| |
| PRIOR PRINTER'S NO. 2488 | PRINTER'S NO. 2543 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| 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 |
|
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 |
|
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 |
|
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 |
|
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). |
|
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 |
|
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 |
|
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 |
|
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 |
|
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: |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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.--* * * |
|
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 |
|
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 |
|
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 |
|
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- |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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: |
|
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 |
|
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, |
|
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 – 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 |
|
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). |
|
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 |
|
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. |
|
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 |
|
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: |
|
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 |
|
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: |
|
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), |
|
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; |
|
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 |
|
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). |
|
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 |
|
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 |
|
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). |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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: |
|
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 |
|
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, |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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, |
|
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 |
|
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. |
|
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 |
|
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. |
|
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-- |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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- |
|
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, |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 | * * * |
|
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. |
|
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 |
|
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 |
|
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). |
|
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. |
|
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. |
|
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 |
|
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 |
|
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 |
|
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. |
|
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). |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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. |
|
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. |
|
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 |
|
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 |
|
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 |
|
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, |
|
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. |
|
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. |
|