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PRIOR PRINTER'S NOS. 249, 1226, 1307 PRINTER'S NO. 1310
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 315
Session of
2025
INTRODUCED BY CULVER, BROWN, PENNYCUICK, FONTANA, COSTA,
TARTAGLIONE, STEFANO, SCHWANK, DUSH, L. WILLIAMS, FARRY AND
MALONE, FEBRUARY 26, 2025
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, NOVEMBER 12, 2025
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 certification of teachers,
providing for assessment of basic skills; in pupils and
attendance, further providing for exceptional children and
education and training; in school safety and security,
further providing for School Safety and Security Grant
Program and providing for school safety and mental health
grants for 2025-2026 school year; in Drug and Alcohol
Recovery High School Program, further providing for scope of
program and selection of students and for enrollment of
students; in charter schools, further providing for funding
for cyber charter schools; in career and technical education,
further providing for career and technical education
equipment grants; in community colleges, further providing
for financial program and reimbursement of payments; in State
colleges, further providing for powers and duties of State
Board of Higher Education, for definitions, for Performance-
based Funding Council and for public institution of higher
education reporting, establishing the State-related
University Performance Fund and providing for performance-
based funding formula and for public accountability; in
funding for public libraries, providing for State Aid for
Fiscal Year 2025-2026; in reimbursement by Commonwealth and
between school districts, further providing for student-
weighted basic education funding beginning with 2023-2024
school year, for assistance to school districts declared to
be in financial recovery status or identified for financial
watch status and for Ready-to-Learn Block Grant; and, in
construction and renovation of buildings by school entities,
further providing for applicability.
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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 PRELIMINARY PROVISIONS, FURTHER
PROVIDING FOR SPECIAL EDUCATION FUNDING COMMISSION AND FOR
MINIMUM NUMBER OF DAYS OR HOURS; IN DUTIES AND POWERS OF
BOARDS OF SCHOOL DIRECTORS, PROVIDING FOR ADMISSION FEES FOR
SCHOOL-SPONSORED ACTIVITIES; IN INTERMEDIATE UNITS, FURTHER
PROVIDING FOR STAFF; IN CERTIFICATION OF TEACHERS, FURTHER
PROVIDING FOR CERTIFICATES QUALIFYING PERSONS TO TEACH AND
FOR INSTRUCTIONAL CERTIFICATE GRADE SPANS AND AGE LEVELS AND
DUTIES OF DEPARTMENT, PROVIDING FOR INSTRUCTIONAL CERTIFICATE
GRADE SPANS AND AGE LEVELS AND FOR STATE CERTIFICATE FEE
REDUCTION, FURTHER PROVIDING FOR STANDARD EMPLOYMENT
APPLICATION, FOR CAREER AND TECHNICAL INSTRUCTIONAL
CERTIFICATE, FOR PROGRAM OF CONTINUING PROFESSIONAL AND
PARAPROFESSIONAL EDUCATION AND FOR POSTBACCALAUREATE
CERTIFICATION, PROVIDING FOR ASSESSMENT OF BASIC SKILLS,
FURTHER PROVIDING FOR PROFESSIONAL EDUCATOR DISCIPLINE FEE
AND PROVIDING FOR CAREER AND TECHNICAL ADMINISTRATIVE
DIRECTOR CERTIFICATION FLEXIBILITY; IN PUPILS AND ATTENDANCE,
FURTHER PROVIDING FOR ATTENDANCE POLICY AT CHARTER, REGIONAL
CHARTER AND CYBER CHARTER SCHOOLS, FOR PROCEDURE WHEN CHILD
IS TRUANT, FOR PROCEDURE BY SCHOOL WHEN CHILD HABITUALLY
TRUANT, FOR PROCEDURE UPON FILING OF CITATION, FOR PENALTIES
FOR VIOLATING COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS AND
FOR STUDY OF TRUANCY PROCEDURE, PROVIDING FOR DEPARTMENT
SUPPORTS TO PREVENT TRUANCY AND FURTHER PROVIDING FOR REPORTS
TO SUPERINTENDENT OF PUBLIC INSTRUCTION AND FOR EXCEPTIONAL
CHILDREN AND EDUCATION AND TRAINING; IN STUDENT SUPPORTS,
FURTHER PROVIDING FOR DEFINITIONS; IN SCHOOL SAFETY AND
SECURITY, FURTHER PROVIDING FOR DEFINITIONS, FOR SCHOOL
SAFETY AND SECURITY COMMITTEE, FOR SCHOOL SAFETY AND SECURITY
ASSESSMENT PROVIDERS, FOR SCHOOL SAFETY AND SECURITY GRANT
PROGRAM, FOR SCHOOL SAFETY AND SECURITY COORDINATOR AND FOR
SCHOOL SAFETY AND SECURITY TRAINING, PROVIDING FOR SCHOOL
SAFETY AND MENTAL HEALTH GRANTS FOR 2025-2026 SCHOOL YEAR AND
FURTHER PROVIDING FOR REPORTING AND MEMORANDUM OF
UNDERSTANDING; IN SCHOOL SECURITY, FURTHER PROVIDING FOR
TRAINING, FOR SCHOOL RESOURCE OFFICERS, FOR SCHOOL SECURITY
GUARDS AND FOR DUTIES OF COMMISSION; IN SAFE2SAY PROGRAM,
FURTHER PROVIDING FOR INTENT, FOR DEFINITIONS, FOR SAFE2SAY
PROGRAM AND FOR ANNUAL REPORT; IN THREAT ASSESSMENT, FURTHER
PROVIDING FOR DEFINITIONS, FOR THREAT ASSESSMENT TEAMS AND
FOR THREAT ASSESSMENT GUIDELINES, TRAINING AND INFORMATION
MATERIALS; IN DRUG AND ALCOHOL RECOVERY HIGH SCHOOL PROGRAM,
FURTHER PROVIDING FOR SCOPE OF PROGRAM AND SELECTION OF
STUDENTS AND FOR ENROLLMENT OF STUDENTS; IN EVIDENCE-BASED
READING INSTRUCTION, FURTHER PROVIDING FOR DEFINITIONS AND
PROVIDING FOR SCHOOL ENTITY DUTIES RELATED TO EVIDENCE-BASED
READING INSTRUCTION, FOR SCHOOL ENTITY DUTIES RELATED TO
READING SCREENING, FOR READING DEFICIENCY IDENTIFICATION AND
PARENTAL NOTIFICATION, FOR READING INTERVENTION PLANS, FOR
GRANT PROGRAM, FOR FUNDING, FOR REPORTING, FOR ACCOUNTABILITY
AND FOR CONSTRUCTION; IN HIGH SCHOOLS, FURTHER PROVIDING FOR
ATTENDANCE IN OTHER DISTRICTS AND PROVIDING FOR FREE
APPLICATION FOR FEDERAL STUDENT AID; IN INTERSCHOLASTIC
ATHLETICS ACCOUNTABILITY, FURTHER PROVIDING FOR COUNCIL
RECOMMENDATIONS AND STANDARDS; IN CHARTER SCHOOLS, FURTHER
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PROVIDING FOR FUNDING FOR CYBER CHARTER SCHOOLS, FOR
ENROLLMENT AND NOTIFICATION AND FOR ENROLLEE WELLNESS CHECKS;
IN CAREER AND TECHNICAL EDUCATION, FURTHER PROVIDING FOR
CAPITAL RESERVE FUND FOR APPROVED PURCHASES OF EQUIPMENT AND
FACILITY MAINTENANCE, FOR CAREER AND TECHNICAL EDUCATION
EQUIPMENT GRANTS, FOR COSMETOLOGY TRAINING THROUGH CAREER AND
TECHNICAL CENTER PILOT PROGRAM AND FOR BARBER TRAINING
THROUGH CAREER AND TECHNICAL CENTER PILOT PROGRAM; PROVIDING
FOR NURSING SHORTAGE ASSISTANCE PROGRAM; IN COMMUNITY
COLLEGES, FURTHER PROVIDING FOR FINANCIAL PROGRAM AND
REIMBURSEMENT OF PAYMENTS; IN THE STATE SYSTEM OF HIGHER
EDUCATION, FURTHER PROVIDING FOR DEFINITIONS AND FOR GROW
PENNSYLVANIA MERIT SCHOLARSHIP PROGRAM; IN EDUCATIONAL TAX
CREDITS, FURTHER PROVIDING FOR LIMITATIONS; IN HIGHER
EDUCATION ACCOUNTABILITY AND TRANSPARENCY, FURTHER PROVIDING
FOR EXIT COUNSELING; IN MISCELLANEOUS PROVISIONS RELATING TO
INSTITUTIONS OF HIGHER EDUCATION, REPEALING PROVISIONS
RELATING TO STATE-RELATED UNIVERSITY PERFORMANCE-BASED
FUNDING MODEL, FURTHER PROVIDING FOR PROHIBITION ON
SCHOLARSHIP DISPLACEMENT AT PUBLIC INSTITUTIONS OF HIGHER
EDUCATION AND PROVIDING FOR COOPERATION AND FOR STATE
SCHOLARSHIP RENEWALS; IN INSTITUTIONS OF HIGHER EDUCATION,
FURTHER PROVIDING FOR POWERS AND DUTIES OF STATE BOARD OF
HIGHER EDUCATION, FOR DEFINITIONS, FOR PERFORMANCE-BASED
FUNDING COUNCIL AND FOR PUBLIC INSTITUTION OF HIGHER
EDUCATION REPORTING, PROVIDING FOR STATE-RELATED UNIVERSITY
PERFORMANCE FUND, FOR PERFORMANCE-BASED FUNDING FORMULA AND
FOR PUBLIC ACCOUNTABILITY AND FURTHER PROVIDING FOR AGENCY
DUTIES, FOR GRANT PRIORITY AND FOR REPORT; IN READY-TO-
SUCCEED SCHOLARSHIP, FURTHER PROVIDING FOR AGENCY; IN FUNDING
FOR PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR FISCAL YEAR
2025-2026; IN REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN
SCHOOL DISTRICTS, FURTHER PROVIDING FOR STUDENT-WEIGHTED
BASIC EDUCATION FUNDING BEGINNING WITH 2023-2024 SCHOOL YEAR,
FOR EXTRAORDINARY SPECIAL EDUCATION PROGRAM EXPENSES, FOR
ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL
RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL WATCH STATUS AND
FOR READY-TO-LEARN BLOCK GRANT; IN CONSTRUCTION AND
RENOVATION OF BUILDINGS BY SCHOOL ENTITIES, FURTHER PROVIDING
FOR APPLICABILITY; ABROGATING REGULATIONS; AND MAKING AN
EDITORIAL CHANGE.
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 1207.5. Assessment of Basic Skills.--An assessment
of basic skills as defined in 22 Pa. Code § 49.1 (relating to
definitions) shall not be permitted for admission into a
Commonwealth educator preparation program or required for
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issuance by the Department of Education for a certificate type
or area, including an instructional, career and technical,
education specialist, intern or administrative certificate.
Section 2. Section 1372(8) of the act is amended by adding a
subparagraph to read:
Section 1372. Exceptional Children; Education and
Training.--* * *
(8) Reporting of Expenditures Relating to Exceptional
Students.
* * *
(vi) For purposes of reporting expenditures under this
section and for calculating the costs for educating a special
education student, costs shall be in accordance with Department
of Education guidance and shall include the following:
(A) Eligible instruction costs per special education student
when specified in the student's individualized education plan
shall include:
(I) Prorated salary and benefits for a classroom special
education teacher.
(II) Prorated salary and benefits for a classroom aide, if
the aide is assigned to a group of students.
(III) Total cost of salary and benefits if a
paraprofessional or one-on-one aide is assigned to the student.
(B) Eligible related services costs per special education
student when specified in the student's individualized education
plan shall include:
(I) Prorated transportation cost if the vehicle is
transporting multiple students at one time.
(II) Total transportation cost if the vehicle is
transporting only the student receiving services.
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(III) Prorated cost of speech and language services if
services are provided to a group of students.
(IV) Total cost of speech and language services if services
are provided to the student receiving services.
(V) Total cost of individual services, including
occupational therapy, physical therapy, vision services, hearing
services, orientation and mobility and related services.
(VI) Prorated cost of school nursing services if services
are provided to a group of students.
(VII) Total cost of a one-on-one nurse if the nurse is
assigned to a student receiving services.
(C) Eligible specialized equipment costs per special
education student when specified in the student's individualized
education plan shall include:
(I) Total cost of braille materials for the student
receiving services.
(II) Total cost of assistive technology for the student
receiving services.
(III) Total cost of other equipment for the student
receiving services.
(D) Ineligible costs that may not be used in the calculation
include:
(I) Administrative costs.
(II) Nonspecialized transportation costs.
(III) General education costs, which are not applicable to
special education services.
Section 3. Section 1306-B(h) of the act is amended by adding
a paragraph to read:
Section 1306-B. School Safety and Security Grant Program.
* * *
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(h) School Safety and Security Fund.--
* * *
(14) Notwithstanding any other provision of law, during
the 2025-2026 fiscal year, money in the fund shall be used as
follows:
(i) One hundred million dollars shall be used for
school safety and mental health grants under section
1314.2-B.
(ii) Twenty million seven hundred thousand dollars
shall be used for targeted school safety grants under
section 1306.1-B.
* * *
Section 4. The act is amended by adding a section to read:
Section 1314.2-B. School safety and mental health grants for
2025-2026 school year.
(a) Funding.--For the 2025-2026 school year, the money under
section 1306-B(h)(14)(i) shall be used by the committee to award
school safety and mental health grants to school entities in
accordance with this section.
(b) Purpose of grants.--
(1) A school entity shall be eligible for school safety
and mental health grants to meet the level 1 baseline
criteria for physical security or behavioral health and
school climate criteria established by the committee.
(2) If a school entity has met the level 1 baseline
criteria for physical security, the school entity shall be
eligible to expend funding for activities outlined in section
1306-B(j)(1), (2), (3), (4), (5), (7), (8), (9), (11), (12),
(13), (14), (16), (18), (22) and (23).
(3) If a school entity has met the level 1 baseline
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criteria for behavioral health and school climate, the school
entity shall be eligible to expend funding for activities
outlined in section 1306-B(j)(6), (10), (15), (17), (19),
(20), (21), (23), (24), (25), (26), (27), (28), (29), (30)
and (31).
(c) Amount of grants.--The committee shall award school
safety and mental health grants to each school entity that
submits an application in the following amounts:
(1) A school district shall receive:
(i) $100,000; and
(ii) the amount determined under paragraph (3).
(2) An intermediate unit, area career and technical
school, charter school, regional charter school and cyber
charter school shall receive $70,000.
(3) An amount determined as follows:
(i) Multiply the 2023-2024 adjusted average daily
membership for each school district by the difference
between the amount allocated in subsection (a) and the
sum of the amounts distributed under paragraphs (1) and
(2).
(ii) Divide the product from subparagraph (i) by the
2023-2024 adjusted average daily membership for all
school districts.
(d) Availability of applications.--The committee shall make
an application for grants under this section available to school
entities no later than 45 days after the effective date of this
subsection. The application requirements shall be limited to the
school entity's contact information, the specific purpose of the
grant based upon the categories specified in subsection (b),
with boxes on the application for the applicant to indicate the
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school entity's anticipated use and certification by the
applicant that the money will be used for the stated purpose.
(e) Effect of revenue received.--Grant money received under
this section may not be included when calculating the amount to
be paid under section 1725-A.
(f) Audit and monitoring.--The committee shall randomly
audit and monitor grant recipients to ensure the appropriate use
of grant money and compliance with provisions of the grant
program.
(g) Definitions.--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:
"School entity." A school district, area career and
technical school, intermediate unit, charter school, regional
charter school and cyber charter school.
Section 5. Sections 1403-A(a) and 1403.1-A(a)(2) of the act
are amended to read:
Section 1403-A. Scope of program and selection of students.
(a) Maximum participation.--
(1) Beginning in the 2017-2018 school year, a maximum of
20 students in grades 9 through 12 may be enrolled in the
recovery high school under the program at any one time.
(2) Beginning in the 2025-2026 school year, a maximum of
35 students in grades 9 through 12 may be enrolled in the
recovery high school under the program at any one time.
* * *
Section 1403.1-A. Enrollment of students.
(a) Conditions.--A student may enroll in the recovery high
school under the program established in section 1402-A if the
following apply:
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* * *
(2) If fewer than [20 students] the maximum number of
students that may be enrolled under subsection 1403-A
residing in a school district of the first class enroll in
the recovery high school under the program at any time, a
student who resides in a school district other than a school
district of the first class may enroll in the recovery high
school under the program if the student's parent or guardian
has applied for enrollment in the recovery high school on the
student's behalf.
* * *
Section 5.1. Section 1725.1-A of the act, added July 11,
2024 (P.L.618, No.55), is amended to read:
Section 1725.1-A. Funding for Cyber Charter Schools.--(a)
There shall be no tuition charge for a resident or nonresident
student attending a cyber charter school.
(b) Notwithstanding [section 1725-A(a)(3)] section 1725-A(a)
(2) and (3), per-student funding amounts for non-special
education students and special education students attending a
cyber charter school shall be calculated in accordance with this
section and shall be paid by the school district of residence of
each student.
(c) Effective January 1, 2025, [and the entirety of each
school year thereafter] through the end of the 2024-2025 school
year, for special education students, a cyber charter school
shall receive for each student enrolled the lesser of:
(1) the amount calculated under section 1725-A(a)(3); or
(2) the same funding as for each non-special education
student as provided in section 1725-A(a)(2), plus an additional
amount determined by dividing the district of residence's total
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special education expenditure by the school district of
residence's total special education average daily membership for
the prior school year.
(d) For the 2024-2025 school year, the monthly payments for
July through December for special education students shall be
based upon the rate calculated under section 1725-A(a)(3) and
the monthly payments for January through June for special
education students shall be based upon the rate calculated in
subsection (c).
(e) For the 2025-2026 school year and each school year
thereafter, for non-special education students, a cyber charter
school shall receive for each student enrolled an amount
calculated as follows:
(1) The amount under section 1725-A(a)(2) adjusted as
follows:
(i) The budgeted expenditures of the school district shall
include the following additional deductions: tuition paid to
cyber charter schools for non-special education students; tax
assessment and collection services; sixty per centum of student
activities; and sixty per centum of operations and maintenance
of plant services.
(ii) The average daily membership of the school district for
students enrolled in a cyber charter school shall be deducted
from the average daily membership of the school district.
(2) Multiply the amount determined under paragraph (1) by
the following:
(i) For a school district of the first class A, the lesser
of one (1) or the amount determined under section 2502.56(d)(2)
(ii) for the school district for the most recent year available
as of the first day of June preceding the school year for which
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the per-student funding amounts apply.
(ii) For all other school districts, one (1).
(f) For the 2025-2026 school year and each school year
thereafter, for special education students, a cyber charter
school shall receive for each student enrolled the lesser of:
(1) the same funding as for each non-special education
student as provided in section 1725-A(a)(2), plus an additional
amount determined by dividing the school district of residence's
total special education expenditure by the school district of
residence's total special education average daily membership for
the prior school year; or
(2) the amount determined under subsection (e) for the
school district multiplied by one and eighty-nine hundredths
(1.89).
(g) Notwithstanding section 1725-A(a)(5), payments shall be
made to the cyber charter school in twelve (12) equal monthly
payments, by the fifth day of each month, within the operating
school year. A student enrolled in a cyber charter school shall
be included in the average daily membership of the student's
school district of residence for the 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 cyber charter school as prescribed in this
subsection, the secretary shall deduct the estimated amount, as
documented by the cyber charter school using the most recently
available per-student amounts posted under section 1725-A(a)(7),
from any and all State payments made to the district after
receipt of documentation from the cyber charter school. The
secretary shall not make a deduction on behalf of a cyber
charter school unless the documentation from the cyber charter
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school uses the per-student amount that is posted under section
1725-A(a)(7). No later than October 1 of each year, a cyber
charter school shall submit to the school district of residence
of each student final documentation of payment to be made using
the per-student amounts posted under 1725-A(a)(7) and the
average daily membership for the students enrolled in the cyber
charter school from the school district for the previous school
year. If a school district fails to make payment to the cyber
charter school, the secretary shall deduct and pay the amount as
documented by the cyber charter school using the per-student
amounts reported under section 1725-A(a)(7) from any and all
State payments made to the school district after receipt of
documentation from the cyber charter school from the
appropriations for the fiscal year in which the final
documentation of payment was submitted to the school district of
residence.
(h) Notwithstanding section 1725-A(a)(6), not later than
thirty (30) days after the secretary makes the deduction
described in subsection (g), a school district may notify the
secretary that the deduction made from State payments to the
school district under this subsection is inaccurate. The
secretary shall provide the school district with an opportunity
to be heard concerning whether the cyber charter school
documented that its students were enrolled in the cyber 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 6. Section 1855 of the act is amended by adding a
subsection to read:
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Section 1855. Career and Technical Education Equipment
Grants.--* * *
(f.1) The Department of Education shall use data for the
calculations required under this section based on the most
recent years for which data is available, as determined by the
Department of Education, and shall fix the data as of the first
day of June preceding the school year in which the allocation
occurs. If the data based on the first day of June is found by
the Department of Education to be incorrect, the Department of
Education shall revise the calculations accordingly.
* * *
Section 7. Section 1913-A(b)(1.6) of the act is amended by
adding a subclause to read:
Section 1913-A. Financial Program; Reimbursement of
Payments.--* * *
(b) * * *
(1.6) For the 2006-2007 fiscal year and each fiscal year
thereafter, the payment for a community college shall consist of
the following:
* * *
(xxi) For fiscal year 2025-2026, each community college
shall receive an amount equal to the following:
(A) An amount equal to the reimbursement received in fiscal
year 2024-2025 under subclauses (xix)(A) and (C) and (xx).
(B) An amount equal to the economic development stipend
received in fiscal year 2024-2025 under subclause (xix)(B).
* * *
Section 8. Section 2011-L(c)(6) of the act, added July 17,
2024 (P.L.818, No.69), is amended to read:
Section 2011-L. Powers and duties of State Board of Higher
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Education.
* * *
(c) Duties.--The board shall perform all duties appropriate
to carry out and effectuate the board's purposes under this
article, including, but not limited to:
* * *
[(6) Establish the council to carry out the purposes of
Subarticle C.]
* * *
Section 9. Section 2031-L of the act is amended by adding
definitions to read:
Section 2031-L. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Council." The Performance-based Funding Council established
and reconstituted under section 2032-L.
"Department." The Department of Education of the
Commonwealth.
"Fund." The State-related University Performance Fund
established under section 2034-L.
"High-demand degree." A bachelor's degree that is aligned
with the in-demand occupations in the Grow Pennsylvania
Scholarship Grant Program under Subarticle D.
"Higher education price index." The average total cost of
attendance for colleges and universities nationally, determined
by the council in consultation with the department, using
publicly available data, including information published by the
CommonFund Institute.
"Low-matriculation high school." A public high school in
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this Commonwealth determined to have a college matriculation
rate less than or equal to 40%.
"Short-term workforce demand projection." The sum of all
Statewide short-term projected job openings, as published by the
Department of Labor and Industry, in occupations that require at
least a bachelor's degree and align with the in-demand
occupations in the Grow Pennsylvania Scholarship Grant Program
under Subarticle D.
* * *
Section 10. Section 2032-L(a), (c), (d), (e), (i) and (l) of
the act, added July 17, 2024 (P.L.960, No.90), are amended and
the section is amended by adding subsections to read:
Section 2032-L. Performance-based Funding Council.
(a) Purpose.--The Performance-based Funding Council [is
established and] shall [develop]:
(1) Develop a process to distribute funding to the
State-related universities. The process shall utilize
performance-based metrics designed to increase degree
attainment, encourage affordability in higher education, meet
workforce needs and grow the economy.
(2) Oversee the performance-based funding formula by
assigning performance goals and weights.
(3) Make legislative recommendations to the Governor and
the General Assembly regarding the performance-based funding
formula.
(a.1) Establishment and reconstitution.--
(1) The Performance-based Funding Council is
established.
(2) The council shall be reconstituted on the effective
date of this subsection.
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* * *
(c) Membership.--
(1) The council shall consist of voting members
appointed under paragraph (2) and nonvoting members, who
shall serve in an advisory role, described under paragraph
(3).
(2) The voting members of the council shall consist of
the following members [of the State Board of Higher Education
under section 2010-L(c)]:
(i) The Secretary of Education [appointed under
section 2010-L(c)(1)] or a designee who is a deputy
secretary of the department.
(ii) One member of the Senate appointed by the
President pro tempore of the Senate [appointed under
section 2010-L(c)(3)].
(iii) One member of the Senate appointed by the
Minority Leader of the Senate [appointed under section
2010-L(c)(4)].
(iv) One member of the House of Representatives
appointed by the Speaker of the House of Representatives
[appointed under section 2010-L(c)(5)].
(v) One member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives [appointed under section 2010-L(c)(6)].
(3) The nonvoting members of the council shall be:
(i) The President of The Pennsylvania State
University or a designee.
(ii) The Chancellor of the University of Pittsburgh
or a designee.
(iii) The President of Temple University or a
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designee.
(c.1) Term.--Voting members of the council appointed under
subsection (c)(2)(ii), (iii), (iv) and (v) shall serve a term of
office coterminous with the respective elective term of the
members of the General Assembly. The Secretary of Education
shall serve as long as the Secretary of Education is in office.
(d) Chairperson.--The voting members of the council shall
appoint a member to serve as the chairperson. The council shall
vote not later than every 24 months to appoint a member to serve
as chairperson.
(e) Council meetings.--The meetings of the council shall be
[held bimonthly and] at the call of the chairperson as necessary
and shall be conducted in accordance with the requirements of 65
Pa.C.S. Ch. 7 (relating to open meetings).
* * *
(h.1) Administrative support.--The General Assembly and the
department shall provide administrative support for the council.
(i) Powers and duties.--The council [shall]:
(1) [Consult] May consult with Commonwealth agencies and
experts to assist in carrying out the duties of this section.
(2) [Hold] May hold public hearings at [each one of the
State-related universities and receive input from experts and
interested parties, including parents and students.] the call
of the chair to receive input from experts and interested
parties.
(3) [Develop] Shall develop recommendations for a
process that utilizes performance-based metrics to distribute
funding.
(4) [No] Shall, no later than [April 30, 2025,] May 5,
2025, transmit the recommendations to the Governor, the
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board, the department and the General Assembly, including
draft legislation to implement the process to distribute
funding.
(5) Shall annually assign performance goals and weights
under section 2035-L for the performance-based funding
formula.
* * *
(l) [Dissolution and reconstitution.--
(1) Upon transmittal of the report under subsection (i)
(4), the council shall dissolve until reconstituted under
paragraph (2).
(2) The board shall reconstitute the council every five
years to reevaluate the performance metrics utilized for the
distribution of funds to State-related universities.]
(Reserved).
(m) Workforce outcomes.--
(1) The Department of Labor and Industry and the
department shall develop an analysis on postsecondary
graduate employment outcomes for State-related universities,
including earnings and employment outcomes for graduates by
degree level, degree major and state in which an individual
is employed.
(2) The council shall consider the information and
analysis on postsecondary graduate employment outcomes as
part of future recommendations by the council relating to
improvement and affordability under section 2035-L(f).
Section 11. Section 2033-L of the act, added July 17, 2024
(P.L.960, No.90), is amended to read:
Section 2033-L. Public institution of higher education
reporting.
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(a) Requirements.--Notwithstanding any other provision of
law, the following information shall be reported, including
disaggregated data sets for resident students, nonresident
students, undergraduate students and graduate students, to the
department by public institutions of higher education:
(1) Student enrollment[, including in-State and out-of-
State students,] disaggregated by demographics, enrollment
status and degree type [and level].
(2) Students reaching 30, 60, 90 and 120 credit hour
thresholds.
(3) Students completing credentials, including
credentials aligned to high-priority occupations.
(4) Students included in priority populations, including
low-income students, underrepresented minority students and
academically unprepared students.
(4.1) For State-related universities, performance
metrics data under section 2034-L(e).
(5) Any other data required by the department, including
data related to the metrics under section 2032-L.
(b) Transmittal.--
(1) A public institution of higher education shall
report information required under this section to the
department in a manner and form prescribed by the department.
(2) Each State-related university shall annually
transmit data to the department no later than February 1 of
each year. The department shall transmit data to the council
in a timely manner.
(c) Submission.--The system may submit the information
required under this section on behalf of the State-owned
universities.
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(d) Exclusion.--The provisions of section 118 shall not
apply to any data required under this section.
(e) Data sharing.--
(1) The department may share data collected under this
section with the board [and the council].
(2) The department shall share data collected under this
section with the council.
(3) The following shall apply to confidential data
shared under this subsection:
(i) Within 120 days of the effective date of this
subsection, the department shall enter into a data use
agreement with the council. The data use agreement shall
include terms to ensure that the data is kept
confidential and secure and remain confidential in
accordance with the Family Educational Rights and Privacy
Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and
other applicable laws governing data sharing.
(ii) The department shall enter into a data use
agreement with the board prior to sharing data under
paragraph (1) and include the same terms in subparagraph
(i).
(iii) The department may utilize a disclosure method
to protect student privacy to prevent the identification
of students.
(f) Definition.--As used in this section, the term "student"
means an individual who attends an institution of higher
education, whether enrolled on a full-time, part-time, degree-
seeking, non-degree-seeking, credit or noncredit basis.
(g) Construction.--Nothing in the section shall be construed
to limit the obligations of a State-related university to
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provide data or other information to the department or the
General Assembly as required by law.
Section 12. The act is amended by adding sections to read:
Section 2034-L. State-related University Performance Fund.
(a) Establishment.--The State-related University Performance
Fund is established in the State Treasury.
(b) Composition.--The fund shall consist of money
appropriated or transferred to the fund and all interest
earnings received from investment of money in the fund.
(c) Appropriations.--Money in the fund shall not be
appropriated except in accordance with section 30 of Article III
of the Constitution of Pennsylvania.
(d) Payments.--The Commonwealth shall pay, on an equal
monthly basis during the fiscal year, money from the fund as
provided under subsection (c) to each State-related university
in the amount calculated under section 2035-L for that fiscal
year.
(e) Remaining balance.--Any available balance in the fund
not awarded by the allocation under section 2035-L during a
fiscal year may not be expended in that fiscal year but shall
remain in the fund for appropriation under subsection (c) in a
subsequent fiscal year.
Section 2035-L. Performance-based funding formula.
(a) Findings and declarations.--The General Assembly finds
and declares that the performance-based funding formula is the
result of the work of the council.
(b) Student-weighted count.--
(1) No later than June 1, 2026, and each June 1
thereafter, the council shall assign weights to the following
categories of in-State students in a State-related
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university:
(i) Full-time, fall undergraduate students.
(ii) Students who have received a Pell Grant.
(iii) Students who transferred from a community
college.
(iv) Students from a low-matriculation high school.
(v) Students who earned a high-demand degree.
(2) Using the categories of students and the weights
assigned by the council under paragraph (1), the department
shall annually calculate the student-weighted count using the
most recent data available for each State-related university.
(c) Maximum performance allocation.--
(1) No later than June 1, 2026, and each June 1
thereafter, the council shall assign:
(i) A proportion between 0 and 1 of the maximum
allocation that is based upon an equal share between each
State-related university.
(ii) A proportion between 0 and 1 of the maximum
allocation that is based upon each State-related
university's share of the total student-weighted count
determined under subsection (b)(2).
(iii) The sum of the assigned proportions under
subparagraphs (i) and (ii) shall equal 1.
(2) The department shall annually calculate the maximum
performance allocation for each State-related university as
follows:
(i) Multiply the amount available in the fund by
0.95.
(ii) Multiply the product determined in subparagraph
(i) by the proportion determined under paragraph (1)(ii).
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(iii) Divide the State-related university's student-
weighted count calculated under subsection (b)(2) by the
sum of the student-weighted count for all State-related
universities calculated under subsection (b)(2).
(iv) Multiply the product determined under
subparagraph (ii) by the quotient determined under
subparagraph (iii).
(v) Multiply one-third by the proportion determined
under paragraph (1)(i).
(vi) Multiply the product in subparagraph (i) by the
product in subparagraph (v).
(vii) Add the products in subparagraphs (iv) and
(vi).
(d) Performance metrics and goals.--
(1) The State-related university's performance
allocation under subsection (e) shall be calculated based on
performance across the following metrics:
(i) Four-year graduation rates for in-State,
undergraduate students.
(ii) Six-year graduation rates for in-State,
undergraduate students.
(iii) Six-year graduation rates for in-State, Pell-
Grant-recipient undergraduate students.
(iv) High-demand degree production for in-State
undergraduate students.
(2) No later than June 1, 2026, and each June 1
thereafter, the council shall assign weights to each of the
performance metrics under paragraph (1) for the purpose of
calculating each State-related university's progress towards
the State-related university's goal.
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(3) No later than June 1, 2026, and each June 1
thereafter, the council shall adopt a goal rate for each
performance metric under paragraph (1).
(4) The high-demand degree production goal for each
State-related university shall be assigned by the council as
follows:
(i) A high-demand degree production target rate
shall be determined as a proportion between 0 and 1.
(ii) Divide a State-related university's total
bachelor's degrees awarded for the most recent year
available by the Statewide bachelor's degrees awarded for
the most recent year available.
(iii) Multiply the quotient in subparagraph (ii) by
the short-term workforce demand projection.
(iv) Multiply the product in subparagraph (iii) by
the proportion in subparagraph (i).
(e) Performance allocation.--
(1) The department shall calculate the progress toward
the goal for each State-related university as follows:
(i) For the performance metrics in subsection (d)(1)
(i), (ii) and (iii), divide the current rate of each
metric for the most recent year available by each
metric's respective goal rate as determined in subsection
(d)(3).
(ii) For the metric in subsection (d)(1)(iv), divide
the number of high-demand degrees for the most recent
year available by the product in subsection (d)(4)(iv).
(iii) Calculate the average of the quotients in
subparagraphs (i) and (ii).
(2) The department shall calculate the performance
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allocation for each State-related university by multiplying
the State-related university's maximum performance allocation
determined under subsection (c)(2) by the State-related
university's progress toward the goal determined under
paragraph (1).
(f) Improvement and affordability allocation.--
(1) The department shall annually calculate the total
amount available for the improvement and affordability
allocation by multiplying the amount in the fund by 0.05.
(2) The department shall annually calculate an
improvement bonus for each State-related university as
follows:
(i) Add the positive percentage point increases in
the rates of the performance metrics in subsection (d)(1)
(i), (ii) and (iii) from the most recent year of data
available compared to the prior year.
(ii) Subtract the high-demand degrees awarded for
the most recent year data is available by the high-demand
degrees awarded for the prior year.
(iii) Divide the difference in subparagraph (ii) by
the high-demand degrees awarded for the prior year.
(iv) Determine the greater of the quotient found in
subparagraph (iii) or zero.
(v) Add the amounts in subparagraphs (i) and (iv).
(3) No later than June 1, 2026, and each June 1
thereafter, the council shall annually assign a percentage
point affordability bonus for each State-related university
on the basis that the State-related university maintains the
percentage increase in their total cost of attendance for the
current year over the prior year by an amount less than the
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percentage increase in the higher education price index for
the most recent year available.
(4) The improvement and affordability allocation for
each State-related university shall be calculated by the
department as follows:
(i) Add the amounts in paragraph (2)(v) for each
State-related university.
(ii) Add the amounts in paragraph (3) for each
State-related university.
(iii) Add the sums in subparagraphs (i) and (ii).
(iv) Add the sum in paragraph (2)(v) for the State-
related university to the amount in paragraph (3) for the
State-related university.
(v) Divide the sum in subparagraph (iv) for the
State-related university by the sum in subparagraph
(iii).
(vi) Multiply the quotient in subparagraph (v) by
the amount available for the improvement and
affordability allocation under paragraph (1).
Section 2036-L. Public accountability.
(a) Goals and weights.--After the council assigns the
performance goals and weights under section 2035-L, the chair of
the council shall transmit the performance goals and weights to
the Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
(b) Public posting.--The department and each State-related
university shall post on the publicly accessible Internet
website of the department and each State-related university the
following:
(1) The current year data for each of the metrics
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included in the student-weighted count and each metric
included as performance metric under section 2035-L.
(2) The performance goals and weights assigned by the
council and published in the Pennsylvania Bulletin for the
performance metrics.
Section 2329. State Aid for Fiscal Year 2025-2026.
Notwithstanding any other provision of law to the contrary,
each library subject to 24 Pa.C.S. Ch. 93 (relating to public
library code) shall be eligible for State aid for fiscal year
2025-2026 as follows:
(1) Funds appropriated for libraries shall be
distributed to each library under the following formula:
(i) Divide the sum of the amount of funding the
library received in fiscal year 2024-2025 under section
2328 by the total State-aid subsidy for fiscal year 2024-
2025.
(ii) Multiply the quotient under subparagraph (i) by
the total State-aid subsidy for fiscal year 2025-2026.
(2) Following distribution of funds appropriated for
State aid to libraries under paragraph (1), any remaining
funds may be distributed at the discretion of the State
Librarian.
(3) If funds appropriated for State aid to libraries in
fiscal year 2025-2026 are less than funds appropriated in
fiscal year 2002-2003, the State Librarian may waive
standards as prescribed in 24 Pa.C.S. Ch. 93.
(4) Each library system receiving State aid under this
section may distribute the local library share of that aid in
a manner as determined by the board of directors of the
library system.
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(5) In the case of a library system that contains a
library operating in a city of the second class, changes to
the distribution of State aid to the library shall be made by
mutual agreement between the library and the library system.
(6) In the event of a change in district library center
population prior to the effective date of this section as a
result of:
(i) a city, borough, town, township, school district
or county moving from one library center to another; or
(ii) a transfer of district library center status to
a county library system; funding of district library
center aid shall be paid based on the population of the
newly established or reconfigured district library
center.
(7) In the event of a change in direct service area from
one library to another, the State Librarian, upon agreement
of the affected libraries, may redistribute the local library
share of aid to the library currently servicing the area.
Section 13. Section 2502.56(b)(2)(ii) of the act, added July
11, 2024 (P.L.618, No.55), is amended and the section is amended
by adding a subsection to read:
Section 2502.56. Student-Weighted Basic Education Funding
Beginning with 2023-2024 School Year.--* * *
(b) For the 2023-2024 school year and each school year
thereafter, the Commonwealth shall pay to each school district a
basic education funding allocation which shall consist of the
following:
* * *
(2) A student-based allocation to be calculated as follows:
* * *
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(ii) Multiply the product in subparagraph (i) by the
difference between the amount appropriated for the allocation of
basic education funding to school districts and the sum of the
amounts appropriated for the allocation in paragraph (1) and
[subsection (c)] subsections (c) and (c.1).
* * *
(c.1) For the 2024-2025 school year, the Commonwealth shall
pay an amount equal to five million dollars ($5,000,000) to a
school district located in a county of the second class A with a
2021-2022 adjusted average daily membership greater than 5,590
and less than 5,595 and a 2021-2022 current expenditure of less
than $110,000,000. Payments under this subsection shall be
deemed to be part of the school district's allocation amount
under subsection (b)(1) for the immediately succeeding school
year and each school year thereafter.
* * *
Section 14. Sections 2510.3(a)(2), 2599.6(a.4), (a.6)(2),
(a.7)(2), (a.8) and (f)(1) and 2608-J of the act, amended or
added July 11, 2024 (P.L.618, No.55), are amended to read:
Section 2510.3. Assistance to School Districts Declared to
be in Financial Recovery Status or Identified for Financial
Watch Status.--(a) The following apply:
* * *
(2) For the 2017-2018, 2018-2019, 2019-2020, 2020-2021,
2021-2022, 2022-2023, 2023-2024 [and], 2024-2025 and 2025-2026
fiscal years, the Department of Education may utilize up to
seven million dollars ($7,000,000) of undistributed funds not
expended, encumbered or committed from appropriations for
grants, subsidies and assessments made to the Department of
Education to assist school districts declared to be in financial
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recovery status under section 621-A, identified for financial
watch status under section 611-A or 694-A or subject to
oversight during the transition period under section 625-A. The
funds shall be transferred by the Secretary of the Budget to a
restricted account as necessary to make payments under this
section and, when transferred, are hereby appropriated to carry
out the provisions of this section.
* * *
Section 2599.6. Ready-to-Learn Block Grant.--* * *
(a.4) For the 2023-2024 school year [and each school year
thereafter], each school entity shall receive a Ready-to-Learn
Block Grant in an amount not less than the amount received by
the school entity from the appropriation for the Ready-to-Learn
Block Grant during the 2022-2023 fiscal year.
* * *
(a.6) The Commonwealth shall pay an adequacy supplement from
the Ready-to-Learn Block Grant appropriation as follows:
* * *
(2) [(Reserved).] For the 2025-2026 school year:
(i) Divide the amount determined in subsection (f)(1) by the
sum of the amounts determined in subsection (f)(1) for each
school district.
(ii) Multiply the quotient determined in subparagraph (i) by
$526,440,000.
(iii) Add the amount determined under subparagraph (ii) and
an amount calculated as follows:
(A) If the sum of the amounts determined under subparagraph
(ii) and subsection (a.7)(2) for the school district is less
than $50,000, the difference of $50,000 minus the sum of the
amounts determined under subparagraph (ii) and subsection (a.7)
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(2) for the school district.
(B) If the sum of the amounts determined under subparagraph
(ii) and subsection (a.7)(2) for the school district is greater
than or equal to $50,000, $0.
(a.7) The Commonwealth shall pay a tax equity supplement
from the Ready-to-Learn Block Grant appropriation as follows:
* * *
(2) [(Reserved).] For the 2025-2026 school year:
(i) Subtract the amount received under paragraph (1) from
the amount determined in subsection (g)(1).
(ii) Divide the difference in subparagraph (i) by the sum of
the amounts determined in subparagraph (i) for each school
district.
(iii) Multiply the quotient determined in subparagraph (ii)
by $32,202,000.
(a.8) No school district that receives funding under
subsection (a.6) or (a.7) shall seek a referendum exception
under section 333 of the act of June 27, 2006 (1st Sp.Sess.,
P.L.1873, No.1), known as the Taxpayer Relief Act, for the 2025-
2026 and 2026-2027 school [year] years.
* * *
(f) The provisions in this subsection relate to the adequacy
supplement. The following shall apply:
(1) The department shall calculate an adequacy gap for each
school district as follows:
(i) For each school district, multiply $14,120 by the school
district's student-weighted average daily membership calculated
under subsection (e)(2).
(ii) Subtract the school district's current expenditures
from the amount calculated for the school district under
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subparagraph (i).
(iii) Determine the greater of $0 or the difference
calculated under subparagraph (ii).
(iv) Subtract the adequacy adjustment under paragraph (3)
from the amount determined in subparagraph (iii). For the 2025-
2026 fiscal year and each fiscal year thereafter, the adequacy
adjustment determined in paragraph (3) for each school district
shall be zero.
* * *
Section 2608-J. Applicability.
This article shall apply to projects for which approval and
reimbursement is sought and to the maintenance project grant
program beginning July 1, [2025] 2026.
Section 15. This act shall take effect immediately.
SECTION 1. SECTIONS 122(K)(3) AND (M.1) AND 133(B) OF THE
ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC
SCHOOL CODE OF 1949, ARE AMENDED TO READ:
SECTION 122. SPECIAL EDUCATION FUNDING COMMISSION.--* * *
(K) * * *
(3) THE COMMISSION SHALL BE RECONSTITUTED JANUARY [15, 2026]
25, 2027, IN ACCORDANCE WITH SUBSECTION (C) AND SHALL MEET AND
HOLD PUBLIC HEARINGS TO REVIEW THE OPERATION OF THE SPECIAL
EDUCATION FUNDING PROVISIONS OF THIS SECTION, AND SHALL MAKE A
FURTHER REPORT AND SHALL ISSUE THE REPORT TO THE RECIPIENTS
LISTED IN SUBSECTION (I)(5) NO LATER THAN NOVEMBER 30, [2026]
2027. WHEN IN RECEIPT OF THE REPORT RECOMMENDING CHANGES TO THE
SPECIAL EDUCATION FUNDING FORMULA, THE GENERAL ASSEMBLY SHALL
CONSIDER AND TAKE ACTION TO ENACT THE FORMULA INTO LAW IN
ACCORDANCE WITH SUBSECTION (J).
* * *
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(M.1) THE INDEPENDENT FISCAL OFFICE SHALL COMPLETE A SURVEY
OF SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL AND
CYBER CHARTER SCHOOL SPECIAL EDUCATION STUDENT COST DISTRIBUTION
IN CONJUNCTION WITH EACH RECONSTITUTION OF THE SPECIAL EDUCATION
FUNDING COMMISSION.
* * *
SECTION 133. MINIMUM NUMBER OF DAYS OR HOURS.--* * *
(B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
[SUPERSEDE]:
(1) SUPERSEDE OR PREEMPT A PROVISION OF A COLLECTIVE
BARGAINING AGREEMENT ENTERED INTO BETWEEN A SCHOOL EMPLOYER AND
AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYES UNDER THE ACT OF
JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE
RELATIONS ACT," PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
(2) APPLY TO THE LENGTH OF THE SCHOOL YEAR FOR SCHOOL
EMPLOYES, EXCEPT THAT THE SCHOOL YEAR FOR SCHOOL EMPLOYES MUST
MEET BOTH OF THE MINIMUM REQUIREMENTS UNDER SUBSECTION (A).
* * *
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 511.1. ADMISSION FEES FOR SCHOOL-SPONSORED
ACTIVITIES.--(A) IF A SCHOOL ENTITY, NONPUBLIC SCHOOL OR
ASSOCIATION COLLECTS A FEE FOR ADMISSION TO A SCHOOL-SPONSORED
ACTIVITY, CASH SHALL BE ACCEPTED AS A FORM OF PAYMENT FOR
ADMISSION.
(B) IN ADDITION TO ACCEPTING CASH AS PAYMENT FOR ADMISSION,
A SCHOOL ENTITY, NONPUBLIC SCHOOL OR ASSOCIATION MAY ACCEPT
OTHER PAYMENT METHODS FOR ADMISSION TO THE SCHOOL-SPONSORED
ACTIVITY.
(C) A SCHOOL ENTITY, NONPUBLIC SCHOOL OR ASSOCIATION MAY
REFUSE TO ACCEPT PAYMENT FOR ADMISSION THAT IS IN A DENOMINATION
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THAT SIGNIFICANTLY EXCEEDS THE AMOUNT OF THE FEE UNDER
SUBSECTION (A). FOR EVENTS SANCTIONED BY THE ASSOCIATION, IF
PAYMENT IS MADE IN CASH, THE ADMISSION FEE MUST BE PAID IN THE
EXACT AMOUNT.
(D) IF ELECTRONIC TICKETING IS THE SOLE METHOD OF ADMISSION,
A SCHOOL ENT ITY, NONPUBLIC SCHOOL OR ASSOCIATION SHALL PROVIDE
ALTERNATIVE METHODS OF PAYMENT AND DESIGNATED ENTRY POINTS FOR
INDIVIDUALS WHO PAY IN PERSON FOR THE PURPOSE OF ASSISTING AND
FACILITATING ENTRY INTO THE SCHOOL-SPONSORED ACTIVITY. THE
SCHOOL ENTITY, NONPUBLIC SCHOOL OR ASSOCIATION MAY ACCEPT ANY
FORM OF PAYMENT, INCLUDING CASH, AT THE DESIGNATED ENTRY POINTS.
THE SCHOOL ENTITY, NONPUBLIC SCHOOL OR ASSOCIATION SHALL MAKE
AVAILABLE A SUPPORT PERSON TO ASSIST INDIVIDUALS WHO EXPERIENCE
DIFFICULTY USING ELECTRONIC PAYMENT SYSTEMS.
(E) A SCHOOL ENTITY, NONPUBLIC SCHOOL OR ASSOCIATION MAY NOT
IMPOSE A SURCHARGE OR ANY OTHER ADDITIONAL FEE IN EXCESS OF THE
ADMISSION FEE UNDER SUBSECTION (A) FOR ACCEPTING CASH AS PAYMENT
FOR ADMISSION TO A SCHOOL-SPONSORED ACTIVITY.
(F) 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:
"ASSOCIATION" SHALL MEAN THE PENNSYLVANIA INTERSCHOLASTIC
ATHLETIC ASSOCIATION.
"CASH" SHALL MEAN ALL COINS AND CURRENCIES RECOGNIZED AS
LEGAL TENDER UNDER 31 U.S.C. § 5103 (RELATING TO LEGAL TENDER).
"INTERSCHOLASTIC ATHLETIC ACTIVITY" SHALL MEAN AN ATHLETIC
CONTEST OR COMPETITIONS CONDUCTED BETWEEN OR AMONG SCHOOL
ENTITIES OR NONPUBLIC SCHOOLS LOCATED IN THIS COMMONWEALTH.
"NONPUBLIC SCHOOL" SHALL MEAN AS DEFINED IN SECTION 923.3-
A(B).
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"SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, INTERMEDIATE
UNIT, AREA CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL, CYBER
CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL.
"SCHOOL-SPONSORED ACTIVITY" SHALL MEAN AN ASSEMBLY, FIELD
TRIP, CLASS TRIP, GRADUATION CEREMONY, INTERSCHOLASTIC ATHLETIC
ACTIVITY, EXTRACURRICULAR ACTIVITY, CLUB, GROUP, TEAM OR ANY
ACTIVITY SPONSORED, HELD OR APPROVED BY A SCHOOL ENTITY OR
NONPUBLIC SCHOOL.
SECTION 3. SECTIONS 913-A(B) AND (C), 1201 AND 1202.1
HEADING AND (B)(1)(I) OF THE ACT ARE AMENDED TO READ:
SECTION 913-A. STAFF.--* * *
(B) AN EXECUTIVE DIRECTOR SHALL BE APPOINTED BY EACH
INTERMEDIATE UNIT BOARD OF DIRECTORS FOR A TERM OF FOUR YEARS:
PROVIDED, THAT THE INITIAL TERM SHALL COMMENCE JULY 1, 1971 AND
TERMINATE JUNE 30, 1974: AND, PROVIDED FURTHER, HOWEVER, THAT
EACH INTERMEDIATE UNIT PLANNING COMMITTEE MAY EMPLOY AN
EXECUTIVE DIRECTOR-ELECT TO SERVE PRIOR TO JULY 1, 1971. AN
EXECUTIVE DIRECTOR SHALL HOLD [A COMMISSION ISSUED BY THE
SUPERINTENDENT OF PUBLIC INSTRUCTION, IN ACCORDANCE WITH
REGULATIONS ADOPTED BY THE STATE BOARD OF EDUCATION.], AT THE
TIME OF APPOINTMENT, EITHER A LETTER OF ELIGIBILITY OR A
COMMISSION QUALIFICATION LETTER ISSUED BY THE DEPARTMENT OF
EDUCATION UNDER THE EDUCATIONAL AND EXPERIENCE CRITERIA
SPECIFIED IN SECTION 1003(B). AN INTERMEDIATE UNIT EXECUTIVE
DIRECTOR SHALL BE COMMISSIONED BY THE SECRETARY OF EDUCATION.
(C) ASSISTANT EXECUTIVE DIRECTORS MAY BE APPOINTED BY EACH
INTERMEDIATE UNIT BOARD OF DIRECTORS UPON RECOMMENDATION OF THE
EXECUTIVE DIRECTOR FOR A TERM OF FOUR YEARS: PROVIDED, THAT THE
INITIAL TERM SHALL COMMENCE JULY 1, 1971, AND TERMINATE JUNE 30,
1974: AND PROVIDED FURTHER, HOWEVER, THAT EACH INTERMEDIATE UNIT
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PLANNING COMMITTEE MAY EMPLOY ASSISTANT EXECUTIVE DIRECTORS-
ELECT UPON RECOMMENDATION OF THE EXECUTIVE DIRECTOR-ELECT TO
SERVE PRIOR TO JULY 1, 1971. AN ASSISTANT EXECUTIVE DIRECTOR
SHALL HOLD [A COMMISSION ISSUED BY THE SUPERINTENDENT OF PUBLIC
INSTRUCTION, IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE STATE
BOARD OF EDUCATION.], AT THE TIME OF APPOINTMENT, EITHER A
LETTER OF ELIGIBILITY OR A COMMISSION QUALIFICATION LETTER
ISSUED BY THE DEPARTMENT OF EDUCATION UNDER THE EDUCATIONAL AND
EXPERIENCE CRITERIA SPECIFIED IN SECTION 1003(B) . AN ASSISTANT
INTERMEDIATE UNIT EXECUTIVE DIRECTOR SHALL BE COMMISSIONED BY
THE SECRETARY OF EDUCATION.
* * *
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) [INTERN] EXPERIENCE-BASED
CERTIFICATE, (10) INSTRUCTIONAL CERTIFICATE, (11) CAREER AND
TECHNICAL EXPERIENCE-BASED CERTIFICATE, (12) CAREER AND
TECHNICAL INSTRUCTIONAL CERTIFICATE, (13) 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
[(11)] (14) 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
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CERTIFICATES BY DISTRICT SUPERINTENDENTS TO MEET SUCH
EMERGENCIES OR SHORTAGE OF TEACHERS AS MAY OCCUR.
SECTION 1202.1. [INSTRUCTIONAL] SPECIAL EDUCATION
CERTIFICATE GRADE SPANS AND AGE LEVELS AND DUTIES OF
DEPARTMENT.--* * *
(B) THE DEPARTMENT OF EDUCATION SHALL HAVE THE FOLLOWING
DUTIES:
(1) WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF THIS
SUBSECTION:
(I) (A) NOTIFY ALL TEACHER PREPARATION PROGRAMS APPROVED BY
THE DEPARTMENT OF EDUCATION, ALL INDIVIDUALS ENROLLED IN THESE
PROGRAMS AND ALL INDIVIDUALS HOLDING AN EARLY CHILDHOOD
CERTIFICATE UNDER 22 PA. CODE § 49.85(B)(1) THAT AN INDIVIDUAL
HOLDING OR SEEKING AN EARLY CHILDHOOD CERTIFICATE MAY, BY
ATTAINING QUALIFYING SCORES ON THE ASSESSMENT MADE AVAILABLE BY
THE DEPARTMENT OF EDUCATION, EXTEND THE GRADE SPAN FOR THE
INDIVIDUAL'S EARLY CHILDHOOD CERTIFICATE TO INCLUDE GRADES FIVE
AND SIX AND INCLUDE AND MAINTAIN NOTICE OF THE AVAILABILITY OF
THE ASSESSMENT ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE OF
THE DEPARTMENT OF EDUCATION WITH OTHER INFORMATION DESCRIBING
CERTIFICATION REQUIREMENTS.
(B) THIS SUBPARAGRAPH SHALL EXPIRE JULY 1, 2028.
* * *
SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1202.2. INSTRUCTIONAL CERTIFICATE GRADE SPANS AND
AGE LEVELS.--(A) NOTWITHSTANDING 22 PA. CODE § 49.85 (RELATING
TO LIMITATIONS), THE GRADE SPANS AND AGE LEVELS FOR
INSTRUCTIONAL CERTIFICATES SHALL BE AS FOLLOWS:
(1) PRIMARY - PREKINDERGARTEN, KINDERGARTEN, GRADES ONE
THROUGH SIX OR AGES THREE (3) THROUGH ELEVEN (11).
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(2) SECONDARY - GRADES SEVEN THROUGH TWELVE OR AGES ELEVEN
(11) THROUGH TWENTY-ONE (21).
(3) SPECIALIZED AREAS - PREKINDERGARTEN THROUGH GRADE TWELVE
OR AGES THREE (3) THROUGH TWENTY-ONE (21).
(B) CERTIFICATES ISSUED IN ACCORDANCE WITH 22 PA. CODE §
49.85(A), (B) AND (D) SHALL REMAIN VALID FOR THE TERM OF THE
CERTIFICATE.
(C) AN INDIVIDUAL HOLDING AN ELEMENTARY/MIDDLE INSTRUCTIONAL
CERTIFICATE ISSUED IN ACCORDANCE WITH 22 PA. CODE § 49.85(B)(2)
OR (D)(2) SHALL HAVE TWO PATHWAYS DEVELOPED BY THE DEPARTMENT OF
EDUCATION TO EXPAND THE SCOPE OF THE INDIVIDUAL'S CERTIFICATE TO
MEET THE GRADE LEVELS COVERED UNDER SUBSECTION (A)(2), WHICH
SHALL BE LIMITED TO EITHER COMPLETING CONTINUING EDUCATION
CREDITS FOR A SPECIFIC CERTIFICATION LEVEL OR ATTAINING
QUALIFYING SCORES ON THE ASSESSMENT MADE AVAILABLE BY THE
DEPARTMENT OF EDUCATION.
(D) NOTWITHSTANDING SUBSECTION (A), AN APPROVED EDUCATOR
PREPARATION PROGRAM MAY PERMIT AN INDIVIDUAL ENROLLED IN A
PROGRAM PRIOR TO JULY 1, 2028, AND REMAINING CONTINUOUSLY
ENROLLED TO COMPLETE THE PROGRAM FOR THE GRADE LEVEL LIMITATIONS
PROVIDED UNDER 22 PA. CODE § 49.85(D). THE DEPARTMENT OF
EDUCATION SHALL ISSUE THE APPROPRIATE CERTIFICATES TO AN
APPLICANT WHO COMPLETES THE PROGRAM AND MEETS ALL OTHER
CERTIFICATION REQUIREMENTS. NO LATER THAN JULY 1, 2028, AN
EDUCATOR PREPARATION PROGRAM MAY NOT ACCEPT NEW CANDIDATES
SEEKING A CERTIFICATE UNDER 22 PA. CODE § 49.85(D).
(E) (1) NOTWITHSTANDING 22 PA. CODE § 49.85, AN EDUCATOR
HOLDING AN EARLY CHILDHOOD CERTIFICATE ISSUED UNDER 22 PA. CODE
§ 49.85(B)(1) OR (D)(1) MAY TEACH FIFTH AND SIXTH GRADE. AN
EDUCATOR HOLDING A SECONDARY SCHOOL CERTIFICATE MAY TEACH SIXTH
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GRADE IN THE SUBJECT AREA FOR WHICH THE SECONDARY CERTIFICATE IS
ENDORSED.
(2) THE SECRETARY OF EDUCATION MAY ISSUE GUIDELINES AS
NECESSARY TO IMPLEMENT THIS SUBSECTION.
(F) THE SECRETARY OF EDUCATION MAY GRANT EXCEPTIONS TO THE
GRADE AND AGE LEVEL LIMITATIONS SPECIFIED IN THIS SECTION OR FOR
THOSE ISSUED IN ACCORDANCE WITH 22 PA. CODE § 49.85. THE
SECRETARY SHALL ISSUE GUIDELINES THAT OUTLINE THE CIRCUMSTANCES
UNDER WHICH EXCEPTIONS SHALL BE GRANTED.
(G) AN APPROVED EDUCATOR PREPARATION PROGRAM SHALL:
(1) REQUIRE INDIVIDUALS ENROLLED IN A PROGRAM WHO ARE
PURSUING AN INSTRUCTIONAL CERTIFICATE UNDER SUBSECTION (A)(1) TO
COMPLETE A MINIMUM OF THIRTY (30) CREDIT HOURS OF EARLY
CHILDHOOD COURSEWORK. COURSEWORK SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING TOPICS FOCUSED ON EARLY CHILDHOOD:
(I) DEVELOPMENT STAGES;
(II) LEARNING THEORIES;
(III) CURRICULUM DEVELOPMENT;
(IV) INSTRUCTIONAL STRATEGIES;
(V) CONTENT KNOWLEDGE;
(VI) LEARNING ENVIRONMENTS;
(VII) OBSERVATION AND ASSESSMENT METHODS; AND
(VIII) FAMILY AND COMMUNITY PARTNERSHIPS.
(2) ESTABLISH PATHWAYS FOR OBSERVATION, RESEARCH AND STUDENT
TEACHING WHICH FOCUS ON SPECIFIC CHILD AGES AND GRADES WITHIN
PROGRAMS FOR INDIVIDUALS PURSUING AN INSTRUCTIONAL CERTIFICATE
UNDER SUBSECTION (A)(1).
(3) ALLOW INDIVIDUALS ENROLLED IN A PROGRAM WHO ARE PURSUING
AN INSTRUCTIONAL CERTIFICATE UNDER SUBSECTION (A)(1) TO COMPLETE
THEIR FIELDWORK AND STUDENT TEACHING IN EARLY CHILDHOOD
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SETTINGS, INCLUDING AT THEIR EMPLOYMENT SITE, PROVIDED THE
EMPLOYMENT SITE MEETS FIELD PLACEMENT CRITERIA AND ENSURES THAT
THE COOPERATING TEACHER IS A CERTIFIED EDUCATOR.
(H) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
"EARLY CHILDHOOD" SHALL MEAN PRE-KINDERGARTEN, KINDERGARTEN
AND GRADES ONE THROUGH THREE OR AGES THREE (3) THROUGH EIGHT
(8).
SECTION 1203.1. STATE CERTIFICATE FEE REDUCTION.--
CERTIFICATE FEES ASSESSED BY THE DEPARTMENT OF EDUCATION RELATED
TO THE REVIEW OF CERTIFICATE ELIGIBILITY FOR ISSUANCE OF
CERTIFICATES UNDER SECTION 1201 MAY NOT BE MORE THAN FIFTY
DOLLARS ($50).
SECTION 5. SECTION 1204.1(A) OF THE ACT IS AMENDED TO READ:
SECTION 1204.1. STANDARD EMPLOYMENT APPLICATION.--(A) THE
SECRETARY OF EDUCATION, IN CONSULTATION WITH ORGANIZATIONS
REPRESENTING SCHOOL ADMINISTRATORS, INCLUDING PERSONNEL
ADMINISTRATORS, TEACHERS AND SCHOOL BOARDS, SHALL DEVELOP A
STANDARD EMPLOYMENT APPLICATION FORM FOR USE BY INDIVIDUALS
ELIGIBLE FOR OR IN POSSESSION OF INSTRUCTIONAL, CAREER AND
TECHNICAL INSTRUCTIONAL, [INTERN] INSTRUCTIONAL EXPERIENCE-BASED
OR CAREER AND TECHNICAL [INTERN] EXPERIENCE-BASED TEACHING
CERTIFICATES IN MAKING APPLICATION FOR EMPLOYMENT WITH SCHOOL
DISTRICTS WITHIN THIS COMMONWEALTH.
* * *
SECTION 6. SECTION 1204.2(B) INTRODUCTORY PARAGRAPH OF THE
ACT, AMENDED JULY 11, 2024 (P.L.618, NO.55), IS AMENDED AND THE
SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 1204.2. CAREER AND TECHNICAL INSTRUCTIONAL
CERTIFICATE.--* * *
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(B) IN ADDITION TO OTHER REQUIREMENTS PROMULGATED BY THE
STATE BOARD OF EDUCATION, THE DEPARTMENT OF EDUCATION SHALL
ISSUE A CAREER AND TECHNICAL [INTERN] EXPERIENCE-BASED
CERTIFICATE UNDER 22 PA. CODE § 49.151 (RELATING TO ELIGIBILITY
AND CRITERIA) TO AN INDIVIDUAL SEEKING A POSITION WITH THE
PRIMARY RESPONSIBILITY OF TEACHING OCCUPATIONAL SKILLS IN STATE-
APPROVED CAREER AND TECHNICAL EDUCATION PROGRAMS IN THE PUBLIC
SCHOOLS OF THIS COMMONWEALTH IF THE INDIVIDUAL PRESENTS ANY OF
THE FOLLOWING:
* * *
(B.2) THE CAREER AND TECHNICAL EXPERIENCE-BASED CERTIFICATE
SHALL BE ISSUED FOR THE PERIOD OF TIME NEEDED BY AN INDIVIDUAL
TO COMPLETE EIGHTEEN (18) CREDIT HOURS IN AN APPROVED CAREER AND
TECHNICAL EDUCATOR PREPARATION PROGRAM, BUT IN NO CASE MAY THE
PERIOD OF TIME EXCEED FIVE (5) YEARS FROM THE DATE OF ISSUANCE.
(B.3) IN ADDITION TO ANY OTHER REQUIREMENT PROMULGATED BY
THE STATE BOARD OF EDUCATION, THE DEPARTMENT OF EDUCATION SHALL
ISSUE A CAREER AND TECHNICAL EXPERIENCE-BASED CERTIFICATE UNDER
22 PA. CODE § 49.151 TO AN INDIVIDUAL SECURING RECOGNITION OF
OCCUPATIONAL COMPETENCY UPON THE BASIS OF CREDENTIAL REVIEW AND
ADEQUATE WORK EXPERIENCE BEYOND THE LEARNING PERIOD AS
ESTABLISHED BY THE DEPARTMENT IN A COMPETENCY AREA REGARDLESS OF
WHETHER AN OCCUPATIONAL COMPETENCY EXAMINATION EXISTS.
(B.4) IN ADDITION TO ANY OTHER REQUIREMENT PROMULGATED BY
THE STATE BOARD OF EDUCATION, THE DEPARTMENT OF EDUCATION SHALL
ISSUE A CAREER AND TECHNICAL INSTRUCTIONAL I CERTIFICATE UNDER
22 PA. CODE § 49.142 TO AN INDIVIDUAL SECURING RECOGNITION OF
OCCUPATIONAL COMPETENCY UPON THE BASIS OF CREDENTIAL REVIEW AND
ADEQUATE WORK EXPERIENCE BEYOND THE LEARNING PERIOD AS
ESTABLISHED BY THE DEPARTMENT IN A COMPETENCY AREA, REGARDLESS
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OF WHETHER AN OCCUPATIONAL COMPETENCY EXAMINATION EXISTS.
* * *
SECTION 7. SECTION 1205.2(K) INTRODUCTORY PARAGRAPH AND (2)
OF THE ACT ARE AMENDED, THE SUBSECTION IS AMENDED BY ADDING A
PARAGRAPH AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
SECTION 1205.2. PROGRAM OF CONTINUING PROFESSIONAL AND
PARAPROFESSIONAL EDUCATION.--* * *
(K) A PROFESSIONAL EDUCATOR WHO IS NOT EMPLOYED BY A SCHOOL
ENTITY AS A PROFESSIONAL OR TEMPORARY PROFESSIONAL EMPLOYE MAY
APPLY TO THE DEPARTMENT FOR INACTIVE CERTIFICATION[.], WHICH
SHALL BE GRANTED BY THE DEPARTMENT AT NO COST TO THE
PROFESSIONAL EDUCATOR. INACTIVE CERTIFICATION SHALL:
* * *
(2) EXCEPT AS PROVIDED UNDER [PARAGRAPH] PARAGRAPHS (2.1)
AND (2.2), BE REMOVED BY THE DEPARTMENT UPON THE APPLICATION OF
THE PROFESSIONAL EDUCATOR AND EVIDENCE OF THE COMPLETION OF
THIRTY (30) HOURS OF CONTINUING PROFESSIONAL EDUCATION WITHIN
THE IMMEDIATE PRECEDING [TWELVE (12)] EIGHTEEN (18) MONTHS. THE
DEPARTMENT SHALL ESTABLISH GUIDELINES TO APPROVE COURSES THAT
WILL AUTHORIZE THE REMOVAL OF INACTIVE CERTIFICATION.
* * *
(2.2) BE REMOVED BY THE DEPARTMENT UPON THE APPLICATION OF
THE PROFESSIONAL EDUCATOR AND EVIDENCE THAT THE PROFESSIONAL
EDUCATOR HAS RECEIVED AN OFFER OF EMPLOYMENT FROM A SCHOOL
ENTITY THAT HAS COMMITTED TO PROVIDE AND ENSURE THAT THE
PROFESSIONAL EDUCATOR COMPLETES THIRTY (30) HOURS OF IN-SERVICE
CONTINUING PROFESSIONAL EDUCATION WITHIN THE PROFESSIONAL
EDUCATOR'S FIRST TWO YEARS OF EMPLOYMENT.
* * *
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(K.2) (1) UPON THE REMOVAL OF INACTIVE CERTIFICATION UNDER
SUBSECTION (K)(2.1) OR (2.2), A PROFESSIONAL EDUCATOR SHALL HAVE
THE SAME NUMBER OF HOURS OF CONTINUING PROFESSIONAL EDUCATION
AND THE SAME AMOUNT OF TIME IN WHICH TO COMPLETE THE HOURS AS
EXISTED FOR THE PROFESSIONAL EDUCATOR AT THE TIME INACTIVE
CERTIFICATION WAS GRANTED.
(2) IN THE CASE OF A PROFESSIONAL EDUCATOR WHOSE CERTIFICATE
WAS PLACED ON INACTIVE STATUS FOR THE FIRST TIME BY THE
DEPARTMENT DUE TO THE EXPIRATION OF THE PROFESSIONAL EDUCATOR'S
COMPLIANCE PERIOD, THE PROFESSIONAL EDUCATOR SHALL BEGIN A NEW
FIVE-YEAR COMPLIANCE PERIOD TO SATISFY THE REQUIREMENTS OF
SUBSECTION (A).
* * *
SECTION 8. SECTION 1207.1(A)(1) AND (C) OF THE ACT ARE
AMENDED TO READ:
SECTION 1207.1. POSTBACCALAUREATE CERTIFICATION.--(A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SECRETARY OF EDUCATION SHALL HAVE ALL OF THE FOLLOWING POWERS
AND DUTIES WITH REGARD TO POSTBACCALAUREATE CERTIFICATION
PROGRAMS:
(1) EVALUATE AND APPROVE, IN ACCORDANCE WITH THIS SECTION,
ALL POSTBACCALAUREATE CERTIFICATION PROGRAMS, INCLUDING
ACCELERATED PROGRAMS, LEADING TO THE CERTIFICATION OF
PROFESSIONAL PERSONNEL INCLUDING [INTERN] EXPERIENCE-BASED
CERTIFICATION PROGRAMS, RESIDENCY CERTIFICATION PROGRAMS AND
ADMINISTRATIVE CERTIFICATION PROGRAMS.
* * *
(C) (1) POSTBACCALAUREATE INSTRUCTIONAL [INTERN]
EXPERIENCE-BASED CERTIFICATION PROGRAMS SHALL PROVIDE FLEXIBLE
AND ACCELERATED PEDAGOGICAL TRAINING TO TEACHERS WHO HAVE
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DEMONSTRATED SUBJECT MATTER COMPETENCY IN A SUBJECT AREA RELATED
TO THEIR CERTIFICATION.
(2) THE SECRETARY OF EDUCATION MAY MAKE A ONE-TIME ISSUANCE
OF A POSTBACCALAUREATE INSTRUCTIONAL [INTERN] EXPERIENCE-BASED
CERTIFICATE FOR SERVICE IN A SPECIFIC AREA OF INSTRUCTION TO
CANDIDATES WHO, IN ADDITION TO MEETING THE REQUIREMENTS OF
SECTION 1209, PRESENT EVIDENCE OF SATISFACTORY ACHIEVEMENT ON
THE DEPARTMENT-PRESCRIBED SUBJECT MATTER ASSESSMENTS RELATED TO
THE AREA OF CERTIFICATION AND HOLD A BACHELOR'S DEGREE FROM AN
ACCREDITED COLLEGE OR UNIVERSITY. THIS CERTIFICATE SHALL REQUIRE
CONTINUING ENROLLMENT IN AN APPROVED POSTBACCALAUREATE
INSTRUCTIONAL [INTERN] EXPERIENCE-BASED CERTIFICATION PROGRAM.
(3) A POSTBACCALAUREATE INSTRUCTIONAL [INTERN] EXPERIENCE-
BASED CERTIFICATE SHALL BE VALID FOR [THREE (3)] FIVE (5) YEARS
OF TEACHING IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH AND MAY
NOT BE RENEWED.
(4) A CANDIDATE SHALL BE ISSUED AN INSTRUCTIONAL I
CERTIFICATE UPON SUCCESSFUL COMPLETION OF THE APPROVED
POSTBACCALAUREATE INSTRUCTIONAL [INTERN] EXPERIENCE-BASED
PROGRAM PROVIDED THAT THE CANDIDATE HAS SATISFIED THE
REQUIREMENTS OF SECTION 1209.
* * *
SECTION 9. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1207.5. ASSESSMENT OF BASIC SKILLS.--AN ASSESSMENT
OF BASIC SKILLS AS DEFINED IN 22 PA. CODE § 49.1 (RELATING TO
DEFINITIONS) SHALL NOT BE PERMITTED FOR ADMISSION INTO A
COMMONWEALTH EDUCATOR PREPARATION PROGRAM OR REQUIRED FOR
ISSUANCE BY THE DEPARTMENT OF EDUCATION FOR A CERTIFICATE TYPE
OR AREA, INCLUDING AN INSTRUCTIONAL, CAREER AND TECHNICAL,
EDUCATION SPECIALIST, EXPERIENCE-BASED OR ADMINISTRATIVE
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CERTIFICATE.
SECTION 10. SECTION 1216.1(D) OF THE ACT IS AMENDED TO READ:
SECTION 1216.1. PROFESSIONAL EDUCATOR DISCIPLINE FEE.--* * *
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR
REGULATION, AN INDIVIDUAL WHO IS A MEMBER OF THE UNITED STATES
ARMED FORCES, INCLUDING A RESERVE COMPONENT OR NATIONAL GUARD,
OR A VETERAN, OR THE SPOUSE OF THE MEMBER OF THE UNITED STATES
ARMED FORCES OR THE SPOUSE OF THE VETERAN, [SHALL] MAY NOT BE
REQUIRED TO PAY [ONLY THE FOLLOWING FEES] A FEE TO THE
DEPARTMENT WITH RESPECT TO THE INDIVIDUAL'S CERTIFICATION[:
(1) A CERTIFICATION FEE NOT TO EXCEED TEN DOLLARS ($10).
(2) A PROFESSIONAL EDUCATOR DISCIPLINE FEE NOT TO EXCEED
TWENTY-FIVE DOLLARS ($25)].
* * *
SECTION 11. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1221. CAREER AND TECHNICAL ADMINISTRATIVE DIRECTOR
CERTIFICATION FLEXIBILITY.--(A) A SCHOOL ENTITY MAY EMPLOY AN
EDUCATOR WHO HAS BEEN ISSUED A SUPERINTENDENT'S LETTER OF
ELIGIBILITY TO FILL A DIRECTOR OF CAREER AND TECHNICAL EDUCATION
ADMINISTRATOR VACANCY IF THE EDUCATOR MEETS ONE OF THE FOLLOWING
REQUIREMENTS:
(1) HAS A MINIMUM OF THREE (3) YEARS OF RELEVANT
PROFESSIONAL EXPERIENCE, INCLUDING SERVING AS A CAREER AND
TECHNICAL CENTER SUPERINTENDENT OF RECORD, IN A CAREER AND
TECHNICAL SCHOOL OR SECONDARY SCHOOL OFFERING AT LEAST THREE (3)
CAREER AND TECHNICAL EDUCATION PROGRAMS APPROVED BY THE
DEPARTMENT OF EDUCATION.
(2) COMPLETED A POSTBACCALAUREATE PROGRAM UNDER SECTION
1207.1 THAT IS APPROVED BY THE DEPARTMENT OF EDUCATION AND
PREPARES THE EDUCATOR TO DIRECT, OPERATE, SUPERVISE AND
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ADMINISTER CAREER AND TECHNICAL EDUCATION IN A SCHOOL ENTITY.
(3) AGREES TO COMPLETE A CAREER AND TECHNICAL EDUCATION
LEADERSHIP PROGRAM APPROVED BY THE DEPARTMENT OF EDUCATION THAT
MEETS THE PENNSYLVANIA SCHOOL LEADERSHIP STANDARDS UNDER SECTION
1217 WITHIN THREE (3) YEARS OF EMPLOYMENT AS A CAREER AND
TECHNICAL ADMINISTRATIVE DIRECTOR IN ACCORDANCE WITH THIS
SECTION.
(B) NOTWITHSTANDING SECTION 1207.1(D) AND 22 PA. CODE §
49.163 (RELATING TO CAREER AND TECHNICAL ADMINISTRATIVE
DIRECTOR), THE DEPARTMENT OF EDUCATION SHALL ISSUE A CAREER AND
TECHNICAL ADMINISTRATIVE DIRECTOR CERTIFICATE TO AN EDUCATOR WHO
HAS FULFILLED THREE (3) FULL AND CONSECUTIVE ACADEMIC YEARS OF
EMPLOYMENT AT THE SCHOOL ENTITY AS A CAREER AND TECHNICAL
ADMINISTRATIVE DIRECTOR IN ACCORDANCE WITH THIS SECTION AND
MEETS ONE OF THE FOLLOWING REQUIREMENTS:
(1) MEETS THE ELIGIBILITY REQUIREMENTS IN ACCORDANCE WITH
SUBSECTION (A)(1) OR (2).
(2) PROVIDES THE SECRETARY OF EDUCATION WITH EVIDENCE OF
SUCCESSFULLY COMPLETING THE CAREER AND TECHNICAL EDUCATION
LEADERSHIP PROGRAM IN ACCORDANCE WITH SUBSECTION (A)(3).
(C) THE DEPARTMENT OF EDUCATION MAY NOT IMPOSE A REQUIREMENT
BASED ON THE AMOUNT OF TIME OR PERCENTAGE OF THE ASSIGNMENT
RELATED TO SUPERVISING CAREER AND TECHNICAL EDUCATION PROGRAMS.
(D) THE PERIOD OF EMPLOYMENT AS A CAREER AND TECHNICAL
EDUCATION ADMINISTRATIVE DIRECTOR UNDER A VALID PENNSYLVANIA
CAREER AND TECHNICAL EMERGENCY PERMIT SHALL BE COUNTED BY THE
DEPARTMENT OF EDUCATION TOWARD FULFILLING THE RELEVANT
PROFESSIONAL EXPERIENCE REQUIREMENT UNDER SUBSECTION (A)(1).
(E) AN EDUCATOR EMPLOYED AS A CAREER AND TECHNICAL
ADMINISTRATIVE DIRECTOR IN ACCORDANCE WITH THIS SECTION MAY NOT
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SERVE AS A SUPERINTENDENT AT THE SAME TIME.
(F) AS USED IN THIS SECTION, THE TERM "SCHOOL ENTITY" IS
DEFINED AS AN AREA CAREER AND TECHNICAL SCHOOL OR SCHOOL
DISTRICT, CHARTER SCHOOL OR INTERMEDIATE UNIT OFFERING AT LEAST
THREE (3) CAREER AND TECHNICAL EDUCATION PROGRAMS APPROVED BY
THE DEPARTMENT OF EDUCATION.
SECTION 12. SECTION 1327.2 OF THE ACT IS AMENDED TO READ:
SECTION 1327.2. ATTENDANCE POLICY AT CHARTER, REGIONAL
CHARTER AND CYBER CHARTER SCHOOLS.--(A) EACH CHARTER, REGIONAL
CHARTER AND CYBER CHARTER SCHOOL SHALL ESTABLISH AN ATTENDANCE
POLICY DESIGNED TO ACCURATELY DETERMINE WHEN A CHILD WHO IS
ENROLLED IN A CHARTER, REGIONAL CHARTER OR CYBER CHARTER SCHOOL
HAS AN UNEXCUSED OR EXCUSED ABSENCE OR IS PRESENT FOR
INSTRUCTION, WHICH MAY DIFFER FROM THE POLICY OF THE SCHOOL
DISTRICT IN WHICH THE CHILD RESIDES. THE POLICY MUST CONFORM TO
THE PROVISIONS OF THIS ACT RELATING TO COMPULSORY ATTENDANCE.
(A.1) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (A), A
CYBER CHARTER SCHOOL SHALL INCLUDE IN ITS ATTENDANCE POLICY THE
FOLLOWING:
(1) A POLICY TO DETERMINE WHEN A CHILD HAS AN UNEXCUSED OR
EXCUSED ABSENCE OR IS PRESENT FOR SYNCHRONOUS INSTRUCTION. TO BE
PRESENT FOR SYNCHRONOUS INSTRUCTION, A CHILD MUST BE PRESENT AND
VISIBLE TO THE TEACHER ON CAMERA DURING EACH SYNCHRONOUS
INSTRUCTIONAL PERIOD FOR EACH COURSE.
(2) A PROHIBITION SPECIFYING THAT A CYBER CHARTER SCHOOL
ADMINISTRATOR OR CHIEF ADMINISTRATOR MAY NOT ALTER AN ATTENDANCE
RECORD TAKEN BY A TEACHER, UNLESS THE ALTERATION CORRECTS AN
ERROR.
(3) A POLICY TO DETERMINE WHEN A CHILD HAS AN UNEXCUSED OR
EXCUSED ABSENCE OR IS PRESENT FOR ASYNCHRONOUS INSTRUCTION. TO
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BE PRESENT FOR ASYNCHRONOUS INSTRUCTION, A CHILD MUST COMPLETE
WEEKLY BENCHMARKS. THE FOLLOWING REQUIREMENTS SHALL APPLY TO THE
WEEKLY BENCHMARKS:
(I) A CYBER CHARTER SCHOOL SHALL ESTABLISH WEEKLY BENCHMARKS
FOR STUDENTS PARTICIPATING IN ASYNCHRONOUS INSTRUCTION AND SHALL
SUBMIT THE WEEKLY BENCHMARKS TO THE DEPARTMENT FOR APPROVAL BY
JUNE 30 OF EACH YEAR FOR THE FOLLOWING SCHOOL YEAR. IF THE
DEPARTMENT HAS NOT APPROVED, DENIED OR RETURNED THE WEEKLY
BENCHMARKS WITHIN 45 DAYS, THE WEEKLY BENCHMARKS SHALL BE DEEMED
APPROVED FOR THE FOLLOWING SCHOOL YEAR.
(II) THE WEEKLY BENCHMARKS MUST BE SUFFICIENT TO DEMONSTRATE
THE STUDENT IS MAKING ADEQUATE AND CONSISTENT PROGRESS TOWARD
COMPLETION OF EACH COURSE IN WHICH THE STUDENT IS ENROLLED. THE
CYBER CHARTER SCHOOL'S ATTENDANCE POLICY SHALL DEFINE ADEQUATE
AND CONSISTENT PROGRESS AND INCLUDE THE CONSEQUENCE FOR FAILURE
TO MAKE ADEQUATE AND CONSISTENT PROGRESS.
(III) IF A STUDENT DOES NOT COMPLETE THE WEEKLY BENCHMARK,
THE STUDENT SHALL RECEIVE AN ABSENCE OR OTHER CONSEQUENCE IN
ACCORDANCE WITH THE POLICY UNDER THIS PARAGRAPH.
(B) NOTWITHSTANDING SECTION 1333.2(A), IN THE CASE OF A
CHILD ENROLLED IN A CYBER CHARTER SCHOOL THE VENUE FOR THE
FILING OF A CITATION UNDER SECTION 1333.1 SHALL BE BASED UPON
THE RESIDENCE OF THE CHILD. A CYBER CHARTER SCHOOL MAY
PARTICIPATE IN A PROCEEDING UNDER SECTIONS 1333.1, 1333.2 AND
1333.3 IN PERSON, BY TELEPHONE CONFERENCING, BY VIDEO
CONFERENCING OR BY ANY OTHER ELECTRONIC MEANS.
(C) (1) CHARTER, REGIONAL CHARTER AND CYBER CHARTER SCHOOLS
SHALL REPORT ALL UNEXCUSED ABSENCES DIRECTLY TO THE DEPARTMENT
ANNUALLY THROUGH THE PENNSYLVANIA INFORMATION MANAGEMENT SYSTEM
(PIMS).
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(2) IN ADDITION TO THE REPORTING REQUIREMENTS UNDER
PARAGRAPH (1), CYBER CHARTER SCHOOLS SHALL SUBMIT INFORMATION
RELATED TO THE COMPLETION OF THE WEEKLY BENCHMARKS ESTABLISHED
UNDER SUBSECTION (A.1)(3) ANNUALLY THROUGH PIMS AND THE
DEPARTMENT SHALL POST THE INFORMATION ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(3) FOR STUDENTS WHO HAVE BEEN FOUND TO BE TRUANT OR
HABITUALLY TRUANT, CYBER CHARTER SCHOOLS SHALL REPORT THE
INFORMATION REQUIRED UNDER PARAGRAPHS (1) AND (2) DIRECTLY TO
THE DEPARTMENT MONTHLY THROUGH PIMS.
SECTION 13. SECTION 1333(A) OF THE ACT IS AMENDED BY ADDING
PARAGRAPHS AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
SECTION 1333. PROCEDURE WHEN CHILD IS TRUANT.--(A) WHEN A
CHILD IS TRUANT, THE SCHOOL SHALL NOTIFY IN WRITING THE PERSON
IN PARENTAL RELATION WITH THE CHILD WHO RESIDES IN THE SAME
HOUSEHOLD AS THE CHILD OF THE CHILD'S VIOLATION OF COMPULSORY
SCHOOL ATTENDANCE WITHIN TEN (10) SCHOOL DAYS OF THE CHILD'S
THIRD UNEXCUSED ABSENCE. THE NOTICE:
* * *
(2.1) SHALL INCLUDE NOTICE TO THE PERSON IN PARENTAL
RELATION THAT A CHILD WHO IS HABITUALLY TRUANT MAY NOT TRANSFER,
DURING THE SCHOOL YEAR, TO A CYBER CHARTER SCHOOL UNLESS A JUDGE
DETERMINES THAT T HE TRANSFER IS IN THE BEST INTEREST OF THE
CHILD;
(2.2) SHALL INCLUDE RESOURCES AVAILABLE TO ASSIST THE CHILD
AND THE PERSON IN PARENTAL RELATION WITH RETURNING THE CHILD TO
COMPLIANT COMPULSORY SCHOOL ATTENDANCE AND OPPORTUNITIES FOR
FURTHER ACADEMIC RECOVERY IN RESPONSE TO THE TRUANT BEHAVIOR;
* * *
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(C.1) A CHILD WHO IS HABITUALLY TRUANT MAY NOT TRANSFER,
DURING THE SCHOOL YEAR, TO A CYBER CHARTER SCHOOL UNLESS A JUDGE
DETERMINES THAT THE TRANSFER IS IN THE BEST INTEREST OF THE
CHILD.
* * *
SECTION 14. SECTIONS 1333.1, 1333.2 AND 1333.3 OF THE ACT
ARE AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 1333.1. PROCEDURE BY SCHOOL WHEN CHILD HABITUALLY
TRUANT.--* * *
(D.1) AN EDUCATIONAL ENTITY IN WHICH THE CHILD IS ENROLLED
SHALL PROVIDE THE CHILD WITH A SCHOOL ATTENDANCE IMPROVEMENT
PLAN AND SHALL CONTINUE TO PURSUE REMEDIES TO THE CHILD'S
HABITUAL TRUANCY UNTIL THE CHILD IS NO LONGER TRUANT OR IS NO
LONGER OF COMPULSORY SCHOOL AGE, REGARDLESS OF WHETHER THE CHILD
WAS ENROLLED AT THE CURRENT EDUCATIONAL ENTITY OR ANOTHER
EDUCATIONAL ENTITY AT THE TIME OF TRUANCY.
* * *
SECTION 1333.2. PROCEDURE UPON FILING OF CITATION.--* * *
(I) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
ABILITY OF A JUDGE TO ENTER A SENTENCE AFTER THE COMPLETION OF
THE SCHOOL YEAR IN WHICH THE CHILD WAS HABITUALLY TRUANT,
PROVIDED THAT THE PENALTIES FOR A SENTENCE SHALL BE LIMITED TO
THOSE SPECIFIED IN SECTION 1333.3(A)(2) AND (3).
SECTION 1333.3. PENALTIES FOR VIOLATING COMPULSORY SCHOOL
ATTENDANCE REQUIREMENTS.--* * *
(I) AT THE TIME OF CONVICTION OF A CHILD FOR A VIOLATION OF
THE REQUIREMENTS OF COMPULSORY SCHOOL ATTENDANCE UNDER THIS
ARTICLE, THE COURT SHALL MAKE A DETERMINATION ON THE ABILITY OF
THE CHILD TO TRANSFER TO A CYBER CHARTER SCHOOL IN ACCORDANCE
WITH SECTION 1333(C.1).
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(J) THE COURT SHALL RETAIN JURISDICTION OF THE MATTER
INSOFAR AS IT RELATES TO THE COMPLETION OF COMMUNITY SERVICE, A
COURSE, PROGRAM OR PLAN BY THE STUDENT AS PROVIDED IN SUBSECTION
(A)(2) OR (3) OR (B), IF APPLICABLE. UPON COMPLETION OF THE
COMMUNITY SERVICE, COURSE, PROGRAM OR PLAN, THE COURT'S
JURISDICTION IS RELINQUISHED.
SECTION 15. SECTION 1333.4 OF THE ACT IS AMENDED TO READ:
SECTION 1333.4. STUDY OF TRUANCY PROCEDURE.--(A) FIVE (5)
YEARS AFTER COMMENCEMENT OF THE FIRST SCHOOL YEAR TO WHICH
SECTION 1333 APPLIES, AND AT REGULAR INTERVALS NOT TO EXCEED
EVERY FIVE (5) YEARS THEREAFTER, THE JOINT STATE GOVERNMENT
COMMISSION SHALL UNDERTAKE A STUDY OF THE PROCEDURES FOR HOW A
SCHOOL HANDLES CHILDREN WHO ARE TRUANT AND HABITUALLY TRUANT AND
EVALUATE THE EFFECTIVENESS OF THE PROCEDURES IN IMPROVING SCHOOL
ATTENDANCE AND WHETHER THE PROCEDURES SHOULD BE REVISED,
INCLUDING TO REQUIRE COURT INVOLVEMENT SOONER IN CERTAIN TRUANCY
CASES[.] AND A SUMMARY OF CHANGES IN TRUANCY PROCEDURE AND
PRACTICE WITHIN THIS COMMONWEALTH SINCE THE PREVIOUS REPORT
ISSUED BY THE JOINT STATE GOVERNMENT COMMISSION.
(B) THE JOINT STATE GOVERNMENT COMMISSION SHALL ESTABLISH AN
ADVISORY COMMITTEE THAT MAY INCLUDE REPRESENTATIVES OF THE
DEPARTMENT OF EDUCATION, EDUCATIONAL ENTITIES AND ORGANIZATIONS,
INCLUDING CYBER CHARTER SCHOOLS, THE JUDICIARY, DISTRICT
ATTORNEYS, LAW ENFORCEMENT, PUBLIC ORGANIZATIONS INVOLVED IN
TRUANCY ISSUES, REPRESENTATIVES OF COUNTY CHILDREN AND YOUTH
AGENCIES AND JUVENILE JUSTICE AGENCIES AND OTHER ORGANIZATIONS
SELECTED BY THE JOINT STATE GOVERNMENT COMMISSION TO CONSULT
WITH THE JOINT STATE GOVERNMENT COMMISSION IN CONDUCTING THE
STUDY.
(C) THE JOINT STATE GOVERNMENT COMMISSION SHALL HOLD
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INFORMATIONAL MEETINGS TO RECEIVE TESTIMONY FROM PROFESSIONALS
OR ORGANIZATIONS WITH EXPERTISE IN TRUANCY AND TRUANCY
PREVENTION.
(D) THE JOINT STATE GOVERNMENT COMMISSION SHALL ISSUE A
REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE EDUCATION
COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF THE HOUSE
OF REPRESENTATIVES NOT LATER THAN TWELVE (12) MONTHS AFTER
UNDERTAKING [THE] EACH STUDY.
SECTION 16. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1333.5. DEPARTMENT SUPPORTS TO PREVENT TRUANCY.--THE
DEPARTMENT, IN COORDINATION WITH THE DEPARTMENT OF HUMAN
SERVICES, SHALL DEVELOP BEST PRACTICES FOR STUDENT SUPPORTS TO
PREVENT TRUANCY AND HABITUAL TRUANCY.
SECTION 17. SECTION 1339 OF THE ACT IS AMENDED TO READ:
SECTION 1339. REPORTS TO [SUPERINTENDENT OF PUBLIC
INSTRUCTION.--EVERY SCHOOL DISTRICT] SECRETARY OF EDUCATION.--
(A) EVERY EDUCATIONAL ENTITY SHALL REPORT TO THE
[SUPERINTENDENT OF PUBLIC INSTRUCTION UPON THE] SECRETARY OF
EDUCATION INFORMATION RELATED TO STUDENT ATTENDANCE AND
ENFORCEMENT OF THE PROVISIONS FOR COMPULSORY ATTENDANCE AND THE
COST THEREOF, IN SUCH DETAIL AS [SAID SUPERINTENDENT OF PUBLIC
INSTRUCTION SHALL REQUEST.] REQUESTED BY THE DEPARTMENT. THE
DEPARTMENT SHALL POST QUARTERLY REPORTS ON ITS PUBLICLY
ACCESSIBLE INTERNET WEBSITE, RELATED TO THE ENFORCEMENT OF
COMPULSORY ATTENDANCE, WHICH SHALL CONTAIN ALL THE INFORMATION
REQUIRED TO BE PROVIDED TO THE DEPARTMENT UNDER THIS ARTICLE.
INFORMATION SHALL BE REPORTED AND POSTED IN A MANNER CONSISTENT
WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974
(PUBLIC LAW 90-247, 20 U.S.C. § 1232G).
(B) A SCHOOL ADMINISTRATOR, EMPLOYE OR REPRESENTATIVE OF AN
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EDUCATIONAL ENTITY WHO KNOWINGLY FALSIFIES A REPORT OR DATA
SUBMITTED TO THE DEPARTMENT UNDER SUBSECTION (A) SHALL BE GUILTY
OF A MISDEMEANOR OF THE THIRD DEGREE.
SECTION 18. SECTION 1372(8) OF THE ACT IS AMENDED BY ADDING
A SUBPARAGRAPH TO READ:
SECTION 1372. EXCEPTIONAL CHILDREN; EDUCATION AND
TRAINING.--* * *
(8) REPORTING OF EXPENDITURES RELATING TO EXCEPTIONAL
STUDENTS.
* * *
(VI) FOR PURPOSES OF REPORTING EXPENDITURES UNDER THIS
SECTION AND FOR CALCULATING THE COSTS FOR EDUCATING A SPECIAL
EDUCATION STUDENT, COSTS SHALL BE IN ACCORDANCE WITH DEPARTMENT
OF EDUCATION GUIDANCE AND SHALL INCLUDE THE FOLLOWING:
(A) ELIGIBLE INSTRUCTION COSTS PER SPECIAL EDUCATION STUDENT
WHEN SPECIFIED IN THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM
SHALL INCLUDE:
(I) PRORATED SALARY AND BENEFITS FOR A CLASSROOM SPECIAL
EDUCATION TEACHER.
(II) PRORATED SALARY AND BENEFITS FOR A CLASSROOM AIDE, IF
THE AIDE IS ASSIGNED TO A GROUP OF STUDENTS.
(III) TOTAL COST OF SALARY AND BENEFITS IF A
PARAPROFESSIONAL OR ONE-ON-ONE AIDE IS ASSIGNED TO THE STUDENT.
(B) ELIGIBLE RELATED SERVICES COSTS PER SPECIAL EDUCATION
STUDENT WHEN SPECIFIED IN THE STUDENT'S INDIVIDUALIZED EDUCATION
PROGRAM SHALL INCLUDE:
(I) PRORATED TRANSPORTATION COST IF THE VEHICLE IS
TRANSPORTING MULTIPLE STUDENTS AT ONE TIME.
(II) TOTAL TRANSPORTATION COST IF THE VEHICLE IS
TRANSPORTING ONLY THE STUDENT RECEIVING SERVICES.
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(III) PRORATED COST OF SPEECH AND LANGUAGE SERVICES IF
SERVICES ARE PROVIDED TO A GROUP OF STUDENTS.
(IV) TOTAL COST OF SPEECH AND LANGUAGE SERVICES IF SERVICES
ARE PROVIDED TO THE STUDENT RECEIVING SERVICES.
(V) TOTAL COST OF INDIVIDUAL SERVICES, INCLUDING
OCCUPATIONAL THERAPY, PHYSICAL THERAPY, VISION SERVICES, HEARING
SERVICES, ORIENTATION AND MOBILITY AND RELATED SERVICES.
(VI) PRORATED COST OF SCHOOL NURSING SERVICES IF SERVICES
ARE PROVIDED TO A GROUP OF STUDENTS.
(VII) TOTAL COST OF A ONE-ON-ONE NURSE IF THE NURSE IS
ASSIGNED TO A STUDENT RECEIVING SERVICES.
(C) ELIGIBLE SPECIALIZED EQUIPMENT COSTS PER SPECIAL
EDUCATION STUDENT WHEN SPECIFIED IN THE STUDENT'S INDIVIDUALIZED
EDUCATION PROGRAM SHALL INCLUDE:
(I) TOTAL COST OF BRAILLE MATERIALS FOR THE STUDENT
RECEIVING SERVICES.
(II) TOTAL COST OF ASSISTIVE TECHNOLOGY FOR THE STUDENT
RECEIVING SERVICES.
(III) TOTAL COST OF OTHER EQUIPMENT FOR THE STUDENT
RECEIVING SERVICES.
(D) INELIGIBLE COSTS THAT MAY NOT BE USED IN THE CALCULATION
INCLUDE:
(I) ADMINISTRATIVE COSTS.
(II) NONSPECIALIZED TRANSPORTATION COSTS.
(III) GENERAL EDUCATION COSTS, WHICH ARE NOT APPLICABLE TO
SPECIAL EDUCATION SERVICES.
SECTION 19. THE DEFINITION OF "CHIEF SCHOOL ADMINISTRATOR"
IN SECTION 1301-A OF THE ACT IS AMENDED TO READ:
SECTION 1301-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
"CHIEF SCHOOL ADMINISTRATOR" SHALL MEAN THE SUPERINTENDENT OF
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A PUBLIC SCHOOL DISTRICT, SUPERINTENDENT OF AN AREA CAREER AND
TECHNICAL SCHOOL, EXECUTIVE DIRECTOR OF AN INTERMEDIATE UNIT OR
CHIEF [EXECUTIVE OFFICER] ADMINISTRATOR OF A CHARTER SCHOOL.
* * *
SECTION 20. THE DEFINITION OF "CHIEF SCHOOL ADMINISTRATOR"
IN SECTION 1301-B OF THE ACT IS AMENDED TO READ:
SECTION 1301-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANING GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"CHIEF SCHOOL ADMINISTRATOR." THE SUPERINTENDENT OF A PUBLIC
SCHOOL DISTRICT, SUPERINTENDENT OF AN AREA CAREER AND TECHNICAL
SCHOOL, EXECUTIVE DIRECTOR OF AN INTERMEDIATE UNIT OR CHIEF
[EXECUTIVE OFFICER] ADMINISTRATOR OF A CHARTER SCHOOL.
* * *
SECTION 21. SECTION 1302-B(I) AND (J)(1)(I) OF THE ACT ARE
AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH TO
READ:
SECTION 1302-B. SCHOOL SAFETY AND SECURITY COMMITTEE.
* * *
(B) COMPOSITION.--THE COMMITTEE SHALL CONSIST OF A
CHAIRPERSON AND THE FOLLOWING MEMBERS:
* * *
(13) A RECOGNIZED SUBJECT MATTER EXPERT IN CYBER
SECURITY APPOINTED BY THE GOVERNOR FROM THREE NAMES SUBMITTED
JOINTLY BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL BE
NONVOTING.
* * *
(I) COOPERATION.--[THE] IN COOPERATION WITH THE COMMITTEE,
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THE COMMISSION SHALL [COOPERATE WITH THE COMMITTEE TO] ESTABLISH
AN OFFICE OF SCHOOL SAFETY AND SECURITY AND SHALL SELECT STAFF
TO BE EMPLOYED BY THE COMMISSION AND ASSIGNED TO ASSIST THE
COMMITTEE IN CARRYING OUT ITS DUTIES.
(J) EXECUTIVE COMMITTEE.--
(1) THE COMMITTEE SHALL ESTABLISH AN EXECUTIVE COMMITTEE
WHICH SHALL MEET, AT A MINIMUM, EVERY TWO MONTHS TO IDENTIFY
AND REVIEW CURRENT AND EMERGING SCHOOL SAFETY ISSUES,
INCLUDING, BUT NOT LIMITED TO:
(I) DATA ON ISSUES AND INCIDENTS REPORTED THROUGH
THE SAFE2SAY SOMETHING PROGRAM;
* * *
SECTION 22. SECTION 1304-B OF THE ACT IS AMENDED BY ADDING
SUBSECTIONS TO READ:
SECTION 1304-B. SCHOOL SAFETY AND SECURITY ASSESSMENT
PROVIDERS.
* * *
(D) REVIEW OF REGISTERED ASSESSMENT PROVIDERS.--ANNUALLY,
THE COMMITTEE SHALL SELECT A SAMPLE OF ACTIVE REGISTERED SCHOOL
SAFETY AND SECURITY ASSESSMENT PROVIDERS TO SUBMIT A COMPLETED
ASSESSMENT FOR REVIEW. THE COMMITTEE SHALL ENSURE THAT ALL
REGISTERED SCHOOL SAFETY AND SECURITY PROVIDERS ARE REVIEWED
EVERY THREE YEARS. THE REGISTERED PROVIDER MAY BE REQUIRED TO
CORRECT DEFICIENCIES IDENTIFIED IN ASSESSMENT MATERIALS.
(E) REMOVAL.--REGISTERED PROVIDERS MAY BE REMOVED FROM THE
REGISTERED PROVIDER LIST IF THE ASSESSORS ARE UNRESPONSIVE OR
INACTIVE OR IF THE ASSESSMENT MATERIALS ARE DETERMINED TO BE
INCONSISTENT WITH THE APPROVED ASSESSMENT CRITERIA UNDER SECTION
1303-B.
SECTION 23. SECTION 1306-B(H)(4) OF THE ACT IS AMENDED AND
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SUBSECTIONS (H) AND (J) ARE AMENDED BY ADDING PARAGRAPHS TO
READ:
SECTION 1306-B. SCHOOL SAFETY AND SECURITY GRANT PROGRAM.
* * *
(H) SCHOOL SAFETY AND SECURITY FUND.--
* * *
(4) THE FUND MAY ONLY BE USED FOR THE GRANT PROGRAMS
AUTHORIZED UNDER THIS ARTICLE AND NO MONEY IN THE FUND MAY BE
TRANSFERRED OR DIVERTED TO ANY OTHER PURPOSE BY
ADMINISTRATIVE ACTION[.], EXCEPT THAT THE COMMITTEE MAY
ANNUALLY AUTHORIZE THE USE OF UNEXPENDED, UNCOMMITTED OR
UNENCUMBERED MONEY IN THE FUND TO BE USED FOR ADMINISTRATIVE
COSTS OF THE COMMISSION ASSOCIATED WITH CARRYING OUT THE
DUTIES UNDER THIS ARTICLE, INCLUDING FULFILLING TRAINING
REQUIREMENTS UNDER THIS ARTICLE AND ARTICLES XIII-C AND XIII-
E.
* * *
(14) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, DURING
THE 2025-2026 FISCAL YEAR, MONEY IN THE FUND SHALL BE USED AS
FOLLOWS:
(I) ONE HUNDRED MILLION DOLLARS SHALL BE USED FOR
SCHOOL SAFETY AND MENTAL HEALTH GRANTS UNDER SECTION
1314.2-B.
(II) TWENTY MILLION SEVEN HUNDRED THOUSAND DOLLARS
SHALL BE USED FOR TARGETED SCHOOL SAFETY GRANTS UNDER
SECTION 1306.1-B.
* * *
(J) SPECIFIC PURPOSES.--THE COMMITTEE SHALL PROVIDE GRANTS
TO SCHOOL ENTITIES FOR PROGRAMS THAT ADDRESS SCHOOL MENTAL
HEALTH AND SAFETY AND SECURITY, INCLUDING:
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* * *
(32) ESTABLISHING, ENHANCING OR PROMOTING CYBERSECURITY
MEASURES, INCLUDING:
(I) INTERNAL AND EXTERNAL PENETRATION TESTING.
(II) ENHANCING PROGRAMS AIMED AT CYBERSECURITY AND
RISK MANAGEMENT.
(III) COORDINATING OR ENHANCING PARTNERSHIPS WITH
LOCAL LAW ENFORCEMENT AGENCIES.
(IV) FORMING CYBERSECURITY BREACH REACTION PLANS IN
ACCORDANCE WITH FEDERAL, STATE AND LOCAL CYBERSECURITY
AND DATA SECURITY GUIDELINES.
(V) COLLABORATION WITH APPROVED THIRD-PARTY VENDORS
IN CONDUCTING CYBERSECURITY PROTECTION, INTERNAL AND
EXTERNAL PENETRATION TESTING AND VULNERABILITY
ASSESSMENT.
(VI) ESTABLISHMENT OF CYBERSECURITY PROTOCOLS
ASSOCIATED WITH THE USE OF THIRD-PARTY PROVIDERS.
(VII) OTHER RECOMMENDATIONS MADE TO REMEDY
CYBERSECURITY VULNERABILITIES FOUND BY THIRD-PARTY
PROVIDERS.
* * *
SECTION 24. SECTION 1309-B(D) OF THE ACT IS AMENDED,
SUBSECTION (C)(5.1)(III) IS AMENDED BY ADDING A CLAUSE AND
SUBSECTION (C) IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1309-B. SCHOOL SAFETY AND SECURITY COORDINATOR.
* * *
(C) SPECIFIC DUTIES.--THE SCHOOL SAFETY AND SECURITY
COORDINATOR SHALL:
* * *
(3.1) COORDINATE SCHOOL SAFETY AND SECURITY MEETINGS
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WITH SCHOOL AND BUILDING LEADERSHIP, AT LEAST QUARTERLY.
* * *
(5.1) NO LATER THAN JUNE 30, 2025, AND EACH JUNE 30
THEREAFTER, MAKE A REPORT TO THE SCHOOL ENTITY'S BOARD OF
DIRECTORS ON THE SCHOOL ENTITY'S CURRENT SCHOOL SECURITY
PERSONNEL. THE FOLLOWING APPLY:
* * *
(III) EACH REPORT SHALL INCLUDE:
* * *
(F) BEGINNING JUNE 30, 2026, AND EACH JUNE 30
THEREAFTER, AN ATTENDANCE REPORT OF SCHOOL AND
BUILDING PERSONNEL PRESENT AT SCHOOL SAFETY AND
SECURITY MEETINGS, INCLUDING YEARLY ATTENDANCE
TOTALS.
* * *
(D) TRAINING REQUIRED.--
(1) SCHOOL ADMINISTRATORS APPOINTED AS SCHOOL SAFETY AND
SECURITY COORDINATORS SHALL COMPLETE THE SEVEN HOURS OF
TRAINING REQUIRED UNDER SECTION 1316-B WITHIN ONE YEAR [FROM
THE TIME THE FIRST TRAININGS THAT MEET THE CRITERIA ARE
POSTED BY THE COMMITTEE] OF APPOINTMENT.
(2) SCHOOL ADMINISTRATORS APPOINTED AS SAFETY AND
SECURITY COORDINATORS [AFTER TRAININGS ARE POSTED SHALL
COMPLETE THE TRAINING WITHIN ONE YEAR OF APPOINTMENT] SHALL
COMPLETE ANY ADDITIONAL CONTINUING EDUCATION REQUIREMENTS AS
ADOPTED BY THE COMMITTEE.
SECTION 25. SECTION 1310-B(A) INTRODUCTORY PARAGRAPH OF THE
ACT IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION
TO READ:
SECTION 1310-B. SCHOOL SAFETY AND SECURITY TRAINING.
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(A) SCHOOL ENTITY DUTIES.--SCHOOL ENTITIES, IN CONSULTATION
WITH THE SCHOOL SAFETY AND SECURITY COORDINATOR, SHALL PROVIDE
THEIR EMPLOYEES WITH MANDATORY TRAINING ON SCHOOL SAFETY AND
SECURITY SUBJECT TO THE FOLLOWING BASED ON THE NEEDS OF THE
SCHOOL ENTITY:
* * *
(A.2) INPUT.--ANNUALLY, THE SCHOOL SAFETY AND SECURITY
COORDINATOR SHALL MEET WITH SCHOOL EMPLOYEES FOR INPUT ON THE
TRAINING FOR THE SCHOOL ENTITY UNDER SUBSECTION (A).
* * *
SECTION 26. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1314.2-B. SCHOOL SAFETY AND MENTAL HEALTH GRANTS FOR
2025-2026 SCHOOL YEAR.
(A) FUNDING.--FOR THE 2025-2026 SCHOOL YEAR, THE MONEY UNDER
SECTION 1306-B(H)(14)(I) SHALL BE USED BY THE COMMITTEE TO AWARD
SCHOOL SAFETY AND MENTAL HEALTH GRANTS TO SCHOOL ENTITIES IN
ACCORDANCE WITH THIS SECTION.
(B) PURPOSE OF GRANTS.--
(1) A SCHOOL ENTITY SHALL BE ELIGIBLE FOR SCHOOL SAFETY
AND MENTAL HEALTH GRANTS TO MEET THE LEVEL 1 BASELINE
CRITERIA FOR PHYSICAL SECURITY OR BEHAVIORAL HEALTH AND
SCHOOL CLIMATE CRITERIA ESTABLISHED BY THE COMMITTEE.
(2) IF A SCHOOL ENTITY HAS MET THE LEVEL 1 BASELINE
CRITERIA FOR PHYSICAL SECURITY, THE SCHOOL ENTITY SHALL BE
ELIGIBLE TO EXPEND FUNDING FOR ACTIVITIES OUTLINED IN SECTION
1306-B(J)(1), (2), (3), (4), (5), (7), (8), (9), (11), (12),
(13), (14), (16), (18), (22), (23) AND (32).
(3) IF A SCHOOL ENTITY HAS MET THE LEVEL 1 BASELINE
CRITERIA FOR BEHAVIORAL HEALTH AND SCHOOL CLIMATE, THE SCHOOL
ENTITY SHALL BE ELIGIBLE TO EXPEND FUNDING FOR ACTIVITIES
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OUTLINED IN SECTION 1306-B(J)(6), (10), (15), (17), (19),
(20), (21), (23), (24), (25), (26), (27), (28), (29), (30)
AND (31).
(C) AMOUNT OF GRANTS.--THE COMMITTEE SHALL AWARD SCHOOL
SAFETY AND MENTAL HEALTH GRANTS TO EACH SCHOOL ENTITY THAT
SUBMITS AN APPLICATION IN THE FOLLOWING AMOUNTS:
(1) A SCHOOL DISTRICT SHALL RECEIVE:
(I) $100,000; AND
(II) THE AMOUNT DETERMINED UNDER PARAGRAPH (3).
(2) AN INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL
SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL AND CYBER
CHARTER SCHOOL SHALL RECEIVE $70,000.
(3) AN AMOUNT DETERMINED AS FOLLOWS:
(I) MULTIPLY THE 2023-2024 ADJUSTED AVERAGE DAILY
MEMBERSHIP FOR EACH SCHOOL DISTRICT BY THE DIFFERENCE
BETWEEN THE AMOUNT ALLOCATED IN SUBSECTION (A) AND THE
SUM OF THE AMOUNTS DISTRIBUTED UNDER PARAGRAPHS (1) AND
(2).
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
2023-2024 ADJUSTED AVERAGE DAILY MEMBERSHIP FOR ALL
SCHOOL DISTRICTS.
(D) AVAILABILITY OF APPLICATIONS.--THE COMMITTEE SHALL MAKE
AN APPLICATION FOR GRANTS UNDER THIS SECTION AVAILABLE TO SCHOOL
ENTITIES NO LATER THAN 45 DAYS AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION. THE APPLICATION REQUIREMENTS SHALL BE LIMITED TO THE
SCHOOL ENTITY'S CONTACT INFORMATION, THE SPECIFIC PURPOSE OF THE
GRANT BASED UPON THE CATEGORIES SPECIFIED IN SUBSECTION (B),
WITH BOXES ON THE APPLICATION FOR THE APPLICANT TO INDICATE THE
SCHOOL ENTITY'S ANTICIPATED USE AND CERTIFICATION BY THE
APPLICANT THAT THE MONEY WILL BE USED FOR THE STATED PURPOSE.
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(E) EFFECT OF REVENUE RECEIVED.--GRANT MONEY RECEIVED UNDER
THIS SECTION MAY NOT BE INCLUDED WHEN CALCULATING THE AMOUNT TO
BE PAID UNDER SECTION 1725-A.
(F) AUDIT AND MONITORING.--THE COMMITTEE SHALL RANDOMLY
AUDIT AND MONITOR GRANT RECIPIENTS TO ENSURE THE APPROPRIATE USE
OF GRANT MONEY AND COMPLIANCE WITH PROVISIONS OF THE GRANT
PROGRAM.
(G) DEFINITION.--AS USED IN THIS SECTION, THE TERM "SCHOOL
ENTITY" MEANS A SCHOOL DISTRICT, AREA CAREER AND TECHNICAL
SCHOOL, INTERMEDIATE UNIT, CHARTER SCHOOL, REGIONAL CHARTER
SCHOOL AND CYBER CHARTER SCHOOL.
SECTION 27. SECTION 1319-B(F) OF THE ACT IS AMENDED AND
SUBSECTION (D) IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1319-B. REPORTING AND MEMORANDUM OF UNDERSTANDING.
* * *
(D) ADVISORY COMMITTEE.--A CHIEF SCHOOL ADMINISTRATOR SHALL
FORM AN ADVISORY COMMITTEE COMPOSED OF RELEVANT SCHOOL STAFF,
INCLUDING, BUT NOT LIMITED TO, PRINCIPALS, SECURITY PERSONNEL,
SCHOOL SAFETY AND SECURITY COORDINATOR, EMERGENCY SERVICES
PERSONNEL, SCHOOL SECURITY PERSONNEL, GUIDANCE COUNSELORS AND
SPECIAL EDUCATION ADMINISTRATORS TO ASSIST IN THE DEVELOPMENT OF
A MEMORANDUM OF UNDERSTANDING UNDER THIS SECTION. IN
CONSULTATION WITH THE ADVISORY COMMITTEE, THE CHIEF SCHOOL
ADMINISTRATOR SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH LAW ENFORCEMENT AGENCIES HAVING JURISDICTION OVER SCHOOL
PROPERTY OF THE SCHOOL ENTITY. THE CHIEF SCHOOL ADMINISTRATOR
SHALL SUBMIT A COPY OF THE MEMORANDUM OF UNDERSTANDING TO THE
DEPARTMENT BY JUNE 30, 2024, AND BIENNIALLY UPDATE AND RE-
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LAW ENFORCEMENT AND
FILE THE MEMORANDUM WITH THE DEPARTMENT ON A BIENNIAL BASIS. THE
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MEMORANDUM OF UNDERSTANDING SHALL BE SIGNED BY THE CHIEF SCHOOL
ADMINISTRATOR, THE CHIEF OF POLICE OF THE LAW ENFORCEMENT AGENCY
WITH JURISDICTION OVER THE RELEVANT SCHOOL PROPERTY AND
PRINCIPALS OF EACH SCHOOL BUILDING OF THE SCHOOL ENTITY. THE
MEMORANDUM OF UNDERSTANDING SHALL COMPLY WITH THE REGULATIONS
PROMULGATED UNDER SECTION 1306.2-B AND SHALL ALSO INCLUDE:
* * *
(4) A PROCEDURE FOR TIMELY COORDINATION BETWEEN THE
SCHOOL ENTITY'S THREAT ASSESSMENT TEAM AND THE LAW
ENFORCEMENT AGENCY, IF NECESSARY, PURSUANT TO SECTION 1302-E.
* * *
(F) NONCOMPLIANCE.--IF A SCHOOL ENTITY OR LAW ENFORCEMENT
AGENCY FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION, THE
SCHOOL ENTITY OR LAW ENFORCEMENT AGENCY MAY NOT BE AWARDED ANY
GRANT ADMINISTERED BY THE COMMITTEE UNTIL SUCH TIME AS THE
SCHOOL ENTITY OR LAW ENFORCEMENT AGENCY HAS COMPLIED WITH THIS
SECTION. NO LATER THAN SEPTEMBER 1 OF EACH YEAR, THE DEPARTMENT
SHALL PROVIDE THE COMMITTEE WITH A LIST OF SCHOOL ENTITIES THAT
HAVE NOT REPORTED INFORMATION UNDER THIS SECTION TO THE
DEPARTMENT.
* * *
SECTION 28. SECTIONS 1305-C(A)(2)(I), 1313-C(A.1)(1), 1314-
C(B)(1) AND 1315-C(1), ARTICLE XIII-D HEADING AND SECTION 1301-
D(3), (4), (5) AND (6) OF THE ACT ARE AMENDED TO READ:
SECTION 1305-C. TRAINING.
(A) GENERAL RULE.--A SCHOOL POLICE OFFICER WHO HAS BEEN
GRANTED POWERS UNDER SECTION 1306-C(A)(3) OR (B) OR HAS BEEN
AUTHORIZED TO CARRY A FIREARM MUST, BEFORE ENTERING UPON THE
DUTIES OF THE OFFICE, SATISFY THE FOLLOWING:
* * *
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(2) (I) SUCCESSFULLY COMPLETE [THE BASIC SCHOOL
RESOURCE OFFICER COURSE OFFERED BY THE NATIONAL
ASSOCIATION OF SCHOOL RESOURCE OFFICERS OR AN EQUIVALENT
COURSE OF INSTRUCTION APPROVED BY THE COMMISSION.]
TRAINING FOR SCHOOL SECURITY PERSONNEL IN ACCORDANCE WITH
THE STANDARDS APPROVED BY THE COMMISSION AND WITH A
PROVIDER APPROVED IN ACCORDANCE WITH SECTION 1315-C.
* * *
SECTION 1313-C. SCHOOL RESOURCE OFFICERS.
* * *
(A.1) TRAINING.--
(1) PRIOR TO ENTERING UPON THE DUTIES OF THE OFFICE, A
SCHOOL RESOURCE OFFICER SHALL SUCCESSFULLY COMPLETE [THE
BASIC SCHOOL RESOURCE OFFICER COURSE OFFERED BY THE NATIONAL
ASSOCIATION OF SCHOOL RESOURCE OFFICERS OR AN EQUIVALENT
COURSE OF INSTRUCTION APPROVED BY THE COMMISSION.] TRAINING
FOR SCHOOL SECURITY PERSONNEL IN ACCORDANCE WITH THE
STANDARDS APPROVED BY THE COMMISSION AND WITH A PROVIDER
APPROVED IN ACCORDANCE WITH SECTION 1315-C.
* * *
SECTION 1314-C. SCHOOL SECURITY GUARDS.
* * *
(B) TRAINING.--THE FOLLOWING SHALL APPLY:
(1) PRIOR TO ENTERING UPON THE DUTIES OF THE OFFICE, A
SCHOOL SECURITY GUARD SHALL SUCCESSFULLY COMPLETE [THE BASIC
SCHOOL RESOURCE OFFICER COURSE OFFERED BY THE NATIONAL
ASSOCIATION OF SCHOOL RESOURCE OFFICERS OR AN EQUIVALENT
COURSE OF INSTRUCTION APPROVED BY THE COMMISSION.] TRAINING
FOR SCHOOL SECURITY PERSONNEL IN ACCORDANCE WITH THE
STANDARDS APPROVED BY THE COMMISSION AND WITH A PROVIDER
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APPROVED IN ACCORDANCE WITH SECTION 1315-C.
* * *
SECTION 1315-C. DUTIES OF COMMISSION.
THE COMMISSION SHALL HAVE THE FOLLOWING DUTIES UNDER THIS
ARTICLE:
(1) [IN CONJUNCTION WITH THE DEPARTMENT AND THE
PENNSYLVANIA STATE POLICE, PERIODICALLY REASSESS THE TRAINING
REQUIREMENTS FOR ALL SCHOOL SECURITY PERSONNEL, INCLUDING THE
BASIC SCHOOL RESOURCE OFFICER COURSE OFFERED BY THE NATIONAL
ASSOCIATION OF SCHOOL RESOURCE OFFICERS.] THE FOLLOWING:
(I) IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION
AND THE PENNSYLVANIA STATE POLICE, ADOPT MINIMUM
STANDARDS FOR TRAINING OF SCHOOL SECURITY PERSONNEL WHO
WILL PROVIDE SCHOOL SECURITY SERVICES IN SCHOOL ENTITIES
AND NONPUBLIC SCHOOLS. THE STANDARDS SHALL INCORPORATE
THE SUBJECTS INCLUDED IN THE BASIC SCHOOL RESOURCE
OFFICER COURSE OFFERED BY THE NATIONAL ASSOCIATION OF
SCHOOL RESOURCE OFFICERS AND SUBJECTS SPECIFIC TO
PENNSYLVANIA LAW. THE COMMISSION MAY APPROVE GROUPS,
ORGANIZATIONS OR OTHER ENTITIES TO PROVIDE TRAINING UNDER
THIS PARAGRAPH.
(II) THE COMMISSION, IN CONJUNCTION WITH THE
DEPARTMENT OF EDUCATION AND THE PENNSYLVANIA STATE
POLICE, SHALL PERIODICALLY REASSESS THE STANDARDS AND
TRAINING REQUIREMENTS FOR ALL SCHOOL SECURITY PERSONNEL.
* * *
ARTICLE XIII-D
SAFE2SAY SOMETHING PROGRAM
SECTION 1301-D. INTENT.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
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* * *
(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
SAFE2SAY SOMETHING PROGRAM BE A ONE-STOP SHOP FOR STUDENTS,
TEACHERS AND COMMUNITY MEMBERS TO REPORT BEHAVIOR PERCEIVED
TO BE THREATENING TO AN INDIVIDUAL OR A SCHOOL ENTITY.
REPORTS MADE THROUGH THE ANONYMOUS REPORTING SYSTEM WILL BE
REFERRED TO LOCAL SCHOOLS, LAW ENFORCEMENT AND/OR
ORGANIZATIONS.
(4) THE INTENT OF THE GENERAL ASSEMBLY IS FOR THE
SAFE2SAY SOMETHING PROGRAM TO SUPPLEMENT, NOT REPLACE, 911
SERVICES. THE SAFE2SAY SOMETHING PROGRAM IS INTENDED TO
FACILITATE INCREASED COMMUNICATION BETWEEN LAW ENFORCEMENT,
SCHOOL DISTRICTS AND ORGANIZATIONS.
(5) IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY THAT
THE SAFE2SAY SOMETHING PROGRAM BE USED AS A DISCIPLINARY TOOL
FOR SCHOOL EMPLOYEES. HOWEVER, THERE MAY BE INSTANCES WHERE
INFORMATION OBTAINED THROUGH THE PROGRAM MAY BE SHARED WITH
AND USED BY SCHOOL OFFICIALS.
(6) THE SAFE2SAY SOMETHING PROGRAM IS NOT MEANT TO BE A
TOOL FOR LAW ENFORCEMENT. HOWEVER, THERE MAY BE INSTANCES
WHERE INFORMATION OBTAINED THROUGH THE PROGRAM MAY BE SHARED
WITH AND USED BY LAW ENFORCEMENT.
SECTION 29. THE DEFINITION OF "PROGRAM" IN SECTION 1302-D OF
THE ACT IS AMENDED TO READ:
SECTION 1302-D. 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:
* * *
"PROGRAM." THE SAFE2SAY SOMETHING PROGRAM ESTABLISHED UNDER
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SECTION 1303-D(A).
* * *
SECTION 30. SECTION 1303-D HEADING, (A) AND (D) OF THE ACT
ARE AMENDED, SUBSECTION (C) IS AMENDED BY ADDING PARAGRAPHS AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1303-D. SAFE2SAY SOMETHING PROGRAM.
(A) ESTABLISHMENT.--THE SAFE2SAY SOMETHING PROGRAM IS
ESTABLISHED WITHIN THE OFFICE.
* * *
(C) PROGRAM REQUIREMENTS.--BEGINNING JANUARY 14, 2019, THE
PROGRAM SHALL BE RESPONSIBLE FOR THE FOLLOWING:
* * *
(11) TO DEVELOP A TRAINING PROGRAM FOR SCHOOL PERSONNEL
ON THE PROGRAM WHICH, AT A MINIMUM, SHOULD INCLUDE TRAINING
ON RECEIVING, RESPONDING TO AND DISPOSING OF A REPORT. THE
OFFICE MAY PARTNER WITH A THIRD PARTY TO DEVELOP THE TRAINING
PROGRAM. THE TRAINING PROGRAM SHALL BE MADE AVAILABLE TO
SCHOOL ENTITIES AT NO CHARGE TO THE SCHOOL ENTITY.
(12) TO PROVIDE TECHNICAL ASSISTANCE AND SUPPORT TO THE
PROGRAM, AS NEEDED.
(13) TO FOLLOW UP AND DETERMINE THE OUTCOME OF A REPORT
MADE TO THE PROGRAM, INCLUDING ACTIONS TAKEN ON THE REPORT.
(D) SCHOOL ENTITY.--EACH SCHOOL ENTITY SHALL [DEVELOP]:
(1) DEVELOP PROCEDURES FOR ASSESSING AND RESPONDING TO
REPORTS RECEIVED FROM THE PROGRAM.
(2) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II),
PROVIDE, IN A FORM AND MANNER DETERMINED BY THE OFFICE,
FOR A FINAL DISPOSITION OF EACH REPORT RECEIVED BY THE
SCHOOL ENTITY WITHIN 30 DAYS OF RECEIPT OF A REPORT FROM
THE PROGRAM.
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(II) FOR A LIFE SAFETY EVENT, PROVIDE FOR A FINAL
DISPOSITION WITHIN 48 HOURS OF THE RECEIPT OF A REPORT
FROM THE PROGRAM.
(E) NONCOMPLIANCE.--THE FOLLOWING SHALL APPLY TO A SCHOOL
ENTITY THAT FAILS TO SUBMIT FINAL DISPOSITIONS TO THE OFFICE:
(1) THE OFFICE SHALL POST ON ITS PUBLICLY ACCESSIBLE
INTERNET WEBSITE A LIST OF EACH SCHOOL ENTITY THAT HAS NOT
SUBMITTED FINAL DISPOSITIONS TO THE OFFICE.
(2) THE OFFICE SHALL REPORT TO THE SCHOOL SAFETY AND
SECURITY COMMITTEE THE SCHOOL ENTITIES THAT HAVE NOT
SUBMITTED FINAL DISPOSITIONS TO THE OFFICE.
(3) THE SCHOOL SAFETY AND SECURITY COMMITTEE MAY NOT
AWARD ANY GRANT ADMINISTERED BY THE COMMITTEE TO A SCHOOL
ENTITY THAT HAS NOT SUBMITTED FINAL DISPOSITIONS TO THE
OFFICE UNTIL THE SCHOOL ENTITY HAS SUBMITTED FINAL
DISPOSITIONS TO THE OFFICE.
SECTION 31. SECTION 1307-D(B) OF THE ACT IS AMENDED BY
ADDING PARAGRAPHS TO READ:
SECTION 1307-D. ANNUAL REPORT.
* * *
(B) CONTENTS OF REPORT.--THE REPORT SHALL, AT A MINIMUM,
INCLUDE:
* * *
(7.1) THE TOTAL NUMBER OF TRAININGS RECEIVED BY SCHOOL
ENTITIES FROM THE OFFICE OR A PARTNER OF THE OFFICE.
(7.2) THE TOTAL NUMBER OF TRAININGS OF SCHOOL PERSONNEL
ON THE PROGRAM, INCLUDING TRAINING ON HOW TO RECEIVE, RESPOND
AND DISPOSE OF REPORTS FROM THE PROGRAM.
(7.3) A LIST OF SCHOOL ENTITIES THAT HAVE NOT YET
COMPLETED TRAINING ON HOW TO RECEIVE, RESPOND AND DISPOSE OF
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REPORTS FROM THE PROGRAM.
* * *
SECTION 32. THE DEFINITIONS OF "CHIEF SCHOOL ADMINISTRATOR"
AND "SAFE2SAY PROGRAM" IN SECTION 1301-E OF THE ACT ARE AMENDED
TO READ:
SECTION 1301-E. 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:
* * *
"CHIEF SCHOOL ADMINISTRATOR." A SUPERINTENDENT OF A SCHOOL
DISTRICT, EXECUTIVE DIRECTOR OF AN INTERMEDIATE UNIT,
ADMINISTRATIVE DIRECTOR OF AN AREA CAREER AND TECHNICAL SCHOOL
OR CHIEF [EXECUTIVE OFFICER] ADMINISTRATOR OF A CHARTER SCHOOL,
REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.
* * *
"SAFE2SAY SOMETHING PROGRAM." THE SAFE2SAY SOMETHING PROGRAM
ESTABLISHED UNDER ARTICLE XIII-D.
* * *
SECTION 33. SECTION 1302-E(B)(1)(II)(B)(IV) AND (IV) OF THE
ACT ARE AMENDED AND SUBSECTION (B)(1)(II)(B) IS AMENDED BY
ADDING A SUBCLAUSE TO READ:
SECTION 1302-E. THREAT ASSESSMENT TEAMS.
* * *
(B) TEAM REQUIREMENTS.--THE FOLLOWING SHALL APPLY TO TEAMS
ESTABLISHED UNDER SUBSECTION (A):
(1) EACH TEAM SHALL:
* * *
(II) INCLUDE:
* * *
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(B) OTHER SCHOOL STAFF OR COMMUNITY RESOURCES
WHO MAY SERVE AS REGULAR TEAM MEMBERS OR BE CONSULTED
DURING THE THREAT ASSESSMENT PROCESS, AS APPROPRIATE,
AND AS DETERMINED NECESSARY BY THE TEAM, INCLUDING:
* * *
(IV) THE INDIVIDUAL IDENTIFIED BY THE SCHOOL
ENTITY TO RECEIVE REPORTS FROM THE SAFE2SAY
SOMETHING PROGRAM.
* * *
(VII) AN INDIVIDUAL WHO SERVES ON A LOCAL OR
COUNTY THREAT ASSESSMENT TEAM, IF APPLICABLE.
* * *
(IV) BE RESPONSIBLE, AT A MINIMUM, FOR THE
FOLLOWING:
(A) MAKING AGE-APPROPRIATE INFORMATIONAL
MATERIALS AVAILABLE TO STUDENTS REGARDING RECOGNITION
OF THREATENING OR AT-RISK BEHAVIOR THAT MAY PRESENT A
THREAT TO THE STUDENT, OTHER STUDENTS, SCHOOL
EMPLOYEES, SCHOOL FACILITIES, THE COMMUNITY OR OTHERS
AND HOW TO REPORT THEIR CONCERNS, INCLUDING THROUGH
THE SAFE2SAY SOMETHING PROGRAM.
(B) MAKING INFORMATIONAL MATERIALS AVAILABLE TO
SCHOOL EMPLOYEES REGARDING RECOGNITION OF THREATENING
OR AT-RISK BEHAVIOR THAT MAY PRESENT A THREAT TO THE
STUDENT, OTHER STUDENTS, SCHOOL EMPLOYEES, SCHOOL
FACILITIES, THE COMMUNITY OR OTHERS AND HOW TO REPORT
THEIR CONCERNS, INCLUDING THROUGH THE SAFE2SAY
SOMETHING PROGRAM.
(C) ENSURING THAT SCHOOL EMPLOYEES ARE AWARE OF
THE STAFF MEMBERS WHO ARE APPOINTED TO THE TEAM AND
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HOW TO REPORT THREATENING OR AT-RISK BEHAVIOR,
INCLUDING THROUGH THE SAFE2SAY [PROGRAM] SOMETHING
PROGRAM.
(D) ASSISTING IN ASSESSING AND RESPONDING TO
REPORTS RECEIVED THROUGH THE SAFE2SAY SOMETHING
PROGRAM. WHERE A SCHOOL ENTITY HAS ONLY ONE TEAM,
THAT TEAM MAY ALSO SERVE AS THE SCHOOL ENTITY'S TEAM
FOR ASSESSING AND RESPONDING TO REPORTS RECEIVED
THROUGH THE SAFE2SAY SOMETHING PROGRAM.
(E) ASSESSING AND RESPONDING TO REPORTS OF
STUDENTS EXHIBITING SELF-HARM OR SUICIDE RISK FACTORS
OR WARNING SIGNS AS PROVIDED FOR UNDER SECTION 1526.
(F) ASSESSING, RESPONDING AND MAKING APPROPRIATE
DETERMINATIONS AND REFERRALS UNDER SUBSECTION (C)
BASED ON THE INFORMATION AVAILABLE TO THE TEAM. THE
TEAM, WHEN APPROPRIATE, MAY COORDINATE WITH THE
STUDENT ASSISTANCE PROGRAM.
(G) PROVIDING REQUIRED INFORMATION TO THE CHIEF
SCHOOL ADMINISTRATOR OR DESIGNEE TO MAKE THE REPORT
PROVIDED FOR UNDER SUBSECTION (A)(2)(V).
(H) ESTABLISHING PROTOCOLS FOR TIMELY
CONSULTATION BETWEEN THE TEAM AND LAW ENFORCEMENT,
JUVENILE JUSTICE AGENCIES, COUNTY AGENCIES, HEALTH
CARE PROVIDERS OR BEHAVIORAL SERVICE PROVIDERS, AS
APPROPRIATE, TO REFER STUDENTS WHOSE BEHAVIOR
INDICATES A POTENTIAL THREAT FOR ADDITIONAL
INTERVENTIONS OR SUPPORTS, INCLUDING THE EXCHANGE OF
RELEVANT INFORMATION IN ACCORDANCE WITH FEDERAL AND
STATE LAW.
* * *
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SECTION 34. SECTIONS 1303-E(A)(3)(II), 1403-A(A) AND 1403.1-
A(A)(2) OF THE ACT ARE AMENDED TO READ:
SECTION 1303-E. THREAT ASSESSMENT GUIDELINES, TRAINING AND
INFORMATION MATERIALS.
(A) DUTIES OF COMMITTEE.--NO LATER THAN 180 DAYS FROM THE
EFFECTIVE DATE OF THIS SECTION, THE COMMITTEE SHALL:
* * *
(3) DEVELOP MODEL PROCEDURES AND GUIDELINES THAT SCHOOL
ENTITIES MAY USE IN IMPLEMENTING THIS ARTICLE. THE MODEL
PROCEDURES AND GUIDELINES SHALL, AT A MINIMUM:
* * *
(II) REFLECT BEST PRACTICES IN IDENTIFYING,
REPORTING, ASSESSING AND RESPONDING TO THREATS, INCLUDING
THREATS REPORTED THROUGH THE SAFE2SAY SOMETHING PROGRAM,
AND COORDINATING WITH STAKEHOLDERS.
* * *
SECTION 1403-A. SCOPE OF PROGRAM AND SELECTION OF STUDENTS.
(A) MAXIMUM PARTICIPATION.--
(1) BEGINNING IN THE 2017-2018 SCHOOL YEAR, A MAXIMUM OF
20 STUDENTS IN GRADES 9 THROUGH 12 MAY BE ENROLLED IN THE
RECOVERY HIGH SCHOOL UNDER THE PROGRAM AT ANY ONE TIME.
(2) BEGINNING IN THE 2025-2026 SCHOOL YEAR, A MAXIMUM OF
35 STUDENTS IN GRADES 9 THROUGH 12 MAY BE ENROLLED IN THE
RECOVERY HIGH SCHOOL UNDER THE PROGRAM AT ANY ONE TIME.
* * *
SECTION 1403.1-A. ENROLLMENT OF STUDENTS.
(A) CONDITIONS.--A STUDENT MAY ENROLL IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM ESTABLISHED IN SECTION 1402-A IF THE
FOLLOWING APPLY:
* * *
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(2) IF FEWER THAN [20 STUDENTS] THE MAXIMUM NUMBER OF
STUDENTS THAT MAY BE ENROLLED UNDER SUBSECTION 1403-A
RESIDING IN A SCHOOL DISTRICT OF THE FIRST CLASS ENROLL IN
THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM AT ANY TIME, A
STUDENT WHO RESIDES IN A SCHOOL DISTRICT OTHER THAN A SCHOOL
DISTRICT OF THE FIRST CLASS MAY ENROLL IN THE RECOVERY HIGH
SCHOOL UNDER THE PROGRAM IF THE STUDENT'S PARENT OR GUARDIAN
HAS APPLIED FOR ENROLLMENT IN THE RECOVERY HIGH SCHOOL ON THE
STUDENT'S BEHALF.
* * *
SECTION 35. SECTION 1501-N OF THE ACT IS AMENDED BY ADDING A
DEFINITION TO READ:
SECTION 1501-N. 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:
* * *
"PARENT." AN INDIVIDUAL WHO HAS LEGAL CUSTODY OR
GUARDIANSHIP OF A STUDENT.
* * *
SECTION 36. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1503-N. SCHOOL ENTITY DUTIES RELATED TO EVIDENCE-BASED
READING INSTRUCTION.
(A) DUTIES OF SCHOOL ENTITY.--A SCHOOL ENTITY SHALL DO ALL
OF THE FOLLOWING NO LATER THAN THE BEGINNING OF THE 2027-2028
SCHOOL YEAR:
(1) ADOPT AN EVIDENCE-BASED READING INSTRUCTION
CURRICULUM.
(2) IDENTIFY AN EDUCATOR RESPONSIBLE FOR ASSISTING EACH
SCHOOL WITH THE IMPLEMENTATION OF THE CURRICULUM ADOPTED
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UNDER PARAGRAPH (1).
(3) APPROVE A PROFESSIONAL DEVELOPMENT TRAINING PROGRAM
FROM A LIST DEVELOPED BY THE DEPARTMENT IN CONSULTATION WITH
THE COUNCIL, WHICH SATISFIES THE REQUIREMENTS UNDER SECTION
1205.8(C) FOR EDUCATORS.
(4) DEMONSTRATE THAT EACH EDUCATOR IS IN THE PROCESS OF
COMPLETING APPROVED PROFESSIONAL DEVELOPMENT UNDER PARAGRAPH
(3).
(B) COMPLETION OF TRAINING.--AN EDUCATOR MUST COMPLETE
APPROVED PROFESSIONAL DEVELOPMENT TRAINING UNDER SUBSECTION (A)
(3) NO LATER THAN THE BEGINNING OF THE 2028-2029 SCHOOL YEAR.
(C) REPORTING.--
(1) BY MARCH 31, 2026, EACH SCHOOL ENTITY SHALL REPORT
TO THE DEPARTMENT THE READING INSTRUCTION CURRICULA IN USE BY
THE SCHOOL ENTITY DURING THE 2025-2026 SCHOOL YEAR.
(2) BY JULY 31, 2027, AND EACH YEAR THEREAFTER, EACH
SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE FOLLOWING:
(I) THE EVIDENCE-BASED READING INSTRUCTION CURRICULA
ADOPTED BY THE SCHOOL ENTITY UNDER SUBSECTION (A)(1).
(II) THE NUMBER OF EDUCATORS IN THE SCHOOL ENTITY
WHO HAVE RECEIVED PROFESSIONAL DEVELOPMENT UNDER SECTION
1502-N(B)(3) AND THE TYPE OF PROFESSIONAL DEVELOPMENT
RECEIVED.
SECTION 1504-N. SCHOOL ENTITY DUTIES RELATED TO READING
SCREENING.
(A) GENERAL RULE.--A SCHOOL ENTITY SHALL, NO LATER THAN THE
BEGINNING OF THE 2027-2028 SCHOOL YEAR, SCREEN EACH STUDENT
ENROLLED IN KINDERGARTEN THROUGH THIRD GRADE FOR READING
COMPETENCY THREE TIMES EACH SCHOOL YEAR, ONCE AT THE BEGINNING
OF THE SCHOOL YEAR, ONCE DURING THE MIDDLE OF THE YEAR AND ONCE
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AT THE END OF THE SCHOOL YEAR. IN CONDUCTING THE SCREENING, THE
SCHOOL ENTITY SHALL USE A UNIVERSAL READING SCREENER CHOSEN FROM
THE LIST OF APPROVED UNIVERSAL READING SCREENERS UNDER SECTION
1502-N(B).
(B) EXCEPTION.--STUDENTS WITH LIMITED ENGLISH PROFICIENCY,
STUDENTS WITH DISABILITIES AND GIFTED STUDENTS ARE SUBJECT TO
THE REQUIREMENTS OF THIS SECTION, UNLESS THE ASSESSMENT WOULD
CONFLICT WITH THE EDUCATIONAL PROGRAM, PLAN OR SERVICE AGREEMENT
PROVIDED IN ACCORDANCE WITH FEDERAL OR STATE LAW AND REGULATION.
SECTION 1505-N. READING DEFICIENCY IDENTIFICATION AND PARENTAL
NOTIFICATION.
(A) STUDENT.--A STUDENT IN KINDERGARTEN THROUGH GRADE THREE
SHALL BE IDENTIFIED AS HAVING A READING DEFICIENCY IF AN
APPROVED UNIVERSAL READING SCREENER ADMINISTERED UNDER SECTION
1504-N IDENTIFIES THE STUDENT AT RISK FOR READING FAILURE.
(B) READING DEFICIENCY.--A STUDENT WHO IS IDENTIFIED AS
HAVING A READING DEFICIENCY UNDER SUBSECTION (A) SHALL REMAIN
IDENTIFIED AS HAVING A READING DEFICIENCY UNTIL THE STUDENT
PERFORMS AT OR ABOVE AN IDENTIFIED THRESHOLD LEVEL USING AT
LEAST THREE DATA POINTS, WHICH MAY INCLUDE:
(1) RESULTS ON A UNIVERSAL READING SCREENER;
(2) THE EDUCATOR'S PROFESSIONAL JUDGMENT ON A STUDENT'S
PERFORMANCE;
(3) PROGRESS MONITORING OUTCOMES;
(4) DIAGNOSTIC ASSESSMENTS;
(5) BENCHMARK ASSESSMENTS; AND
(6) FORMATIVE OR SUMMATIVE ASSESSMENTS.
(C) PARENTAL NOTIFICATION.--A SCHOOL ENTITY SHALL NOTIFY, IN
WRITING OR ELECTRONICALLY:
(1) EACH PARENT OF A KINDERGARTEN STUDENT WHO EXHIBITS A
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DEFICIENCY IN READING IN THE THIRD SCREENING AT THE END OF
THE SCHOOL YEAR.
(2) EACH PARENT OF A FIRST THROUGH THIRD GRADE STUDENT
WHO EXHIBITS A DEFICIENCY IN READING DURING THE SCHOOL YEAR
AFTER THE IDENTIFICATION OF THE READING DEFICIENCY, INCLUDING
PERIODIC UPDATES THREE TIMES PER YEAR REGARDING THE STUDENT'S
PROGRESS.
(D) CONSTRUCTION.--NOTHING UNDER THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT A SCHOOL ENTITY FROM IDENTIFYING A STUDENT
IN ANOTHER GRADE LEVEL AS BEING IN NEED OF READING
INTERVENTIONS.
SECTION 1506-N. READING INTERVENTION PLANS.
(A) DUTY OF SCHOOL ENTITY.--A SCHOOL ENTITY SHALL PROVIDE A
READING INTERVENTION PLAN TO EACH STUDENT IN KINDERGARTEN
THROUGH GRADE THREE WHO IS IDENTIFIED AS HAVING A READING
DEFICIENCY UNDER SECTION 1505-N WITH THE GOAL OF ENSURING THAT
THE STUDENT CAN READ AT OR ABOVE GRADE LEVEL BY THE END OF GRADE
THREE.
(B) DEVELOPMENT.--THE READING INTERVENTION PLAN SHALL BE
DEVELOPED BY AN EDUCATOR.
(C) CONTENTS.--THE READING INTERVENTION PLAN SHALL, AT A
MINIMUM, INCLUDE READING INTERVENTION APPROACHES AND BE PROVIDED
IN ADDITION TO:
(1) INSTRUCTION PROVIDED TO EACH STUDENT IN THE GENERAL
EDUCATION CLASSROOM; AND
(2) EVIDENCE-BASED INSTRUCTION CURRICULUM.
SECTION 1507-N. GRANT PROGRAM.
(A) ESTABLISHMENT.--CONTINGENT UPON AVAILABLE FUNDING, THE
DEPARTMENT MAY ESTABLISH A GRANT PROGRAM TO AID SCHOOL ENTITIES
WITH COSTS ASSOCIATED WITH IMPLEMENTATION OF THIS ARTICLE. THE
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TOTAL AMOUNT OF GRANTS AWARDED SHALL BE LIMITED TO FUNDS
AVAILABLE FOR THIS PURPOSE UNDER SECTION 1508-N.
(B) APPLICATION.--THE DEPARTMENT SHALL DEVELOP AN
APPLICATION FORM THAT SCHOOL ENTITIES MUST USE TO APPLY FOR A
GRANT UNDER THE PROGRAM. GRANT APPLICATIONS MUST BE SUBMITTED IN
ACCORDANCE WITH GUIDELINES DEVELOPED BY THE DEPARTMENT.
SECTION 1508-N. FUNDING.
THE DEPARTMENT SHALL USE THE FOLLOWING FUNDING SOURCES FOR
THE PURPOSE OF THIS ARTICLE AND TO AWARD GRANTS TO SCHOOL
ENTITIES UNDER SECTION 1507-N, INCLUDING PROVIDING PROFESSIONAL
COACHING AND CONTRACTING WITH MULTIPLE SERVICE PROVIDERS TO
PROVIDE COACHING SUPPORT IN THE PROGRAM AS REQUIRED UNDER
SECTION 1205.8:
(1) APPROPRIATIONS TO THE DEPARTMENT FOR THE PURPOSE OF
THIS ARTICLE.
(2) MONEY MADE AVAILABLE TO THE DEPARTMENT FROM OTHER
PUBLIC AND PRIVATE SOURCES, INCLUDING THE FEDERAL GOVERNMENT.
SECTION 1509-N. REPORTING.
(A) SCHOOL ENTITY REPORT.--BEGINNING JULY 31, 2028, AND
CONTINUING EACH JULY 31 THEREAFTER, A SCHOOL ENTITY SHALL REPORT
ANNUALLY TO THE DEPARTMENT THE FOLLOWING:
(1) THE NUMBER AND PERCENTAGE OF STUDENTS, DISAGGREGATED
BY GRADE AND BY INDIVIDUAL SCHOOL, IDENTIFIED WITH A
POTENTIAL READING DEFICIENCY AT THE BEGINNING OF THE SCHOOL
YEAR ACCORDING TO THE FIRST SCREENING OF THE SCHOOL YEAR
REQUIRED UNDER SECTION 1504-N AND THE LITERACY INTERVENTION
APPROACHES PROVIDED.
(2) THE NUMBER AND PERCENTAGE OF STUDENTS, DISAGGREGATED
BY GRADE AND BY INDIVIDUAL SCHOOL, IDENTIFIED WITH A
POTENTIAL READING DEFICIENCY AT THE END OF THE SCHOOL YEAR
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ACCORDING TO THE FINAL SCREENING OF THE SCHOOL YEAR REQUIRED
UNDER SECTION 1504-N.
(3) THE NUMBER OF STUDENTS, DISAGGREGATED BY GRADE AND
BY INDIVIDUAL SCHOOL, EXCEPTED FROM THE ASSESSMENT UNDER
SECTION 1504-N(B).
(4) ANY OTHER INFORMATION DEEMED NECESSARY BY THE
SECRETARY OF EDUCATION TO CARRY OUT THIS ARTICLE AND ASSESS
EFFECTIVENESS OVER TIME.
(B) DEPARTMENT REPORT.--BEGINNING NOVEMBER 30, 2028, AND
CONTINUING EACH NOVEMBER 30 THEREAFTER, THE DEPARTMENT SHALL
PRODUCE AN ANNUAL REPORT THAT PROVIDES THE INFORMATION REPORTED
TO THE DEPARTMENT UNDER SUBSECTION (A).
(C) REPORT DATA.--DATA INCLUDED IN THE REPORT SHALL BE
DEIDENTIFIED AND COMPLY WITH 20 U.S.C. § 1232G (RELATING TO
FAMILY EDUCATIONAL AND PRIVACY RIGHTS).
(D) PUBLIC POSTING.--THE DEPARTMENT SHALL POST THE REPORT
REQUIRED UNDER THIS SECTION ON THE DEPARTMENT'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE, AND SHALL SUBMIT THE REPORT TO EACH
OF THE FOLLOWING:
(1) THE GOVERNOR.
(2) THE STATE BOARD OF EDUCATION.
(3) THE PRESIDENT PRO TEMPORE OF THE SENATE.
(4) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(5) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
EDUCATION COMMITTEE OF THE SENATE.
(6) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
SECTION 1510-N. ACCOUNTABILITY.
(A) DUTIES OF THE DEPARTMENT.--THE DEPARTMENT SHALL MONITOR
AND ENFORCE SCHOOL ENTITY COMPLIANCE WITH THIS ARTICLE AS
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FOLLOWS:
(1) BEGINNING WITH THE 2027-2028 SCHOOL YEAR, AND
CONTINUING EACH SCHOOL YEAR THEREAFTER, THE DEPARTMENT SHALL
DEVELOP A PLAN TO MONITOR PROGRESS OF A SCHOOL ENTITY'S
EVIDENCE-BASED READING INSTRUCTION TO ENSURE IMPROVED
EDUCATIONAL OUTCOMES.
(2) IF A SCHOOL ENTITY IS NOT IN COMPLIANCE WITH THIS
ARTICLE OR ITS STUDENTS ARE NOT DEMONSTRATING PROGRESS IN
READING SKILLS OR PROFICIENCY, THE DEPARTMENT MAY IMPLEMENT
EVIDENCE-BASED CORRECTIVE ACTIONS, INCLUDING LITERACY COACHES
AND OTHER RESOURCES.
(B) EFFECT OF NONCOMPLIANCE.--A SCHOOL ENTITY THAT DECLINES
DEPARTMENT ASSISTANCE UNDER SUBSECTION (A) FORFEITS GRANT
FUNDING UNDER THIS ARTICLE.
SECTION 1511-N. CONSTRUCTION.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO SUPERSEDE OR
PREEMPT THE RIGHTS, REMEDIES AND PROCEDURES AFFORDED TO SCHOOL
EMPLOYEES OR LABOR ORGANIZATIONS UNDER FEDERAL OR STATE LAW OR
ANY PROVISION OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED
BETWEEN A SCHOOL EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE
EMPLOYEES IN ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563,
NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT.
SECTION 37. SECTION 1607 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1607. ATTENDANCE IN OTHER DISTRICTS.--* * *
(B.3) FOR A SCHOOL DISTRICT THAT ELIMINATED ITS HIGH SCHOOL
UNDER SUBSECTION (B), IF SUFFICIENT FUNDS ARE AVAILABLE, THE
SECRETARY OF EDUCATION SHALL ESTABLISH A PROJECT TEAM WHICH
SHALL CONDUCT AN ASSESSMENT OF THE EDUCATIONAL, FINANCIAL,
ADMINISTRATIVE AND COMMUNITY IMPACTS OF CONSOLIDATION OF THE
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SCHOOL DISTRICT WITH ANOTHER SCHOOL DISTRICT. THE FOLLOWING
APPLY:
(1) THE ASSESSMENT SHALL INCLUDE A FEASIBILITY STUDY TO
ANALYZE CONSOLIDATION WITH NO LESS THAN THREE SCHOOL DISTRICTS
IDENTIFIED BY THE SECRETARY OF EDUCATION WHOSE BORDERS ARE NO
MORE THAN SEVEN MILES FROM THE SCHOOL DISTRICT'S BORDER.
(2) THE FEASIBILITY STUDY SHALL INCLUDE A REVIEW OF
EDUCATIONAL PROGRAM OFFERINGS AND SERVICES, FACILITIES
UTILIZATION AND CAPITAL PLANNING, FISCAL ANALYSES, GOVERNANCE
AND LEADERSHIP STRUCTURES, OPERATIONAL EFFICIENCIES AND
STAKEHOLDER CONSIDERATIONS.
(3) THE SCHOOL DISTRICT THAT ELIMINATED ITS HIGH SCHOOL
UNDER SUBSECTION (B) AND THE SCHOOL DISTRICTS IDENTIFIED BY THE
SECRETARY OF EDUCATION UNDER PARAGRAPH (1) SHALL COOPERATE WITH
THE PROJECT TEAM CONDUCTING THE ASSESSMENT.
(4) THE PROJECT TEAM SHALL SUBMIT A REPORT, INCLUDING ITS
FINDINGS AND RECOMMENDATIONS, TO THE SECRETARY OF EDUCATION, THE
EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF
THE HOUSE OF REPRESENTATIVES.
* * *
SECTION 38. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1617. FREE APPLICATION FOR FEDERAL STUDENT AID.--(A)
BEGINNING WITH THE 2026-2027 SCHOOL YEAR, PRIOR TO COMPLETING
HIGH SCHOOL, A STUDENT WHO ATTENDS A SCHOOL ENTITY OR NONPUBLIC
SCHOOL IN THIS COMMONWEALTH, UNLESS EXEMPTED UNDER SUBSECTION
(E), SHALL FILE A FAFSA WITH THE UNITED STATES DEPARTMENT OF
EDUCATION OR SUBMIT AN OPT-OUT FORM IN ACCORDANCE WITH
SUBSECTION (B).
(B) THE PARENT OR LEGAL GUARDIAN OF A STUDENT OR, IF A
STUDENT IS AT LEAST EIGHTEEN YEARS OF AGE OR LEGALLY
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EMANCIPATED, THE STUDENT MAY OPT OUT OF FILING THE FAFSA UNDER
SUBSECTION (A) BY COMPLETING AND SUBMITTING TO THE SCHOOL ENTITY
OR NONPUBLIC SCHOOL AN OPT-OUT FORM DEVELOPED BY THE DEPARTMENT,
IN CONSULTATION WITH THE AGENCY. THE OPT-OUT FORM SHALL INCLUDE
THE FOLLOWING INFORMATION:
(1) A STATEMENT THAT UNITED STATES CITIZENS ARE ELIGIBLE FOR
FEDERAL FINANCIAL AID.
(2) A STATEMENT THAT THE PARENT, LEGAL GUARDIAN OR STUDENT,
AS APPLICABLE, UNDERSTANDS THE PURPOSE OF THE FAFSA AND HAS
CHOSEN NOT TO FILE THE APPLICATION.
(3) A STATEMENT THAT SUBMITTING THE FAFSA IS OPTIONAL AND,
IF THE PARENT, LEGAL GUARDIAN OR STUDENT SUBMITS THE OPT-OUT
FORM, THE STUDENT SHALL BE EXEMPT FROM THE REQUIREMENTS OF
SUBSECTION (A).
(C) THE DEPARTMENT SHALL MAKE THE OPT-OUT FORM AVAILABLE TO
SCHOOL ENTITIES AND NONPUBLIC SCHOOLS AND POST THE OPT-OUT FORM
ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(D) A SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL PROVIDE A COPY
OF THE OPT-OUT FORM TO PARENTS, LEGAL GUARDIANS AND STUDENTS.
(E) IF A FAFSA IS NOT FILED OR OPT-OUT FORM IS NOT SUBMITTED
ON BEHALF OF A STUDENT, THE SCHOOL ENTITY OR NONPUBLIC SCHOOL
SHALL EXEMPT THE STUDENT FROM THE PROVISIONS OF SUBSECTION (A).
PRIOR TO MAKING AN EXEMPTION, THE SCHOOL ENTITY OR NONPUBLIC
SCHOOL MUST MAKE A REASONABLE EFFORT TO CONTACT THE PARENT OR
LEGAL GUARDIAN OF THE STUDENT AND PROVIDE THE PARENT, LEGAL
GUARDIAN OR STUDENT WITH INFORMATION EXPLAINING THE PURPOSES OF
THE FAFSA AND THE BENEFITS AVAILABLE FROM COMPLETING THE FORM.
(F) NO STUDENT SHALL BE PREVENTED FROM GRADUATING OR BE
PENALIZED BY THE SCHOOL ENTITY OR NONPUBLIC SCHOOL IN ANY WAY
FOR FAILING TO COMPLETE THE FAFSA OR OPT-OUT FORM.
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(G) THE AGENCY SHALL PROVIDE A SCHOOL ENTITY OR NONPUBLIC
SCHOOL WITH INFORMATION INDICATING WHETHER A STUDENT OF THE
SCHOOL ENTITY OR NONPUBLIC SCHOOL HAS COMPLETED THE FAFSA,
PROVIDED THE AGENCY HAS ACCESS TO THE INFORMATION.
(H) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
REQUIRE A PARENT, LEGAL GUARDIAN OR STUDENT TO PROVIDE PERSONAL
FINANCIAL INFORMATION TO A SCHOOL ENTITY OR NONPUBLIC SCHOOL OR
INDICATE A REASON FOR NOT COMPLETING THE FAFSA OR OPT-OUT FORM.
(I) PERSONAL FINANCIAL INFORMATION INADVERTENTLY OBTAINED
FROM A PARENT, LEGAL GUARDIAN OR STUDENT BY A SCHOOL ENTITY OR
NONPUBLIC SCHOOL AS A RESULT OF ADMINISTERING THIS SECTION IS
NOT A PUBLIC RECORD ACCESSIBLE FOR INSPECTION AND DUPLICATION IN
ACCORDANCE WITH THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3),
KNOWN AS THE "RIGHT-TO-KNOW LAW."
(J) 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 THE PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY.
"DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"FAFSA" SHALL MEAN THE FREE APPLICATION FOR FEDERAL STUDENT
AID.
"NONPUBLIC SCHOOL" SHALL MEAN A SCHOOL, OTHER THAN A PUBLIC
SCHOOL WITHIN THIS COMMONWEALTH, IN WHICH A RESIDENT OF THIS
COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY SCHOOL
ATTENDANCE REQUIREMENTS OF THIS ACT AND THAT MEETS THE
APPLICABLE REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF
1964 (PUBLIC LAW 88-352, 42 U.S.C. § 2000 ET SEQ.).
"SCHOOL ENTITY" SHALL MEAN AN AREA CAREER AND TECHNICAL
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SCHOOL, CHARTER SCHOOL, CYBER CHARTER SCHOOL, REGIONAL CHARTER
SCHOOL OR SCHOOL DISTRICT.
SECTION 39. SECTION 1604-A(B)(1) OF THE ACT IS AMENDED TO
READ:
SECTION 1604-A. COUNCIL RECOMMENDATIONS AND STANDARDS.--* *
*
(B) THE ASSOCIATION SHALL TAKE ALL STEPS NECESSARY TO COMPLY
WITH THE FOLLOWING STANDARDS:
(1) ADOPT AND ADHERE TO POLICIES GOVERNING THE CONDUCT OF
OPEN MEETINGS THAT CONFORM WITH THE REQUIREMENTS OF 65 PA.C.S.
CH. 7 (RELATING TO OPEN MEETINGS)[.] AND THAT REQUIRE ALL THE
OPEN MEETINGS TO BE LIVE-STREAMED, AND MAKE A RECORDING OF AN
OPEN MEETING AVAILABLE NO LATER THAN 10 DAYS AFTER THE OPEN
MEETING ON THE ASSOCIATION'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE, FREE OF CHARGE, BEGINNING JANUARY 1, 2026.
* * *
SECTION 40. SECTION 1725.1-A OF THE ACT, ADDED JULY 11, 2024
(P.L.618, NO.55), IS AMENDED TO READ:
SECTION 1725.1-A. FUNDING FOR CYBER CHARTER SCHOOLS.--(A)
THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR NONRESIDENT
STUDENT ATTENDING A CYBER CHARTER SCHOOL.
(B) NOTWITHSTANDING [SECTION 1725-A(A)(3)] SECTION 1725-A(A)
(2) AND (3), PER-STUDENT FUNDING AMOUNTS FOR NON-SPECIAL
EDUCATION STUDENTS AND SPECIAL EDUCATION STUDENTS ATTENDING A
CYBER CHARTER SCHOOL SHALL BE CALCULATED IN ACCORDANCE WITH THIS
SECTION AND SHALL BE PAID BY THE SCHOOL DISTRICT OF RESIDENCE OF
EACH STUDENT.
(C) EFFECTIVE JANUARY 1, 2025, [AND THE ENTIRETY OF EACH
SCHOOL YEAR THEREAFTER] THROUGH THE END OF THE 2024-2025 SCHOOL
YEAR, FOR SPECIAL EDUCATION STUDENTS, A CYBER CHARTER SCHOOL
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SHALL RECEIVE FOR EACH STUDENT ENROLLED THE LESSER OF:
(1) THE AMOUNT CALCULATED UNDER SECTION 1725-A(A)(3); OR
(2) THE SAME FUNDING AS FOR EACH NON-SPECIAL EDUCATION
STUDENT AS PROVIDED IN SECTION 1725-A(A)(2), PLUS AN ADDITIONAL
AMOUNT DETERMINED BY DIVIDING THE DISTRICT OF RESIDENCE'S TOTAL
SPECIAL EDUCATION EXPENDITURE BY THE SCHOOL DISTRICT OF
RESIDENCE'S TOTAL SPECIAL EDUCATION AVERAGE DAILY MEMBERSHIP FOR
THE PRIOR SCHOOL YEAR.
(D) FOR THE 2024-2025 SCHOOL YEAR, THE MONTHLY PAYMENTS FOR
JULY THROUGH DECEMBER FOR SPECIAL EDUCATION STUDENTS SHALL BE
BASED UPON THE RATE CALCULATED UNDER SECTION 1725-A(A)(3) AND
THE MONTHLY PAYMENTS FOR JANUARY THROUGH JUNE FOR SPECIAL
EDUCATION STUDENTS SHALL BE BASED UPON THE RATE CALCULATED IN
SUBSECTION (C).
(E) FOR THE 2025-2026 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, FOR NON-SPECIAL EDUCATION STUDENTS, A CYBER CHARTER
SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED AN AMOUNT
CALCULATED AS FOLLOWS:
(1) THE AMOUNT UNDER SECTION 1725-A(A)(2) ADJUSTED AS
FOLLOWS:
(I) THE BUDGETED EXPENDITURES OF THE SCHOOL DISTRICT SHALL
INCLUDE THE FOLLOWING ADDITIONAL DEDUCTIONS: TUITION PAID TO
CYBER CHARTER SCHOOLS FOR NON-SPECIAL EDUCATION STUDENTS ; TAX
ASSESSMENT AND COLLECTION SERVICES; SIXTY PER CENTUM OF STUDENT
ACTIVITIES; AND SIXTY PER CENTUM OF OPERATIONS AND MAINTENANCE
OF PLANT SERVICES.
(II) THE AVERAGE DAILY MEMBERSHIP OF THE SCHOOL DISTRICT FOR
STUDENTS ENROLLED IN A CYBER CHARTER SCHOOL SHALL BE DEDUCTED
FROM THE AVERAGE DAILY MEMBERSHIP OF THE SCHOOL DISTRICT.
(2) MULTIPLY THE AMOUNT DETERMINED UNDER PARAGRAPH (1) BY
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THE FOLLOWING:
(I) FOR A SCHOOL DISTRICT OF THE FIRST CLASS A, THE LESSER
OF ONE (1) OR THE AMOUNT DETERMINED UNDER SECTION 2502.56(D)(2)
(II) FOR THE SCHOOL DISTRICT FOR THE MOST RECENT YEAR AVAILABLE
AS OF THE FIRST DAY OF JUNE PRECEDING THE SCHOOL YEAR FOR WHICH
THE PER-STUDENT FUNDING AMOUNTS APPLY.
(II) FOR ALL OTHER SCHOOL DISTRICTS, ONE (1).
(F) FOR THE 2025-2026 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, FOR SPECIAL EDUCATION STUDENTS, A CYBER CHARTER
SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED THE LESSER OF:
(1) THE SAME FUNDING AS FOR EACH NON-SPECIAL EDUCATION
STUDENT AS PROVIDED IN SECTION 1725-A(A)(2), PLUS AN ADDITIONAL
AMOUNT DETERMINED BY DIVIDING THE SCHOOL DISTRICT OF RESIDENCE'S
TOTAL SPECIAL EDUCATION EXPENDITURE BY THE SCHOOL DISTRICT OF
RESIDENCE'S TOTAL SPECIAL EDUCATION AVERAGE DAILY MEMBERSHIP FOR
THE PRIOR SCHOOL YEAR; OR
(2) THE AMOUNT DETERMINED UNDER SUBSECTION (E) FOR THE
SCHOOL DISTRICT MULTIPLIED BY ONE AND EIGHTY-NINE HUNDREDTHS
(1.89).
(G) NOTWITHSTANDING SECTION 1725-A(A)(5), PAYMENTS SHALL BE
MADE TO THE CYBER CHARTER SCHOOL IN TWELVE (12) EQUAL MONTHLY
PAYMENTS, BY THE FIFTH DAY OF EACH MONTH, WITHIN THE OPERATING
SCHOOL YEAR. A STUDENT ENROLLED IN A CYBER CHARTER SCHOOL SHALL
BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP OF THE STUDENT'S
SCHOOL DISTRICT OF RESIDENCE FOR THE 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 CYBER CHARTER SCHOOL AS PRESCRIBED IN THIS
SUBSECTION, THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS
DOCUMENTED BY THE CYBER CHARTER SCHOOL USING THE MOST RECENTLY
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AVAILABLE PER-STUDENT AMOUNTS POSTED UNDER SECTION 1725-A(A)(7),
FROM ANY AND ALL STATE PAYMENTS MADE TO THE DISTRICT AFTER
RECEIPT OF DOCUMENTATION FROM THE CYBER CHARTER SCHOOL. THE
SECRETARY SHALL NOT MAKE A DEDUCTION ON BEHALF OF A CYBER
CHARTER SCHOOL UNLESS THE DOCUMENTATION FROM THE CYBER CHARTER
SCHOOL USES THE PER-STUDENT AMOUNT THAT IS POSTED UNDER SECTION
1725-A(A)(7). NO LATER THAN OCTOBER 1 OF EACH YEAR, A CYBER
CHARTER SCHOOL SHALL SUBMIT TO THE SCHOOL DISTRICT OF RESIDENCE
OF EACH STUDENT FINAL DOCUMENTATION OF PAYMENT TO BE MADE USING
THE PER-STUDENT AMOUNTS POSTED UNDER 1725-A(A)(7) AND THE
AVERAGE DAILY MEMBERSHIP FOR THE STUDENTS ENROLLED IN THE CYBER
CHARTER SCHOOL FROM THE SCHOOL DISTRICT FOR THE PREVIOUS SCHOOL
YEAR. IF A SCHOOL DISTRICT FAILS TO MAKE PAYMENT TO THE CYBER
CHARTER SCHOOL, THE SECRETARY SHALL DEDUCT AND PAY THE AMOUNT AS
DOCUMENTED BY THE CYBER CHARTER SCHOOL USING THE PER-STUDENT
AMOUNTS POSTED UNDER SECTION 1725-A(A)(7) FROM ANY AND ALL STATE
PAYMENTS MADE TO THE SCHOOL DISTRICT AFTER RECEIPT OF
DOCUMENTATION FROM THE CYBER CHARTER SCHOOL FROM THE
APPROPRIATIONS FOR THE FISCAL YEAR IN WHICH THE FINAL
DOCUMENTATION OF PAYMENT WAS SUBMITTED TO THE SCHOOL DISTRICT OF
RESIDENCE.
(H) NOTWITHSTANDING SECTION 1725-A(A)(6), NOT LATER THAN
THIRTY (30) DAYS AFTER THE SECRETARY MAKES THE DEDUCTION
DESCRIBED IN SUBSECTION (G), A SCHOOL DISTRICT MAY NOTIFY THE
SECRETARY THAT THE DEDUCTION MADE FROM STATE PAYMENTS TO THE
SCHOOL DISTRICT UNDER THIS SUBSECTION IS INACCURATE. THE
SECRETARY SHALL PROVIDE THE SCHOOL DISTRICT WITH AN OPPORTUNITY
TO BE HEARD CONCERNING WHETHER THE CYBER CHARTER SCHOOL
DOCUMENTED THAT ITS STUDENTS WERE ENROLLED IN THE CYBER CHARTER
SCHOOL, THE PERIOD OF TIME DURING WHICH EACH STUDENT WAS
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ENROLLED, THE SCHOOL DISTRICT OF RESIDENCE OF EACH STUDENT AND
WHETHER THE AMOUNTS DEDUCTED FROM THE SCHOOL DISTRICT WERE
ACCURATE.
SECTION 41. SECTIONS 1748-A(A) AND (B) AND 1748.1-A(A) OF
THE ACT, AMENDED OR ADDED JULY 11, 2024 (P.L.618, NO.55), ARE
AMENDED AND THE SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO
READ:
SECTION 1748-A. ENROLLMENT AND NOTIFICATION.
(A) NOTICE TO SCHOOL DISTRICT.--
(1) WITHIN 10 DAYS OF THE ENROLLMENT OF A STUDENT TO A
CYBER CHARTER SCHOOL, THE PARENT OR GUARDIAN AND THE CYBER
CHARTER SCHOOL SHALL NOTIFY THE STUDENT'S SCHOOL DISTRICT OF
RESIDENCE OF THE ENROLLMENT THROUGH THE USE OF THE
NOTIFICATION FORM UNDER SUBSECTION (B).
(1.1) THE PARENT OR GUARDIAN OF A STUDENT ENROLLED IN A
CYBER CHARTER SCHOOL SHALL ALSO USE THE FORM DEVELOPED UNDER
SUBSECTION (B) TO SUBMIT CONTINUED PROOF OF THE STUDENT'S
RESIDENCE TO THE CYBER CHARTER SCHOOL AND THE STUDENT'S
SCHOOL DISTRICT OF RESIDENCE BY NOVEMBER 1 AND BY MARCH 1 OF
EACH SCHOOL YEAR. THE NOTIFICATION FORM OF A NEWLY ENROLLED
CYBER CHARTER STUDENT SHALL SATISFY THE FIRST NOVEMBER 1 OR
MARCH 1 NOTIFICATION DEADLINE, WHICHEVER IS SOONER. A STUDENT
IDENTIFIED AS HOMELESS UNDER 42 U.S.C. § 11302 (RELATING TO
GENERAL DEFINITION OF HOMELESS INDIVIDUAL) MAY NOT BE
REQUIRED TO SUBMIT THE HOME ADDRESS INFORMATION REQUIRED
UNDER SUBSECTION (B)(1) OR (6).
(2) IF A SCHOOL DISTRICT [WHICH HAS RECEIVED NOTICE
UNDER PARAGRAPH (1)] DETERMINES AT ANY TIME THAT A STUDENT IS
NOT A RESIDENT OF THE SCHOOL DISTRICT, THE FOLLOWING APPLY:
(I) WITHIN [SEVEN] 10 DAYS OF RECEIPT OF THE NOTICE
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UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL NOTIFY THE
CYBER CHARTER SCHOOL AND THE DEPARTMENT THAT THE STUDENT
IS NOT A RESIDENT OF THE SCHOOL DISTRICT. NOTIFICATION OF
NONRESIDENCE SHALL INCLUDE THE BASIS FOR THE
DETERMINATION.
(II) WITHIN [SEVEN] 10 DAYS OF NOTIFICATION UNDER
SUBPARAGRAPH (I), THE CYBER CHARTER SCHOOL SHALL REVIEW
THE NOTIFICATION OF NONRESIDENCE[, RESPOND TO THE SCHOOL
DISTRICT AND PROVIDE A COPY OF THE RESPONSE TO THE
DEPARTMENT. IF THE CYBER CHARTER SCHOOL AGREES THAT A
STUDENT IS NOT A RESIDENT OF THE SCHOOL DISTRICT, IT
SHALL DETERMINE THE PROPER DISTRICT OF RESIDENCE OF THE
STUDENT BEFORE REQUESTING FUNDS FROM ANOTHER SCHOOL
DISTRICT.] AND NOTIFY THE SCHOOL DISTRICT AND THE
DEPARTMENT THAT THE CYBER CHARTER SCHOOL AGREES WITH THE
SCHOOL DISTRICT'S DETERMINATION OR DOES NOT AGREE WITH
THE SCHOOL DISTRICT'S DETERMINATION. IF THE CYBER CHARTER
SCHOOL DISAGREES WITH THE SCHOOL DISTRICT'S
DETERMINATION, THE CYBER CHARTER SCHOOL SHALL PROVIDE
PROOF OF RESIDENCY AS THE BASIS OF THE DETERMINATION. IF
THE CYBER CHARTER SCHOOL AGREES THAT THE STUDENT IS NOT A
RESIDENT OF THE SCHOOL DISTRICT, THE CYBER CHARTER SCHOOL
SHALL DETERMINE THE PROPER SCHOOL DISTRICT OF RESIDENCE
FOR THE STUDENT AND REQUEST FUNDS FROM THAT SCHOOL
DISTRICT.
(III) WITHIN [SEVEN] 10 DAYS OF RECEIPT OF THE
RESPONSE UNDER SUBPARAGRAPH (II), THE SCHOOL DISTRICT
SHALL NOTIFY THE CYBER CHARTER SCHOOL THAT IT AGREES WITH
THE CYBER CHARTER SCHOOL'S DETERMINATION OR DOES NOT
AGREE WITH THE CYBER CHARTER SCHOOL'S DETERMINATION.
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(IV) A SCHOOL DISTRICT THAT HAS NOTIFIED THE CYBER
CHARTER SCHOOL THAT IT DOES NOT AGREE WITH THE CYBER
CHARTER SCHOOL'S DETERMINATION UNDER SUBPARAGRAPH (III)
SHALL APPEAL TO THE DEPARTMENT FOR A FINAL DETERMINATION.
(V) ALL DECISIONS OF THE DEPARTMENT REGARDING THE
SCHOOL DISTRICT OF RESIDENCE OF A STUDENT SHALL BE
SUBJECT TO REVIEW BY THE COMMONWEALTH COURT.
(VI) A SCHOOL DISTRICT SHALL CONTINUE TO MAKE
PAYMENTS TO A CYBER CHARTER SCHOOL UNDER SECTION 1725-A
DURING THE TIME IN WHICH THE SCHOOL DISTRICT OF RESIDENCE
OF A STUDENT IS IN DISPUTE.
(VII) IF A FINAL DETERMINATION IS MADE THAT A
STUDENT IS NOT A RESIDENT OF AN APPEALING SCHOOL
DISTRICT, THE CYBER CHARTER SCHOOL SHALL RETURN ALL FUNDS
PROVIDED ON BEHALF OF THAT STUDENT DURING THE PERIOD FOR
WHICH THE STUDENT IS NOT A RESIDENT OF THE SCHOOL
DISTRICT TO THE SCHOOL DISTRICT WITHIN 30 DAYS.
(A.1) EMPLOYEE REPORT OF NONRESIDENCY.--NOTWITHSTANDING ANY
PROVISION OF THE ACT OF DECEMBER 12, 1986 (P.L.1559, NO.169),
KNOWN AS THE WHISTLEBLOWER LAW, OR ANY OTHER LAW TO THE
CONTRARY, IF AN EMPLOYEE OF A CYBER CHARTER SCHOOL MAKES A GOOD
FAITH REPORT THAT A STUDENT DOES NOT RESIDE WITHIN THE SCHOOL
DISTRICT THAT HAS RECEIVED NOTICE OF THE STUDENT'S ENROLLMENT
UNDER SUBSECTION (A), A CYBER CHARTER SCHOOL MAY NOT DISCHARGE,
THREATEN OR OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN
EMPLOYEE REGARDING THE EMPLOYEE'S COMPENSATION, TERMS,
CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE THE
EMPLOYEE MAKES A GOOD FAITH REPORT UNDER THIS SUBSECTION.
(B) NOTIFICATION FORM.--THE DEPARTMENT SHALL DEVELOP A
NOTIFICATION FORM, WHICH MAY BE ELECTRONIC, FOR USE UNDER
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SUBSECTION (A). THE NOTIFICATION SHALL INCLUDE:
(1) THE NAME, HOME ADDRESS AND MAILING ADDRESS OF THE
STUDENT.
(2) THE GRADE IN WHICH THE STUDENT IS BEING ENROLLED.
(3) THE DATE THE STUDENT WILL BE ENROLLED.
(4) THE NAME AND ADDRESS OF THE CYBER CHARTER SCHOOL AND
THE NAME AND TELEPHONE NUMBER OF A CONTACT PERSON ABLE TO
PROVIDE INFORMATION REGARDING THE CYBER CHARTER SCHOOL.
(5) THE SIGNATURE OF THE PARENT OR GUARDIAN AND AN
AUTHORIZED REPRESENTATIVE OF THE CYBER CHARTER SCHOOL.
(6) PROOF OF RESIDENCY, WHICH SHALL BE A DOCUMENT
CONTAINING THE PARENT OR GUARDIAN'S NAME AND ADDRESS, ON ANY
OF THE FOLLOWING:
(I) AN ACTIVE RESIDENTIAL LEASE AGREEMENT OR A
MORTGAGE STATEMENT NO MORE THAN THREE MONTHS OLD.
(II) A BANK STATEMENT NO MORE THAN THREE MONTHS OLD
OR A UTILITY OR INTERNET BILL NO MORE THAN THREE MONTHS
OLD.
(III) A TAX BILL NO MORE THAN THREE MONTHS OLD.
(IV) AN INSURANCE DOCUMENT NO MORE THAN THREE MONTHS
OLD.
(V) ANY OTHER DOCUMENT DETERMINED ACCEPTABLE BY THE
DEPARTMENT.
* * *
(D) PENALTY FOR FALSIFYING REIMBURSEMENT REPORTS.--ANY
SCHOOL ADMINISTRATOR, EMPLOYEE OR REPRESENTATIVE OF A SCHOOL
DISTRICT OR CYBER CHARTER SCHOOL WHO KNOWINGLY FALSIFIES
INFORMATION SUBMITTED TO A SCHOOL DISTRICT, CYBER CHARTER SCHOOL
OR THE DEPARTMENT UNDER THIS SECTION SHALL BE GUILTY OF A
MISDEMEANOR OF THE THIRD DEGREE.
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(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO CONFLICT OR BE INCONSISTENT WITH SECTION 1302 OR
1302.1 OR 42 U.S.C. CH. 119 (RELATING TO HOMELESS ASSISTANCE).
SECTION 1748.1-A. ENROLLEE WELLNESS CHECKS.
(A) REQUIREMENTS.--A CYBER CHARTER SCHOOL SHALL, AT LEAST
ONCE DURING ANY WEEK CONSISTING OF AT LEAST THREE FULL OR
PARTIAL DAYS OF ACADEMIC INSTRUCTION, ENSURE THAT EACH ENROLLED
STUDENT IS [ABLE TO BE] VISIBLY SEEN AND COMMUNICATED WITH IN
REAL TIME BY A TEACHER, ADMINISTRATOR OR OTHER REPRESENTATIVE OF
THE CYBER CHARTER SCHOOL, EITHER IN PERSON OR VIA ELECTRONIC
MEANS, IN ORDER TO ENSURE THE WELL-BEING OF THE STUDENT AND
VERIFY PARTICIPATION IN THE EDUCATIONAL PROGRAM. THE REQUIREMENT
UNDER THIS SUBSECTION MAY BE SATISFIED BY STUDENTS TURNING ON A
WEBCAM DURING SYNCHRONOUS ONLINE INSTRUCTION.
* * *
(C) WELLNESS POLICY.--EACH CYBER CHARTER SCHOOL SHALL SUBMIT
TO THE DEPARTMENT A WELLNESS CHECK POLICY THAT DEMONSTRATES
COMPLIANCE WITH SUBSECTIONS (A) AND (B).
(D) STUDENT VERIFICATION.--THE DEPARTMENT MAY REQUIRE PROOF
OF COMPLIANCE WITH THIS SECTION FROM A CYBER CHARTER SCHOOL TO
ENSURE THE WELL-BEING OF A STUDENT ENROLLED IN THE CYBER CHARTER
SCHOOL AND TO VERIFY ATTENDANCE IN THE EDUCATIONAL PROGRAM.
(E) NONCOMPLIANCE.--FAILURE TO COMPLY WITH THIS SECTION MAY
RESULT IN THE DEPARTMENT TAKING THE FOLLOWING ACTIONS:
(1) REQUIRING THE CYBER CHARTER SCHOOL TO REPORT TO THE
DEPARTMENT THE DATE, TIME AND METHOD OF EACH WELLNESS CHECK
FOR EACH STUDENT.
(2) MANDATING TEACHERS, ADMINISTRATORS AND STAFF OF THE
CYBER CHARTER SCHOOL TO COMPLETE CHILD ABUSE RECOGNITION,
PREVENTION AND REPORTING TRAINING ANNUALLY.
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(3) REQUIRING THE CYBER CHARTER SCHOOL TO MEET IN PERSON
WITH EACH STUDENT AT LEAST ONCE DURING THE SCHOOL YEAR
FOLLOWING THE SCHOOL YEAR IN WHICH THE CYBER CHARTER SCHOOL
IS OUT OF COMPLIANCE WITH THIS SECTION.
(4) PROHIBITING A CYBER CHARTER SCHOOL FROM BEING
AWARDED A STATE GRANT BY THE DEPARTMENT UNTIL THE CYBER
CHARTER SCHOOL DEMONSTRATES COMPLIANCE WITH SUBSECTIONS (A)
AND (B).
SECTION 42. SECTION 1850.4(A) OF THE ACT IS AMENDED TO READ:
SECTION 1850.4. CAPITAL RESERVE FUND FOR APPROVED PURCHASES
OF EQUIPMENT AND FACILITY MAINTENANCE.--(A) ANY AREA CAREER AND
TECHNICAL BOARD SHALL HAVE THE POWER TO CREATE A SPECIAL FUND
WHICH MAY BE DESIGNATED AS A CAPITAL RESERVE FUND AND TO
ACCUMULATE THEREIN MONEYS TO BE EXPENDED, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, DURING A PERIOD NOT TO EXCEED [FIVE]
TEN YEARS FROM THE DATE WHEN THE FIRST PAYMENT WAS MADE INTO THE
FUND, FOR THE PURPOSE OF PURCHASING EQUIPMENT OR MAINTAINING
FACILITIES.
* * *
SECTION 43. SECTION 1855 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1855. CAREER AND TECHNICAL EDUCATION EQUIPMENT
GRANTS.--* * *
(F.1) THE DEPARTMENT OF EDUCATION SHALL USE DATA FOR THE
CALCULATIONS REQUIRED UNDER THIS SECTION BASED ON THE MOST
RECENT YEARS FOR WHICH DATA IS AVAILABLE, AS DETERMINED BY THE
DEPARTMENT OF EDUCATION, AND SHALL FIX THE DATA AS OF THE FIRST
DAY OF JUNE PRECEDING THE SCHOOL YEAR IN WHICH THE ALLOCATION
OCCURS. IF THE DATA BASED ON THE FIRST DAY OF JUNE IS INCORRECT,
THE DEPARTMENT OF EDUCATION SHALL REVISE THE CALCULATIONS
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ACCORDINGLY.
* * *
SECTION 44. SECTIONS 1857 HEADING, (A), (D) INTRODUCTORY
PARAGRAPH AND (E) AND 1858 HEADING, (A), (D) INTRODUCTORY
PARAGRAPH AND (E) OF THE ACT ARE AMENDED TO READ:
SECTION 1857. COSMETOLOGY TRAINING THROUGH CAREER AND
TECHNICAL CENTER [PILOT] PROGRAM.--(A) THE COSMETOLOGY TRAINING
THROUGH CAREER AND TECHNICAL CENTER [PILOT] PROGRAM IS
ESTABLISHED IN THE STATE BOARD OF COSMETOLOGY.
* * *
(D) NO LATER THAN JUNE [30, 2023, AND] 1 EACH YEAR
[THEREAFTER THROUGH JUNE 30, 2025], EACH CTC AND SECONDARY
SCHOOL PARTICIPATING IN THE [PILOT] PROGRAM SHALL REPORT THE
FOLLOWING INFORMATION TO THE STATE BOARD OF COSMETOLOGY ON A
FORM PRESCRIBED BY THE BOARD:
* * *
[(E) THE PILOT PROGRAM UNDER THIS SECTION SHALL EXPIRE THREE
YEARS FROM THE EFFECTIVE DATE OF THIS SECTION.]
* * *
SECTION 1858. BARBER TRAINING THROUGH CAREER AND TECHNICAL
CENTER [PILOT] PROGRAM.--(A) THE BARBER TRAINING THROUGH CAREER
AND TECHNICAL CENTER [PILOT] PROGRAM IS ESTABLISHED IN THE STATE
BOARD OF BARBER EXAMINERS.
* * *
(D) NO LATER THAN JUNE [30, 2023, AND] 1 EACH YEAR
[THEREAFTER THROUGH JUNE 30, 2025], EACH CTC AND SECONDARY
SCHOOL PARTICIPATING IN THE [PILOT] PROGRAM SHALL REPORT THE
FOLLOWING INFORMATION TO THE STATE BOARD OF BARBER EXAMINERS ON
A FORM PRESCRIBED BY THE BOARD:
* * *
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[(E) THE PILOT PROGRAM UNDER THIS SECTION SHALL EXPIRE THREE
YEARS FROM THE EFFECTIVE DATE OF THIS SECTION.]
* * *
SECTION 45. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XVIII-B
NURSING SHORTAGE ASSISTANCE PROGRAM
SECTION 1801-B. SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO THE NURSING SHORTAGE ASSISTANCE
PROGRAM.
SECTION 1802-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:
"AGENCY." THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
AGENCY.
"APPLICANT." AN ENTITY THAT APPLIES FOR A GRANT UNDER
SECTION 1803-B.
"CRITICAL ACCESS HOSPITAL." A HOSPITAL THAT:
(1) HAS QUALIFIED UNDER SECTION 1861(MM)(1) OF THE
SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1395X(MM)(1))
AS A CRITICAL ACCESS HOSPITAL UNDER MEDICARE; OR
(2) IS A RURAL HOSPITAL LICENSED UNDER SECTION 808 OF
THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE
HEALTH CARE FACILITIES ACT, THAT:
(I) PROVIDES INPATIENT MEDICAL CARE AND OTHER
RELATED SERVICES FOR SURGERY, ACUTE MEDICAL CONDITIONS OR
INJURIES;
(II) IS LOCATED IN A COUNTY OF THE SIXTH, SEVENTH OR
EIGHTH CLASS THAT HAS NO MORE THAN TWO MEDICAL
ASSISTANCE-ENROLLED GENERAL ACUTE CARE HOSPITALS;
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(III) IS LOCATED IN A COUNTY THAT HAS GREATER THAN
17% OF ITS POPULATION THAT ARE ELIGIBLE FOR MEDICAL
ASSISTANCE OR HAS GREATER THAN 10,000 PERSONS ELIGIBLE
FOR MEDICAL ASSISTANCE;
(IV) HAS NO MORE THAN 200 LICENSED AND STAFFED BEDS;
AND
(V) DOES NOT QUALIFY AS A CRITICAL ACCESS HOSPITAL
UNDER SECTION 1861(MM)(1) OF THE SOCIAL SECURITY ACT AS A
CRITICAL ACCESS HOSPITAL UNDER MEDICARE.
"EDUCATIONAL INSTITUTION."
(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A.
(2) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER
EDUCATION.
(3) THE PENNSYLVANIA STATE UNIVERSITY.
(4) THE UNIVERSITY OF PITTSBURGH.
(5) TEMPLE UNIVERSITY.
(6) LINCOLN UNIVERSITY.
(7) ANY OTHER INSTITUTION THAT IS DESIGNATED AS STATE-
RELATED BY THE COMMONWEALTH.
(8) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
(9) AN ACCREDITED PRIVATE OR INDEPENDENT COLLEGE OR
UNIVERSITY.
(10) A COLLEGE ESTABLISHED UNDER ARTICLE XIX-G.
(11) A PRIVATE LICENSED SCHOOL AS DEFINED IN THE ACT OF
DECEMBER 15, 1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE
LICENSED SCHOOLS ACT.
"HOSPITAL." AS DEFINED IN SECTION 802.1 OF THE ACT OF JULY
19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES
ACT.
"NURSING DEGREE." A DEGREE ISSUED BY AN EDUCATIONAL
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INSTITUTION FOR COMPLETION OF AN ACCREDITED NURSING PROGRAM.
"PARTNER HOSPITAL." A HOSPITAL THAT HAS ENTERED INTO A
CONTRACTUAL RELATIONSHIP WITH A QUALIFIED NURSING SERVICER AND
MEETS ALL OF THE FOLLOWING:
(1) PROVIDES LOAN REPAYMENT ASSISTANCE TO NURSES
EMPLOYED BY THE HOSPITAL.
(2) AGREES TO PROVIDE NON-STATE SOURCED MATCHING FUNDS
FOR NURSE LOAN REPAYMENT ASSISTANCE EQUAL TO AT LEAST 100% OF
THE GRANT AMOUNT MADE AVAILABLE BY THE QUALIFIED NURSING
SERVICER.
"PROGRAM." THE NURSING SHORTAGE ASSISTANCE PROGRAM
ESTABLISHED UNDER SECTION 1803-B.
"QUALIFIED NURSING SERVICER." AN ENTITY THAT DOES ALL OF THE
FOLLOWING:
(1) CONTRACTS WITH MULTIPLE EDUCATIONAL INSTITUTIONS AND
HOSPITALS IN A MANNER THAT PROMOTES GREATER ACCESS TO
EDUCATION AND CAREER OPPORTUNITIES FOR PROSPECTIVE NURSING
STUDENTS.
(2) MAINTAINS A PLACE OF BUSINESS IN THIS COMMONWEALTH.
(3) CONTRACTS WITH MULTIPLE HOSPITALS WITHIN THIS
COMMONWEALTH TO COORDINATE AGREEMENTS BETWEEN PROSPECTIVE
NURSING STUDENTS AND HOSPITALS IN A MANNER THAT FACILITATES
THE REPAYMENT OF STUDENT LOAN EXPENSES INCURRED BY THE
PROSPECTIVE NURSING STUDENTS.
(4) HAS CONTRACTED WITH A PUBLIC EDUCATIONAL INSTITUTION
IN THIS COMMONWEALTH TO CREATE NEW EDUCATIONAL PROGRAMS
WITHIN THE HEALTH SCIENCES FIELD.
(5) HAS MORE THAN TWO YEARS OF EXPERIENCE IN SUPPORTING
EDUCATIONAL INSTITUTIONS, INCLUDING SUPPORT FOR AT LEAST 25
EDUCATIONAL INSTITUTIONS THROUGH AGREEMENTS WITH A TOTAL
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CONTRACT VALUE GREATER THAN $1,000,000. EXPERIENCE UNDER THIS
PARAGRAPH MUST INCLUDE MARKETING, RECRUITING, STUDENT
SUPPORT, CLINICAL PLACEMENT, LEARNING DESIGN AND APPLICATION
OF TECHNOLOGY.
(6) DOES NOT:
(I) PROVIDE STUDENT LOANS OR ENGAGE IN THE
ORIGINATION OF LOANS, INCLUDING, BUT NOT LIMITED TO,
SERVING AS A LOAN ORIGINATOR OR UNDERWRITER; OR
(II) DIRECTLY OR INDIRECTLY HOLD, PURCHASE OR
SECURITIZE ANY STUDENT LOAN INSTRUMENT WITHIN THE HEALTH
SCIENCES FIELD.
"RECIPIENT." AN APPLICANT THAT HAS BEEN AWARDED A GRANT
UNDER SECTION 1803-B.
SECTION 1803-B. NURSING SHORTAGE ASSISTANCE PROGRAM.
(A) ESTABLISHMENT.--THE NURSING SHORTAGE ASSISTANCE PROGRAM
IS ESTABLISHED WITHIN THE AGENCY. THE PROGRAM SHALL PROVIDE
GRANTS TO QUALIFIED NURSING SERVICERS TO ASSIST NURSING STUDENTS
WITH SECURING POSTGRADUATION EMPLOYMENT AND THE REPAYMENT OF
STUDENT LOAN EXPENSES INCURRED WHILE OBTAINING A DEGREE IN
NURSING.
(B) APPLICATION.--A QUALIFIED NURSING SERVICER MAY APPLY TO
THE AGENCY FOR A GRANT UNDER THIS SECTION. THE APPLICATION SHALL
BE IN A FORM AND MANNER DETERMINED BY THE AGENCY, WHICH, AT A
MINIMUM, SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE NAME AND ADDRESS OF THE APPLICANT.
(2) THE NAME AND ADDRESS OF THE PARTNER HOSPITAL THAT IS
PROVIDING EMPLOYMENT OPPORTUNITIES TO PROSPECTIVE NURSES.
(3) THE NUMBER OF PROSPECTIVE NURSES THAT WILL RECEIVE
LOAN REPAYMENTS FROM THE GRANT IF AWARDED TO THE QUALIFIED
NURSING SERVICER.
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(C) AWARDING OF GRANTS.--
(1) ALL APPLICATIONS RECEIVED DURING AN APPLICATION
PERIOD SHALL BE REVIEWED AND EVALUATED BY THE AGENCY. IN
AWARDING A GRANT UNDER THIS SECTION, THE AGENCY SHALL
CONSIDER ALL OF THE FOLLOWING:
(I) THE NUMBER OF TIMELY AND COMPLETE APPLICATIONS
RECEIVED BY THE AGENCY DURING THE APPLICATION PERIOD.
(II) THE ANTICIPATED NUMBER OF STUDENTS THAT WOULD
RECEIVE LOAN REPAYMENTS UNDER THE GRANT APPLICATION.
(III) THE ANTICIPATED NUMBER OF STUDENTS OF EACH
NURSING DEGREE TYPE THAT WOULD RECEIVE LOAN REPAYMENTS
UNDER THE GRANT APPLICATION.
(IV) THE ANTICIPATED GEOGRAPHIC DISTRIBUTION OF
STUDENTS RECEIVING LOAN REPAYMENTS UNDER THE GRANT
APPLICATION.
(V) THE ANTICIPATED NUMBER OF APPLICATIONS FOR
STUDENTS AT CRITICAL ACCESS HOSPITALS.
(VI) THE PLANS FOR ONGOING SUPPORT TO MAXIMIZE THE
CHANCES OF SUCCESS FOR THE NURSES ONCE EMPLOYED.
(VII) THE ABILITY OF THE QUALIFIED NURSING SERVICER
TO DEVELOP NEW OR EXPANDED PROGRAMS WITHIN THE HEALTH
SCIENCES FIELD AT ELIGIBLE EDUCATION INSTITUTIONS.
(VIII) THE ABILITY OF THE QUALIFIED NURSING SERVICER
TO PROVIDE MARKETING, RECRUITMENT, STUDENT SUPPORT,
CLINICAL PLACEMENT, LEARNING DESIGN AND TECHNOLOGY
SUPPORT TO A PARTICIPATING EDUCATIONAL INSTITUTION.
(2) UPON DETERMINING THAT THE APPLICANT HAS MET ALL
PROGRAM REQUIREMENTS, THE AGENCY MAY APPROVE A GRANT
APPLICATION.
(D) GRANT AGREEMENTS.--IF THE AGENCY APPROVES AN APPLICATION
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UNDER SUBSECTION (C), THE AGENCY AND THE RECIPIENT SHALL ENTER
INTO A GRANT AGREEMENT, WHICH, AT A MINIMUM, SHALL INCLUDE ALL
OF THE FOLLOWING:
(1) THE NAME AND ADDRESS OF THE PARTNER HOSPITAL THAT IS
PARTNERING WITH THE RECIPIENT TO ADMINISTER THE PROGRAM
FUNDED UNDER THE GRANT.
(2) THE NUMBER OF PROSPECTIVE NURSES THAT WILL RECEIVE
LOAN REPAYMENT ASSISTANCE UNDER THE GRANT.
(3) A COMMITMENT BY THE PARTNER HOSPITAL TO USE ALL
MATCHING FUNDS FIRST BEFORE APPLYING STATE GRANT FUNDS WHEN
PROVIDING LOAN REPAYMENT ASSISTANCE TO NURSES WHO BECOME
EMPLOYEES OF THE PARTNER HOSPITAL.
(E) AWARD.--UPON EXECUTION OF THE GRANT AGREEMENT REQUIRED
BY SUBSECTION (D), THE AGENCY SHALL AWARD THE APPLICANT A GRANT.
SECTION 1804-B. RESTRICTIONS.
(A) LIMITATIONS.--THE FOLLOWING LIMITATIONS SHALL APPLY TO
GRANT FUNDS AWARDED UNDER SECTION 1803-B:
(1) A QUALIFIED NURSING SERVICER SHALL USE AWARDED FUNDS
FOR THE PURPOSE OF THIS ARTICLE.
(2) A SUBGRANTEE PARTNER HOSPITAL SHALL USE ALL
AVAILABLE MATCHING FUNDS BEFORE UTILIZING GRANT FUNDS FOR
NURSE LOAN REPAYMENT ASSISTANCE.
(3) AN INDIVIDUAL NURSE EMPLOYED BY A PARTNER HOSPITAL
MAY NOT RECEIVE MORE THAN $10,000 PER YEAR, OR $30,000 IN THE
AGGREGATE, OF GRANT MONEY FOR LOAN REPAYMENT ASSISTANCE FOR A
DEGREE IN NURSING.
(4) A COMMITMENT BY THE NURSE TO MAINTAIN EMPLOYMENT AT
A HOSPITAL LOCATED IN THIS COMMONWEALTH FOR A MINIMUM OF
THREE YEARS AFTER THE LOAN REPAYMENT ASSISTANCE IS AWARDED.
IF A NURSE BREACHES THE AGREEMENT, THE LOAN REPAYMENT
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ASSISTANCE SHALL BE PRORATED.
(5) LOAN REPAYMENT ASSISTANCE RECEIVED BY THE INDIVIDUAL
NURSE SHALL NOT BE CONSIDERED TAXABLE INCOME FOR PURPOSES OF
ARTICLE III OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN
AS THE TAX REFORM CODE OF 1971.
(B) REIMBURSEMENT OF ADMINISTRATIVE COSTS.--THE AGENCY MAY
USE UP TO 10% OF MONEY, AVAILABLE FOR THE PURPOSE OF THIS
ARTICLE, FOR PAYMENT TO A QUALIFIED NURSING SERVICER FOR
ADMINISTRATIVE COSTS.
(C) UNENCUMBERED FUNDS.--THE RECIPIENT SHALL RETURN TO THE
COMMONWEALTH ANY GRANT FUNDS THAT REMAIN UNENCUMBERED AFTER
THREE YEARS.
SECTION 1805-B. AGENCY GUIDELINES, APPLICATION PERIOD AND GRANT
AWARDS.
(A) WRITTEN GUIDELINES.--WITHIN 30 DAYS OF THE EFFECTIVE
DATE OF THIS SUBSECTION, THE AGENCY SHALL DEVELOP WRITTEN
GUIDELINES FOR THE IMPLEMENTATION OF THIS ARTICLE.
(B) APPLICATION PERIOD.--IN ANY FISCAL YEAR IN WHICH FUNDS
ARE MADE AVAILABLE FOR THE PROGRAM, THE AGENCY SHALL OPEN AN
APPLICATION PERIOD OF NOT MORE THAN 30 DAYS TO RECEIVE
APPLICATIONS UNDER SECTION 1803-B.
(C) GRANT AWARDS.--FOR THE FISCAL YEAR BEGINNING JULY 1,
2025, THE AGENCY SHALL MAKE GRANT AWARDS UNDER SECTION 1803-B
WITHIN 30 DAYS OF THE CLOSE OF THE APPLICATION PERIOD FOR THAT
FISCAL YEAR.
SECTION 1806-B. REPORTS.
(A) REPORTS TO THE AGENCY.--EACH QUALIFIED NURSING SERVICER
SHALL SUBMIT AN ANNUAL REPORT TO THE AGENCY SUMMARIZING THE
EFFECTIVENESS OF THE QUALIFIED NURSING SERVICER'S PROGRAM, WHICH
SHALL INCLUDE:
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(1) THE NAMES OF EDUCATIONAL INSTITUTIONS AND PARTNER
HOSPITALS CONTACTED FOR PROGRAM PARTICIPATION, INCLUDING A
DESIGNATION OF WHETHER THE INSTITUTION OR HOSPITAL IS NEW TO,
OR A CONTINUING PARTICIPANT IN, THE PROGRAM; AND
(II) A BREAKDOWN BY CATEGORY, IN A MANNER AS PRESCRIBED
BY THE AGENCY, OF THE PROGRAM COSTS EXPENDED BY THE QUALIFIED
NURSING SERVICER.
(B) REPORTS TO THE GENERAL ASSEMBLY.--NO LATER THAN DECEMBER
31, 2026, AND EACH YEAR THEREAFTER, THE AGENCY SHALL SUBMIT A
REPORT TO THE GENERAL ASSEMBLY SUMMARIZING THE EFFECTIVENESS OF
THE GRANTS PROVIDED BY THIS ARTICLE. THE REPORT SHALL INCLUDE
THE NAMES OF ALL PARTNER HOSPITALS INVOLVED IN THE PROGRAM AS OF
THE DATE OF THE REPORT AND THE NUMBER OF NURSES THAT RECEIVE
LOAN REPAYMENT ASSISTANCE UNDER THE PROGRAM. THE REPORT SHALL BE
SUBMITTED TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE
OF THE HOUSE OF REPRESENTATIVES.
SECTION 46. SECTION 1913-A(B)(1.6) OF THE ACT IS AMENDED BY
ADDING A SUBCLAUSE TO READ:
SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF
PAYMENTS.--* * *
(B) * * *
(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF
THE FOLLOWING:
* * *
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(XXI) FOR FISCAL YEAR 2025-2026, EACH COMMUNITY COLLEGE
SHALL RECEIVE AN AMOUNT EQUAL TO THE FOLLOWING:
(A) AN AMOUNT EQUAL TO THE REIMBURSEMENT RECEIVED IN FISCAL
YEAR 2024-2025 UNDER SUBCLAUSES (XIX)(A) AND (C) AND (XX).
(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND
RECEIVED IN FISCAL YEAR 2024-2025 UNDER SUBCLAUSE (XIX)(B).
* * *
SECTION 47. THE DEFINITION OF "MERIT SCHOLARSHIP" IN SECTION
2001-A OF THE ACT, AMENDED JULY 17, 2024 (P.L.945, NO.89), IS
AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO
READ:
SECTION 2001-A. DEFINITIONS.--THE FOLLOWING WORDS AND
PHRASES WHEN USED IN THIS ARTICLE SHALL, FOR THE PURPOSE OF THIS
ARTICLE, HAVE THE FOLLOWING MEANINGS, RESPECTIVELY, EXCEPT IN
THOSE INSTANCES WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT
MEANING:
* * *
["MERIT SCHOLARSHIP" SHALL MEAN THE WAIVER OF AN AMOUNT EQUAL
TO THE DIFFERENTIAL BETWEEN TUITION FOR A RESIDENT AND
NONRESIDENT STUDENT.]
* * *
"TUITION WAIVER" SHALL MEAN THE WAIVER OF AN AMOUNT EQUAL TO
THE DIFFERENTIAL BETWEEN TUITION FOR A RESIDENT AND NONRESIDENT
STUDENT.
* * *
SECTION 48. SECTION 2022-A HEADING, (A), (B) INTRODUCTORY
PARAGRAPH AND (5), (C), (D), (G)(1), (J), (K) AND (N) OF THE
ACT, ADDED JULY 17, 2024 (P.L.945, NO.89), ARE AMENDED TO READ:
SECTION 2022-A. GROW PENNSYLVANIA [MERIT SCHOLARSHIP]
TUITION WAIVER PROGRAM.--(A) BEGINNING WITH THE CLASS OF FIRST-
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TIME FRESHMEN ENROLLING FOR THE 2025-2026 ACADEMIC YEAR, THE
AGENCY, IN CONJUNCTION WITH THE SYSTEM, SHALL ADMINISTER A
PROGRAM, WHICH IS ESTABLISHED AND SHALL BE KNOWN AS THE GROW
PENNSYLVANIA [MERIT SCHOLARSHIP] TUITION WAIVER PROGRAM. THE
AGENCY SHALL AWARD [MERIT SCHOLARSHIPS] TUITION WAIVERS TO
ELIGIBLE NONRESIDENT STUDENTS.
(B) TO BE ELIGIBLE FOR RECEIPT OF A [MERIT SCHOLARSHIP]
TUITION WAIVER, AN ELIGIBLE NONRESIDENT STUDENT MUST:
* * *
(5) ENTER INTO A WRITTEN AGREEMENT WITH THE AGENCY TO:
(I) SATISFY ALL DEGREE REQUIREMENTS AND OTHER REQUIREMENTS
OF THIS SECTION.
(II) [COMMENCE] RESIDE AND COMMENCE EMPLOYMENT IN THIS
COMMONWEALTH WITHIN ONE YEAR AFTER COMPLETION OF AN APPROVED
COURSE OF STUDY CULMINATING IN A BACHELOR'S OR ASSOCIATE'S
DEGREE. THE EMPLOYMENT MUST BE IN AN IN-DEMAND [OCCUPATIONS]
OCCUPATION, AS DETERMINED BY THE AGENCY, FOR A PERIOD OF TWELVE
MONTHS [OF] FOR EACH ACADEMIC YEAR THE STUDENT RECEIVED A [MERIT
SCHOLARSHIP] TUITION WAIVER, UNLESS THE AGENCY DETERMINES THAT
THERE ARE EXTENUATING CIRCUMSTANCES. IF THE AGENCY DETERMINES
THAT THERE ARE NO EXTENUATING CIRCUMSTANCES, RESIDENCY AND
EMPLOYMENT IN THIS COMMONWEALTH MUST BE MAINTAINED FOR THE
DURATION OF THE QUALIFYING EMPLOYMENT.
(III) REIMBURSE THE AGENCY THE AGGREGATE AMOUNT OF A
[SCHOLARSHIP] TUITION WAIVER RECEIVED, INCLUDING INTEREST, UNDER
THIS SECTION IF THE STUDENT [BREECHES] BREACHES THE AGREEMENT.
FOR A STUDENT WHO PARTIALLY SATISFIES THE WORK REQUIREMENT, THE
AGENCY SHALL PRORATE THE REQUIRED REIMBURSEMENT. ANY INTEREST
CHARGED MAY NOT BE MORE THAN THE THREE-MONTH U.S. TREASURY BILL
RATE.
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(C) THE AGENCY SHALL:
(1) DEVELOP GUIDELINES, INCLUDING INSTRUCTIONS FOR HOW A
NONRESIDENT STUDENT MAY APPLY FOR A [MERIT SCHOLARSHIP] TUITION
WAIVER AND HOW INSTITUTIONS MAY RECEIVE [MERIT SCHOLARSHIP]
TUITION WAIVER FUNDS FROM THE AGENCY FOR [SCHOLARSHIP] TUITION
WAIVER RECIPIENTS.
(2) MONITOR AND VERIFY A STUDENT'S COMPLIANCE WITH THE
AGREEMENT AND ENFORCE LOAN REPAYMENT OF ALL [MERIT SCHOLARSHIPS]
TUITION WAIVERS FOR A STUDENT WHO DOES NOT COMPLY WITH THE
PROVISIONS OF THIS SECTION, INCLUDING USE OF LAWFUL COLLECTION
PROCEDURES.
(D) A [MERIT SCHOLARSHIP] TUITION WAIVER SHALL BE FOR A
MAXIMUM OF FOUR ACADEMIC YEARS OR THE COMPLETION OF A BACHELOR'S
DEGREE, WHICHEVER OCCURS FIRST.
* * *
(G) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO:
(1) CHANGE A STUDENT'S ELIGIBILITY FOR A [MERIT SCHOLARSHIP]
TUITION WAIVER IF THE STUDENT TERMINATES ENROLLMENT IN ONE
APPROVED COURSE OF STUDY AND ENROLLS IN A DIFFERENT APPROVED
COURSE OF STUDY AT THE SAME INSTITUTION OR ANOTHER INSTITUTION.
* * *
(J) IN ANY YEAR WHEN FEWER THAN THREE HUNDRED (300) [MERIT
SCHOLARSHIPS] TUITION WAIVERS ARE AWARDED, THE COMMONWEALTH
SHALL PAY TO THE SYSTEM IN THE SUBSEQUENT YEAR THE FOLLOWING
AMOUNT:
(1) SUBTRACT THE NUMBER OF [MERIT SCHOLARSHIPS] TUITION
WAIVERS AWARDED FROM THREE HUNDRED (300).
(2) MULTIPLY THE SUM IN PARAGRAPH (1) BY THE DIFFERENTIAL
BETWEEN TUITION FOR A RESIDENT AND NONRESIDENT STUDENT.
(K) A [MERIT SCHOLARSHIP] TUITION WAIVER RECEIVED BY A
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STUDENT SHALL NOT BE CONSIDERED TAXABLE INCOME FOR PURPOSES OF
ARTICLE III OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS
THE "TAX REFORM CODE OF 1971."
* * *
(N) THE AGENCY, IN CONSULTATION WITH THE SYSTEM, SHALL
PREPARE AND SUBMIT TO THE GOVERNOR, THE GENERAL ASSEMBLY AND THE
SECRETARY [NO LATER THAN DECEMBER 31, 2025, AND EACH DECEMBER 31
THEREAFTER, A] AN ANNUAL REPORT DETAILING THE OPERATION OF THE
PROGRAM EACH YEAR. THE REPORT SHALL, AT A MINIMUM, INCLUDE:
(1) A LIST OF THE IN-DEMAND OCCUPATIONS FOR WHICH [MERIT
SCHOLARSHIPS] TUITION WAIVERS MAY BE SOUGHT.
(2) THE NUMBER OF [MERIT SCHOLARSHIP] TUITION WAIVER
APPLICANTS.
(3) THE NUMBER OF [MERIT SCHOLARSHIPS] TUITION WAIVERS
AWARDED TO STUDENTS.
(4) THE NUMBER OF [MERIT SCHOLARSHIPS] TUITION WAIVERS
AWARDED BY APPROVED COURSE OF STUDY.
(5) THE NUMBER OF [MERIT SCHOLARSHIPS] TUITION WAIVERS
AWARDED BY INSTITUTION.
(6) THE AVERAGE AMOUNT OF THE [MERIT SCHOLARSHIP] TUITION
WAIVER.
(7) THE NUMBER OF [MERIT SCHOLARSHIP] TUITION WAIVER
RECIPIENTS THAT ARE EMPLOYED AND MEETING THE WORK REQUIREMENT
UNDER SUBSECTION (B)(5).
(8) THE NUMBER OF [MERIT SCHOLARSHIP] TUITION WAIVER
RECIPIENTS THAT HAVE NOT MET THE WORK REQUIREMENT.
(9) THE AMOUNT OF MONEY REIMBURSED TO THE AGENCY BY [MERIT
SCHOLARSHIP] TUITION WAIVER RECIPIENTS THAT HAVE NOT MET THE
WORK REQUIREMENT.
SECTION 49. SECTION 2006-B(A)(1) OF THE ACT, AMENDED JULY
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11, 2024 (P.L.618, NO.55), IS AMENDED TO READ:
SECTION 2006-B. LIMITATIONS.
(A) AMOUNT.--
(1) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP
ORGANIZATIONS, EDUCATIONAL IMPROVEMENT ORGANIZATIONS AND PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
[$540,000,000] $590,000,000 IN A FISCAL YEAR. THE FOLLOWING
SHALL APPLY:
(I) NO LESS THAN $375,000,000 OF THE TOTAL AGGREGATE
AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP
ORGANIZATIONS.
(II) NO LESS THAN $74,500,000 OF THE TOTAL AGGREGATE
AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
CONTRIBUTIONS FROM BUSINESS FIRMS TO EDUCATIONAL
IMPROVEMENT ORGANIZATIONS.
(III) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
$30,500,000 IN A FISCAL YEAR.
(IV) NO LESS THAN [$60,000,000] $110,000,000 OF THE
TOTAL AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX
CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO INCREASE
THE SCHOLARSHIP OR PRE-KINDERGARTEN SCHOLARSHIP BY UP TO
$2,000 OR, IN THE CASE OF A SCHOLARSHIP FOR A STUDENT
ATTENDING A SECONDARY SCHOOL, BY UP TO $4,000, FOR A
STUDENT ATTENDING AN ECONOMICALLY DISADVANTAGED SCHOOL,
TO THE EXTENT THAT THE TOTAL AMOUNT OF SCHOLARSHIPS, PRE-
KINDERGARTEN SCHOLARSHIPS AND OPPORTUNITY SCHOLARSHIPS
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WILL NOT EXCEED THE LESSER OF $8,500 OR THE SCHOOL'S
TUITION.
* * *
SECTION 50. SECTION 2006-H(A) AND (C) OF THE ACT, ADDED JULY
17, 2024 (P.L.818, NO.69), ARE AMENDED TO READ:
SECTION 2006-H. EXIT COUNSELING.
(A) GENERAL RULE.--[UNLESS AN INDIVIDUAL SELECTS NOT TO
PARTICIPATE, EACH] EACH INSTITUTION OF HIGHER EDUCATION THAT
RECEIVES INFORMATION REGARDING FEDERAL EDUCATION LOANS OR OTHER
STUDENT LOANS THAT MAY REQUIRE REPAYMENT FOR A STUDENT ENROLLED
AT THE INSTITUTION OF HIGHER EDUCATION SHALL MAKE FINANCIAL AID
COUNSELING AVAILABLE TO EACH STUDENT AT THE END OF THE STUDENT'S
FINAL ACADEMIC TERM, UNLESS THE INDIVIDUAL SELECTS NOT TO
PARTICIPATE.
* * *
(C) COUNSELING FOR STUDENTS WHO TRANSFER OR WITHDRAW.--WITH
RESPECT TO A STUDENT WHO LEAVES AN INSTITUTION OF HIGHER
EDUCATION WITHOUT THE KNOWLEDGE OF THE INSTITUTION OR TRANSFERS
TO ANOTHER INSTITUTION, THE INSTITUTION SHALL ATTEMPT TO MAKE
FINANCIAL AID COUNSELING AVAILABLE TO THE STUDENT[.] UNLESS THE
STUDENT HAS FEDERAL EDUCATION LOANS OR OTHER STUDENT LOANS KNOWN
TO THE INSTITUTION OF HIGHER EDUCATION THAT DO NOT REQUIRE
REPAYMENT. IF THE INSTITUTION IS UNABLE TO GET IN CONTACT WITH
THE STUDENT, THE INSTITUTION SHALL MAIL THE INFORMATION
DESCRIBED IN SUBSECTION (B) IN WRITING TO THE STUDENT AT THE
LAST KNOWN ADDRESS ON FILE.
* * *
SECTION 51. SECTION 2002-I OF THE ACT IS REPEALED:
[SECTION 2002-I. STATE-RELATED UNIVERSITY PERFORMANCE-BASED
FUNDING MODEL.
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(A) DUTY OF COMMISSION.--BEGINNING JANUARY 23, 2023, THE
COMMISSION SHALL DEVELOP A PERFORMANCE-BASED FUNDING MODEL NO
LATER THAN JUNE 15, 2023, TO DISTRIBUTE STATE FUNDING TO THE
STATE-RELATED UNIVERSITIES. A PERFORMANCE-BASED FUNDING MODEL
MAY INCLUDE A BASE FUNDING AMOUNT AND MINIMUM ELIGIBILITY
THRESHOLDS TO EVALUATE ACHIEVEMENT OF PERFORMANCE-BASED METRICS.
THE COMMISSION MAY INCLUDE THE FOLLOWING METRICS IN THE MODEL:
(1) THE FOUR-YEAR GRADUATION RATE FOR BACCALAUREATE
STUDENTS.
(2) THE FOUR-YEAR GRADUATION RATE FOR FIRST-TIME-IN-
COLLEGE STUDENTS.
(3) THE SIX-YEAR GRADUATION RATE FOR STUDENTS WHO ARE
AWARDED A PELL GRANT IN THEIR FIRST YEAR.
(4) THE PERCENTAGE OF UNDERGRADUATE STUDENTS ENROLLED
WHO RECEIVED A PELL GRANT DURING THE PREVIOUS SCHOOL YEAR.
(5) STUDENT RETENTION RATES.
(6) BACHELOR'S DEGREE PRODUCTION.
(7) NET TUITION AND FEES PER 120 CREDIT HOURS.
(8) POSTGRADUATION EMPLOYMENT RATES AND SALARIES,
INCLUDING WAGE THRESHOLDS, THAT REFLECT THE ADDED VALUE OF A
BACCALAUREATE DEGREE.
(9) THE NUMBER AND PERCENTAGE OF STUDENTS ENROLLED, AND
DEGREES ATTAINED IN FIELDS DETERMINED TO BE OF IMPORTANCE TO
THIS COMMONWEALTH BY THE COMMISSION.
(10) THE NUMBER AND PERCENTAGE OF HIGH SCHOOL STUDENTS
WHO ARE DUAL-ENROLLED AND THE NUMBER OF CREDITS EARNED.
(11) THE PERCENTAGE OF CREDITS ARTICULATED.
(12) OTHER METRICS LISTED IN SECTION 2001-I(H), OR AS
DETERMINED BY THE COMMISSION.
(B) OTHER CONSIDERATIONS.--AS PART OF THE DEVELOPMENT OF THE
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PERFORMANCE-BASED FUNDING MODEL, THE COMMISSION MAY CONSIDER THE
FOLLOWING:
(1) ADJUSTING A PERFORMANCE-BASED FUNDING INCENTIVE
PAYMENT IF A STATE-RELATED UNIVERSITY FAILS TO MEET THE
MINIMUM ELIGIBILITY THRESHOLDS.
(2) ESTABLISHING AN IMPROVEMENT PLAN TO ASSIST A STATE-
RELATED UNIVERSITY TO MAKE SATISFACTORY PROGRESS TOWARD
MEETING THE MINIMUM ELIGIBILITY THRESHOLDS.
(3) A PROCESS TO AWARD OR REDISTRIBUTE MONEY FOR MEETING
THE MINIMUM ELIGIBILITY THRESHOLDS AND REWARDING
INSTITUTIONAL EXCELLENCE.
(C) EFFECTIVE DATE OF THE PERFORMANCE-BASED FUNDING MODEL.--
THE PERFORMANCE-BASED FUNDING MODEL DEVELOPED BY THE COMMISSION
SHALL NOT GO INTO EFFECT UNLESS THE MODEL IS APPROVED BY AN ACT
OF THE GENERAL ASSEMBLY ENACTED AFTER THE EFFECTIVE DATE OF THIS
SECTION.
(D) LEVEL OF STATE FUNDING.--THE GENERAL ASSEMBLY SHALL,
THROUGH THE ANNUAL NONPREFERRED APPROPRIATIONS PROCESS,
DETERMINE THE LEVEL OF STATE FUNDING FOR A STATE-RELATED
UNIVERSITY.
(E) DEFINITIONS.--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:
"BASE STATE FUNDING." THE MINIMUM AMOUNT OF FUNDING, AS
RECOMMENDED BY THE COMMISSION, TO BE APPROPRIATED TO EACH STATE-
RELATED UNIVERSITY FOR THE 2023-2024 FISCAL YEAR.
"COMMISSION." THE PUBLIC HIGHER EDUCATION FUNDING COMMISSION
ESTABLISHED UNDER SECTION 2001-I.
"INSTITUTIONAL INVESTMENT." A REALLOCATED PERCENTAGE OF THE
BASE STATE FUNDING.
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"PERFORMANCE-BASED FUNDING INCENTIVE PAYMENT." CONSISTS OF
THE FOLLOWING:
(1) INSTITUTIONAL INVESTMENT.
(2) STATE INVESTMENT FOR EXCELLENCE.
"STATE INVESTMENT FOR EXCELLENCE." AN AMOUNT APPROPRIATED BY
THE GENERAL ASSEMBLY THAT EXCEEDS THE BASE STATE FUNDING AND IS
USED TO REWARD EXCELLENCE AS MEASURED BY THE PERFORMANCE-BASED
FUNDING METRICS DETERMINED BY THE COMMISSION.
"STATE-RELATED UNIVERSITY." THE PENNSYLVANIA STATE
UNIVERSITY, THE UNIVERSITY OF PITTSBURGH AND TEMPLE UNIVERSITY
AND ASSOCIATED BRANCH CAMPUSES.]
SECTION 52. SECTION 2003-I(A) AND (D) OF THE ACT ARE AMENDED
TO READ:
SECTION 2003-I. PROHIBITION ON SCHOLARSHIP DISPLACEMENT AT
PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
(A) GENERAL RULE.--A PUBLIC INSTITUTION OF HIGHER EDUCATION
MAY REDUCE A STUDENT'S INSTITUTIONAL FINANCIAL AID AS A RESULT
OF THE AWARDING OF [PRIVATE] SCHOLARSHIPS TO THE STUDENT ONLY
UNDER THE CIRCUMSTANCES ENUMERATED IN SUBSECTIONS (B) AND (C).
* * *
(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:
"COST OF ATTENDANCE." THE AVERAGE ANNUAL COST FOR A STUDENT
TO ATTEND A COLLEGE OR UNIVERSITY, INCLUDING TUITION AND FEES,
ROOM AND BOARD, BOOKS, SUPPLIES AND OTHER EXPENSES AND IS USED
TO CALCULATE FINANCIAL AID OF AN ELIGIBLE STUDENT UNDER TITLE IV
OF THE HIGHER EDUCATION ACT OF 1965 (PUBLIC LAW 89-329, 20
U.S.C. § 1070 ET. SEQ.).
"INSTITUTIONAL FINANCIAL AID." THE SUM OF ALL NEED-BASED AND
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MERIT-BASED GRANTS, SCHOLARSHIPS, TUITION WAIVERS AND ALL OTHER
FORMS OF FINANCIAL ASSISTANCE PROVIDED TO A STUDENT BY A PUBLIC
INSTITUTION OF HIGHER EDUCATION THAT ARE NOT LOANS OR WORK-STUDY
PROGRAMS.
["PRIVATE SCHOLARSHIP." A SCHOLARSHIP AWARDED BY A BUSINESS,
PRIVATE FOUNDATION, NONPROFIT ORGANIZATION OR SERVICE GROUP.
THE TERM DOES NOT INCLUDE AN AWARD FUNDED BY A PRIVATE
ORGANIZATION WHICH IS AFFILIATED WITH A PUBLIC INSTITUTION OF
HIGHER EDUCATION AND REQUESTS THE PUBLIC INSTITUTION OF HIGHER
EDUCATION'S ASSISTANCE IN SELECTING THE RECIPIENT OF THE AWARD.]
"PUBLIC INSTITUTION OF HIGHER EDUCATION." ANY OF THE
FOLLOWING:
(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A.
(2) A RURAL REGIONAL COLLEGE ESTABLISHED UNDER ARTICLE
XIX-G.
(3) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER
EDUCATION UNDER ARTICLE XX-A.
(4) A STATE-RELATED INSTITUTION AS DEFINED IN SECTION
2001-C.
(5) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
(6) THE PENNSYLVANIA COLLEGE OF TECHNOLOGY.
"SCHOLARSHIP."
(1) THE TERM INCLUDES:
(I) A SCHOLARSHIP AWARDED BY A BUSINESS, PRIVATE
FOUNDATION, NONPROFIT ORGANIZATION OR SERVICE GROUP.
(II) A TUITION WAIVER UNDER SECTION 2022-A.
(III) A GRANT UNDER SUBARTICLE D OF ARTICLE XX-L.
(2) THE TERM DOES NOT INCLUDE AN AWARD FUNDED BY A
PRIVATE ORGANIZATION THAT IS AFFILIATED WITH A PUBLIC
INSTITUTION OF HIGHER EDUCATION AND REQUESTS THE PUBLIC
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INSTITUTION OF HIGHER EDUCATION'S ASSISTANCE IN SELECTING THE
RECIPIENT OF THE AWARD.
"STUDENT." AN INDIVIDUAL ENROLLED AT A PUBLIC INSTITUTION OF
HIGHER EDUCATION.
SECTION 53. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 2005-I. COOPERATION.
(A) INTERINSTITUTIONAL COOPERATION AUTHORIZED.--
(1) NOTWITHSTANDING 22 PA.C.S. § 501(C) (RELATING TO
APPOINTMENT BY NONPROFIT CORPORATIONS), TWO OR MORE
INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION MAY JOINTLY
COOPERATE IN THE EXERCISE OR IN THE PERFORMANCE OF THEIR
RESPECTIVE FUNCTIONS, POWERS OR RESPONSIBILITIES AS IT
RELATES TO UNIVERSITY CAMPUS POLICE OR PUBLIC SAFETY
OFFICERS.
(2) FOR THE PURPOSE OF CARRYING OUT THIS SECTION, THE
INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION COOPERATING TO
PROVIDE SHARED CAMPUS POLICE OR PUBLIC SAFETY OFFICERS
SERVICES SHALL ENTER INTO ANY JOINT AGREEMENTS AS MAY BE
DEEMED APPROPRIATE FOR THOSE PURPOSES.
(B) INTERINSTITUTIONAL GOVERNMENTAL COOPERATION.--AN
INDEPENDENT INSTITUTION OF HIGHER EDUCATION, BY AN ACT OF ITS
GOVERNING BODY, MAY COOPERATE OR AGREE IN THE EXERCISE OF ANY
FUNCTION, POWER OR RESPONSIBILITY AS IT RELATES TO UNIVERSITY
CAMPUS POLICE OR PUBLIC SAFETY OFFICERS WITH, OR DELEGATE OR
TRANSFER ANY FUNCTION, POWER OR RESPONSIBILITY OF ITS UNIVERSITY
CAMPUS POLICE OR PUBLIC SAFETY OFFICER TO, ONE OR MORE OTHER
INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION.
(C) EFFECT OF JOINT COOPERATION AGREEMENTS.--ANY JOINT
COOPERATION AGREEMENT SHALL BE DEEMED IN FORCE WHEN THE
AGREEMENT HAS BEEN ADOPTED BY RESOLUTION OF THE GOVERNING BODIES
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OF ALL COOPERATING INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION.
AFTER ADOPTION BY ALL COOPERATING INDEPENDENT INSTITUTIONS OF
HIGHER EDUCATION, THE AGREEMENT SHALL BE BINDING AND ITS
COVENANTS MAY BE ENFORCED BY APPROPRIATE REMEDY BY ANY ONE OR
MORE OF THE INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AGAINST
ANY OTHER INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION WHICH IS
A PARTY TO THE AGREEMENT.
(D) RECOGNITION BY COMMONWEALTH DEPARTMENTS AND AGENCIES.--
ALL COMMONWEALTH AGENCIES IN THE PERFORMANCE OF THEIR
ADMINISTRATIVE DUTIES SHALL DEEM A CONSORTIUM-SIMILAR ENTITY
ESTABLISHED BY TWO OR MORE INDEPENDENT INSTITUTIONS OF HIGHER
EDUCATION UNDER THIS SECTION AS A LEGAL ENTITY.
(E) LIMITATIONS.--
(1) ANY JOINT AGREEMENT ENTERED INTO UNDER THE
PROVISIONS OF THIS SECTION SHALL NOT SUPERSEDE, VOID OR
REPLACE ANY LABOR AGREEMENT BETWEEN AN INDEPENDENT
INSTITUTION OF HIGHER EDUCATION AND ITS CAMPUS POLICE OR
PUBLIC SAFETY OFFICERS.
(2) ANY JOINT AGREEMENT ENTERED INTO UNDER THIS SECTION
SHALL NOT BE IN EFFECT DURING ANY LABOR DISPUTE OR LABOR
STRIKE IMPACTING CAMPUS POLICE OR PUBLIC SAFETY OFFICERS FOR
THE INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION SUBJECT TO
THE JOINT AGREEMENT.
(3) ANY JOINT AGREEMENT ENTERED INTO UNDER THIS SECTION
SHALL BECOME NULL AND VOID IF AN INDEPENDENT INSTITUTION OF
HIGHER EDUCATION, SUBJECT TO THE AGREEMENT, REDUCES ITS
CAMPUS POLICE OR PUBLIC SAFETY OFFICER COMPLEMENT BY MORE
THAN 25%.
(F) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
IN THIS SUBCHAPTER SHALL THE MEANINGS GIVEN TO THEM IN THIS
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SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"COMMONWEALTH AGENCY." A DEPARTMENT, BOARD, COMMISSION OR
ANY OTHER AGENCY OR OFFICE OF THE COMMONWEALTH UNDER THE
JURISDICTION OF THE GOVERNOR.
"INDEPENDENT INSTITUTION OF HIGHER EDUCATION." AN
INSTITUTION OF HIGHER EDUCATION OPERATED NOT FOR PROFIT, LOCATED
AND INCORPORATED OR CHARTERED BY THE COMMONWEALTH AND ENTITLED
TO CONFER DEGREES AS PROVIDED IN 24 PA.C.S. 6505 (RELATING TO
POWER TO CONFER DEGREES) AND WHICH APPLIES TO ITSELF THE
DESIGNATION "COLLEGE" OR "UNIVERSITY" AS PROVIDED FOR BY THE
STANDARDS AND QUALIFICATIONS PRESCRIBED BY THE STATE BOARD OF
EDUCATION UNDER 24 PA.C.S. CH. 65 (RELATING TO PRIVATE COLLEGES,
UNIVERSITIES AND SEMINARIES).
SECTION 2006-I. STATE SCHOLARSHIP RENEWALS.
(A) ESTABLISHMENT.--NOTWITHSTANDING THE LIMITS ON
SCHOLARSHIP RENEWALS IN SECTION 8(A) OF THE ACT OF JANUARY 25,
1966 (1965 P.L.1546, NO.541), REFERRED TO AS THE HIGHER
EDUCATION SCHOLARSHIP LAW, THE PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY SHALL ESTABLISH A THREE-YEAR STATE SCHOLARSHIP
EXTENSION PILOT PROGRAM. NO MORE THAN 50 STUDENTS PER YEAR MAY
PARTICIPATE IN THE PILOT PROGRAM.
(1) INSTITUTIONS OF HIGHER EDUCATION THAT HAVE STUDENTS
WHO PARTICIPATE IN THE PILOT PROGRAM MAY RENEW A STATE
SCHOLARSHIP BEYOND THE SCHOLARSHIP'S RENEWAL LIMIT IF THE
RENEWAL IS MADE PURSUANT TO THE STATE SCHOLARSHIP EXTENSION
PILOT PROGRAM, AS AUTHORIZED BY THE BOARD OF DIRECTORS OF THE
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY.
(2) PARTICIPATING STUDENTS IN THE PILOT PROGRAM AS
AUTHORIZED BY THIS SECTION MUST ATTEND AN INSTITUTION OF
HIGHER EDUCATION DOMICILED AND HEADQUARTERED IN THIS
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COMMONWEALTH AS DETERMINED BY THE AGENCY.
SECTION 54. SECTION 2011-L(C)(6) OF THE ACT, ADDED JULY 17,
2024 (P.L.818, NO.69), IS AMENDED TO READ:
SECTION 2011-L. POWERS AND DUTIES OF STATE BOARD OF HIGHER
EDUCATION.
* * *
(C) DUTIES.--THE BOARD SHALL PERFORM ALL DUTIES APPROPRIATE
TO CARRY OUT AND EFFECTUATE THE BOARD'S PURPOSES UNDER THIS
ARTICLE, INCLUDING, BUT NOT LIMITED TO:
* * *
[(6) ESTABLISH THE COUNCIL TO CARRY OUT THE PURPOSES OF
SUBARTICLE C.]
* * *
SECTION 55. SECTION 2031-L OF THE ACT IS AMENDED BY ADDING
DEFINITIONS TO READ:
SECTION 2031-L. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"COUNCIL." THE PERFORMANCE-BASED FUNDING COUNCIL ESTABLISHED
AND RECONSTITUTED UNDER SECTION 2032-L.
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"FUND." THE STATE-RELATED UNIVERSITY PERFORMANCE FUND
ESTABLISHED UNDER SECTION 2034-L.
"HIGH-DEMAND DEGREE." A BACHELOR'S DEGREE THAT IS ALIGNED
WITH THE IN-DEMAND OCCUPATIONS IN THE GROW PENNSYLVANIA
SCHOLARSHIP GRANT PROGRAM UNDER SUBARTICLE D.
"HIGHER EDUCATION PRICE INDEX." THE AVERAGE TOTAL COST OF
ATTENDANCE FOR COLLEGES AND UNIVERSITIES NATIONALLY, DETERMINED
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BY THE COUNCIL IN CONSULTATION WITH THE DEPARTMENT, USING
PUBLICLY AVAILABLE DATA, INCLUDING INFORMATION PUBLISHED BY THE
COMMONFUND INSTITUTE.
"LOW-MATRICULATION HIGH SCHOOL." A PUBLIC HIGH SCHOOL IN
THIS COMMONWEALTH DETERMINED TO HAVE A COLLEGE MATRICULATION
RATE LESS THAN OR EQUAL TO 40%.
"SHORT-TERM WORKFORCE DEMAND PROJECTION." THE SUM OF ALL
STATEWIDE SHORT-TERM PROJECTED JOB OPENINGS, AS PUBLISHED BY THE
DEPARTMENT OF LABOR AND INDUSTRY, IN OCCUPATIONS THAT REQUIRE AT
LEAST A BACHELOR'S DEGREE AND ALIGN WITH THE IN-DEMAND
OCCUPATIONS IN THE GROW PENNSYLVANIA SCHOLARSHIP GRANT PROGRAM
UNDER SUBARTICLE D.
* * *
SECTION 56. SECTION 2032-L(A), (C), (D), (E), (I) AND (L) OF
THE ACT, ADDED JULY 17, 2024 (P.L.960, NO.90), ARE AMENDED AND
THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 2032-L. PERFORMANCE-BASED FUNDING COUNCIL.
(A) PURPOSE.--THE PERFORMANCE-BASED FUNDING COUNCIL [IS
ESTABLISHED AND] SHALL [DEVELOP]:
(1) DEVELOP A PROCESS TO DISTRIBUTE FUNDING TO THE
STATE-RELATED UNIVERSITIES. THE PROCESS SHALL UTILIZE
PERFORMANCE-BASED METRICS DESIGNED TO INCREASE DEGREE
ATTAINMENT, ENCOURAGE AFFORDABILITY IN HIGHER EDUCATION, MEET
WORKFORCE NEEDS AND GROW THE ECONOMY.
(2) OVERSEE THE PERFORMANCE-BASED FUNDING FORMULA BY
ASSIGNING PERFORMANCE GOALS AND WEIGHTS.
(3) MAKE LEGISLATIVE RECOMMENDATIONS TO THE GOVERNOR AND
THE GENERAL ASSEMBLY REGARDING THE PERFORMANCE-BASED FUNDING
FORMULA.
(A.1) ESTABLISHMENT AND RECONSTITUTION.--
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(1) THE PERFORMANCE-BASED FUNDING COUNCIL IS
ESTABLISHED.
(2) THE COUNCIL SHALL BE RECONSTITUTED ON THE EFFECTIVE
DATE OF THIS SUBSECTION.
* * *
(C) MEMBERSHIP.--
(1) THE COUNCIL SHALL CONSIST OF VOTING MEMBERS
APPOINTED UNDER PARAGRAPH (2) AND NONVOTING MEMBERS, WHO
SHALL SERVE IN AN ADVISORY ROLE, DESCRIBED UNDER PARAGRAPH
(3).
(2) THE VOTING MEMBERS OF THE COUNCIL SHALL CONSIST OF
THE FOLLOWING MEMBERS [OF THE STATE BOARD OF HIGHER EDUCATION
UNDER SECTION 2010-L(C)]:
(I) THE SECRETARY OF EDUCATION [APPOINTED UNDER
SECTION 2010-L(C)(1)] OR A DESIGNEE WHO IS A DEPUTY
SECRETARY OF THE DEPARTMENT.
(II) ONE MEMBER OF THE SENATE APPOINTED BY THE
PRESIDENT PRO TEMPORE OF THE SENATE [APPOINTED UNDER
SECTION 2010-L(C)(3)].
(III) ONE MEMBER OF THE SENATE APPOINTED BY THE
MINORITY LEADER OF THE SENATE [APPOINTED UNDER SECTION
2010-L(C)(4)].
(IV) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
[APPOINTED UNDER SECTION 2010-L(C)(5)].
(V) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES [APPOINTED UNDER SECTION 2010-L(C)(6)].
(3) THE NONVOTING MEMBERS OF THE COUNCIL SHALL BE:
(I) THE PRESIDENT OF THE PENNSYLVANIA STATE
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UNIVERSITY OR A DESIGNEE.
(II) THE CHANCELLOR OF THE UNIVERSITY OF PITTSBURGH
OR A DESIGNEE.
(III) THE PRESIDENT OF TEMPLE UNIVERSITY OR A
DESIGNEE.
(C.1) TERM.--VOTING MEMBERS OF THE COUNCIL APPOINTED UNDER
SUBSECTION (C)(2)(II), (III), (IV) AND (V) SHALL SERVE A TERM OF
OFFICE COTERMINOUS WITH THE RESPECTIVE ELECTIVE TERM OF THE
MEMBERS OF THE GENERAL ASSEMBLY. THE SECRETARY OF EDUCATION
SHALL SERVE AS LONG AS THE SECRETARY OF EDUCATION IS IN OFFICE.
(D) CHAIRPERSON.--THE VOTING MEMBERS OF THE COUNCIL SHALL
APPOINT A MEMBER TO SERVE AS THE CHAIRPERSON. THE COUNCIL SHALL
VOTE NOT LATER THAN EVERY 24 MONTHS TO APPOINT A MEMBER TO SERVE
AS CHAIRPERSON.
(E) COUNCIL MEETINGS.--THE MEETINGS OF THE COUNCIL SHALL BE
[HELD BIMONTHLY AND] AT THE CALL OF THE CHAIRPERSON AS NECESSARY
AND SHALL BE CONDUCTED IN ACCORDANCE WITH THE REQUIREMENTS OF 65
PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).
* * *
(H.1) ADMINISTRATIVE SUPPORT.--THE GENERAL ASSEMBLY AND THE
DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT FOR THE COUNCIL.
(I) POWERS AND DUTIES.--THE COUNCIL [SHALL]:
(1) [CONSULT] MAY CONSULT WITH COMMONWEALTH AGENCIES AND
EXPERTS TO ASSIST IN CARRYING OUT THE DUTIES OF THIS SECTION.
(2) [HOLD] MAY HOLD PUBLIC HEARINGS AT [EACH ONE OF THE
STATE-RELATED UNIVERSITIES AND RECEIVE INPUT FROM EXPERTS AND
INTERESTED PARTIES, INCLUDING PARENTS AND STUDENTS.] THE CALL
OF THE CHAIR TO RECEIVE INPUT FROM EXPERTS AND INTERESTED
PARTIES.
(3) [DEVELOP] SHALL DEVELOP RECOMMENDATIONS FOR A
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PROCESS THAT UTILIZES PERFORMANCE-BASED METRICS TO DISTRIBUTE
FUNDING.
(4) [NO] SHALL, NO LATER THAN [APRIL 30, 2025,] MAY 5,
2025, TRANSMIT THE RECOMMENDATIONS TO THE GOVERNOR, THE
BOARD, THE DEPARTMENT AND THE GENERAL ASSEMBLY, INCLUDING
DRAFT LEGISLATION TO IMPLEMENT THE PROCESS TO DISTRIBUTE
FUNDING.
(5) SHALL ANNUALLY ASSIGN PERFORMANCE GOALS AND WEIGHTS
UNDER SECTION 2035-L FOR THE PERFORMANCE-BASED FUNDING
FORMULA.
* * *
(L) [DISSOLUTION AND RECONSTITUTION.--
(1) UPON TRANSMITTAL OF THE REPORT UNDER SUBSECTION (I)
(4), THE COUNCIL SHALL DISSOLVE UNTIL RECONSTITUTED UNDER
PARAGRAPH (2).
(2) THE BOARD SHALL RECONSTITUTE THE COUNCIL EVERY FIVE
YEARS TO REEVALUATE THE PERFORMANCE METRICS UTILIZED FOR THE
DISTRIBUTION OF FUNDS TO STATE-RELATED UNIVERSITIES.]
(RESERVED).
(M) WORKFORCE OUTCOMES.--
(1) THE DEPARTMENT OF LABOR AND INDUSTRY AND THE
DEPARTMENT SHALL DEVELOP AN ANALYSIS ON POSTSECONDARY
GRADUATE EMPLOYMENT OUTCOMES FOR STATE-RELATED UNIVERSITIES,
INCLUDING EARNINGS AND EMPLOYMENT OUTCOMES FOR GRADUATES BY
DEGREE LEVEL, DEGREE MAJOR AND STATE IN WHICH AN INDIVIDUAL
IS EMPLOYED.
(2) THE COUNCIL SHALL CONSIDER THE INFORMATION AND
ANALYSIS ON POSTSECONDARY GRADUATE EMPLOYMENT OUTCOMES AS
PART OF FUTURE RECOMMENDATIONS BY THE COUNCIL RELATING TO
IMPROVEMENT AND AFFORDABILITY UNDER SECTION 2035-L(F).
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SECTION 57. SECTION 2033-L OF THE ACT, ADDED JULY 17, 2024
(P.L.960, NO.90), IS AMENDED TO READ:
SECTION 2033-L. PUBLIC INSTITUTION OF HIGHER EDUCATION
REPORTING.
(A) REQUIREMENTS.--NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE FOLLOWING INFORMATION SHALL BE REPORTED, INCLUDING
DISAGGREGATED DATA SETS FOR RESIDENT STUDENTS, NONRESIDENT
STUDENTS, UNDERGRADUATE STUDENTS AND GRADUATE STUDENTS, TO THE
DEPARTMENT BY PUBLIC INSTITUTIONS OF HIGHER EDUCATION:
(1) STUDENT ENROLLMENT[, INCLUDING IN-STATE AND OUT-OF-
STATE STUDENTS,] DISAGGREGATED BY DEMOGRAPHICS, ENROLLMENT
STATUS AND DEGREE TYPE [AND LEVEL].
(2) STUDENTS REACHING 30, 60, 90 AND 120 CREDIT HOUR
THRESHOLDS.
(3) STUDENTS COMPLETING CREDENTIALS, INCLUDING
CREDENTIALS ALIGNED TO HIGH-PRIORITY OCCUPATIONS.
(4) STUDENTS INCLUDED IN PRIORITY POPULATIONS, INCLUDING
LOW-INCOME STUDENTS, UNDERREPRESENTED MINORITY STUDENTS AND
ACADEMICALLY UNPREPARED STUDENTS.
(4.1) FOR STATE-RELATED UNIVERSITIES, PERFORMANCE
METRICS DATA UNDER SECTION 2034-L.
(5) ANY OTHER DATA REQUIRED BY THE DEPARTMENT, INCLUDING
DATA RELATED TO THE METRICS UNDER SECTION 2032-L.
(B) TRANSMITTAL.--
(1) A PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL
REPORT INFORMATION REQUIRED UNDER THIS SECTION TO THE
DEPARTMENT IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT.
(2) EACH STATE-RELATED UNIVERSITY SHALL ANNUALLY
TRANSMIT DATA TO THE DEPARTMENT NO LATER THAN MARCH 1, 2026,
AND EACH FEBRUARY 1 THEREAFTER. THE DEPARTMENT SHALL TRANSMIT
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DATA TO THE COUNCIL IN A TIMELY MANNER.
(C) SUBMISSION.--THE SYSTEM MAY SUBMIT THE INFORMATION
REQUIRED UNDER THIS SECTION ON BEHALF OF THE STATE-OWNED
UNIVERSITIES.
(D) EXCLUSION.--THE PROVISIONS OF SECTION 118 SHALL NOT
APPLY TO ANY DATA REQUIRED UNDER THIS SECTION.
(E) DATA SHARING.--
(1) THE DEPARTMENT MAY SHARE DATA COLLECTED UNDER THIS
SECTION WITH THE BOARD [AND THE COUNCIL].
(2) THE DEPARTMENT SHALL SHARE DATA COLLECTED UNDER THIS
SECTION WITH THE COUNCIL.
(3) THE FOLLOWING SHALL APPLY TO CONFIDENTIAL DATA
SHARED UNDER THIS SUBSECTION:
(I) WITHIN 120 DAYS OF THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH, THE DEPARTMENT SHALL ENTER INTO A DATA USE
AGREEMENT WITH THE COUNCIL. THE DATA USE AGREEMENT SHALL
INCLUDE TERMS TO ENSURE THAT THE DATA IS KEPT
CONFIDENTIAL AND SECURE AND REMAIN CONFIDENTIAL IN
ACCORDANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT OF 1974 (PUBLIC LAW 90-247, 20 U.S.C. § 1232G) AND
OTHER APPLICABLE LAWS GOVERNING DATA SHARING.
(II) THE DEPARTMENT SHALL ENTER INTO A DATA USE
AGREEMENT WITH THE BOARD PRIOR TO SHARING DATA UNDER
PARAGRAPH (1) AND INCLUDE THE SAME TERMS IN SUBPARAGRAPH
(I).
(III) THE DEPARTMENT MAY UTILIZE A DISCLOSURE METHOD
TO PROTECT STUDENT PRIVACY TO PREVENT THE IDENTIFICATION
OF STUDENTS.
(F) DEFINITION.--AS USED IN THIS SECTION, THE TERM "STUDENT"
MEANS AN INDIVIDUAL WHO ATTENDS AN INSTITUTION OF HIGHER
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EDUCATION, WHETHER ENROLLED ON A FULL-TIME, PART-TIME, DEGREE-
SEEKING, NON-DEGREE-SEEKING, CREDIT OR NONCREDIT BASIS.
(G) CONSTRUCTION.--NOTHING IN THE SECTION SHALL BE CONSTRUED
TO LIMIT THE OBLIGATIONS OF A STATE-RELATED UNIVERSITY TO
PROVIDE DATA OR OTHER INFORMATION TO THE DEPARTMENT OR THE
GENERAL ASSEMBLY AS REQUIRED BY LAW.
SECTION 58. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 2034-L. STATE-RELATED UNIVERSITY PERFORMANCE FUND.
(A) ESTABLISHMENT.--THE STATE-RELATED UNIVERSITY PERFORMANCE
FUND IS ESTABLISHED IN THE STATE TREASURY.
(B) COMPOSITION.--THE FUND SHALL CONSIST OF MONEY
APPROPRIATED OR TRANSFERRED TO THE FUND AND ALL INTEREST
EARNINGS RECEIVED FROM INVESTMENT OF MONEY IN THE FUND.
(C) APPROPRIATIONS.--MONEY IN THE FUND SHALL NOT BE
APPROPRIATED EXCEPT IN ACCORDANCE WITH SECTION 30 OF ARTICLE III
OF THE CONSTITUTION OF PENNSYLVANIA.
(D) PAYMENTS.--THE COMMONWEALTH SHALL PAY, ON AN EQUAL
MONTHLY BASIS DURING THE FISCAL YEAR, MONEY FROM THE FUND AS
PROVIDED UNDER SUBSECTION (C) TO EACH STATE-RELATED UNIVERSITY
IN THE AMOUNT CALCULATED UNDER SECTION 2035-L FOR THAT FISCAL
YEAR.
(E) REMAINING BALANCE.--ANY AVAILABLE BALANCE IN THE FUND
NOT AWARDED BY THE ALLOCATION UNDER SECTION 2035-L DURING A
FISCAL YEAR MAY NOT BE EXPENDED IN THAT FISCAL YEAR BUT SHALL
REMAIN IN THE FUND FOR APPROPRIATION UNDER SUBSECTION (C) IN A
SUBSEQUENT FISCAL YEAR.
SECTION 2035-L. PERFORMANCE-BASED FUNDING FORMULA.
(A) FINDINGS AND DECLARATIONS.--THE GENERAL ASSEMBLY FINDS
AND DECLARES THAT THE PERFORMANCE-BASED FUNDING FORMULA IS THE
RESULT OF THE WORK OF THE COUNCIL.
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(B) STUDENT-WEIGHTED COUNT.--
(1) NO LATER THAN JUNE 1, 2026, AND EACH JUNE 1
THEREAFTER, THE COUNCIL SHALL ASSIGN WEIGHTS TO THE FOLLOWING
CATEGORIES OF IN-STATE STUDENTS IN A STATE-RELATED
UNIVERSITY:
(I) FULL-TIME, FALL UNDERGRADUATE STUDENTS.
(II) STUDENTS WHO HAVE RECEIVED A PELL GRANT.
(III) STUDENTS WHO TRANSFERRED FROM A COMMUNITY
COLLEGE.
(IV) STUDENTS FROM A LOW-MATRICULATION HIGH SCHOOL.
(V) STUDENTS WHO EARNED A HIGH-DEMAND DEGREE.
(VI) STUDENTS WHO HAVE EARNED 60 CREDITS BY THE
START OF THEIR THIRD YEAR.
(2) USING THE CATEGORIES OF STUDENTS AND THE WEIGHTS
ASSIGNED BY THE COUNCIL UNDER PARAGRAPH (1), THE DEPARTMENT
SHALL ANNUALLY CALCULATE THE STUDENT-WEIGHTED COUNT USING THE
MOST RECENT DATA AVAILABLE FOR EACH STATE-RELATED UNIVERSITY.
(C) MAXIMUM PERFORMANCE ALLOCATION.--
(1) NO LATER THAN JUNE 1, 2026, AND EACH JUNE 1
THEREAFTER, THE COUNCIL SHALL ASSIGN:
(I) A PROPORTION BETWEEN 0 AND 1 OF THE MAXIMUM
ALLOCATION THAT IS BASED UPON AN EQUAL SHARE BETWEEN EACH
STATE-RELATED UNIVERSITY.
(II) A PROPORTION BETWEEN 0 AND 1 OF THE MAXIMUM
ALLOCATION THAT IS BASED UPON EACH STATE-RELATED
UNIVERSITY'S SHARE OF THE TOTAL STUDENT-WEIGHTED COUNT
DETERMINED UNDER SUBSECTION (B)(2).
(III) THE SUM OF THE ASSIGNED PROPORTIONS UNDER
SUBPARAGRAPHS (I) AND (II) SHALL EQUAL 1.
(2) THE DEPARTMENT SHALL ANNUALLY CALCULATE THE MAXIMUM
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PERFORMANCE ALLOCATION FOR EACH STATE-RELATED UNIVERSITY AS
FOLLOWS:
(I) MULTIPLY THE AMOUNT AVAILABLE IN THE FUND BY
0.95.
(II) MULTIPLY THE PRODUCT DETERMINED IN SUBPARAGRAPH
(I) BY THE PROPORTION DETERMINED UNDER PARAGRAPH (1)(II).
(III) DIVIDE THE STATE-RELATED UNIVERSITY'S STUDENT-
WEIGHTED COUNT CALCULATED UNDER SUBSECTION (B)(2) BY THE
SUM OF THE STUDENT-WEIGHTED COUNT FOR ALL STATE-RELATED
UNIVERSITIES CALCULATED UNDER SUBSECTION (B)(2).
(IV) MULTIPLY THE PRODUCT DETERMINED UNDER
SUBPARAGRAPH (II) BY THE QUOTIENT DETERMINED UNDER
SUBPARAGRAPH (III).
(V) MULTIPLY ONE-THIRD BY THE PROPORTION DETERMINED
UNDER PARAGRAPH (1)(I).
(VI) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (I) BY THE
PRODUCT IN SUBPARAGRAPH (V).
(VII) ADD THE PRODUCTS IN SUBPARAGRAPHS (IV) AND
(VI).
(D) PERFORMANCE METRICS AND GOALS.--
(1) THE STATE-RELATED UNIVERSITY'S PERFORMANCE
ALLOCATION UNDER SUBSECTION (E) SHALL BE CALCULATED BASED ON
PERFORMANCE ACROSS THE FOLLOWING METRICS:
(I) FOUR-YEAR GRADUATION RATES FOR IN-STATE,
UNDERGRADUATE STUDENTS.
(II) SIX-YEAR GRADUATION RATES FOR IN-STATE,
UNDERGRADUATE STUDENTS.
(III) SIX-YEAR GRADUATION RATES FOR IN-STATE, PELL-
GRANT-RECIPIENT UNDERGRADUATE STUDENTS.
(IV) HIGH-DEMAND DEGREE PRODUCTION FOR IN-STATE
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UNDERGRADUATE STUDENTS.
(2) NO LATER THAN JUNE 1, 2026, AND EACH JUNE 1
THEREAFTER, THE COUNCIL SHALL ASSIGN WEIGHTS TO EACH OF THE
PERFORMANCE METRICS UNDER PARAGRAPH (1) FOR THE PURPOSE OF
CALCULATING EACH STATE-RELATED UNIVERSITY'S PROGRESS TOWARDS
THE STATE-RELATED UNIVERSITY'S GOAL.
(3) NO LATER THAN JUNE 1, 2026, AND EACH JUNE 1
THEREAFTER, THE COUNCIL SHALL ADOPT A GOAL RATE FOR EACH
PERFORMANCE METRIC UNDER PARAGRAPH (1).
(4) THE HIGH-DEMAND DEGREE PRODUCTION GOAL FOR EACH
STATE-RELATED UNIVERSITY SHALL BE ASSIGNED BY THE COUNCIL AS
FOLLOWS:
(I) A HIGH-DEMAND DEGREE PRODUCTION TARGET RATE
SHALL BE DETERMINED AS A PROPORTION BETWEEN 0 AND 1.
(II) DIVIDE A STATE-RELATED UNIVERSITY'S TOTAL
BACHELOR'S DEGREES AWARDED FOR THE MOST RECENT YEAR
AVAILABLE BY THE STATEWIDE BACHELOR'S DEGREES AWARDED FOR
THE MOST RECENT YEAR AVAILABLE.
(III) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (II) BY
THE SHORT-TERM WORKFORCE DEMAND PROJECTION.
(IV) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (III) BY
THE PROPORTION IN SUBPARAGRAPH (I).
(E) PERFORMANCE ALLOCATION.--
(1) THE DEPARTMENT SHALL CALCULATE THE PROGRESS TOWARD
THE GOAL FOR EACH STATE-RELATED UNIVERSITY AS FOLLOWS:
(I) FOR THE PERFORMANCE METRICS IN SUBSECTION (D)(1)
(I), (II) AND (III), DIVIDE THE CURRENT RATE OF EACH
METRIC FOR THE MOST RECENT YEAR AVAILABLE BY EACH
METRIC'S RESPECTIVE GOAL RATE AS DETERMINED IN SUBSECTION
(D)(3).
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(II) FOR THE METRIC IN SUBSECTION (D)(1)(IV), DIVIDE
THE NUMBER OF HIGH-DEMAND DEGREES FOR THE MOST RECENT
YEAR AVAILABLE BY THE PRODUCT IN SUBSECTION (D)(4)(IV).
(III) CALCULATE THE AVERAGE OF THE QUOTIENTS IN
SUBPARAGRAPHS (I) AND (II).
(2) THE DEPARTMENT SHALL CALCULATE THE PERFORMANCE
ALLOCATION FOR EACH STATE-RELATED UNIVERSITY BY MULTIPLYING
THE STATE-RELATED UNIVERSITY'S MAXIMUM PERFORMANCE ALLOCATION
DETERMINED UNDER SUBSECTION (C)(2) BY THE STATE-RELATED
UNIVERSITY'S PROGRESS TOWARD THE GOAL DETERMINED UNDER
PARAGRAPH (1).
(F) IMPROVEMENT AND AFFORDABILITY ALLOCATION.--
(1) THE DEPARTMENT SHALL ANNUALLY CALCULATE THE TOTAL
AMOUNT AVAILABLE FOR THE IMPROVEMENT AND AFFORDABILITY
ALLOCATION BY MULTIPLYING THE AMOUNT IN THE FUND BY 0.05.
(2) THE DEPARTMENT SHALL ANNUALLY CALCULATE AN
IMPROVEMENT BONUS FOR EACH STATE-RELATED UNIVERSITY AS
FOLLOWS:
(I) ADD THE POSITIVE PERCENTAGE POINT INCREASES IN
THE RATES OF THE PERFORMANCE METRICS IN SUBSECTION (D)(1)
(I), (II) AND (III) FROM THE MOST RECENT YEAR OF DATA
AVAILABLE COMPARED TO THE PRIOR YEAR.
(II) SUBTRACT THE HIGH-DEMAND DEGREES AWARDED FOR
THE PRIOR YEAR FROM THE HIGH-DEMAND DEGREES AWARDED FOR
THE MOST RECENT YEAR DATA IS AVAILABLE.
(III) DIVIDE THE DIFFERENCE IN SUBPARAGRAPH (II) BY
THE HIGH-DEMAND DEGREES AWARDED FOR THE PRIOR YEAR.
(IV) DETERMINE THE GREATER OF THE QUOTIENT FOUND IN
SUBPARAGRAPH (III) OR ZERO.
(V) ADD THE AMOUNTS IN SUBPARAGRAPHS (I) AND (IV).
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(3) NO LATER THAN JUNE 1, 2026, AND EACH JUNE 1
THEREAFTER, THE COUNCIL SHALL ANNUALLY ASSIGN A PERCENTAGE
POINT AFFORDABILITY BONUS FOR EACH STATE-RELATED UNIVERSITY
ON THE BASIS THAT THE STATE-RELATED UNIVERSITY MAINTAINS THE
PERCENTAGE INCREASE IN THEIR TOTAL COST OF ATTENDANCE FOR THE
CURRENT YEAR OVER THE PRIOR YEAR BY AN AMOUNT LESS THAN THE
PERCENTAGE INCREASE IN THE HIGHER EDUCATION PRICE INDEX FOR
THE MOST RECENT YEAR AVAILABLE.
(4) THE IMPROVEMENT AND AFFORDABILITY ALLOCATION FOR
EACH STATE-RELATED UNIVERSITY SHALL BE CALCULATED BY THE
DEPARTMENT AS FOLLOWS:
(I) ADD THE AMOUNTS IN PARAGRAPH (2)(V) FOR EACH
STATE-RELATED UNIVERSITY.
(II) ADD THE AMOUNTS IN PARAGRAPH (3) FOR EACH
STATE-RELATED UNIVERSITY.
(III) ADD THE SUMS IN SUBPARAGRAPHS (I) AND (II).
(IV) ADD THE SUM IN PARAGRAPH (2)(V) FOR THE STATE-
RELATED UNIVERSITY TO THE AMOUNT IN PARAGRAPH (3) FOR THE
STATE-RELATED UNIVERSITY.
(V) DIVIDE THE SUM IN SUBPARAGRAPH (IV) FOR THE
STATE-RELATED UNIVERSITY BY THE SUM IN SUBPARAGRAPH
(III).
(VI) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (V) BY
THE AMOUNT AVAILABLE FOR THE IMPROVEMENT AND
AFFORDABILITY ALLOCATION UNDER PARAGRAPH (1).
SECTION 2036-L. PUBLIC ACCOUNTABILITY.
(A) GOALS AND WEIGHTS.--AFTER THE COUNCIL ASSIGNS THE
PERFORMANCE GOALS AND WEIGHTS UNDER SECTION 2035-L, THE CHAIR OF
THE COUNCIL SHALL TRANSMIT THE PERFORMANCE GOALS AND WEIGHTS TO
THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT
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AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.
(B) PUBLIC POSTING.--THE DEPARTMENT AND EACH STATE-RELATED
UNIVERSITY SHALL POST ON THE PUBLICLY ACCESSIBLE INTERNET
WEBSITE OF THE DEPARTMENT AND EACH STATE-RELATED UNIVERSITY THE
FOLLOWING:
(1) THE CURRENT YEAR DATA FOR EACH OF THE METRICS
INCLUDED IN THE STUDENT-WEIGHTED COUNT AND EACH METRIC
INCLUDED AS PERFORMANCE METRIC UNDER SECTION 2035-L.
(2) THE PERFORMANCE GOALS AND WEIGHTS ASSIGNED BY THE
COUNCIL AND PUBLISHED IN THE PENNSYLVANIA BULLETIN FOR THE
PERFORMANCE METRICS.
SECTION 59. SECTION 2052-L(2), (4)(V)(B) AND (C) AND (5) OF
THE ACT, ADDED JULY 17, 2024 (P.L.945, NO.89), ARE AMENDED AND
THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 2052-L. AGENCY DUTIES.
THE AGENCY SHALL:
* * *
(2) USE MONEY APPROPRIATED FOR THE PURPOSE OF AWARDING
GRANTS[.], EXCEPT THAT THE AGENCY MAY USE UP TO 5% OF MONEY
APPROPRIATED FOR THE PURPOSE OF ADMINISTRATING, IMPLEMENTING
AND SERVICING COSTS ASSOCIATED WITH THE PROGRAM.
* * *
(4) ESTABLISH ELIGIBILITY CRITERIA IN ORDER FOR A
STUDENT TO RECEIVE A GRANT. THE CRITERIA SHALL, AT A MINIMUM,
INCLUDE THAT A STUDENT MUST:
* * *
(V) ENTER INTO A WRITTEN AGREEMENT WITH THE AGENCY
TO:
* * *
(B) [COMMENCE] RESIDE AND COMMENCE EMPLOYMENT IN
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THIS COMMONWEALTH WITHIN ONE YEAR AFTER COMPLETION OF
AN APPROVED COURSE OF STUDY CULMINATING IN A
BACHELOR'S OR ASSOCIATE'S DEGREE. THE EMPLOYMENT MUST
BE IN AN IN-DEMAND OCCUPATION, AS DETERMINED BY THE
AGENCY, FOR A PERIOD OF 12 MONTHS FOR EACH ACADEMIC
YEAR THE STUDENT RECEIVED A GRANT, UNLESS THE AGENCY
DETERMINES THAT THERE ARE EXTENUATING CIRCUMSTANCES.
IF THE AGENCY DETERMINES THAT THERE ARE NO
EXTENUATING CIRCUMSTANCES, RESIDENCY AND EMPLOYMENT
IN THIS COMMONWEALTH MUST BE MAINTAINED FOR THE
DURATION OF THE QUALIFYING EMPLOYMENT.
(C) REIMBURSE THE COMMONWEALTH THE AGGREGATE
AMOUNT OF A SCHOLARSHIP, INCLUDING INTEREST, RECEIVED
UNDER THIS SUBARTICLE IF THE STUDENT FAILS TO COMPLY
WITH CLAUSES (A) AND (B). FOR A STUDENT WHO PARTIALLY
SATISFIES THE WORK REQUIREMENT, THE AGENCY SHALL
PRORATE THE REQUIRED REIMBURSEMENT.
(5) MONITOR AND VERIFY A STUDENT'S COMPLIANCE WITH THE
AGREEMENT AND ENFORCE LOAN REPAYMENT OF ALL GRANTS FOR A
STUDENT WHO DOES NOT COMPLY WITH THE PROVISIONS OF THIS
SECTION, INCLUDING USE OF ALL LAWFUL COLLECTION PROCEDURES.
NOTHING UNDER THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE AN
INSTITUTION OF HIGHER EDUCATION TO ENFORCE ANY PROVISION OF
THIS SUBARTICLE RELATING TO REPAYMENT OF FUNDS FOR FAILURE TO
COMPLY WITH THE PROVISIONS OF THIS SECTION.
* * *
(7) NOT CHARGE MORE THAN THE THREE-MONTH U.S. TREASURY
BILL RATE FOR INTEREST ON ANY REPAYMENT UNDER PARAGRAPH (4)
(V)(C).
SECTION 60. SECTIONS 2054-L, 2062-L INTRODUCTORY PARAGRAPH
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AND 2204-B(B)(1) OF THE ACT, AMENDED OR ADDED JULY 17, 2024
(P.L.945, NO.89), ARE AMENDED TO READ:
SECTION 2054-L. GRANT PRIORITY.
THE AGENCY SHALL:
(1) ESTABLISH A PROCESS FOR ACCEPTING AND REVIEWING
APPLICATIONS. THE PROCESS SHALL ENSURE APPLICATIONS WHICH
MEET THE ELIGIBILITY CRITERIA AND ARE COMPLETE WILL BE
AWARDED IN THE ORDER RECEIVED BY THE AGENCY. [THE FOLLOWING
SHALL APPLY:
(I) FOR THE 2024-2025 SCHOOL YEAR, APPLICATIONS
SHALL OPEN NO EARLIER THAN SEPTEMBER 15.
(II) FOR THE 2025-2026 SCHOOL YEAR AND EACH SCHOOL
YEAR THEREAFTER, APPLICATIONS SHALL OPEN AS FOLLOWS:
(A) FOR THE SPRING TERM, NO EARLIER THAN
SEPTEMBER 15.
(B) FOR THE FALL TERM, NO EARLIER THAN FEBRUARY
15.]
(2) GIVE RENEWAL APPLICANTS THE OPPORTUNITY OF FIRST
PRIORITY IN AWARDING GRANTS FOR THEIR RENEWAL APPLICATIONS.
SECTION 2062-L. REPORT.
THE AGENCY SHALL PREPARE AND SUBMIT TO THE GOVERNOR, THE
GENERAL ASSEMBLY AND THE SECRETARY OF EDUCATION[, NO LATER THAN
DECEMBER 31, 2025, AND EACH DECEMBER 31 THEREAFTER, A] AN ANNUAL
REPORT DETAILING THE OPERATION OF THE PROGRAM EACH YEAR. THE
REPORT SHALL, AT A MINIMUM, INCLUDE:
* * *
SECTION 2204-B. AGENCY.
* * *
(B) ELIGIBILITY CRITERIA.--THE ELIGIBILITY CRITERIA
DEVELOPED FOR THE RECEIPT OF A SCHOLARSHIP UNDER SUBSECTION (A)
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SHALL, AT A MINIMUM, REQUIRE ALL OF THE FOLLOWING:
(1) TOTAL ANNUAL HOUSEHOLD INCOME NOT TO EXCEED
[$175,000] $200,000. WITH EACH NEW AWARD YEAR, THE AGENCY MAY
ANNUALLY ADJUST THE TOTAL ANNUAL HOUSEHOLD INCOME THRESHOLD
UNDER THIS PARAGRAPH 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.
* * *
SECTION 61. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2329. STATE AID FOR FISCAL YEAR 2025-2026.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
EACH LIBRARY SUBJECT TO 24 PA.C.S. CH. 93 (RELATING TO PUBLIC
LIBRARY CODE) SHALL BE ELIGIBLE FOR STATE AID FOR FISCAL YEAR
2025-2026 AS FOLLOWS:
(1) FUNDS APPROPRIATED FOR LIBRARIES SHALL BE
DISTRIBUTED TO EACH LIBRARY UNDER THE FOLLOWING FORMULA:
(I) DIVIDE THE SUM OF THE AMOUNT OF FUNDING THE
LIBRARY RECEIVED IN FISCAL YEAR 2024-2025 UNDER SECTION
2328 BY THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2024-
2025.
(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2025-2026.
(2) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR
STATE AID TO LIBRARIES UNDER PARAGRAPH (1), ANY REMAINING
FUNDS MAY BE DISTRIBUTED AT THE DISCRETION OF THE STATE
LIBRARIAN.
(3) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN
FISCAL YEAR 2025-2026 ARE LESS THAN FUNDS APPROPRIATED IN
FISCAL YEAR 2002-2003, ADJUSTED FOR INFLATION ACCORDING TO
THE CONSUMER PRICE INDEX, THE STATE LIBRARIAN MAY WAIVE
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STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93.
(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS
SECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID IN
A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE
LIBRARY SYSTEM.
(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A
LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO
THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY
MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.
(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER
POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A
RESULT OF:
(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT
OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR
(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO
A COUNTY LIBRARY SYSTEM; FUNDING OF DISTRICT LIBRARY
CENTER AID SHALL BE PAID BASED ON THE POPULATION OF THE
NEWLY ESTABLISHED OR RECONFIGURED DISTRICT LIBRARY
CENTER.
(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM
ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT
OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY
SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.
SECTION 62. SECTION 2502.56(B)(2)(II) OF THE ACT, ADDED JULY
11, 2024 (P.L.618, NO.55), IS AMENDED AND THE SECTION IS AMENDED
BY ADDING A SUBSECTION TO READ:
SECTION 2502.56. STUDENT-WEIGHTED BASIC EDUCATION FUNDING
BEGINNING WITH 2023-2024 SCHOOL YEAR.--* * *
(B) FOR THE 2023-2024 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT A
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BASIC EDUCATION FUNDING ALLOCATION WHICH SHALL CONSIST OF THE
FOLLOWING:
* * *
(2) A STUDENT-BASED ALLOCATION TO BE CALCULATED AS FOLLOWS:
* * *
(II) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (I) BY THE
DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF
BASIC EDUCATION FUNDING TO SCHOOL DISTRICTS AND THE SUM OF THE
AMOUNTS APPROPRIATED FOR THE ALLOCATION IN PARAGRAPH (1) AND
[SUBSECTION (C)] SUBSECTIONS (C) AND (C.1).
* * *
(C.1) FOR THE 2024-2025 SCHOOL YEAR, THE COMMONWEALTH SHALL
PAY AN AMOUNT EQUAL TO FIVE MILLION DOLLARS ($5,000,000) TO A
SCHOOL DISTRICT LOCATED IN A COUNTY OF THE SECOND CLASS A WITH A
2021-2022 ADJUSTED AVERAGE DAILY MEMBERSHIP GREATER THAN 5,590
AND LESS THAN 5,595 AND A 2021-2022 CURRENT EXPENDITURE OF LESS
THAN ONE HUNDRED TEN MILLION DOLLARS ($110,000,000). PAYMENTS
UNDER THIS SUBSECTION SHALL BE DEEMED TO BE PART OF THE SCHOOL
DISTRICT'S ALLOCATION AMOUNT UNDER SUBSECTION (B)(1) FOR THE
IMMEDIATELY SUCCEEDING SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER.
* * *
SECTION 63. SECTION 2509.8 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 2509.8. EXTRAORDINARY SPECIAL EDUCATION PROGRAM
EXPENSES.--* * *
(G) FOR THE 2025-2026 SCHOOL YEAR, AN AMOUNT EQUAL TO FIVE
MILLION DOLLARS ($5,000,000) FROM UNCOMMITTED, UNEXPENDED FUNDS
AVAILABLE IN THE SPECIAL EDUCATION APPROPRIATION SHALL BE
DISTRIBUTED TO CHARTER SCHOOLS ESTABLISHED UNDER SECTION 1717-A
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IN A SCHOOL DISTRICT OF THE FIRST CLASS FOR EXTRAORDINARY
EXPENSES INCURRED IN PROVIDING A SPECIAL EDUCATION PROGRAM OR
SERVICE TO ONE OR MORE STUDENTS WITH DISABILITIES AS APPROVED BY
THE SECRETARY OF EDUCATION. THE FOLLOWING SHALL APPLY:
(1) THE EXTRAORDINARY EXPENSES SHALL BE CALCULATED IN
ACCORDANCE WITH SECTION 1372(8)(VI).
(2) THE PROVISIONS OF SUBSECTIONS (C) AND (F)(II) AND (III)
SHALL APPLY TO MONEY DISTRIBUTED UNDER THIS SUBSECTION.
SECTION 64. SECTION 2510.3(A)(2) OF THE ACT, AMENDED JULY
11, 2024 (P.L.618, NO.55), IS AMENDED TO READ:
SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO
BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL
WATCH STATUS.--(A) THE FOLLOWING APPLY:
* * *
(2) FOR THE 2017-2018, 2018-2019, 2019-2020, 2020-2021,
2021-2022, 2022-2023, 2023-2024 [AND], 2024-2025 AND 2025-2026
FISCAL YEARS, THE DEPARTMENT OF EDUCATION MAY UTILIZE UP TO
SEVEN MILLION DOLLARS ($7,000,000) OF UNDISTRIBUTED FUNDS NOT
EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR
GRANTS, SUBSIDIES AND ASSESSMENTS MADE TO THE DEPARTMENT OF
EDUCATION TO ASSIST SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL
RECOVERY STATUS UNDER SECTION 621-A, IDENTIFIED FOR FINANCIAL
WATCH STATUS UNDER SECTION 611-A OR 694-A OR SUBJECT TO
OVERSIGHT DURING THE TRANSITION PERIOD UNDER SECTION 625-A. THE
FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF THE BUDGET TO A
RESTRICTED ACCOUNT AS NECESSARY TO MAKE PAYMENTS UNDER THIS
SECTION AND, WHEN TRANSFERRED, ARE HEREBY APPROPRIATED TO CARRY
OUT THE PROVISIONS OF THIS SECTION.
* * *
SECTION 65. SECTION 2599.6(A.4), (A.6)(2), (A.7)(2), (A.8)
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AND (F)(1) OF THE ACT, ADDED JULY 11, 2024 (P.L.618, NO.55), ARE
AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
SECTION 2599.6. READY-TO-LEARN BLOCK GRANT.--* * *
(A.4) FOR THE 2023-2024 SCHOOL YEAR [AND EACH SCHOOL YEAR
THEREAFTER], EACH SCHOOL ENTITY SHALL RECEIVE A READY-TO-LEARN
BLOCK GRANT IN AN AMOUNT NOT LESS THAN THE AMOUNT RECEIVED BY
THE SCHOOL ENTITY FROM THE APPROPRIATION FOR THE READY-TO-LEARN
BLOCK GRANT DURING THE 2022-2023 FISCAL YEAR.
* * *
(A.6) THE COMMONWEALTH SHALL PAY AN ADEQUACY SUPPLEMENT FROM
THE READY-TO-LEARN BLOCK GRANT APPROPRIATION AS FOLLOWS:
* * *
(2) [(RESERVED).] FOR THE 2025-2026 SCHOOL YEAR:
(I) DIVIDE THE AMOUNT DETERMINED IN SUBSECTION (F)(1) BY THE
SUM OF THE AMOUNTS DETERMINED IN SUBSECTION (F)(1) FOR EACH
SCHOOL DISTRICT.
(II) MULTIPLY THE QUOTIENT DETERMINED IN SUBPARAGRAPH (I) BY
$526,440,000.
(A.7) THE COMMONWEALTH SHALL PAY A TAX EQUITY SUPPLEMENT
FROM THE READY-TO-LEARN BLOCK GRANT APPROPRIATION AS FOLLOWS:
* * *
(2) [(RESERVED).] FOR THE 2025-2026 SCHOOL YEAR:
(I) SUBTRACT THE AMOUNT RECEIVED UNDER PARAGRAPH (1) FROM
THE AMOUNT DETERMINED IN SUBSECTION (G)(1).
(II) DIVIDE THE DIFFERENCE IN SUBPARAGRAPH (I) BY THE SUM OF
THE AMOUNTS DETERMINED IN SUBPARAGRAPH (I) FOR EACH SCHOOL
DISTRICT.
(III) MULTIPLY THE QUOTIENT DETERMINED IN SUBPARAGRAPH (II)
BY $32,202,000.
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(A.8) NO SCHOOL DISTRICT THAT RECEIVES FUNDING UNDER
SUBSECTION (A.6) OR (A.7) SHALL SEEK A REFERENDUM EXCEPTION
UNDER SECTION 333 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS.,
P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT, FOR THE 2025-
2026 [SCHOOL YEAR.] AND 2026-2027 SCHOOL YEARS. A SCHOOL
DISTRICT IS NOT REQUIRED TO APPLY FOR AND RECEIVE THE FUNDING
UNDER SUBSECTION (A.6) OR (A.7) FOR WHICH IT IS ELIGIBLE.
(A.9) THE COMMONWEALTH SHALL PAY A MINIMUM ALLOCATION
SUPPLEMENT, FOR WHICH THE PROVISIONS UNDER SUBSECTIONS (B)(1),
(C)(3) AND (D)(2) SHALL APPLY, FROM THE READY-TO-LEARN BLOCK
GRANT APPROPRIATION AS FOLLOWS:
(1) FOR THE 2025-2026 SCHOOL YEAR:
(I) IF THE SUM OF THE AMOUNTS DETERMINED UNDER SUBSECTIONS
(A.6)(2)(II) AND (A.7)(2) FOR THE SCHOOL DISTRICT IS LESS THAN
$50,000, THE DIFFERENCE OF $50,000 MINUS THE SUM OF THE AMOUNTS
DETERMINED UNDER SUBSECTIONS (A.6)(2)(II) AND (A.7)(2) FOR THE
SCHOOL DISTRICT.
(II) IF THE SUM OF THE AMOUNTS DETERMINED UNDER SUBSECTIONS
(A.6)(2)(II) AND (A.7)(2) FOR THE SCHOOL DISTRICT IS GREATER
THAN OR EQUAL TO $50,000, $0.
(2) (RESERVED).
* * *
(F) THE PROVISIONS IN THIS SUBSECTION RELATE TO THE ADEQUACY
SUPPLEMENT. THE FOLLOWING SHALL APPLY:
(1) THE DEPARTMENT SHALL CALCULATE AN ADEQUACY GAP FOR EACH
SCHOOL DISTRICT AS FOLLOWS:
(I) FOR EACH SCHOOL DISTRICT, MULTIPLY $14,120 BY THE SCHOOL
DISTRICT'S STUDENT-WEIGHTED AVERAGE DAILY MEMBERSHIP CALCULATED
UNDER SUBSECTION (E)(2).
(II) SUBTRACT THE SCHOOL DISTRICT'S CURRENT EXPENDITURES
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FROM THE AMOUNT CALCULATED FOR THE SCHOOL DISTRICT UNDER
SUBPARAGRAPH (I).
(III) DETERMINE THE GREATER OF $0 OR THE DIFFERENCE
CALCULATED UNDER SUBPARAGRAPH (II).
(IV) SUBTRACT THE ADEQUACY ADJUSTMENT UNDER PARAGRAPH (3)
FROM THE AMOUNT DETERMINED IN SUBPARAGRAPH (III). FOR THE 2025-
2026 FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, THE ADEQUACY
ADJUSTMENT DETERMINED IN PARAGRAPH (3) FOR EACH SCHOOL DISTRICT
SHALL BE ZERO.
* * *
SECTION 66. SECTION 2608-J OF THE ACT, AMENDED JULY 11,
2024, P.L.618, NO.55), IS AMENDED TO READ:
SECTION 2608-J. APPLICABILITY.
THIS ARTICLE SHALL APPLY TO PROJECTS FOR WHICH APPROVAL AND
REIMBURSEMENT IS SOUGHT AND TO THE MAINTENANCE PROJECT GRANT
PROGRAM BEGINNING JULY 1, [2025] 2026.
SECTION 67. AN INDIVIDUAL TO WHOM THE DEPARTMENT OF
EDUCATION HAS ISSUED AN INSTRUCTIONAL INTERN CERTIFICATE OR
CAREER AND TECHNICAL INTERN CERTIFICATE PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION AND WHICH CERTIFICATE IS VALID ON THE
EFFECTIVE OF THIS SECTION SHALL BE DEEMED TO HOLD AN
INSTRUCTIONAL EXPERIENCE-BASED CERTIFICATE OR CAREER AND
TECHNICAL EXPERIENCE-BASED CERTIFICATE, AS APPLICABLE, UNDER THE
ACT AND THE REGULATIONS PROMULGATED UNDER 22 PA. CODE CH. 49.
SECTION 68. THE COSMETOLOGY TRAINING THROUGH CAREER AND
TECHNICAL CENTER PROGRAM IS A CONTINUATION OF THE COSMETOLOGY
TRAINING THROUGH CAREER AND TECHNICAL CENTER PILOT PROGRAM. THE
CONVERSION TO A PERMANENT PROGRAM IS A CONTINUATION OF THE PILOT
PROGRAM AND ALL ACTIVITIES INITIATED UNDER THE PILOT PROGRAM
SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT. ORDERS,
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REGULATIONS, RULES AND DECISIONS WHICH WERE MADE UNDER THE PILOT
PROGRAM AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS
SECTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED,
VACATED OR MODIFIED. CONTRACTS, OBLIGATIONS AND COLLECTIVE
BARGAINING AGREEMENTS ENTERED INTO UNDER THE PILOT PROGRAM ARE
NOT AFFECTED NOR IMPAIRED BY THE CONVERSION FROM THE PILOT
PROGRAM.
SECTION 69. THE BARBER TRAINING THROUGH CAREER AND TECHNICAL
CENTER PROGRAM IS A CONTINUATION OF THE BARBER TRAINING THROUGH
CAREER AND TECHNICAL CENTER PILOT PROGRAM. THE CONVERSION TO A
PERMANENT PROGRAM IS A CONTINUATION OF THE PILOT PROGRAM AND ALL
ACTIVITIES INITIATED UNDER THE PILOT PROGRAM SHALL CONTINUE AND
REMAIN IN FULL FORCE AND EFFECT. ORDERS, REGULATIONS, RULES AND
DECISIONS WHICH WERE MADE UNDER THE PILOT PROGRAM AND WHICH ARE
IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION SHALL REMAIN IN
FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR MODIFIED.
CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS
ENTERED INTO UNDER THE PILOT PROGRAM ARE NOT AFFECTED NOR
IMPAIRED BY THE CONVERSION FROM THE PILOT PROGRAM.
SECTION 70. THE FOLLOWING APPLY TO REGULATIONS:
(1) ANY REGULATION INCONSISTENT WITH THE ADDITION OF
SECTION 1221 OF THE ACT IS ABROGATED TO THE EXTENT OF ANY
INCONSISTENCY WITH THE ADDITION OF SECTION 1221 OF THE ACT.
(2) THE REGULATIONS AT 22 PA. CODE CH. 49 ARE ABROGATED
TO THE EXTENT OF ANY INCONSISTENCY WITH THIS ACT.
(3) THE REGULATIONS AT 22 PA. CODE § 49.85(C) AND (D)
ARE ABROGATED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
SECTION 71. THE FOLLOWING SHALL APPLY RETROACTIVELY TO JULY
1, 2025:
(1) THE ADDITION OF SECTION 1207.5 OF THE ACT.
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(2) THE AMENDMENT OF SECTION 1857 HEADING, (A), (D)
INTRODUCTORY PARAGRAPH AND (E) OF THE ACT.
(3) THE AMENDMENT OF SECTION 1858 HEADING, (A), (D)
INTRODUCTORY PARAGRAPH AND (E) OF THE ACT.
SECTION 72. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IN 30 DAYS:
(I) THE ADDITION OF SECTION 1203.1 OF THE ACT.
(II) THE AMENDMENT OF SECTION 1216.1(D) OF THE ACT.
(III) THE ADDITION OF SECTION 1333(A)(2.1) AND (2.2)
AND (C.1) OF THE ACT.
(IV) THE ADDITION OF SECTION 1333.3(I) OF THE ACT.
(2) THE FOLLOWING SHALL TAKE EFFECT IN 60 DAYS:
(I) THE AMENDMENT OR ADDITION OF SECTION 1205.2(K)
INTRODUCTORY PARAGRAPH, (2) AND (2.2) AND (K.2) OF THE
ACT.
(II) THE AMENDMENT OR ADDITION OF SECTION 1327.2(A)
AND (A.1) OF THE ACT.
(III) THE ADDITION OF SECTION 1333.2(I) OF THE ACT.
(IV) THE ADDITION OF SECTION 1333.3(J) OF THE ACT.
(V) THE AMENDMENT OR ADDITION OF SECTION 1303-D
HEADING, (A), (C)(11), (12) AND (13), (D) AND (E) OF THE
ACT.
(VI) THE AMENDMENT OR ADDITION OF SECTION 1748-A(A),
(A.1), (B), (D) AND (E) OF THE ACT.
(3) THE FOLLOWING SHALL TAKE EFFECT AUGUST 1, 2026:
(I) THE AMENDMENT OF SECTION 1327.2(C) OF THE ACT.
(II) THE ADDITION OF SECTION 1333.1(D.1) OF THE ACT.
(III) THE ADDITION OF SECTION 1333.5 OF THE ACT.
(IV) THE AMENDMENT OF SECTION 1339 OF THE ACT.
(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
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