Bill Text: PA HB298 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for special education services for nonpublic school students.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-09 - Referred to EDUCATION [HB298 Detail]

Download: Pennsylvania-2009-HB298-Introduced.html

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PRINTER'S NO. 321
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 298 Session of2009
INTRODUCED BY D. O'BRIEN, BARRAR, BELFANTI, BRENNAN, COHEN, DeLUCA, GOODMAN, HARHAI, HARKINS, HARPER, KAUFFMAN, MELIO, MURT, MUSTIO, MYERS, RAPP, REICHLEY, SABATINA, SIPTROTH, K. SMITH, TRUE, VULAKOVICH AND WALKO, FEBRUARY 9, 2009
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 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," providing for special education
services for nonpublic school students.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 922.2-A. Special Education Services for Nonpublic
School Students.--(a) Legislative Finding; Declaration of
Policy. The welfare of this Commonwealth requires that school
age children be assured ample opportunity to develop their
intellectual capacities to the fullest. Children attending
nonpublic schools have not been furnished special education
services on an equal basis with public school children. It is
the intent of the General Assembly to ensure that nonpublic
school children be afforded an equitable opportunity to receive
special education services.
(b) Definitions. The following terms, whenever used or
referred to in this section, shall have the following meanings,
except in those circumstances where the context clearly
indicates otherwise:
"Nonpublic school" means a nonprofit school, other than a
public school or an approved private school within this
Commonwealth wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this
act and which meets the applicable requirements of Title VI of
the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Special education services" means secular, neutral,
nonideological educational services and related services for
children with exceptionalities, as that term is defined in
section 1371.
(c) Program of Special Education Services. (1) To the
extent allowed by the level of funds appropriated by the General
Assembly to implement the provisions of this section, children
with exceptionalities attending nonpublic schools shall be
furnished a program of special education services which are
required by law to be offered to public school students in this
Commonwealth and which are appropriate to the needs of those
children. The program of special education services shall be
provided by the intermediate unit in which the nonpublic school
is located, in accordance with standards of the Secretary of
Education.
(2) Such services shall be provided directly to the
nonpublic school students by the intermediate unit in the
schools which the students attend, in mobile instructional units
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located on the grounds of such schools or in any alternative
setting mutually agreed upon by the school and the intermediate
unit, to the extent permitted by the Constitution of the United
States and the Constitution of Pennsylvania.
(3) Such special education services may be provided directly
by the intermediate units or through agreements between the
intermediate units and school districts or qualified private
service providers, but may not be provided by nonpublic school
employes.
(4) School districts may also, at their option, provide such
services to resident students attending nonpublic schools or
place children in need of such services in nonpublic schools at
school district expense.
(d) School District Responsibilities. Nothing in this
section shall relieve any school district of any
responsibilities, under Federal or State law, to identify,
locate or evaluate any nonpublic school student who is in need
of special education services. School districts may fulfill such
responsibilities directly or by agreement with an intermediate
unit.
(e) Intermediate Unit Responsibilities. (1) Intermediate
units shall be responsible for designing and implementing
appropriate individualized education programs for children with
exceptionalities who attend nonpublic schools. The Secretary of
Education shall prescribe standards establishing procedures for
the development, review and revision of appropriate special
education programs for such children, which standards shall
include required timely and meaningful consultation with a
representative of the nonpublic school which the child to be
served attends regarding the child's secular educational needs.
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(2) The required consultation shall occur before the
intermediate unit makes any decision that affects the
opportunities of nonpublic school children to participate in the
services provided under this section, and shall include, at a
minimum: which children shall receive services; what services
will be provided; how and where the services will be provided;
and how the services provided will be evaluated.
(f) Appropriations. (1) From the Federal funds received by
the Commonwealth for special education services, the Secretary
of Education shall allocate to intermediate units a proportion
equal to the percentage of children with exceptionalities who
attend nonpublic schools in this Commonwealth. Said funds shall
be combined with State funds appropriated by the Commonwealth
and utilized by the intermediate units for purposes of providing
special education services under this section.
(2) Appropriations of Federal and State funds made by the
Commonwealth under this section shall be allocated by the
Secretary of Education to each intermediate unit based upon the
number of nonpublic school children within that intermediate
unit who are in need of special education services.
(g) Limitations on Expenditure. The intermediate unit shall
not use more than six per centum (6%) of the funds it receives
under this section for administrative expenses. The Department
of Education shall not use more than one per centum (1%) of the
funds it allocates under this section for administrative
expenses. If all funds allocated by the intermediate units to
administration are not expended for those purposes, such funds
may be used for program costs under this section.
(h) Interest. There shall be no adjustment in the allocation
as provided in subsection (f) because of interest earned on the
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allocations by the intermediate units. Interest so earned shall
be used for the purpose of this section but shall not be subject
to the limitations of subsection (g).
(i) Budgets. Annually, each intermediate unit shall submit
to the Secretary of Education a preliminary budget for services
to be provided under this section on or before January 31 and a
final budget on or before June 15 for the succeeding year, and
shall file a final financial report on or before October 31 for
the preceding year.
(j) Limitations on Regulations. (1) Nothing in this section
shall be construed to authorize any additional regulations,
requirements or limitations upon nonpublic schools which are not
otherwise authorized by law.
(2) No nonpublic school may be compelled to accept or to
enroll children with exceptionalities if the school:
(i) is not structured or equipped to meet the special needs
of the student;
(ii) does not offer educational programs appropriate to the
special needs of the student; or
(iii) does not offer a particular program requested.
(3) The providing of special education services to children
under this section shall not be considered to be appropriations
or financial assistance to the nonpublic school which the child
attends.
Section 2. This act shall take effect in 60 days.
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