Bill Text: PA HB12 | 2009-2010 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-07-24 - Referred to EDUCATION [HB12 Detail]

Download: Pennsylvania-2009-HB12-Introduced.html

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PRINTER'S NO. 2504
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 12 Session of2009
INTRODUCED BY ROEBUCK, McCALL AND EACHUS, JULY 24, 2009
REFERRED TO COMMITTEE ON EDUCATION, JULY 24, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in duties and powers of boards of
school directors, establishing parent involvement programs
and policies in school districts; in school finances,
providing for workers' compensation, and further providing
for annual budget and for limitation on certain unreserved
fund balances; in grounds and buildings, further providing
for referendum or public hearing required prior to
construction or lease; providing for certification of
teachers by the National Board for Professional Teaching
Standards; in certification of teachers, further providing
for certificates qualifying persons to teach and for kinds of
State certificates; providing for residency certificates, and
further providing for disqualifications; in pupils and
attendance, providing for use of seclusion; further providing
for compulsory school attendance and for exceptions to
compulsory attendance; providing for interview reports for
withdrawing and illegally absent students; further providing
for cost of tuition and maintenance of certain exceptional
children in approved institutions and in the four charter
schools for education of the deaf and blind; and providing
for emergency permits at approved private schools and
chartered schools for the deaf and blind; in school health
services, further providing for possession and use of asthma
inhalers and epinephrine and auto-injectors; in high schools,
further providing for academic degrees; in charter schools,
further providing for funding for charter schools and for
annual reports and assessments; in education empowerment act,
further providing for education empowerment districts and for
mandate waiver program; in educational improvement tax
credit, further providing for definitions, for tax credit and
for limitations; in transfers of credits between institutions
of higher education, further providing for duties of public
institutions of higher education, for transfer and
articulation oversight committee and for participation by
independent institutions of higher education or State-related
institutions; in funding for public libraries, providing for
state aid for 2009-2010; in reimbursement by Commonwealth and
between school districts, further providing for definitions,
for basic education funding for student achievement and for
accountability to Commonwealth taxpayers, and for payments to
intermediate units; and providing for special education
funding for student achievement and instruction of eligible
students in regular classrooms and for special education
accountability to Commonwealth taxpayers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding sections
to read:
Section 528. Parent Involvement Programs and Policies.--(a)
The board of school directors in a school district of the first
class, first class A, second class, third class or fourth class
shall establish a parent involvement program, parent involvement
policy and parent involvement committee. No school entity shall
be required to establish a new program or policy under this
section if one currently exists and reasonably fulfills the
requirements of this section.
(b) A parent involvement program established by a board of
school directors shall include the following:
(1) Identification of existing resources, activities or
materials in the school district that may be used by parents to
improve the academic achievement of students in the school
district.
(2) Identification of existing resources, activities or
materials in the school district that may be used by parents to
improve or supplement techniques used by parents at home to
support and improve the academic achievement of students in the
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school district.
(3) Identification of a districtwide system of communicating
information between parents and school officials regarding the
curriculum, academic goals and strategic plan of the school
district.
(4) Identification of any supplemental academic services
available to students whose score on any Pennsylvania System of
School Assessment test is below proficient.
(5) Identification of any mechanism through which parents
can provide recommendations to the board of school directors
regarding programs that may improve the academic achievement of
students in the school district.
(6) Identification of any mechanism through which the school
district can provide information to parents regarding resources,
activities or materials in the school district that may be used
by parents to improve the academic achievement of their
students.
(c) A parent involvement policy established by a board of
school directors shall include the following:
(1) Identification of goals and objectives for the
involvement of parents in the improvement of the academic
achievement of students in the school district.
(2) Identification of specific strategies to meet the goals
and objectives required under paragraph (1).
(3) Explanation of the resources, activities, materials and
mechanisms identified in the parent involvement program.
(4) Explanation of the role of the parent involvement
committee established under subsection (d).
(d) A parent involvement committee established by a board of
school directors shall consist of parents of students enrolled
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in the school district and shall be responsible for providing
the board of school directors with recommendations on the school
district's parent involvement program and parent involvement
policy. If a school district currently has established a
committee of parents that makes recommendations on school
policies, the board of school directors may utilize that
committee to meet the requirements of this subsection.
(e) A board of school directors shall provide for the
publication and dissemination of information related to the
school district's parent involvement program and parent
involvement policy. The board of school directors shall:
(1) Make the parental involvement policy available on its
publicly accessible Internet website, if available.
(2) Make copies of the parent involvement program and parent
involvement policy available for inspection in the
administrative office of the school district and provide copies
upon request.
(3) Provide copies of the parent involvement program and
parent involvement policy to the Department of Education no
later than sixty (60) days from the effective date of this
section.
Section 615. Workers' Compensation Safety Committee.--(a)
Each school district shall have and maintain a certified safety
committee by December 31, 2010, for the purposes of section
1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as
the "Workers' Compensation Act." The Department of Labor and
Industry shall annually provide the Department of Education with
the list of school districts who have a certified safety
committee. In the case of a school district that does not comply
with this section, the Department of Education shall annually
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deduct from any allocation from the Commonwealth to which the
school district is entitled the amount of the discount the
school district would otherwise receive under section 1002(b) of
the "Workers' Compensation Act."
(b) This section shall not apply to a school district that
cannot receive a premium discount under section 1002(b) of the
"Workers' Compensation Act," or an equivalent reduction in
contribution rates, by establishing and maintaining a certified
safety committee because it is authorized to self-insure its
liabilities under section 305 of the "Workers' Compensation Act"
or pool its liabilities under section 802 of the "Workers'
Compensation Act."
Section 2. Section 687(j) of the act, amended July 9, 2008
(P.L.846, No.61), is amended to read:
Section 687. Annual Budget; Additional or Increased
Appropriations; Transfer of Funds.--* * *
(j) Notwithstanding any other provisions of this act, the
board of school directors of each school district may reopen its
2003-2004 budget, its 2004-2005 budget, its 2005-2006 budget,
its 2006-2007 budget, its 2007-2008 budget [or], its 2008-2009
budget, or its 2009-2010 budget to reflect any State allocations
for fiscal year 2003-2004, fiscal year 2004-2005, fiscal year
2005-2006, fiscal year 2006-2007, fiscal year 2007-2008 [or],
fiscal year 2008-2009, or fiscal year 2009-2010 provided by the
General Assembly through this act.
Section 3. Section 688(c) of the act, added December 23,
2003 (P.L.48), is amended and the section is amended by adding a
subsection to read:
Section 688. Limitations on Certain Unreserved Fund
Balances.--* * *
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(b.1) (1) A school district may designate some or all of
its estimated unreserved fund balance for the purpose of making
payments to the fund under 24 Pa.C.S. § 8327 (relating to
payments by employers) in advance of a projected increase in the
employer contribution rate calculated under 24 Pa.C.S. § 8328
(relating to actuarial cost method).
(2) Nothing in paragraph (1) shall be construed to
invalidate a school district designation of all or part of its
unreserved fund balance for the purpose of making payments to
the fund under 24 Pa.C.S. § 8327, which designation occurred
prior to the effective date of this subsection.
(c) As used in this section[, "estimated]:
"Estimated ending unreserved, undesignated fund balance"
shall mean that portion of the fund balance which is
appropriable for expenditure or not legally or otherwise
segregated for a specific or tentative future use, projected for
the close of the school year for which a school district's
budget was adopted and held in the General Fund accounts of the
school district.
"Fund" shall mean the Public School Employees' Retirement
Fund.
Section 4. Section 701.1 of the act, amended July 4, 2004
(P.L.536, No.70), is amended to read:
Section 701.1. Referendum or Public Hearing Required Prior
to Construction or Lease.--Except where the approval of the
electors is obtained to incur indebtedness to finance the
construction of a school project, the board of school directors
of any school district of the second, third or fourth classes,
shall not construct, enter into a contract to construct or enter
into a contract to lease a new school building or substantial
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addition to an existing school building without the consent of
the electors obtained by referendum or without holding a public
hearing as hereinafter provided. In the event that a new school
building or a substantial addition to an existing building is to
be constructed or leased, the school board shall, by a majority
vote of all its members, authorize a maximum project cost and a
maximum building construction cost to be financed by the
district or amortized by lease rentals to be paid by the
district. Building construction cost shall consist of the cost
of all building construction including general construction
costs, plumbing, heating, electrical, ventilating and other
structural costs, equipment and fixtures and architectural and
engineering fees relating thereto, but not including costs for
site acquisition and development, rough grading to receive the
building, sewage treatment facilities or equivalent capital
contributions, and architectural and engineering fees relating
thereto. Building construction cost shall not include any
additional costs incurred to meet certification requirements of
a green building standard. In all cases, a public hearing shall
be held not later than thirty (30) days before the school
district submits the initial building construction cost and
green building standard cost estimates to the Department of
Education for approval. Notice of the hearing shall be given not
later than twenty (20) days before the date of the scheduled
hearing. In the event that the maximum building construction
cost authorization exceeds the aggregate building expenditure
standard hereinafter specified, the aforesaid authorization of
the school board shall be submitted to the electors of the
school district for their approval within six (6) months prior
to submission of the final building construction cost bids to
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the Department of Education for approval. Such referendum shall
be held in the same manner as provided by law for the approval
of the incurring of indebtedness by referendum. The question as
submitted shall specify the maximum project cost, the maximum
building construction cost and the annual sinking fund charge or
lease rental to be incurred by the school district and the
portion of such charge or rental expected to be reimbursed by
the Commonwealth. If the final building construction cost bids
to be submitted to the Department of Education for approval are
less than the aggregate building expenditure standard hereafter
specified but exceed by eight (8) per cent or more the initial
building construction cost estimates submitted to the Department
for approval, a second public hearing shall be held before the
Department shall give its final approval.
The applicable aggregate building expenditure standard shall
be a total amount calculated for each building or substantial
addition by multiplying the rated pupil capacity under the
approved room schedule by the following: two thousand eight
hundred dollars ($2,800) for each pupil of rated elementary
capacity; four thousand two hundred dollars ($4,200) for each
pupil of rated secondary capacity in grades seven, eight and
nine and five thousand two hundred dollars ($5,200) for each
pupil of rated secondary capacity in grades ten, eleven and
twelve and five thousand two hundred dollars ($5,200) for each
pupil of rated vocational-technical capacity in grades ten,
eleven and twelve to not include the cost of equipment and
fixtures in such vocational-technical schools: Provided,
however, That each of the preceding per pupil amounts shall be
adjusted by the Department of Education on July 1, 1974; and
annually thereafter through July 1, 2003, by multiplying said
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amounts by the ratio of the composite construction cost index
compiled and published by the United States Department of
Commerce for the preceding calendar year to such index for the
next preceding calendar year; and Further Provided, however,
That each of the preceding per pupil amounts shall be adjusted
by the Department of Education on July 1, 2004; and annually
thereafter by multiplying said amounts by the ratio of the
Building Cost Index published by the McGraw-Hill Companies for
the preceding calendar year to such index for the next preceding
calendar year. Rated elementary pupil capacity or rated
secondary pupil capacity for any school building shall be the
rated pupil capacity determined on the basis of the method used
by the Department for school building reimbursement purposes
during the school year 1971-1972.
For purposes of this section:
(1) "Site acquisition" includes the cost of land and mineral
rights, demolition and clearing, rights-of-way and related
utility relocations, surveys and soils analysis, and the cost of
all fees relating thereto.
(2) "Site development" includes excavation, grouting or
shoring, special foundations for buildings, access roads to
site, utilities on site, extension of utilities to site.
(3) "Equipment and fixtures" means property fixed or movable
which is incidental and necessary to conduct the educational
program, and includes, but is not limited to movable equipment
such as desks, chairs, tables, portable physical education
equipment, audio-visual equipment and science, homemaking,
industrial art and business equipment and instructional
materials and fixtures such as casework, laboratory equipment,
kitchen equipment, auditorium seating and any other special
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fixtures or equipment required to conduct a particular
educational program.
(4) "Substantial addition" means more than twenty (20) per
centum of the area and replacement value of the structure to
which the improvement is to be added.
(5) "Green building standard" means a building standard that
meets the following criteria:
(i) Is consensus-based, as defined by the Office of
Management and Budget, Circular A-119, dated February 10, 1998.
(ii) At a minimum, includes performance-based categories or
credits that will foster the optimization of a building's energy
performance and use of environmentally benign building materials
and technologies.
(iii) Requires documentation, verifiable calculations or
equivalent procedures to substantiate and support any and all
claims made regarding a building's energy performance and the
use of environmentally benign materials.
(iv) Employs third-party, postconstruction review and
verification of achievement of certification.
(v) Has a performance record of certified green buildings in
the United States.
(6) "Green building standard cost" means the design,
construction and registration costs directly attributable to
achieving points under a green building standard, including, but
not limited to, energy performance benchmarking; life-cycle cost
assessments; low-impact development; storm water management
technologies; energy and lighting modeling; alternative energy
technology; building commissioning and the cost of registration
with the organization providing the green building standard.
Section 5. The act is amended by adding an article to read:
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ARTICLE XI-B
CERTIFICATION OF TEACHERS
BY THE NATIONAL BOARD FOR
PROFESSIONAL TEACHING STANDARDS
Section 1101-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Eligible teacher." A teacher who:
(1) Is a current Pennsylvania resident.
(2) Currently holds a valid Pennsylvania teaching
certification in good standing.
(3) Has completed three full years of teaching or school
counseling in a Pennsylvania public school, intermediate unit
or area vocational-technical school.
(4) Holds a current, full-time teaching or school
counseling position in a Pennsylvania public school,
intermediate unit or area vocational-technical school.
(5) Has not previously received Commonwealth funds for
participating in any certification area of the NBPTS program.
(6) Has not repaid any Commonwealth funds previously
received for the NBPTS certification process.
(7) Has not received a waiver of repayment from the
Department of Education.
"National Board for Professional Teaching Standards" or
"NBPTS." The independent, nonprofit organization established in
1987 to establish high standards for teachers' knowledge and
performance and for development and operation of a national
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voluntary system to assess and certify teachers who meet those
standards.
"Public school." A school operated by a school district,
intermediate unit, charter school, cyber charter school or an
area vocational-technical school.
Section 1102-B. Program.
(a) Establishment.--A program to help defray the cost to
teachers of becoming certified by the National Board for
Professional Teaching Standards is established.
(b) Goal.--It is the goal of the Commonwealth to provide
opportunities and incentives for excellent teachers and to
retain them in the teaching profession. To attain this goal, the
Commonwealth shall support the efforts of teachers to achieve
national certification by providing reimbursement to public
schools for substitute fees associated with teachers
participating in the certification process and paying the
assessment fee for teachers who seek to attain national
certification from the National Board for Professional Teaching
Standards.
Section 1103-B. Payment of fees.
To the extent funds are available, the Commonwealth shall do
all of the following:
(1) Pay all or a portion of the cost of NBPTS assessment
fees on behalf of an eligible teacher to become NBPTS
certified or recertified.
(2) Reimburse school districts for substitute fees for
each day the eligible teacher participates in preparation for
NBPTS certification, up to three days.
Section 1104-B. Priority.
(a) Schools in school improvement or corrective action.--
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Eligible teachers who teach in schools identified as in school
improvement or corrective action shall receive first priority
for payment of assessment fees under this article. The eligible
teachers' districts shall also receive first priority for
substitute fees reimbursement.
(b) Other priority.--Eligible teachers who teach early
childhood education, mathematics or science at the middle or
secondary level or who teach special education or foreign
languages shall receive second priority for payment of
assessment fees under this article. The eligible teachers'
districts shall also receive second priority for substitute fees
reimbursement.
Section 1105-B. Duties of eligible teachers.
(a) Completion of process.--An eligible teacher on whose
behalf the assessment fee is paid shall agree to complete the
certification process or be subject to repayment as set forth in
section 1106-B(a).
(b) Three-year commitment.--An eligible teacher on whose
behalf the assessment fee is paid and who receives NBPTS
certification shall, in addition to the requirement under
subsection (a), agree to serve as a teacher or administrator in
a Pennsylvania public school for a period of at least three
years or be subject to repayment as set forth in section 1106-
B(b). Eligible teachers who receive priority under section 1104-
B and who receive NBPTS certification shall teach in that
priority class for the three-year commitment period. If an
eligible teacher receives priority under section 1104-B(a) and
the school is removed from improvement or corrective action
during the three-year commitment period, service in the same
school or in another school identified as in school improvement
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or corrective action shall continue to fulfill the requirements
of this subsection.
Section 1106-B. Repayment.
(a) Failure to complete the certification process.--When an
eligible teacher for whom the Commonwealth has paid the
assessment fee fails to complete the certification process, the
teacher shall reimburse the Commonwealth for the amount of the
assessment fee. A candidate who completes the certification
process but is denied NBPTS certification shall not be subject
to repayment pursuant to this subsection.
(b) Failure to continue teaching.--When an eligible teacher
for whom the Commonwealth has paid the assessment fee fails to
meet the requirements of section 1105-B(b), the teacher shall
reimburse the Commonwealth for the amount of the assessment fee.
The teacher shall certify to the department each year that the
teacher is in compliance with section 1105-B(b).
(c) Waiver of repayment.--Upon the application of the
eligible teacher, the department shall waive the repayment
requirement if the department finds that the teacher was unable
to complete the process or meet the requirements of section
1105-B(b) for teaching in a priority class or school identified
as in school improvement or corrective action due to
administrative action on the part of the school district or area
vocational-technical school for other than causes enumerated in
section 1122, or continue teaching due to illness of the
teacher, the death or catastrophic illness of a member of the
teacher's immediate family, or parental leave to care for a
newborn or newly adopted child and may waive the repayment
requirement due to other extraordinary circumstances.
Section 1107-B. Duties of department.
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(a) Guidelines.--The department shall develop guidelines
necessary for the implementation of this article.
(b) Technical assistance.--To the extent funds are
available, the department shall provide technical assistance to
NBPTS applicants. The department may contract with one or more
institutions of higher education or intermediate units in order
to provide technical assistance.
Section 6. Section 1201 of the act, amended January 14, 1970
(1969 P.L.468, No.192), is amended to read:
Section 1201. Certificates Qualifying Persons to Teach.--
Only those persons holding one of the following certificates
shall be qualified to teach in the public schools of this
Commonwealth--(1) Permanent college certificate, (2) provisional
college certificate, (3) normal school diploma, (4) normal
school certificate, (5) special permanent certificate, (6)
special temporary certificate, (7) permanent State certificate,
(8) residency certificate, (9) certificates which are permanent
licenses to teach by virtue of the provisions of section one
thousand three hundred eight of the act, approved the eighteenth
day of May, one thousand nine hundred eleven (Pamphlet Laws
309), as amended, which is repealed hereby, or [(9)] (10) such
other kinds of certificates as are issued under the standards
prescribed by the State Board of Education. The State Board of
Education shall also provide for issuance of certificates by
district superintendents to meet such emergencies or shortage of
teachers as may occur.
Section 7. Section 1203 of the act is amended to read:
Section 1203. Kinds of State Certificates.--State
certificates hereafter granted shall include the following:
Provisional College Certificates,
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Permanent College Certificates,
Certificates issued by other states and validated by the
Superintendent of Public Instruction,
Special Temporary Certificates,
Special Permanent Certificates[.],
Residency Certificates.
All persons receiving any of such certificates shall have
qualifications not less than graduation from a State Teachers'
College of this Commonwealth, or equivalent training. Residency
certificate program training completed under section 1207.1
shall be considered equivalent training for purposes of this
act.
Every college certificate shall set forth the names of the
college or university from which its holder was graduated. State
certificates shall entitle their holders to teach in every part
of this Commonwealth for the terms herein specified.
Section 8. The act is amended by adding a section to read:
Section 1207.1. Residency Certificates.--(a) The Secretary
of Education may make a one-time issuance of a residency
certificate for service in a specific shortage area of
instruction in public schools of this Commonwealth to an
applicant who meets all of the following:
(1) Satisfies the requirements specified under section 1209.
(2) Meets one of the following:
(i) Holds a doctoral degree from an accredited college or
university in the subject area of shortage.
(ii) Holds a master's degree from an accredited college or
university in the subject area of shortage and has at least two
years of work experience in the subject area or related field.
(iii) Holds a bachelor's degree from an accredited college
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or university in the subject area of shortage and has at least
five years of work experience in the subject area or related
field.
(3) Is continuously enrolled in an approved residency
program.
(4) Presents evidence of satisfactory achievement on the
appropriate subject area content test.
(b) A residency certificate shall be valid for three years
of teaching in the public schools of this Commonwealth in the
area for which it applies.
(c) The secretary shall have all of the following powers and
duties related to the issuance of residency certificates:
(1) Identify areas of certification in which there is a
Statewide or regional shortage of qualified teachers.
(2) Develop guidelines for the residency program which shall
include:
(i) Preplacement instruction and training.
(ii) Instruction and training in the following:
(A) Educational strategies for the designated subject area
for which the residency certificate is issued.
(B) Child development specifically related to the level of
the certificate sought.
(C) Emotional support.
(D) Pennsylvania academic standards.
(E) Assessment knowledge and skills.
(F) Pennsylvania standards and aligned system knowledge.
(iii) Requirements for oversight and mentoring that include
induction, classroom observations and professional development
for the certificate holder during the three years of service in
the public schools of this Commonwealth.
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(3) Approve all residency programs.
(4) Issue residency certificates to qualified applicants.
(5) Report annually to the State Board of Education on the
number of residency certificates issued under this section.
(d) A residency certificate may be converted to an
Instructional I Certificate upon the completion of all residency
program requirements under Department of Education guidelines
and the completion of three years of satisfactory teaching in
the public schools of this Commonwealth.
Section 9. Section 1209 of the act, amended April 15, 1959
(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended
to read:
Section 1209. Disqualifications.--No teacher's certificate
shall be granted to any person who [has]:
(1) Has not submitted, upon a blank furnished by the
[Superintendent of Public Instruction] Secretary of Education, a
certificate from a physician [legally qualified to practice
medicine], certified registered nurse practitioner or physician
assistant licensed or certified in this Commonwealth, or in any
other state or the District of Columbia, setting forth that
[said] the applicant is [neither mentally nor physically
disqualified, by reason of tuberculosis or any other
communicable disease or by reason of mental disorder] not
disqualified by reason of a mental or physical disability or a
communicable disease from the successful performance of the
[duties of a teacher; nor to any person who has not] essential
functions of a teacher with or without a reasonable
accommodation.
(2) Does not have a good moral character[, or who is].
(3) [in the habit of using opium or other narcotic drugs in
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any form, or any intoxicating drink as a beverage, or to any
applicant who has a major physical disability or defect unless
such a person submits a certificate signed by an official of the
college or university from which he was graduated or of an
appropriate rehabilitation agency, certifying that in the
opinion of such official the applicant, by his work and
activities, demonstrated that he is sufficiently adjusted,
trained and motivated to perform the duties of a teacher,
notwithstanding his impediment.] Engages in the illegal use of
controlled substances or alcoholic beverages. An applicant for
certification may overcome the disqualification under this
paragraph and receive a teaching certificate if the applicant is
reviewed by the Department of Education pursuant to the
requirement of paragraph (2) and determined to be of good moral
character.
Section 10. The act is amended by adding a section to read:
Section 1320. Use of Seclusion.--(a) The State Board of
Education shall, within one year of the effective date of this
section, adopt regulations establishing standards relating to
the use of seclusion, including, but not limited to, the
appropriateness of use for all students, training for personnel,
parental consent and notification, by a school entity or agency.
The regulations shall be consistent with existing Federal or
State regulations and shall not alter any provision of 22 Pa.
Code § 14.133 (relating to positive behavior support).
(b) In adopting the regulations, the State Board of
Education shall follow the procedures set forth in the act of
July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law, and the act of June 25, 1982 (P.L.633, No.181),
known as the "Regulatory Review Act," for the promulgation and
20090HB0012PN2504 - 19 -
review of final-omitted regulations.
(c) The State Board of Education shall develop regulations
under this section in consultation with the Department of
Education, education and special education stakeholders, parents
and other interested parties.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Agency" shall mean a school entity, approved private school,
State-operated program or facility or other public or private
organization providing educational services to children with
disabilities or providing early intervention services.
"School entity" shall mean a local public education provider
such as a school district, area vocational-technical school or
intermediate unit, including charter schools.
"Seclusion" shall mean the confinement of a student alone in
a room from which the student is physically prevented from
leaving.
Section 11. Section 1327 of the act is amended by adding a
subsection to read:
Section 1327. Compulsory School Attendance.--* * *
(a.1) A student who is not in compliance with this section
shall be required to complete an interview in accordance with
section 1354.1.
* * *
Section 12. Section 1330 of the act, amended May 11, 1949
(P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and
January 14, 1970 (1969 P.L.468, No.192), is amended to read:
Section 1330. Exceptions to Compulsory Attendance.--(a) The
provisions of this act requiring regular attendance shall not
20090HB0012PN2504 - 20 -
apply to any child who--
(1) Has attained the age of sixteen (16) years, and who is
regularly engaged in any useful and lawful employment or service
during the time the public schools are in session, and who holds
an employment certificate issued according to law;
(2) Has been examined by an approved mental clinic or by a
person certified as a public school psychologist or
psychological examiner, and has been found to be unable to
profit from further public school attendance, and who has been
reported to the board of school directors and excused, in
accordance with regulations prescribed by the State Board of
Education.
(3) Has attained the age of fifteen (15) years and is
engaged in farm work or domestic service in a private home on a
permit issued by the school board or the designated school
official of the school district of the child's residence, in
accordance with regulations which the Superintendent of Public
Instruction is hereby authorized to prescribe;
(4) Has attained the age of fourteen (14) years and is
engaged in farm work or domestic service in a private home on a
permit issued as provided in clause (3) of this section, and who
has satisfactorily completed, either in public or private
schools, the equivalent of the highest grade of the elementary
school organization prevailing in the public schools of the
district in which he resides, if the issuance of such a permit
has first been recommended by the district superintendent of
schools having supervision of the schools of the district where
such child resides, or by the principal of the private school
where such child is enrolled, and the reason therefor has been
approved by the Superintendent of Public Instruction;
20090HB0012PN2504 - 21 -
(5) Except in districts of the fourth class and those of the
third class located wholly within the boundary lines of a
township, or within the boundary lines of a borough which has a
population of less than five hundred (500) inhabitants to the
square mile, resides two miles or more by the nearest public
highways from any public school in session and no proper free
transportation is furnished to such child to and from school.
(b) A student who withdraws under this section shall
complete an interview in accordance with section 1354.1.
Section 13. The act is amended by adding a section to read:
Section 1354.1. Interview Reports for Withdrawing and
Illegally Absent Students.--(a) It shall be the duty of a
school principal of a public school or charter school to conduct
or assign a designee to conduct an interview for each student
who withdraws or is illegally absent for ten (10) days or more,
without lawful excuse, from that public school or charter
school. During the interview the student shall be made aware of
alternatives to withdrawing from the public school or charter
school. If the student is legally withdrawing as provided in
section 1330, the interview must be done in conjunction with the
verification of any work or farm permit issued. If the student
is not in compliance with the compulsory school attendance
provisions of this act, an interview must be conducted that
further inquires as to why the student is illegally absent. A
migratory child or a student withdrawing to attend another
public school entity, a charter school, cyber charter school,
home education program, nonpublic nonlicensed school, private
academic school or an approved institution of higher education
shall not be required to complete an interview required in this
section.
20090HB0012PN2504 - 22 -
(b) If a student fails to complete the interview required
under subsection (a), the school principal shall conduct an
interview with a parent or guardian of the student. The
principal shall send a written notice to the parent or guardian
by certified mail, return receipt requested, that informs the
parent or guardian of the interview required by and the penalty
for failure to comply with this subsection, and shall maintain a
copy of the notice and the return receipt, if any, with the
records of the student. The interview may be conducted in person
or via the telephone at a time most accommodating for both
parties. Failure of a parent or guardian to complete an
interview on behalf of the child of the parent or guardian
within fifteen (15) school days after the date written notice is
sent by certified mail is a violation of this section and the
school district or charter school may impose a civil penalty in
accordance with section 1333.
(c) The Department of Education shall establish and
distribute a standard form to be completed by a school principal
or a designee during an interview. The form shall require, but
is not limited to, the following information: name, address,
telephone number, date of birth, most current student
identification number, current grade level, school name and
district, reasons for withdrawing, name, address and telephone
number of a parent or guardian and any other information the
department deems necessary. The form must be filed with the
Department of Education within thirty (30) days following the
interview. The data collected from the interviews, excluding
specific names and addresses and identification, will be used in
conjunction with the Electronic Dropout/Graduate Report (EDGR),
a data reporting system or a report of equivalence compiled and
20090HB0012PN2504 - 23 -
distributed by the Division of Data Services of the Department
of Education. In addition, the information shall be made part of
the student's permanent record by the school district or charter
school. The report must be made public at the end of each fiscal
year.
(d) The provisions of sections 1356 and 1357 shall not apply
to this section.
Section 14. Sections 1376(a.2) and 1376.1(b.2) of the act,
amended July 4, 2004 (P.L.536, No.70), are amended to read:
Section 1376. Cost of Tuition and Maintenance of Certain
Exceptional Children in Approved Institutions.--* * *
(a.2) For the 2005-2006 school year and each school year
thereafter, the Department of Education shall determine the
payment amount for each approved private school for all students
enrolled in an approved private school for the prior school year
as follows:
(1) (i) Multiply the payment determined for the immediate
preceding school year by one hundred and twenty-five percent
(125%) of the percentage increase in the appropriation for
special education for the fiscal year prior to the fiscal year
in which payments under this subsection are made.
(ii) Add the product from subparagraph (i) to the payment
determined for the immediate preceding school year.
(iii) In any fiscal year in which there is no increase in
the State appropriation for special education, the increase for
the approved private schools in the following fiscal year shall
be calculated by applying the multiplier in subsection (a.2)(1)
(i) to the average of the percentage increase in the
appropriation for special education and the appropriation for
basic education for the last fiscal year in which there was an
20090HB0012PN2504 - 24 -
increase in the special education and basic education State
appropriations.
(2) No later than May 10, 2005, and no later than May 10 of
each year thereafter, the Department of Education shall notify
each school district of residence or charter school of a child
enrolled in an approved private school of its payment amount
under subsection (a).
(3) The Department of Education shall pay each approved
private school the total amount calculated pursuant to this
subsection divided into twelve (12) monthly payments. The
Department of Education shall withhold the school district or
charter school payment amount calculated under subsection (a)
from the amount of any and all State payments made to the school
district or charter school. In no event shall the sum of the
Commonwealth's share of payments to approved private schools
under this subsection exceed the appropriation for approved
private schools.
* * *
Section 1376.1. Actual Cost of Tuition and Maintenance of
Certain Exceptional Children in the Four Chartered Schools for
Education of the Deaf and the Blind.--* * *
(b.2) Payments are as follows:
(1) For the 2005-2006 school year and each school year
thereafter, the department shall determine the payment amount
for each chartered school for all students enrolled in a
chartered school for the prior school year as follows:
(i) Multiply the payment determined for the immediate
preceding school year by one hundred and twenty-five percent
(125%) of the percentage increase in the appropriation for
special education for the fiscal year prior to the fiscal year
20090HB0012PN2504 - 25 -
in which payments under this subsection are made.
(ii) Add the product under subparagraph (i) to the payment
determined for the immediately preceding school year.
(iii) In any fiscal year in which there is no increase in
the State appropriation for special education, the increase for
the chartered schools for the deaf and blind in the following
fiscal year shall be calculated by applying the multiplier in
subsection (b.2)(1)(i) to the average of the percentage increase
in the appropriation for special education and the appropriation
for basic education for the last fiscal year in which there was
an increase in the special education and basic education funding
State appropriations.
(2) No later than May 10, 2005, and no later than May 10 of
each school year thereafter, the department shall notify each
school district of residence or charter school of a child
enrolled in a chartered school of its payment amount under
subsection (b).
(3) The department shall pay each chartered school the total
amount calculated pursuant to this subsection divided into
twelve (12) monthly payments. The department shall withhold the
school district or charter school payment amount calculated
under subsection (b) from the amount of any and all State
payments made to the school district or charter school. In no
event shall the sum of the Commonwealth's share of payments to
chartered schools under this subsection exceed the appropriation
for chartered schools.
* * *
Section 15. The act is amended by adding a section to read:
Section 1377.2. Emergency Permits at Approved Private
Schools and Chartered Schools for the Deaf and Blind.--Approved
20090HB0012PN2504 - 26 -
private schools and chartered schools for the deaf and blind
shall have the authority to apply for emergency permits through
the Department of Education pursuant to the criteria for
eligibility established under 22 Pa. Code § 49.31 (relating to
criteria for eligibility) as if the teachers were employed by a
public school entity provided that all other conditions for
obtaining an emergency permit are met.
Section 16. Section 1414.1 of the act, added November 30,
2004 (P.L.1471, No.187), is amended to read:
Section 1414.1. Possession and Use of Asthma Inhalers and
Epinephrine Auto-Injectors.--(a) Each school entity shall
develop a written policy to allow for the possession and self-
administration by children of school age of [an] asthma
[inhaler] inhalers and epinephrine auto-injectors, and the
prescribed medication to be administered thereby, in a school
setting. The policy shall comply with section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701
et seq.) and 22 Pa. Code Ch. 15 (relating to protected
handicapped students). The policy shall be distributed with the
code of student conduct required under 22 Pa. Code § 12.3(c)
(relating to school rules) and made available on the school
entity's publicly accessible Internet website, if any.
(b) The policy under this section shall require a child of
school age that desires to possess and self-administer an asthma
inhaler or epinephrine auto-injector in a school setting to
demonstrate the capability for self-administration and for
responsible behavior in the use thereof and to notify the school
nurse immediately following each use of an asthma inhaler or
epinephrine auto-injector. The school entity shall develop a
system whereby the child may [verify] demonstrate competency to
20090HB0012PN2504 - 27 -
the school nurse that the child is capable of self-
administration and has permission for carrying and taking the
medication through the use of the asthma inhaler[.] or
epinephrine auto-injector. Determination of competency for self-
administration shall be based on age, cognitive function,
maturity and demonstration of responsible behavior. The school
entity shall also restrict the availability of the asthma
inhaler, the epinephrine auto-injector and the prescribed
medication contained therein from other children of school age[,
with immediate confiscation of both]. The policy shall specify
conditions under which a student may lose the privilege to self-
carry the asthma inhaler, the epinephrine auto-injector and the
medication [and loss of privileges] if the school policies are
abused or ignored. A school entity that prevents a student from
self-carrying an asthma inhaler or epinephrine auto-injector and
the prescribed medication shall ensure that they are
appropriately stored at locations in close proximity to the
student prohibited from self-carrying and notify the student's
classroom teachers of the places where the asthma inhaler or
epinephrine auto-injector and medication are to be stored and
means to access them.
(c) The policy under this section may include the following:
(1) The requirement of a written statement from the
physician, certified registered nurse practitioner or physician
assistant that provides the name of the drug, the dose, the
times when the medication is to be taken and the diagnosis or
reason the medicine is needed unless the reason should remain
confidential. The physician, certified registered nurse
practitioner or physician assistant shall indicate the potential
of any serious reaction that may occur to the medication, as
20090HB0012PN2504 - 28 -
well as any necessary emergency response. The physician,
certified registered nurse practitioner or physician assistant
shall state whether the child is qualified and able to self-
administer the medication.
(2) The requirement of a written request from the parent or
guardian that the school entity comply with the order of the
physician, certified registered nurse practitioner or physician
assistant. The parent's note shall include a statement relieving
the school entity or any school employe of any responsibility
for the benefits or consequences of the prescribed medication
when it is parent-authorized and acknowledging that the school
entity bears no responsibility for ensuring that the medication
is taken.
(3) The ability of the school entity to reserve the right to
require a statement from the physician, certified registered
nurse practitioner or physician assistant for the continued use
of any medication beyond a specified time period. The school
entity shall also require updated prescriptions and parental
approvals on an annual basis from the pupil.
(d) As used in this section, "school entity" means a school
district, intermediate unit, charter school or area vocational-
technical school.
(e) Nothing in this section shall be construed to create,
establish or expand any civil liability on the part of any
school entity or school employe.
(f) Within one hundred twenty (120) days of the effective
date of this subsection, the Department of Health in
coordination with the Department of Education shall provide
technical assistance, resources and publish information on the
Department of Health's publicly accessible Internet website
20090HB0012PN2504 - 29 -
regarding the administration of medication for allergies by
persons employed with a school entity, including the following:
(1) Proper use of epinephrine devices.
(2) The importance of following the entity's student
services plan required under 22 Pa. Code § 12.41 (relating to
student services) and its responsibilities to comply with
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)
and 22 Pa. Code Ch. 15.
(3) Recognition of the symptoms of a severe allergic
reaction.
(4) Requirements for proper access, storage and security of
student medications.
(5) Notification of appropriate persons following
administration of medications.
(6) Recordkeeping.
Section 17. Section 1611 of the act is amended by adding a
subsection to read:
Section 1611. Academic Degrees.--* * *
(d) A board of school directors may establish a program to
be known as "Operation Recognition" which provides for granting
a high school diploma to any honorably discharged veteran who
served in the United States military in the Vietnam War between
the twenty-eighth day of February, one thousand nine hundred
sixty-one, and the seventh day of May, one thousand nine hundred
seventy-five, who attended high school between one thousand nine
hundred fifty-eight and one thousand nine hundred seventy-five
and who would have been a member of a graduation class during
the years one thousand nine hundred sixty-two through one
thousand nine hundred seventy-five but did not graduate from
high school due to entry into military service. A board of
20090HB0012PN2504 - 30 -
school directors may award a diploma posthumously to an eligible
veteran. An application for a diploma under this subsection must
be made in the manner prescribed by the board of school
directors.
Section 18. Section 1725-A(a) of the act, amended June 29,
2002 (P.L.524, No.88), is amended to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
(1) There shall be no tuition charge for a resident or
nonresident student attending a charter school.
(2) For non-special education students, the charter school
shall receive for each student enrolled no less than the
budgeted total expenditure per average daily membership of the
prior school year, as defined in section 2501(20), minus the
budgeted expenditures of the district of residence for nonpublic
school programs; adult education programs; community/junior
college programs; student transportation services; for special
education programs; facilities acquisition, construction and
improvement services; and other financing uses, including debt
service and fund transfers as provided in the Manual of
Accounting and Related Financial Procedures for Pennsylvania
School Systems established by the department. This amount shall
be paid by the district of residence of each student[.] or, upon
written request of the charter school, by the department to the
charter school in which a Pennsylvania resident student is
enrolled from any allocation for basic education funding to
which the school district in which the student resides is
entitled. The department shall establish payment guidelines and
notify the school district of receipt of a request for direct
payment by the department.
20090HB0012PN2504 - 31 -
(3) For special education students, the charter school shall
receive for each student enrolled the same funding as for each
non-special education student as provided in clause (2), plus an
additional amount determined by dividing the district of
residence's total special education expenditure by the product
of multiplying the combined percentage of section 2509.5(k)
times the district of residence's total average daily membership
for the prior school year. This amount shall be paid by the
district of residence of each student or, upon written request
of the charter school, by the department to the charter school
in which a Pennsylvania resident student is enrolled from any
allocation for basic education funding to which the school
district in which the student resides is entitled. The
department shall establish payment guidelines and notify the
school district of the receipt of a request for direct payment
by the department.
(4) A charter school may request the intermediate unit in
which the charter school is located to provide services to
assist the charter school to address the specific needs of
exceptional students. The intermediate unit shall assist the
charter school and bill the charter school for the services. The
intermediate unit may not charge the charter school more for any
service than it charges the constituent districts of the
intermediate unit.
(5) Payments shall be made to the charter school in twelve
(12) equal monthly payments, by the fifth day of each month,
within the operating school year, unless the charter school
receives direct payment from the department. A student enrolled
in a charter school shall be included in the average daily
membership of the student's district of residence for the
20090HB0012PN2504 - 32 -
purpose of providing basic education funding payments and
special education funding pursuant to Article XXV. If a school
district fails to make a payment to a charter school as
prescribed in this clause, the secretary shall deduct the
estimated amount, as documented by the charter school, from any
and all State payments made to the district after receipt of
documentation from the charter school.
(6) Within thirty (30) days after the secretary makes the
deduction described in clause (5) or if the charter school
receives direct payment from the department, a school district
may notify the secretary that the deduction made from State
payments to the district under this subsection is inaccurate.
The secretary shall provide the school district with an
opportunity to be heard concerning whether the charter school
documented that its students were enrolled in the charter
school, the period of time during which each student was
enrolled, the school district of residence of each student and
whether the amounts deducted from the school district were
accurate.
* * *
Section 19. Section 1728-A of the act is amended by adding a
subsection to read:
Section 1728-A. Annual Reports and Assessments.--* * *
(d) The department shall publish an annual report that does
all of the following:
(1) Identifies charter schools whose students are
academically out-performing comparable students enrolled in the
chartering school district.
(2) Describes best practices used in the charter schools
identified under clause (1) that should be disseminated to all
20090HB0012PN2504 - 33 -
school districts and charter schools.
(3) Makes any necessary recommendations to the General
Assembly to further the dissemination and implementation of the
best practices identified under clause (2).
Section 20. Section 1705-B(h) of the act, amended July 9,
2008 (P.L.846, No.61), is amended to read:
Section 1705-B. Education Empowerment Districts.--* * *
(h) (1) A school district under a declaration of distress
pursuant to section 691(a) and certified as an education
empowerment district shall be operated by a special board of
control established under section 692. A board of control
established under this section shall be abolished upon the
appointment of a special board of control under section 692.
(2) For a school district under a declaration of distress
pursuant to section 691(a) and certified as an education
empowerment district, the special board of control established
under section 692 shall have the powers and duties of a special
board of control under section 692 and the powers and duties
contained in section 1706-B.
(3) For a school district with a history of low test
performance that is certified as distressed for a minimum period
of two (2) years under sections 691 and 692, the department
shall waive the inclusion of the school district on the
education empowerment list under section 1703-B(a) and
immediately certify the school district as an education
empowerment district.
(4) The department may utilize up to $4,500,000 of
undistributed funds not expended, encumbered or committed from
appropriations for grants and subsidies made to the department
to assist school districts certified as an education empowerment
20090HB0012PN2504 - 34 -
district under paragraph (3). There is hereby established a
restricted account from which payments under this paragraph
shall be paid. Funds shall be transferred by the Secretary of
the Budget to the restricted account to the extent necessary to
make payments under this paragraph. Funds in the restricted
account are hereby appropriated to carry out the purposes of
this paragraph. The subsidy payment from this account shall be
utilized to supplement the operational budget of the eligible
school districts. This paragraph shall apply to fiscal years
2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005,
2005-2006, 2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010
and shall expire June 30, [2009] 2010.
Section 21. Section 1714-B of the act is amended by adding a
subsection to read:
Section 1714-B. Mandate Waiver Program.--* * *
(g.2) Any mandate waiver of section 751 shall be limited to
the extent the waiver recipient must solicit separate prime bids
and single prime bids and shall award the contract or contracts
to the lowest responsible bid option.
* * *
Section 22. Section 2002-B of the act, amended or added July
11, 2006 (P.L.1092, No.114) and July 9, 2008 (P.L.846, No.61),
is amended to read:
Section 2002-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Business firm." An entity authorized to do business in this
Commonwealth and subject to taxes imposed under Article III, IV,
VI, VII, VIII, IX or XV of the act of March 4, 1971 (P.L.6,
20090HB0012PN2504 - 35 -
No.2), known as the Tax Reform Code of 1971. This term includes
a pass-through entity.
"Contribution." A donation of cash, personal property or
services the value of which is the net cost of the donation to
the donor or the pro rata hourly wage, including benefits, of
the individual performing the services.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Educational improvement organization." A nonprofit entity
which:
(1) is exempt from Federal taxation under section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. § 1 et seq.); and
(2) contributes at least 80% of its annual receipts as
grants to a public school for innovative educational
programs.
For purposes of this definition, a nonprofit entity
"contributes" its annual cash receipts when it expends or
otherwise irrevocably encumbers those funds for expenditure
during the then current fiscal year of the nonprofit entity or
during the next succeeding fiscal year of the nonprofit entity.
"Eligible pre-kindergarten student." For participation in
the pre-kindergarten scholarship program, a student who is
enrolled in a pre-kindergarten program and is a member of a
household with an annual household income of not more than
[$50,000] $60,000. An income allowance of [$10,000] $12,000
shall be allowed for each eligible student and dependent member
of the household. The Department of Community and Economic
Development shall adjust the income amounts under this
definition on July 1 of each year to reflect any upward changes
20090HB0012PN2504 - 36 -
in the Consumer Price Index for All Urban Consumers (CPI-U) for
the Pennsylvania, New Jersey, Delaware and Maryland area in the
preceding 12 months, as calculated by the United States
Department of Labor, Bureau of Labor Statistics, and shall
immediately thereafter publish the adjusted amounts in the
Pennsylvania Bulletin.
"Eligible student." A school-age student who is enrolled in
a school and is a member of a household with an annual household
income of not more than [$50,000] $60,000. An income allowance
of [$10,000] $12,000 shall be allowed for each eligible student
and dependent member of the household. The Department of
Community and Economic Development shall adjust the income
amounts under this definition on July 1 of each year to reflect
any upward changes in the Consumer Price Index for All Urban
Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and
Maryland area in the preceding 12 months, as calculated by the
United States Department of Labor, Bureau of Labor Statistics,
and shall immediately thereafter publish the adjusted amounts in
the Pennsylvania Bulletin.
"Eligible student with a disability." A pre-kindergarten
student or a school age student:
(1) who is either enrolled in a special education
school, or has otherwise been identified, in accordance with
22 Pa. Code Ch. 14 (relating to special education services
and programs), as a "child with a disability," as defined in
34 CFR § 300.8 (relating to child with disability);
(2) who, by reason thereof, needs special education and
related services;
(3) who is enrolled in a pre-kindergarten program or in
a school; and
20090HB0012PN2504 - 37 -
(4) who is a member of a household with an annual
household income of not more than the maximum allowable
household income for students with a disability.
"Household." An individual living alone or with the
following: a spouse, parent and their unemancipated minor
children; and other unemancipated minor children who are related
by blood or marriage; or other adults or unemancipated minor
children living in the household who are dependent upon the
individual.
"Household income." All moneys or property received of
whatever nature and from whatever source derived. The term does
not include the following:
(1) Periodic payments for sickness and disability other
than regular wages received during a period of sickness or
disability.
(2) Disability, retirement or other payments arising
under workers' compensation acts, occupational disease acts
and similar legislation by any government.
(3) Payments commonly recognized as old-age or
retirement benefits paid to persons retired from service
after reaching a specific age or after a stated period of
employment.
(4) Payments commonly known as public assistance or
unemployment compensation payments by a governmental agency.
(5) Payments to reimburse actual expenses.
(6) Payments made by employers or labor unions for
programs covering hospitalization, sickness, disability or
death, supplemental unemployment benefits, strike benefits,
Social Security and retirement.
(7) Compensation received by United States servicemen
20090HB0012PN2504 - 38 -
serving in a combat zone.
"Innovative educational program." An advanced academic or
similar program that is not part of the regular academic program
of a public school but that enhances the curriculum or academic
program of the public school or provides pre-kindergarten
programs to public school students.
"Maximum allowable household income for students with a
disability." The maximum annual household income for eligible
students with a disability as calculated by multiplying the sum
of $60,000 plus the income allowance of $12,000 per dependent
member of the household by the applicable support level factor
according to the following table:
Support Level Support Level Factor
1 1.50
2 2.993
The Department of Community and Economic Development shall
adjust the income amounts under this definition on July 1 of
each year to reflect any upward changes in the Consumer Price
Index for All Urban Consumers (CPI-U) for the Pennsylvania, New
Jersey, Delaware and Maryland area in the preceding 12 months,
as calculated by the United States Department of Labor, Bureau
of Labor Statistics, and shall immediately thereafter publish
the adjusted amounts in the Pennsylvania Bulletin.
"Pass-through entity." A partnership as defined in section
301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the
Tax Reform Code of 1971, a single-member limited liability
company treated as a disregarded entity for Federal income tax
purposes or a Pennsylvania S corporation as defined in section
301(n.1) of the Tax Reform Code of 1971.
"Pre-kindergarten program." A program of instruction for
20090HB0012PN2504 - 39 -
three-year-old or four-year-old students that utilizes a
curriculum aligned with the curriculum of the school with which
it is affiliated and which provides a minimum of either:
(1) two hours of instructional and developmental
activities per day at least 60 days per school year; or
(2) two hours of instructional and developmental
activities per day at least 20 days over the summer recess.
"Pre-kindergarten scholarship organization." A nonprofit
entity which:
(1) either is exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. § 1 et seq.) or is operated as a separate
segregated fund by a scholarship organization that has been
qualified under section 2003-B; and
(2) contributes at least 80% of its annual cash receipts
to a pre-kindergarten scholarship program by expending or
otherwise irrevocably encumbering those funds for
distribution during the then current fiscal year of the
organization or during the next succeeding fiscal year of the
organization.
"Pre-kindergarten scholarship program." A program to provide
tuition to eligible pre-kindergarten students to attend a pre-
kindergarten program operated by or in conjunction with a school
located in this Commonwealth and that includes an application
and review process for the purpose of making awards to eligible
pre-kindergarten students and awards scholarships to eligible
pre-kindergarten students without limiting availability to only
students of one school.
"Public school." A public pre-kindergarten where compulsory
attendance requirements do not apply or a public kindergarten,
20090HB0012PN2504 - 40 -
elementary school or secondary school at which the compulsory
attendance requirements of this Commonwealth may be met and
which meets the applicable requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Scholarship organization." A nonprofit entity which:
(1) is exempt from Federal taxation under section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. § 1 et seq.); and
(2) contributes at least 80% of its annual cash receipts
to a scholarship program.
For purposes of this definition, a nonprofit entity
"contributes" its annual cash receipts to a scholarship program
when it expends or otherwise irrevocably encumbers those funds
for distribution during the then current fiscal year of the
nonprofit entity or during the next succeeding fiscal year of
the nonprofit entity.
"Scholarship program." A program to provide tuition to
eligible students to attend a school located in this
Commonwealth. A scholarship program must include an application
and review process for the purpose of making awards to eligible
students. The award of scholarships to eligible students shall
be made without limiting availability to only students of one
school.
"School." A public or nonpublic pre-kindergarten,
kindergarten, elementary school or secondary school at which the
compulsory attendance requirements of the Commonwealth may be
met and which meets the applicable requirements of Title VI of
the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"School age." Children from the earliest admission age to a
school's pre-kindergarten or kindergarten program or, when no
20090HB0012PN2504 - 41 -
pre-kindergarten or kindergarten program is provided, the
school's earliest admission age for beginners, until the end of
the school year the student attains 21 years of age or
graduation from high school, whichever occurs first.
"Special education school." A school or program within a
school that is designated specifically and exclusively for
students with any one or more of the disabilities listed in 34
CFR § 300.8 (relating to child with disability), and is:
(1) licensed under the act of January 28, 1988 (P.L.24,
No.11), known as the Private Academic Schools Act;
(2) accredited by an accrediting association approved by
the State Board of Education;
(3) a school for the blind or deaf receiving
Commonwealth appropriations; or
(4) operated by or under the authority of a bona fide
religious institution or by the Commonwealth or any political
subdivision thereof.
"Support level." The level of support needed by an eligible
student with a disability, as set forth in the following matrix:
Support Level 1 – The student is not enrolled in a
special education school.
Support Level 2 – The student is enrolled as a student in
a special education school.
Section 23. Section 2005-B(e) of the act, amended July 9,
2008 (P.L.846, No.61), is amended to read:
Section 2005-B. Tax credit.
* * *
(e) Pass-through entity.--
(1) If a pass-through entity [does not] does not intend
to use all approved tax credits under section 2005-B, it may
20090HB0012PN2504 - 42 -
elect in writing[, according to procedures established by the
Department of Revenue,] to transfer all or a portion of the
credit to shareholders, members or partners in proportion to
the share of the entity's distributive income to which the
shareholder, member or partner is entitled for use in the
taxable year in which the contribution is made or in the
taxable year immediately following the year in which the
contribution is made. The election shall designate the year
in which the transferred credits are to be used and shall be
made according to procedures established by the Department of
Revenue.
(2) A pass-through entity and a shareholder, member or
partner of a pass-through entity shall not claim the credit
under this section for the same contribution.
(3) [A shareholder, member or partner of a pass-through
entity to whom a credit is transferred under this section
shall immediately claim the credit in the taxable year in
which the transfer is made.] The shareholder, member or
partner may not carry forward, carry back, obtain a refund of
or sell or assign the credit.
* * *
Section 24. Section 2006-B(d) of the act, amended December
23, 2003 (P.L.304, No.48), is amended to read:
Section 2006-B. Limitations.
* * *
(d) Use.--A tax credit not used by the applicant in the
taxable year the contribution was made or in the year designated
by the shareholder, member or partner to whom the credit was
transferred under section 2005-B(e) may not be carried forward
or carried back and is not refundable or transferable.
20090HB0012PN2504 - 43 -
* * *
Section 25. Section 2002-C of the act, added July 11, 2006
(P.L.1092, No.114), is amended to read:
Section 2002-C. Duties of public institutions of higher
education.
(a) Completion.--Each public institution of higher education
shall complete all of the following by June 30, 2008:
(1) Participate in the development and implementation of
equivalency standards pursuant to section 2004-C(c)(1).
(2) Establish and maintain records and data detailing
the credits transferred to and received from other public
institutions of higher education as the department may
prescribe.
(3) Make any reasonable changes and modifications to its
foundation courses, including the strengthening of the
courses, to ensure equivalency of those credits among the
public institutions of higher education, as recommended by
the Transfer and Articulation Oversight Committee.
(4) Agree to accept for transfer foundation courses
determined to meet equivalency standards under section 2004-
C(c)(2).
(a.1) Completion of second phase.--Each public institution
of higher education shall agree to accept with full junior
standing the Associate of Arts and Associate of Science degree
into a parallel baccalaureate program as outlined in section
2004-C(c)(2.1), (2.2), (2.3) and (2.4) by the timelines
established by the transfer and articulation subcommittee but
not later than December 31, 2011. For the purposes of this
article, an Associate of Arts and Associate of Science degree is
a degree designed primarily for transfer to a baccalaureate
20090HB0012PN2504 - 44 -
institution and must contain a minimum of 60 credits.
(b) Reporting requirements.--
(1) A public institution of higher education shall
submit to the department a series of interim reports
outlining the actions that the public institution of higher
education has undertaken or intends to undertake to comply
with subsection (a), which shall be filed December 31, 2006,
June 30, 2007, and December 31, 2007.
(2) A public institution of higher education shall
submit to the department interim reports outlining the
actions that the public institution of higher education has
undertaken or intends to undertake to comply with subsection
(a.1), which shall be filed by December 31, 2009, June 30,
2010, and December 31, 2010.
Section 26. Section 2004-C(c) of the act is amended by
adding paragraphs to read:
Section 2004-C. Transfer and Articulation Oversight Committee.
* * *
(c) Duties of Transfer and Articulation Oversight
Committee.--The committee shall:
* * *
(2.1) By December 1, 2009, consult with the department
on a process and timeline, subject to approval by the
department, to identify the Associate of Arts and Associate
of Science degrees aligned with the graduation requirements
of the parallel baccalaureate degree in all public
institutions of higher education in consultation with faculty
and personnel.
(2.2) Identify Associate of Arts and Associate of
Science degree programs for transfer with full junior
20090HB0012PN2504 - 45 -
standing into a parallel baccalaureate degree in consultation
with faculty and personnel in those degree programs by
December 31, 2011.
(2.3) Identify modifications that may be required in
existing associate or baccalaureate degrees to satisfy
external accreditation or licensure requirements in
consultation with faculty and personnel. Approved
modifications must recognize all competencies attained within
either the associate or baccalaureate programs.
(2.4) Define requirements, in consultation with faculty
and personnel, for education degrees, including Early
Childhood Education degrees, leading to certification to be
included in an associate degree and be accepted for transfer
with full junior standing into a parallel baccalaureate
degree program.
* * *
Section 27. Section 2006-C of the act, added July 11, 2006
(P.L.1092, No.114), is amended to read:
Section 2006-C. Participation by independent institutions of
higher education or State-related [institution]
institutions.
(a) General rule.--An independent institution of higher
education or a State-related institution may elect to
participate through the adoption of equivalency standards as
provided for in subsection 2004-C(c)(1) and by agreement to
accept for transfer degrees that qualify under section 2004-C(c)
(2.2) by its governing body.
(b) Duties of State-related institutions.--
(1) No later than March 1, 2010, each State-related
institution shall identify 30 credit hours of course content
20090HB0012PN2504 - 46 -
from equivalent courses identified under this article that it
will accept from a student accepted for transfer from an
institution of higher education participating in this
article. A State-related institution shall count a course in
the same manner that it would count the same or equivalent
course if taken by a student at the State-related
institution.
(2) Each State-related institution shall make the
information identified in paragraph (1) available to the
department for posting on the department's publicly
accessible Internet website.
(3) Nothing in this section shall be construed to:
(i) Require a State-related institution to apply a
course to graduation or degree requirements if that
course or its equivalent course would not be applied to
graduation or degree requirements if taken at the State-
related institution.
(ii) Infringe on a State-related institution's sole
authority to accept a student for transfer, to determine
acceptance into a major, to determine the campus
assignment of such student or to determine how many and
which credit hours shall apply for the transfer student
toward the completion of a degree. The manner in which
accepted courses apply toward completion of a degree and
whether they are counted for general education, major or
free elective credit shall be subject to the requirements
established by the accepting State-related institution
for each individual major or program of study.
(iii) Prohibit a State-related institution's ability
to enter into discussions with the department to increase
20090HB0012PN2504 - 47 -
the number of credits pursuant to paragraph (1).
Section 28. The act is amended by adding a section to read:
Section 2318. State aid for 2009-2010.
(a) General rule.--Notwithstanding any other provision of
law, the following apply:
(1) Subject to paragraph (2), each library subject to
the act of June 14, 1961 (P.L.324, No.188), known as The
Library Code, that received a State aid allocation for fiscal
year 2008-2009 under section 2317 shall be eligible for State
aid in fiscal year 2009-2010.
(2) Any newly designated district library centers shall
be eligible for State aid in lieu of their predecessor
district library centers.
(b) Formula.--State aid under this section shall consist of
the following formula:
(1) Divide:
(i) the sum of the amount of funding that the
library received in fiscal year 2007-2008 under section
2316; by
(ii) the total State aid subsidy for fiscal year
2007-2008.
(2) Multiply:
(i) the quotient under paragraph (1); by
(ii) the total State aid subsidy for 2009-2010.
(c) State Librarian.--After distribution of State aid to
libraries under this section, any remaining unallocated funds
may be distributed at the discretion of the State Librarian.
(d) Local distribution.--
(1) Each library system receiving State aid under this
section may distribute the local library share of that aid in
20090HB0012PN2504 - 48 -
a manner as determined by the system board of directors.
(2) This subsection shall not apply to a library system
operating in a county of the second class.
(e) Waiver.--Upon application of the board of directors of a
local library, the State Librarian may waive any or all of the
provisions of section 104 of The Library Code. The application
must be in a form and manner as specified by the State Librarian
and must demonstrate that meeting the standards places an
economic hardship on the library.
Section 29. Section 2501(29) of the act, added July 9, 2008
(P.L.846, No.61), is amended and the section is amended by
adding clauses to read:
Section 2501. Definitions.--For the purposes of this article
the following terms shall have the following meanings:
* * *
(29) "Location Cost Metric." An index of geographic cost
differences for each county as published by the department on
its publicly accessible Internet website [on February 5, 2008]
in February of each year. The index shall be published in the
Pennsylvania Bulletin no later than thirty (30) days after the
effective date of this clause.
* * *
(31) "Special Education Average Daily Membership." Shall be
computed to determine the number of eligible students in each
school district in accordance with rules of procedure as
established by the Secretary of Education. For the purpose of
calculating the special education funding allocation under
section 2509.13, the computation shall be adjusted for each
level of instruction for eligible students as follows:
(i) Half-time prekindergarten and half-time kindergarten:
20090HB0012PN2504 - 49 -
0.50.
(ii) Full-time prekindergarten, full-time kindergarten and
prekindergarten or kindergarten level totaling full-time through
multiple placements: 1.00.
(iii) Elementary and secondary: 1.00.
(32) "Actual Special Education Spending." An amount equal to
a school district’s total annual expenditures for special
education in all functional classifications for students with
disabilities, as designated in the Manual of Accounting and
Related Financial Procedures for Pennsylvania School Systems.
(33) "Base Cost per Student." The cost of educating an
average student in Pennsylvania without special needs to meet
State performance expectations as originally determined in the
final revised Statewide Costing-out Study of 2007 performed
pursuant to section 2599.3 and as adjusted annually for the
fiscal year in the formula for basic education funding.
(34) "Eligible Student." A student with a disability
eligible for special education under Federal and State law.
(35) "Modified Special Education Average Daily Membership"
or "Modified SEADM." The sum of the following products:
(i) fifty-two one-hundredths (0.52) and the school
district’s special education average daily membership in the
funding year;
(ii) twenty-six one-hundredths (0.26) and the school
district’s special education average daily membership in the
school year prior to the funding year;
(iii) thirteen one-hundredths (0.13) and the school
district’s special education average daily membership two (2)
school years prior to the funding year;
(iv) six one-hundredths (0.06) and the school district's
20090HB0012PN2504 - 50 -
special education average daily membership three (3) school
years prior to the funding year; and
(v) three one-hundredths (0.03) and the school district's
special education average daily membership four (4) years prior
to the funding year.
(36) "Performance Indicators." Measurable annual objectives
established by the Department of Education pursuant to section
612(a)(15) of the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. § 1412(a)(15)), to assess progress
toward achieving State goals for the performance of eligible
students.
(37) "Public Notice." Full and timely release of information
and documents for public access at a minimum through publication
by the Department of Education:
(i) in the Pennsylvania Bulletin;
(ii) on its publicly accessible Internet website for no less
than a duration of twelve (12) months; and
(iii) through its timely issuance of a related Statewide
press release.
(38) "Regular Classroom." A classroom in a regular school
operated primarily for students who are not eligible for special
education.
(39) "Regular School." A neighborhood school, magnet school,
or other public school operated for all students, not solely
eligible students, in a school district.
(40) "Special Education Plan." A comprehensive plan as well
as revisions, updates and amendments for all special education
personnel, programs, services and supports provided by each
school district for eligible students, filed by each district
with the Department of Education under this act and other
20090HB0012PN2504 - 51 -
applicable Federal and State law, including 22 Pa. Code 14.104
(relating to special education plans).
(41) "Student Achievement." Outcomes for eligible students
as measured by academic performance whenever possible in the
general education curriculum, acquisition of knowledge and
skills, progress toward graduation, accomplishment of
individualized education program goals, including appropriate
functional skills, and other factors.
Section 30. Section 2502.48 of the act, added July 9, 2008
(P.L.846, No.61), is amended to read:
Section. 2502.48. Basic Education Funding for Student
Achievement.--(a) The Department of Education shall calculate a
base cost per student. For the 2007-2008 school year, the base
cost per student shall be eight thousand three dollars ($8,003),
increased by the 2008-2009 index. For the 2008-2009 school year
and each school year thereafter for which school districts
receive basic education funding under this section, the base
cost per student shall be the base cost per student of the prior
school year, increased by the index for the school year in which
funding will be paid.
(b) The Department of Education shall determine an adequacy
target for each school district by calculating the sum of the
following:
(1) A base cost determined by calculating the product of the
base cost per student and the school district's modified ADM.
(2) A poverty supplement determined by calculating the
product of:
(i) the base cost per student;
(ii) the number of students enrolled in the school district
on October 31 of the funding year who were eligible for free or
20090HB0012PN2504 - 52 -
reduced price meals under the school lunch program; and
(iii) forty-three one-hundredths (.43).
(3) A district size supplement determined by calculating the
maximum of zero and the product of:
(i) the base cost per student;
(ii) the school district's funding year average daily
membership; and
(iii) the sum of four hundred eighty-three one-thousandths
(.483) and the product of the natural logarithm of the school
district's funding year average daily membership and negative
five one-hundredths (-.05)[;].
(4) An English language learner supplement determined by
calculating the product of:
(i) the base cost per student;
(ii) the number of enrolled students identified as limited
English proficient in the funding year in the school district;
and
(iii) the sum of three and seven hundred fifty-three one-
thousandths (3.753) and the product of the natural logarithm of
the school district's funding year average daily membership and
negative twenty-three one-hundredths (-.23), provided that such
amount shall be no less than one and forty-eight one-hundredths
(1.48) and no greater than two and forty-three one-hundredths
(2.43).
(5) An adjustment for geographic price differences
calculated as follows:
(i) Add the amounts under paragraphs (1), (2), (3) and (4).
(ii) Multiply:
(A) the sum under subparagraph (i); by
(B) the school district's location cost metric or one (1),
20090HB0012PN2504 - 53 -
whichever is greater.
(iii) Subtract:
(A) the sum under subparagraph (i); from
(B) the product under subparagraph (ii).
(c) (1) The Department of Education shall determine a State
funding target for each school district by calculating the
product of:
(i) the difference between the school district's adequacy
target determined under subsection (b) and its actual spending
for the funding year, or zero, whichever is greater;
(ii) the school district's market value/income aid ratio for
the school year in which funding occurs; and
(iii) the lesser of one (1) and the school district's
funding year equalized millage divided by the equalized millage
that represents the seventy-fifth percentile of the equalized
millage of all school districts in the funding year.
(2) In furtherance of the General Assembly's long-standing
commitment to providing adequate funding that will ensure
equitable State and local investments in public education and in
order to enable students to attain applicable Federal and State
academic standards, it is the goal of this Commonwealth to
review and meet State funding targets by fiscal year 2013-2014.
(d) The Commonwealth shall pay to each school district a
basic education funding allocation for the 2007-2008 school year
which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2006-2007 school year under sections
2502.13(m), 2502.47 and 2504.4(a.3).
(2) If a school district has been declared a Commonwealth
partnership school district under Article XVII-B, an amount
20090HB0012PN2504 - 54 -
equal to four million dollars ($4,000,000).
(3) (i) For a school district with 2006-2007 equalized
millage that is greater than or equal to 24.7, which represents
the eightieth percentile of the equalized millage of all school
districts as of the effective date of this section, for the
2007-2008 school year, sixteen and seventy-five one hundredths
percent (16.75%) of the State funding target determined under
subsection (c).
(ii) For a school district with 2006-2007 equalized millage
that is less than 24.7, which represents the eightieth
percentile of the equalized millage of all school districts as
of the effective date of this section, for the 2007-2008 school
year, ten percent (10%) of the State funding target determined
under subsection (c).
(d.1) The Commonwealth shall pay to each school district a
basic education funding allocation which shall consist of the
following:
(1) An amount equal to the allocations received by the
school district for the 2007-2008 school year under subsections
(d)(1) and (2) and (e).
(1.1) An amount equal to any allocations received by the
school district in the 2008-2009 school year under sections
2599.2 and 1512-C. The amount shall be used for programs and
services as required under the section in which funding was
provided in the 2008-2009 school year. If insufficient funds are
appropriated to make Commonwealth payments pursuant to this
paragraph, such payments shall be made on a pro rata basis.
(1.2) An amount equal to any allocation received by the
school district in the 2008-2009 school year from the
appropriation for basic education formula enhancements included
20090HB0012PN2504 - 55 -
in a general appropriation bill.
(1.3) If a school district has been declared a Commonwealth
partnership school district under Article XVII-B, an amount
equal to two million dollars ($2,000,000).
(2) For the 2008-2009 school year:
(i) For a school district subject to subsection (d)(3)(i),
twenty-eight and ten one hundredths percent (28.10%) of the
State funding target determined under subsection (c).
(ii) For a school district subject to subsection (d)(3)(ii),
twenty-one and sixty-two one hundredths percent (21.62%) of the
State funding target determined under subsection (c).
(iii) Any additional amount required so that the total
amount provided under paragraph (1) and this paragraph equals
two percent (2%) greater than the amount provided under
subsections (d) and (e).
(e) The Department of Education shall provide additional
funding for the 2007-2008 school year to any school district
where the amount determined under subsection (d)(3) provides an
amount less than three percent (3%) of the amount determined
under subsection (d)(1). The amount of additional funding shall
be the amount required so that the sum of subsection (d)(3) and
this subsection equals three percent (3%) of the amount provided
under subsection (d)(1).
Section 31. Section 2502.49(b) of the act is amended by
adding a paragraph to read:
Section 2502.49. Accountability to Commonwealth Taxpayers.--
* * *
(b) The following shall apply:
* * *
(5) (i) The Department of Education may grant a waiver for
20090HB0012PN2504 - 56 -
the use of up to twenty-five percent (25%) of the funds subject
to subsection (a)(1) if all of the following apply:
(A) The school district would otherwise be required to
reduce or eliminate one or more of the programs listed in
subsection (a)(1) due to a projected budget shortfall.
(B) The funds subject to the waiver will be used to maintain
one or more existing programs listed under subsection (a)(1).
(C) The school district has, in the determination of the
Department of Education, pursued alternative opportunities for
greater efficiency and internal savings in order to fund the
program or programs without need for a waiver.
(D) The program or programs to be maintained address a
significant need of the school district's students and have
demonstrated effectiveness at increasing student achievement in
the school district, in the determination of the department.
(ii) The decision to grant a waiver shall be at the sole
discretion of the Department of Education and shall not be
subject to appeal.
(iii) This paragraph shall expire December 31, 2010.
Section 32. Section 2509.1 of the act is amended by adding a
subsection to read:
Section 2509.1. Payments to Intermediate Units.--* * *
(b.17) Up to $11,500,000 may be utilized for programs
administered and operated by intermediate units during the
2009-2010 school year for institutionalized children as
established in subsection (b.1).
Section 33. The act is amended by adding sections to read:
Section 2509.13. Special Education Funding for Student
Achievement and Instruction of Eligible Students in Regular
Classrooms.--(a) The Department of Education shall determine a
20090HB0012PN2504 - 57 -
special education adequacy target for each school district by
calculating the sum of the following:
(1) A special education supplement determined by calculating
the product of:
(i) the base cost per student;
(ii) the school district's Modified SEADM; and
(iii) one and thirty one-hundredths (1.3).
(2) An adjustment for geographic price differences
calculated as follows:
(i) Multiply the amount under clause (1) by the school
district's location cost metric or one (1), whichever is
greater.
(ii) Subtract the amount under clause (1) from the product
under subclause (i).
(b) The Department of Education shall determine a State
special education funding target for each school district by
calculating the product of:
(1) the difference between the school district's special
education adequacy target determined under subsection (a) and
its actual special education spending for the funding year, or
zero, whichever is greater;
(2) the school district's market value/personal income aid
ratio for the school year in which funding occurs;
(3) the lesser of one (1) and the school district's funding
year equalized millage divided by the equalized millage that
represents the seventy-fifth percentile of the equalized millage
of all school districts in the funding year; and
(4) one and fifteen one-hundredths (1.15) for school
districts meeting the following criteria:
(i) either providing instruction within the regular
20090HB0012PN2504 - 58 -
classroom at least eighty percent (80%) of the school day for at
least sixty-five percent (65%) of eligible students, as averaged
for the two (2) most recent school years for which data is
available, or increasing the number of eligible students
receiving instruction within the regular classroom by at least
fifteen percent (15%) in the most recent school year for which
data is available; and
(ii) in the most recent school year for which data is
available, performance by eligible students on State academic
assessments in reading and math, averaged for the entire
district, meeting State standards for adequate yearly progress
by any method approved by the Federal and State governments,
including, but not limited to, meeting the annual target, the
confidence interval, the safe harbor target, or by appeal.
Nothing in this subsection or any other provision of this act
alters Federal or State law regarding the right of an eligible
student to receive education in the least restrictive
environment or alters the legal authority of Individualized
Education Program (IEP) teams to make appropriate program and
placement decisions for eligible students in accordance with the
IEP developed for each eligible student.
(c) The Department of Education shall submit a report to the
Governor and General Assembly recommending increased standards
for the criteria in subsection (b)(4), and the General Assembly
shall consider legislation revising the criteria, in any year in
which seventy-five percent (75%) of all school districts meet
the criteria and qualify for the one and fifteen one-hundredths
(1.15) factor for funding.
(d) In furtherance of the General Assembly's commitment to
provide adequate special education funding that will ensure
20090HB0012PN2504 - 59 -
equitable State and local investments in special education in
public schools, and in order to enable eligible students to
attain applicable Federal and State academic standards and to be
educated in regular classrooms when appropriate, it is the goal
of the Commonwealth to review and meet State special education
funding targets by fiscal year 2014-2015.
(e) The Commonwealth shall pay to each school district a
special education funding allocation for the 2009-2010 school
year which shall consist of the sum of the following:
(1) an amount equal to the district's special education
funding allocation for the 2008-2009 school year under section
2509.5; and
(2) (i) For a school district with 2007-2008 equalized
millage that is greater than or equal to twenty-four (24), which
represents the eightieth percentile of the equalized millage of
all school districts as of the effective date of this section,
for the 2008-2009 school year, sixteen and seventy-five one-
hundredths percent (16.75%) of the State special education
funding target determined under subsection (b).
(ii) For a school district with 2007-2008 equalized millage
that is less than twenty-four (24), which represents the
eightieth percentile of the equalized millage of all school
districts as of the effective date of this section, for the
2008-2009 school year, ten percent (10%) of the State special
education funding target determined under subsection (b).
(f) The Department of Education shall provide additional
funding for the 2009-2010 school year to any school district
where the amount under subsection (e)(2) provides an amount less
than the percentage increase in the school district's special
education funding allocation for the 2008-2009 school year under
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section 2509.5. The amount of the additional funding shall be
the amount required so that the sum of subsection (e)(2) and
this subsection is at least equal to the percentage increase in
the school district's special education funding allocation for
the 2008-2009 school year under section 2509.5.
(g) During the 2009-2010 school year, if insufficient funds
are appropriated to school districts for payments under
subsection (e) or (f), each school district shall be paid the
amount it received during the 2008-2009 school year under
subsection (zz).
(h) (1) The Commonwealth shall appropriate additional
funding in each year for extraordinary special education program
expenses under section 2509.8. The appropriation for the fund
shall be at one and fifty one-hundredths percent (1.50%) of the
total of special education appropriations made pursuant to
subsection (e) and shall be made in addition to such total.
(2) The Department of Education shall utilize the fund to
provide resources needed:
(i) to partially meet extraordinary special education
expenses not anticipated through the special education funding
formula in this section for eligible students within the first
three (3) school years of eligibility for special education or
enrollment in a school district or charter school; and
(ii) to the extent that the resources of the fund are not
issued to meet the needs determined by subclause (i), to provide
resources for school districts or charter schools implementing
programs or services that serve as a model of excellence for
meeting high standards for student achievement through quality
special education.
(3) At least three-quarters of the fund shall be used for
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the purposes under clause (2)(i) and no more than one-quarter
shall be used for the purposes under clause (2)(ii).
(4) School districts or charter schools may apply for
resources through the fund pursuant to procedures established by
the Department of Education. The Department of Education shall
issue resources from the fund only in response to such
applications. The Department of Education shall give priority to
districts or charter schools with a relatively high percentage
of students in poverty, annually setting these criteria and
granting a higher percentage of the resources requested by such
districts or charter schools.
(5) The Department of Education shall issue a comprehensive
annual report documenting use of the fund to the Governor and
all members of the General Assembly, and shall give public
notice about such report.
(6) This subsection shall not apply in any year in which
subsection (g) applies.
(7) As used in this subsection, "extraordinary special
education expenses" are expenses that result from needs and
circumstances of an eligible student with significant
disabilities which are not ordinarily present in a typical
special education service and program delivery system and which
have costs exceeding the school district funding for special
education, in order to provide the student with an appropriate
education in the least restrictive environment.
Section 2509.14. Special Education Accountability to
Commonwealth Taxpayers.--(a) (1) The Department of Education
shall determine the form and manner in which school districts
shall submit a special education plan and revisions, updates and
amendments to the special education plan pursuant to this
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section. The special education plan shall be consistent with
other existing plans and reports required by the Department of
Education to the greatest extent possible, including those
required under 22 Pa. Code § 14.104 (relating to special
education plans). Special education plans shall be written in a
manner that is easy to use and understand by parents and the
public, including a general summary.
(2) The Department of Education shall:
(i) review the special education plans and revisions,
updates and amendments;
(ii) provide recommendations and technical assistance to
school districts;
(iii) approve or disapprove the plan within ninety (90)
calendar days of receipt; and
(iv) provide a written explanation when disapproving a plan.
(3) The Department of Education shall approve a special
education plan and revisions, updates and amendments that in the
determination of the department:
(i) meet the requirements of this section;
(ii) address the academic and developmental challenges for
eligible students identified in the school district's most
recent student achievement results and pursuant to performance
indicators, with specific focus on individual schools, grade
levels and populations of students that demonstrate inadequate
levels of student outcomes; and
(iii) describe programs and strategies that are most likely
to improve student outcomes in the school district.
(4) Upon disapproving a school district's special education
plan, update or revision submitted pursuant to this section, the
Department of Education shall withhold the portion of the annual
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State increase in special education funding which exceeds the
index until such a time as a written special education plan,
update or revision is approved.
(5) The Secretary of Education shall involve as appropriate
in special education monitoring, support, intervention,
technical assistance and special education plan review by the
Department of Education, the staff in relevant offices, bureaus
and divisions of the department, as well as staff in
intermediate units and consultants, and shall neither delegate
nor limit these functions solely to the Bureau of Special
Education. The Secretary of Education shall have the authority
to contract for additional assistance with intermediate units
and consultants for these purposes, so long as such contracts do
not create a conflict of interest or supplant existing service
or program obligations.
(b) (1) By September 15, 2009, and by April 15 of each year
thereafter, each school district receiving an increase in its
State special education funding allocation of more than the
index shall update its special education plan based on overall
circumstances, shall also revise the special education plan to
show in detail how the increase above the index will be used and
shall submit the updates and revisions to the Department of
Education for approval pursuant to subsection (a). Unless a
school district decides to amend its special education plan more
broadly to reflect the receipt of new funding or for other
reasons, the guidelines and regulations developed by the
Department of Education pursuant to this section for plan
updates or revisions shall allow a district to meet the
requirements of this section by adding the mandated information
as an appendix to the existing plan. The special education plan,
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update or revision shall document the challenges remaining and
progress made in addressing student needs and improving student
outcomes, shall be accompanied by a budget, timeline and
benchmarks for implementation, and shall incorporate other
existing plans and reports required by the Department of
Education to the greatest extent possible. The budget required
by this subsection shall be considered by the Department of
Education in evaluating the special education plan but is not
itself subject to approval or disapproval by the department.
(2) (i) Each school district receiving an increased
allocation above the index shall use these funds for one or more
research-based programs and supports that meet the following
basic criteria:
(A) expressly benefit eligible students educated in the
least restrictive environment in accordance with Federal and
State law;
(B) contribute to achievement of performance indicators; and
(C) are approved by the Department of Education in
guidelines issued by August 15, 2009, and by February 15 of each
year thereafter.
(ii) Department of Education guidelines for research-based
programs and supports meeting these basic criteria shall address
at least the following:
(A) curricula adaptation;
(B) co-teaching;
(C) assistive technology;
(D) school-wide positive behavior supports;
(E) supplementary aids and services;
(F) professional development;
(G) reading specialist services and supports;
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(H) reducing caseloads for special education teachers and
related services personnel; and
(I) placing and serving eligible students in regular
classrooms with supports in accordance with the Individualized
Education Program (IEP) developed for each eligible student.
(3) According to standards established by the Department of
Education, the special education plan, update or revision shall
document that the increased allocation above the index is used:
(i) for the purposes approved under clause (2);
(ii) to supplement and not supplant other resources; and
(iii) in ways that allow the school district to maintain its
effort for special education expenditures.
(c) Accountability for the effective use of resources to
meet student needs shall be provided in the following ways:
(1) The Department of Education shall issue to the General
Assembly a comprehensive annual report on special education
funding, special education plans, the implementation of 22 Pa.
Code § 14.104 and other special education accountability issues
for public school entities serving eligible students and this
Commonwealth.
(2) Upon disapproving a school district's special education
plan, update or revision, the Department of Education shall
withhold the portion of the annual State increase in special
education funding which exceeds the index until such a time as a
written special education plan, update or revision is approved
or conditionally approved.
(3) (i) The Department of Education shall:
(A) review and monitor implementation of all special
education plans, including, but not limited to, compliance with
subsection (b) and 22 Pa. Code § 14.104;
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(B) provide support, intervention and technical assistance
in school districts failing to meet student needs based on
performance indicators or failing to comply with subsection (b);
(C) identify at any time and at least annually all school
districts failing to adequately implement their special
education plans in compliance with Federal and State law,
failing to comply with subsection (b) or not making annual
progress to meet student needs based on performance indicators;
and
(D) determine whether to withhold up to five percent (5%) of
all State special education funding for school districts
identified pursuant to this clause while the identified problems
remain unresolved.
(ii) If the Department of Education determines that a school
district is making substantial progress toward resolving the
identified problems, it shall restore the withheld funding
retroactively and continue to monitor the district for an
additional two (2) years.
(4) To discourage the inappropriate over-identification of
children for special education, the Department of Education
shall automatically conduct a thorough review of the special
education plan of any school district where the ratio of its
special education average daily membership to its average daily
membership for all students in the most recent school year for
which data is available has increased by more than ten percent
(10%) over the previous year or of any district where the ratio
has increased by an annual average of more than five percent
(5%) during the most recent five (5) year period. Appropriate
remedial action, including withholding up to five percent (5%)
of all State special education funding, may be taken, unless the
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increase is determined to be justified by the Department of
Education after consultation with the school district.
(d) The Department of Education shall issue to any affected
school district a notice specifying the department's decisions
and actions pursuant to this section and the rationale for such
decisions and actions. A school district may file a written
complaint with the Secretary of Education about the Department
of Education's decisions and actions regarding that district
made pursuant to this section. The complaint must be submitted
to the Secretary of Education's office within thirty (30)
calendar days of the Department of Education's decision or
action or within thirty (30) calendar days of receiving the
notice, whichever is greater. The Secretary of Education shall
consider the complaint, consult with the school district and,
within thirty (30) calendar days after receiving the complaint,
issue a written decision addressing the concerns and claims made
in the complaint, explaining the judgment of the Department of
Education in response to these concerns and claims, and
specifying the opportunity for a subsequent hearing under 2
Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action) and 1 Pa. Code Part II
(relating to general rules of administrative practice and
procedure). If requested, the Department of Education shall then
convene a hearing within thirty (30) calendar days after the
receipt of a school district's hearing request following its
written complaint decision. The Department of Education shall
render a written hearing decision within thirty (30) calendar
days following the hearing.
(e) The Department of Education shall give public notice of
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the decisions, actions and reports made pursuant to this
section.
(f) Nothing in this section shall supersede or preempt any
provisions of a collective bargaining agreement between a school
entity and an employee organization in effect on the effective
date of this section.
Section 34. Any regulations of the Department of Education
that are inconsistent with the amendment of section 1209 of the
act are hereby abrogated to the extent of any inconsistency.
Section 35. Within 60 calendar days following the effective
date of this section, or within a different time period if
otherwise specified in this act, the Secretary of Education
shall propose regulations for promulgation by the State Board of
Education which implement the addition or amendment of sections
2501, 2509.13 and 2509.14 of the act.
Section 36. This act shall take effect as follows:
(1) The addition of section 528 of the act shall take
effect in 180 days.
(2) The amendment of section 1414.1 of the act shall
take effect in 90 days.
(3) The remainder of this act shall take effect
immediately.
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