Bill Text: PA HB11 | 2009-2010 | Regular Session | Amended


Bill Title: In duties and powers of boards of school directors, establishing parent involvement programs and policies in school districts; in school finances, providing for workers' compensation, and further providing for annual budget and for limitation on certain unreserved fund balances; in grounds and buildings, further providing for referendum or public hearing required prior to construction or lease; providing for certification of teachers by the National Board for Professional Teaching Standards; in certification of teachers, further providing for certificates qualifying persons to teach and for kinds of State certificates; providing for residency certificates, and further providing for disqualifications; in pupils and attendance, providing for use of seclusion; further providing for compulsory school attendance and for exceptions to compulsory attendance; providing for interview reports for withdrawing and illegally absent students; further providing for cost of tuition and maintenance of certain exceptional children in approved institutions and in the four charter schools for education of the deaf and blind; and providing for emergency permits at approved private schools and chartered schools for the deaf and blind; in school health services, further providing for possession and use of asthma inhalers and epinephrine and auto-injectors; in high schools, further providing for academic degrees; in charter schools, further providing for funding for charter schools and for annual reports and assessments; in education empowerment act, further providing for education empowerment districts and for mandate waiver program; in educational improvement tax credit, further providing for definitions, for tax credit and for limitations; in transfers of credits between institutions of higher education, further providing for duties of public institutions of higher education, for transfer and articulation oversight committee and for participation by independent institutions of higher education or State-related institutions; in funding for public libraries, providing for state aid for 2009-2010; in reimbursement by Commonwealth and between school districts, further providing for definitions, for basic education funding for student achievement and for accountability to Commonwealth taxpayers, and for payments to intermediate units; and providing for special education funding for student achievement and instruction of eligible students in regular classrooms and for special education accountability to Commonwealth taxpayers.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-09-11 - Re-committed to APPROPRIATIONS [HB11 Detail]

Download: Pennsylvania-2009-HB11-Amended.html

  

 

PRIOR PRINTER'S NO. 2488

PRINTER'S NO.  2543

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

11

Session of

2009

  

  

INTRODUCED BY ROEBUCK, McCALL, EACHUS AND STURLA, JULY 20, 2009

  

  

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, AUGUST 4, 2009   

  

  

  

AN ACT

  

1

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

<--

2

act relating to the public school system, including certain

3

provisions applicable as well to private and parochial

4

schools; amending, revising, consolidating and changing the

5

laws relating thereto," in duties and powers of boards of

6

school directors, establishing parent involvement programs

7

and policies in school districts; in school finances,

8

providing for workers' compensation, and further providing

9

for annual budget and for limitation on certain unreserved

10

fund balances; in grounds and buildings, further providing

11

for referendum or public hearing required prior to

12

construction or lease; providing for certification of

13

teachers by the National Board for Professional Teaching

14

Standards; in certification of teachers, further providing

15

for certificates qualifying persons to teach and for kinds of

16

State certificates; providing for residency certificates, and

17

further providing for disqualifications; in pupils and

18

attendance, providing for use of seclusion; further providing

19

for compulsory school attendance and for exceptions to

20

compulsory attendance; providing for interview reports for

21

withdrawing and illegally absent students; further providing

22

for cost of tuition and maintenance of certain exceptional

23

children in approved institutions and in the four charter

24

schools for education of the deaf and blind; and providing

25

for emergency permits at approved private schools and

26

chartered schools for the deaf and blind; in school health

27

services, further providing for possession and use of asthma

28

inhalers and epinephrine and auto-injectors; in charter

29

schools, further providing for funding for charter schools,

30

for academic degrees and for annual reports and assessments;

31

in education empowerment act, further providing for education

32

empowerment districts and for mandate waiver program; in

33

educational improvement tax credit, further providing for

34

definitions, for tax credit and for limitations; in transfers

 


1

of credits between institutions of higher education, further

2

providing for duties of public institutions of higher

3

education, for transfer and articulation oversight committee

4

and for participation by independent institutions of higher

5

education or State-related institutions; in funding for

6

public libraries, providing for state aid for 2009-2010; in

7

reimbursement by Commonwealth and between school districts,

8

further providing for definitions, for basic education

9

funding for student achievement and for accountability to

10

Commonwealth taxpayers, and for payments to intermediate

11

units; and providing for special education funding for

12

student achievement and instruction of eligible students in

13

regular classrooms and for special education accountability

14

to Commonwealth taxpayers.

15

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

<--

16

act relating to the public school system, including certain

17

provisions applicable as well to private and parochial

18

schools; amending, revising, consolidating and changing the

19

laws relating thereto," in duties and powers of boards of

20

school directors, establishing parent involvement programs

21

and policies in school districts; in school finances,

22

providing for workers' compensation, and further providing

23

for annual budget and for limitation on certain unreserved

24

fund balances; in grounds and buildings, further providing

25

for referendum or public hearing required prior to

26

construction or lease; providing for certification of

27

teachers by the National Board for Professional Teaching

28

Standards; in certification of teachers, further providing

29

for certificates qualifying persons to teach and for kinds of

30

State certificates; providing for residency certificates, and

31

further providing for disqualifications; in pupils and

32

attendance, providing for use of seclusion; further providing

33

for compulsory school attendance and for exceptions to

34

compulsory attendance; providing for interview reports for

35

withdrawing and illegally absent students; further providing

36

for cost of tuition and maintenance of certain exceptional

37

children in approved institutions and in the four charter

38

schools for education of the deaf and blind; and providing

39

for emergency permits at approved private schools and

40

chartered schools for the deaf and blind; in school health

41

services, further providing for possession and use of asthma

42

inhalers and epinephrine and auto-injectors; in high schools,

43

further providing for academic degrees; in charter schools,

44

further providing for funding for charter schools and for

45

annual reports and assessments; in education empowerment act,

46

further providing for education empowerment districts and for

47

mandate waiver program; in educational improvement tax

48

credit, further providing for definitions, for tax credit and

49

for limitations; in transfers of credits between institutions

50

of higher education, further providing for duties of public

51

institutions of higher education, for transfer and

52

articulation oversight committee and for participation by

53

independent institutions of higher education or State-related

54

institutions; in funding for public libraries, providing for

55

state aid for 2009-2010; in reimbursement by Commonwealth and

56

between school districts, further providing for definitions,

57

for basic education funding for student achievement and for

58

accountability to Commonwealth taxpayers, and for payments to

59

intermediate units; and providing for special education

60

funding for student achievement and instruction of eligible

- 2 -

 


1

students in regular classrooms and for special education

2

accountability to Commonwealth taxpayers.

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby enacts as follows:

5

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

<--

6

as the Public School Code of 1949, is amended by adding sections

7

to read:

8

Section 528.  Parent Involvement Programs and Policies.--(a)

9

The board of school directors in a school district of the first

10

class, first class A, second class, third class or fourth class

11

shall establish a parent involvement program, parent involvement

12

policy and parent involvement committee. No school entity shall

13

be required to establish a new program or policy under this

14

section if one currently exists and reasonably fulfills the

15

requirements of this section.

16

(b)  A parent involvement program established by a board of

17

school directors shall include the following:

18

(1)  Identification of existing resources, activities or

19

materials in the school district that may be used by parents to

20

improve the academic achievement of students in the school

21

district.

22

(2)  Identification of existing resources, activities or

23

materials in the school district that may be used by parents to

24

improve or supplement techniques used by parents at home to

25

support and improve the academic achievement of students in the

26

school district.

27

(3)  Identification of a districtwide system of communicating

28

information between parents and school officials regarding the

29

curriculum, academic goals and strategic plan of the school

30

district.

31

(4)  Identification of any supplemental academic services

- 3 -

 


1

available to students whose score on any Pennsylvania System of

2

School Assessment test is below proficient.

3

(5)  Identification of any mechanism through which parents

4

can provide recommendations to the board of school directors

5

regarding programs that may improve the academic achievement of

6

students in the school district.

7

(6)  Identification of any mechanism through which the school

8

district can provide information to parents regarding resources,

9

activities or materials in the school district that may be used

10

by parents to improve the academic achievement of their

11

students.

12

(c)  A parent involvement policy established by a board of

13

school directors shall include the following:

14

(1)  Identification of goals and objectives for the

15

involvement of parents in the improvement of the academic

16

achievement of students in the school district.

17

(2)  Identification of specific strategies to meet the goals

18

and objectives required under paragraph (1).

19

(3)  Explanation of the resources, activities, materials and

20

mechanisms identified in the parent involvement program.

21

(4)  Explanation of the role of the parent involvement

22

committee established under subsection (d).

23

(d)  A parent involvement committee established by a board of

24

school directors shall consist of parents of students enrolled

25

in the school district and shall be responsible for providing

26

the board of school directors with recommendations on the school

27

district's parent involvement program and parent involvement

28

policy. If a school district currently has established a

29

committee of parents that makes recommendations on school

30

policies, the board of school directors may utilize that

- 4 -

 


1

committee to meet the requirements of this subsection.

2

(e)  A board of school directors shall provide for the

3

publication and dissemination of information related to the

4

school district's parent involvement program and parent

5

involvement policy. The board of school directors shall:

6

(1)  Make the parental involvement policy available on its

7

publicly accessible Internet website, if available.

8

(2)  Make copies of the parent involvement program and parent

9

involvement policy available for inspection in the

10

administrative office of the school district and provide copies

11

upon request.

12

(3)  Provide copies of the parent involvement program and

13

parent involvement policy to the Department of Education no

14

later than sixty (60) days from the effective date of this

15

section.

16

Section 615.  Workers' Compensation Safety Committee.--(a)

17

Each school district shall have and maintain a certified safety

18

committee by December 31, 2010, for the purposes of section

19

1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as

20

the "Workers' Compensation Act." The Department of Labor and

21

Industry shall annually provide the Department of Education with

22

the list of school districts who have a certified safety

23

committee. In the case of a school district that does not comply

24

with this section, the Department of Education shall annually

25

deduct from any allocation from the Commonwealth to which the

26

school district is entitled the amount of the discount the

27

school district would otherwise receive under section 1002(b) of

28

the "Workers' Compensation Act."

29

(b)  This section shall not apply to a school district that

30

cannot receive a premium discount under section 1002(b) of the

- 5 -

 


1

"Workers' Compensation Act," or an equivalent reduction in

2

contribution rates, by establishing and maintaining a certified

3

safety committee because it is authorized to self-insure its

4

liabilities under section 305 of the "Workers' Compensation Act"

5

or pool its liabilities under section 802 of the "Workers'

6

Compensation Act."

7

Section 2.  Section 687(j) of the act, amended July 9, 2008

8

(P.L.846, No.61), is amended to read:

9

Section 687.  Annual Budget; Additional or Increased

10

Appropriations; Transfer of Funds.--

11

(j)  Notwithstanding any other provisions of this act, the

12

board of school directors of each school district may reopen its

13

2003-2004 budget, its 2004-2005 budget, its 2005-2006 budget,

14

its 2006-2007 budget, its 2007-2008 budget [or], its 2008-2009

15

budget, or its 2009-2010 budget to reflect any State allocations

16

for fiscal year 2003-2004, fiscal year 2004-2005, fiscal year

17

2005-2006, fiscal year 2006-2007, fiscal year 2007-2008 [or], 

18

fiscal year 2008-2009, or fiscal year 2009-2010 provided by the

19

General Assembly through this act.

20

Section 3.  Section 688(c) of the act, added December 23,

21

2003 (P.L.48), is amended and the section is amended by adding a

22

subsection to read:

23

Section 688.  Limitations on Certain Unreserved Fund

24

Balances.--* * *

25

(b.1)  A school district may designate some or all of its

26

estimated unreserved fund balance for the purpose of making

27

payments to the fund under 24 Pa.C.S. § 8327 (relating to

28

payments by employers) in advance of a projected increase in the

29

employer contribution rate calculated under 24 Pa.C.S. § 8328

30

(relating to actuarial cost method).

- 6 -

 


1

(c)  As used in this section[, "estimated]:

2

"Estimated ending unreserved, undesignated fund balance"

3

shall mean that portion of the fund balance which is

4

appropriable for expenditure or not legally or otherwise

5

segregated for a specific or tentative future use, projected for

6

the close of the school year for which a school district's

7

budget was adopted and held in the General Fund accounts of the

8

school district.

9

"Fund" shall mean the Public School Employees' Retirement

10

Fund.

11

Section 4.  Section 701.1 of the act, amended July 4, 2004

12

(P.L.536, No.70), is amended to read:

13

Section 701.1.  Referendum or Public Hearing Required Prior

14

to Construction or Lease.--Except where the approval of the

15

electors is obtained to incur indebtedness to finance the

16

construction of a school project, the board of school directors

17

of any school district of the second, third or fourth classes,

18

shall not construct, enter into a contract to construct or enter

19

into a contract to lease a new school building or substantial

20

addition to an existing school building without the consent of

21

the electors obtained by referendum or without holding a public

22

hearing as hereinafter provided. In the event that a new school

23

building or a substantial addition to an existing building is to

24

be constructed or leased, the school board shall, by a majority

25

vote of all its members, authorize a maximum project cost and a

26

maximum building construction cost to be financed by the

27

district or amortized by lease rentals to be paid by the

28

district. Building construction cost shall consist of the cost

29

of all building construction including general construction

30

costs, plumbing, heating, electrical, ventilating and other

- 7 -

 


1

structural costs, equipment and fixtures and architectural and

2

engineering fees relating thereto, but not including costs for

3

site acquisition and development, rough grading to receive the

4

building, sewage treatment facilities or equivalent capital

5

contributions, and architectural and engineering fees relating

6

thereto. Building construction cost shall not include any

7

additional costs incurred to meet certification requirements of

8

a green building standard. In all cases, a public hearing shall

9

be held not later than thirty (30) days before the school

10

district submits the initial building construction cost and 

11

green building standard cost estimates to the Department of

12

Education for approval. Notice of the hearing shall be given not

13

later than twenty (20) days before the date of the scheduled

14

hearing. In the event that the maximum building construction

15

cost authorization exceeds the aggregate building expenditure

16

standard hereinafter specified, the aforesaid authorization of

17

the school board shall be submitted to the electors of the

18

school district for their approval within six (6) months prior

19

to submission of the final building construction cost bids to

20

the Department of Education for approval. Such referendum shall

21

be held in the same manner as provided by law for the approval

22

of the incurring of indebtedness by referendum. The question as

23

submitted shall specify the maximum project cost, the maximum

24

building construction cost and the annual sinking fund charge or

25

lease rental to be incurred by the school district and the

26

portion of such charge or rental expected to be reimbursed by

27

the Commonwealth. If the final building construction cost bids

28

to be submitted to the Department of Education for approval are

29

less than the aggregate building expenditure standard hereafter

30

specified but exceed by eight (8) per cent or more the initial

- 8 -

 


1

building construction cost estimates submitted to the Department

2

for approval, a second public hearing shall be held before the

3

Department shall give its final approval.

4

The applicable aggregate building expenditure standard shall

5

be a total amount calculated for each building or substantial

6

addition by multiplying the rated pupil capacity under the

7

approved room schedule by the following: two thousand eight

8

hundred dollars ($2,800) for each pupil of rated elementary

9

capacity; four thousand two hundred dollars ($4,200) for each

10

pupil of rated secondary capacity in grades seven, eight and

11

nine and five thousand two hundred dollars ($5,200) for each

12

pupil of rated secondary capacity in grades ten, eleven and

13

twelve and five thousand two hundred dollars ($5,200) for each

14

pupil of rated vocational-technical capacity in grades ten,

15

eleven and twelve to not include the cost of equipment and

16

fixtures in such vocational-technical schools: Provided,

17

however, That each of the preceding per pupil amounts shall be

18

adjusted by the Department of Education on July 1, 1974; and

19

annually thereafter through July 1, 2003, by multiplying said

20

amounts by the ratio of the composite construction cost index

21

compiled and published by the United States Department of

22

Commerce for the preceding calendar year to such index for the

23

next preceding calendar year; and Further Provided, however,

24

That each of the preceding per pupil amounts shall be adjusted

25

by the Department of Education on July 1, 2004; and annually

26

thereafter by multiplying said amounts by the ratio of the

27

Building Cost Index published by the McGraw-Hill Companies for

28

the preceding calendar year to such index for the next preceding

29

calendar year. Rated elementary pupil capacity or rated

30

secondary pupil capacity for any school building shall be the

- 9 -

 


1

rated pupil capacity determined on the basis of the method used

2

by the Department for school building reimbursement purposes

3

during the school year 1971-1972.

4

For purposes of this section:

5

(1)  "Site acquisition" includes the cost of land and mineral

6

rights, demolition and clearing, rights-of-way and related

7

utility relocations, surveys and soils analysis, and the cost of

8

all fees relating thereto.

9

(2)  "Site development" includes excavation, grouting or

10

shoring, special foundations for buildings, access roads to

11

site, utilities on site, extension of utilities to site.

12

(3)  "Equipment and fixtures" means property fixed or movable

13

which is incidental and necessary to conduct the educational

14

program, and includes, but is not limited to movable equipment

15

such as desks, chairs, tables, portable physical education

16

equipment, audio-visual equipment and science, homemaking,

17

industrial art and business equipment and instructional

18

materials and fixtures such as casework, laboratory equipment,

19

kitchen equipment, auditorium seating and any other special

20

fixtures or equipment required to conduct a particular

21

educational program.

22

(4)  "Substantial addition" means more than twenty (20) per

23

centum of the area and replacement value of the structure to

24

which the improvement is to be added.

25

(5)  "Green building standard" means a building standard that

26

meets the following criteria:

27

(i)  Is consensus-based, as defined by the Office of

28

Management and Budget, Circular A-119, dated February 10, 1998.

29

(ii)  At a minimum, includes performance-based categories or

30

credits that will foster the optimization of a building's energy

- 10 -

 


1

performance and use of environmentally benign building materials

2

and technologies.

3

(iii)  Requires documentation, verifiable calculations or

4

equivalent procedures to substantiate and support any and all

5

claims made regarding a building's energy performance and the

6

use of environmentally benign materials.

7

(iv)  Employs third-party, postconstruction review and

8

verification of achievement of certification.

9

(v)  Has a performance record of certified green buildings in

10

the United States.

11

(6)  "Green building standard cost" means the design,

12

construction and registration costs directly attributable to

13

achieving points under a green building standard, including, but

14

not limited to, energy performance benchmarking; life-cycle cost

15

assessments; low-impact development; storm water management

16

technologies; energy and lighting modeling; alternative energy

17

technology; building commissioning and the cost of registration

18

with the organization providing the green building standard.

19

Section 5.  The act is amended by adding an article to read:

20

ARTICLE XI-B

21

CERTIFICATION OF TEACHERS 

22

BY THE NATIONAL BOARD FOR

23

PROFESSIONAL TEACHING STANDARDS

24

Section 1101-B.  Definitions.

25

The following words and phrases when used in this article

26

shall have the meanings given to them in this section unless the

27

context clearly indicates otherwise:

28

"Department."  The Department of Education of the

29

Commonwealth.

30

"Eligible teacher."  A teacher who:

- 11 -

 


1

(1)  Is a current Pennsylvania resident.

2

(2)  Currently holds a valid Pennsylvania teaching

3

certification in good standing.

4

(3)  Has completed three full years of teaching or school

5

counseling in a Pennsylvania public school, intermediate unit

6

or area vocational-technical school.

7

(4)  Holds a current, full-time teaching or school

8

counseling position in a Pennsylvania public school,

9

intermediate unit or area vocational-technical school.

10

(5)  Has not previously received Commonwealth funds for

11

participating in any certification area of the NBPTS program.

12

(6)  Has not repaid any Commonwealth funds previously

13

received for the NBPTS certification process.

14

(7)  Has not received a waiver of repayment from the

15

Department of Education.

16

"National Board for Professional Teaching Standards" or

17

"NBPTS."  The independent, nonprofit organization established in

18

1987 to establish high standards for teachers' knowledge and

19

performance and for development and operation of a national

20

voluntary system to assess and certify teachers who meet those

21

standards.

22

"Public school."  A school operated by a school district,

23

intermediate unit, charter school, cyber charter school or an

24

area vocational-technical school.

25

Section 1102-B.  Program.

26

(a)  Establishment.--A program to help defray the cost to

27

teachers of becoming certified by the National Board for

28

Professional Teaching Standards is established.

29

(b)  Goal.--It is the goal of the Commonwealth to provide

30

opportunities and incentives for excellent teachers and to

- 12 -

 


1

retain them in the teaching profession. To attain this goal, the

2

Commonwealth shall support the efforts of teachers to achieve

3

national certification by providing reimbursement to public

4

schools for substitute fees associated with teachers

5

participating in the certification process and paying the

6

assessment fee for teachers who seek to attain national

7

certification from the National Board for Professional Teaching

8

Standards.

9

Section 1103-B.  Payment of fees.

10

To the extent funds are available, the Commonwealth shall do

11

all of the following:

12

(1)  Pay all or a portion of the cost of NBPTS assessment

13

fees on behalf of an eligible teacher to become NBPTS

14

certified or recertified.

15

(2)  Reimburse school districts for substitute fees for

16

each day the eligible teacher participates in preparation for

17

NBPTS certification, up to three days.

18

Section 1104-B.  Priority.

19

(a)  Schools in school improvement or corrective action.--

20

Eligible teachers who teach in schools identified as in school

21

improvement or corrective action shall receive first priority

22

for payment of assessment fees under this article. The eligible

23

teachers' districts shall also receive first priority for

24

substitute fees reimbursement.

25

(b)  Other priority.--Eligible teachers who teach early

26

childhood education, mathematics or science at the middle or 

27

secondary level or who teach special education or foreign

28

languages shall receive second priority for payment of

29

assessment fees under this article. The eligible teachers'

30

districts shall also receive second priority for substitute fees 

- 13 -

 


1

reimbursement.

2

Section 1105-B.  Duties of eligible teachers.

3

(a)  Completion of process.--An eligible teacher on whose

4

behalf the assessment fee is paid shall agree to complete the

5

certification process or be subject to repayment as set forth in

6

section 1106-B(a).

7

(b)  Three-year commitment.--An eligible teacher on whose

8

behalf the assessment fee is paid and who receives NBPTS

9

certification shall, in addition to the requirement under

10

subsection (a), agree to serve as a teacher or administrator in

11

a Pennsylvania public school for a period of at least three

12

years or be subject to repayment as set forth in section 1106-

13

B(b). Eligible teachers who receive priority under section 1104-

14

B and who receive NBPTS certification shall teach in that

15

priority class for the three-year commitment period. If an

16

eligible teacher receives priority under section 1104-B(a) and

17

the school is removed from improvement or corrective action

18

during the three-year commitment period, service in the same

19

school or in another school identified as in school improvement

20

or corrective action shall continue to fulfill the requirements

21

of this subsection.

22

Section 1106-B.  Repayment.

23

(a)  Failure to complete the certification process.--When an

24

eligible teacher for whom the Commonwealth has paid the

25

assessment fee fails to complete the certification process, the

26

teacher shall reimburse the Commonwealth for the amount of the

27

assessment fee. A candidate who completes the certification

28

process but is denied NBPTS certification shall not be subject

29

to repayment pursuant to this subsection.

30

(b)  Failure to continue teaching.--When an eligible teacher

- 14 -

 


1

for whom the Commonwealth has paid the assessment fee fails to

2

meet the requirements of section 1105-B(b), the teacher shall

3

reimburse the Commonwealth for the amount of the assessment fee.

4

The teacher shall certify to the department each year that the

5

teacher is in compliance with section 1105-B(b).

6

(c)  Waiver of repayment.--Upon the application of the

7

eligible teacher, the department shall waive the repayment

8

requirement if the department finds that the teacher was unable

9

to complete the process or meet the requirements of section

10

1105-B(b) for teaching in a priority class or school identified

11

as in school improvement or corrective action due to

12

administrative action on the part of the school district or area

13

vocational-technical school for other than causes enumerated in

14

section 1122, or continue teaching due to illness of the

15

teacher, the death or catastrophic illness of a member of the

16

teacher's immediate family, or parental leave to care for a

17

newborn or newly adopted child and may waive the repayment

18

requirement due to other extraordinary circumstances.

19

Section 1107-B.  Duties of department.

20

(a)  Guidelines.--The department shall develop guidelines

21

necessary for the implementation of this article.

22

(b)  Technical assistance.--To the extent funds are

23

available, the department shall provide technical assistance to

24

NBPTS applicants. The department may contract with one or more

25

institutions of higher education or intermediate units in order

26

to provide technical assistance.

27

Section 6.  Section 1201 of the act, amended January 14, 1970

28

(1969 P.L.468, No.192), is amended to read:

29

Section 1201.  Certificates Qualifying Persons to Teach.--

30

Only those persons holding one of the following certificates

- 15 -

 


1

shall be qualified to teach in the public schools of this

2

Commonwealth--(1) Permanent college certificate, (2) provisional

3

college certificate, (3) normal school diploma, (4) normal

4

school certificate, (5) special permanent certificate, (6)

5

special temporary certificate, (7) permanent State certificate,

6

(8) residency certificate, (9) certificates which are permanent

7

licenses to teach by virtue of the provisions of section one

8

thousand three hundred eight of the act, approved the eighteenth

9

day of May, one thousand nine hundred eleven (Pamphlet Laws

10

309), as amended, which is repealed hereby, or [(9)] (10) such

11

other kinds of certificates as are issued under the standards

12

prescribed by the State Board of Education. The State Board of

13

Education shall also provide for issuance of certificates by

14

district superintendents to meet such emergencies or shortage of

15

teachers as may occur.

16

Section 7.  Section 1203 of the act is amended to read:

17

Section 1203.  Kinds of State Certificates.--State

18

certificates hereafter granted shall include the following:

19

Provisional College Certificates,

20

Permanent College Certificates,

21

Certificates issued by other states and validated by the

22

Superintendent of Public Instruction,

23

Special Temporary Certificates,

24

Special Permanent Certificates[.],

25

Residency Certificates.

26

All persons receiving any of such certificates shall have

27

qualifications not less than graduation from a State Teachers'

28

College of this Commonwealth, or equivalent training. Residency

29

certificate program training completed under section 1207.1

30

shall be considered equivalent training for purposes of this

- 16 -

 


1

act.

2

Every college certificate shall set forth the names of the

3

college or university from which its holder was graduated. State

4

certificates shall entitle their holders to teach in every part

5

of this Commonwealth for the terms herein specified.

6

Section 8.  The act is amended by adding a section to read:

7

Section 1207.1.  Residency Certificates.--(a)  The Secretary

8

of Education may make a one-time issuance of a residency

9

certificate for service in a specific shortage area of

10

instruction in public schools of this Commonwealth to an

11

applicant who meets all of the following:

12

(1)  Satisfies the requirements specified under section 1209.

13

(2)  Meets one of the following:

14

(i)  Holds a doctoral degree from an accredited college or

15

university in the subject area of shortage.

16

(ii)  Holds a master's degree from an accredited college or

17

university in the subject area of shortage and has at least two

18

years of work experience in the subject area or related field.

19

(iii)  Holds a bachelor's degree from an accredited college

20

or university in the subject area of shortage and has at least

21

five years of work experience in the subject area or related

22

field.

23

(3)  Is continuously enrolled in an approved residency

24

program.

25

(4)  Presents evidence of satisfactory achievement on the

26

appropriate subject area content test.

27

(b)  A residency certificate shall be valid for three years

28

of teaching in the public schools of this Commonwealth in the

29

area for which it applies.

30

(c)  The secretary shall have all of the following powers and

- 17 -

 


1

duties related to the issuance of residency certificates:

2

(1)  Identify areas of certification in which there is a

3

Statewide or regional shortage of qualified teachers.

4

(2)  Develop guidelines for the residency program which shall

5

include:

6

(i)  Preplacement instruction and training.

7

(ii)  Instruction and training in the following:

8

(A)  Educational strategies for the designated subject area

9

for which the residency certificate is issued.

10

(B)  Child development specifically related to the level of

11

the certificate sought.

12

(C)  Emotional support.

13

(D)  Pennsylvania academic standards.

14

(E)  Assessment knowledge and skills.

15

(F)  Pennsylvania standards and aligned system knowledge.

16

(iii)  Requirements for oversight and mentoring that include

17

induction, classroom observations and professional development

18

for the certificate holder during the three years of service in

19

the public schools of this Commonwealth.

20

(3)  Approve all residency programs.

21

(4)  Issue residency certificates to qualified applicants.

22

(5)  Report annually to the State Board of Education on the

23

number of residency certificates issued under this section.

24

(d)  A residency certificate may be converted to an

25

Instructional I Certificate upon the completion of all residency

26

program requirements under Department of Education guidelines

27

and the completion of three years of satisfactory teaching in

28

the public schools of this Commonwealth.

29

Section 9.  Section 1209 of the act, amended April 15, 1959

30

(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended

- 18 -

 


1

to read:

2

Section 1209.  Disqualifications.--No teacher's certificate

3

shall be granted to any person who [has]:

4

(1)  Has not submitted, upon a blank furnished by the

5

[Superintendent of Public Instruction] Secretary of Education, a

6

certificate from a physician [legally qualified to practice

7

medicine], certified registered nurse practitioner or physician

8

assistant licensed or certified in this Commonwealth, or in any

9

other state or the District of Columbia, setting forth that

10

[said] the applicant is [neither mentally nor physically

11

disqualified, by reason of tuberculosis or any other

12

communicable disease or by reason of mental disorder] not

13

disqualified by reason of a mental or physical disability or a

14

communicable disease from the successful performance of the

15

[duties of a teacher; nor to any person who has not] essential

16

functions of a teacher with or without a reasonable

17

accommodation.

18

(2)  Does not have a good moral character[, or who is].

19

(3)  [in the habit of using opium or other narcotic drugs in

20

any form, or any intoxicating drink as a beverage, or to any 

21

applicant who has a major physical disability or defect unless

22

such a person submits a certificate signed by an official of the

23

college or university from which he was graduated or of an

24

appropriate rehabilitation agency, certifying that in the

25

opinion of such official the applicant, by his work and

26

activities, demonstrated that he is sufficiently adjusted,

27

trained and motivated to perform the duties of a teacher,

28

notwithstanding his impediment.] Engages in the illegal use of

29

controlled substances or alcoholic beverages. An applicant for

30

certification may overcome the disqualification under this

- 19 -

 


1

paragraph and receive a teaching certificate if the applicant is

2

reviewed by the Department of Education pursuant to the

3

requirement of paragraph (2) and determined to be of good moral

4

character.

5

Section 10.  The act is amended by adding a section to read:

6

Section 1320.  Use of Seclusion.--(a)  The State Board of

7

Education shall, within one year of the effective date of this

8

section, adopt regulations establishing standards relating to

9

the use of seclusion, including, but not limited to, the

10

appropriateness of use for all students, training for personnel,

11

parental consent and notification, by a school entity or agency.

12

The regulations shall be consistent with existing Federal or

13

State regulations and shall not alter any provision of 22 Pa.

14

Code § 14.133 (relating to positive behavior support).

15

(b)  In adopting the regulations, the State Board of

16

Education shall follow the procedures set forth in the act of

17

July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth

18

Documents Law, and the act of June 25, 1982 (P.L.633, No.181),

19

known as the "Regulatory Review Act," for the promulgation and

20

review of final-omitted regulations.

21

(c)  The State Board of Education shall develop regulations

22

under this section in consultation with the Department of

23

Education, education and special education stakeholders, parents

24

and other interested parties.

25

(d)  As used in this section, the following words and phrases

26

shall have the meanings given to them in this subsection unless

27

the context clearly indicates otherwise:

28

"Agency" shall mean a school entity, approved private school,

29

State-operated program or facility or other public or private

30

organization providing educational services to children with

- 20 -

 


1

disabilities or providing early intervention services.

2

"School entity" shall mean a local public education provider

3

such as a school district, area vocational-technical school or

4

intermediate unit, including charter schools.

5

"Seclusion" shall mean the confinement of a student alone in

6

a room from which the student is physically prevented from

7

leaving.

8

Section 11.  Section 1327 of the act is amended by adding a

9

subsection to read:

10

Section 1327.  Compulsory School Attendance.--* * *

11

(a.1)  A student who is not in compliance with this section

12

shall be required to complete an interview in accordance with

13

section 1354.1.

14

* * *

15

Section 12.  Section 1330 of the act, amended May 11, 1949

16

(P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and

17

January 14, 1970 (1969 P.L.468, No.192), is amended to read:

18

Section 1330.  Exceptions to Compulsory Attendance.--(a)  The

19

provisions of this act requiring regular attendance shall not

20

apply to any child who--

21

(1)  Has attained the age of sixteen (16) years, and who is

22

regularly engaged in any useful and lawful employment or service

23

during the time the public schools are in session, and who holds

24

an employment certificate issued according to law;

25

(2)  Has been examined by an approved mental clinic or by a

26

person certified as a public school psychologist or

27

psychological examiner, and has been found to be unable to

28

profit from further public school attendance, and who has been

29

reported to the board of school directors and excused, in

30

accordance with regulations prescribed by the State Board of

- 21 -

 


1

Education.

2

(3)  Has attained the age of fifteen (15) years and is

3

engaged in farm work or domestic service in a private home on a

4

permit issued by the school board or the designated school

5

official of the school district of the child's residence, in

6

accordance with regulations which the Superintendent of Public

7

Instruction is hereby authorized to prescribe;

8

(4)  Has attained the age of fourteen (14) years and is

9

engaged in farm work or domestic service in a private home on a

10

permit issued as provided in clause (3) of this section, and who

11

has satisfactorily completed, either in public or private

12

schools, the equivalent of the highest grade of the elementary

13

school organization prevailing in the public schools of the

14

district in which he resides, if the issuance of such a permit

15

has first been recommended by the district superintendent of

16

schools having supervision of the schools of the district where

17

such child resides, or by the principal of the private school

18

where such child is enrolled, and the reason therefor has been

19

approved by the Superintendent of Public Instruction;

20

(5)  Except in districts of the fourth class and those of the

21

third class located wholly within the boundary lines of a

22

township, or within the boundary lines of a borough which has a

23

population of less than five hundred (500) inhabitants to the

24

square mile, resides two miles or more by the nearest public

25

highways from any public school in session and no proper free

26

transportation is furnished to such child to and from school.

27

(b)  A student who withdraws under this section shall

28

complete an interview in accordance with section 1354.1.

29

Section 13.  The act is amended by adding a section to read:

30

Section 1354.1.  Interview Reports for Withdrawing and

- 22 -

 


1

Illegally Absent Students.--(a)  It shall be the duty of a 

2

school principal of a public school or charter school to conduct

3

or assign a designee to conduct an interview for each student

4

who withdraws or is illegally absent for ten (10) days or more,

5

without lawful excuse, from that public school or charter

6

school. During the interview the student shall be made aware of

7

alternatives to withdrawing from the public school or charter

8

school. If the student is legally withdrawing as provided in

9

section 1330, the interview must be done in conjunction with the

10

verification of any work or farm permit issued. If the student

11

is not in compliance with the compulsory school attendance

12

provisions of this act, an interview must be conducted that

13

further inquires as to why the student is illegally absent. A

14

migratory child or a student withdrawing to attend another

15

public school entity, a charter school, cyber charter school,

16

home education program, nonpublic nonlicensed school, private

17

academic school or an approved institution of higher education

18

shall not be required to complete an interview required in this

19

section.

20

(b)  If a student fails to complete the interview required

21

under subsection (a), the school principal shall conduct an

22

interview with a parent or guardian of the student. The

23

principal shall send a written notice to the parent or guardian

24

by certified mail, return receipt requested, that informs the

25

parent or guardian of the interview required by and the penalty

26

for failure to comply with this subsection, and shall maintain a

27

copy of the notice and the return receipt, if any, with the

28

records of the student. The interview may be conducted in person

29

or via the telephone at a time most accommodating for both

30

parties. Failure of a parent or guardian to complete an

- 23 -

 


1

interview on behalf of the child of the parent or guardian

2

within fifteen (15) school days after the date written notice is

3

sent by certified mail is a violation of this section and the

4

school district or charter school may impose a civil penalty in

5

accordance with section 1333.

6

(c)  The Department of Education shall establish and

7

distribute a standard form to be completed by a school principal

8

or a designee during an interview. The form shall require, but

9

is not limited to, the following information: name, address,

10

telephone number, date of birth, most current student

11

identification number, current grade level, school name and

12

district, reasons for withdrawing, name, address and telephone

13

number of a parent or guardian and any other information the

14

department deems necessary. The form must be filed with the

15

Department of Education within thirty (30) days following the

16

interview. The data collected from the interviews, excluding

17

specific names and addresses and identification, will be used in

18

conjunction with the Electronic Dropout/Graduate Report (EDGR),

19

a data reporting system or a report of equivalence compiled and

20

distributed by the Division of Data Services of the Department

21

of Education. In addition, the information shall be made part of

22

the student's permanent record by the school district or charter

23

school. The report must be made public at the end of each fiscal

24

year.

25

(d)  The provisions of sections 1356 and 1357 shall not apply

26

to this section.

27

Section 14.  Sections 1376(a.2) and 1376.1(b.2) of the act,

28

amended July 4, 2004 (P.L.536, No.70), are amended to read: 

29

Section 1376.  Cost of Tuition and Maintenance of Certain

30

Exceptional Children in Approved Institutions.--* * *

- 24 -

 


1

(a.2)  For the 2005-2006 school year and each school year

2

thereafter, the Department of Education shall determine the

3

payment amount for each approved private school for all students

4

enrolled in an approved private school for the prior school year

5

as follows:

6

(1)  (i)  Multiply the payment determined for the immediate

7

preceding school year by one hundred and twenty-five percent

8

(125%) of the percentage increase in the appropriation for

9

special education for the fiscal year prior to the fiscal year

10

in which payments under this subsection are made.

11

(ii)  Add the product from subparagraph (i) to the payment

12

determined for the immediate preceding school year.

13

(iii)  In any fiscal year in which there is no increase in

14

the State appropriation for special education, the increase for

15

the approved private schools in the following fiscal year shall

16

be calculated by applying the multiplier in subsection (a.2)(1)

17

(i) to the average of the percentage increase in the

18

appropriation for special education and the appropriation for

19

basic education for the last fiscal year in which there was an

20

increase in the special education and basic education State

21

appropriations.

22

(2)  No later than May 10, 2005, and no later than May 10 of

23

each year thereafter, the Department of Education shall notify

24

each school district of residence or charter school of a child

25

enrolled in an approved private school of its payment amount

26

under subsection (a).

27

(3)  The Department of Education shall pay each approved

28

private school the total amount calculated pursuant to this

29

subsection divided into twelve (12) monthly payments. The

30

Department of Education shall withhold the school district or

- 25 -

 


1

charter school payment amount calculated under subsection (a)

2

from the amount of any and all State payments made to the school

3

district or charter school. In no event shall the sum of the

4

Commonwealth's share of payments to approved private schools

5

under this subsection exceed the appropriation for approved

6

private schools.

7

* * *

8

Section 1376.1.  Actual Cost of Tuition and Maintenance of

9

Certain Exceptional Children in the Four Chartered Schools for

10

Education of the Deaf and the Blind.--* * *

11

(b.2)  Payments are as follows:

12

(1)  For the 2005-2006 school year and each school year

13

thereafter, the department shall determine the payment amount

14

for each chartered school for all students enrolled in a

15

chartered school for the prior school year as follows:

16

(i)  Multiply the payment determined for the immediate

17

preceding school year by one hundred and twenty-five percent

18

(125%) of the percentage increase in the appropriation for

19

special education for the fiscal year prior to the fiscal year

20

in which payments under this subsection are made.

21

(ii)  Add the product under subparagraph (i) to the payment

22

determined for the immediately preceding school year.

23

(iii)  In any fiscal year in which there is no increase in

24

the State appropriation for special education, the increase for

25

the chartered schools for the deaf and blind in the following

26

fiscal year shall be calculated by applying the multiplier in

27

subsection (b.2)(1)(i) to the average of the percentage increase

28

in the appropriation for special education and the appropriation

29

for basic education for the last fiscal year in which there was

30

an increase in the special education and basic education funding

- 26 -

 


1

State appropriations.

2

(2)  No later than May 10, 2005, and no later than May 10 of

3

each school year thereafter, the department shall notify each

4

school district of residence or charter school of a child

5

enrolled in a chartered school of its payment amount under

6

subsection (b).

7

(3)  The department shall pay each chartered school the total

8

amount calculated pursuant to this subsection divided into

9

twelve (12) monthly payments. The department shall withhold the

10

school district or charter school payment amount calculated

11

under subsection (b) from the amount of any and all State

12

payments made to the school district or charter school. In no

13

event shall the sum of the Commonwealth's share of payments to

14

chartered schools under this subsection exceed the appropriation

15

for chartered schools.

16

* * *

17

Section 15.  The act is amended by adding a section to read:

18

Section 1377.2.  Emergency Permits at Approved Private

19

Schools and Chartered Schools for the Deaf and Blind.--Approved

20

private schools and chartered schools for the deaf and blind

21

shall have the authority to apply for emergency permits through

22

the Department of Education pursuant to the criteria for

23

eligibility established under 22 Pa. Code § 49.31 (relating to

24

criteria for eligibility) as if the teachers were employed by a

25

public school entity provided that all other conditions for

26

obtaining an emergency permit are met.

27

Section 16.  Section 1414.1 of the act, added November 30,

28

2004 (P.L.1471, No.187), is amended to read:

29

Section 1414.1.  Possession and Use of Asthma Inhalers and

30

Epinephrine Auto-Injectors.--(a)  Each school entity shall

- 27 -

 


1

develop a written policy to allow for the possession and self-

2

administration by children of school age of [an] asthma

3

[inhaler] inhalers and epinephrine auto-injectors, and the

4

prescribed medication to be administered thereby, in a school

5

setting. The policy shall comply with section 504 of the

6

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

7

et seq.) and 22 Pa. Code Ch. 15 (relating to protected

8

handicapped students). The policy shall be distributed with the

9

code of student conduct required under 22 Pa. Code § 12.3(c)

10

(relating to school rules) and made available on the school

11

entity's publicly accessible Internet website, if any.

12

(b)  The policy under this section shall require a child of

13

school age that desires to possess and self-administer an asthma

14

inhaler or epinephrine auto-injector in a school setting to

15

demonstrate the capability for self-administration and for

16

responsible behavior in the use thereof and to notify the school

17

nurse immediately following each use of an asthma inhaler or

18

epinephrine auto-injector. The school entity shall develop a

19

system whereby the child may [verify] demonstrate competency to

20

the school nurse that the child is capable of self-

21

administration and has permission for carrying and taking the

22

medication through the use of the asthma inhaler[.] or

23

epinephrine auto-injector. Determination of competency for self-

24

administration shall be based on age, cognitive function,

25

maturity and demonstration of responsible behavior. The school

26

entity shall also restrict the availability of the asthma

27

inhaler, the epinephrine auto-injector and the prescribed

28

medication contained therein from other children of school age[,

29

with immediate confiscation of both]. The policy shall specify

30

conditions under which a student may lose the privilege to self-

- 28 -

 


1

carry the asthma inhaler, the epinephrine auto-injector and the

2

medication [and loss of privileges] if the school policies are

3

abused or ignored. A school entity that prevents a student from

4

self-carrying an asthma inhaler or epinephrine auto-injector and

5

the prescribed medication shall ensure that they are

6

appropriately stored at locations in close proximity to the

7

student prohibited from self-carrying and notify the student's

8

classroom teachers of the places where the asthma inhaler or

9

epinephrine auto-injector and medication are to be stored and

10

means to access them.

11

(c)  The policy under this section may include the following:

12

(1)  The requirement of a written statement from the

13

physician, certified registered nurse practitioner or physician

14

assistant that provides the name of the drug, the dose, the

15

times when the medication is to be taken and the diagnosis or

16

reason the medicine is needed unless the reason should remain

17

confidential. The physician, certified registered nurse

18

practitioner or physician assistant shall indicate the potential

19

of any serious reaction that may occur to the medication, as

20

well as any necessary emergency response. The physician,

21

certified registered nurse practitioner or physician assistant

22

shall state whether the child is qualified and able to self-

23

administer the medication.

24

(2)  The requirement of a written request from the parent or

25

guardian that the school entity comply with the order of the

26

physician, certified registered nurse practitioner or physician

27

assistant. The parent's note shall include a statement relieving

28

the school entity or any school employe of any responsibility

29

for the benefits or consequences of the prescribed medication

30

when it is parent-authorized and acknowledging that the school

- 29 -

 


1

entity bears no responsibility for ensuring that the medication

2

is taken.

3

(3)  The ability of the school entity to reserve the right to

4

require a statement from the physician, certified registered

5

nurse practitioner or physician assistant for the continued use

6

of any medication beyond a specified time period. The school

7

entity shall also require updated prescriptions and parental

8

approvals on an annual basis from the pupil.

9

(d)  As used in this section, "school entity" means a school

10

district, intermediate unit, charter school or area vocational-

11

technical school.

12

(e)  Nothing in this section shall be construed to create,

13

establish or expand any civil liability on the part of any

14

school entity or school employe.

15

(f)  Within one hundred twenty (120) days of the effective

16

date of this subsection, the Department of Health in

17

coordination with the Department of Education shall provide

18

technical assistance, resources and publish information on the

19

Department of Health's publicly accessible Internet website

20

regarding the administration of medication for allergies by

21

persons employed with a school entity, including the following:

22

(1)  Proper use of epinephrine devices.

23

(2)  The importance of following the entity's student

24

services plan required under 22 Pa. Code § 12.41 (relating to

25

student services) and its responsibilities to comply with

26

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)

27

and 22 Pa. Code Ch. 15.

28

(3)  Recognition of the symptoms of a severe allergic

29

reaction.

30

(4)  Requirements for proper access, storage and security of

- 30 -

 


1

student medications.

2

(5)  Notification of appropriate persons following

3

administration of medications.

4

(6)  Recordkeeping.

5

Section 17.  Section 1611 of the act is amended by adding a

6

subsection to read:

7

Section 1611.  Academic Degrees.--* * *

8

(d)  A board of school directors may establish a program to

9

be known as "Operation Recognition" which provides for granting

10

a high school diploma to any honorably discharged veteran who

11

served in the United States military in the Vietnam War between

12

the twenty-eighth day of February, one thousand nine hundred

13

sixty-one, and the seventh day of May, one thousand nine hundred

14

seventy-five, who attended high school between one thousand nine

15

hundred fifty-eight and one thousand nine hundred seventy-five

16

and who would have been a member of a graduation class during

17

the years one thousand nine hundred sixty-two through one

18

thousand nine hundred seventy-five but did not graduate from

19

high school due to entry into military service. A board of

20

school directors may award a diploma posthumously to an eligible

21

veteran. An application for a diploma under this subsection must

22

be made in the manner prescribed by the board of school

23

directors.

24

Section 18.  Section 1725-A(a) of the act, amended June 29,

25

2002 (P.L.524, No.88), is amended to read:

26

Section 1725-A.  Funding for Charter Schools.--(a)  Funding

27

for a charter school shall be provided in the following manner:

28

(1)  There shall be no tuition charge for a resident or

29

nonresident student attending a charter school.

30

(2)  For non-special education students, the charter school

- 31 -

 


1

shall receive for each student enrolled no less than the

2

budgeted total expenditure per average daily membership of the

3

prior school year, as defined in section 2501(20), minus the

4

budgeted expenditures of the district of residence for nonpublic

5

school programs; adult education programs; community/junior

6

college programs; student transportation services; for special

7

education programs; facilities acquisition, construction and

8

improvement services; and other financing uses, including debt

9

service and fund transfers as provided in the Manual of

10

Accounting and Related Financial Procedures for Pennsylvania

11

School Systems established by the department. This amount shall

12

be paid by the district of residence of each student[.] or, upon

13

written request of the charter school, by the department to the

14

charter school in which a Pennsylvania resident student is

15

enrolled from any allocation for basic education funding to

16

which the school district in which the student resides is

17

entitled. The department shall establish payment guidelines and

18

notify the school district of receipt of a request for direct

19

payment by the department.

20

(3)  For special education students, the charter school shall

21

receive for each student enrolled the same funding as for each

22

non-special education student as provided in clause (2), plus an

23

additional amount determined by dividing the district of

24

residence's total special education expenditure by the product

25

of multiplying the combined percentage of section 2509.5(k)

26

times the district of residence's total average daily membership

27

for the prior school year. This amount shall be paid by the

28

district of residence of each student or, upon written request

29

of the charter school, by the department to the charter school

30

in which a Pennsylvania resident student is enrolled from any

- 32 -

 


1

allocation for basic education funding to which the school

2

district in which the student resides is entitled. The

3

department shall establish payment guidelines and notify the

4

school district of the receipt of a request for direct payment

5

by the department.

6

(4)  A charter school may request the intermediate unit in

7

which the charter school is located to provide services to

8

assist the charter school to address the specific needs of

9

exceptional students. The intermediate unit shall assist the

10

charter school and bill the charter school for the services. The

11

intermediate unit may not charge the charter school more for any

12

service than it charges the constituent districts of the

13

intermediate unit.

14

(5)  Payments shall be made to the charter school in twelve

15

(12) equal monthly payments, by the fifth day of each month,

16

within the operating school year, unless the charter school

17

receives direct payment from the department. A student enrolled

18

in a charter school shall be included in the average daily

19

membership of the student's district of residence for the

20

purpose of providing basic education funding payments and

21

special education funding pursuant to Article XXV. If a school

22

district fails to make a payment to a charter school as

23

prescribed in this clause, the secretary shall deduct the

24

estimated amount, as documented by the charter school, from any

25

and all State payments made to the district after receipt of

26

documentation from the charter school.

27

(6)  Within thirty (30) days after the secretary makes the

28

deduction described in clause (5) or if the charter school

29

receives direct payment from the department, a school district

30

may notify the secretary that the deduction made from State

- 33 -

 


1

payments to the district under this subsection is inaccurate.

2

The secretary shall provide the school district with an

3

opportunity to be heard concerning whether the charter school

4

documented that its students were enrolled in the charter

5

school, the period of time during which each student was

6

enrolled, the school district of residence of each student and

7

whether the amounts deducted from the school district were

8

accurate.

9

* * *

10

Section 19.  Section 1728-A of the act is amended by adding a

11

subsection to read:

12

Section 1728-A.  Annual Reports and Assessments.--* * *

13

(d)  The department shall publish an annual report that does

14

all of the following:

15

(1)  Identifies charter schools whose students are

16

academically out-performing comparable students enrolled in the

17

chartering school district.

18

(2)  Describes best practices used in the charter schools

19

identified under clause (1) that should be disseminated to all

20

school districts and charter schools.

21

(3)  Makes any necessary recommendations to the General

22

Assembly to further the dissemination and implementation of the

23

best practices identified under clause (2).

24

Section 20.  Section 1705-B(h) of the act, amended July 9,

25

2008 (P.L.846, No.61), is amended to read:

26

Section 1705-B.  Education Empowerment Districts.--* * *

27

(h)  (1)  A school district under a declaration of distress

28

pursuant to section 691(a) and certified as an education

29

empowerment district shall be operated by a special board of

30

control established under section 692. A board of control

- 34 -

 


1

established under this section shall be abolished upon the

2

appointment of a special board of control under section 692.

3

(2)  For a school district under a declaration of distress

4

pursuant to section 691(a) and certified as an education

5

empowerment district, the special board of control established

6

under section 692 shall have the powers and duties of a special

7

board of control under section 692 and the powers and duties

8

contained in section 1706-B.

9

(3)  For a school district with a history of low test

10

performance that is certified as distressed for a minimum period

11

of two (2) years under sections 691 and 692, the department

12

shall waive the inclusion of the school district on the

13

education empowerment list under section 1703-B(a) and

14

immediately certify the school district as an education

15

empowerment district.

16

(4)  The department may utilize up to $4,500,000 of

17

undistributed funds not expended, encumbered or committed from

18

appropriations for grants and subsidies made to the department

19

to assist school districts certified as an education empowerment

20

district under paragraph (3). There is hereby established a

21

restricted account from which payments under this paragraph

22

shall be paid. Funds shall be transferred by the Secretary of

23

the Budget to the restricted account to the extent necessary to

24

make payments under this paragraph. Funds in the restricted

25

account are hereby appropriated to carry out the purposes of

26

this paragraph. The subsidy payment from this account shall be

27

utilized to supplement the operational budget of the eligible

28

school districts. This paragraph shall apply to fiscal years

29

2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005,

30

2005-2006, 2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010 

- 35 -

 


1

and shall expire June 30, [2009] 2010.

2

Section 21.  Section 1714-B of the act is amended by adding a

3

subsection to read:

4

Section 1714-B.  Mandate Waiver Program.--* * *

5

(g.2)  Any mandate waiver of the separate prime contractor

6

requirement of section 751 shall be limited to the extent that

7

the waiver recipient shall solicit single-prime bids and

8

separate-prime bids and shall award the project to the least

9

expensive responsive bid option. Waivers of section 751 shall

10

expire June 30, 2010.

11

* * *

12

Section 22.  Section 2002-B of the act, amended or added July

13

11, 2006 (P.L.1092, No.114) and July 9, 2008 (P.L.846, No.61),

14

is amended to read:

15

Section 2002-B.  Definitions.

16

The following words and phrases when used in this article

17

shall have the meanings given to them in this section unless the

18

context clearly indicates otherwise:

19

"Business firm."  An entity authorized to do business in this

20

Commonwealth and subject to taxes imposed under Article III, IV,

21

VI, VII, VIII, IX or XV of the act of March 4, 1971 (P.L.6,

22

No.2), known as the Tax Reform Code of 1971. This term includes

23

a pass-through entity.

24

"Contribution."  A donation of cash, personal property or

25

services the value of which is the net cost of the donation to

26

the donor or the pro rata hourly wage, including benefits, of

27

the individual performing the services.

28

"Department."  The Department of Community and Economic

29

Development of the Commonwealth.

30

"Educational improvement organization."  A nonprofit entity

- 36 -

 


1

which:

2

(1)  is exempt from Federal taxation under section 501(c)

3

(3) of the Internal Revenue Code of 1986 (Public Law 99-514,

4

26 U.S.C. § 1 et seq.); and

5

(2)  contributes at least 80% of its annual receipts as

6

grants to a public school for innovative educational

7

programs.

8

For purposes of this definition, a nonprofit entity

9

"contributes" its annual cash receipts when it expends or

10

otherwise irrevocably encumbers those funds for expenditure

11

during the then current fiscal year of the nonprofit entity or

12

during the next succeeding fiscal year of the nonprofit entity.

13

"Eligible pre-kindergarten student."  For participation in

14

the pre-kindergarten scholarship program, a student who is

15

enrolled in a pre-kindergarten program and is a member of a

16

household with an annual household income of not more than

17

[$50,000] $60,000. An income allowance of [$10,000] $12,000 

18

shall be allowed for each eligible student and dependent member

19

of the household. The Department of Community and Economic

20

Development shall adjust the income amounts under this

21

definition on July 1 of each year to reflect any upward changes

22

in the Consumer Price Index for All Urban Consumers (CPI-U) for

23

the Pennsylvania, New Jersey, Delaware and Maryland area in the

24

preceding 12 months, as calculated by the United States

25

Department of Labor, Bureau of Labor Statistics, and shall

26

immediately thereafter publish the adjusted amounts in the

27

Pennsylvania Bulletin.

28

"Eligible student."  A school-age student who is enrolled in

29

a school and is a member of a household with an annual household

30

income of not more than [$50,000] $60,000. An income allowance

- 37 -

 


1

of [$10,000] $12,000 shall be allowed for each eligible student

2

and dependent member of the household. The Department of 

3

Community and Economic Development shall adjust the income

4

amounts under this definition on July 1 of each year to reflect

5

any upward changes in the Consumer Price Index for All Urban

6

Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and

7

Maryland area in the preceding 12 months, as calculated by the

8

United States Department of Labor, Bureau of Labor Statistics,

9

and shall immediately thereafter publish the adjusted amounts in

10

the Pennsylvania Bulletin.

11

"Eligible student with a disability."  A pre-kindergarten

12

student or a school age student:

13

(1)  who is either enrolled in a special education

14

school, or has otherwise been identified, in accordance with

15

22 Pa. Code Ch. 14 (relating to special education services

16

and programs), as a "child with a disability," as defined in

17

34 CFR § 300.8 (relating to child with disability);

18

(2)  who, by reason thereof, needs special education and

19

related services; 

20

(3)  who is enrolled in a pre-kindergarten program or in

21

a school; and

22

(4)  who is a member of a household with an annual

23

household income of not more than the maximum allowable

24

household income for students with a disability.

25

"Household."  An individual living alone or with the

26

following: a spouse, parent and their unemancipated minor

27

children; and other unemancipated minor children who are related

28

by blood or marriage; or other adults or unemancipated minor

29

children living in the household who are dependent upon the

30

individual.

- 38 -

 


1

"Household income."  All moneys or property received of

2

whatever nature and from whatever source derived. The term does

3

not include the following:

4

(1)  Periodic payments for sickness and disability other

5

than regular wages received during a period of sickness or

6

disability.

7

(2)  Disability, retirement or other payments arising

8

under workers' compensation acts, occupational disease acts

9

and similar legislation by any government.

10

(3)  Payments commonly recognized as old-age or

11

retirement benefits paid to persons retired from service

12

after reaching a specific age or after a stated period of

13

employment.

14

(4)  Payments commonly known as public assistance or

15

unemployment compensation payments by a governmental agency.

16

(5)  Payments to reimburse actual expenses.

17

(6)  Payments made by employers or labor unions for

18

programs covering hospitalization, sickness, disability or

19

death, supplemental unemployment benefits, strike benefits,

20

Social Security and retirement.

21

(7)  Compensation received by United States servicemen

22

serving in a combat zone.

23

"Innovative educational program."  An advanced academic or

24

similar program that is not part of the regular academic program

25

of a public school but that enhances the curriculum or academic

26

program of the public school or provides pre-kindergarten

27

programs to public school students.

28

"Maximum allowable household income for students with a

29

disability."  The maximum annual household income for eligible

30

students with a disability as calculated by multiplying the sum

- 39 -

 


1

of $60,000 plus the income allowance of $12,000 per dependent

2

member of the household by the applicable support level factor

3

according to the following table:

4

Support Level

Support Level Factor

5

1

1.50

6

2

2.993

7

The Department of Community and Economic Development shall

8

adjust the income amounts under this definition on July 1 of

9

each year to reflect any upward changes in the Consumer Price

10

Index for All Urban Consumers (CPI-U) for the Pennsylvania, New

11

Jersey, Delaware and Maryland area in the preceding 12 months,

12

as calculated by the United States Department of Labor, Bureau

13

of Labor Statistics, and shall immediately thereafter publish

14

the adjusted amounts in the Pennsylvania Bulletin.

15

"Pass-through entity."  A partnership as defined in section

16

301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the

17

Tax Reform Code of 1971, a single-member limited liability

18

company treated as a disregarded entity for Federal income tax

19

purposes or a Pennsylvania S corporation as defined in section

20

301(n.1) of the Tax Reform Code of 1971.

21

"Pre-kindergarten program."  A program of instruction for

22

three-year-old or four-year-old students that utilizes a

23

curriculum aligned with the curriculum of the school with which

24

it is affiliated and which provides a minimum of either:

25

(1)  two hours of instructional and developmental

26

activities per day at least 60 days per school year; or

27

(2)  two hours of instructional and developmental

28

activities per day at least 20 days over the summer recess.

29

"Pre-kindergarten scholarship organization."  A nonprofit

30

entity which:

- 40 -

 


1

(1)  either is exempt from Federal taxation under section

2

501(c)(3) of the Internal Revenue Code of 1986 (Public Law

3

99-514, 26 U.S.C. § 1 et seq.) or is operated as a separate

4

segregated fund by a scholarship organization that has been

5

qualified under section 2003-B; and

6

(2)  contributes at least 80% of its annual cash receipts

7

to a pre-kindergarten scholarship program by expending or

8

otherwise irrevocably encumbering those funds for

9

distribution during the then current fiscal year of the

10

organization or during the next succeeding fiscal year of the

11

organization.

12

"Pre-kindergarten scholarship program."  A program to provide

13

tuition to eligible pre-kindergarten students to attend a pre-

14

kindergarten program operated by or in conjunction with a school

15

located in this Commonwealth and that includes an application

16

and review process for the purpose of making awards to eligible

17

pre-kindergarten students and awards scholarships to eligible

18

pre-kindergarten students without limiting availability to only

19

students of one school.

20

"Public school."  A public pre-kindergarten where compulsory

21

attendance requirements do not apply or a public kindergarten,

22

elementary school or secondary school at which the compulsory

23

attendance requirements of this Commonwealth may be met and

24

which meets the applicable requirements of Title VI of the Civil

25

Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).

26

"Scholarship organization."  A nonprofit entity which:

27

(1)  is exempt from Federal taxation under section 501(c)

28

(3) of the Internal Revenue Code of 1986 (Public Law 99-514,

29

26 U.S.C. § 1 et seq.); and

30

(2)  contributes at least 80% of its annual cash receipts

- 41 -

 


1

to a scholarship program.

2

For purposes of this definition, a nonprofit entity

3

"contributes" its annual cash receipts to a scholarship program

4

when it expends or otherwise irrevocably encumbers those funds

5

for distribution during the then current fiscal year of the

6

nonprofit entity or during the next succeeding fiscal year of

7

the nonprofit entity.

8

"Scholarship program."  A program to provide tuition to

9

eligible students to attend a school located in this

10

Commonwealth. A scholarship program must include an application

11

and review process for the purpose of making awards to eligible

12

students. The award of scholarships to eligible students shall

13

be made without limiting availability to only students of one

14

school.

15

"School."  A public or nonpublic pre-kindergarten,

16

kindergarten, elementary school or secondary school at which the

17

compulsory attendance requirements of the Commonwealth may be

18

met and which meets the applicable requirements of Title VI of

19

the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).

20

"School age."  Children from the earliest admission age to a

21

school's pre-kindergarten or kindergarten program or, when no

22

pre-kindergarten or kindergarten program is provided, the

23

school's earliest admission age for beginners, until the end of

24

the school year the student attains 21 years of age or

25

graduation from high school, whichever occurs first.

26

"Special education school."  A school or program within a

27

school that is designated specifically and exclusively for

28

students with any one or more of the disabilities listed in 34

29

CFR § 300.8 (relating to child with disability), and is:

30

(1)  licensed under the act of January 28, 1988 (P.L.24,

- 42 -

 


1

No.11), known as the Private Academic Schools Act;

2

(2)  accredited by an accrediting association approved by

3

the State Board of Education;

4

(3)  a school for the blind or deaf receiving

5

Commonwealth appropriations; or

6

(4)  operated by or under the authority of a bona fide

7

religious institution or by the Commonwealth or any political

8

subdivision thereof.

9

"Support level."  The level of support needed by an eligible

10

student with a disability, as set forth in the following matrix:

11

Support Level 1 – The student is not enrolled in a

12

special education school.

13

Support Level 2 â€“ The student is enrolled as a student in

14

a special education school.

15

Section 23.  Section 2005-B(e) of the act, amended July 9,

16

2008 (P.L.846, No.61), is amended to read:

17

Section 2005-B.  Tax credit.

18

* * *

19

(e)  Pass-through entity.--

20

(1)  If a pass-through entity [does not] does not intend

21

to use all approved tax credits under section 2005-B, it may

22

elect in writing[, according to procedures established by the

23

Department of Revenue,] to transfer all or a portion of the

24

credit to shareholders, members or partners in proportion to

25

the share of the entity's distributive income to which the

26

shareholder, member or partner is entitled for use in the

27

taxable year in which the contribution is made or in the

28

taxable year immediately following the year in which the

29

contribution is made. The election shall designate the year

30

in which the transferred credits are to be used and shall be

- 43 -

 


1

made according to procedures established by the Department of

2

Revenue.

3

(2)  A pass-through entity and a shareholder, member or

4

partner of a pass-through entity shall not claim the credit

5

under this section for the same contribution.

6

(3)  [A shareholder, member or partner of a pass-through

7

entity to whom a credit is transferred under this section

8

shall immediately claim the credit in the taxable year in

9

which the transfer is made.] The shareholder, member or

10

partner may not carry forward, carry back, obtain a refund of

11

or sell or assign the credit.

12

* * *

13

Section 24.  Section 2006-B(d) of the act, amended December

14

23, 2003 (P.L.304, No.48), is amended to read:

15

Section 2006-B.  Limitations.

16

* * *

17

(d)  Use.--A tax credit not used by the applicant in the

18

taxable year the contribution was made or in the year designated

19

by the shareholder, member or partner to whom the credit was

20

transferred under section 2005-B(e) may not be carried forward

21

or carried back and is not refundable or transferable.

22

* * *

23

Section 25.  Section 2002-C of the act, added July 11, 2006

24

(P.L.1092, No.114), is amended to read:

25

Section 2002-C.  Duties of public institutions of higher

26

education.

27

(a)  Completion.--Each public institution of higher education

28

shall complete all of the following by June 30, 2008:

29

(1)  Participate in the development and implementation of

30

equivalency standards pursuant to section 2004-C(c)(1).

- 44 -

 


1

(2)  Establish and maintain records and data detailing

2

the credits transferred to and received from other public

3

institutions of higher education as the department may

4

prescribe.

5

(3)  Make any reasonable changes and modifications to its

6

foundation courses, including the strengthening of the

7

courses, to ensure equivalency of those credits among the

8

public institutions of higher education, as recommended by

9

the Transfer and Articulation Oversight Committee.

10

(4)  Agree to accept for transfer foundation courses

11

determined to meet equivalency standards under section 2004-

12

C(c)(2).

13

(a.1)  Completion of second phase.--Each public institution

14

of higher education shall agree to accept with full junior

15

standing the Associate of Arts and Associate of Science degree

16

into a parallel baccalaureate program as outlined in section

17

2004-C(c)(2.1), (2.2), (2.3) and (2.4) by the timelines

18

established by the transfer and articulation subcommittee but

19

not later than December 31, 2011. For the purposes of this

20

article, an Associate of Arts and Associate of Science degree is

21

a degree designed primarily for transfer to a baccalaureate

22

institution and must contain a minimum of 60 credits.

23

(b)  Reporting requirements.--

24

(1)  A public institution of higher education shall

25

submit to the department a series of interim reports

26

outlining the actions that the public institution of higher

27

education has undertaken or intends to undertake to comply

28

with subsection (a), which shall be filed December 31, 2006,

29

June 30, 2007, and December 31, 2007.

30

(2)  A public institution of higher education shall

- 45 -

 


1

submit to the department interim reports outlining the

2

actions that the public institution of higher education has

3

undertaken or intends to undertake to comply with subsection

4

(a.1), which shall be filed by December 31, 2009, June 30,

5

2010, and December 31, 2010.

6

Section 26.  Section 2004-C(c) of the act is amended by

7

adding paragraphs to read:

8

Section 2004-C.  Transfer and Articulation Oversight Committee.

9

* * *

10

(c)  Duties of Transfer and Articulation Oversight

11

Committee.--The committee shall:

12

* * *

13

(2.1)  By December 1, 2009, consult with the department

14

on a process and timeline, subject to approval by the

15

department, to identify the Associate of Arts and Associate

16

of Science degrees aligned with the graduation requirements

17

of the parallel baccalaureate degree in all public

18

institutions of higher education in consultation with faculty

19

and personnel.

20

(2.2)  Identify Associate of Arts and Associate of

21

Science degree programs for transfer with full junior

22

standing into a parallel baccalaureate degree in consultation

23

with faculty and personnel in those degree programs by

24

December 31, 2011.

25

(2.3)  Identify modifications that may be required in

26

existing associate or baccalaureate degrees to satisfy

27

external accreditation or licensure requirements in

28

consultation with faculty and personnel. Approved

29

modifications must recognize all competencies attained within

30

either the associate or baccalaureate programs.

- 46 -

 


1

(2.4)  Define requirements, in consultation with faculty

2

and personnel, for education degrees, including Early

3

Childhood Education degrees, leading to certification to be

4

included in an associate degree and be accepted for transfer

5

with full junior standing into a parallel baccalaureate

6

degree program.

7

* * *

8

Section 27.  Section 2006-C of the act, added July 11, 2006

9

(P.L.1092, No.114), is amended to read:

10

Section 2006-C.  Participation by independent institutions of

11

higher education or State-related [institution] 

12

institutions.

13

An independent institution of higher education or a State-

14

related institution may elect to participate through the

15

adoption of equivalency standards as provided for in subsection

16

2004-C(c)(1) and by agreement to accept for transfer degrees 

17

that qualify under section 2004-C(c)(2.2) by its governing body.

18

Section 28.  The act is amended by adding a section to read:

19

Section 2318.  State aid for 2009-2010.

20

(a)  General rule.--Notwithstanding any other provision of

21

law, the following apply:

22

(1)  Subject to paragraph (2), each library subject to

23

the act of June 14, 1961 (P.L.324, No.188), known as The

24

Library Code, that received a State aid allocation for fiscal

25

year 2008-2009 under section 2317 shall be eligible for State

26

aid in fiscal year 2009-2010.

27

(2)  Any newly designated district library centers shall

28

be eligible for State aid in lieu of their predecessor

29

district library centers.

30

(b)  Formula.--State aid under this section shall consist of

- 47 -

 


1

the following formula:

2

(1)  Divide:

3

(i)  the sum of the amount of funding that the

4

library received in fiscal year 2007-2008 under section

5

2316; by

6

(ii)  the total State aid subsidy for fiscal year

7

2007-2008.

8

(2)  Multiply:

9

(i)  the quotient under paragraph (1); by

10

(ii)  the total State aid subsidy for 2009-2010.

11

(c)  State Librarian.--After distribution of State aid to

12

libraries under this section, any remaining unallocated funds

13

may be distributed at the discretion of the State Librarian.

14

(d)  Local distribution.--

15

(1)  Each library system receiving State aid under this

16

section may distribute the local library share of that aid in

17

a manner as determined by the system board of directors.

18

(2)  This subsection shall not apply to a library system

19

operating in a county of the second class.

20

(e)  Waiver.--Upon application of the board of directors of a

21

local library, the State Librarian may waive any or all of the

22

provisions of section 104 of The Library Code. The application

23

must be in a form and manner as specified by the State Librarian

24

and must demonstrate that meeting the standards places an

25

economic hardship on the library.

26

Section 29.  Section 2501(29) of the act, added July 9, 2008

27

(P.L.846, No.61), is amended and the section is amended by

28

adding clauses to read:

29

Section 2501.  Definitions.--For the purposes of this article

30

the following terms shall have the following meanings:

- 48 -

 


1

* * *

2

(29)  "Location Cost Metric." An index of geographic cost

3

differences for each county as published by the department on

4

its publicly accessible Internet website [on February 5, 2008] 

5

in February of each year. The index shall be published in the

6

Pennsylvania Bulletin no later than thirty (30) days after the

7

effective date of this clause.

8

* * *

9

(31)  "Special Education Average Daily Membership." Shall be

10

computed to determine the number of eligible students in each

11

school district in accordance with rules of procedure as

12

established by the Secretary of Education. For the purpose of

13

calculating the special education funding allocation under

14

section 2509.13, the computation shall be adjusted for each

15

level of instruction for eligible students as follows:

16

(i)  Half-time prekindergarten and half-time kindergarten:

17

0.50.

18

(ii)  Full-time prekindergarten, full-time kindergarten and

19

prekindergarten or kindergarten level totaling full-time through

20

multiple placements: 1.00.

21

(iii)  Elementary and secondary: 1.00.

22

(32)  "Actual Special Education Spending." An amount equal to

23

a school district’s total annual expenditures for special

24

education in all functional classifications for students with

25

disabilities, as designated in the Manual of Accounting and

26

Related Financial Procedures for Pennsylvania School Systems.

27

(33)  "Base Cost per Student." The cost of educating an

28

average student in Pennsylvania without special needs to meet

29

State performance expectations as originally determined in the

30

final revised Statewide Costing-out Study of 2007 performed

- 49 -

 


1

pursuant to section 2599.3 and as adjusted annually for the

2

fiscal year in the formula for basic education funding.

3

(34)  "Eligible Student." A student with a disability

4

eligible for special education under Federal and State law.

5

(35)  "Modified Special Education Average Daily Membership"

6

or "Modified SEADM." The sum of the following products:

7

(i)  fifty-two one-hundredths (0.52) and the school

8

district’s special education average daily membership in the

9

funding year;

10

(ii)  twenty-six one-hundredths (0.26) and the school

11

district’s special education average daily membership in the

12

school year prior to the funding year;

13

(iii)  thirteen one-hundredths (0.13) and the school

14

district’s special education average daily membership two (2)

15

school years prior to the funding year;

16

(iv)  six one-hundredths (0.06) and the school district's

17

special education average daily membership three (3) school

18

years prior to the funding year; and

19

(v)  three one-hundredths (0.03) and the school district's

20

special education average daily membership four (4) years prior

21

to the funding year.

22

(36)  "Performance Indicators." Measurable annual objectives

23

established by the Department of Education pursuant to section

24

612(a)(15) of the Individuals with Disabilities Education Act

25

(Public Law 91-230, 20 U.S.C. § 1412(a)(15)), to assess progress

26

toward achieving State goals for the performance of eligible

27

students.

28

(37)  "Public Notice." Full and timely release of information

29

and documents for public access at a minimum through publication

30

by the Department of Education:

- 50 -

 


1

(i)  in the Pennsylvania Bulletin;

2

(ii)  on its publicly accessible Internet website for no less

3

than a duration of twelve (12) months; and

4

(iii)  through its timely issuance of a related Statewide

5

press release.

6

(38)  "Regular Classroom." A classroom in a regular school

7

operated primarily for students who are not eligible for special

8

education.

9

(39)  "Regular School." A neighborhood school, magnet school, 

10

or other public school operated for all students, not solely

11

eligible students, in a school district.

12

(40)  "Special Education Plan." A comprehensive plan as well

13

as revisions, updates and amendments for all special education

14

personnel, programs, services and supports provided by each

15

school district for eligible students, filed by each district

16

with the Department of Education under this act and other

17

applicable Federal and State law, including 22 Pa. Code 14.104

18

(relating to special education plans).

19

(41)  "Student Achievement." Outcomes for eligible students

20

as measured by academic performance whenever possible in the

21

general education curriculum, acquisition of knowledge and

22

skills, progress toward graduation, accomplishment of

23

individualized education program goals, including appropriate

24

functional skills, and other factors.

25

Section 30.  Section 2502.48 of the act, added July 9, 2008

26

(P.L.846, No.61), is amended to read:

27

Section. 2502.48.  Basic Education Funding for Student

28

Achievement.--(a)  The Department of Education shall calculate a

29

base cost per student. For the 2007-2008 school year, the base

30

cost per student shall be eight thousand three dollars ($8,003),

- 51 -

 


1

increased by the 2008-2009 index. For the 2008-2009 school year

2

and each school year thereafter for which school districts

3

receive basic education funding under this section, the base

4

cost per student shall be the base cost per student of the prior

5

school year, increased by the index for the school year in which

6

funding will be paid.

7

(b)  The Department of Education shall determine an adequacy

8

target for each school district by calculating the sum of the

9

following:

10

(1)  A base cost determined by calculating the product of the

11

base cost per student and the school district's modified ADM.

12

(2)  A poverty supplement determined by calculating the

13

product of:

14

(i)  the base cost per student;

15

(ii)  the number of students enrolled in the school district

16

on October 31 of the funding year who were eligible for free or

17

reduced price meals under the school lunch program; and

18

(iii)  forty-three one-hundredths (.43).

19

(3)  A district size supplement determined by calculating the

20

maximum of zero and the product of:

21

(i)  the base cost per student;

22

(ii)  the school district's funding year average daily

23

membership; and

24

(iii)  the sum of four hundred eighty-three one-thousandths

25

(.483) and the product of the natural logarithm of the school

26

district's funding year average daily membership and negative

27

five one-hundredths (-.05)[;].

28

(4)  An English language learner supplement determined by

29

calculating the product of:

30

(i)  the base cost per student;

- 52 -

 


1

(ii)  the number of enrolled students identified as limited

2

English proficient in the funding year in the school district;

3

and

4

(iii)  the sum of three and seven hundred fifty-three one-

5

thousandths (3.753) and the product of the natural logarithm of

6

the school district's funding year average daily membership and

7

negative twenty-three one-hundredths (-.23), provided that such

8

amount shall be no less than one and forty-eight one-hundredths

9

(1.48) and no greater than two and forty-three one-hundredths

10

(2.43).

11

(5)  An adjustment for geographic price differences

12

calculated as follows:

13

(i)  Add the amounts under paragraphs (1), (2), (3) and (4).

14

(ii)  Multiply:

15

(A)  the sum under subparagraph (i); by

16

(B)  the school district's location cost metric or one (1),

17

whichever is greater.

18

(iii)  Subtract:

19

(A)  the sum under subparagraph (i); from

20

(B)  the product under subparagraph (ii).

21

(c)  (1)  The Department of Education shall determine a State

22

funding target for each school district by calculating the

23

product of:

24

(i)  the difference between the school district's adequacy

25

target determined under subsection (b) and its actual spending

26

for the funding year, or zero, whichever is greater;

27

(ii)  the school district's market value/income aid ratio for

28

the school year in which funding occurs; and

29

(iii)  the lesser of one (1) and the school district's

30

funding year equalized millage divided by the equalized millage

- 53 -

 


1

that represents the seventy-fifth percentile of the equalized

2

millage of all school districts in the funding year.

3

(2)  In furtherance of the General Assembly's long-standing

4

commitment to providing adequate funding that will ensure

5

equitable State and local investments in public education and in

6

order to enable students to attain applicable Federal and State

7

academic standards, it is the goal of this Commonwealth to

8

review and meet State funding targets by fiscal year 2013-2014.

9

(d)  The Commonwealth shall pay to each school district a

10

basic education funding allocation for the 2007-2008 school year

11

which shall consist of the following:

12

(1)  An amount equal to the basic education funding

13

allocation for the 2006-2007 school year under sections

14

2502.13(m), 2502.47 and 2504.4(a.3).

15

(2)  If a school district has been declared a Commonwealth

16

partnership school district under Article XVII-B, an amount

17

equal to four million dollars ($4,000,000).

18

(3)  (i)  For a school district with 2006-2007 equalized

19

millage that is greater than or equal to 24.7, which represents

20

the eightieth percentile of the equalized millage of all school

21

districts as of the effective date of this section, for the

22

2007-2008 school year, sixteen and seventy-five one hundredths

23

percent (16.75%) of the State funding target determined under

24

subsection (c).

25

(ii)  For a school district with 2006-2007 equalized millage

26

that is less than 24.7, which represents the eightieth

27

percentile of the equalized millage of all school districts as

28

of the effective date of this section, for the 2007-2008 school

29

year, ten percent (10%) of the State funding target determined

30

under subsection (c).

- 54 -

 


1

(d.1)  The Commonwealth shall pay to each school district a

2

basic education funding allocation which shall consist of the

3

following:

4

(1)  An amount equal to the allocations received by the

5

school district for the 2007-2008 school year under subsections

6

(d)(1) and (2) and (e).

7

(1.1)  An amount equal to any allocations received by the

8

school district in the 2008-2009 school year under sections

9

2599.2 and 1512-C. The amount shall be used for programs and

10

services as required under the section in which funding was

11

provided in the 2008-2009 school year. If insufficient funds are

12

appropriated to make Commonwealth payments pursuant to this

13

paragraph, such payments shall be made on a pro rata basis.

14

(1.2)  An amount equal to any allocation received by the

15

school district in the 2008-2009 school year from the

16

appropriation for basic education formula enhancements included

17

in a general appropriation bill.

18

(1.3)  If a school district has been declared a Commonwealth

19

partnership school district under Article XVII-B, an amount

20

equal to two million dollars ($2,000,000).

21

(2)  For the 2008-2009 school year:

22

(i)  For a school district subject to subsection (d)(3)(i),

23

twenty-eight and ten one hundredths percent (28.10%) of the

24

State funding target determined under subsection (c).

25

(ii)  For a school district subject to subsection (d)(3)(ii),

26

twenty-one and sixty-two one hundredths percent (21.62%) of the

27

State funding target determined under subsection (c).

28

(iii)  Any additional amount required so that the total

29

amount provided under paragraph (1) and this paragraph equals

30

two percent (2%) greater than the amount provided under

- 55 -

 


1

subsections (d) and (e).

2

(e)  The Department of Education shall provide additional

3

funding for the 2007-2008 school year to any school district

4

where the amount determined under subsection (d)(3) provides an

5

amount less than three percent (3%) of the amount determined

6

under subsection (d)(1). The amount of additional funding shall

7

be the amount required so that the sum of subsection (d)(3) and

8

this subsection equals three percent (3%) of the amount provided

9

under subsection (d)(1).

10

Section 31.  Section 2502.49(b) of the act is amended by

11

adding a paragraph to read:

12

Section 2502.49.  Accountability to Commonwealth Taxpayers.--

13

* * *

14

(b)  The following shall apply:

15

* * *

16

(5)  (i)  The Department of Education may grant a waiver for

17

the use of up to twenty-five percent (25%) of the funds subject

18

to subsection (a)(1) if all of the following apply:

19

(A)  The school district would otherwise be required to

20

reduce or eliminate one or more of the programs listed in

21

subsection (a)(1) due to a projected budget shortfall.

22

(B)  The funds subject to the waiver will be used to maintain

23

one or more existing programs listed under subsection (a)(1).

24

(C)  The school district has, in the determination of the

25

Department of Education, pursued alternative opportunities for

26

greater efficiency and internal savings in order to fund the

27

program or programs without need for a waiver.

28

(D)  The program or programs to be maintained address a

29

significant need of the school district's students and have

30

demonstrated effectiveness at increasing student achievement in

- 56 -

 


1

the school district, in the determination of the department.

2

(ii)  The decision to grant a waiver shall be at the sole

3

discretion of the Department of Education and shall not be

4

subject to appeal.

5

(iii)  This paragraph shall expire December 31, 2010.

6

Section 32.  Section 2509.1 of the act is amended by adding a

7

subsection to read:

8

Section 2509.1.  Payments to Intermediate Units.--* * *

9

(b.17)  Up to $11,500,000 may be utilized for programs

10

administered and operated by intermediate units during the

11

2009-2010 school year for institutionalized children as

12

established in subsection (b.1).

13

Section 33.  The act is amended by adding sections to read:

14

Section 2509.13.  Special Education Funding for Student

15

Achievement and Instruction of Eligible Students in Regular

16

Classrooms.--(a)  The Department of Education shall determine a

17

special education adequacy target for each school district by

18

calculating the sum of the following:

19

(1)  A special education supplement determined by calculating

20

the product of:

21

(i)  the base cost per student;

22

(ii)  the school district's Modified SEADM; and

23

(iii)  one and thirty one-hundredths (1.3).

24

(2)  An adjustment for geographic price differences

25

calculated as follows:

26

(i)  Multiply the amount under clause (1) by the school

27

district's location cost metric or one (1), whichever is

28

greater.

29

(ii)  Subtract the amount under clause (1) from the product

30

under subclause (i).

- 57 -

 


1

(b)  The Department of Education shall determine a State

2

special education funding target for each school district by

3

calculating the product of:

4

(1)  the difference between the school district's special

5

education adequacy target determined under subsection (a) and

6

its actual special education spending for the funding year, or

7

zero, whichever is greater;

8

(2)  the school district's market value/personal income aid

9

ratio for the school year in which funding occurs;

10

(3)  the lesser of one (1) and the school district's funding

11

year equalized millage divided by the equalized millage that

12

represents the seventy-fifth percentile of the equalized millage

13

of all school districts in the funding year; and 

14

(4)  one and fifteen one-hundredths (1.15) for school

15

districts meeting the following criteria:

16

(i)  either providing instruction within the regular

17

classroom at least eighty percent (80%) of the school day for at

18

least sixty-five percent (65%) of eligible students, as averaged

19

for the two (2) most recent school years for which data is

20

available, or increasing the number of eligible students

21

receiving instruction within the regular classroom by at least

22

fifteen percent (15%) in the most recent school year for which

23

data is available; and

24

(ii)  in the most recent school year for which data is

25

available, performance by eligible students on State academic

26

assessments in reading and math, averaged for the entire

27

district, meeting State standards for adequate yearly progress

28

by any method approved by the Federal and State governments,

29

including, but not limited to, meeting the annual target, the

30

confidence interval, the safe harbor target, or by appeal.

- 58 -

 


1

Nothing in this subsection or any other provision of this act

2

alters Federal or State law regarding the right of an eligible

3

student to receive education in the least restrictive

4

environment or alters the legal authority of Individualized

5

Education Program (IEP) teams to make appropriate program and

6

placement decisions for eligible students in accordance with the

7

IEP developed for each eligible student.

8

(c)  The Department of Education shall submit a report to the

9

Governor and General Assembly recommending increased standards

10

for the criteria in subsection (b)(4), and the General Assembly

11

shall consider legislation revising the criteria, in any year in

12

which seventy-five percent (75%) of all school districts meet

13

the criteria and qualify for the one and fifteen one-hundredths

14

(1.15) factor for funding.

15

(d)  In furtherance of the General Assembly's commitment to

16

provide adequate special education funding that will ensure

17

equitable State and local investments in special education in

18

public schools, and in order to enable eligible students to

19

attain applicable Federal and State academic standards and to be

20

educated in regular classrooms when appropriate, it is the goal

21

of the Commonwealth to review and meet State special education

22

funding targets by fiscal year 2014-2015.

23

(e)  The Commonwealth shall pay to each school district a

24

special education funding allocation for the 2009-2010 school

25

year which shall consist of the sum of the following:

26

(1)  an amount equal to the district's special education

27

funding allocation for the 2008-2009 school year under section

28

2509.5; and

29

(2)  (i)  For a school district with 2007-2008 equalized

30

millage that is greater than or equal to twenty-four (24), which

- 59 -

 


1

represents the eightieth percentile of the equalized millage of

2

all school districts as of the effective date of this section,

3

for the 2008-2009 school year, sixteen and seventy-five one-

4

hundredths percent (16.75%) of the State special education

5

funding target determined under subsection (b).

6

(ii)  For a school district with 2007-2008 equalized millage

7

that is less than twenty-four (24), which represents the

8

eightieth percentile of the equalized millage of all school

9

districts as of the effective date of this section, for the

10

2008-2009 school year, ten percent (10%) of the State special

11

education funding target determined under subsection (b).

12

(f)  The Department of Education shall provide additional

13

funding for the 2009-2010 school year to any school district

14

where the amount under subsection (e)(2) provides an amount less

15

than the percentage increase in the school district's special

16

education funding allocation for the 2008-2009 school year under

17

section 2509.5. The amount of the additional funding shall be

18

the amount required so that the sum of subsection (e)(2) and

19

this subsection is at least equal to the percentage increase in

20

the school district's special education funding allocation for

21

the 2008-2009 school year under section 2509.5.

22

(g)  During the 2009-2010 school year, if insufficient funds

23

are appropriated to school districts for payments under

24

subsection (e) or (f), each school district shall be paid the

25

amount it received during the 2008-2009 school year under

26

subsection (zz).

27

(h)  (1)  The Commonwealth shall appropriate additional

28

funding in each year for extraordinary special education program

29

expenses under section 2509.8. The appropriation for the fund

30

shall be at one and fifty one-hundredths percent (1.50%) of the

- 60 -

 


1

total of special education appropriations made pursuant to

2

subsection (e) and shall be made in addition to such total.

3

(2)  The Department of Education shall utilize the fund to

4

provide resources needed:

5

(i)  to partially meet extraordinary special education

6

expenses not anticipated through the special education funding

7

formula in this section for eligible students within the first

8

three (3) school years of eligibility for special education or

9

enrollment in a school district or charter school; and

10

(ii)  to the extent that the resources of the fund are not

11

issued to meet the needs determined by subclause (i), to provide

12

resources for school districts or charter schools implementing

13

programs or services that serve as a model of excellence for

14

meeting high standards for student achievement through quality

15

special education.

16

(3)  At least three-quarters of the fund shall be used for

17

the purposes under clause (2)(i) and no more than one-quarter

18

shall be used for the purposes under clause (2)(ii).

19

(4)  School districts or charter schools may apply for

20

resources through the fund pursuant to procedures established by

21

the Department of Education. The Department of Education shall

22

issue resources from the fund only in response to such

23

applications. The Department of Education shall give priority to

24

districts or charter schools with a relatively high percentage

25

of students in poverty, annually setting these criteria and

26

granting a higher percentage of the resources requested by such

27

districts or charter schools.

28

(5)  The Department of Education shall issue a comprehensive

29

annual report documenting use of the fund to the Governor and

30

all members of the General Assembly, and shall give public

- 61 -

 


1

notice about such report.

2

(6)  This subsection shall not apply in any year in which

3

subsection (g) applies.

4

(7)  As used in this subsection, "extraordinary special

5

education expenses" are expenses that result from needs and

6

circumstances of an eligible student with significant

7

disabilities which are not ordinarily present in a typical

8

special education service and program delivery system and which

9

have costs exceeding the school district funding for special

10

education, in order to provide the student with an appropriate

11

education in the least restrictive environment.

12

Section 2509.14.  Special Education Accountability to

13

Commonwealth Taxpayers.--(a)  (1)  The Department of Education

14

shall determine the form and manner in which school districts

15

shall submit a special education plan and revisions, updates and

16

amendments to the special education plan pursuant to this

17

section. The special education plan shall be consistent with

18

other existing plans and reports required by the Department of

19

Education to the greatest extent possible, including those

20

required under 22 Pa. Code § 14.104 (relating to special

21

education plans). Special education plans shall be written in a

22

manner that is easy to use and understand by parents and the

23

public, including a general summary.

24

(2)  The Department of Education shall:

25

(i)  review the special education plans and revisions,

26

updates and amendments;

27

(ii)  provide recommendations and technical assistance to

28

school districts;

29

(iii)  approve or disapprove the plan within ninety (90)

30

calendar days of receipt; and

- 62 -

 


1

(iv)  provide a written explanation when disapproving a plan.

2

(3)  The Department of Education shall approve a special

3

education plan and revisions, updates and amendments that in the

4

determination of the department:

5

(i)  meet the requirements of this section;

6

(ii)  address the academic and developmental challenges for

7

eligible students identified in the school district's most

8

recent student achievement results and pursuant to performance

9

indicators, with specific focus on individual schools, grade

10

levels and populations of students that demonstrate inadequate

11

levels of student outcomes; and

12

(iii)  describe programs and strategies that are most likely

13

to improve student outcomes in the school district.

14

(4)  Upon disapproving a school district's special education

15

plan, update or revision submitted pursuant to this section, the

16

Department of Education shall withhold the portion of the annual

17

State increase in special education funding which exceeds the

18

index until such a time as a written special education plan,

19

update or revision is approved.

20

(5)  The Secretary of Education shall involve as appropriate

21

in special education monitoring, support, intervention,

22

technical assistance and special education plan review by the

23

Department of Education, the staff in relevant offices, bureaus

24

and divisions of the department, as well as staff in

25

intermediate units and consultants, and shall neither delegate

26

nor limit these functions solely to the Bureau of Special

27

Education. The Secretary of Education shall have the authority

28

to contract for additional assistance with intermediate units

29

and consultants for these purposes, so long as such contracts do

30

not create a conflict of interest or supplant existing service

- 63 -

 


1

or program obligations.

2

(b)  (1)  By September 15, 2009, and by April 15 of each year

3

thereafter, each school district receiving an increase in its

4

State special education funding allocation of more than the

5

index shall update its special education plan based on overall

6

circumstances, shall also revise the special education plan to

7

show in detail how the increase above the index will be used and

8

shall submit the updates and revisions to the Department of

9

Education for approval pursuant to subsection (a). Unless a

10

school district decides to amend its special education plan more

11

broadly to reflect the receipt of new funding or for other

12

reasons, the guidelines and regulations developed by the

13

Department of Education pursuant to this section for plan

14

updates or revisions shall allow a district to meet the

15

requirements of this section by adding the mandated information

16

as an appendix to the existing plan. The special education plan,

17

update or revision shall document the challenges remaining and

18

progress made in addressing student needs and improving student

19

outcomes, shall be accompanied by a budget, timeline and

20

benchmarks for implementation, and shall incorporate other

21

existing plans and reports required by the Department of

22

Education to the greatest extent possible. The budget required

23

by this subsection shall be considered by the Department of

24

Education in evaluating the special education plan but is not

25

itself subject to approval or disapproval by the department.

26

(2)  (i)  Each school district receiving an increased

27

allocation above the index shall use these funds for one or more

28

research-based programs and supports that meet the following

29

basic criteria:

30

(A)  expressly benefit eligible students educated in the

- 64 -

 


1

least restrictive environment in accordance with Federal and

2

State law;

3

(B)  contribute to achievement of performance indicators; and

4

(C)  are approved by the Department of Education in

5

guidelines issued by August 15, 2009, and by February 15 of each

6

year thereafter.

7

(ii)  Department of Education guidelines for research-based

8

programs and supports meeting these basic criteria shall address

9

at least the following:

10

(A)  curricula adaptation;

11

(B)  co-teaching;

12

(C)  assistive technology;

13

(D)  school-wide positive behavior supports;

14

(E)  supplementary aids and services;

15

(F)  professional development;

16

(G)  reading specialist services and supports;

17

(H)  reducing caseloads for special education teachers and

18

related services personnel; and

19

(I)  placing and serving eligible students in regular

20

classrooms with supports in accordance with the Individualized

21

Education Program (IEP) developed for each eligible student.

22

(3)  According to standards established by the Department of

23

Education, the special education plan, update or revision shall

24

document that the increased allocation above the index is used:

25

(i)  for the purposes approved under clause (2);

26

(ii)  to supplement and not supplant other resources; and

27

(iii)  in ways that allow the school district to maintain its

28

effort for special education expenditures.

29

(c)  Accountability for the effective use of resources to

30

meet student needs shall be provided in the following ways:

- 65 -

 


1

(1)  The Department of Education shall issue to the General

2

Assembly a comprehensive annual report on special education

3

funding, special education plans, the implementation of 22 Pa.

4

Code § 14.104 and other special education accountability issues

5

for public school entities serving eligible students and this

6

Commonwealth.

7

(2)  Upon disapproving a school district's special education

8

plan, update or revision, the Department of Education shall

9

withhold the portion of the annual State increase in special

10

education funding which exceeds the index until such a time as a

11

written special education plan, update or revision is approved

12

or conditionally approved.

13

(3)  (i)  The Department of Education shall:

14

(A)  review and monitor implementation of all special

15

education plans, including, but not limited to, compliance with

16

subsection (b) and 22 Pa. Code § 14.104;

17

(B)  provide support, intervention and technical assistance

18

in school districts failing to meet student needs based on

19

performance indicators or failing to comply with subsection (b);

20

(C)  identify at any time and at least annually all school

21

districts failing to adequately implement their special

22

education plans in compliance with Federal and State law,

23

failing to comply with subsection (b) or not making annual

24

progress to meet student needs based on performance indicators;

25

and

26

(D)  determine whether to withhold up to five percent (5%) of

27

all State special education funding for school districts

28

identified pursuant to this clause while the identified problems

29

remain unresolved.

30

(ii)  If the Department of Education determines that a school

- 66 -

 


1

district is making substantial progress toward resolving the

2

identified problems, it shall restore the withheld funding

3

retroactively and continue to monitor the district for an

4

additional two (2) years.

5

(4)  To discourage the inappropriate over-identification of

6

children for special education, the Department of Education

7

shall automatically conduct a thorough review of the special

8

education plan of any school district where the ratio of its

9

special education average daily membership to its average daily

10

membership for all students in the most recent school year for

11

which data is available has increased by more than ten percent

12

(10%) over the previous year or of any district where the ratio

13

has increased by an annual average of more than five percent

14

(5%) during the most recent five (5) year period. Appropriate

15

remedial action, including withholding up to five percent (5%)

16

of all State special education funding, may be taken, unless the

17

increase is determined to be justified by the Department of

18

Education after consultation with the school district.

19

(d)  The Department of Education shall issue to any affected

20

school district a notice specifying the department's decisions

21

and actions pursuant to this section and the rationale for such

22

decisions and actions. A school district may file a written

23

complaint with the Secretary of Education about the Department

24

of Education's decisions and actions regarding that district

25

made pursuant to this section. The complaint must be submitted

26

to the Secretary of Education's office within thirty (30)

27

calendar days of the Department of Education's decision or

28

action or within thirty (30) calendar days of receiving the

29

notice, whichever is greater. The Secretary of Education shall

30

consider the complaint, consult with the school district and,

- 67 -

 


1

within thirty (30) calendar days after receiving the complaint,

2

issue a written decision addressing the concerns and claims made

3

in the complaint, explaining the judgment of the Department of

4

Education in response to these concerns and claims, and

5

specifying the opportunity for a subsequent hearing under 2

6

Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of

7

Commonwealth agencies) and 7 Subch. A (relating to judicial

8

review of Commonwealth agency action) and 1 Pa. Code Part II

9

(relating to general rules of administrative practice and

10

procedure). If requested, the Department of Education shall then

11

convene a hearing within thirty (30) calendar days after the

12

receipt of a school district's hearing request following its

13

written complaint decision. The Department of Education shall

14

render a written hearing decision within thirty (30) calendar

15

days following the hearing.

16

(e)  The Department of Education shall give public notice of

17

the decisions, actions and reports made pursuant to this

18

section.

19

(f)  Nothing in this section shall supersede or preempt any

20

provisions of a collective bargaining agreement between a school

21

entity and an employee organization in effect on the effective

22

date of this section.

23

Section 34.  Any regulations of the Department of Education

24

that are inconsistent with the amendment of section 1209 of the

25

act are hereby abrogated to the extent of any inconsistency.

26

Section 35.  Within 60 calendar days following the effective

27

date of this section, or within a different time period if

28

otherwise specified in this act, the Secretary of Education

29

shall propose regulations for promulgation by the State Board of

30

Education which implement the addition or amendment of sections

- 68 -

 


1

2501, 2509.13 and 2509.14 of the act.

2

Section 36.  This act shall take effect as follows:

3

(1)  The addition of section 528 of the act shall take

4

effect in 180 days.

5

(2)  The amendment of section 1414.1 of the act shall

6

take effect in 90 days.

7

(3)  The remainder of this act shall take effect

8

immediately.

9

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

<--

10

as the Public School Code of 1949, is amended by adding sections

11

to read:

12

Section 528.  Parent Involvement Programs and Policies.--(a)

13

The board of school directors in a school district of the first

14

class, first class A, second class, third class or fourth class

15

shall establish a parent involvement program, parent involvement

16

policy and parent involvement committee. No school entity shall

17

be required to establish a new program or policy under this

18

section if one currently exists and reasonably fulfills the

19

requirements of this section.

20

(b)  A parent involvement program established by a board of

21

school directors shall include the following:

22

(1)  Identification of existing resources, activities or

23

materials in the school district that may be used by parents to

24

improve the academic achievement of students in the school

25

district.

26

(2)  Identification of existing resources, activities or

27

materials in the school district that may be used by parents to

28

improve or supplement techniques used by parents at home to

29

support and improve the academic achievement of students in the

30

school district.

- 69 -

 


1

(3)  Identification of a districtwide system of communicating

2

information between parents and school officials regarding the

3

curriculum, academic goals and strategic plan of the school

4

district.

5

(4)  Identification of any supplemental academic services

6

available to students whose score on any Pennsylvania System of

7

School Assessment test is below proficient.

8

(5)  Identification of any mechanism through which parents

9

can provide recommendations to the board of school directors

10

regarding programs that may improve the academic achievement of

11

students in the school district.

12

(6)  Identification of any mechanism through which the school

13

district can provide information to parents regarding resources,

14

activities or materials in the school district that may be used

15

by parents to improve the academic achievement of their

16

students.

17

(c)  A parent involvement policy established by a board of

18

school directors shall include the following:

19

(1)  Identification of goals and objectives for the

20

involvement of parents in the improvement of the academic

21

achievement of students in the school district.

22

(2)  Identification of specific strategies to meet the goals

23

and objectives required under paragraph (1).

24

(3)  Explanation of the resources, activities, materials and

25

mechanisms identified in the parent involvement program.

26

(4)  Explanation of the role of the parent involvement

27

committee established under subsection (d).

28

(d)  A parent involvement committee established by a board of

29

school directors shall consist of parents of students enrolled

30

in the school district and shall be responsible for providing

- 70 -

 


1

the board of school directors with recommendations on the school

2

district's parent involvement program and parent involvement

3

policy. If a school district currently has established a

4

committee of parents that makes recommendations on school

5

policies, the board of school directors may utilize that

6

committee to meet the requirements of this subsection.

7

(e)  A board of school directors shall provide for the

8

publication and dissemination of information related to the

9

school district's parent involvement program and parent

10

involvement policy. The board of school directors shall:

11

(1)  Make the parental involvement policy available on its

12

publicly accessible Internet website, if available.

13

(2)  Make copies of the parent involvement program and parent

14

involvement policy available for inspection in the

15

administrative office of the school district and provide copies

16

upon request.

17

(3)  Provide copies of the parent involvement program and

18

parent involvement policy to the Department of Education no

19

later than sixty (60) days from the effective date of this

20

section.

21

Section 615.  Workers' Compensation Safety Committee.--(a)

22

Each school district shall have and maintain a certified safety

23

committee by December 31, 2010, for the purposes of section

24

1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as

25

the "Workers' Compensation Act." The Department of Labor and

26

Industry shall annually provide the Department of Education with

27

the list of school districts who have a certified safety

28

committee. In the case of a school district that does not comply

29

with this section, the Department of Education shall annually

30

deduct from any allocation from the Commonwealth to which the

- 71 -

 


1

school district is entitled the amount of the discount the

2

school district would otherwise receive under section 1002(b) of

3

the "Workers' Compensation Act."

4

(b)  This section shall not apply to a school district that

5

cannot receive a premium discount under section 1002(b) of the

6

"Workers' Compensation Act," or an equivalent reduction in

7

contribution rates, by establishing and maintaining a certified

8

safety committee because it is authorized to self-insure its

9

liabilities under section 305 of the "Workers' Compensation Act"

10

or pool its liabilities under section 802 of the "Workers'

11

Compensation Act."

12

Section 2.  Section 687(j) of the act, amended July 9, 2008

13

(P.L.846, No.61), is amended to read:

14

Section 687.  Annual Budget; Additional or Increased

15

Appropriations; Transfer of Funds.--* * *

16

(j)  Notwithstanding any other provisions of this act, the

17

board of school directors of each school district may reopen its

18

2003-2004 budget, its 2004-2005 budget, its 2005-2006 budget,

19

its 2006-2007 budget, its 2007-2008 budget [or], its 2008-2009

20

budget, or its 2009-2010 budget to reflect any State allocations

21

for fiscal year 2003-2004, fiscal year 2004-2005, fiscal year

22

2005-2006, fiscal year 2006-2007, fiscal year 2007-2008 [or], 

23

fiscal year 2008-2009, or fiscal year 2009-2010 provided by the

24

General Assembly through this act.

25

Section 3.  Section 688(c) of the act, added December 23,

26

2003 (P.L.304, NO.48), is amended and the section is amended by

27

adding a subsection to read:

28

Section 688.  Limitations on Certain Unreserved Fund

29

Balances.--* * *

30

(b.1)  (1)  A school district may designate some or all of

- 72 -

 


1

its estimated unreserved fund balance for the purpose of making

2

payments to the fund under 24 Pa.C.S. § 8327 (relating to

3

payments by employers) in advance of a projected increase in the

4

employer contribution rate calculated under 24 Pa.C.S. § 8328

5

(relating to actuarial cost method).

6

(2)  Nothing in paragraph (1) shall be construed to

7

invalidate a school district designation of all or part of its

8

unreserved fund balance for the purpose of making payments to

9

the fund under 24 Pa.C.S. § 8327, which designation occurred

10

prior to the effective date of this subsection.

11

(c)  As used in this section[, "estimated]:

12

"Estimated ending unreserved, undesignated fund balance"

13

shall mean that portion of the fund balance which is

14

appropriable for expenditure or not legally or otherwise

15

segregated for a specific or tentative future use, projected for

16

the close of the school year for which a school district's

17

budget was adopted and held in the General Fund accounts of the

18

school district.

19

"Fund" shall mean the Public School Employees' Retirement

20

Fund.

21

Section 4.  Section 701.1 of the act, amended July 4, 2004

22

(P.L.536, No.70), is amended to read:

23

Section 701.1.  Referendum or Public Hearing Required Prior

24

to Construction or Lease.--Except where the approval of the

25

electors is obtained to incur indebtedness to finance the

26

construction of a school project, the board of school directors

27

of any school district of the second, third or fourth classes,

28

shall not construct, enter into a contract to construct or enter

29

into a contract to lease a new school building or substantial

30

addition to an existing school building without the consent of

- 73 -

 


1

the electors obtained by referendum or without holding a public

2

hearing as hereinafter provided. In the event that a new school

3

building or a substantial addition to an existing building is to

4

be constructed or leased, the school board shall, by a majority

5

vote of all its members, authorize a maximum project cost and a

6

maximum building construction cost to be financed by the

7

district or amortized by lease rentals to be paid by the

8

district. Building construction cost shall consist of the cost

9

of all building construction including general construction

10

costs, plumbing, heating, electrical, ventilating and other

11

structural costs, equipment and fixtures and architectural and

12

engineering fees relating thereto, but not including costs for

13

site acquisition and development, rough grading to receive the

14

building, sewage treatment facilities or equivalent capital

15

contributions, and architectural and engineering fees relating

16

thereto. Building construction cost shall not include any

17

additional costs incurred to meet certification requirements of

18

a green building standard. In all cases, a public hearing shall

19

be held not later than thirty (30) days before the school

20

district submits the initial building construction cost and 

21

green building standard cost estimates to the Department of

22

Education for approval. Notice of the hearing shall be given not

23

later than twenty (20) days before the date of the scheduled

24

hearing. In the event that the maximum building construction

25

cost authorization exceeds the aggregate building expenditure

26

standard hereinafter specified, the aforesaid authorization of

27

the school board shall be submitted to the electors of the

28

school district for their approval within six (6) months prior

29

to submission of the final building construction cost bids to

30

the Department of Education for approval. Such referendum shall

- 74 -

 


1

be held in the same manner as provided by law for the approval

2

of the incurring of indebtedness by referendum. The question as

3

submitted shall specify the maximum project cost, the maximum

4

building construction cost and the annual sinking fund charge or

5

lease rental to be incurred by the school district and the

6

portion of such charge or rental expected to be reimbursed by

7

the Commonwealth. If the final building construction cost bids

8

to be submitted to the Department of Education for approval are

9

less than the aggregate building expenditure standard hereafter

10

specified but exceed by eight (8) per cent or more the initial

11

building construction cost estimates submitted to the Department

12

for approval, a second public hearing shall be held before the

13

Department shall give its final approval.

14

The applicable aggregate building expenditure standard shall

15

be a total amount calculated for each building or substantial

16

addition by multiplying the rated pupil capacity under the

17

approved room schedule by the following: two thousand eight

18

hundred dollars ($2,800) for each pupil of rated elementary

19

capacity; four thousand two hundred dollars ($4,200) for each

20

pupil of rated secondary capacity in grades seven, eight and

21

nine and five thousand two hundred dollars ($5,200) for each

22

pupil of rated secondary capacity in grades ten, eleven and

23

twelve and five thousand two hundred dollars ($5,200) for each

24

pupil of rated vocational-technical capacity in grades ten,

25

eleven and twelve to not include the cost of equipment and

26

fixtures in such vocational-technical schools: Provided,

27

however, That each of the preceding per pupil amounts shall be

28

adjusted by the Department of Education on July 1, 1974; and

29

annually thereafter through July 1, 2003, by multiplying said

30

amounts by the ratio of the composite construction cost index

- 75 -

 


1

compiled and published by the United States Department of

2

Commerce for the preceding calendar year to such index for the

3

next preceding calendar year; and Further Provided, however,

4

That each of the preceding per pupil amounts shall be adjusted

5

by the Department of Education on July 1, 2004; and annually

6

thereafter by multiplying said amounts by the ratio of the

7

Building Cost Index published by the McGraw-Hill Companies for

8

the preceding calendar year to such index for the next preceding

9

calendar year. Rated elementary pupil capacity or rated

10

secondary pupil capacity for any school building shall be the

11

rated pupil capacity determined on the basis of the method used

12

by the Department for school building reimbursement purposes

13

during the school year 1971-1972.

14

For purposes of this section:

15

(1)  "Site acquisition" includes the cost of land and mineral

16

rights, demolition and clearing, rights-of-way and related

17

utility relocations, surveys and soils analysis, and the cost of

18

all fees relating thereto.

19

(2)  "Site development" includes excavation, grouting or

20

shoring, special foundations for buildings, access roads to

21

site, utilities on site, extension of utilities to site.

22

(3)  "Equipment and fixtures" means property fixed or movable

23

which is incidental and necessary to conduct the educational

24

program, and includes, but is not limited to movable equipment

25

such as desks, chairs, tables, portable physical education

26

equipment, audio-visual equipment and science, homemaking,

27

industrial art and business equipment and instructional

28

materials and fixtures such as casework, laboratory equipment,

29

kitchen equipment, auditorium seating and any other special

30

fixtures or equipment required to conduct a particular

- 76 -

 


1

educational program.

2

(4)  "Substantial addition" means more than twenty (20) per

3

centum of the area and replacement value of the structure to

4

which the improvement is to be added.

5

(5)  "Green building standard" means a building standard that

6

meets the following criteria:

7

(i)  Is consensus-based, as defined by the Office of

8

Management and Budget, Circular A-119, dated February 10, 1998.

9

(ii)  At a minimum, includes performance-based categories or

10

credits that will foster the optimization of a building's energy

11

performance and use of environmentally benign building materials

12

and technologies.

13

(iii)  Requires documentation, verifiable calculations or

14

equivalent procedures to substantiate and support any and all

15

claims made regarding a building's energy performance and the

16

use of environmentally benign materials.

17

(iv)  Employs third-party, postconstruction review and

18

verification of achievement of certification.

19

(v)  Has a performance record of certified green buildings in

20

the United States.

21

(6)  "Green building standard cost" means the design,

22

construction and registration costs directly attributable to

23

achieving points under a green building standard, including, but

24

not limited to, energy performance benchmarking; life-cycle cost

25

assessments; low-impact development; storm water management

26

technologies; energy and lighting modeling; alternative energy

27

technology; building commissioning and the cost of registration

28

with the organization providing the green building standard.

29

Section 5.  The act is amended by adding an article to read:

30

ARTICLE XI-B

- 77 -

 


1

CERTIFICATION OF TEACHERS 

2

BY THE NATIONAL BOARD FOR

3

PROFESSIONAL TEACHING STANDARDS

4

Section 1101-B.  Definitions.

5

The following words and phrases when used in this article

6

shall have the meanings given to them in this section unless the

7

context clearly indicates otherwise:

8

"Department."  The Department of Education of the

9

Commonwealth.

10

"Eligible teacher."  A teacher who:

11

(1)  Is a current Pennsylvania resident.

12

(2)  Currently holds a valid Pennsylvania teaching

13

certification in good standing.

14

(3)  Has completed three full years of teaching or school

15

counseling in a Pennsylvania public school, intermediate unit

16

or area vocational-technical school.

17

(4)  Holds a current, full-time teaching or school

18

counseling position in a Pennsylvania public school,

19

intermediate unit or area vocational-technical school.

20

(5)  Has not previously received Commonwealth funds for

21

participating in any certification area of the NBPTS program.

22

(6)  Has not repaid any Commonwealth funds previously

23

received for the NBPTS certification process.

24

(7)  Has not received a waiver of repayment from the

25

Department of Education.

26

"National Board for Professional Teaching Standards" or

27

"NBPTS."  The independent, nonprofit organization established in

28

1987 to establish high standards for teachers' knowledge and

29

performance and for development and operation of a national

30

voluntary system to assess and certify teachers who meet those

- 78 -

 


1

standards.

2

"Public school."  A school operated by a school district,

3

intermediate unit, charter school, cyber charter school or an

4

area vocational-technical school.

5

Section 1102-B.  Program.

6

(a)  Establishment.--A program to help defray the cost to

7

teachers of becoming certified by the National Board for

8

Professional Teaching Standards is established.

9

(b)  Goal.--It is the goal of the Commonwealth to provide

10

opportunities and incentives for excellent teachers and to

11

retain them in the teaching profession. To attain this goal, the

12

Commonwealth shall support the efforts of teachers to achieve

13

national certification by providing reimbursement to public

14

schools for substitute fees associated with teachers

15

participating in the certification process and paying the

16

assessment fee for teachers who seek to attain national

17

certification from the National Board for Professional Teaching

18

Standards.

19

Section 1103-B.  Payment of fees.

20

To the extent funds are available, the Commonwealth shall do

21

all of the following:

22

(1)  Pay all or a portion of the cost of NBPTS assessment

23

fees on behalf of an eligible teacher to become NBPTS

24

certified or recertified.

25

(2)  Reimburse school districts for substitute fees for

26

each day the eligible teacher participates in preparation for

27

NBPTS certification, up to three days.

28

Section 1104-B.  Priority.

29

(a)  Schools in school improvement or corrective action.--

30

Eligible teachers who teach in schools identified as in school

- 79 -

 


1

improvement or corrective action shall receive first priority

2

for payment of assessment fees under this article. The eligible

3

teachers' districts shall also receive first priority for

4

substitute fees reimbursement.

5

(b)  Other priority.--Eligible teachers who teach early

6

childhood education, mathematics or science at the middle or 

7

secondary level or who teach special education or foreign

8

languages shall receive second priority for payment of

9

assessment fees under this article. The eligible teachers'

10

districts shall also receive second priority for substitute fees 

11

reimbursement.

12

Section 1105-B.  Duties of eligible teachers.

13

(a)  Completion of process.--An eligible teacher on whose

14

behalf the assessment fee is paid shall agree to complete the

15

certification process or be subject to repayment as set forth in

16

section 1106-B(a).

17

(b)  Three-year commitment.--An eligible teacher on whose

18

behalf the assessment fee is paid and who receives NBPTS

19

certification shall, in addition to the requirement under

20

subsection (a), agree to serve as a teacher or administrator in

21

a Pennsylvania public school for a period of at least three

22

years or be subject to repayment as set forth in section 1106-

23

B(b). Eligible teachers who receive priority under section 1104-

24

B and who receive NBPTS certification shall teach in that

25

priority class for the three-year commitment period. If an

26

eligible teacher receives priority under section 1104-B(a) and

27

the school is removed from improvement or corrective action

28

during the three-year commitment period, service in the same

29

school or in another school identified as in school improvement

30

or corrective action shall continue to fulfill the requirements

- 80 -

 


1

of this subsection.

2

Section 1106-B.  Repayment.

3

(a)  Failure to complete the certification process.--When an

4

eligible teacher for whom the Commonwealth has paid the

5

assessment fee fails to complete the certification process, the

6

teacher shall reimburse the Commonwealth for the amount of the

7

assessment fee. A candidate who completes the certification

8

process but is denied NBPTS certification shall not be subject

9

to repayment pursuant to this subsection.

10

(b)  Failure to continue teaching.--When an eligible teacher

11

for whom the Commonwealth has paid the assessment fee fails to

12

meet the requirements of section 1105-B(b), the teacher shall

13

reimburse the Commonwealth for the amount of the assessment fee.

14

The teacher shall certify to the department each year that the

15

teacher is in compliance with section 1105-B(b).

16

(c)  Waiver of repayment.--Upon the application of the

17

eligible teacher, the department shall waive the repayment

18

requirement if the department finds that the teacher was unable

19

to complete the process or meet the requirements of section

20

1105-B(b) for teaching in a priority class or school identified

21

as in school improvement or corrective action due to

22

administrative action on the part of the school district or area

23

vocational-technical school for other than causes enumerated in

24

section 1122, or continue teaching due to illness of the

25

teacher, the death or catastrophic illness of a member of the

26

teacher's immediate family, or parental leave to care for a

27

newborn or newly adopted child and may waive the repayment

28

requirement due to other extraordinary circumstances.

29

Section 1107-B.  Duties of department.

30

(a)  Guidelines.--The department shall develop guidelines

- 81 -

 


1

necessary for the implementation of this article.

2

(b)  Technical assistance.--To the extent funds are

3

available, the department shall provide technical assistance to

4

NBPTS applicants. The department may contract with one or more

5

institutions of higher education or intermediate units in order

6

to provide technical assistance.

7

Section 6.  Section 1201 of the act, amended January 14, 1970

8

(1969 P.L.468, No.192), is amended to read:

9

Section 1201.  Certificates Qualifying Persons to Teach.--

10

Only those persons holding one of the following certificates

11

shall be qualified to teach in the public schools of this

12

Commonwealth--(1) Permanent college certificate, (2) provisional

13

college certificate, (3) normal school diploma, (4) normal

14

school certificate, (5) special permanent certificate, (6)

15

special temporary certificate, (7) permanent State certificate,

16

(8) residency certificate, (9) certificates which are permanent

17

licenses to teach by virtue of the provisions of section one

18

thousand three hundred eight of the act, approved the eighteenth

19

day of May, one thousand nine hundred eleven (Pamphlet Laws

20

309), as amended, which is repealed hereby, or [(9)] (10) such

21

other kinds of certificates as are issued under the standards

22

prescribed by the State Board of Education. The State Board of

23

Education shall also provide for issuance of certificates by

24

district superintendents to meet such emergencies or shortage of

25

teachers as may occur.

26

Section 7.  Section 1203 of the act is amended to read:

27

Section 1203.  Kinds of State Certificates.--State

28

certificates hereafter granted shall include the following:

29

Provisional College Certificates,

30

Permanent College Certificates,

- 82 -

 


1

Certificates issued by other states and validated by the

2

Superintendent of Public Instruction,

3

Special Temporary Certificates,

4

Special Permanent Certificates[.],

5

Residency Certificates.

6

All persons receiving any of such certificates shall have

7

qualifications not less than graduation from a State Teachers'

8

College of this Commonwealth, or equivalent training. Residency

9

certificate program training completed under section 1207.1

10

shall be considered equivalent training for purposes of this

11

act.

12

Every college certificate shall set forth the names of the

13

college or university from which its holder was graduated. State

14

certificates shall entitle their holders to teach in every part

15

of this Commonwealth for the terms herein specified.

16

Section 8.  The act is amended by adding a section to read:

17

Section 1207.1.  Residency Certificates.--(a)  The Secretary

18

of Education may make a one-time issuance of a residency

19

certificate for service in a specific shortage area of

20

instruction in public schools of this Commonwealth to an

21

applicant who meets all of the following:

22

(1)  Satisfies the requirements specified under section 1209.

23

(2)  Meets one of the following:

24

(i)  Holds a doctoral degree from an accredited college or

25

university in the subject area of shortage.

26

(ii)  Holds a master's degree from an accredited college or

27

university in the subject area of shortage and has at least two

28

years of work experience in the subject area or related field.

29

(iii)  Holds a bachelor's degree from an accredited college

30

or university in the subject area of shortage and has at least

- 83 -

 


1

five years of work experience in the subject area or related

2

field.

3

(3)  Is continuously enrolled in an approved residency

4

program.

5

(4)  Presents evidence of satisfactory achievement on the

6

appropriate subject area content test.

7

(b)  A residency certificate shall be valid for three years

8

of teaching in the public schools of this Commonwealth in the

9

area for which it applies.

10

(c)  The secretary shall have all of the following powers and

11

duties related to the issuance of residency certificates:

12

(1)  Identify areas of certification in which there is a

13

Statewide or regional shortage of qualified teachers.

14

(2)  Develop guidelines for the residency program which shall

15

include:

16

(i)  Preplacement instruction and training.

17

(ii)  Instruction and training in the following:

18

(A)  Educational strategies for the designated subject area

19

for which the residency certificate is issued.

20

(B)  Child development specifically related to the level of

21

the certificate sought.

22

(C)  Emotional support.

23

(D)  Pennsylvania academic standards.

24

(E)  Assessment knowledge and skills.

25

(F)  Pennsylvania standards and aligned system knowledge.

26

(iii)  Requirements for oversight and mentoring that include

27

induction, classroom observations and professional development

28

for the certificate holder during the three years of service in

29

the public schools of this Commonwealth.

30

(3)  Approve all residency programs.

- 84 -

 


1

(4)  Issue residency certificates to qualified applicants.

2

(5)  Report annually to the State Board of Education on the

3

number of residency certificates issued under this section.

4

(d)  A residency certificate may be converted to an

5

Instructional I Certificate upon the completion of all residency

6

program requirements under Department of Education guidelines

7

and the completion of three years of satisfactory teaching in

8

the public schools of this Commonwealth.

9

Section 9.  Section 1209 of the act, amended April 15, 1959

10

(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended

11

to read:

12

Section 1209.  Disqualifications.--No teacher's certificate

13

shall be granted to any person who [has]:

14

(1)  Has not submitted, upon a blank furnished by the

15

[Superintendent of Public Instruction] Secretary of Education, a

16

certificate from a physician [legally qualified to practice

17

medicine], certified registered nurse practitioner or physician

18

assistant licensed or certified in this Commonwealth, or in any

19

other state or the District of Columbia, setting forth that

20

[said] the applicant is [neither mentally nor physically

21

disqualified, by reason of tuberculosis or any other

22

communicable disease or by reason of mental disorder] not

23

disqualified by reason of a mental or physical disability or a

24

communicable disease from the successful performance of the

25

[duties of a teacher; nor to any person who has not] essential

26

functions of a teacher with or without a reasonable

27

accommodation.

28

(2)  Does not have a good moral character[, or who is].

29

(3)  [in the habit of using opium or other narcotic drugs in

30

any form, or any intoxicating drink as a beverage, or to any

- 85 -

 


1

applicant who has a major physical disability or defect unless

2

such a person submits a certificate signed by an official of the

3

college or university from which he was graduated or of an

4

appropriate rehabilitation agency, certifying that in the

5

opinion of such official the applicant, by his work and

6

activities, demonstrated that he is sufficiently adjusted,

7

trained and motivated to perform the duties of a teacher,

8

notwithstanding his impediment.] Engages in the illegal use of

9

controlled substances or alcoholic beverages. An applicant for

10

certification may overcome the disqualification under this

11

paragraph and receive a teaching certificate if the applicant is

12

reviewed by the Department of Education pursuant to the

13

requirement of paragraph (2) and determined to be of good moral

14

character.

15

Section 10.  The act is amended by adding a section to read:

16

Section 1320.  Use of Seclusion.--(a)  The State Board of

17

Education shall, within one year of the effective date of this

18

section, adopt regulations establishing standards relating to

19

the use of seclusion, including, but not limited to, the

20

appropriateness of use for all students, training for personnel,

21

parental consent and notification, by a school entity or agency.

22

The regulations shall be consistent with existing Federal or

23

State regulations and shall not alter any provision of 22 Pa.

24

Code § 14.133 (relating to positive behavior support).

25

(b)  In adopting the regulations, the State Board of

26

Education shall follow the procedures set forth in the act of

27

July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth

28

Documents Law, and the act of June 25, 1982 (P.L.633, No.181),

29

known as the "Regulatory Review Act," for the promulgation and

30

review of final-omitted regulations.

- 86 -

 


1

(c)  The State Board of Education shall develop regulations

2

under this section in consultation with the Department of

3

Education, education and special education stakeholders, parents

4

and other interested parties.

5

(d)  As used in this section, the following words and phrases

6

shall have the meanings given to them in this subsection unless

7

the context clearly indicates otherwise:

8

"Agency" shall mean a school entity, approved private school,

9

State-operated program or facility or other public or private

10

organization providing educational services to children with

11

disabilities or providing early intervention services.

12

"School entity" shall mean a local public education provider

13

such as a school district, area vocational-technical school or

14

intermediate unit, including charter schools.

15

"Seclusion" shall mean the confinement of a student alone in

16

a room from which the student is physically prevented from

17

leaving.

18

Section 11.  Section 1327 of the act is amended by adding a

19

subsection to read:

20

Section 1327.  Compulsory School Attendance.--* * *

21

(a.1)  A student who is not in compliance with this section

22

shall be required to complete an interview in accordance with

23

section 1354.1.

24

* * *

25

Section 12.  Section 1330 of the act, amended May 11, 1949

26

(P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and

27

January 14, 1970 (1969 P.L.468, No.192), is amended to read:

28

Section 1330.  Exceptions to Compulsory Attendance.--(a)  The

29

provisions of this act requiring regular attendance shall not

30

apply to any child who--

- 87 -

 


1

(1)  Has attained the age of sixteen (16) years, and who is

2

regularly engaged in any useful and lawful employment or service

3

during the time the public schools are in session, and who holds

4

an employment certificate issued according to law;

5

(2)  Has been examined by an approved mental clinic or by a

6

person certified as a public school psychologist or

7

psychological examiner, and has been found to be unable to

8

profit from further public school attendance, and who has been

9

reported to the board of school directors and excused, in

10

accordance with regulations prescribed by the State Board of

11

Education.

12

(3)  Has attained the age of fifteen (15) years and is

13

engaged in farm work or domestic service in a private home on a

14

permit issued by the school board or the designated school

15

official of the school district of the child's residence, in

16

accordance with regulations which the Superintendent of Public

17

Instruction is hereby authorized to prescribe;

18

(4)  Has attained the age of fourteen (14) years and is

19

engaged in farm work or domestic service in a private home on a

20

permit issued as provided in clause (3) of this section, and who

21

has satisfactorily completed, either in public or private

22

schools, the equivalent of the highest grade of the elementary

23

school organization prevailing in the public schools of the

24

district in which he resides, if the issuance of such a permit

25

has first been recommended by the district superintendent of

26

schools having supervision of the schools of the district where

27

such child resides, or by the principal of the private school

28

where such child is enrolled, and the reason therefor has been

29

approved by the Superintendent of Public Instruction;

30

(5)  Except in districts of the fourth class and those of the

- 88 -

 


1

third class located wholly within the boundary lines of a

2

township, or within the boundary lines of a borough which has a

3

population of less than five hundred (500) inhabitants to the

4

square mile, resides two miles or more by the nearest public

5

highways from any public school in session and no proper free

6

transportation is furnished to such child to and from school.

7

(b)  A student who withdraws under this section shall

8

complete an interview in accordance with section 1354.1.

9

Section 13.  The act is amended by adding a section to read:

10

Section 1354.1.  Interview Reports for Withdrawing and

11

Illegally Absent Students.--(a)  It shall be the duty of a 

12

school principal of a public school or charter school to conduct

13

or assign a designee to conduct an interview for each student

14

who withdraws or is illegally absent for ten (10) days or more,

15

without lawful excuse, from that public school or charter

16

school. During the interview the student shall be made aware of

17

alternatives to withdrawing from the public school or charter

18

school. If the student is legally withdrawing as provided in

19

section 1330, the interview must be done in conjunction with the

20

verification of any work or farm permit issued. If the student

21

is not in compliance with the compulsory school attendance

22

provisions of this act, an interview must be conducted that

23

further inquires as to why the student is illegally absent. A

24

migratory child or a student withdrawing to attend another

25

public school entity, a charter school, cyber charter school,

26

home education program, nonpublic nonlicensed school, private

27

academic school or an approved institution of higher education

28

shall not be required to complete an interview required in this

29

section.

30

(b)  If a student fails to complete the interview required

- 89 -

 


1

under subsection (a), the school principal shall conduct an

2

interview with a parent or guardian of the student. The

3

principal shall send a written notice to the parent or guardian

4

by certified mail, return receipt requested, that informs the

5

parent or guardian of the interview required by and the penalty

6

for failure to comply with this subsection, and shall maintain a

7

copy of the notice and the return receipt, if any, with the

8

records of the student. The interview may be conducted in person

9

or via the telephone at a time most accommodating for both

10

parties. Failure of a parent or guardian to complete an

11

interview on behalf of the child of the parent or guardian

12

within fifteen (15) school days after the date written notice is

13

sent by certified mail is a violation of this section and the

14

school district or charter school may impose a civil penalty in

15

accordance with section 1333.

16

(c)  The Department of Education shall establish and

17

distribute a standard form to be completed by a school principal

18

or a designee during an interview. The form shall require, but

19

is not limited to, the following information: name, address,

20

telephone number, date of birth, most current student

21

identification number, current grade level, school name and

22

district, reasons for withdrawing, name, address and telephone

23

number of a parent or guardian and any other information the

24

department deems necessary. The form must be filed with the

25

Department of Education within thirty (30) days following the

26

interview. The data collected from the interviews, excluding

27

specific names and addresses and identification, will be used in

28

conjunction with the Electronic Dropout/Graduate Report (EDGR),

29

a data reporting system or a report of equivalence compiled and

30

distributed by the Division of Data Services of the Department

- 90 -

 


1

of Education. In addition, the information shall be made part of

2

the student's permanent record by the school district or charter

3

school. The report must be made public at the end of each fiscal

4

year.

5

(d)  The provisions of sections 1356 and 1357 shall not apply

6

to this section.

7

Section 14.  Sections 1376(a.2) and 1376.1(b.2) of the act,

8

amended July 4, 2004 (P.L.536, No.70), are amended to read: 

9

Section 1376.  Cost of Tuition and Maintenance of Certain

10

Exceptional Children in Approved Institutions.--* * *

11

(a.2)  For the 2005-2006 school year and each school year

12

thereafter, the Department of Education shall determine the

13

payment amount for each approved private school for all students

14

enrolled in an approved private school for the prior school year

15

as follows:

16

(1)  (i)  Multiply the payment determined for the immediate

17

preceding school year by one hundred and twenty-five percent

18

(125%) of the percentage increase in the appropriation for

19

special education for the fiscal year prior to the fiscal year

20

in which payments under this subsection are made.

21

(ii)  Add the product from subparagraph (i) to the payment

22

determined for the immediate preceding school year.

23

(iii)  In any fiscal year in which there is no increase in

24

the State appropriation for special education, the increase for

25

the approved private schools in the following fiscal year shall

26

be calculated by applying the multiplier in subsection (a.2)(1)

27

(i) to the average of the percentage increase in the

28

appropriation for special education and the appropriation for

29

basic education for the last fiscal year in which there was an

30

increase in the special education and basic education State

- 91 -

 


1

appropriations.

2

(2)  No later than May 10, 2005, and no later than May 10 of

3

each year thereafter, the Department of Education shall notify

4

each school district of residence or charter school of a child

5

enrolled in an approved private school of its payment amount

6

under subsection (a).

7

(3)  The Department of Education shall pay each approved

8

private school the total amount calculated pursuant to this

9

subsection divided into twelve (12) monthly payments. The

10

Department of Education shall withhold the school district or

11

charter school payment amount calculated under subsection (a)

12

from the amount of any and all State payments made to the school

13

district or charter school. In no event shall the sum of the

14

Commonwealth's share of payments to approved private schools

15

under this subsection exceed the appropriation for approved

16

private schools.

17

* * *

18

Section 1376.1.  Actual Cost of Tuition and Maintenance of

19

Certain Exceptional Children in the Four Chartered Schools for

20

Education of the Deaf and the Blind.--* * *

21

(b.2)  Payments are as follows:

22

(1)  For the 2005-2006 school year and each school year

23

thereafter, the department shall determine the payment amount

24

for each chartered school for all students enrolled in a

25

chartered school for the prior school year as follows:

26

(i)  Multiply the payment determined for the immediate

27

preceding school year by one hundred and twenty-five percent

28

(125%) of the percentage increase in the appropriation for

29

special education for the fiscal year prior to the fiscal year

30

in which payments under this subsection are made.

- 92 -

 


1

(ii)  Add the product under subparagraph (i) to the payment

2

determined for the immediately preceding school year.

3

(iii)  In any fiscal year in which there is no increase in

4

the State appropriation for special education, the increase for

5

the chartered schools for the deaf and blind in the following

6

fiscal year shall be calculated by applying the multiplier in

7

subsection (b.2)(1)(i) to the average of the percentage increase

8

in the appropriation for special education and the appropriation

9

for basic education for the last fiscal year in which there was

10

an increase in the special education and basic education funding

11

State appropriations.

12

(2)  No later than May 10, 2005, and no later than May 10 of

13

each school year thereafter, the department shall notify each

14

school district of residence or charter school of a child

15

enrolled in a chartered school of its payment amount under

16

subsection (b).

17

(3)  The department shall pay each chartered school the total

18

amount calculated pursuant to this subsection divided into

19

twelve (12) monthly payments. The department shall withhold the

20

school district or charter school payment amount calculated

21

under subsection (b) from the amount of any and all State

22

payments made to the school district or charter school. In no

23

event shall the sum of the Commonwealth's share of payments to

24

chartered schools under this subsection exceed the appropriation

25

for chartered schools.

26

* * *

27

Section 15.  The act is amended by adding a section to read:

28

Section 1377.2.  Emergency Permits at Approved Private

29

Schools and Chartered Schools for the Deaf and Blind.--Approved

30

private schools and chartered schools for the deaf and blind

- 93 -

 


1

shall have the authority to apply for emergency permits through

2

the Department of Education pursuant to the criteria for

3

eligibility established under 22 Pa. Code § 49.31 (relating to

4

criteria for eligibility) as if the teachers were employed by a

5

public school entity provided that all other conditions for

6

obtaining an emergency permit are met.

7

Section 16.  Section 1414.1 of the act, added November 30,

8

2004 (P.L.1471, No.187), is amended to read:

9

Section 1414.1.  Possession and Use of Asthma Inhalers and

10

Epinephrine Auto-Injectors.--(a)  Each school entity shall

11

develop a written policy to allow for the possession and self-

12

administration by children of school age of [an] asthma

13

[inhaler] inhalers and epinephrine auto-injectors, and the

14

prescribed medication to be administered thereby, in a school

15

setting. The policy shall comply with section 504 of the

16

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

17

et seq.) and 22 Pa. Code Ch. 15 (relating to protected

18

handicapped students). The policy shall be distributed with the

19

code of student conduct required under 22 Pa. Code § 12.3(c)

20

(relating to school rules) and made available on the school

21

entity's publicly accessible Internet website, if any.

22

(b)  The policy under this section shall require a child of

23

school age that desires to possess and self-administer an asthma

24

inhaler or epinephrine auto-injector in a school setting to

25

demonstrate the capability for self-administration and for

26

responsible behavior in the use thereof and to notify the school

27

nurse immediately following each use of an asthma inhaler or

28

epinephrine auto-injector. The school entity shall develop a

29

system whereby the child may [verify] demonstrate competency to

30

the school nurse that the child is capable of self-

- 94 -

 


1

administration and has permission for carrying and taking the

2

medication through the use of the asthma inhaler[.] or

3

epinephrine auto-injector. Determination of competency for self-

4

administration shall be based on age, cognitive function,

5

maturity and demonstration of responsible behavior. The school

6

entity shall also restrict the availability of the asthma

7

inhaler, the epinephrine auto-injector and the prescribed

8

medication contained therein from other children of school age[,

9

with immediate confiscation of both]. The policy shall specify

10

conditions under which a student may lose the privilege to self-

11

carry the asthma inhaler, the epinephrine auto-injector and the

12

medication [and loss of privileges] if the school policies are

13

abused or ignored. A school entity that prevents a student from

14

self-carrying an asthma inhaler or epinephrine auto-injector and

15

the prescribed medication shall ensure that they are

16

appropriately stored at locations in close proximity to the

17

student prohibited from self-carrying and notify the student's

18

classroom teachers of the places where the asthma inhaler or

19

epinephrine auto-injector and medication are to be stored and

20

means to access them.

21

(c)  The policy under this section may include the following:

22

(1)  The requirement of a written statement from the

23

physician, certified registered nurse practitioner or physician

24

assistant that provides the name of the drug, the dose, the

25

times when the medication is to be taken and the diagnosis or

26

reason the medicine is needed unless the reason should remain

27

confidential. The physician, certified registered nurse

28

practitioner or physician assistant shall indicate the potential

29

of any serious reaction that may occur to the medication, as

30

well as any necessary emergency response. The physician,

- 95 -

 


1

certified registered nurse practitioner or physician assistant

2

shall state whether the child is qualified and able to self-

3

administer the medication.

4

(2)  The requirement of a written request from the parent or

5

guardian that the school entity comply with the order of the

6

physician, certified registered nurse practitioner or physician

7

assistant. The parent's note shall include a statement relieving

8

the school entity or any school employe of any responsibility

9

for the benefits or consequences of the prescribed medication

10

when it is parent-authorized and acknowledging that the school

11

entity bears no responsibility for ensuring that the medication

12

is taken.

13

(3)  The ability of the school entity to reserve the right to

14

require a statement from the physician, certified registered

15

nurse practitioner or physician assistant for the continued use

16

of any medication beyond a specified time period. The school

17

entity shall also require updated prescriptions and parental

18

approvals on an annual basis from the pupil.

19

(d)  As used in this section, "school entity" means a school

20

district, intermediate unit, charter school or area vocational-

21

technical school.

22

(e)  Nothing in this section shall be construed to create,

23

establish or expand any civil liability on the part of any

24

school entity or school employe.

25

(f)  Within one hundred twenty (120) days of the effective

26

date of this subsection, the Department of Health in

27

coordination with the Department of Education shall provide

28

technical assistance, resources and publish information on the

29

Department of Health's publicly accessible Internet website

30

regarding the administration of medication for allergies by

- 96 -

 


1

persons employed with a school entity, including the following:

2

(1)  Proper use of epinephrine devices.

3

(2)  The importance of following the entity's student

4

services plan required under 22 Pa. Code § 12.41 (relating to

5

student services) and its responsibilities to comply with

6

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)

7

and 22 Pa. Code Ch. 15.

8

(3)  Recognition of the symptoms of a severe allergic

9

reaction.

10

(4)  Requirements for proper access, storage and security of

11

student medications.

12

(5)  Notification of appropriate persons following

13

administration of medications.

14

(6)  Recordkeeping.

15

Section 17.  Section 1611 of the act is amended by adding a

16

subsection to read:

17

Section 1611.  Academic Degrees.--* * *

18

(d)  A board of school directors may establish a program to

19

be known as "Operation Recognition" which provides for granting

20

a high school diploma to any honorably discharged veteran who

21

served in the United States military in the Vietnam War between

22

the twenty-eighth day of February, one thousand nine hundred

23

sixty-one, and the seventh day of May, one thousand nine hundred

24

seventy-five, who attended high school between one thousand nine

25

hundred fifty-eight and one thousand nine hundred seventy-five

26

and who would have been a member of a graduation class during

27

the years one thousand nine hundred sixty-two through one

28

thousand nine hundred seventy-five but did not graduate from

29

high school due to entry into military service. A board of

30

school directors may award a diploma posthumously to an eligible

- 97 -

 


1

veteran. An application for a diploma under this subsection must

2

be made in the manner prescribed by the board of school

3

directors.

4

Section 18.  Section 1725-A(a) of the act, amended June 29,

5

2002 (P.L.524, No.88), is amended to read:

6

Section 1725-A.  Funding for Charter Schools.--(a)  Funding

7

for a charter school shall be provided in the following manner:

8

(1)  There shall be no tuition charge for a resident or

9

nonresident student attending a charter school.

10

(2)  For non-special education students, the charter school

11

shall receive for each student enrolled no less than the

12

budgeted total expenditure per average daily membership of the

13

prior school year, as defined in section 2501(20), minus the

14

budgeted expenditures of the district of residence for nonpublic

15

school programs; adult education programs; community/junior

16

college programs; student transportation services; for special

17

education programs; facilities acquisition, construction and

18

improvement services; and other financing uses, including debt

19

service and fund transfers as provided in the Manual of

20

Accounting and Related Financial Procedures for Pennsylvania

21

School Systems established by the department. This amount shall

22

be paid by the district of residence of each student[.] or, upon

23

written request of the charter school, by the department to the

24

charter school in which a Pennsylvania resident student is

25

enrolled from any allocation for basic education funding to

26

which the school district in which the student resides is

27

entitled. The department shall establish payment guidelines and

28

notify the school district of receipt of a request for direct

29

payment by the department.

30

(3)  For special education students, the charter school shall

- 98 -

 


1

receive for each student enrolled the same funding as for each

2

non-special education student as provided in clause (2), plus an

3

additional amount determined by dividing the district of

4

residence's total special education expenditure by the product

5

of multiplying the combined percentage of section 2509.5(k)

6

times the district of residence's total average daily membership

7

for the prior school year. This amount shall be paid by the

8

district of residence of each student or, upon written request

9

of the charter school, by the department to the charter school

10

in which a Pennsylvania resident student is enrolled from any

11

allocation for basic education funding to which the school

12

district in which the student resides is entitled. The

13

department shall establish payment guidelines and notify the

14

school district of the receipt of a request for direct payment

15

by the department.

16

(4)  A charter school may request the intermediate unit in

17

which the charter school is located to provide services to

18

assist the charter school to address the specific needs of

19

exceptional students. The intermediate unit shall assist the

20

charter school and bill the charter school for the services. The

21

intermediate unit may not charge the charter school more for any

22

service than it charges the constituent districts of the

23

intermediate unit.

24

(5)  Payments shall be made to the charter school in twelve

25

(12) equal monthly payments, by the fifth day of each month,

26

within the operating school year, unless the charter school

27

receives direct payment from the department. A student enrolled

28

in a charter school shall be included in the average daily

29

membership of the student's district of residence for the

30

purpose of providing basic education funding payments and

- 99 -

 


1

special education funding pursuant to Article XXV. If a school

2

district fails to make a payment to a charter school as

3

prescribed in this clause, the secretary shall deduct the

4

estimated amount, as documented by the charter school, from any

5

and all State payments made to the district after receipt of

6

documentation from the charter school.

7

(6)  Within thirty (30) days after the secretary makes the

8

deduction described in clause (5) or if the charter school

9

receives direct payment from the department, a school district

10

may notify the secretary that the deduction made from State

11

payments to the district under this subsection is inaccurate.

12

The secretary shall provide the school district with an

13

opportunity to be heard concerning whether the charter school

14

documented that its students were enrolled in the charter

15

school, the period of time during which each student was

16

enrolled, the school district of residence of each student and

17

whether the amounts deducted from the school district were

18

accurate.

19

* * *

20

Section 19.  Section 1728-A of the act is amended by adding a

21

subsection to read:

22

Section 1728-A.  Annual Reports and Assessments.--* * *

23

(d)  The department shall publish an annual report that does

24

all of the following:

25

(1)  Identifies charter schools whose students are

26

academically out-performing comparable students enrolled in the

27

chartering school district.

28

(2)  Describes best practices used in the charter schools

29

identified under clause (1) that should be disseminated to all

30

school districts and charter schools.

- 100 -

 


1

(3)  Makes any necessary recommendations to the General

2

Assembly to further the dissemination and implementation of the

3

best practices identified under clause (2).

4

Section 20.  Section 1705-B(h) of the act, amended July 9,

5

2008 (P.L.846, No.61), is amended to read:

6

Section 1705-B.  Education Empowerment Districts.--* * *

7

(h)  (1)  A school district under a declaration of distress

8

pursuant to section 691(a) and certified as an education

9

empowerment district shall be operated by a special board of

10

control established under section 692. A board of control

11

established under this section shall be abolished upon the

12

appointment of a special board of control under section 692.

13

(2)  For a school district under a declaration of distress

14

pursuant to section 691(a) and certified as an education

15

empowerment district, the special board of control established

16

under section 692 shall have the powers and duties of a special

17

board of control under section 692 and the powers and duties

18

contained in section 1706-B.

19

(3)  For a school district with a history of low test

20

performance that is certified as distressed for a minimum period

21

of two (2) years under sections 691 and 692, the department

22

shall waive the inclusion of the school district on the

23

education empowerment list under section 1703-B(a) and

24

immediately certify the school district as an education

25

empowerment district.

26

(4)  The department may utilize up to $4,500,000 of

27

undistributed funds not expended, encumbered or committed from

28

appropriations for grants and subsidies made to the department

29

to assist school districts certified as an education empowerment

30

district under paragraph (3). There is hereby established a

- 101 -

 


1

restricted account from which payments under this paragraph

2

shall be paid. Funds shall be transferred by the Secretary of

3

the Budget to the restricted account to the extent necessary to

4

make payments under this paragraph. Funds in the restricted

5

account are hereby appropriated to carry out the purposes of

6

this paragraph. The subsidy payment from this account shall be

7

utilized to supplement the operational budget of the eligible

8

school districts. This paragraph shall apply to fiscal years

9

2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005,

10

2005-2006, 2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010 

11

and shall expire June 30, [2009] 2010.

12

Section 21.  Section 1714-B of the act is amended by adding a

13

subsection to read:

14

Section 1714-B.  Mandate Waiver Program.--* * *

15

(g.2)  Any mandate waiver of section 751 shall be limited to

16

the extent the waiver recipient must solicit separate prime bids

17

and single prime bids and shall award the contract or contracts

18

to the lowest responsible bid option.

19

* * *

20

Section 22.  Section 2002-B of the act, amended or added July

21

11, 2006 (P.L.1092, No.114) and July 9, 2008 (P.L.846, No.61),

22

is amended to read:

23

Section 2002-B.  Definitions.

24

The following words and phrases when used in this article

25

shall have the meanings given to them in this section unless the

26

context clearly indicates otherwise:

27

"Business firm."  An entity authorized to do business in this

28

Commonwealth and subject to taxes imposed under Article III, IV,

29

VI, VII, VIII, IX or XV of the act of March 4, 1971 (P.L.6,

30

No.2), known as the Tax Reform Code of 1971. This term includes

- 102 -

 


1

a pass-through entity.

2

"Contribution."  A donation of cash, personal property or

3

services the value of which is the net cost of the donation to

4

the donor or the pro rata hourly wage, including benefits, of

5

the individual performing the services.

6

"Department."  The Department of Community and Economic

7

Development of the Commonwealth.

8

"Educational improvement organization."  A nonprofit entity

9

which:

10

(1)  is exempt from Federal taxation under section 501(c)

11

(3) of the Internal Revenue Code of 1986 (Public Law 99-514,

12

26 U.S.C. § 1 et seq.); and

13

(2)  contributes at least 80% of its annual receipts as

14

grants to a public school for innovative educational

15

programs.

16

For purposes of this definition, a nonprofit entity

17

"contributes" its annual cash receipts when it expends or

18

otherwise irrevocably encumbers those funds for expenditure

19

during the then current fiscal year of the nonprofit entity or

20

during the next succeeding fiscal year of the nonprofit entity.

21

"Eligible pre-kindergarten student."  For participation in

22

the pre-kindergarten scholarship program, a student who is

23

enrolled in a pre-kindergarten program and is a member of a

24

household with an annual household income of not more than

25

[$50,000] $60,000. An income allowance of [$10,000] $12,000 

26

shall be allowed for each eligible student and dependent member

27

of the household. The Department of Community and Economic

28

Development shall adjust the income amounts under this

29

definition on July 1 of each year to reflect any upward changes

30

in the Consumer Price Index for All Urban Consumers (CPI-U) for

- 103 -

 


1

the Pennsylvania, New Jersey, Delaware and Maryland area in the

2

preceding 12 months, as calculated by the United States

3

Department of Labor, Bureau of Labor Statistics, and shall

4

immediately thereafter publish the adjusted amounts in the

5

Pennsylvania Bulletin.

6

"Eligible student."  A school-age student who is enrolled in

7

a school and is a member of a household with an annual household

8

income of not more than [$50,000] $60,000. An income allowance

9

of [$10,000] $12,000 shall be allowed for each eligible student

10

and dependent member of the household. The Department of 

11

Community and Economic Development shall adjust the income

12

amounts under this definition on July 1 of each year to reflect

13

any upward changes in the Consumer Price Index for All Urban

14

Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and

15

Maryland area in the preceding 12 months, as calculated by the

16

United States Department of Labor, Bureau of Labor Statistics,

17

and shall immediately thereafter publish the adjusted amounts in

18

the Pennsylvania Bulletin.

19

"Eligible student with a disability."  A pre-kindergarten

20

student or a school age student:

21

(1)  who is either enrolled in a special education

22

school, or has otherwise been identified, in accordance with

23

22 Pa. Code Ch. 14 (relating to special education services

24

and programs), as a "child with a disability," as defined in

25

34 CFR § 300.8 (relating to child with disability);

26

(2)  who, by reason thereof, needs special education and

27

related services; 

28

(3)  who is enrolled in a pre-kindergarten program or in

29

a school; and

30

(4)  who is a member of a household with an annual

- 104 -

 


1

household income of not more than the maximum allowable

2

household income for students with a disability.

3

"Household."  An individual living alone or with the

4

following: a spouse, parent and their unemancipated minor

5

children; and other unemancipated minor children who are related

6

by blood or marriage; or other adults or unemancipated minor

7

children living in the household who are dependent upon the

8

individual.

9

"Household income."  All moneys or property received of

10

whatever nature and from whatever source derived. The term does

11

not include the following:

12

(1)  Periodic payments for sickness and disability other

13

than regular wages received during a period of sickness or

14

disability.

15

(2)  Disability, retirement or other payments arising

16

under workers' compensation acts, occupational disease acts

17

and similar legislation by any government.

18

(3)  Payments commonly recognized as old-age or

19

retirement benefits paid to persons retired from service

20

after reaching a specific age or after a stated period of

21

employment.

22

(4)  Payments commonly known as public assistance or

23

unemployment compensation payments by a governmental agency.

24

(5)  Payments to reimburse actual expenses.

25

(6)  Payments made by employers or labor unions for

26

programs covering hospitalization, sickness, disability or

27

death, supplemental unemployment benefits, strike benefits,

28

Social Security and retirement.

29

(7)  Compensation received by United States servicemen

30

serving in a combat zone.

- 105 -

 


1

"Innovative educational program."  An advanced academic or

2

similar program that is not part of the regular academic program

3

of a public school but that enhances the curriculum or academic

4

program of the public school or provides pre-kindergarten

5

programs to public school students.

6

"Maximum allowable household income for students with a

7

disability."  The maximum annual household income for eligible

8

students with a disability as calculated by multiplying the sum

9

of $60,000 plus the income allowance of $12,000 per dependent

10

member of the household by the applicable support level factor

11

according to the following table:

12

Support Level

Support Level Factor

13

1

1.50

14

2

2.993

15

The Department of Community and Economic Development shall

16

adjust the income amounts under this definition on July 1 of

17

each year to reflect any upward changes in the Consumer Price

18

Index for All Urban Consumers (CPI-U) for the Pennsylvania, New

19

Jersey, Delaware and Maryland area in the preceding 12 months,

20

as calculated by the United States Department of Labor, Bureau

21

of Labor Statistics, and shall immediately thereafter publish

22

the adjusted amounts in the Pennsylvania Bulletin.

23

"Pass-through entity."  A partnership as defined in section

24

301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the

25

Tax Reform Code of 1971, a single-member limited liability

26

company treated as a disregarded entity for Federal income tax

27

purposes or a Pennsylvania S corporation as defined in section

28

301(n.1) of the Tax Reform Code of 1971.

29

"Pre-kindergarten program."  A program of instruction for

30

three-year-old or four-year-old students that utilizes a

- 106 -

 


1

curriculum aligned with the curriculum of the school with which

2

it is affiliated and which provides a minimum of either:

3

(1)  two hours of instructional and developmental

4

activities per day at least 60 days per school year; or

5

(2)  two hours of instructional and developmental

6

activities per day at least 20 days over the summer recess.

7

"Pre-kindergarten scholarship organization."  A nonprofit

8

entity which:

9

(1)  either is exempt from Federal taxation under section

10

501(c)(3) of the Internal Revenue Code of 1986 (Public Law

11

99-514, 26 U.S.C. § 1 et seq.) or is operated as a separate

12

segregated fund by a scholarship organization that has been

13

qualified under section 2003-B; and

14

(2)  contributes at least 80% of its annual cash receipts

15

to a pre-kindergarten scholarship program by expending or

16

otherwise irrevocably encumbering those funds for

17

distribution during the then current fiscal year of the

18

organization or during the next succeeding fiscal year of the

19

organization.

20

"Pre-kindergarten scholarship program."  A program to provide

21

tuition to eligible pre-kindergarten students to attend a pre-

22

kindergarten program operated by or in conjunction with a school

23

located in this Commonwealth and that includes an application

24

and review process for the purpose of making awards to eligible

25

pre-kindergarten students and awards scholarships to eligible

26

pre-kindergarten students without limiting availability to only

27

students of one school.

28

"Public school."  A public pre-kindergarten where compulsory

29

attendance requirements do not apply or a public kindergarten,

30

elementary school or secondary school at which the compulsory

- 107 -

 


1

attendance requirements of this Commonwealth may be met and

2

which meets the applicable requirements of Title VI of the Civil

3

Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).

4

"Scholarship organization."  A nonprofit entity which:

5

(1)  is exempt from Federal taxation under section 501(c)

6

(3) of the Internal Revenue Code of 1986 (Public Law 99-514,

7

26 U.S.C. § 1 et seq.); and

8

(2)  contributes at least 80% of its annual cash receipts

9

to a scholarship program.

10

For purposes of this definition, a nonprofit entity

11

"contributes" its annual cash receipts to a scholarship program

12

when it expends or otherwise irrevocably encumbers those funds

13

for distribution during the then current fiscal year of the

14

nonprofit entity or during the next succeeding fiscal year of

15

the nonprofit entity.

16

"Scholarship program."  A program to provide tuition to

17

eligible students to attend a school located in this

18

Commonwealth. A scholarship program must include an application

19

and review process for the purpose of making awards to eligible

20

students. The award of scholarships to eligible students shall

21

be made without limiting availability to only students of one

22

school.

23

"School."  A public or nonpublic pre-kindergarten,

24

kindergarten, elementary school or secondary school at which the

25

compulsory attendance requirements of the Commonwealth may be

26

met and which meets the applicable requirements of Title VI of

27

the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).

28

"School age."  Children from the earliest admission age to a

29

school's pre-kindergarten or kindergarten program or, when no

30

pre-kindergarten or kindergarten program is provided, the

- 108 -

 


1

school's earliest admission age for beginners, until the end of

2

the school year the student attains 21 years of age or

3

graduation from high school, whichever occurs first.

4

"Special education school."  A school or program within a

5

school that is designated specifically and exclusively for

6

students with any one or more of the disabilities listed in 34

7

CFR § 300.8 (relating to child with disability), and is:

8

(1)  licensed under the act of January 28, 1988 (P.L.24,

9

No.11), known as the Private Academic Schools Act;

10

(2)  accredited by an accrediting association approved by

11

the State Board of Education;

12

(3)  a school for the blind or deaf receiving

13

Commonwealth appropriations; or

14

(4)  operated by or under the authority of a bona fide

15

religious institution or by the Commonwealth or any political

16

subdivision thereof.

17

"Support level."  The level of support needed by an eligible

18

student with a disability, as set forth in the following matrix:

19

Support Level 1 – The student is not enrolled in a

20

special education school.

21

Support Level 2 – The student is enrolled as a student in

22

a special education school.

23

Section 23.  Section 2005-B(e) of the act, amended July 9,

24

2008 (P.L.846, No.61), is amended to read:

25

Section 2005-B.  Tax credit.

26

* * *

27

(e)  Pass-through entity.--

28

(1)  If a pass-through entity [does not] does not intend

29

to use all approved tax credits under section 2005-B, it may

30

elect in writing[, according to procedures established by the

- 109 -

 


1

Department of Revenue,] to transfer all or a portion of the

2

credit to shareholders, members or partners in proportion to

3

the share of the entity's distributive income to which the

4

shareholder, member or partner is entitled for use in the

5

taxable year in which the contribution is made or in the

6

taxable year immediately following the year in which the

7

contribution is made. The election shall designate the year

8

in which the transferred credits are to be used and shall be

9

made according to procedures established by the Department of

10

Revenue.

11

(2)  A pass-through entity and a shareholder, member or

12

partner of a pass-through entity shall not claim the credit

13

under this section for the same contribution.

14

(3)  [A shareholder, member or partner of a pass-through

15

entity to whom a credit is transferred under this section

16

shall immediately claim the credit in the taxable year in

17

which the transfer is made.] The shareholder, member or

18

partner may not carry forward, carry back, obtain a refund of

19

or sell or assign the credit.

20

* * *

21

Section 24.  Section 2006-B(d) of the act, amended December

22

23, 2003 (P.L.304, No.48), is amended to read:

23

Section 2006-B.  Limitations.

24

* * *

25

(d)  Use.--A tax credit not used by the applicant in the

26

taxable year the contribution was made or in the year designated

27

by the shareholder, member or partner to whom the credit was

28

transferred under section 2005-B(e) may not be carried forward

29

or carried back and is not refundable or transferable.

30

* * *

- 110 -

 


1

Section 25.  Section 2002-C of the act, added July 11, 2006

2

(P.L.1092, No.114), is amended to read:

3

Section 2002-C.  Duties of public institutions of higher

4

education.

5

(a)  Completion.--Each public institution of higher education

6

shall complete all of the following by June 30, 2008:

7

(1)  Participate in the development and implementation of

8

equivalency standards pursuant to section 2004-C(c)(1).

9

(2)  Establish and maintain records and data detailing

10

the credits transferred to and received from other public

11

institutions of higher education as the department may

12

prescribe.

13

(3)  Make any reasonable changes and modifications to its

14

foundation courses, including the strengthening of the

15

courses, to ensure equivalency of those credits among the

16

public institutions of higher education, as recommended by

17

the Transfer and Articulation Oversight Committee.

18

(4)  Agree to accept for transfer foundation courses

19

determined to meet equivalency standards under section 2004-

20

C(c)(2).

21

(a.1)  Completion of second phase.--Each public institution

22

of higher education shall agree to accept with full junior

23

standing the Associate of Arts and Associate of Science degree

24

into a parallel baccalaureate program as outlined in section

25

2004-C(c)(2.1), (2.2), (2.3) and (2.4) by the timelines

26

established by the transfer and articulation subcommittee but

27

not later than December 31, 2011. For the purposes of this

28

article, an Associate of Arts and Associate of Science degree is

29

a degree designed primarily for transfer to a baccalaureate

30

institution and must contain a minimum of 60 credits.

- 111 -

 


1

(b)  Reporting requirements.--

2

(1)  A public institution of higher education shall

3

submit to the department a series of interim reports

4

outlining the actions that the public institution of higher

5

education has undertaken or intends to undertake to comply

6

with subsection (a), which shall be filed December 31, 2006,

7

June 30, 2007, and December 31, 2007.

8

(2)  A public institution of higher education shall

9

submit to the department interim reports outlining the

10

actions that the public institution of higher education has

11

undertaken or intends to undertake to comply with subsection

12

(a.1), which shall be filed by December 31, 2009, June 30,

13

2010, and December 31, 2010.

14

Section 26.  Section 2004-C(c) of the act is amended by

15

adding paragraphs to read:

16

Section 2004-C.  Transfer and Articulation Oversight Committee.

17

* * *

18

(c)  Duties of Transfer and Articulation Oversight

19

Committee.--The committee shall:

20

* * *

21

(2.1)  By December 1, 2009, consult with the department

22

on a process and timeline, subject to approval by the

23

department, to identify the Associate of Arts and Associate

24

of Science degrees aligned with the graduation requirements

25

of the parallel baccalaureate degree in all public

26

institutions of higher education in consultation with faculty

27

and personnel.

28

(2.2)  Identify Associate of Arts and Associate of

29

Science degree programs for transfer with full junior

30

standing into a parallel baccalaureate degree in consultation

- 112 -

 


1

with faculty and personnel in those degree programs by

2

December 31, 2011.

3

(2.3)  Identify modifications that may be required in

4

existing associate or baccalaureate degrees to satisfy

5

external accreditation or licensure requirements in

6

consultation with faculty and personnel. Approved

7

modifications must recognize all competencies attained within

8

either the associate or baccalaureate programs.

9

(2.4)  Define requirements, in consultation with faculty

10

and personnel, for education degrees, including Early

11

Childhood Education degrees, leading to certification to be

12

included in an associate degree and be accepted for transfer

13

with full junior standing into a parallel baccalaureate

14

degree program.

15

* * *

16

Section 27.  Section 2006-C of the act, added July 11, 2006

17

(P.L.1092, No.114), is amended to read:

18

Section 2006-C.  Participation by independent institutions of

19

higher education or State-related [institution] 

20

institutions.

21

(a)  General rule.--An independent institution of higher

22

education or a State-related institution may elect to

23

participate through the adoption of equivalency standards as

24

provided for in subsection 2004-C(c)(1) and by agreement to

25

accept for transfer degrees that qualify under section 2004-C(c)

26

(2.2) by its governing body.

27

(b)  Duties of State-related institutions.--

28

(1)  No later than March 1, 2010, each State-related

29

institution shall identify 30 credit hours of course content

30

from equivalent courses identified under this article that it

- 113 -

 


1

will accept from a student accepted for transfer from an

2

institution of higher education participating in this

3

article. A State-related institution shall count a course in

4

the same manner that it would count the same or equivalent

5

course if taken by a student at the State-related

6

institution.

7

(2)  Each State-related institution shall make the

8

information identified in paragraph (1) available to the

9

department for posting on the department's publicly

10

accessible Internet website.

11

(3)  Nothing in this section shall be construed to:

12

(i)  Require a State-related institution to apply a

13

course to graduation or degree requirements if that

14

course or its equivalent course would not be applied to

15

graduation or degree requirements if taken at the State-

16

related institution.

17

(ii)  Infringe on a State-related institution's sole

18

authority to accept a student for transfer, to determine

19

acceptance into a major, to determine the campus

20

assignment of such student or to determine how many and

21

which credit hours shall apply for the transfer student

22

toward the completion of a degree. The manner in which

23

accepted courses apply toward completion of a degree and

24

whether they are counted for general education, major or

25

free elective credit shall be subject to the requirements

26

established by the accepting State-related institution

27

for each individual major or program of study.

28

(iii)  Prohibit a State-related institution's ability

29

to enter into discussions with the department to increase

30

the number of credits pursuant to paragraph (1).

- 114 -

 


1

Section 28.  The act is amended by adding a section to read:

2

Section 2318.  State aid for 2009-2010.

3

(a)  General rule.--Notwithstanding any other provision of

4

law, the following apply:

5

(1)  Subject to paragraph (2), each library subject to

6

the act of June 14, 1961 (P.L.324, No.188), known as The

7

Library Code, that received a State aid allocation for fiscal

8

year 2008-2009 under section 2317 shall be eligible for State

9

aid in fiscal year 2009-2010.

10

(2)  Any newly designated district library centers shall

11

be eligible for State aid in lieu of their predecessor

12

district library centers.

13

(b)  Formula.--State aid under this section shall consist of

14

the following formula:

15

(1)  Divide:

16

(i)  the sum of the amount of funding that the

17

library received in fiscal year 2007-2008 under section

18

2316; by

19

(ii)  the total State aid subsidy for fiscal year

20

2007-2008.

21

(2)  Multiply:

22

(i)  the quotient under paragraph (1); by

23

(ii)  the total State aid subsidy for 2009-2010.

24

(c)  State Librarian.--After distribution of State aid to

25

libraries under this section, any remaining unallocated funds

26

may be distributed at the discretion of the State Librarian.

27

(d)  Local distribution.--

28

(1)  Each library system receiving State aid under this

29

section may distribute the local library share of that aid in

30

a manner as determined by the system board of directors.

- 115 -

 


1

(2)  This subsection shall not apply to a library system

2

operating in a county of the second class.

3

(e)  Waiver.--Upon application of the board of directors of a

4

local library, the State Librarian may waive any or all of the

5

provisions of section 104 of The Library Code. The application

6

must be in a form and manner as specified by the State Librarian

7

and must demonstrate that meeting the standards places an

8

economic hardship on the library.

9

Section 29.  Section 2501(29) of the act, added July 9, 2008

10

(P.L.846, No.61), is amended and the section is amended by

11

adding clauses to read:

12

Section 2501.  Definitions.--For the purposes of this article

13

the following terms shall have the following meanings:

14

* * *

15

(29)  "Location Cost Metric." An index of geographic cost

16

differences for each county as published by the department on

17

its publicly accessible Internet website [on February 5, 2008] 

18

in February of each year. The index shall be published in the

19

Pennsylvania Bulletin no later than thirty (30) days after the

20

effective date of this clause.

21

* * *

22

(31)  "Special Education Average Daily Membership." Shall be

23

computed to determine the number of eligible students in each

24

school district in accordance with rules of procedure as

25

established by the Secretary of Education. For the purpose of

26

calculating the special education funding allocation under

27

section 2509.13, the computation shall be adjusted for each

28

level of instruction for eligible students as follows:

29

(i)  Half-time prekindergarten and half-time kindergarten:

30

0.50.

- 116 -

 


1

(ii)  Full-time prekindergarten, full-time kindergarten and

2

prekindergarten or kindergarten level totaling full-time through

3

multiple placements: 1.00.

4

(iii)  Elementary and secondary: 1.00.

5

(32)  "Actual Special Education Spending." An amount equal to

6

a school district’s total annual expenditures for special

7

education in all functional classifications for students with

8

disabilities, as designated in the Manual of Accounting and

9

Related Financial Procedures for Pennsylvania School Systems.

10

(33)  "Base Cost per Student." The cost of educating an

11

average student in Pennsylvania without special needs to meet

12

State performance expectations as originally determined in the

13

final revised Statewide Costing-out Study of 2007 performed

14

pursuant to section 2599.3 and as adjusted annually for the

15

fiscal year in the formula for basic education funding.

16

(34)  "Eligible Student." A student with a disability

17

eligible for special education under Federal and State law.

18

(35)  "Modified Special Education Average Daily Membership"

19

or "Modified SEADM." The sum of the following products:

20

(i)  fifty-two one-hundredths (0.52) and the school

21

district’s special education average daily membership in the

22

funding year;

23

(ii)  twenty-six one-hundredths (0.26) and the school

24

district’s special education average daily membership in the

25

school year prior to the funding year;

26

(iii)  thirteen one-hundredths (0.13) and the school

27

district’s special education average daily membership two (2)

28

school years prior to the funding year;

29

(iv)  six one-hundredths (0.06) and the school district's

30

special education average daily membership three (3) school

- 117 -

 


1

years prior to the funding year; and

2

(v)  three one-hundredths (0.03) and the school district's

3

special education average daily membership four (4) years prior

4

to the funding year.

5

(36)  "Performance Indicators." Measurable annual objectives

6

established by the Department of Education pursuant to section

7

612(a)(15) of the Individuals with Disabilities Education Act

8

(Public Law 91-230, 20 U.S.C. § 1412(a)(15)), to assess progress

9

toward achieving State goals for the performance of eligible

10

students.

11

(37)  "Public Notice." Full and timely release of information

12

and documents for public access at a minimum through publication

13

by the Department of Education:

14

(i)  in the Pennsylvania Bulletin;

15

(ii)  on its publicly accessible Internet website for no less

16

than a duration of twelve (12) months; and

17

(iii)  through its timely issuance of a related Statewide

18

press release.

19

(38)  "Regular Classroom." A classroom in a regular school

20

operated primarily for students who are not eligible for special

21

education.

22

(39)  "Regular School." A neighborhood school, magnet school, 

23

or other public school operated for all students, not solely

24

eligible students, in a school district.

25

(40)  "Special Education Plan." A comprehensive plan as well

26

as revisions, updates and amendments for all special education

27

personnel, programs, services and supports provided by each

28

school district for eligible students, filed by each district

29

with the Department of Education under this act and other

30

applicable Federal and State law, including 22 Pa. Code 14.104

- 118 -

 


1

(relating to special education plans).

2

(41)  "Student Achievement." Outcomes for eligible students

3

as measured by academic performance whenever possible in the

4

general education curriculum, acquisition of knowledge and

5

skills, progress toward graduation, accomplishment of

6

individualized education program goals, including appropriate

7

functional skills, and other factors.

8

Section 30.  Section 2502.48 of the act, added July 9, 2008

9

(P.L.846, No.61), is amended to read:

10

Section. 2502.48.  Basic Education Funding for Student

11

Achievement.--(a)  The Department of Education shall calculate a

12

base cost per student. For the 2007-2008 school year, the base

13

cost per student shall be eight thousand three dollars ($8,003),

14

increased by the 2008-2009 index. For the 2008-2009 school year

15

and each school year thereafter for which school districts

16

receive basic education funding under this section, the base

17

cost per student shall be the base cost per student of the prior

18

school year, increased by the index for the school year in which

19

funding will be paid.

20

(b)  The Department of Education shall determine an adequacy

21

target for each school district by calculating the sum of the

22

following:

23

(1)  A base cost determined by calculating the product of the

24

base cost per student and the school district's modified ADM.

25

(2)  A poverty supplement determined by calculating the

26

product of:

27

(i)  the base cost per student;

28

(ii)  the number of students enrolled in the school district

29

on October 31 of the funding year who were eligible for free or

30

reduced price meals under the school lunch program; and

- 119 -

 


1

(iii)  forty-three one-hundredths (.43).

2

(3)  A district size supplement determined by calculating the

3

maximum of zero and the product of:

4

(i)  the base cost per student;

5

(ii)  the school district's funding year average daily

6

membership; and

7

(iii)  the sum of four hundred eighty-three one-thousandths

8

(.483) and the product of the natural logarithm of the school

9

district's funding year average daily membership and negative

10

five one-hundredths (-.05)[;].

11

(4)  An English language learner supplement determined by

12

calculating the product of:

13

(i)  the base cost per student;

14

(ii)  the number of enrolled students identified as limited

15

English proficient in the funding year in the school district;

16

and

17

(iii)  the sum of three and seven hundred fifty-three one-

18

thousandths (3.753) and the product of the natural logarithm of

19

the school district's funding year average daily membership and

20

negative twenty-three one-hundredths (-.23), provided that such

21

amount shall be no less than one and forty-eight one-hundredths

22

(1.48) and no greater than two and forty-three one-hundredths

23

(2.43).

24

(5)  An adjustment for geographic price differences

25

calculated as follows:

26

(i)  Add the amounts under paragraphs (1), (2), (3) and (4).

27

(ii)  Multiply:

28

(A)  the sum under subparagraph (i); by

29

(B)  the school district's location cost metric or one (1),

30

whichever is greater.

- 120 -

 


1

(iii)  Subtract:

2

(A)  the sum under subparagraph (i); from

3

(B)  the product under subparagraph (ii).

4

(c)  (1)  The Department of Education shall determine a State

5

funding target for each school district by calculating the

6

product of:

7

(i)  the difference between the school district's adequacy

8

target determined under subsection (b) and its actual spending

9

for the funding year, or zero, whichever is greater;

10

(ii)  the school district's market value/income aid ratio for

11

the school year in which funding occurs; and

12

(iii)  the lesser of one (1) and the school district's

13

funding year equalized millage divided by the equalized millage

14

that represents the seventy-fifth percentile of the equalized

15

millage of all school districts in the funding year.

16

(2)  In furtherance of the General Assembly's long-standing

17

commitment to providing adequate funding that will ensure

18

equitable State and local investments in public education and in

19

order to enable students to attain applicable Federal and State

20

academic standards, it is the goal of this Commonwealth to

21

review and meet State funding targets by fiscal year 2013-2014.

22

(d)  The Commonwealth shall pay to each school district a

23

basic education funding allocation for the 2007-2008 school year

24

which shall consist of the following:

25

(1)  An amount equal to the basic education funding

26

allocation for the 2006-2007 school year under sections

27

2502.13(m), 2502.47 and 2504.4(a.3).

28

(2)  If a school district has been declared a Commonwealth

29

partnership school district under Article XVII-B, an amount

30

equal to four million dollars ($4,000,000).

- 121 -

 


1

(3)  (i)  For a school district with 2006-2007 equalized

2

millage that is greater than or equal to 24.7, which represents

3

the eightieth percentile of the equalized millage of all school

4

districts as of the effective date of this section, for the

5

2007-2008 school year, sixteen and seventy-five one hundredths

6

percent (16.75%) of the State funding target determined under

7

subsection (c).

8

(ii)  For a school district with 2006-2007 equalized millage

9

that is less than 24.7, which represents the eightieth

10

percentile of the equalized millage of all school districts as

11

of the effective date of this section, for the 2007-2008 school

12

year, ten percent (10%) of the State funding target determined

13

under subsection (c).

14

(d.1)  The Commonwealth shall pay to each school district a

15

basic education funding allocation which shall consist of the

16

following:

17

(1)  An amount equal to the allocations received by the

18

school district for the 2007-2008 school year under subsections

19

(d)(1) and (2) and (e).

20

(1.1)  An amount equal to any allocations received by the

21

school district in the 2008-2009 school year under sections

22

2599.2 and 1512-C. The amount shall be used for programs and

23

services as required under the section in which funding was

24

provided in the 2008-2009 school year. If insufficient funds are

25

appropriated to make Commonwealth payments pursuant to this

26

paragraph, such payments shall be made on a pro rata basis.

27

(1.2)  An amount equal to any allocation received by the

28

school district in the 2008-2009 school year from the

29

appropriation for basic education formula enhancements included

30

in a general appropriation bill.

- 122 -

 


1

(1.3)  If a school district has been declared a Commonwealth

2

partnership school district under Article XVII-B, an amount

3

equal to two million dollars ($2,000,000).

4

(2)  For the 2008-2009 school year:

5

(i)  For a school district subject to subsection (d)(3)(i),

6

twenty-eight and ten one hundredths percent (28.10%) of the

7

State funding target determined under subsection (c).

8

(ii)  For a school district subject to subsection (d)(3)(ii),

9

twenty-one and sixty-two one hundredths percent (21.62%) of the

10

State funding target determined under subsection (c).

11

(iii)  Any additional amount required so that the total

12

amount provided under paragraph (1) and this paragraph equals

13

two percent (2%) greater than the amount provided under

14

subsections (d) and (e).

15

(e)  The Department of Education shall provide additional

16

funding for the 2007-2008 school year to any school district

17

where the amount determined under subsection (d)(3) provides an

18

amount less than three percent (3%) of the amount determined

19

under subsection (d)(1). The amount of additional funding shall

20

be the amount required so that the sum of subsection (d)(3) and

21

this subsection equals three percent (3%) of the amount provided

22

under subsection (d)(1).

23

Section 31.  Section 2502.49(b) of the act is amended by

24

adding a paragraph to read:

25

Section 2502.49.  Accountability to Commonwealth Taxpayers.--

26

* * *

27

(b)  The following shall apply:

28

* * *

29

(5)  (i)  The Department of Education may grant a waiver for

30

the use of up to twenty-five percent (25%) of the funds subject

- 123 -

 


1

to subsection (a)(1) if all of the following apply:

2

(A)  The school district would otherwise be required to

3

reduce or eliminate one or more of the programs listed in

4

subsection (a)(1) due to a projected budget shortfall.

5

(B)  The funds subject to the waiver will be used to maintain

6

one or more existing programs listed under subsection (a)(1).

7

(C)  The school district has, in the determination of the

8

Department of Education, pursued alternative opportunities for

9

greater efficiency and internal savings in order to fund the

10

program or programs without need for a waiver.

11

(D)  The program or programs to be maintained address a

12

significant need of the school district's students and have

13

demonstrated effectiveness at increasing student achievement in

14

the school district, in the determination of the department.

15

(ii)  The decision to grant a waiver shall be at the sole

16

discretion of the Department of Education and shall not be

17

subject to appeal.

18

(iii)  This paragraph shall expire December 31, 2010.

19

Section 32.  Section 2509.1 of the act is amended by adding a

20

subsection to read:

21

Section 2509.1.  Payments to Intermediate Units.--* * *

22

(b.17)  Up to $11,500,000 may be utilized for programs

23

administered and operated by intermediate units during the

24

2009-2010 school year for institutionalized children as

25

established in subsection (b.1).

26

* * *

27

Section 33.  The act is amended by adding sections to read:

28

Section 2509.13.  Special Education Funding for Student

29

Achievement and Instruction of Eligible Students in Regular

30

Classrooms.--(a)  The Department of Education shall determine a

- 124 -

 


1

special education adequacy target for each school district by

2

calculating the sum of the following:

3

(1)  A special education supplement determined by calculating

4

the product of:

5

(i)  the base cost per student;

6

(ii)  the school district's Modified SEADM; and

7

(iii)  one and thirty one-hundredths (1.3).

8

(2)  An adjustment for geographic price differences

9

calculated as follows:

10

(i)  Multiply the amount under clause (1) by the school

11

district's location cost metric or one (1), whichever is

12

greater.

13

(ii)  Subtract the amount under clause (1) from the product

14

under subclause (i).

15

(b)  The Department of Education shall determine a State

16

special education funding target for each school district by

17

calculating the product of:

18

(1)  the difference between the school district's special

19

education adequacy target determined under subsection (a) and

20

its actual special education spending for the funding year, or

21

zero, whichever is greater;

22

(2)  the school district's market value/personal income aid

23

ratio for the school year in which funding occurs;

24

(3)  the lesser of one (1) and the school district's funding

25

year equalized millage divided by the equalized millage that

26

represents the seventy-fifth percentile of the equalized millage

27

of all school districts in the funding year; and 

28

(4)  one and fifteen one-hundredths (1.15) for school

29

districts meeting the following criteria:

30

(i)  either providing instruction within the regular

- 125 -

 


1

classroom at least eighty percent (80%) of the school day for at

2

least sixty-five percent (65%) of eligible students, as averaged

3

for the two (2) most recent school years for which data is

4

available, or increasing the number of eligible students

5

receiving instruction within the regular classroom by at least

6

fifteen percent (15%) in the most recent school year for which

7

data is available; and

8

(ii)  in the most recent school year for which data is

9

available, performance by eligible students on State academic

10

assessments in reading and math, averaged for the entire

11

district, meeting State standards for adequate yearly progress

12

by any method approved by the Federal and State governments,

13

including, but not limited to, meeting the annual target, the

14

confidence interval, the safe harbor target, or by appeal.

15

Nothing in this subsection or any other provision of this act

16

alters Federal or State law regarding the right of an eligible

17

student to receive education in the least restrictive

18

environment or alters the legal authority of Individualized

19

Education Program (IEP) teams to make appropriate program and

20

placement decisions for eligible students in accordance with the

21

IEP developed for each eligible student.

22

(c)  The Department of Education shall submit a report to the

23

Governor and General Assembly recommending increased standards

24

for the criteria in subsection (b)(4), and the General Assembly

25

shall consider legislation revising the criteria, in any year in

26

which seventy-five percent (75%) of all school districts meet

27

the criteria and qualify for the one and fifteen one-hundredths

28

(1.15) factor for funding.

29

(d)  In furtherance of the General Assembly's commitment to

30

provide adequate special education funding that will ensure

- 126 -

 


1

equitable State and local investments in special education in

2

public schools, and in order to enable eligible students to

3

attain applicable Federal and State academic standards and to be

4

educated in regular classrooms when appropriate, it is the goal

5

of the Commonwealth to review and meet State special education

6

funding targets by fiscal year 2014-2015.

7

(e)  The Commonwealth shall pay to each school district a

8

special education funding allocation for the 2009-2010 school

9

year which shall consist of the sum of the following:

10

(1)  an amount equal to the district's special education

11

funding allocation for the 2008-2009 school year under section

12

2509.5; and

13

(2)  (i)  For a school district with 2007-2008 equalized

14

millage that is greater than or equal to twenty-four (24), which

15

represents the eightieth percentile of the equalized millage of

16

all school districts as of the effective date of this section,

17

for the 2008-2009 school year, sixteen and seventy-five one-

18

hundredths percent (16.75%) of the State special education

19

funding target determined under subsection (b).

20

(ii)  For a school district with 2007-2008 equalized millage

21

that is less than twenty-four (24), which represents the

22

eightieth percentile of the equalized millage of all school

23

districts as of the effective date of this section, for the

24

2008-2009 school year, ten percent (10%) of the State special

25

education funding target determined under subsection (b).

26

(f)  The Department of Education shall provide additional

27

funding for the 2009-2010 school year to any school district

28

where the amount under subsection (e)(2) provides an amount less

29

than the percentage increase in the school district's special

30

education funding allocation for the 2008-2009 school year under

- 127 -

 


1

section 2509.5. The amount of the additional funding shall be

2

the amount required so that the sum of subsection (e)(2) and

3

this subsection is at least equal to the percentage increase in

4

the school district's special education funding allocation for

5

the 2008-2009 school year under section 2509.5.

6

(g)  During the 2009-2010 school year, if insufficient funds

7

are appropriated to school districts for payments under

8

subsection (e) or (f), each school district shall be paid the

9

amount it received during the 2008-2009 school year under

10

subsection (zz).

11

(h)  (1)  The Commonwealth shall appropriate additional

12

funding in each year for extraordinary special education program

13

expenses under section 2509.8. The appropriation for the fund

14

shall be at one and fifty one-hundredths percent (1.50%) of the

15

total of special education appropriations made pursuant to

16

subsection (e) and shall be made in addition to such total.

17

(2)  The Department of Education shall utilize the fund to

18

meet extraordinary special education expenses not anticipated

19

through the special education funding FORMULA.

20

(3)  School districts or charter schools may apply for

21

resources through the fund pursuant to procedures established by

22

the Department of Education. The Department of Education shall

23

issue resources from the fund only in response to such

24

applications. The Department of Education shall target funds to

25

school districts or charter schools that educate students and

26

that represent extraordinary special education expenses.

27

(4)  The Department of Education shall issue a comprehensive

28

annual report documenting use of the fund to the Governor and

29

all members of the General Assembly, and shall give public

30

notice about such report.

- 128 -

 


1

(5)  This subsection shall not apply in any year in which

2

subsection (g) applies.

3

(6)  As used in this subsection, "extraordinary special

4

education expenses" are expenses that result from needs and

5

circumstances of an eligible student with significant

6

disabilities which are not ordinarily present in a typical

7

special education service and program delivery system and which

8

have costs exceeding the school district funding for special

9

education, in order to provide the student with an appropriate

10

education in the least restrictive environment.

11

Section 2509.14.  Special Education Accountability to

12

Commonwealth Taxpayers.--(a)  (1)  The Department of Education

13

shall determine the form and manner in which school districts

14

shall submit a special education plan and revisions, updates and

15

amendments to the special education plan pursuant to this

16

section. The special education plan shall be consistent with

17

other existing plans and reports required by the Department of

18

Education to the greatest extent possible, including those

19

required under 22 Pa. Code § 14.104 (relating to special

20

education plans). Special education plans shall be written in a

21

manner that is easy to use and understand by parents and the

22

public, including a general summary.

23

(2)  The Department of Education shall:

24

(i)  review the special education plans and revisions,

25

updates and amendments;

26

(ii)  provide recommendations and technical assistance to

27

school districts;

28

(iii)  approve or disapprove the plan within ninety (90)

29

calendar days of receipt; and

30

(iv)  provide a written explanation when disapproving a plan.

- 129 -

 


1

(3)  The Department of Education shall approve a special

2

education plan and revisions, updates and amendments that in the

3

determination of the department:

4

(i)  meet the requirements of this section;

5

(ii)  address the academic and developmental challenges for

6

eligible students identified in the school district's most

7

recent student achievement results and pursuant to performance

8

indicators, with specific focus on individual schools, grade

9

levels and populations of students that demonstrate inadequate

10

levels of student outcomes; and

11

(iii)  describe programs and strategies that are most likely

12

to improve student outcomes in the school district.

13

(4)  Upon disapproving a school district's special education

14

plan, update or revision submitted pursuant to this section, the

15

Department of Education shall withhold the portion of the annual

16

State increase in special education funding which exceeds the

17

index until such a time as a written special education plan,

18

update or revision is approved.

19

(5)  The Secretary of Education shall involve as appropriate

20

in special education monitoring, support, intervention,

21

technical assistance and special education plan review by the

22

Department of Education, the staff in relevant offices, bureaus

23

and divisions of the department, as well as staff in

24

intermediate units and consultants, and shall neither delegate

25

nor limit these functions solely to the Bureau of Special

26

Education. The Secretary of Education shall have the authority

27

to contract for additional assistance with intermediate units

28

and consultants for these purposes, so long as such contracts do

29

not create a conflict of interest or supplant existing service

30

or program obligations.

- 130 -

 


1

(b)  (1)  By September 15, 2009, and by April 15 of each year

2

thereafter, each school district receiving an increase in its

3

State special education funding allocation of more than the

4

index shall update its special education plan based on overall

5

circumstances, shall also revise the special education plan to

6

show in detail how the increase above the index will be used and

7

shall submit the updates and revisions to the Department of

8

Education for approval pursuant to subsection (a). Unless a

9

school district decides to amend its special education plan more

10

broadly to reflect the receipt of new funding or for other

11

reasons, the guidelines and regulations developed by the

12

Department of Education pursuant to this section for plan

13

updates or revisions shall allow a district to meet the

14

requirements of this section by adding the mandated information

15

as an appendix to the existing plan. The special education plan,

16

update or revision shall document the challenges remaining and

17

progress made in addressing student needs and improving student

18

outcomes, shall be accompanied by a budget, timeline and

19

benchmarks for implementation, and shall incorporate other

20

existing plans and reports required by the Department of

21

Education to the greatest extent possible. The budget required

22

by this subsection shall be considered by the Department of

23

Education in evaluating the special education plan but is not

24

itself subject to approval or disapproval by the department.

25

(2)  (i)  Each school district receiving an increased

26

allocation above the index shall use these funds for one or more

27

research-based programs and supports that meet the following

28

basic criteria:

29

(A)  expressly benefit eligible students educated in the

30

least restrictive environment in accordance with Federal and

- 131 -

 


1

State law;

2

(B)  contribute to achievement of performance indicators; and

3

(C)  are approved by the Department of Education in

4

guidelines issued by August 15, 2009, and by February 15 of each

5

year thereafter.

6

(ii)  Department of Education guidelines for research-based

7

programs and supports meeting these basic criteria shall address

8

at least the following:

9

(A)  curricula adaptation;

10

(B)  co-teaching;

11

(C)  assistive technology;

12

(D)  school-wide positive behavior supports;

13

(E)  supplementary aids and services;

14

(F)  professional development;

15

(G)  reading specialist services and supports;

16

(H)  reducing caseloads for special education teachers and

17

related services personnel; and

18

(I)  placing and serving eligible students in regular

19

classrooms with supports in accordance with the Individualized

20

Education Program (IEP) developed for each eligible student.

21

(3)  According to standards established by the Department of

22

Education, the special education plan, update or revision shall

23

document that the increased allocation above the index is used:

24

(i)  for the purposes approved under clause (2);

25

(ii)  to supplement and not supplant other resources; and

26

(iii)  in ways that allow the school district to maintain its

27

effort for special education expenditures.

28

(c)  Accountability for the effective use of resources to

29

meet student needs shall be provided in the following ways:

30

(1)  The Department of Education shall issue to the General

- 132 -

 


1

Assembly a comprehensive annual report on special education

2

funding, special education plans, the implementation of 22 Pa.

3

Code § 14.104 and other special education accountability issues

4

for public school entities serving eligible students and this

5

Commonwealth.

6

(2)  Upon disapproving a school district's special education

7

plan, update or revision, the Department of Education shall

8

withhold the portion of the annual State increase in special

9

education funding which exceeds the index until such a time as a

10

written special education plan, update or revision is approved

11

or conditionally approved.

12

(3)  (i)  The Department of Education shall:

13

(A)  review and monitor implementation of all special

14

education plans, including, but not limited to, compliance with

15

subsection (b) and 22 Pa. Code § 14.104;

16

(B)  provide support, intervention and technical assistance

17

in school districts failing to meet student needs based on

18

performance indicators or failing to comply with subsection (b);

19

(C)  identify at any time and at least annually all school

20

districts failing to adequately implement their special

21

education plans in compliance with Federal and State law,

22

failing to comply with subsection (b) or not making annual

23

progress to meet student needs based on performance indicators;

24

and

25

(D)  determine whether to withhold up to five percent (5%) of

26

all State special education funding for school districts

27

identified pursuant to this clause while the identified problems

28

remain unresolved.

29

(ii)  If the Department of Education determines that a school

30

district is making substantial progress toward resolving the

- 133 -

 


1

identified problems, it shall restore the withheld funding

2

retroactively and continue to monitor the district for an

3

additional two (2) years.

4

(4)  To discourage the inappropriate over-identification of

5

children for special education, the Department of Education

6

shall automatically conduct a thorough review of the special

7

education plan of any school district where the ratio of its

8

special education average daily membership to its average daily

9

membership for all students in the most recent school year for

10

which data is available has increased by more than ten percent

11

(10%) over the previous year or of any district where the ratio

12

has increased by an annual average of more than five percent

13

(5%) during the most recent five (5) year period. Appropriate

14

remedial action, including withholding up to five percent (5%)

15

of all State special education funding, may be taken, unless the

16

increase is determined to be justified by the Department of

17

Education after consultation with the school district.

18

(d)  The Department of Education shall issue to any affected

19

school district a notice specifying the department's decisions

20

and actions pursuant to this section and the rationale for such

21

decisions and actions. A school district may file a written

22

complaint with the Secretary of Education about the Department

23

of Education's decisions and actions regarding that district

24

made pursuant to this section. The complaint must be submitted

25

to the Secretary of Education's office within thirty (30)

26

calendar days of the Department of Education's decision or

27

action or within thirty (30) calendar days of receiving the

28

notice, whichever is greater. The Secretary of Education shall

29

consider the complaint, consult with the school district and,

30

within thirty (30) calendar days after receiving the complaint,

- 134 -

 


1

issue a written decision addressing the concerns and claims made

2

in the complaint, explaining the judgment of the Department of

3

Education in response to these concerns and claims, and

4

specifying the opportunity for a subsequent hearing under 2

5

Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of

6

Commonwealth agencies) and 7 Subch. A (relating to judicial

7

review of Commonwealth agency action) and 1 Pa. Code Part II

8

(relating to general rules of administrative practice and

9

procedure). If requested, the Department of Education shall then

10

convene a hearing within thirty (30) calendar days after the

11

receipt of a school district's hearing request following its

12

written complaint decision. The Department of Education shall

13

render a written hearing decision within thirty (30) calendar

14

days following the hearing.

15

(e)  The Department of Education shall give public notice of

16

the decisions, actions and reports made pursuant to this

17

section.

18

(f)  Nothing in this section shall supersede or preempt any

19

provisions of a collective bargaining agreement between a school

20

entity and an employee organization in effect on the effective

21

date of this section.

22

Section 34.  Any regulations of the Department of Education

23

that are inconsistent with the amendment of section 1209 of the

24

act are hereby abrogated to the extent of any inconsistency.

25

Section 35.  Within 60 calendar days following the effective

26

date of this section, or within a different time period if

27

otherwise specified in this act, the Secretary of Education

28

shall propose regulations for promulgation by the State Board of

29

Education which implement the addition or amendment of sections

30

2501, 2509.13 and 2509.14 of the act.

- 135 -

 


1

Section 36.  This act shall take effect as follows:

2

(1)  The addition of section 528 of the act shall take

3

effect in 180 days.

4

(2)  The amendment of section 1414.1 of the act shall

5

take effect in 90 days.

6

(3)  The remainder of this act shall take effect

7

immediately.

- 136 -

 


feedback