SENATE AMENDED
PRIOR PRINTER'S NOS. 666, 1975, 2227, PRINTER'S NO. 4190
2262, 3396, 3732
No. 601 Session of 1997
INTRODUCED BY LYNCH, HUTCHINSON, McILHATTAN, SURRA, SCRIMENTI,
BATTISTO, ITKIN, ARGALL, STEELMAN, TRELLO, HENNESSEY,
SEYFERT, ROBERTS, COWELL, BELFANTI AND C. WILLIAMS,
FEBRUARY 13, 1997
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, NOVEMBER 24, 1998
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," FURTHER PROVIDING FOR AUXILIARY <--
6 SERVICES; AND THE DEFINITION OF "SCHOOL YEAR"; PROVIDING FOR <--
7 ADVANCE NOTIFICATION OF PESTICIDE APPLICATION WITHIN SCHOOLS,
8 SCHOOL GROUNDS, ATHLETIC FIELDS AND PLAYGROUNDS; FURTHER
9 PROVIDING FOR THE WITHHOLDING OF CERTAIN STATE PAYMENTS, FOR
10 DISTRESS IN SCHOOL DISTRICTS OF THE FIRST CLASS, FOR THE <--
11 LEVYING OF TAXES IN SCHOOL DISTRICTS LYING IN MORE THAN ONE
12 COUNTY OR ONE MUNICIPALITY, FOR THE CONTRACTUAL POWERS OF THE
13 CHANCELLOR OF THE STATE SYSTEM OF HIGHER EDUCATION AND FOR
14 PUPIL TRANSPORTATION REIMBURSEMENT; AND providing for <--
15 community education councils, for powers and duties of <--
16 community education councils, for maximum class sizes in
17 certain classrooms; and making appropriations. COUNCILS; AND <--
18 ESTABLISHING THE POLICE OFFICER AND FIREFIGHTER CHILD
19 BENEFICIARY EDUCATION PROGRAM. COUNCILS. <--
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
23 as the Public School Code of 1949, is amended by adding an
24 article to read:
1 ARTICLE XIX-D.
2 COMMUNITY EDUCATION COUNCIL.
3 Section 1901-D. Declaration of policy.--It is the intent of
4 the General Assembly, through this article, to provide for
5 postsecondary education services in educationally underserved
6 areas of this Commonwealth through the creation of community
7 education councils. In light of the increasing emphasis on
8 advanced degrees and retraining in the work force, this article
9 seeks to provide access to postsecondary educational
10 opportunities that are appropriate to the needs of the local
11 community. The councils will assess the regional needs and
12 interests of potential students as well as those of employers in
13 the community.
14 Section 1902-D. Definitions.--For purposes of this article:
15 (1) "Community education council." A nonprofit
16 institutionally neutral educational organization, governed by a
17 community-based board of directors, which serves to provide
18 access to post-secondary education and training resources for
19 citizens in educationally underserved areas of this
20 Commonwealth.
21 (2) "Educationally underserved area." An area designated by
22 the Secretary of Education of the Commonwealth as an adult
23 education, continuing education and/or post-secondary education
24 shortage area using criteria which take into account special
25 barriers to the provision of education services.
26 (3) "Institutionally neutral." Having no exclusive legal
27 affiliation with any provider of post-secondary education or a
28 branch campus, branch location or outreach center of a provider
29 of postsecondary education.
30 (4) "Post-secondary education resources." The term
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1 includes, but is not limited to, area vocational-technical
2 schools, degree-granting institutions of higher education
3 accredited by an accrediting agency recognized by the Federal
4 Government, institutions licensed under the act of December 15,
5 1986 (P.L.1585, No.174), known as the "Private Licensed Schools
6 Act", professional, vocational or occupational certification or
7 licensure programs, and educational technology.
8 (5) "Secretary." The Secretary of Education of the
9 Commonwealth.
10 Section 1903-D. Recognition and Approval of Community
11 Education Councils; Withdrawal of Recognition and Approval.--(a)
12 The secretary shall establish procedures and criteria for
13 formally recognizing existing community education councils under
14 this article. The secretary shall also establish procedures and
15 criteria for the assessment of community need and approval of
16 additional councils, such approval to be conditioned upon the
17 appropriation of additional State funding necessary for those
18 new councils.
19 (b) The secretary shall also establish procedures for
20 withdrawing formal recognition and approval of any council
21 covered by subsection (a).
22 (c) Withdrawal of recognition and approval of a council
23 shall last until expiration of the Commonwealth's current fiscal
24 year, after which time the secretary may reconsider the council
25 for inclusion in the State allocation of funds. If funds have
26 been allocated for the current fiscal year, a council whose
27 recognition and approval subsequently have been withdrawn shall
28 return the proportionate share of annual allocations to the
29 secretary for the remainder of the fiscal year.
30 Section 1904-D. State Funds.--(a) (1) The secretary, upon
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1 consultation with approved councils, shall be responsible for
2 the allocation of State funding among community education
3 councils approved under this article.
4 (2) The allocation may not exceed eighty per centum (80%) of
5 the council's projected total expenditures for the fiscal year
6 of allocation.
7 (b) Community education councils shall use allocated State
8 funds to meet the cost of operation, including, but not limited
9 to, personnel, rent, utilities, insurance, supplies, equipment
10 and technology needs, staff development, marketing, maintenance
11 and instructional services.
12 Section 1905-D. Purpose of Community Education Council.--(a)
13 The purpose of a community education council shall be to
14 identify, implement and oversee new or innovative efforts to
15 provide access to post-secondary education opportunities in
16 educationally underserved communities within this Commonwealth.
17 (b) Post-secondary educational opportunities may include,
18 but are not limited to, any of the following:
19 (1) Programs, courses or classes leading to professional,
20 vocational or occupational certification or licensure, an
21 associate degree, a bachelor's degree or a master's degree.
22 (2) GED preparation.
23 (3) Skill development or skill enhancement for the community
24 work force.
25 (c) A second function of a community education council shall
26 be to assist in the provision of resources and to serve as a
27 vehicle for employment opportunities which meet the community's
28 current and future economic development needs.
29 Section 1906-D. Board of Directors.--(a) The policies of
30 any community education council established under this article
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1 shall be administered and supervised by a community-based board
2 of directors.
3 (b) The board of directors shall, for purposes of operating
4 and maintaining a community education council, have the
5 following powers and duties:
6 (1) To hold, rent, lease, sell, purchase and improve
7 buildings, furnishings, equipment, materials, books and
8 supplies.
9 (2) To enter into contracts or agreements for services with
10 post-secondary institutions, other educational providers or
11 local government agencies in order to carry out the intent and
12 purposes of this article.
13 (3) To accept and receive gifts of real and personal
14 property.
15 (4) To apply for Federal, State and local funds and grants
16 and to expend funds obtained from these sources.
17 (5) To determine the needs and aspirations of potential
18 students and employers in the community.
19 (6) To make policies providing for identification of
20 students, programs, courses or classes to be offered and any
21 other matters related to administration of the community
22 education council.
23 (7) To hire employes to conduct the day-to-day operations
24 and carry out the policy of the board.
25 (8) To exercise such other powers and perform such other
26 duties as are necessary to effect the intent and purposes of
27 this article.
28 Section 2. The act is amended by adding a section to read:
29 Section 2115. Maximum Class Size.--(a) No classroom in any
30 public school district shall exceed the maximum class size for
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1 the grade levels and after the implementation dates set forth in
2 this section. Except as otherwise provided in this section, the
3 maximum class sizes shall be as follows:
4 Grade Maximum Class Implementation
5 Level Size Date
6 Kindergarten 20 July 1, 1998
7 First grade 20 July 1, 1999
8 Second grade 20 July 1, 2000
9 Third grade 20 July 1, 2001
10 (b) This section shall not apply to special education
11 classes established and operated pursuant to 22 Pa. Code Pt. 1
12 Subpt. A Ch. 14 (relating to special education services and
13 programs) and Pt. XVI Ch. 342 (relating to special education
14 services and programs). Any other special education classes
15 shall utilize a maximum class size that the State Board of
16 Education deems appropriate for the specific nature or special
17 needs of the students being instructed in those special
18 education classes.
19 (c) The maximum class sizes set forth in subsection (a)
20 shall not apply in instrumental or vocal music classes, or
21 similar classes, unless the effectiveness of the instructional
22 program in those classes would be impaired.
23 (d) (1) No school district shall utilize split-grade
24 classes in order to comply with this section, unless the board
25 of education for the district gives its prior approval.
26 (2) This section shall not prohibit a school district from
27 utilizing transitional, ungraded or unstructured classes.
28 (3) All additional costs incurred by school districts shall
29 be reimbursed from State funds appropriated for this purpose
30 during the school year during which such costs are incurred.
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1 Section 3. (a) The sum of $550,000 is hereby appropriated
2 to the Department of Education for the fiscal year July 1, 1997,
3 to June 30, 1998, for the purposes of implementing the community
4 education councils' portion of this act.
5 (b) The sum of $20,000,000, or as much thereof as may be
6 necessary, is hereby appropriated to the Department of Education
7 for the fiscal year July 1, 1997, to June 30, 1998, for grants
8 to school districts for the purchase of textbooks. Payments to
9 school districts shall be derived by multiplying the school
10 district's average daily membership by the product of 21.25
11 times the school district's market value personal income aid
12 ratio. The Department of Education shall require that school
13 districts provide an equitable share of the grant to the area
14 vocational-technical schools which their students attend.
15 Section 4. This act shall take effect immediately.
16 SECTION 1. SECTION 922.1-A(C) OF THE ACT OF MARCH 10, 1949 <--
17 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED
18 AUGUST 1, 1975 (P.L.180, NO.89), IS AMENDED TO READ:
19 SECTION 922.1-A. AUXILIARY SERVICES.--* * *
20 (C) PROGRAM OF AUXILIARY SERVICES. STUDENTS ATTENDING
21 NONPUBLIC SCHOOLS SHALL BE FURNISHED A PROGRAM OF AUXILIARY
22 SERVICES WHICH ARE PROVIDED TO PUBLIC SCHOOL STUDENTS IN THE
23 SCHOOL DISTRICT IN WHICH THEIR NONPUBLIC SCHOOL IS LOCATED. THE
24 PROGRAM OF AUXILIARY SERVICES SHALL BE PROVIDED BY THE
25 INTERMEDIATE UNIT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED, IN
26 ACCORDANCE WITH STANDARDS OF THE SECRETARY OF EDUCATION. SUCH
27 SERVICES SHALL BE PROVIDED DIRECTLY TO THE NONPUBLIC SCHOOL
28 STUDENTS BY THE INTERMEDIATE UNIT [EXCEPT THAT SUCH SERVICES
29 SHALL NOT BE PROVIDED IN A CHURCH OR IN ANY FACILITY UNDER THE
30 CONTROL OF A SECTARIAN SCHOOL] IN THE SCHOOLS WHICH THE STUDENTS
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1 ATTEND, IN MOBILE INSTRUCTIONAL UNITS LOCATED ON THE GROUNDS OF
2 SUCH SCHOOLS OR IN ANY ALTERNATIVE SETTING MUTUALLY AGREED UPON
3 BY THE SCHOOL AND THE INTERMEDIATE UNIT, TO THE EXTENT PERMITTED
4 BY THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF
5 THE COMMONWEALTH OF PENNSYLVANIA.
6 SUCH AUXILIARY SERVICES SHALL BE PROVIDED DIRECTLY BY THE
7 INTERMEDIATE UNITS AND NO AUXILIARY SERVICES PRESENTLY PROVIDED
8 TO PUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE UNITS AND/OR
9 SCHOOL DISTRICTS BY MEANS OF STATE OR LOCAL REVENUES, DURING THE
10 SCHOOL YEAR 1974-1975, SHALL BE ELIMINATED. NO SCHOOL DISTRICTS
11 SHALL BE REQUIRED, PURSUANT TO ANY SECTION OF THIS ACT, TO OFFER
12 AUXILIARY SERVICES PROVIDED BY ANY OTHER SCHOOL DISTRICTS WITHIN
13 SUCH INTERMEDIATE UNITS.
14 * * *
15 SECTION 1. SECTION 102(4) OF THE ACT OF MARCH 10, 1949 <--
16 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
17 AMENDED APRIL 27, 1998 (P.L.270, NO.46), IS AMENDED TO READ:
18 SECTION 102. DEFINITIONS.--WHEN USED IN THIS ACT THE
19 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
20 * * *
21 (4) "SCHOOL YEAR" SHALL MEAN THE PERIOD OF TIME ELAPSING IN
22 SCHOOL DISTRICTS OF THE FIRST CLASS BETWEEN THE FIRST DAY OF
23 JANUARY AND THE THIRTY-FIRST DAY OF DECEMBER OF ANY YEAR, AND IN
24 SCHOOL DISTRICTS OF ALL OTHER CLASSES BETWEEN THE FIRST DAY OF
25 JULY OF ONE YEAR AND THE THIRTIETH DAY OF JUNE OF THE FOLLOWING
26 YEAR. [SCHOOL] EFFECTIVE JULY 1, 1997, FOR THE 1997-1998 SCHOOL
27 YEAR AND EACH SCHOOL YEAR THEREAFTER SCHOOL DISTRICTS WITH A
28 YEAR-ROUND EDUCATION PROGRAM MAY SUBMIT A REQUEST TO THE
29 SECRETARY OF EDUCATION FOR APPROVAL OR DISAPPROVAL TO EXTEND THE
30 SCHOOL YEAR UNTIL AUGUST 15 FOR THE PURPOSE OF DETERMINING
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1 AVERAGE DAILY MEMBERSHIPS FOR STUDENTS WHOSE ONE HUNDRED EIGHTY
2 (180) DAYS OF INSTRUCTION CONTINUE INTO THE SUMMER MONTHS.
3 * * *
4 SECTION 2. SECTION 633 OF THE ACT, AMENDED DECEMBER 19, 1975
5 (P.L.511, NO.150), IS AMENDED TO READ:
6 SECTION 633. REPORTS TO SECRETARY OF EDUCATION; WITHHOLDING
7 STATE APPROPRIATIONS.--IT SHALL BE THE DUTY OF THE SECRETARY OF
8 EDUCATION, TO REQUIRE, AS PART OF THE ANNUAL FINANCIAL REPORTS
9 OF ALL OF THE SCHOOL DISTRICTS, A LIST OF THE AMOUNT OF BONDS OR
10 OTHER INDEBTEDNESS THAT BECOMES DUE DURING THE FISCAL YEAR,
11 TOGETHER WITH THE AMOUNT PAID ON EACH ITEM OF INDEBTEDNESS. IN
12 CASE OF FAILURE ON THE PART OF ANY SCHOOL DISTRICT TO FURNISH
13 SUCH REPORT AT THE REQUIRED TIME AFTER THE CLOSE OF THE FISCAL
14 YEAR, THE SECRETARY OF EDUCATION MAY WITHHOLD ANY STATE
15 APPROPRIATION THAT MAY BECOME DUE TO ANY SUCH SCHOOL DISTRICT
16 UNTIL SUCH REPORT COVERING INFORMATION REGARDING THE MATURITIES
17 OF INDEBTEDNESS AND PAYMENTS ON SAME DURING THE PRECEDING FISCAL
18 YEAR, AS REQUIRED HEREIN, AND ANY OTHER INFORMATION WHICH HE MAY
19 REQUIRE OF A SCHOOL DISTRICT, HAS BEEN RECEIVED. IN ALL CASES
20 WHERE THE BOARD OF DIRECTORS OF ANY SCHOOL DISTRICT FAILS TO PAY
21 OR TO PROVIDE FOR THE PAYMENT OF ANY INDEBTEDNESS AT DATE OF
22 MATURITY OR DATE OF MANDATORY REDEMPTION OR ON ANY SINKING FUND
23 DEPOSIT DATE, OR ANY INTEREST DUE ON SUCH INDEBTEDNESS ON ANY
24 INTEREST PAYMENT DATE, OR ON ANY SINKING FUND DEPOSIT DATE IN
25 ACCORDANCE WITH THE SCHEDULE UNDER WHICH THE BONDS WERE ISSUED,
26 THE SECRETARY OF EDUCATION SHALL NOTIFY SUCH BOARD OF SCHOOL
27 DIRECTORS OF ITS OBLIGATION AND SHALL WITHHOLD OUT OF ANY STATE
28 APPROPRIATION DUE SUCH SCHOOL DISTRICT AN AMOUNT EQUAL TO THE
29 SUM OF THE PRINCIPAL AMOUNT MATURING OR SUBJECT TO MANDATORY
30 REDEMPTION AND INTEREST OWING BY SUCH SCHOOL DISTRICT, OR
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1 SINKING FUND DEPOSIT DUE BY SUCH SCHOOL DISTRICT, AND SHALL PAY
2 OVER THE AMOUNT SO WITHHELD TO THE BANK OR OTHER PERSON ACTING
3 AS SINKING FUND DEPOSITARY FOR SUCH BOND ISSUE.
4 SECTION 3. SECTION 696(H)(1) OF THE ACT, ADDED APRIL 27,
5 1998 (P.L.270, NO.46), IS AMENDED TO READ:
6 SECTION 696. DISTRESS IN SCHOOL DISTRICTS OF THE FIRST
7 CLASS.--* * *
8 (H) THE CHIEF EXECUTIVE OFFICER AND THE SCHOOL REFORM
9 COMMISSION SHALL DIRECT FINANCIAL MATTERS RELATED TO THE
10 DISTRESSED SCHOOL DISTRICT OF THE FIRST CLASS AND:
11 (1) ALL TAXES AUTHORIZED TO BE LEVIED BY A SCHOOL DISTRICT
12 OF THE FIRST CLASS OR FOR A SCHOOL DISTRICT OF THE FIRST CLASS
13 BY A CITY OR COUNTY OF THE FIRST CLASS ON THE DATE OF THE
14 DECLARATION OF DISTRESS SHALL CONTINUE TO BE AUTHORIZED AND
15 LEVIED IN ACCORDANCE WITH THIS ACT AND SHALL BE TRANSMITTED TO
16 THE SCHOOL DISTRICT. FOR THE FIRST FISCAL YEAR OR PART THEREOF
17 AND EVERY FISCAL YEAR THEREAFTER IN WHICH THE SCHOOL DISTRICT IS
18 DECLARED TO BE DISTRESSED, THE AMOUNT [LEVIED, COLLECTED AND
19 TRANSMITTED FOR EACH TAX] APPROPRIATED OR PAID BY THE CITY OR
20 COUNTY TO THE SCHOOL DISTRICT SHALL BE IN AN AMOUNT NOT LESS
21 THAN THE HIGHEST AMOUNT PAID BY THE CITY OR COUNTY TO THE SCHOOL
22 DISTRICT DURING ANY OF THE THREE FULL PRECEDING FISCAL YEARS. IN
23 ADDITION, THE CITY OF THE FIRST CLASS SHALL PROVIDE TO THE
24 SCHOOL DISTRICT OF THE FIRST CLASS ALL OTHER AVAILABLE LOCAL
25 NON-TAX REVENUE, INCLUDING GRANTS, SUBSIDIES OR PAYMENTS MADE
26 DURING THE PRIOR YEAR.
27 * * *
28 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
29 SECTION 772.1. NOTIFICATION OF PESTICIDE TREATMENTS AT
30 SCHOOLS.--(A) FOR AN INDOOR PESTICIDE TREATMENT AT A SCHOOL
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1 BUILDING, THE CERTIFIED APPLICATOR OR PESTICIDE APPLICATION
2 TECHNICIAN SHALL SUPPLY THE PEST CONTROL INFORMATION SHEET AND A
3 PEST CONTROL SIGN, WHICH SHALL BE AT LEAST EIGHT AND ONE-HALF BY
4 ELEVEN (8 1/2 BY 11) INCHES IN SIZE, TO THE CHIEF ADMINISTRATOR
5 OR BUILDING MANAGER. THE CHIEF ADMINISTRATOR OR BUILDING MANAGER
6 SHALL BE RESPONSIBLE FOR ALL OF THE FOLLOWING:
7 (1) POSTING THE SIGN IN AN AREA OF COMMON ACCESS THAT THE
8 INDIVIDUALS ARE LIKELY TO CHECK ON A REGULAR BASIS AT LEAST
9 SEVENTY-TWO (72) HOURS BEFORE AND FOR AT LEAST TWO (2) DAYS
10 FOLLOWING EACH PLANNED TREATMENT.
11 (2) PROVIDING THE INFORMATION SHEET TO EVERY INDIVIDUAL
12 WORKING IN THE BUILDING AT LEAST SEVENTY-TWO (72) HOURS BEFORE
13 EACH PLANNED TREATMENT.
14 (3) PROVIDING NOTICE IN WRITING TO THE PARENTS OR GUARDIANS
15 OF THE STUDENTS ENROLLED IN THAT SCHOOL AT LEAST SEVENTY-TWO
16 (72) HOURS BEFORE EACH PLANNED TREATMENT. THE NOTICE SHALL
17 INCLUDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE APPLICATOR
18 APPLYING THE TREATMENT, DAY OF TREATMENT AND THE PESTICIDE
19 UTILIZED. THE NOTICE MAY BE INCLUDED IN NORMAL SCHOOL
20 COMMUNICATIONS TO PARENTS OR GUARDIANS AND NEED NOT BE MAILED
21 SEPARATELY TO PARENTS OR GUARDIANS.
22 (B) FOR AN OUTDOOR TREATMENT TO BE APPLIED ANYWHERE ON THE
23 SCHOOL GROUNDS, INCLUDING, BUT NOT LIMITED TO, ATHLETIC FIELDS
24 OR PLAYGROUNDS, THE CERTIFIED APPLICATOR OR TECHNICIAN SHALL
25 SUPPLY THE PEST CONTROL INFORMATION SHEET AND A PEST CONTROL
26 SIGN, WHICH SHALL BE AT LEAST EIGHT AND ONE-HALF BY ELEVEN (8
27 1/2 BY 11) INCHES IN SIZE, TO THE CHIEF ADMINISTRATOR OR GROUNDS
28 MANAGER. THE PEST CONTROL SIGN SHALL BE POSTED AT THE FIELD OR
29 PLAYGROUND TO BE TREATED AT LEAST SEVENTY-TWO (72) HOURS BEFORE
30 AND FOR TWO (2) DAYS AFTER THE PLANNED TREATMENT.
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1 (C) PERSONNEL AT A SCHOOL WITH AN ATHLETIC FIELD OR A
2 PLAYGROUND TO BE TREATED WITH A PESTICIDE ARE REQUIRED TO NOTIFY
3 IN WRITING THE PARENTS OR GUARDIANS OF THE CHILDREN ATTENDING
4 THE SCHOOL AT THE TIME THE CHILD IS REGISTERED OF THE FOLLOWING:
5 (1) THE SCHOOL PERIODICALLY APPLIES PESTICIDES INDOORS AND
6 ON SCHOOL GROUNDS.
7 (2) INFORMATION ON THE APPLICATION OF PESTICIDES IS
8 AVAILABLE AT THE REQUEST OF THE PARENTS OR GUARDIANS.
9 (D) THE STATE BOARD OF EDUCATION SHALL ESTABLISH BY
10 REGULATION PROCEDURES FOR EMERGENCY PESTICIDE APPLICATIONS FOR
11 WHICH THE REQUIRED NOTIFICATION IN SUBSECTIONS (A) AND (B) SHALL
12 BE WAIVED. THE REGULATIONS SHALL INCLUDE THE FOLLOWING:
13 (1) EMERGENCY PESTICIDE APPLICATIONS SHALL BE ALLOWED ONLY
14 IN THE EVENT OF AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF
15 STUDENTS AND EMPLOYES.
16 (2) BEFORE ANY EMERGENCY APPLICATION, STUDENTS AND EMPLOYES
17 SHALL VACATE THE PORTION OF THE BUILDING OR GROUNDS TO BE
18 TREATED. THE STUDENTS OR EMPLOYES SHALL NOT BE ALLOWED TO RETURN
19 TO THE TREATED PORTION OF THE BUILDING FOR AT LEAST TWENTY-FOUR
20 (24) HOURS FOLLOWING THE APPLICATION NOR TO THE TREATED PORTION
21 OF THE GROUNDS FOR AT LEAST FOUR (4) HOURS AFTER APPLICATION OR
22 UNTIL THE ESTABLISHED RE-ENTRY TIME SET BY THE ENVIRONMENTAL
23 PROTECTION AGENCY, WHICHEVER IS LONGER.
24 (3) SCHOOL OFFICIALS SHALL NOTIFY BY TELEPHONE ANY PARENTS
25 OR GUARDIANS WHO HAVE REQUESTED SUCH NOTIFICATION. SCHOOLS SHALL
26 ADVISE PARENTS OF THEIR RIGHT TO REQUEST NOTIFICATION OF
27 EMERGENCY PESTICIDE USE ON AN ANNUAL BASIS AND EXPLAIN
28 PROCEDURES FOR REQUESTING SUCH NOTIFICATION.
29 (E) EACH SCHOOL DISTRICT AND PRIVATE ELEMENTARY OR SECONDARY
30 SCHOOL SHALL MAINTAIN DETAILED RECORDS OF ALL CHEMICAL PEST
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1 CONTROL TREATMENTS FOR A PERIOD OF AT LEAST SEVEN (7) YEARS SO
2 THAT CHRONIC HEALTH PROBLEMS SUFFERED BY SCHOOL PERSONNEL AND
3 STUDENTS CAN BE MONITORED.
4 (F) THE BOARD OF SCHOOL DIRECTORS OF EACH PUBLIC SCHOOL
5 DISTRICT AND THE GOVERNING BOARDS OF PRIVATE SCHOOLS SHALL, ON
6 OR BEFORE SEPTEMBER 1, 1999, ADOPT AN INTEGRATED PEST MANAGEMENT
7 PLAN THAT INCORPORATES THE STANDARDS DEVELOPED BY THE
8 SECRETARIES OF EDUCATION AND AGRICULTURE.
9 (G) THE SECRETARIES OF EDUCATION AND AGRICULTURE, WITH THE
10 ASSISTANCE OF THE BOARD, SHALL DEVELOP AND ADOPT STANDARDS FOR
11 THE INTEGRATED PEST MANAGEMENT PLAN NO LATER THAN MARCH 1, 1999.
12 THE SECRETARIES SHALL ALSO PREPARE MODEL INTEGRATED PEST
13 MANAGEMENT PLANS AND SAMPLE MATERIALS FOR USE BY SCHOOLS IN
14 DEVELOPING AND ADOPTING THEIR INTEGRATED PEST MANAGEMENT PLANS.
15 IN DEVELOPING STANDARDS FOR THE INTEGRATED PEST MANAGEMENT PLAN,
16 THE BOARD SHALL CONSULT WITH A PERSON WHO IS KNOWLEDGEABLE IN
17 THE AREA OF INTEGRATED PEST MANAGEMENT IN SCHOOLS. THE STANDARDS
18 SHALL INCLUDE THE FOLLOWING:
19 (1) A REQUIREMENT THAT THE LEAST TOXIC METHODS AVAILABLE TO
20 CONTROL PESTS, RODENTS, INSECTS AND WEEDS BE USED.
21 (2) A HIERARCHY OF TREATMENTS THAT SCHOOLS SHALL USE IN
22 CONTROLLING PESTS, RODENTS, INSECTS AND WEEDS.
23 (3) A UNIFORM PEST CONTROL SIGN TO BE UTILIZED IN SCHOOL
24 BUILDINGS WHICH MEETS THE REQUIREMENTS OF THIS SECTION.
25 (H) (1) THE SECRETARY SHALL REQUIRE THAT A PESTICIDE MAY BE
26 APPLIED IN A SCHOOL BUILDING ONLY DURING PERIODS IN WHICH
27 STUDENTS ARE NOT EXPECTED TO USE THE BUILDING FOR NORMAL
28 ACADEMIC INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES FOR
29 AT LEAST TWENTY-FOUR (24) HOURS FOLLOWING THE APPLICATION.
30 (2) THE SECRETARY SHALL ALSO REQUIRE THAT A PESTICIDE MAY BE
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1 APPLIED ON SCHOOL GROUNDS ONLY DURING PERIODS IN WHICH STUDENTS
2 ARE NOT EXPECTED TO USE THE TREATED PORTION OF THE GROUNDS FOR
3 NORMAL ACADEMIC INSTRUCTION OR ORGANIZED EXTRACURRICULAR
4 ACTIVITIES FOR AT LEAST FOUR (4) HOURS FOLLOWING THE APPLICATION
5 OR UNTIL THE ESTABLISHED RE-ENTRY TIME SET BY THE ENVIRONMENTAL
6 PROTECTION AGENCY, WHICHEVER IS LONGER. THE STATE BOARD OF
7 EDUCATION SHALL ESTABLISH BY REGULATION STANDARDS FOR PESTICIDE
8 APPLICATION ON SCHOOL GROUNDS, INCLUDING, BUT NOT LIMITED TO,
9 THE BUFFER AREAS AROUND THE TREATED PORTION OF THE GROUNDS IN
10 WHICH STUDENTS WILL NOT BE PERMITTED FOR AT LEAST FOUR (4) HOURS
11 AFTER APPLICATION OR UNTIL THE ESTABLISHED RE-ENTRY TIME SET BY
12 THE ENVIRONMENTAL PROTECTION AGENCY, WHICHEVER IS LONGER.
13 (3) IF A PORTION OF A SCHOOL BUILDING HAVING A SEPARATE
14 VENTILATION SYSTEM WHICH IS SEPARATED FROM THE REMAINDER OF THE
15 BUILDING BY SMOKE OR FIRE DOORS IS TREATED WITH A PESTICIDE, THE
16 TWENTY-FOUR (24) HOUR WAITING PERIOD ESTABLISHED UNDER PARAGRAPH
17 (1) SHALL APPLY ONLY FOR THE TREATED PORTION OF THE BUILDING.
18 STUDENTS SHALL NOT BE PRESENT FOR NORMAL ACADEMIC INSTRUCTION OR
19 ORGANIZED EXTRACURRICULAR ACTIVITIES FOR AT LEAST TWELVE (12)
20 HOURS IN THE UNTREATED PORTION OF THE BUILDING. ACCESS TO THE
21 TREATED PORTION OF THE BUILDING, PLUS A BUFFER ZONE AS
22 PRESCRIBED BY THE SECRETARY, SHALL BE RESTRICTED FOR TWENTY-FOUR
23 (24) HOURS. IN ALL SUCH APPLICATIONS, THE SCHOOL SHALL MAKE
24 EVERY EFFORT TO PREVENT THE PESTICIDE FROM MIGRATING INTO THE
25 UNTREATED PORTION OF THE BUILDING, INCLUDING SEALING DOORS AND
26 WINDOWS FROM THE TREATED PORTION OF THE BUILDING.
27 (4) UNDER NO CIRCUMSTANCES SHALL PESTICIDES BE APPLIED IN A
28 SCHOOL BUILDING OR ON SCHOOL GROUNDS WHEN STUDENTS ARE PRESENT
29 IN THE SCHOOL BUILDING OR ON SCHOOL GROUNDS FOR NORMAL ACADEMIC
30 INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES, EXCEPT AS
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1 PROVIDED IN SUBSECTION (D).
2 (5) THE STATE BOARD OF EDUCATION SHALL PROMULGATE
3 REGULATIONS WHICH ESTABLISH PROCEDURES FOR PESTICIDE
4 APPLICATIONS IN SCHOOL BUILDINGS AND ON SCHOOL GROUNDS OF
5 SCHOOLS IN WHICH STUDENTS ARE IN RESIDENCE.
6 (I) (1) DISINFECTANT AND ANTIMICROBIAL PRODUCTS SHALL BE
7 EXEMPTED FROM THE NOTIFICATION AND RECORDKEEPING REQUIREMENTS OF
8 SUBSECTIONS (A) AND (E) AND THE RESTRICTIONS ON APPLICATION IN
9 SUBSECTION (H).
10 (2) APPLICATION OF SELF-CONTAINED BAIT PACKAGES PLACED IN
11 AREAS NOT ACCESSIBLE TO STUDENTS SHALL BE EXEMPTED FROM THE
12 NOTIFICATION AND RESTRICTION ON APPLICATION REQUIREMENTS OF
13 SUBSECTIONS (A) AND (H).
14 (J) THE COMMONWEALTH SHALL REIMBURSE A SCHOOL DISTRICT FOR
15 INCREASED COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS ACT
16 IF THE SCHOOL DISTRICT CAN DEMONSTRATE THAT THE ACT HAS
17 INCREASED TOTAL PEST CONTROL COSTS FOR THE DISTRICT, AFTER
18 ADJUSTING FOR SAVINGS FROM REDUCED PESTICIDE USE. COSTS FOR
19 BUILDING AND GROUNDS MAINTENANCE ARE NOT ELIGIBLE FOR
20 REIMBURSEMENT. COSTS FOR FIRST CLASS MAILINGS OF NOTICES TO
21 PARENTS ARE NOT ELIGIBLE FOR REIMBURSEMENT UNLESS A DISTRICT CAN
22 DEMONSTRATE A COMPELLING NEED TO USE OTHER THAN NORMAL SCHOOL
23 COMMUNICATIONS TO NOTIFY PARENTS IN A TIMELY FASHION. THE STATE
24 BOARD OF EDUCATION SHALL ESTABLISH STANDARDS BY REGULATION WHICH
25 WILL SPECIFY REASONABLE COSTS ELIGIBLE FOR REIMBURSEMENT, A
26 SCHEDULE FOR SUBMISSION OF REIMBURSEMENT REQUESTS BY SCHOOL
27 DISTRICTS AND PROCEDURES FOR REVIEW AND VERIFICATION OF
28 REIMBURSEMENT REQUESTS.
29 (K) THE SECRETARY OF AGRICULTURE MAY PROMULGATE REGULATIONS
30 WHICH DESIGNATE CERTAIN TYPES OF APPLICATORS USING ANY PESTICIDE
19970H0601B4190 - 15 -
1 ON THEIR OWN PROPERTY OR THAT OF THEIR EMPLOYER AS COMMERCIAL
2 APPLICATORS UNDER THIS SECTION.
3 (L) THE STATE BOARD OF EDUCATION SHALL PROMULGATE
4 REGULATIONS WHICH DEFINE A PERIMETER TREATMENT AND ADOPT THE
5 DEFINITIONS PROVIDED BY FEDERAL LAW FOR THE PURPOSE OF INDOOR
6 PESTICIDE TREATMENT.
7 (M) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
8 SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION
9 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
10 "APPLICATOR." A CERTIFIED APPLICATOR, PRIVATE APPLICATOR,
11 COMMERCIAL APPLICATOR OR PUBLIC APPLICATOR.
12 "BOARD." THE PESTICIDE ADVISORY BOARD OF THE DEPARTMENT OF
13 AGRICULTURE OF THE COMMONWEALTH.
14 "CERTIFIED APPLICATOR." AN INDIVIDUAL WHO IS CERTIFIED UNDER
15 SECTION 16.1, 17 OR 17.1 OF THE ACT OF MARCH 1, 1974 (P.L.90,
16 NO.24), KNOWN AS THE "PENNSYLVANIA PESTICIDE CONTROL ACT OF
17 1973," AS COMPETENT TO USE OR SUPERVISE THE USE OR APPLICATION
18 OF ANY PESTICIDE.
19 "COMMERCIAL APPLICATOR." A CERTIFIED APPLICATOR, WHETHER OR
20 NOT HE IS A PRIVATE APPLICATOR WITH RESPECT TO SOME USES, WHO
21 USES OR SUPERVISES THE USE OF ANY PESTICIDE ON THE PROPERTY OR
22 PREMISES OF ANOTHER OR ON EASEMENTS GRANTED UNDER STATE LAW, OR
23 ANY APPLICATOR WHO USES OR SUPERVISES THE USE OF ANY RESTRICTED-
24 USE PESTICIDE ON PROPERTY OWNED OR RENTED BY HIM OR HIS
25 EMPLOYER, WHEN NOT FOR PURPOSES OF PRODUCING AN AGRICULTURAL
26 PRODUCT. THE TERM SHALL ALSO INCLUDE ANY TYPE OF APPLICATOR
27 DESIGNATED BY THE SECRETARY OF AGRICULTURE UNDER SUBSECTION (K).
28 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
29 COMMONWEALTH.
30 "INDOOR PESTICIDE TREATMENT." A PESTICIDE TREATMENT THAT
19970H0601B4190 - 16 -
1 INCLUDES AN OUTSIDE PERIMETER TREATMENT OF THE BUILDING IF THE
2 PRIMARY PURPOSE OF THE TREATMENT IS TO TREAT THE INSIDE OF THE
3 BUILDING.
4 "INSECT." ANY OF THE NUMEROUS SMALL INVERTEBRATE ANIMALS
5 GENERALLY HAVING A MORE OR LESS OBVIOUSLY SEGMENTED BODY, FOR
6 THE MOST PART BELONGING TO THE CLASS INSECTA, COMPRISING SIX-
7 LEGGED, USUALLY WINGED FORMS, AS, FOR EXAMPLE, BEETLES, BUGS,
8 BEES AND FLIES, AND TO OTHER ALLIED CLASSES OF ARTHROPODS WHOSE
9 MEMBERS ARE WINGLESS AND USUALLY HAVE MORE THAN SIX LEGS, AS,
10 FOR EXAMPLE, SPIDERS, MITES, TICKS, CENTIPEDES AND WOOD LICE.
11 "INTEGRATED PEST MANAGEMENT PLAN." A DECISION-MAKING PROCESS
12 WHICH INCLUDES INSPECTION AND PEST IDENTIFICATION, MONITORING OF
13 PEST AND BENEFICIAL INSECT POPULATIONS AND RECORDKEEPING OF
14 SAME, INJURY-LEVEL ASSESSMENT TO DETERMINE WHEN TREATMENT IS
15 NEEDED, TREATMENT SELECTION AND APPLICATION WITH PEST PREVENTION
16 METHODS, SUCH AS HABITAT MODIFICATION AND SANITATION MEASURES,
17 AND NONTOXIC CONTROLS BEING THE PRIMARY SELECTIONS, AND
18 EVALUATION OF RESULTS.
19 "NEMATODE." INVERTEBRATE ANIMALS OF THE PHYLUM
20 NEMATHELMINTHES AND CLASS NEMATODA, THAT IS, UNSEGMENTED ROUND
21 WORMS WITH ELONGATED, FUSIFORM OR SAC-LIKE BODIES COVERED WITH
22 CUTICLE AND INHABITING SOIL, WATER, PLANTS OR PLANT PARTS; MAY
23 ALSO BE CALLED NEMAS OR EELWORMS.
24 "OUTDOOR PESTICIDE TREATMENT." AN OUTDOOR PESTICIDE
25 TREATMENT THAT IS APPLIED ANYWHERE ON THE SCHOOL GROUNDS,
26 INCLUDING, BUT NOT LIMITED TO, ATHLETIC FIELDS OR PLAYGROUNDS.
27 "PERSON." AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION,
28 CORPORATION OR ANY ORGANIZED GROUP OF PERSONS, WHETHER
29 INCORPORATED OR NOT.
30 "PEST." AN INSECT, RODENT, NEMATODE, FUNGUS, WEED OR OTHER
19970H0601B4190 - 17 -
1 FORM OF TERRESTRIAL OR AQUATIC PLANT OR ANIMAL LIFE OR VIRUS,
2 BACTERIA OR OTHER MICRO-ORGANISM, EXCEPT VIRUSES, BACTERIA OR
3 OTHER MICRO-ORGANISMS ON OR IN LIVING MAN OR OTHER LIVING
4 ANIMALS, DECLARED TO BE A PEST UNDER SECTION 25(C)(1) OF THE
5 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (61 STAT.
6 163, 7 U.S.C. § 136 ET SEQ.).
7 "PEST CONTROL INFORMATION SHEET." A DOCUMENT WHICH CONTAINS
8 THE DATE OF TREATMENT, THE NAME, ADDRESS AND TELEPHONE NUMBER OF
9 THE APPLICATOR, THE PESTICIDE UTILIZED AND ANY OTHER INFORMATION
10 THAT IS REQUIRED BY THE SECRETARY OF AGRICULTURE.
11 "PESTICIDE." A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
12 FOR PREVENTING, DESTROYING, REPELLING OR MITIGATING ANY PEST AND
13 A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
14 REGULATOR, DEFOLIANT OR DESICCANT.
15 "PESTICIDE APPLICATION TECHNICIAN." AN INDIVIDUAL EMPLOYED
16 BY A COMMERCIAL APPLICATOR OR GOVERNMENTAL AGENCY WHO, HAVING
17 MET THE COMPETENCY REQUIREMENTS AS SET FORTH IN THE ACT OF MARCH
18 1, 1974 (P.L.90, NO.24), KNOWN AS THE "PENNSYLVANIA PESTICIDE
19 CONTROL ACT OF 1973," IS REGISTERED BY THE SECRETARY OF
20 AGRICULTURE TO APPLY ANY PESTICIDES UNDER THE DIRECT SUPERVISION
21 OF A CERTIFIED APPLICATOR.
22 "PRIVATE APPLICATOR." A CERTIFIED APPLICATOR WHO USES OR
23 SUPERVISES THE USE OF ANY PESTICIDE WHICH IS CLASSIFIED FOR
24 RESTRICTED USE FOR PURPOSES OF PRODUCING ANY AGRICULTURAL
25 COMMODITY ON PROPERTY OWNED OR RENTED BY HIM OR HIS EMPLOYER OR,
26 IF APPLIED WITHOUT COMPENSATION OTHER THAN TRADING OF PERSONAL
27 SERVICES BETWEEN PRODUCERS OF AGRICULTURAL COMMODITIES, ON THE
28 PROPERTY OF ANOTHER PERSON.
29 "PUBLIC APPLICATOR." A CERTIFIED APPLICATOR WHO APPLIES
30 PESTICIDES AS AN EMPLOYE OF THE COMMONWEALTH OR ITS
19970H0601B4190 - 18 -
1 INSTRUMENTALITIES OR ANY LOCAL AGENCY.
2 "SCHOOL." A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL
3 WHEREIN A RESIDENT OF THIS COMMONWEALTH MAY FULFILL THE
4 COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS AND WHICH MEETS THE
5 APPLICABLE REQUIREMENTS OF TITLE IV OF THE CIVIL RIGHTS ACT OF
6 1964 (PUBLIC LAW 88-352, 78 STAT. 241). THE TERM ALSO INCLUDES A
7 KINDERGARTEN PROGRAM OPERATED BY A SCHOOL.
8 "SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.
9 SECTION 4. SECTION 672.1 OF THE ACT, AMENDED NOVEMBER 20, <--
10 1979 (P.L.465, NO.97), IS AMENDED TO READ:
11 SECTION 672.1. SCHOOL DISTRICTS LYING IN MORE THAN ONE
12 COUNTY OR IN MORE THAN ONE MUNICIPALITY; LIMITATION ON TOTAL TAX
13 REVENUES.--(A) WHENEVER A SCHOOL DISTRICT SHALL LIE IN MORE
14 THAN ONE COUNTY, THE TOTAL TAXES LEVIED ON REAL ESTATE WITHIN
15 THE SCHOOL DISTRICT IN EACH COUNTY SHALL BE SUBJECT TO:
16 (1) THE LIMITATION THAT THE RATIO WHICH SUCH TOTAL TAXES
17 BEARS TO THE MOST RECENT VALUATION OF THE SAME PROPERTIES BY THE
18 STATE TAX EQUALIZATION BOARD SHALL BE UNIFORM IN ALL OF THE
19 COUNTIES, AND THE SCHOOL DISTRICT SHALL ADJUST ITS RATE OF
20 TAXATION APPLICABLE TO THE PORTION OF THE DISTRICT IN EACH
21 COUNTY TO THE EXTENT NECESSARY TO ACHIEVE SUCH UNIFORMITY; OR
22 [(B) AS] (2) AS AN ALTERNATIVE TO THE METHOD PROVIDED IN
23 [SUBSECTION (A)] CLAUSE (1) OR (3), WHENEVER A SCHOOL DISTRICT
24 SHALL LIE IN MORE THAN ONE COUNTY THE BOARD OF ASSESSMENT AND
25 REVISION OF TAXES IN ANY OF THE COUNTIES OR ALL OF THE COUNTIES
26 IN WHICH THE SCHOOL DISTRICT IS LOCATED SHALL, AT THE REQUEST OF
27 THE SCHOOL DIRECTORS OF THE DISTRICT, FURNISH THE MARKET VALUE
28 OF EACH PARCEL OF PROPERTY ON THE TAX ROLL REQUIRED TO BE
29 FURNISHED TO THE SCHOOL DIRECTORS UNDER ANY ASSESSMENT LAW OF
30 THE COMMONWEALTH. THE MARKET VALUE OF EACH PARCEL SHALL BE (I)
19970H0601B4190 - 19 -
1 THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE LATEST RATIO
2 OF ASSESSED VALUE TO MARKET VALUE IN THE MUNICIPALITY AS
3 DETERMINED BY THE STATE TAX EQUALIZATION BOARD, OR, (II) AT THE
4 OPTION OF THE SCHOOL DISTRICT, THE MARKET VALUE OF EACH PARCEL
5 SHALL BE THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE
6 LATEST RATIO OF ASSESSED VALUE TO MARKET VALUE AS DETERMINED BY
7 THE STATE TAX EQUALIZATION BOARD IN THE AGGREGATE OF ALL
8 MUNICIPALITIES OF THE SCHOOL DISTRICT WITHIN THE COUNTY, OR
9 (III) AT THE OPTION OF THE SCHOOL DISTRICT WHERE THERE ARE TWO
10 OR MORE RATIOS OF ASSESSED VALUE TO MARKET VALUE, THE SCHOOL
11 DIRECTORS OF THAT SCHOOL DISTRICT SHALL SELECT THE LOWEST OF THE
12 RATIOS FOR A UNIFORM ASSESSED VALUE TO MARKET VALUE THROUGHOUT
13 THE SCHOOL DISTRICT, OR (IV) AT THE OPTION OF THE SCHOOL
14 DISTRICT WHERE SUCH SCHOOL DISTRICT IS LOCATED IN A HOME RULE
15 COUNTY, THE SCHOOL DIRECTORS OF THAT SCHOOL DISTRICT MAY USE THE
16 COUNTY ASSESSMENTS. [THE] UNDER THIS CLAUSE, THE SCHOOL
17 DIRECTORS SHALL SET A TAX RATE BASED UPON A PERCENTAGE NOT
18 EXCEEDING SEVENTY-FIVE (75) PER CENTUM OF SUCH MARKET VALUES
19 WHICH SHALL BE UNIFORM THROUGHOUT THE DISTRICT[.]; OR
20 (3) AS AN ALTERNATIVE TO THE METHODS PROVIDED IN CLAUSES (1)
21 AND (2), WHENEVER A SCHOOL DISTRICT SHALL LIE IN MORE THAN ONE
22 COUNTY, THE SCHOOL DIRECTORS OF THE DISTRICT MAY SET THE MILLAGE
23 AT A UNIFORM RATE FOR THE ENTIRE DISTRICT, IF THE COUNTIES ARE
24 ASSESSED AT ONE HUNDRED (100) PER CENTUM OF THE MARKET VALUE AND
25 THE COUNTIES ARE USING THE SAME BASE YEAR FOR ASSESSED VALUE AND
26 MARKET VALUE.
27 [(C)] (B) IN THE EVENT A SCHOOL DISTRICT OR PART THEREOF
28 LOCATED WITHIN ONE COUNTY IS COMPOSED OF TWO OR MORE MUNICIPAL
29 GOVERNMENTS AT LEAST ONE OF WHICH LEVIES PROPERTY TAXES UPON
30 ASSESSMENTS MADE FOR COUNTY TAX PURPOSES AND AT LEAST ONE OF
19970H0601B4190 - 20 -
1 WHICH UTILIZES SEPARATE ASSESSMENTS MADE FOR MUNICIPAL TAX
2 PURPOSES, THE PROPERTY TAX LEVY FOR SCHOOL DISTRICT PURPOSES
3 SHALL BE EQUALIZED BY EITHER OF THE METHODS PRESCRIBED IN
4 [SUBSECTIONS (A) OR (B)] SUBSECTION (A)(1) OR (2). IF THE FORMER
5 METHOD IS ADOPTED, THE RATIO WHICH THE TOTAL TAXES LEVIED IN
6 EACH PART OF THE SCHOOL DISTRICT BEARS TO THE MOST RECENT
7 VALUATION OF THE SAME PROPERTIES BY THE STATE TAX EQUALIZATION
8 BOARD SHALL BE UNIFORM; IF THE LATTER METHOD IS ADOPTED, THE
9 MARKET VALUE OF EACH PARCEL OF PROPERTY ON THE TAX ROLL SHALL BE
10 (I) IN THE CASE OF THE ASSESSMENT MADE FOR COUNTY TAX PURPOSES,
11 THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE LATEST RATIO
12 OF ASSESSED VALUE TO MARKET VALUE FOR THAT PORTION OF THE SCHOOL
13 DISTRICT AS DETERMINED BY THE STATE TAX EQUALIZATION BOARD AND,
14 (II) IN THE CASE OF THE SEPARATE ASSESSMENT FOR MUNICIPAL TAX
15 PURPOSES, THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE
16 PRODUCT OF THE LATEST RATIO OF ASSESSED VALUE TO MARKET VALUE IN
17 THE MUNICIPALITY AS DETERMINED BY THE STATE TAX EQUALIZATION
18 BOARD AND THE RATIO OF THE TOTAL ASSESSED VALUATION OF THE SAME
19 PROPERTIES FOR MUNICIPAL TAX PURPOSES TO THE TOTAL ASSESSED
20 VALUATION OF SAID PROPERTIES FOR COUNTY TAX PURPOSES: PROVIDED,
21 HOWEVER, THAT THE TAXPAYERS OF NO MUNICIPALITY OR POLITICAL
22 SUBDIVISION WITHIN A SCHOOL DISTRICT SHALL PAY AN AGGREGATE
23 AMOUNT IN SCHOOL PROPERTY TAXES WHICH, AS A PERCENTAGE OF TOTAL
24 SCHOOL PROPERTY TAXES, SHALL EXCEED THE RATIO OF ITS MARKET
25 VALUE TO THE TOTAL MARKET VALUE OF THE SCHOOL DISTRICT AS
26 DETERMINED BY THE STATE TAX EQUALIZATION BOARD.
27 [(D)] (C) WHENEVER A REVISION OF ASSESSMENT IS COMPLETED IN
28 ANY PORTION OF A SCHOOL DISTRICT AND THE REVISED ASSESSMENTS ARE
29 TO BE USED FOR SCHOOL TAX PURPOSES THE METHOD PRESCRIBED IN
30 SUBSECTION [(B)] (A)(2) ABOVE TO EQUALIZE SCHOOL PROPERTY TAX
19970H0601B4190 - 21 -
1 LEVIES SHALL NOT BE USED UNTIL THE LATEST RATIO OF ASSESSED
2 VALUE TO MARKET VALUE AS DETERMINED BY THE STATE TAX
3 EQUALIZATION BOARD FOR THAT PORTION OF THE SCHOOL DISTRICT IS
4 BASED UPON THE REVISED ASSESSMENTS.
5 SECTION 5. SECTION 785 OF THE ACT, AMENDED MARCH 28, 1994
6 (P.L.117, NO.12), IS AMENDED TO READ:
7 SECTION 785. FAILURE TO PAY RENT OR MAKE PAYMENTS;
8 WITHHOLDING APPROPRIATION.--(A) IN ALL CASES WHERE THE BOARD OF
9 DIRECTORS OF ANY SCHOOL DISTRICT FAILS TO PAY OR TO PROVIDE FOR
10 THE PAYMENT OF ANY RENTAL, PAYMENT OR RENTALS OR PAYMENTS DUE
11 THE STATE PUBLIC SCHOOL BUILDING AUTHORITY FOR ANY PERIOD IN
12 ACCORDANCE WITH THE TERMS OF ANY LEASE, LOAN AGREEMENT OR OTHER
13 LENDING INSTRUMENT OR CONTRACT, ENTERED INTO UNDER THE TERMS OF
14 SUBDIVISION (F) OF THIS ARTICLE, UPON WRITTEN NOTICE THEREOF
15 FROM THE AUTHORITY, THE SECRETARY OF EDUCATION SHALL NOTIFY SUCH
16 BOARD OF SCHOOL DIRECTORS OF ITS OBLIGATION AND SHALL WITHHOLD
17 OUT OF ANY STATE APPROPRIATION DUE SUCH SCHOOL DISTRICT AN
18 AMOUNT EQUAL TO THE AMOUNT OF THE RENTAL, PAYMENT OR RENTALS OR
19 PAYMENTS OWING BY SUCH SCHOOL DISTRICT TO THE STATE PUBLIC
20 SCHOOL BUILDING AUTHORITY AND SHALL PAY OVER THE AMOUNT SO
21 WITHHELD TO THE AUTHORITY IN PAYMENT OF THE RENTAL OR PAYMENT.
22 (B) IN ORDER TO PROVIDE ADDITIONAL SECURITY FOR THE PROMPT
23 PAYMENT IN FULL OF ANY RENTALS OR LOAN CONTRACT PAYMENTS BY
24 SCHOOL DISTRICTS TO THE STATE PUBLIC SCHOOL BUILDING AUTHORITY,
25 THE SCHOOL DISTRICT FOR WHOM THE STATE PUBLIC SCHOOL BUILDING
26 AUTHORITY HAS ISSUED ITS BONDS, NOTES OR OTHER OBLIGATIONS IS
27 AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE STATE TREASURER
28 WHICH PROVIDES FOR THE WITHHOLDING OF ANY STATE APPROPRIATION
29 DUE SUCH SCHOOL DISTRICT AND THE PAYMENT DIRECTLY TO THE STATE
30 PUBLIC SCHOOL BUILDING AUTHORITY IN FULL SATISFACTION OF SUCH
19970H0601B4190 - 22 -
1 RENTALS OR LOAN CONTRACT PAYMENTS DUE FROM THE SCHOOL DISTRICT
2 DURING THE FISCAL YEAR.
3 SECTION 2 6. THE ACT IS AMENDED BY ADDING AN ARTICLE TO <--
4 READ:
5 ARTICLE XIX-D.
6 COMMUNITY EDUCATION COUNCILS.
7 SECTION 1901-D. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE:
8 (1) "COMMUNITY EDUCATION COUNCIL" OR "CEC." A NONPROFIT
9 EDUCATIONAL ORGANIZATION, GOVERNED BY A COMMUNITY-BASED BOARD OF
10 DIRECTORS, WHICH SERVES TO PROVIDE ACCESS TO POST-SECONDARY
11 EDUCATION AND TRAINING RESOURCES FOR CITIZENS IN EDUCATIONALLY
12 UNDERSERVED AREAS OF THIS COMMONWEALTH.
13 (2) "DIRECT COST." THE COST OF OPERATION, INCLUDING, BUT <--
14 NOT LIMITED TO, PERSONNEL, RENT, UTILITIES, INSURANCE, SUPPLIES,
15 EQUIPMENT AND TECHNOLOGY NEEDS, STAFF DEVELOPMENT, MARKETING,
16 MAINTENANCE AND INSTRUCTIONAL SERVICES.
17 (2) (3) "EDUCATIONALLY UNDERSERVED AREA." AN AREA <--
18 DESIGNATED BY THE SECRETARY OF EDUCATION OF THE COMMONWEALTH AS
19 AN ADULT EDUCATION, CONTINUING EDUCATION AND/OR POST-SECONDARY
20 EDUCATION SHORTAGE AREA USING CRITERIA WHICH TAKE INTO ACCOUNT
21 SPECIAL BARRIERS TO THE PROVISION OF EDUCATION SERVICES.
22 (4) "INSTITUTIONALLY NEUTRAL." HAVING NO EXCLUSIVE LEGAL <--
23 AFFILIATION WITH ANY PROVIDER OF POSTSECONDARY EDUCATION OR A
24 BRANCH CAMPUS, BRANCH LOCATION OR OUTREACH CENTER OF A PROVIDER
25 OF POSTSECONDARY EDUCATION. THIS TERM SHALL APPLY TO ALL
26 COMMUNITY EDUCATION COUNCILS AND FOUNDATIONS ESTABLISHED AFTER
27 JUNE 30, 1999.
28 (3) (5) "POST-SECONDARY EDUCATION RESOURCES." THE TERM <--
29 INCLUDES, BUT IS NOT LIMITED TO, AREA VOCATIONAL-TECHNICAL
30 SCHOOLS, DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION
19970H0601B4190 - 23 -
1 ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY THE FEDERAL
2 GOVERNMENT, INSTITUTIONS LICENSED UNDER THE ACT OF DECEMBER 15,
3 1986 (P.L.1585, NO.174), KNOWN AS THE "PRIVATE LICENSED SCHOOLS
4 ACT", PROFESSIONAL, VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR
5 LICENSURE PROGRAMS, AND EDUCATIONAL TECHNOLOGY.
6 (4) (6) "SECRETARY." THE SECRETARY OF EDUCATION OF THE <--
7 COMMONWEALTH.
8 SECTION 1902-D. POWERS AND DUTIES OF SECRETARY OF <--
9 EDUCATION.--(A) FOR ANYONE SUBMITTING AN APPLICATION TO
10 ESTABLISH A COMMUNITY EDUCATION COUNCIL AFTER JUNE 30, 1998, THE
11 SECRETARY SHALL EITHER APPROVE OR DISAPPROVE SUCH APPLICATION
12 PRIOR TO THE COUNCIL BEING ELIGIBLE TO RECEIVE STATE FUNDING.
13 THE APPLICATION SHALL INCLUDE AN EDUCATION PLAN, A STATISTICAL
14 ASSESSMENT OF THE STUDENT SERVICE AREA AND THE EDUCATIONAL NEEDS
15 THEREOF, AND A DEMONSTRATION OF FISCAL SUPPORT AND STABILITY.
16 (B) THE SECRETARY MAY REVOKE THE APPROVAL OF A COUNCIL IF
17 THE COUNCIL FAILS TO MEET THE CRITERIA ESTABLISHED UNDER THIS
18 SECTION. THE APPROVAL OF A COUNCIL SHALL REMAIN IN EFFECT UNLESS
19 REVOKED BY THE SECRETARY.
20 SECTION 1902-D 1903-D. POWERS AND DUTIES OF COMMUNITY <--
21 EDUCATION COUNCIL.--(A) COMMUNITY EDUCATION COUNCILS SHALL
22 IDENTIFY, IMPLEMENT AND OVERSEE NEW OR INNOVATIVE EFFORTS TO
23 PROVIDE ACCESS TO POST-SECONDARY EDUCATION OPPORTUNITIES IN
24 EDUCATIONALLY UNDERSERVED COMMUNITIES WITHIN THIS COMMONWEALTH.
25 (B) POST-SECONDARY EDUCATIONAL OPPORTUNITIES MAY INCLUDE,
26 BUT ARE NOT LIMITED TO, ANY OF THE FOLLOWING:
27 (1) PROGRAMS, COURSES OR CLASSES LEADING TO PROFESSIONAL,
28 VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR LICENSURE, AN
29 ASSOCIATE DEGREE, A BACHELOR'S DEGREE OR A MASTER'S DEGREE.
30 (2) GED PREPARATION.
19970H0601B4190 - 24 -
1 (3) SKILL DEVELOPMENT OR SKILL ENHANCEMENT FOR THE COMMUNITY
2 WORK FORCE.
3 (4) CUSTOMIZED JOB TRAINING FOR COMMUNITY EMPLOYERS.
4 (C) COMMUNITY EDUCATION COUNCILS SHALL ALSO ASSIST IN THE
5 PROVISION OF RESOURCES AND SERVE AS A VEHICLE FOR EMPLOYMENT
6 OPPORTUNITIES WHICH MEET THE COMMUNITY'S CURRENT AND FUTURE
7 ECONOMIC DEVELOPMENT NEEDS.
8 SECTION 1903-D 1904-D. POWERS AND DUTIES OF BOARD OF <--
9 DIRECTORS.--(A) A COMMUNITY EDUCATION COUNCIL ESTABLISHED UNDER
10 THIS ARTICLE SHALL BE ADMINISTERED AND SUPERVISED BY A
11 COMMUNITY-BASED BOARD OF DIRECTORS.
12 (B) THE BOARD OF DIRECTORS SHALL, FOR PURPOSES OF OPERATING
13 AND MAINTAINING A COMMUNITY EDUCATION COUNCIL, HAVE THE
14 FOLLOWING POWERS AND DUTIES:
15 (1) TO HOLD, RENT, LEASE, SELL, PURCHASE AND IMPROVE
16 BUILDINGS, FURNISHINGS, EQUIPMENT, MATERIALS, BOOKS AND
17 SUPPLIES.
18 (2) TO ENTER INTO CONTRACTS OR AGREEMENTS FOR SERVICES WITH
19 POST-SECONDARY INSTITUTIONS, OTHER EDUCATIONAL PROVIDERS OR
20 LOCAL GOVERNMENT AGENCIES IN ORDER TO CARRY OUT THE INTENT AND
21 PURPOSES OF THIS ARTICLE.
22 (3) TO ACCEPT AND RECEIVE GIFTS OF REAL AND PERSONAL
23 PROPERTY.
24 (4) TO APPLY FOR FEDERAL, STATE AND LOCAL FUNDS AND GRANTS
25 AND TO EXPEND FUNDS OBTAINED FROM THESE SOURCES.
26 (5) TO DETERMINE THE NEEDS AND ASPIRATIONS OF POTENTIAL
27 STUDENTS AND EMPLOYERS IN THE COMMUNITY.
28 (6) TO MAKE POLICIES PROVIDING FOR IDENTIFICATION OF
29 STUDENTS, PROGRAMS, COURSES OR CLASSES TO BE OFFERED AND ANY
30 OTHER MATTERS RELATED TO ADMINISTRATION OF THE COMMUNITY
19970H0601B4190 - 25 -
1 EDUCATION COUNCIL.
2 (7) TO HIRE EMPLOYES TO CONDUCT THE DAY-TO-DAY OPERATIONS
3 AND CARRY OUT THE POLICY OF THE BOARD.
4 (8) TO EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER
5 DUTIES AS ARE NECESSARY TO EFFECT THE INTENT AND PURPOSES OF
6 THIS ARTICLE. NOTHING IN THIS ACT SHALL AUTHORIZE ANY DEGREE-
7 GRANTING.
8 SECTION 1904-D. STATE GRANTS.--THE SECRETARY MAY AWARD <--
9 GRANTS TO ELIGIBLE COMMUNITY EDUCATION COUNCILS TO ASSIST THEM
10 IN PROVIDING INDIVIDUALS AND EMPLOYERS IN EDUCATIONALLY
11 UNDERSERVED COMMUNITIES IN THIS COMMONWEALTH WITH ACCESS TO
12 POST-SECONDARY EDUCATION OPPORTUNITIES. GRANTS MADE UNDER THIS
13 SECTION SHALL BE MADE FROM AND LIMITED TO FUNDS APPROPRIATED FOR
14 THIS PURPOSE. THE SECRETARY SHALL ESTABLISH ELIGIBILITY CRITERIA
15 WHICH COMMUNITY EDUCATION COUNCILS MUST ANNUALLY MEET IN ORDER
16 TO QUALIFY FOR ASSISTANCE UNDER THIS ARTICLE. HOWEVER, THOSE
17 COMMUNITY EDUCATION COUNCILS RECEIVING STATE ASSISTANCE DURING
18 THE 1997-1998 FISCAL YEAR SHALL BE DEEMED TO MEET THE
19 QUALIFICATIONS FOR FINANCIAL ASSISTANCE UNDER THIS ARTICLE.
20 PRIORITY FOR FINANCIAL ASSISTANCE DURING THE FIRST FISCAL YEAR
21 IN WHICH THIS ARTICLE BECOMES EFFECTIVE SHALL BE GIVEN TO THOSE
22 COMMUNITY EDUCATION COUNCILS, INCLUDING, BUT NOT LIMITED TO, THE
23 FOUNDATIONS SERVING BEDFORD AND SOMERSET COUNTIES, THAT RECEIVED
24 STATE ASSISTANCE DURING 1997-1998.
25 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
26 SECTION 1905-D. STATE FUNDING.--(A) FUNDING ALLOCATED UNDER <--
27 THIS SECTION SHALL BE ALLOCATED FROM AND LIMITED TO FUNDS
28 APPROPRIATED FOR THIS PURPOSE AND SHALL ONLY BE USED FOR DIRECT
29 COSTS FOR ANY INSTITUTION THAT PROVIDES COURSES WITHIN THE
30 COMMONWEALTH.
19970H0601B4190 - 26 -
1 (B) COMMUNITY EDUCATION COUNCILS WILL SUBMIT PROJECTED
2 EXPENDITURES TO THE SECRETARY OF EDUCATION FOR REVIEW PRIOR TO
3 ALLOCATION OF FUNDING. THE SECRETARY SHALL ESTABLISH ELIGIBILITY
4 CRITERIA WHICH COMMUNITY EDUCATION COUNCILS MUST ANNUALLY MEET
5 IN ORDER TO QUALIFY FOR ASSISTANCE UNDER THIS ARTICLE.
6 (C) THE SECRETARY, UPON CONSULTATION WITH APPROVED COUNCILS,
7 SHALL BE RESPONSIBLE FOR THE ALLOCATION AND DISTRIBUTION OF
8 STATE FUNDING AMONG COMMUNITY EDUCATION COUNCILS. PRIORITY FOR
9 FINANCIAL ASSISTANCE SHALL BE GIVEN TO THOSE COMMUNITY EDUCATION
10 COUNCILS AND THE FOUNDATIONS SERVING BEDFORD AND SOMERSET <--
11 COUNTIES, THAT RECEIVED STATE ASSISTANCE DURING 1997-1998.
12 SECTION 7. SECTION 2005-A OF THE ACT IS AMENDED BY ADDING A
13 CLAUSE TO READ:
14 SECTION 2005-A. THE CHANCELLOR.--THE CHIEF EXECUTIVE OFFICER
15 OF THE SYSTEM SHALL BE A CHANCELLOR, WHO SHALL BE EMPLOYED BY
16 THE BOARD IN ACCORDANCE WITH CLAUSE (1) OF SECTION 2006-A. IN
17 ADDITION TO THOSE PRESCRIBED BY THE BOARD, THE CHANCELLOR SHALL
18 HAVE THE FOLLOWING DUTIES:
19 * * *
20 (12) TO ENTER INTO MULTI-PARTY CONTRACTUAL RELATIONSHIPS, IN
21 ACCORDANCE WITH THE PROCUREMENT CODE OR DIRECT NEGOTIATION, WITH
22 BUSINESSES, INDUSTRIES, ORGANIZATIONS, STATE AND LOCAL
23 GOVERNMENTS AND THE FEDERAL GOVERNMENT TO PROVIDE ECONOMIC AND
24 WORKFORCE DEVELOPMENT.
25 SECTION 8. SECTION 2541(A) OF THE ACT, AMENDED NOVEMBER 20,
26 1979 (P.L.465, NO.97), IS AMENDED TO READ:
27 SECTION 2541. PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION.--
28 (A) SCHOOL DISTRICTS SHALL BE PAID BY THE COMMONWEALTH FOR
29 EVERY SCHOOL YEAR ON ACCOUNT OF PUPIL TRANSPORTATION WHICH, AND
30 THE MEANS AND CONTRACTS PROVIDING FOR WHICH, HAVE BEEN APPROVED
19970H0601B4190 - 27 -
1 BY THE DEPARTMENT OF EDUCATION, IN THE CASES HEREINAFTER
2 ENUMERATED, AN AMOUNT TO BE DETERMINED BY MULTIPLYING THE COST
3 OF APPROVED REIMBURSABLE PUPIL TRANSPORTATION INCURRED BY THE
4 DISTRICT BY THE DISTRICT'S AID RATIO. IN DETERMINING THE FORMULA
5 FOR THE COST OF APPROVED REIMBURSABLE TRANSPORTATION, THE
6 SECRETARY OF EDUCATION MAY PRESCRIBE THE METHODS OF DETERMINING
7 APPROVED MILEAGES AND THE UTILIZED PASSENGER CAPACITY OF
8 VEHICLES FOR REIMBURSEMENT PURPOSES. FOR THE SCHOOL YEAR 1998-
9 1999 AND EACH SCHOOL YEAR THEREAFTER, ANY SCHOOL ENTITY WHICH
10 CONTRACTS WITH ONE OR MORE SCHOOL ENTITIES TO PROVIDE PUPIL
11 TRANSPORTATION SERVICES SHALL BE REIMBURSED IN ACCORDANCE WITH
12 THE FORMULA SPECIFIED BY THE DEPARTMENT OF EDUCATION FOR
13 DISTRICT-OWNED VEHICLES. IN ADDITION THERETO, THE COMMONWEALTH
14 SHALL PAY TO EACH DISTRICT QUALIFYING A PAYMENT FOR EXCESSIVE
15 COST OF TRANSPORTATION, SAID AMOUNT TO BE DETERMINED BY
16 SUBTRACTING FROM THE COST OF THE APPROVED REIMBURSABLE
17 TRANSPORTATION THE SUM OF THE COMMONWEALTH TRANSPORTATION
18 PAYMENT IMMEDIATELY ABOVE, PLUS THE PRODUCT OF ONE-HALF MILL
19 (0.0005) TIMES THE LATEST MARKET VALUE OF THE DISTRICT AS
20 DETERMINED BY THE STATE TAX EQUALIZATION BOARD, PROVIDED SUCH
21 AMOUNT IS NOT NEGATIVE. IN ADDITION THERETO, THE COMMONWEALTH
22 SHALL PAY TO SCHOOL DISTRICTS WHICH OWN THEIR OWN VEHICLES, AN
23 ANNUAL DEPRECIATION CHARGE OF TEN PER CENTUM (10%), TO BE
24 CALCULATED ON THE BASIS OF THE APPROVED COST AT WHICH THE
25 DISTRICT ACQUIRED THE VEHICLE FOR WHICH DEPRECIATION IS CLAIMED.
26 WITH RESPECT TO VEHICLES PURCHASED PRIOR TO JANUARY 1, 1956, THE
27 NUMBER OF DEPRECIATION PAYMENTS SHALL BE LIMITED TO TEN SUCH
28 PAYMENTS. WITH RESPECT TO VEHICLES PURCHASED ON OR AFTER JANUARY
29 1, 1956, THE ANNUAL DEPRECIATION CHARGE SHALL NOT EXCEED SEVEN
30 HUNDRED DOLLARS ($700) FOR SUCH VEHICLES. THE NUMBER OF ANNUAL
19970H0601B4190 - 28 -
1 DEPRECIATION CHARGES SHALL BE LIMITED, SO THAT THE TOTAL AMOUNT
2 OF SUCH PAYMENTS SHALL NOT EXCEED THE COST OF THE VEHICLE AS
3 APPROVED BY THE DEPARTMENT OF EDUCATION AT THE TIME OF THE
4 PURCHASE. IN NO CASE SHALL THE COMMONWEALTH PAY, IN DEPRECIATION
5 CHARGES, MORE THAN TEN THOUSAND FIVE HUNDRED DOLLARS ($10,500)
6 FOR ANY ONE VEHICLE.
7 * * *
8 SECTION 9. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <--
9 ARTICLE XXVI-I.
10 POLICE OFFICER AND FIREFIGHTER
11 CHILD BENEFICIARY EDUCATION PROGRAM.
12 SECTION 2601-I. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE:
13 "ASSOCIATE DEGREE." AN UNDERGRADUATE DEGREE AWARDED BY A
14 COMMUNITY COLLEGE, A STATE-OWNED INSTITUTION OR A STATE-RELATED
15 INSTITUTION.
16 "BACCALAUREATE DEGREE." AN UNDERGRADUATE DEGREE AWARDED BY A
17 STATE-OWNED OR STATE-RELATED INSTITUTION.
18 "CHILD" OR "CHILDREN." A RESIDENT OF THIS COMMONWEALTH WHO
19 IS THE CHILD BY BIRTH OR ADOPTION OF A DECEASED POLICE OFFICER
20 OR FIREFIGHTER KILLED IN THE PERFORMANCE OF HIS OR HER DUTIES.
21 "COMMUNITY COLLEGE." A PUBLIC COLLEGE OR TECHNICAL INSTITUTE
22 WHICH IS ESTABLISHED AND OPERATED UNDER ARTICLE XIX-A AND ALL
23 BRANCHES OR CAMPUSES OF A COMMUNITY COLLEGE.
24 "EDUCATIONAL GRATUITY." THE WAIVER BY A COMMUNITY COLLEGE OR
25 A STATE-OWNED OR STATE-RELATED INSTITUTION OF TUITION, FEES AND
26 ROOM AND BOARD CHARGES FOR AN ELIGIBLE CHILD.
27 "FIREFIGHTER." AN INDIVIDUAL EMPLOYED IN THAT CAPACITY ON A
28 FULL-TIME BASIS BY A MUNICIPALITY OR A MEMBER OF A VOLUNTEER
29 FIRE COMPANY OF THIS COMMONWEALTH. THE TERM INCLUDES MEMBERS OF
30 A RESCUE SQUAD OR AMBULANCE SERVICE AS DEFINED IN THE ACT OF
19970H0601B4190 - 29 -
1 JUNE 24, 1976 (P.L.424, NO.101), REFERRED TO AS THE EMERGENCY
2 AND LAW ENFORCEMENT PERSONNEL DEATH BENEFITS ACT.
3 "MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN
4 OR TOWNSHIP, REGARDLESS OF FORM OF GOVERNMENT.
5 "PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY" OR "PHEAA."
6 THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY CREATED BY
7 THE ACT OF AUGUST 7, 1963 (P.L.549, NO.290), REFERRED TO AS THE
8 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY ACT.
9 "POLICE OFFICER." AN INDIVIDUAL EMPLOYED ON A FULL-TIME
10 BASIS BY THE COMMONWEALTH AS A MEMBER OF THE PENNSYLVANIA STATE
11 POLICE FORCE OR AN INDIVIDUAL EMPLOYED ON A FULL-TIME BASIS AS A
12 POLICE OFFICER BY A MUNICIPALITY OF THIS COMMONWEALTH.
13 "PROGRAM." THE POSTSECONDARY EDUCATIONAL GRATUITY PROGRAM
14 CREATED BY THIS ARTICLE.
15 "ROOM AND BOARD CHARGE." THE AMOUNT CHARGED BY A COMMUNITY
16 COLLEGE OR A STATE-OWNED OR STATE-RELATED INSTITUTION FOR
17 PROVISION OF LODGING AND MEALS TO STUDENTS ENROLLED AT THE
18 COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED INSTITUTION.
19 "STATE-OWNED INSTITUTION." AN INSTITUTION WHICH IS PART OF
20 THE STATE SYSTEM OF HIGHER EDUCATION UNDER ARTICLE XX-A AND ALL
21 BRANCHES AND CAMPUSES OF A STATE-OWNED INSTITUTION.
22 "STATE-RELATED INSTITUTION." THE PENNSYLVANIA STATE
23 UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, TEMPLE UNIVERSITY,
24 LINCOLN UNIVERSITY AND THE PENNSYLVANIA COLLEGE OF TECHNOLOGY.
25 "TOTAL INSTITUTION CHARGES." TUITION AND FEES PLUS ROOM AND
26 BOARD CHARGES.
27 "TUITION AND FEES." THE INSTRUCTIONAL CHARGE AND ANY OTHER
28 FEE ESTABLISHED BY THE GOVERNING BOARD OF A COMMUNITY COLLEGE
29 FOR COMMONWEALTH RESIDENTS ATTENDING THE COMMUNITY COLLEGE OR
30 THE INSTRUCTIONAL FEE ESTABLISHED BY THE BOARD OF GOVERNORS OF
19970H0601B4190 - 30 -
1 THE STATE SYSTEM OF HIGHER EDUCATION FOR COMMONWEALTH RESIDENTS
2 ATTENDING STATE-OWNED INSTITUTIONS. THE TERM INCLUDES TUITION
3 AND FEES SET BY THE RESPECTIVE GOVERNING BODIES OF THE STATE-
4 RELATED INSTITUTIONS.
5 "VOLUNTEER FIRE COMPANY." A NONPROFIT CHARTERED CORPORATION,
6 ASSOCIATION OR ORGANIZATION LOCATED IN THIS COMMONWEALTH WHICH
7 PROVIDES FIRE PROTECTION SERVICES WITHIN THIS COMMONWEALTH.
8 SECTION 2602-I. POSTSECONDARY EDUCATIONAL GRATUITY
9 PROGRAM.--(A) THERE IS HEREBY ESTABLISHED THE POSTSECONDARY
10 EDUCATIONAL GRATUITY PROGRAM FOR CHILDREN OF POLICE OFFICERS AND
11 FIREFIGHTERS OF THIS COMMONWEALTH WHO ARE KILLED WHILE ACTING IN
12 THE PERFORMANCE OF THEIR DUTIES.
13 (B) (1) POLICE OFFICERS SHALL BE DEEMED TO HAVE BEEN KILLED
14 IN THE PERFORMANCE OF THEIR DUTIES IF DEATH RESULTS FROM JOB-
15 RELATED INJURIES SUSTAINED OR INFLICTED WHILE PERFORMING ANY OF
16 THE FOLLOWING:
17 (I) ANSWERING AN EMERGENCY CALL.
18 (II) CONDUCTING INTERROGATIONS OF CRIME SUSPECTS OR
19 INTERROGATIONS PURSUANT TO A RESPONSE TO AN EMERGENCY CALL.
20 (III) CONDUCTING VEHICLE STOPS FOR TRAFFIC VIOLATIONS.
21 (IV) ACTIVELY RESPONDING TO REQUESTS FOR ASSISTANCE FROM THE
22 PUBLIC.
23 (V) MAINTAINING ORDER AND SECURITY AT THE SCENE OF AN
24 EMERGENCY.
25 (2) FIREFIGHTERS SHALL BE DEEMED TO HAVE BEEN KILLED IN THE
26 PERFORMANCE OF THEIR DUTIES IF DEATH RESULTS FROM JOB-RELATED
27 INJURIES SUSTAINED OR INFLICTED WHILE PERFORMING ANY OF THE
28 FOLLOWING:
29 (I) BEING PRESENT AT THE SCENE OF A FIRE OR GOING TO AND
30 FROM A FIRE. IN THE CASE OF VOLUNTEER FIREFIGHTERS, "GOING TO
19970H0601B4190 - 31 -
1 AND FROM A FIRE" SHALL INCLUDE TRAVELING FROM AND DIRECTLY
2 RETURNING TO THE FIREFIGHTER'S HOME, PLACE OF BUSINESS OR OTHER
3 LOCATION WHERE THE FIREFIGHTER WAS WHEN THE FIRE CALL OR ALARM
4 WAS RECEIVED FOR A FIRE WHICH THE FIREFIGHTER'S VOLUNTEER FIRE
5 COMPANY ATTENDED.
6 (II) ANSWERING AN EMERGENCY CALL.
7 (III) MAINTAINING ORDER AND SECURITY AT THE SCENE OF AN
8 EMERGENCY.
9 (3) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, DEATHS
10 WHICH OCCUR AS THE DIRECT AND PROXIMATE RESULT OF PREEXISTING
11 PHYSICAL CONDITIONS, DISEASES OR ILLNESSES SHALL BE EXCLUDED
12 FROM ELIGIBILITY UNDER THIS SECTION.
13 (4) ANY CHILD OF A POLICE OFFICER OR FIREFIGHTER KILLED IN
14 THE PERFORMANCE OF HIS OR HER DUTIES SHALL BE ELIGIBLE FOR AN
15 EDUCATIONAL GRATUITY, PROVIDED THE CHILD IS TWENTY-FIVE (25)
16 YEARS OF AGE OR YOUNGER AT THE TIME OF APPLICATION FOR
17 PARTICIPATION IN THIS PROGRAM, MEETS ALL ADMISSION REQUIREMENTS
18 OF THE COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED
19 INSTITUTION TO WHICH APPLICATION IS MADE AND IS ENROLLED AS A
20 FULL-TIME STUDENT AT A COMMUNITY COLLEGE OR A STATE-OWNED OR
21 STATE-RELATED INSTITUTION.
22 (5) A CHILD WHO IS TWENTY-FIVE (25) YEARS OF AGE OR YOUNGER
23 AT THE TIME OF THE CHILD'S APPLICATION FOR PARTICIPATION IN THIS
24 PROGRAM AND WHO MEETS ALL OTHER ELIGIBILITY REQUIREMENTS MAY
25 RECEIVE AN EDUCATIONAL GRATUITY FOR UP TO FIVE (5) YEARS
26 PROVIDED THE CHILD OTHERWISE CONTINUES TO BE ELIGIBLE FOR
27 PARTICIPATION.
28 (C) (1) THE BENEFIT AVAILABLE UNDER THIS SECTION SHALL BE
29 PROVIDED ONLY FOR FULL-TIME STUDENTS WHO ARE PURSUING
30 UNDERGRADUATE STUDIES LEADING TO AN ASSOCIATE DEGREE OR A
19970H0601B4190 - 32 -
1 BACCALAUREATE DEGREE.
2 (2) A CHILD BECOMES ELIGIBLE FOR THIS BENEFIT AFTER HE OR
3 SHE HAS APPLIED FOR AVAILABLE SCHOLARSHIPS AND FEDERAL AND STATE
4 GRANTS TO COVER TUITION AND ROOM AND BOARD COSTS. THE CHILD MUST
5 PROVIDE A RECORD OF APPLICATION FOR SUCH FINANCIAL AID TO THE
6 COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED INSTITUTION TO
7 WHICH HE OR SHE IS APPLYING.
8 (3) A COMMUNITY COLLEGE OR A STATE-OWNED OR STATE-RELATED
9 INSTITUTION SHALL WAIVE ALL REMAINING TUITION AND ROOM AND BOARD
10 CHARGES (TOTAL TUITION, ROOM AND BOARD AND FEES MINUS AWARDED
11 SCHOLARSHIPS AND FEDERAL AND STATE GRANTS) FOR AN ELIGIBLE CHILD
12 DURING THE TIME THE CHILD IS ENROLLED AS A FULL-TIME STUDENT,
13 PROVIDED THE CHILD MEETS ALL REQUIREMENTS FOR ADMISSION TO THE
14 COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED INSTITUTION
15 AND DURING THE CHILD'S ENROLLMENT COMPLIES WITH ALL REQUIREMENTS
16 OF THE INSTITUTION FOR CONTINUED ATTENDANCE AND AWARD OF AN
17 ASSOCIATE DEGREE OR A BACCALAUREATE DEGREE.
18 (D) (1) COPIES OF ALL POLICE OFFICER AND FIREFIGHTER DEATH
19 CERTIFICATIONS RECEIVED BY THE DEPARTMENT OF GENERAL SERVICES
20 UNDER THE ACT OF JUNE 24, 1976 (P.L.424, NO.101), REFERRED TO AS
21 THE EMERGENCY AND LAW ENFORCEMENT PERSONNEL DEATH BENEFITS ACT,
22 SHALL BE PROVIDED BY THE DEPARTMENT OF GENERAL SERVICES TO PHEAA
23 WITHIN TWENTY (20) DAYS OF THEIR RECEIPT.
24 (2) APPLICATIONS FOR AN EDUCATIONAL GRATUITY SHALL BE
25 SUBMITTED TO PHEAA BY THE CHILD OR THE SURVIVING PARENT OR
26 GUARDIAN OF THE CHILD, TOGETHER WITH A CERTIFIED COPY OF THE
27 CHILD'S BIRTH CERTIFICATE OR ADOPTION RECORD OR OTHER
28 DOCUMENTATION OF BIRTH OR ADOPTION ACCEPTABLE TO PHEAA. THE
29 APPLICATION SHALL INCLUDE A COPY OF THE CHILD'S LETTER OF
30 ACCEPTANCE AT A COMMUNITY COLLEGE OR A STATE-OWNED OR STATE-
19970H0601B4190 - 33 -
1 RELATED INSTITUTION. IF NO DEATH CERTIFICATION HAS BEEN RECEIVED
2 FROM THE DEPARTMENT OF GENERAL SERVICES, PHEAA MAY ELECT TO
3 ACCEPT OTHER DOCUMENTATION CERTIFYING THAT THE CHILD'S PARENT
4 WAS A POLICE OFFICER OR FIREFIGHTER KILLED DURING THE
5 PERFORMANCE OF HIS OR HER DUTIES.
6 (3) WITHIN THIRTY (30) DAYS OF RECEIPT OF A COMPLETED
7 APPLICATION, PHEAA SHALL SEND WRITTEN NOTICE TO THE CHILD AND
8 THE COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED
9 INSTITUTION OF THE CHILD'S ELIGIBILITY OR NONELIGIBILITY FOR
10 PARTICIPATION IN THIS PROGRAM. IF THE CHILD IS DETERMINED NOT TO
11 BE ELIGIBLE FOR AN EDUCATIONAL GRATUITY, THE NOTICE SHALL
12 INCLUDE THE REASON OR REASONS FOR SUCH DETERMINATION AND AN
13 INDICATION THAT AN APPEAL OF PHEAA'S DETERMINATION MAY BE MADE
14 PURSUANT TO 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND
15 PROCEDURE).
16 (4) UPON RECEIPT OF NOTIFICATION OF THE CHILD'S ELIGIBILITY
17 FROM PHEAA, A COMMUNITY COLLEGE OR A STATE-OWNED OR STATE-
18 RELATED INSTITUTION IS PROHIBITED FROM CHARGING THE CHILD OR THE
19 CHILD'S PARENT OR GUARDIAN ANY TUITION FEE OR ROOM AND BOARD
20 CHARGE. IF MONEYS HAVE BEEN RECEIVED BY THE COMMUNITY COLLEGE OR
21 THE STATE-OWNED OR STATE-RELATED INSTITUTION FOR THESE PURPOSES,
22 THOSE MONEYS MUST BE REFUNDED IN FULL WITHIN THIRTY (30) DAYS OF
23 RECEIPT BY THE COMMUNITY COLLEGE OR THE STATE-OWNED OR STATE-
24 RELATED INSTITUTION OF THE NOTICE OF THE CHILD'S ELIGIBILITY.
25 (5) EACH COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED
26 INSTITUTION AT WHICH AN ELIGIBLE CHILD IS ENROLLED SHALL NOTIFY
27 PHEAA UPON THE CHILD'S GRADUATION OR WHEN THE CHILD IS NO LONGER
28 ENROLLED AT THE COMMUNITY COLLEGE OR STATE-OWNED OR STATE-
29 RELATED INSTITUTION.
30 SECTION 2603-I. REPORT TO GENERAL ASSEMBLY.--EACH YEAR AS
19970H0601B4190 - 34 -
1 PART OF ITS BUDGET PRESENTATION TO THE GENERAL ASSEMBLY, PHEAA
2 SHALL PROVIDE A REPORT ON:
3 (1) THE NUMBER OF APPLICATIONS SUBMITTED DURING THE PRIOR
4 YEAR, INCLUDING NUMBERS OF APPLICATIONS APPROVED AND
5 DISAPPROVED.
6 (2) THE NUMBER OF CHILDREN CURRENTLY PARTICIPATING IN THIS
7 PROGRAM AT COMMUNITY COLLEGES OR STATE-OWNED OR STATE-RELATED
8 INSTITUTIONS.
9 (3) THE NUMBER OF PROGRAM PARTICIPANTS WHO HAVE COMPLETED
10 REQUIREMENTS FOR AN ASSOCIATE DEGREE OR A BACCALAUREATE DEGREE
11 DURING THE PRIOR YEAR.
12 (4) THE TOTAL NUMBER OF PROGRAM PARTICIPANTS WHO HAVE
13 RECEIVED AN ASSOCIATE DEGREE OR A BACCALAUREATE DEGREE SINCE THE
14 PROGRAM'S INCEPTION.
15 (5) THE NUMBER OF PROGRAM PARTICIPANTS WHO WERE APPROVED FOR
16 AN EDUCATIONAL GRATUITY BUT WHO NEVER OBTAINED AN ASSOCIATE
17 DEGREE OR A BACCALAUREATE DEGREE.
18 SECTION 2604-I. REGULATIONS.--PHEAA SHALL, IN THE MANNER
19 PROVIDED BY LAW, PROMULGATE THE RULES AND REGULATIONS NECESSARY
20 TO CARRY OUT THIS ARTICLE.
21 SECTION 2605-I. SEVERABILITY.--THE PROVISIONS OF THIS
22 ARTICLE ARE SEVERABLE. IF ANY PROVISION OF THIS ARTICLE OR ITS
23 APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE
24 INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF
25 THIS ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID
26 PROVISION OR APPLICATION.
27 SECTION 2606-I. RETROACTIVITY.--THIS ARTICLE SHALL BE
28 RETROACTIVE TO JANUARY 1, 1976, AND THE BENEFIT PROVIDED SHALL
29 BE AVAILABLE TO QUALIFIED CHILDREN OF POLICE OFFICERS AND
30 FIREFIGHTERS OF THIS COMMONWEALTH KILLED IN THE PERFORMANCE OF
19970H0601B4190 - 35 -
1 THEIR DUTIES SINCE THAT DATE. NO COMMUNITY COLLEGE, STATE-OWNED
2 OR STATE-RELATED INSTITUTION SHALL REIMBURSE QUALIFIED CHILDREN
3 FOR TUITION AND FEES OR ROOM AND BOARD CHARGES PAID BETWEEN
4 JANUARY 1, 1976, AND THE EFFECTIVE DATE OF THIS ARTICLE.
5 SECTION 10 9. THE AMENDMENT OF SECTION 102(4) OF THE ACT <--
6 SHALL BE RETROACTIVE TO JULY 1, 1997.
7 SECTION 11 10. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. AS <--
8 FOLLOWS:
9 (1) THE AMENDMENT OF SECTION 672.1 OF THE ACT SHALL TAKE
10 EFFECT IN 60 DAYS.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
12 IMMEDIATELY.
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