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                                                      PRINTER'S NO. 3218

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2329 Session of 2002


        INTRODUCED BY STAIRS, COLAFELLA, ARGALL, BASTIAN, HERMAN, KREBS,
           McILHATTAN, R. MILLER, NAILOR, ROHRER, SCHULER, T. STEVENSON,
           GRUCELA, KIRKLAND, ROEBUCK, STURLA, M. BAKER, BELFANTI,
           BENNINGHOFF, BISHOP, BROWNE, BUNT, CAPPELLI, L. I. COHEN,
           COSTA, CREIGHTON, CRUZ, DALEY, DeLUCA, DeWEESE, J. EVANS,
           FEESE, FRANKEL, GEIST, GEORGE, GORDNER, HARHAI, HERSHEY,
           HESS, HORSEY, HUTCHINSON, JOSEPHS, LAUGHLIN, MANN, MARKOSEK,
           MELIO, MICOZZIE, S. MILLER, PETRARCA, PRESTON, RAYMOND,
           READSHAW, ROBERTS, SAINATO, SANTONI, SATHER, SAYLOR,
           SCRIMENTI, SEMMEL, SHANER, B. SMITH, SOLOBAY, SURRA,
           TANGRETTI, E. Z. TAYLOR, THOMAS, TRAVAGLIO, WALKO, WATSON AND
           YOUNGBLOOD, JANUARY 30, 2002

        REFERRED TO COMMITTEE ON EDUCATION, JANUARY 30, 2002

                                     AN ACT

     1  Providing certain students the opportunity to enroll in a
     2     community college, State-owned institution or State-related
     3     institution and to earn both high school and college credit.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Postsecondary
     8  Education Opportunities Act.
     9  Section 2.  Legislative findings and declaration.
    10     The General Assembly hereby finds, determines and declares:
    11         (1)  High school students need to be continually
    12     challenged in order to maintain their academic interest and
    13     such challenges must include rigorous academic pursuits.


     1         (2)  High school students need to be prepared for
     2     postsecondary learning.
     3         (3)  The Commonwealth should promote a seamless system of
     4     elementary, secondary and postsecondary education.
     5  Section 3.  Definitions.
     6     The following words and phrases when used in this act shall
     7  have the meanings given to them in this section unless the
     8  context clearly indicates otherwise:
     9     "Community college."  A public college or technical institute
    10  which is established and operated under Article XIX-A of the act
    11  of March 10, 1949 (P.L.30, No.14), known as the Public School
    12  Code of 1949, and all branches or campuses of such a college or
    13  institution.
    14     "Department."  The Department of Education of the
    15  Commonwealth.
    16     "Program."  The Postsecondary Education Opportunities Program
    17  established in this act.
    18     "Qualified student."  A resident of this Commonwealth who:
    19         (1)  Is enrolled in the school district of residence.
    20         (2)  Is in eleventh or twelfth grade.
    21         (3)  Is not more than 21 years old.
    22         (4)  Has not yet received a high school diploma or its
    23     equivalent.
    24         (5)  Has a cumulative grade point average of 3.0 or
    25     higher on a 4.0 scale.
    26         (6)  Demonstrates the ability to benefit from college-
    27     level courses as evidenced by the student's high school
    28     transcript.
    29     "State-owned institution."  An institution which is part of
    30  the State System of Higher Education under Article XX-A of the
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     1  act of March 10, 1949 (P.L.30, No.14), known as the Public
     2  School Code of 1949, and all branches and campuses of such an
     3  institution.
     4     "State-related institution."  The Pennsylvania State
     5  University, the University of Pittsburgh, Temple University, the
     6  Pennsylvania College of Technology and Lincoln University.
     7  Section 4.  Postsecondary Education Opportunities Program.
     8     (a)  Establishment.--
     9         (1)  The Postsecondary Education Opportunities Program is
    10     established. The program shall provide that a qualified
    11     student may, after receiving advice and counsel of a high
    12     school guidance counselor and supplying the high school
    13     guidance counselor with the written consent of the student's
    14     parent or legal guardian, apply to a community college,
    15     State-related or State-owned institution for admission.
    16         (2)  If a qualified student meets admissions and program
    17     requirements and is accepted for enrollment under this act,
    18     the community college, State-related or State-owned
    19     institution shall send written notice to the student and the
    20     student's school district within ten days of acceptance. The
    21     notice shall indicate the course and hours of enrollment for
    22     that student.
    23     (b)  Nonpublic students and home schooled students.--
    24         (1)  A qualified student who is enrolled in a nonpublic
    25     high school is eligible to participate in the program only if
    26     the nonpublic school has been approved by the student's
    27     school district.
    28         (2)  A qualified student who is home schooled is eligible
    29     to participate only if that student's education program has
    30     been approved by the student's school district superintendent
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     1     in accordance with section 1327.1 of the act of March 10,
     2     1949 (P.L.30, No.14), known as the Public School Code of
     3     1949. To participate in the program, a home-schooled
     4     qualified student must obtain the approval of a high school
     5     guidance counselor and school superintendent of the district
     6     where that student resides.
     7  Section 5.  Courses, credits and grades.
     8     (a)  Summer and intersession programs.--A qualified student
     9  may enroll in courses offered in summer and intersession
    10  programs.
    11     (b)  Academic and occupational college-level courses.--
    12         (1)  A qualified student may enroll in academic and
    13     occupational college-level courses and may not enroll in
    14     developmental/remedial, physical education or sectarian
    15     courses.
    16         (2)  At the discretion of the high school in which the
    17     student is enrolled, the student may enroll in academic and
    18     occupational college-level courses even though such courses
    19     may already be offered at the high school in which the
    20     student is enrolled.
    21     (c)  High school credit.--
    22         (1)  Upon evidence that a qualified student has
    23     successfully completed his or her courses, the high school in
    24     which the student is enrolled shall determine how to
    25     calculate the college credits earned by the student into the
    26     student's grade point average, include such courses on the
    27     student's transcript and apply such credits toward the
    28     student's high school graduation requirements. Successful
    29     completion shall be determined by the high school in which
    30     the student is enrolled.
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     1         (2)  The awarding of high school credit for nonpublic,
     2     qualified students shall be at the discretion of the
     3     student's nonpublic schools.
     4     (d)  College course credit.--At the discretion of the
     5  community college, State-related or State-owned institution in
     6  which a qualified student is enrolled, course credit may apply
     7  towards a certificate or an associate's or bachelor's degree.
     8  Section 6.  Eligible sites.
     9     (a)  General rule.--A qualified student may enroll in
    10  academic and occupational college-level courses offered at a
    11  high school or at a main or branch campus of a community
    12  college, State-related or State-owned institution. At the
    13  discretion of the high school in which the student is enrolled,
    14  the student may enroll in distance learning courses which may
    15  include, but are not limited to, technology or correspondence.
    16     (b)  Hours of instruction.--At the discretion of the high
    17  school in which a qualified student is enrolled, the student may
    18  attend academic and occupational college-level courses before,
    19  during or after the normal hours of a school day.
    20  Section 7.  Transportation, textbooks and materials.
    21     Qualified students participating in the program shall be
    22  responsible for their own transportation, textbooks and
    23  instructional materials.
    24  Section 8.  Extracurricular and cocurricular activities.
    25     No school district of residence shall prohibit a qualified
    26  student participating under the program from participating in
    27  any extracurricular or cocurricular activities of that school
    28  district of residence. Provided, that the student is able to
    29  fulfill all of the requirements of participation in such
    30  activities.
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     1  Section 9.  Cost for tuition and fees.
     2     (a)  General rule.--A qualified student participating under
     3  the program shall pay the costs for tuition and fees, as
     4  determined by the community college, State-related or State-
     5  owned institution.
     6     (b)  Reimbursement.--A qualified student participating under
     7  the program may be eligible for reimbursement for costs for
     8  tuition and fees.
     9     (c)  Payment by school district.--On behalf of the qualified
    10  student participating under this program, a school district may,
    11  but shall not be required to, pay the costs for tuition and
    12  fees, unless otherwise required to pay such costs as a local
    13  sponsor of a community college.
    14  Section 10.  Reimbursement to community colleges.
    15     Community colleges shall be eligible to receive full-time
    16  equivalent reimbursement for qualified students under section
    17  1913-A(b)(1.4) of the act of March 10, 1949 (P.L.30, No.14),
    18  known as the Public School Code of 1949.
    19  Section 11.  Reimbursement to school districts.
    20     (a)  General rule.--To the extent that funds are available, a
    21  qualified student participating under this program may be
    22  eligible for reimbursement for costs for tuition and fees by the
    23  student's school district of residence, provided that the
    24  student successfully completed his or her college-level courses.
    25  Successful completion shall be determined by the high school in
    26  which the student is enrolled. To be reimbursed for costs for
    27  tuition and fees, the student must apply to his or her school
    28  district of residence and report information regarding student
    29  participation in the program in such a manner and on such forms
    30  as the school district may require.
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     1     (b)  Membership roll.--Qualified students participating under
     2  this program shall be included in the membership roll of the
     3  student's school district of residence, regardless of the hours
     4  of instruction.
     5  Section 12.  Rules and regulations.
     6     The department shall promulgate such reasonable rules and
     7  regulations as it deems necessary for the administration of this
     8  act.
     9  Section 13.  Effective date.
    10     This act shall take effect July 1, 2002, or immediately,
    11  whichever is later.













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