstanding any other provision of law to the
contrary, the Secretary of Education may do any or all of the
following:
(1) Waive the requirement to satisfactorily complete the
assessment of basic skills required under section 1207.3 and 22
Pa. Code § 49.18(c) (relating to assessment) during the 2020-
2021 school year. This paragraph shall expire June 30, 2021.
(2) Issue a temporary provisional certificate to an educator
who has completed a preparation program and meets all
requirements for certification except the satisfactory
completion of the assessments required pursuant to 22 Pa. Code §
49.18(c) because the assessments were canceled or could not be
scheduled. A temporary provisional certificate issued under this
paragraph shall expire after one year of issuance and may be
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converted to a Level I Pennsylvania certificate upon submission
of evidence of satisfactory completion of the required
assessments to the Department of Education. This paragraph shall
expire on June 30, 2021.
(3) Issue an exceptional case permit for a professional
employe at the request of a school entity that employs the
professional employe who completed the final year of Level I
Pennsylvania certificate validity in the 2019-2020 school year
and who was unable to complete the assessment requirements for
conversion to a Level II Pennsylvania certificate under 22 Pa.
Code § 49.18(a)(2)(iii) because the assessments were canceled or
could not be scheduled. The exceptional case permit shall expire
one year from the date of issuance. This paragraph shall expire
June 30, 2021.
(4) Issue a temporary certificate to an individual who is
unable to complete the appropriate subject matter test for areas
other than health and physical education, cooperative education,
all special education areas and additional areas as may be
determined by the Department of Education under 22 Pa. Code §
49.18(e) when the Department of Education determines that the
relevant assessment has been canceled or could not be scheduled.
An individual who provides evidence as required by the
Department of Education indicating that the individual attempted
to access testing and was denied registration may be eligible
for issuance of a temporary certificate under this paragraph.
The temporary certificate shall expire one year from the date of
issuance and may be converted to a full instructional
certificate by providing proof of satisfactory achievement on
the required test to the Department of Education. This paragraph
shall expire June 30, 2021.
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(b) Beginning on the effective date of this subsection and
notwithstanding any other provision of law to the contrary, the
deadline by which any paraprofessional employed by a school
entity as of March 13, 2020, must satisfy staff development
activity hour requirements under 22 Pa. Code § 14.105 (relating
to personnel) shall be extended until June 30, 2021. This
subsection shall expire one year from the effective date of this
subsection.
Section 3. Section 1409 of the act is amended by adding a
subsection to read:
Section 1409. Confidentiality, Transference and Removal of
Health Records.--* * *
(d) The following apply:
(1) The Department of Health or the local board or
department of health shall report to a school entity any
positive or presumptive case of COVID-19 that occurs in a
student or an employee of a school entity, in a provider of
services or contractor who works at the school entity or in an
individual who volunteers at the school entity, including any
individual who coaches or advises an extracurricular activity
sponsored by the school entity. Within twenty-four (24) hours of
receipt of the information of a positive case of COVID-19 in an
employee, a student, a contractor or a volunteer of the school
entity under this paragraph, the school entity shall notify
employees, contractors, volunteers and the parents of the
students who work, volunteer or receive instruction in the same
school building or on the same school property as the COVID-19-
positive employee, contractor, volunteer or student of the
existence of the COVID-19-positive employee, contractor,
volunteer or student. The school entity shall provide
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educational support to students who are not permitted to receive
instruction at the school entity due to a positive or
presumptive case of COVID-19 within the school entity.
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this paragraph:
"COVID-19" means the novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
"Local board or department of health" means as the term is
defined in section 2(f) of the act of April 23, 1956 (1955
P.L.1510, No.500), known as the "Disease Prevention and Control
Law of 1955."
" School entity" means any school district, intermediate unit,
career and technical center, charter school, regional charter
school, cyber charter school, private or nonpublic school.
Section 2 3 4. This act shall take effect immediately. AS
FOLLOWS:
(1) THE AMENDMENT OF SECTION 1202.1(A) SHALL TAKE EFFECT
IN 60 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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