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| PRIOR PRINTER'S NOS. 445, 1075, 1896, 1949, 2002, 1949 | PRINTER'S NO. 2281 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, BAKER, BROWNE, COSTA, EARLL, FOLMER, FONTANA, O'PAKE, ORIE, RAFFERTY, WASHINGTON, M. WHITE AND WONDERLING, FEBRUARY 24, 2009 |
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| SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 13, 2010 |
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| AN ACT |
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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," further providing for certificates | <-- |
6 | qualifying persons to teach and for kinds of State |
7 | certificates; providing for postbaccalaureate certification; |
8 | and further providing for disqualifications relating to |
9 | teacher's certificate, for medical examinations of teachers | <-- |
10 | and other persons and for attendance in other districts. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 1201 of the act of March 10, 1949 | <-- |
14 | (P.L.30, No.14), known as the Public School Code of 1949, |
15 | amended January 14, 1970 (1969 P.L.468, No.192), is amended to |
16 | read: |
17 | Section 1201. Certificates Qualifying Persons to Teach.-- |
18 | Only those persons holding one of the following certificates |
19 | shall be qualified to teach in the public schools of this |
20 | Commonwealth--(1) Permanent college certificate, (2) provisional |
21 | college certificate, (3) normal school diploma, (4) normal |
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1 | school certificate, (5) special permanent certificate, (6) |
2 | special temporary certificate, (7) permanent State certificate, |
3 | (8) residency certificate, (9) intern certificate, (10) |
4 | certificates which are permanent licenses to teach by virtue of |
5 | the provisions of section one thousand three hundred eight of |
6 | the act, approved the eighteenth day of May, one thousand nine |
7 | hundred eleven (Pamphlet Laws 309), as amended, which is |
8 | repealed hereby, or [(9)] (11) such other kinds of certificates |
9 | as are issued under the standards prescribed by the State Board |
10 | of Education. The State Board of Education shall also provide |
11 | for issuance of certificates by district superintendents to meet |
12 | such emergencies or shortage of teachers as may occur. |
13 | Section 2. Sections 1203 and 1206 of the act are amended to |
14 | read: |
15 | Section 1203. Kinds of State Certificates.--(a) State |
16 | certificates hereafter granted shall include the following: |
17 | Provisional College Certificates, |
18 | Permanent College Certificates, |
19 | Certificates issued by other states and validated by the |
20 | Superintendent of Public Instruction, |
21 | Special Temporary Certificates, |
22 | Special Permanent Certificates[.], |
23 | Residency Certificates, |
24 | Intern Certificates. |
25 | (b) All persons receiving any of such certificates shall |
26 | have qualifications not less than graduation from a State |
27 | Teachers' College of this Commonwealth, or equivalent training. |
28 | Postbaccalaureate certification programs, including residency, |
29 | intern and administrative certification programs completed under |
30 | section 1207.1 are equivalent training for purposes of this act. |
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1 | (c) Every college certificate shall set forth the names of |
2 | the college or university from which its holder was graduated. |
3 | State certificates shall entitle their holders to teach in every |
4 | part of this Commonwealth for the terms herein specified. |
5 | Section 1206. Certificates Issued by Other States.--[The |
6 | Superintendent of Public Instruction may validate in this |
7 | Commonwealth teachers' certificates issued by other states, or |
8 | by the State normal schools or colleges of other states, whose |
9 | requirements are equivalent to those of this Commonwealth. Such |
10 | validation of certificates may be revoked by the Superintendent |
11 | of Public Instruction at any time.] (a) Candidates holding a |
12 | valid instructional certificate issued by another state may be |
13 | eligible for comparable Pennsylvania certification provided that |
14 | the candidate meets the following requirements: |
15 | (1) Holds a bachelor's degree from a regionally accredited |
16 | college or university. |
17 | (2) Has at least three (3) years of successful professional |
18 | experience. |
19 | (3) Demonstrates subject matter competency in the applicable |
20 | area of Pennsylvania certification. |
21 | (4) Satisfies the requirements of section 1209. |
22 | (b) The Secretary of Education shall adopt standards and |
23 | guidelines as necessary to implement this section. |
24 | Section 3. The act is amended by adding a section to read: |
25 | Section 1207.1. Postbaccalaureate Certification.--(a) |
26 | Notwithstanding any other provision of law to the contrary, the |
27 | Secretary of Education shall have all of the following powers |
28 | and duties with regard to postbaccalaureate certification |
29 | programs: |
30 | (1) Evaluate and approve, in accordance with this section, |
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1 | all postbaccalaureate certification programs, including |
2 | accelerated programs, leading to the certification of |
3 | professional personnel including intern certification programs, |
4 | residency certification programs and administrative |
5 | certification programs. |
6 | (2) Evaluate and approve qualified providers of |
7 | postbaccalaureate certification programs, which may include |
8 | providers other than institutions of higher education. |
9 | (3) Develop guidelines for the approval of postbaccalaureate |
10 | instructional certification programs, which shall include: |
11 | (i) Instruction and training in the following: |
12 | (A) Educational strategies for the designated subject area. |
13 | (B) Child development specifically related to the level of |
14 | the certificate sought. |
15 | (C) Professional ethics and responsibilities. |
16 | (D) Pennsylvania academic standards. |
17 | (E) Assessment knowledge and skills. |
18 | (F) Accommodations and adaptations for students with |
19 | disabilities in an inclusive setting. |
20 | (G) Strategies for meeting instructional needs of English |
21 | language learners. |
22 | (ii) Requirements for candidate oversight and mentoring that |
23 | include field placement, student teaching, classroom |
24 | observations and ongoing support for novice educators in |
25 | partnership with local education agencies during their induction |
26 | period, including observation, consultation and assessment that |
27 | includes close supervision by a professional employe. |
28 | (4) Issue certificates in accordance with this section to |
29 | qualified candidates. |
30 | (5) Adopt standards and guidelines as necessary to implement |
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1 | this section. |
2 | (b) (1) The Secretary of Education may make a one-time |
3 | issuance of a residency certificate for service in a specific |
4 | shortage area of instruction in public schools of this |
5 | Commonwealth to an applicant who meets all of the following: |
6 | (i) Satisfies the requirements specified under section 1209. |
7 | (ii) Meets one of the following: |
8 | (A) Holds a doctoral degree from an accredited college or |
9 | university in the subject area of shortage. |
10 | (B) Holds a master's degree from an accredited college or |
11 | university in the subject area of shortage and has at least two |
12 | (2) years of work experience in the subject area or related |
13 | field. |
14 | (C) Holds a bachelor's degree from an accredited college or |
15 | university in the subject area of shortage and has at least five |
16 | (5) years of work experience in the subject area or related |
17 | field. |
18 | (iii) Is continuously enrolled in an approved residency |
19 | program. |
20 | (iv) Presents evidence of satisfactory achievement on the |
21 | appropriate subject area content test. |
22 | (2) A residency certificate shall be valid for three (3) |
23 | years of teaching in the public schools of this Commonwealth in |
24 | the area for which it applies. |
25 | (3) The Secretary of Education shall have all of the |
26 | following powers and duties related to the issuance of residency |
27 | certificates: |
28 | (i) Identify areas of certification in which there is a |
29 | Statewide or regional shortage of qualified teachers. |
30 | (ii) Develop guidelines for the residency program in |
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1 | accordance with subsection (a). |
2 | (iii) Issue residency certificates to qualified applicants. |
3 | (iv) Report annually to the State Board of Education on the |
4 | number of residency certificates issued under this section. |
5 | (4) A residency certificate may be converted to an |
6 | Instructional I Certificate upon the completion of all residency |
7 | program requirements under Department of Education guidelines |
8 | and the completion of three (3) years of satisfactory teaching |
9 | in the public schools of this Commonwealth. |
10 | (c) (1) Postbaccalaureate instructional intern |
11 | certification programs shall provide flexible and accelerated |
12 | pedagogical training to teachers who have demonstrated subject |
13 | matter competency in a subject area related to their |
14 | certification, provided that the first year of teaching includes |
15 | a minimum of one classroom observation each month by an approved |
16 | postbaccalaureate certification program provider. |
17 | (2) The Secretary of Education may make a one-time issuance |
18 | of a postbaccalaureate instructional intern certificate for |
19 | service in a specific area of instruction to candidates who, in |
20 | addition to meeting the requirements of section 1209, present |
21 | evidence of satisfactory achievement on the department- |
22 | prescribed subject matter assessments related to the area of |
23 | certification and hold a bachelor's degree from an accredited |
24 | college or university. This certificate shall require continuing |
25 | enrollment in an approved postbaccalaureate instructional intern |
26 | certification program. |
27 | (3) A postbaccalaureate instructional intern certificate |
28 | shall be valid for three (3) years of teaching in the public |
29 | schools of this Commonwealth and may not be renewed. |
30 | (4) A candidate shall be issued an Instructional I |
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1 | Certificate upon successful completion of the approved |
2 | postbaccalaureate instructional intern program provided that the |
3 | candidate has satisfied the requirements of section 1209. |
4 | (d) (1) Notwithstanding any other provision of law, no |
5 | person shall be granted an administrative certificate by the |
6 | Department of Education unless: |
7 | (i) The candidate holds a bachelor's degree from a |
8 | regionally accredited college or university. |
9 | (ii) The candidate has had three (3) years of relevant |
10 | professional experience. |
11 | (iii) The candidate satisfies the requirements of section |
12 | 1209. |
13 | (iv) The candidate has completed in a college or university |
14 | a graduate program in education approved by the Department of |
15 | Education or has provided to the Secretary of Education |
16 | satisfactory evidence that the candidate has successfully |
17 | completed a leadership development program that meets the |
18 | Pennsylvania school leadership standards under section 1217. |
19 | (2) The Secretary of Education may adopt standards and |
20 | guidelines as necessary to implement this section. |
21 | (e) Notwithstanding any other provision of law, no candidate |
22 | for certification or admission into a certification preparation |
23 | program who holds a bachelor's degree from a regionally |
24 | accredited college or university shall be required to complete |
25 | the academic preparation requirements of 22 Pa. Code Ch. 354 |
26 | (relating to preparation of professional educators). |
27 | Section 4. Section 1209 of the act, amended April 15, 1959 |
28 | (P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended |
29 | to read: |
30 | Section 1. Section 1209 of the act of March 10, 1949 | <-- |
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1 | (P.L.30, No.14), known as the Public School Code of 1949, |
2 | amended April 15, 1959 (P.L.41, No.16) and June 24, 1959 |
3 | (P.L.485, No.110), is amended to read: |
4 | Section 1209. Disqualifications.--No teacher's certificate |
5 | shall be granted to any person who [has]: |
6 | (1) Has not submitted, upon a blank furnished by the |
7 | [Superintendent of Public Instruction] Secretary of Education, a |
8 | certificate from a physician [legally qualified to practice |
9 | medicine], certified registered nurse practitioner or physician |
10 | assistant licensed or certified in this Commonwealth, or in any |
11 | other state or the District of Columbia, setting forth that |
12 | [said] the applicant is [neither mentally nor physically |
13 | disqualified, by reason of tuberculosis or any other |
14 | communicable disease or by reason of mental disorder] not |
15 | disqualified by reason of a mental or physical disability or a |
16 | communicable disease from the successful performance of the |
17 | [duties of a teacher; nor to any person who has not] essential |
18 | functions of a teacher with or without a reasonable |
19 | accommodation. |
20 | (2) Does not have a good moral character[, or who is]. |
21 | (3) [in the habit of using opium or other narcotic drugs in |
22 | any form, or any intoxicating drink as a beverage, or to any |
23 | applicant who has a major physical disability or defect unless |
24 | such a person submits a certificate signed by an official of the |
25 | college or university from which he was graduated or of an |
26 | appropriate rehabilitation agency, certifying that in the |
27 | opinion of such official the applicant, by his work and |
28 | activities, demonstrated that he is sufficiently adjusted, |
29 | trained and motivated to perform the duties of a teacher, |
30 | notwithstanding his impediment.] Engages in the illegal use of |
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1 | controlled substances or alcoholic beverages. An applicant for |
2 | certification may overcome the disqualification under this |
3 | paragraph and receive a teaching certificate if the applicant is |
4 | reviewed by the Department of Education pursuant to the |
5 | requirement of paragraph (2) and determined to be of good moral |
6 | character. |
7 | Section 2. Section 1418(d) of the act, amended July 14, 1971 | <-- |
8 | (P.L.229, No.47), is amended to read: |
9 | Section 1418. Medical Examinations of Teachers and Other |
10 | Persons.--* * * |
11 | (d) Medical examinations shall be made by the school |
12 | physician of the district if provision therefor is made by the |
13 | district or joint school board or by a physician, certified |
14 | registered nurse practitioner or physician assistant of the |
15 | employe's own choice [legally qualified to practice medicine and |
16 | surgery or osteopathy or osteopathic surgery in the] licensed or |
17 | certified in this Commonwealth. |
18 | Section 3. Section 1607 of the act, amended August 11, 1959 |
19 | (P.L.683, No.228), is amended to read: |
20 | Section 1607. Attendance in Other Districts.--[Pupils] (a) |
21 | Except as set forth in subsection (b), pupils residing in a |
22 | school district in which no public high school is maintained may |
23 | attend, during the entire term, at the expense of the school |
24 | district of which they are residents, the nearest or most |
25 | conveniently located high school of such class as they may |
26 | desire to attend, unless the board of school directors of the |
27 | district of residence shall have assigned the pupils to a high |
28 | school and adequate transportation is provided thereto. Pupils |
29 | who reside in a school district in which no public high school, |
30 | other than a vocational high school is maintained, may attend, |
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1 | during the entire term, the nearest or most conveniently located |
2 | academic high school. In any district which maintains a high |
3 | school whose program of studies terminates before the end of the |
4 | twelfth year, pupils who have satisfactorily completed the |
5 | program of studies there available in other than vocational |
6 | schools or departments, or have completed a program of studies |
7 | equivalent to said program of studies in some other school or |
8 | schools, may attend, at the expense of the school district in |
9 | which they live, and for the purpose of pursuing academic |
10 | studies of a higher grade, the nearest or most conveniently |
11 | located high school of such type as they may desire to attend |
12 | giving further high school work. |
13 | (b) If a third class school district operating under a |
14 | special board of control pursuant to section 692 has, with the |
15 | approval of the Secretary of Education, curtailed its |
16 | educational program by eliminating its high school and has not |
17 | assigned its high school pupils to another school district and |
18 | provided adequate transportation in a manner under subsection |
19 | (a), the secretary shall have the following authority: |
20 | (1) To designate two or more school districts, which shall |
21 | accept on a tuition basis the high school students of the |
22 | distressed school district, so long as a designated school |
23 | district's border is no more than three (3) miles from the |
24 | border of the distressed school district. The designation under |
25 | this paragraph shall occur no later than thirty (30) days after |
26 | receiving the approval of the secretary to curtail its |
27 | educational program by the elimination of its high school, |
28 | provided, however, that if any school district meets the |
29 | criteria of subsection (b) on the effective date of this |
30 | subsection, the designation of school districts shall occur no |
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1 | later than thirty (30) days after the effective date of this |
2 | subsection. No designated school district shall be assigned more |
3 | than one hundred sixty-five (165) students from the distressed |
4 | school district. |
5 | (2) To establish a process for the distressed school |
6 | district to use to reassign its high school students to the |
7 | school districts designated under paragraph (1). |
8 | (3) To establish the per-pupil tuition rate that a school |
9 | district designated under paragraph (1) shall receive for each |
10 | reassigned student in a regular or special education program. |
11 | For the 2010-2011 school year and each school year thereafter, |
12 | the tuition rate established under this paragraph may not exceed |
13 | the product of: |
14 | (i) the tuition rate established for the 2007-2008 school |
15 | year; and |
16 | (ii) the greater of: |
17 | (A) two percent (2%); or |
18 | (B) the percentage increase in total budgeted revenues |
19 | available to a distressed school district. |
20 | (c) A school district designated under subsection (b)(1) |
21 | shall provide transportation to reassigned students to its high |
22 | school and shall be eligible for transportation reimbursement in |
23 | a manner consistent with section 2541. |
24 | (d) By August 1 of the year in which a school district is |
25 | designated under subsection (b)(1) and each August 1 thereafter, |
26 | the secretary shall publish on the Internet website of the |
27 | Department of Education and submit to the Legislative Reference |
28 | Bureau for publication in the Pennsylvania Bulletin the |
29 | following information: |
30 | (1) The names of the school districts designated under |
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1 | subsection (b)(1). |
2 | (2) The process established under subsection (b)(2). |
3 | (3) The tuition rate established under subsection (b)(3). |
4 | (e) Notwithstanding any other provision of statute, |
5 | regulation, guideline, directive, decision or agreement to the |
6 | contrary, a school district which is designated under subsection |
7 | (b)(1) may not be required to include the students in its public |
8 | school enrollment report for the purposes of determining an |
9 | interscholastic sports classification by a private entity that |
10 | is organized under the laws of this Commonwealth to administer |
11 | interscholastic athletics. |
12 | (f) A student assigned to a school district designated under |
13 | subsection (b)(1) shall be included in the average daily |
14 | membership of the student's school district of residence for the |
15 | purpose of providing basic education funding allocations and |
16 | special education funding payments pursuant to Article XXV. |
17 | (g) By February 1 of each year, the Legislative Budget and |
18 | Finance Committee shall submit an annual report to the chairman |
19 | and minority chairman of the Appropriations Committee and the |
20 | Education Committee of the Senate and to the chairman and |
21 | minority chairman of the Appropriations Committee and the |
22 | Education Committee of the House of Representatives summarizing |
23 | the financial and academic status of a distressed school |
24 | district under this section and including an audit of its |
25 | accounts for the immediately preceding school year. |
26 | (h) For the two (2) consecutive school years following |
27 | designation under subsection (b)(1), a school district |
28 | designated under subsection (b)(1) shall receive an additional |
29 | per-pupil sum of five hundred dollars ($500) for students |
30 | reassigned pursuant to this section. These additional funds |
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1 | shall be used for transition services to students, including |
2 | student mentoring, tutoring, employee in-service programs |
3 | designed to assist transitioning students and security |
4 | expenditures. |
5 | (i) The following apply: |
6 | (1) No later than ninety (90) days after designating a |
7 | school district under subsection (b)(1), the secretary shall |
8 | establish the Education Advisory Committee, consisting of |
9 | members selected by the secretary, including: |
10 | (i) A representative of each school district designated |
11 | under subsection (b)(1) recommended by the board of school |
12 | directors of the designated school district. |
13 | (ii) A member of the board of control of the distressed |
14 | school district subject to this section. |
15 | (iii) An administrator from each school district designated |
16 | under subsection (b)(1) and from the distressed school district |
17 | subject to this section. |
18 | (iv) A teacher from each school district designated under |
19 | subsection (b)(1) and from the distressed school district |
20 | subject to this section. |
21 | (v) An elected official representing voters in each school |
22 | district designated under subsection (b)(1) and the distressed |
23 | school district subject to this section. |
24 | (vi) Three (3) residents of each of the school districts |
25 | designated under subsection (b)(1). |
26 | (vii) Three (3) residents of the distressed school district |
27 | subject to this section. |
28 | (viii) An employe of the department. The employe must not be |
29 | a current member of the board of control. |
30 | (ix) A representative of the intermediate unit in which the |
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1 | school districts designated under subsection (b)(1) and the |
2 | distressed school district subject to this section are located. |
3 | (2) The Education Advisory Committee shall provide a semi- |
4 | annual report to the secretary. The report shall include: |
5 | (i) An evaluation of the transition of students who have |
6 | been assigned to a school district designated under subsection |
7 | (b)(1). |
8 | (ii) Recommendations for changes to the process established |
9 | under subsection (b)(2). |
10 | (iii) Recommendations for improving education opportunities |
11 | for students of a distressed school district under this section. |
12 | (3) The secretary shall provide the Education Advisory |
13 | Committee a written response to the semi-annual report required |
14 | under paragraph (2). |
15 | Section 5 4. Any regulations of the Department of Education | <-- |
16 | that are inconsistent with this act are hereby abrogated to the |
17 | extent of the inconsistency. |
18 | Section 6 5. This act shall take effect immediately. | <-- |
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