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| PRIOR PRINTER'S NOS. 226, 721, 1031 | PRINTER'S NO. 1711 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, WILLIAMS, SCARNATI, PILEGGI, FOLMER, BROWNE, SMUCKER, ALLOWAY, ERICKSON, RAFFERTY, EICHELBERGER, PIPPY, D. WHITE, MENSCH, BRUBAKER, WASHINGTON AND STACK, JANUARY 26, 2011 |
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| SENATOR PICCOLA, EDUCATION, RE-REPORTED AS AMENDED, OCTOBER 25, 2011 |
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| AN ACT |
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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," in opportunities for educational | <-- |
6 | excellence, further providing for definitions and for |
7 | concurrent enrollment agreements; in charter schools, further |
8 | providing for definitions; establishing the Charter School |
9 | Funding Advisory Committee; further providing for powers of |
10 | charter schools, for charter school requirements, for powers |
11 | of board of trustees, for establishment of charter school, |
12 | for contents of application, for terms and form of charter, |
13 | for State Charter School Appeal Board, for facilities, for |
14 | enrollment, for funding for charter schools, for annual |
15 | reports and assessments, for causes for nonrenewal or |
16 | termination and for provisions applicable to charter schools; |
17 | providing for effect on existing charter schools; further |
18 | providing for powers and duties of department, for assessment |
19 | and evaluation, for school district and intermediate unit |
20 | responsibilities and for establishment of cyber charter |
21 | school; repealing provisions relating to enrollment and |
22 | notification; further providing for applicability of other |
23 | provisions of this act and of other acts and regulations; |
24 | providing for opportunity scholarships; establishing the | <-- |
25 | Excess Scholarship Fund; providing and for educational | <-- |
26 | improvement tax credit; and repealing provisions of the Tax |
27 | Reform Code of 1971 relating to educational improvement tax |
28 | credit. |
29 | The General Assembly of the Commonwealth of Pennsylvania |
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1 | hereby enacts as follows: |
2 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known | <-- |
3 | as the Public School Code of 1949, is amended by adding an |
4 | article to read: |
5 | ARTICLE XXV-B |
6 | OPPORTUNITY SCHOLARSHIPS AND |
7 | EDUCATIONAL IMPROVEMENT TAX CREDIT |
8 | (a) Preliminary Provisions |
9 | Section 2501-B. Short title. |
10 | This article shall be known and may be cited as the |
11 | Opportunity Scholarship and Educational Improvement Tax Credit |
12 | Act. |
13 | (b) Opportunity Scholarships |
14 | Section 2501.1-B. Legislative findings. |
15 | The General Assembly finds that: |
16 | (1) Pursuant to section 14 of Article III of the |
17 | Constitution of Pennsylvania, the General Assembly has the |
18 | responsibility to provide for the maintenance and support of |
19 | a thorough and efficient system of public education to serve |
20 | the needs of this Commonwealth. |
21 | (2) Parents are best suited to choose the most |
22 | appropriate means of education for their school-age children. |
23 | (3) Providing diverse educational opportunities for the |
24 | children of this Commonwealth is a civic and civil rights |
25 | imperative and a matter of serious concern. |
26 | (4) The importance of providing educational choices that |
27 | will meet the needs of parents, and the need to maintain and |
28 | support an effective system of education, make it imperative |
29 | to provide for the increased availability of diverse |
30 | opportunities, including both public and nonpublic programs |
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1 | of education, to benefit all citizens of this Commonwealth. |
2 | (5) Public schools are the foundation of the system of |
3 | education in this Commonwealth. Further, Pennsylvania's |
4 | longstanding tradition of local control of public education |
5 | allows communities to adapt their public school programs to |
6 | meet local needs. For these reasons, a robust program of |
7 | interdistrict school choice is a critical means of providing |
8 | families with increased educational options within the |
9 | traditional public school system. |
10 | (6) The accessibility to families of nonpublic |
11 | educational alternatives decreases the burden on the |
12 | Commonwealth and local school districts and increases the |
13 | range of educational choices available to Pennsylvania |
14 | families, thus providing a benefit to all citizens of this |
15 | Commonwealth. |
16 | (7) It is the long-term goal of the General Assembly to |
17 | offer assistance to all families in this Commonwealth, so as |
18 | to provide every child in this Commonwealth with diverse |
19 | educational opportunities and options. |
20 | (8) As an initial step toward the long-term goal of |
21 | offering assistance to all Pennsylvania families, this |
22 | subarticle provides assistance to disadvantaged school-age |
23 | children in this Commonwealth who would otherwise attend |
24 | persistently lowest achieving schools. |
25 | (9) Many disadvantaged school-age children in this |
26 | Commonwealth enjoy comparatively fewer educational |
27 | opportunities or options than school-age children who possess |
28 | greater economic means. |
29 | (10) The programs of educational choice provided in this |
30 | subarticle are elements of an overall program of providing |
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1 | funds to increase the availability of educational |
2 | opportunities for school-age children in this Commonwealth. |
3 | (11) A comparatively far greater proportion of public |
4 | funds are and, upon implementation of an educational choice |
5 | program, will continue to be devoted to the benefit of |
6 | children enrolled in the public schools of this Commonwealth. |
7 | Therefore, an opportunity scholarship program that offers |
8 | assistance to parents who choose to enroll their children in |
9 | participating nonpublic schools should be viewed as an |
10 | integral part of the Commonwealth's overall program of |
11 | educational funding and not as an isolated individual |
12 | program. |
13 | (12) A program of financial assistance to enhance |
14 | educational choice in this Commonwealth, as one element of |
15 | the Commonwealth's plan for the funding of diverse |
16 | educational opportunities for the citizens of this |
17 | Commonwealth, will better prepare Commonwealth citizens to |
18 | compete for employment opportunities, will foster development |
19 | of a more capable and better-educated work force and will |
20 | better enable the Commonwealth to fulfill its obligation of |
21 | providing children with the opportunity to receive a quality |
22 | education. |
23 | Section 2502-B. Definitions. |
24 | The following words and phrases when used in this subarticle |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Assessment." The Pennsylvania System of School Assessment |
28 | test, the Keystone Exam, an equivalent local assessment or |
29 | another test established by the State Board of Education to meet |
30 | the requirements of section 2603-B(d)(10)(i) and required under |
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1 | the No Child Left Behind Act of 2001 (Public Law 107-110, 115 |
2 | Stat. 1425) or its successor Federal statute or required to |
3 | achieve other standards established by the department for the |
4 | public school or school district under 22 Pa. Code § 403.3 |
5 | (relating to single accountability system). |
6 | "Average daily membership." A school district's average |
7 | daily membership as defined in section 2501(3). |
8 | "Board." The Education Opportunity Board established under |
9 | this subarticle. |
10 | "Department." The Department of Education of the |
11 | Commonwealth. |
12 | "Excess Scholarship Fund" or "Fund." The Excess Scholarship |
13 | Fund established in this subarticle. |
14 | "Federal poverty line." The official Federal poverty line as |
15 | defined in section 673(2) of Subtitle B of the Community |
16 | Services Block Grant Act (Public Law 97-35, 95 Stat. 511), as |
17 | adjusted from time to time. |
18 | "Fund." The Excess Scholarship Fund established in this |
19 | subarticle. |
20 | "Household income." Income as used for the purposes of |
21 | determining eligibility for a free lunch under the Richard B. |
22 | Russell National School Lunch Act (60 Stat. 230, 1751 et seq.). |
23 | "Kindergarten." A one-year formal kindergarten program that |
24 | occurs during the school year immediately prior to first grade. |
25 | "Local scholarship." A scholarship that is both: |
26 | (1) Funded by the local revenues of a low-income child's |
27 | resident school district in an amount equal to at least 35% |
28 | of the school district's share of its total revenue per |
29 | average daily membership. |
30 | (2) Applied toward the low-income child's tuition to |
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1 | attend a nonresident public school. |
2 | "Low-income child." A school-age child with a household |
3 | income that does not exceed 1.3 times the Federal poverty line |
4 | for the school year preceding the school year for which an |
5 | opportunity scholarship is to be distributed. |
6 | "Middle-income child." A school-age child with a household |
7 | income that does not exceed three times the Federal poverty line |
8 | for the school year immediately preceding the school year for |
9 | which an opportunity scholarship is to be distributed. |
10 | "Middle-income scholarship." A middle-income scholarship |
11 | awarded to a middle-income child under this subarticle to pay |
12 | tuition for the child to attend a nonresident public school or a |
13 | participating nonpublic school. |
14 | "Middle-income scholarship recipient." A middle-income child |
15 | who is awarded a middle-income scholarship under this |
16 | subarticle. |
17 | "Nonpublic school." A school, other than a public school, |
18 | located within this Commonwealth where a Commonwealth resident |
19 | may legally fulfill the compulsory school attendance |
20 | requirements of this act and that meets the applicable |
21 | requirements of Title VI of the Civil Rights Act of 1964 (Public |
22 | law 88-352, 78 Stat. 241). The term also includes a full-time or |
23 | part-time kindergarten program operated by a nonpublic school. |
24 | "Nonresident public school." A public school outside a |
25 | child's resident school district. |
26 | "Nonresident school district." A school district other than |
27 | the school district in which a school-age child resides. |
28 | "Nonresident student." A school-age child attending a public |
29 | school outside the child's resident school district. |
30 | "Opportunity scholarship." An opportunity scholarship |
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1 | awarded to a low-income child under this subarticle to pay |
2 | tuition for the child to attend a nonresident public school or a |
3 | participating nonpublic school. |
4 | "Opportunity scholarship program" or "program." The |
5 | opportunity scholarship program established under this |
6 | subarticle. |
7 | "Opportunity scholarship recipient." A low-income child who |
8 | is awarded an opportunity scholarship under this subarticle. |
9 | "Parent." A Commonwealth resident who is a parent or |
10 | guardian of a school-age child. |
11 | "Participating nonpublic school." A nonpublic school located |
12 | in this Commonwealth and offering a program of instruction for |
13 | kindergarten through 12th grade, or a combination of grades, |
14 | that certifies to the board under section 2505-B that it meets |
15 | the following criteria: |
16 | (1) the nonpublic school is a nonprofit entity that is |
17 | exempt from Federal taxation under section 501(c)(3) of the |
18 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
19 | 1 et seq.); |
20 | (2) the nonpublic school does not discriminate in its |
21 | admission policies or practices for opportunity scholarship |
22 | applicants on the basis of measures of achievement or |
23 | aptitude or status as a handicapped person, provided, |
24 | however, that an applicant may be required to meet |
25 | established eligibility criteria for participation in magnet |
26 | schools or in schools with specialized academic missions; and |
27 | (3) the nonpublic school is in full compliance with all |
28 | Federal and State laws applicable to nonpublic schools on the |
29 | date prior to the effective date of this section. |
30 | "Persistently lowest achieving school." A public elementary |
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1 | or secondary school within this Commonwealth that is among the |
2 | lowest performing 5% of schools. To determine the lowest |
3 | performing 5% of schools, the department shall: |
4 | (1) consider all public schools in this Commonwealth, |
5 | with the exception of charter schools, cyber charter schools, |
6 | area vocational-technical schools, schools that do not draw |
7 | their student body from a particular attendance boundary and |
8 | schools with specialized academic programs with specific |
9 | admissions criteria; |
10 | (2) exclude schools that have made adequate yearly |
11 | progress or were determined to be making progress for at |
12 | least one of the two most recent school years or that have |
13 | not been measured for adequate yearly progress in one of the |
14 | two most recent school years; |
15 | (3) rank all remaining schools based upon their |
16 | performance on the most recent assessment for which data is |
17 | posted on the department's publicly accessible Internet |
18 | website; and |
19 | (4) include the lowest-performing 144 schools ranked |
20 | under paragraph (3) on a list of persistently lowest- |
21 | achieving schools. |
22 | "Resident school district." The school district in which a |
23 | school-age child resides. |
24 | "School-age child." A child enrolling in kindergarten or in |
25 | grades 1 through 12. |
26 | "Student with a disability." A school-age child who has been |
27 | identified, in accordance with 22 Pa. Code Ch. 14 (relating to |
28 | special education services and programs), as a "child with a |
29 | disability," as defined in 34 CFR § 300.8 (relating to a child |
30 | with a disability). |
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1 | "Total revenue per average daily membership." A school |
2 | district's total revenue per average daily membership minus the |
3 | amount of reimbursement to the school district for pupil |
4 | transportation under sections 2509.3 and 2541. |
5 | Section 2503-B. Opportunity scholarship program. |
6 | (a) Establishment.--Beginning with the 2011-2012 school |
7 | year, the opportunity scholarship program shall be established |
8 | to provide scholarships to help low-income children pay tuition |
9 | to attend a nonresident public school or a participating |
10 | nonpublic school. |
11 | (b) Phase-in.--The opportunity scholarship program shall be |
12 | phased in as follows: |
13 | (1) During the 2011-2012 school year, the opportunity |
14 | scholarship program shall be available to low-income children |
15 | who satisfy both of the following: |
16 | (i) Either attended a persistently lowest achieving |
17 | school during the 2010-2011 school year or will be a |
18 | kindergarten student during the 2011-2012 school year. |
19 | (ii) Will reside within the attendance boundary of a |
20 | persistently lowest achieving school as of the first day |
21 | of classes of the 2011-2012 school year. |
22 | (2) During the 2012-2013 school year, the opportunity |
23 | scholarship program shall be available to low-income children |
24 | who qualified for the program for the 2011-2012 school year |
25 | under paragraph (1) and to low-income children who will |
26 | reside within the attendance boundary of a persistently |
27 | lowest achieving school as of the first day of classes of the |
28 | 2012-2013 school year. |
29 | (3) (i) During the 2013-2014 school year and each |
30 | school year thereafter, the opportunity scholarship |
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1 | program shall be available to all low-income children |
2 | residing in this Commonwealth, provided that the |
3 | aggregate amount of all opportunity scholarships awarded |
4 | for the 2013-2014 school year and for each school year |
5 | thereafter to low-income children who do not reside |
6 | within the attendance boundary of a persistently lowest |
7 | achieving school as of the first day of classes of the |
8 | school year shall not exceed $250,000,000. |
9 | (ii) Nothing in this paragraph shall be construed to |
10 | limit the amount of opportunity scholarships awarded to |
11 | low-income children who were eligible for opportunity |
12 | scholarships in the 2011-2012 and 2012-2013 school years |
13 | or who reside within the attendance boundary of a |
14 | persistently lowest achieving school as of the first day |
15 | of classes of a school year. |
16 | (c) List of persistently lowest achieving schools to be |
17 | published.--By April 1, 2011, and by February 1 of each year |
18 | thereafter, the department shall publish on the department's |
19 | publicly accessible Internet website and in the Pennsylvania |
20 | Bulletin a list of persistently lowest achieving schools that |
21 | will be in effect for purposes of this subarticle for the |
22 | following school year. The department shall publish the list |
23 | based upon the most recent school year for which data is |
24 | available. |
25 | (d) Notice.-- |
26 | (1) For each school year, by a date established by the |
27 | board, each school district in this Commonwealth shall post |
28 | on its publicly accessible Internet website notice of the |
29 | following: |
30 | (i) A description of the opportunity scholarship |
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1 | program. |
2 | (ii) Instructions for applying for an opportunity |
3 | scholarship. |
4 | (iii) Instructions for applying for a local |
5 | scholarship where the school district has elected to |
6 | provide a local scholarship under section 2504-B(b). |
7 | (iv) A statement as to whether any schools in the |
8 | school district have been designated by the department as |
9 | persistently lowest achieving schools. |
10 | (v) Notice that a parent must contact directly the |
11 | nonresident public school or participating nonpublic |
12 | school in which the parent's child seeks to enroll for |
13 | application instructions. |
14 | (2) The notice shall be in a form provided by the board. |
15 | Section 2504-B. Opportunity scholarship to attend a nonresident |
16 | public school. |
17 | (a) Eligibility.--A low-income child who is eligible to |
18 | participate in the opportunity scholarship program may receive |
19 | an opportunity scholarship to pay tuition to attend a |
20 | nonresident public school that accepts a child's enrollment |
21 | application under subsection (d). |
22 | (b) Local scholarship.--A school district may elect to |
23 | provide a local scholarship to low-income children residing |
24 | within the school district to pay tuition to attend a |
25 | nonresident public school that accepts a child's enrollment |
26 | application under subsection (d). A school district that elects |
27 | to provide a local scholarship shall: |
28 | (1) By a date established by the board, notify all |
29 | residents of the school district of the availability and |
30 | amount of the local scholarship for the following school year |
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1 | and the process by which a low-income child may apply to the |
2 | board to receive the opportunity and local scholarships. The |
3 | school district shall post the notice on the school |
4 | district's publicly accessible Internet website. The notice |
5 | may be incorporated into the notice the school district is |
6 | required to provide under section 2503-B(d). |
7 | (2) By a date established by the board, notify the board |
8 | of the availability and amount of the local scholarship for |
9 | the following school year. |
10 | (3) When directed to do so by the board, pay to the |
11 | board the local scholarship for each low-income child |
12 | residing in the district who the board determines to be |
13 | eligible for the local scholarship and who the board confirms |
14 | has enrolled in a nonresident public school. |
15 | (4) Comply with all guidelines developed by the board |
16 | under section 2509-B. |
17 | (c) Application for opportunity and local scholarships.-- |
18 | (1) By a date established by the board and pursuant to |
19 | guidelines developed by the board under section 2509-B, the |
20 | parent of a low-income child may apply to the board: |
21 | (i) For an opportunity scholarship for the following |
22 | school year. |
23 | (ii) For a local scholarship for the following |
24 | school year, where the low-income child's resident school |
25 | district has elected to provide a local scholarship under |
26 | subsection (b). |
27 | (2) By a date established by the board, the board shall |
28 | notify parents whether the scholarships for which the student |
29 | applied will be awarded for the following school year. |
30 | (d) Application for enrollment in a nonresident public |
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1 | school.-- |
2 | (1) By a date established by the board, the parent of a |
3 | low-income child who has been awarded a scholarship under |
4 | subsection (c) may apply to one or more nonresident public |
5 | schools for enrollment of the child for the following school |
6 | year. The application shall be on a form provided by the |
7 | nonresident school district. |
8 | (2) (i) By a date established by the board, the |
9 | nonresident school district shall provide written notice |
10 | to the parent and the board as to whether the child will |
11 | be offered enrollment in the requested nonresident public |
12 | school for the following school year. |
13 | (ii) By a date established by the board, the parent |
14 | must provide written notice to the board, the resident |
15 | school district and the nonresident school district |
16 | whether the offer of enrollment will be accepted. |
17 | (iii) By a date established by the board, the board |
18 | shall provide the resident school district and the |
19 | nonresident school district with written confirmation of |
20 | the opportunity scholarship recipient's enrollment in the |
21 | nonresident school district. |
22 | (iv) If the child is not enrolled in a nonresident |
23 | public school, the child's resident school district shall |
24 | determine the public school within the resident school |
25 | district to which the child will be assigned. |
26 | (3) Each school district shall develop guidelines |
27 | setting forth the terms and conditions under which it will |
28 | enroll nonresident students receiving opportunity and local |
29 | scholarships and shall develop an enrollment application form |
30 | and process. If a school district determines to enroll |
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1 | nonresident students receiving opportunity and local |
2 | scholarships, the school district must enroll such |
3 | nonresident students on a random basis from a pool of |
4 | applicants who meet the application deadline established by |
5 | the board, provided that: |
6 | (i) the nonresident student's enrollment in the |
7 | nonresident school district would not place either the |
8 | nonresident school district or the resident school |
9 | district in violation of a valid and binding |
10 | desegregation order; |
11 | (ii) the nonresident student has not been expelled |
12 | nor is the nonresident student in the process of being |
13 | expelled under section 1317.2 or 1318 and applicable |
14 | regulations of the State Board of Education; |
15 | (iii) the nonresident student has not been recruited |
16 | by the school district or its representatives for |
17 | athletic purposes; or |
18 | (iv) the nonresident student meets the established |
19 | eligibility criteria for participation in a magnet school |
20 | or in a public school with a specialized academic |
21 | mission. |
22 | (4) A nonresident school district may give priority in |
23 | enrollment to a nonresident student who has been awarded a |
24 | local scholarship. |
25 | (e) Commonwealth payments.--The Commonwealth shall make |
26 | payment pursuant to the schedule contained in section 2517 to |
27 | each school district or area vocational-technical school that |
28 | accepts a nonresident student under the provisions of this |
29 | subarticle subject to the following terms and conditions: |
30 | (1) The Commonwealth shall pay to each school district |
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1 | or area vocational-technical school that accepts a |
2 | nonresident student, on a tuition basis, the amount |
3 | determined under section 2506-B. |
4 | (2) (i) For a nonresident student who is an opportunity |
5 | scholarship recipient and defined as a "student with a |
6 | disability," services provided to the opportunity |
7 | scholarship recipient shall be charged against the |
8 | Commonwealth's special education subsidy to the resident |
9 | school district, provided that the resident school |
10 | district shall not be charged more for services provided |
11 | to the opportunity scholarship recipient by the |
12 | nonresident school district than the difference between |
13 | the current year cost of the services had the opportunity |
14 | scholarship recipient remained in the resident school |
15 | district and the sum of the opportunity scholarship, the |
16 | local scholarship and the per pupil special education |
17 | funding following the opportunity scholarship recipient. |
18 | (ii) The resident school district shall provide the |
19 | board with documentation of the prior year's cost of |
20 | services provided to the opportunity scholarship |
21 | recipient and an estimate of the cost of providing those |
22 | services in the current year had the opportunity |
23 | scholarship recipient remained in the resident school |
24 | district. Any cost not covered by this funding shall be |
25 | borne by the nonresident school district enrolling the |
26 | opportunity scholarship recipient. |
27 | (3) An opportunity scholarship recipient shall be |
28 | included in the average daily membership of the opportunity |
29 | scholarship recipient's resident school district. |
30 | (4) In the event an opportunity scholarship recipient |
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1 | withdraws from a nonresident school district prior to the |
2 | completion of the school year, the following shall apply: |
3 | (i) The nonresident school district shall, within 15 |
4 | days of the opportunity scholarship recipient's |
5 | withdrawal from the nonresident school district, provide |
6 | the board with written notice of the opportunity |
7 | scholarship recipient's withdrawal from the nonresident |
8 | school district. |
9 | (ii) The resident school district, nonresident |
10 | school district or participating nonpublic school in |
11 | which the opportunity scholarship recipient subsequently |
12 | enrolls shall notify the board within five days of the |
13 | opportunity scholarship recipient's enrollment. |
14 | (iii) Within 30 days after receiving the notice |
15 | required under subparagraph (ii), the board shall do the |
16 | following: |
17 | (A) If the opportunity scholarship recipient |
18 | enrolls in the resident school district or a |
19 | nonresident school district, pay the resident school |
20 | district or nonresident school district the full |
21 | amount of the opportunity scholarship payment reduced |
22 | on a pro rata basis for the portion of the school |
23 | year in which the opportunity scholarship recipient |
24 | was enrolled in another school. |
25 | (B) If the opportunity scholarship recipient |
26 | enrolls in a participating nonpublic school, pay the |
27 | opportunity scholarship recipient's parent the full |
28 | amount of the opportunity scholarship payment reduced |
29 | on a pro rata basis for the portion of the school |
30 | year in which the opportunity scholarship recipient |
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1 | was enrolled in another school. Such payment shall be |
2 | made to the parents of the opportunity scholarship |
3 | recipient pursuant to the provisions of section |
4 | 2505-B(b). |
5 | (f) Limitation.--The tuition charged by a nonresident school |
6 | district to an opportunity scholarship recipient under this |
7 | subarticle shall not exceed the sum of the opportunity |
8 | scholarship and the local scholarship, if applicable, awarded to |
9 | the opportunity scholarship recipient. |
10 | (g) Transportation.-- |
11 | (1) Notwithstanding any provisions of section 1361 to |
12 | the contrary, a school district that provides its resident |
13 | public school pupils with transportation to and from the |
14 | resident public schools or to and from any points within or |
15 | without this Commonwealth in order to provide field trips |
16 | under section 1361 shall provide a student who resides within |
17 | the school district but regularly attends a nonresident |
18 | public school, including a charter school, that is located |
19 | not more than ten miles from the student's resident school |
20 | district by the nearest public highway, with transportation |
21 | to and from such nonresident public school or to and from any |
22 | points within or without this Commonwealth in order to |
23 | provide field trips under section 1361. |
24 | (2) Transportation of a student under this subsection |
25 | shall be subject to reimbursement under section 2541. |
26 | Section 2505-B. Opportunity scholarship to attend a |
27 | participating nonpublic school. |
28 | (a) Eligibility.--The parent of a low-income child who is |
29 | eligible to receive an opportunity scholarship under section |
30 | 2503-B and desires to apply for an opportunity scholarship to |
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1 | attend a participating nonpublic school must: |
2 | (1) By a date established by the board, apply to the |
3 | board for an opportunity scholarship for the following school |
4 | year pursuant to guidelines developed by the board under |
5 | section 2509-B. By a date established by the board, the board |
6 | shall notify parents whether the opportunity scholarship will |
7 | be awarded for the following school year. |
8 | (2) Apply for enrollment directly to the participating |
9 | nonpublic school pursuant to application procedures developed |
10 | by the participating nonpublic school. By a date established |
11 | by the board, a participating nonpublic school shall provide |
12 | written confirmation to the board of each opportunity |
13 | scholarship recipient whose application for enrollment has |
14 | been accepted for the following school year. By a date |
15 | established by the board, the board shall provide the |
16 | opportunity scholarship recipient's resident school district |
17 | with written confirmation of the opportunity scholarship |
18 | recipient's enrollment in the participating nonpublic school. |
19 | (b) Payment of opportunity scholarship awards.--The |
20 | Commonwealth shall provide payment of an opportunity scholarship |
21 | to the parents of each opportunity scholarship recipient who is |
22 | enrolled in a participating nonpublic school under the |
23 | provisions of this subarticle subject to the following terms and |
24 | conditions: |
25 | (1) Opportunity scholarships shall be awarded only for |
26 | the payment of costs of tuition at a participating nonpublic |
27 | school within this Commonwealth. Opportunity scholarships |
28 | shall not be awarded for enrollment in a home education |
29 | program provided under section 1327.1. |
30 | (2) Opportunity scholarships shall be paid to the |
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1 | parents of an opportunity scholarship recipient upon the |
2 | board's receipt of written confirmation of enrollment from |
3 | the participating nonpublic school selected by the recipient. |
4 | The opportunity scholarship award shall be paid by check |
5 | which may be endorsed by the parents only for payment of |
6 | tuition at the participating nonpublic school at which the |
7 | opportunity scholarship recipient's enrollment has been |
8 | confirmed. |
9 | (3) In the event an opportunity scholarship recipient |
10 | withdraws from a participating nonpublic school prior to the |
11 | completion of the school year, the following shall apply: |
12 | (i) The participating nonpublic school shall, within |
13 | 15 days of the opportunity scholarship recipient's |
14 | withdrawal from the participating nonpublic school: |
15 | (A) Provide the board with written notice of the |
16 | opportunity scholarship recipient's withdrawal from |
17 | the participating nonpublic school. |
18 | (B) Return to the board the full amount of the |
19 | opportunity scholarship payment reduced on a pro rata |
20 | basis by the tuition for the portion of the school |
21 | year in which the opportunity scholarship recipient |
22 | was enrolled. |
23 | (ii) If the participating nonpublic school fails to |
24 | submit to the board the amount required to be paid under |
25 | subparagraph (i), the board shall impose interest on the |
26 | unpaid amount, calculated from the due date at the rate |
27 | determined by the Secretary of Revenue for interest |
28 | payments on overdue taxes or the refund of taxes as |
29 | provided in sections 806 and 806.1 of the act of April 9, |
30 | 1929 (P.L.343, No.176), known as The Fiscal Code. |
|
1 | (iii) If the opportunity scholarship recipient |
2 | enrolls in another participating nonpublic school within |
3 | the school year for which the opportunity scholarship was |
4 | awarded, the board shall pay the parent of the |
5 | opportunity scholarship recipient the opportunity |
6 | scholarship award prorated for the remaining portion of |
7 | the school year. |
8 | (4) In the event an opportunity scholarship recipient is |
9 | expelled from a participating nonpublic school prior to the |
10 | completion of the school year and the opportunity scholarship |
11 | recipient subsequently enrolls in his resident school |
12 | district, the board shall pay the resident school district |
13 | the opportunity scholarship award prorated for the remaining |
14 | portion of the school year. The resident school district |
15 | shall apply this amount toward providing educational services |
16 | for the opportunity scholarship recipient, which may include, |
17 | but shall not be limited to, an alternative assignment or |
18 | alternative education services. |
19 | (b.1) Penalties.-- |
20 | (1) Each opportunity scholarship check issued under this |
21 | section shall contain the following statement: |
22 | "Failure to endorse this check as directed by the |
23 | board may subject the endorser to civil penalties and |
24 | criminal prosecution." |
25 | (2) A parent's endorsement or use of an opportunity |
26 | scholarship check in a manner other than as directed by the |
27 | department may subject the parent to the following penalties: |
28 | (i) A civil penalty equal to 300% of the full amount |
29 | of the annual opportunity scholarship award made to the |
30 | parent. |
|
1 | (ii) Disqualification from future eligibility for an |
2 | opportunity scholarship. |
3 | (iii) Criminal prosecution. |
4 | (c) Enrollment requirements.--The following shall apply to a |
5 | participating nonpublic school which admits an opportunity |
6 | scholarship recipient: |
7 | (1) The participating nonpublic school shall not |
8 | discriminate on any basis that is illegal under Federal or |
9 | State laws applicable to nonpublic schools on the date prior |
10 | to the effective date of this section. |
11 | (2) The participating nonpublic school shall comply with |
12 | section 1521, which prohibits discrimination in enrollment on |
13 | the basis of race or color. |
14 | (3) The participating nonpublic school may not recruit |
15 | any public school student to enroll for athletic purposes. |
16 | (4) For each school year, by a date established by the |
17 | board, a nonpublic school that desires to enroll opportunity |
18 | scholarship recipients under this subarticle shall certify to |
19 | the board that it satisfies the definition of "participating |
20 | nonpublic school" in section 2502-B. Such certification shall |
21 | be on a form developed by the board. |
22 | (d) Policies.--Upon request, a participating nonpublic |
23 | school shall make available for review by the parents of any |
24 | opportunity scholarship recipient seeking enrollment, its |
25 | written school policies and procedures related to tuition |
26 | charges, admissions, academic offerings and requirements, |
27 | discipline, religious instruction, parent involvement, |
28 | standardized testing, the release of results of standardized |
29 | tests administered by the participating nonpublic school and |
30 | extracurricular activities and suspension and expulsion of |
|
1 | students, including educational accommodations and counseling |
2 | offered to students and parents. |
3 | (e) Assessments.-- |
4 | (1) (i) Each participating nonpublic school shall |
5 | administer annually an assessment or a nationally normed |
6 | standardized achievement test in reading/language arts |
7 | and mathematics to each opportunity scholarship recipient |
8 | attending the participating nonpublic school in grades 3, |
9 | 5, 8 and 11. |
10 | (ii) To comply with this paragraph, a participating |
11 | nonpublic school may either administer an assessment or |
12 | administer a nationally normed standardized achievement |
13 | test chosen by the participating nonpublic school from a |
14 | list established under paragraph (2). |
15 | (2) The board shall establish a list of at least eight |
16 | nationally normed standardized achievement tests from which |
17 | the participating nonpublic school shall select a test to be |
18 | administered if the participating nonpublic school does not |
19 | choose to administer an assessment. |
20 | (3) Each participating nonpublic school shall: |
21 | (i) Release each opportunity scholarship recipient's |
22 | individual results on the assessment or nationally normed |
23 | standardized achievement test administered to opportunity |
24 | scholarship recipients under paragraph (1) to the parent |
25 | of the opportunity scholarship recipient. |
26 | (ii) If the participating nonpublic school has a |
27 | publicly accessible Internet website, post on the website |
28 | the participating nonpublic school's aggregate results on |
29 | the assessment or nationally normed standardized |
30 | achievement test administered to opportunity scholarship |
|
1 | recipients under paragraph (1), provided that the |
2 | participating nonpublic school shall not post results |
3 | that reveal the identity of any individual student. |
4 | (4) The participating nonpublic school shall bear the |
5 | cost of the testing administered under this subsection and |
6 | shall not impose an assessment or testing fee on an |
7 | opportunity scholarship recipient. |
8 | (f) Construction.--Nothing in this subarticle shall be |
9 | construed to: |
10 | (1) Prohibit a participating nonpublic school from |
11 | limiting admission to a particular grade level, a single |
12 | gender or to areas of concentration of the participating |
13 | nonpublic school, including, but not limited to, mathematics, |
14 | science and the arts. |
15 | (2) Empower the Commonwealth or any of its agencies or |
16 | officers or political subdivisions to impose any additional |
17 | requirements on any participating nonpublic school which are |
18 | not otherwise authorized under the laws of this Commonwealth |
19 | or to require any participating nonpublic school to enroll |
20 | any opportunity scholarship recipient if the participating |
21 | nonpublic school does not offer appropriate programs or is |
22 | not structured or equipped with the necessary facilities to |
23 | meet the special needs of the opportunity scholarship |
24 | recipient or does not offer a particular program requested. |
25 | Section 2506-B. Amount of opportunity scholarship. |
26 | (a) Calculation.-- |
27 | (1) The amount of the opportunity scholarship shall |
28 | equal 100% of the Commonwealth's share of the resident school |
29 | district's total revenue per average daily membership of the |
30 | prior school year. |
|
1 | (2) In no case shall the combined amount of the |
2 | opportunity scholarship award and any additional financial |
3 | assistance provided by a participating nonpublic school |
4 | exceed the tuition rate for the participating nonpublic |
5 | school. |
6 | (b) Limitation.--No nonresident public school or |
7 | participating nonpublic school may charge an opportunity |
8 | scholarship recipient a higher tuition rate than the rate the |
9 | nonresident public school or participating nonpublic school |
10 | would have charged to a student who had not received an |
11 | opportunity scholarship. |
12 | (c) Excess Scholarship Fund.-- |
13 | (1) The Excess Scholarship Fund is established in the |
14 | State Treasury and shall be funded by the amount of the |
15 | opportunity scholarship awarded to an opportunity scholarship |
16 | recipient under this subarticle in excess of the amount of |
17 | tuition charged to the opportunity scholarship recipient. |
18 | (2) The fund shall be administered by the board and |
19 | applied as follows: |
20 | (i) During the 2012-2013 school year and each school |
21 | year thereafter, money in the fund shall be applied |
22 | toward the costs of the opportunity scholarship program, |
23 | subject to subparagraph (ii). |
24 | (ii) During the 2014-2015 school year and each |
25 | school year thereafter, one-half of the money in the fund |
26 | shall be applied toward costs of the following programs: |
27 | (A) One-half of the money under this |
28 | subparagraph shall be applied to the public school |
29 | demonstration grant program. Any unused grant funding |
30 | shall be added to the total amount of funds available |
|
1 | for the middle-income scholarship program. |
2 | (B) One-half of the money under this |
3 | subparagraph shall be applied toward the costs of the |
4 | middle-income scholarship program. |
5 | (d) Annual appropriations.-- |
6 | (1) Opportunity scholarships authorized under this |
7 | subarticle shall be made from annual appropriations made by |
8 | the General Assembly to the department and moneys available |
9 | in the fund for that purpose. |
10 | (2) Subject to section 2503-B(b)(3), in the event that |
11 | insufficient moneys are available in any fiscal year to |
12 | provide opportunity scholarships to all eligible opportunity |
13 | scholarship recipients in the amount authorized, the board |
14 | shall make pro rata reductions in the amount of the |
15 | opportunity scholarship provided to each opportunity |
16 | scholarship recipient. |
17 | (3) The total amount of opportunity scholarships |
18 | provided in any fiscal year shall be limited to the amount of |
19 | money appropriated for that fiscal year and moneys in the |
20 | fund. |
21 | (e) Nontaxable.--Opportunity scholarship funds received by a |
22 | parent pursuant to this subarticle shall not be considered |
23 | taxable income for purposes of any local taxing ordinance or for |
24 | purposes of Article III of the act of March 4, 1971 (P.L.6, |
25 | No.2), known as the Tax Reform Code of 1971, nor shall such |
26 | opportunity scholarships constitute financial assistance or |
27 | appropriations to the participating nonpublic school attended by |
28 | the opportunity scholarship recipient. |
29 | (f) Continued eligibility.-- |
30 | (1) Subject to subsection (d), a child enrolled in a |
|
1 | nonresident public school or a participating nonpublic school |
2 | who received an opportunity scholarship under this subarticle |
3 | in the prior school year shall receive an opportunity |
4 | scholarship in each school year of enrollment under the |
5 | opportunity scholarship program, provided that the child |
6 | remains eligible. |
7 | (2) (i) If a child who received an opportunity |
8 | scholarship under this subarticle in the prior school |
9 | year ceases to qualify as a low-income child, the child |
10 | shall continue to receive a partial scholarship until |
11 | completing the eighth grade, provided that the child |
12 | continues to meet all other eligibility requirements. |
13 | (ii) In calculating the amount of the partial |
14 | scholarship, the board shall make a pro rata reduction in |
15 | the child's opportunity scholarship award based upon the |
16 | child's household income. |
17 | (g) Penalties.--Any person who fraudulently submits an |
18 | opportunity or local scholarship application or who knowingly |
19 | falsifies material information on an opportunity or local |
20 | scholarship application shall be subject to the following |
21 | penalties: |
22 | (1) Imposition by the board of a civil penalty of up to |
23 | $1,000. |
24 | (2) Prosecution for violation of 18 Pa.C.S. § 4904 |
25 | (relating to unsworn falsification to authorities). |
26 | (3) Disqualification from future participation in the |
27 | opportunity scholarship program. |
28 | (h) Residence in more than one school district within a |
29 | school year.--Where an opportunity scholarship recipient resides |
30 | within more than one school district during a school year, the |
|
1 | amount of the opportunity scholarship shall be charged against |
2 | each resident school district on a pro rata basis. |
3 | Section 2507-B. Guidelines. |
4 | (a) Requirements.--Within 30 days of the effective date of |
5 | this section, the board shall establish guidelines that provide |
6 | the following: |
7 | (1) Forms to apply for opportunity and local |
8 | scholarships, including application and approval processes |
9 | and deadlines for application and notification. |
10 | (2) Procedures to verify the accuracy of the information |
11 | provided in an opportunity or local scholarship application. |
12 | (3) Procedures for school district, school and parent |
13 | notification of opportunity or local scholarship awards. |
14 | (4) Procedures for administration of the opportunity and |
15 | local scholarship programs. |
16 | (5) Confirmation of school enrollment by opportunity |
17 | scholarship recipients. |
18 | (6) Procedures for making payment of opportunity |
19 | scholarship awards, including policies and procedures to |
20 | minimize the likelihood of fraud or misuse of opportunity |
21 | scholarship funds. For an opportunity scholarship recipient |
22 | enrolled in a participating nonpublic school, the procedures |
23 | shall include restrictive endorsement of opportunity |
24 | scholarship award checks to the participating nonpublic |
25 | school in which the opportunity scholarship recipient is |
26 | enrolled. |
27 | (7) Procedures for participating nonpublic schools to |
28 | pay pro rata refunds of opportunity scholarships to the board |
29 | when an opportunity scholarship recipient withdraws from a |
30 | participating nonpublic school during the school year for |
|
1 | which the opportunity scholarship was paid. |
2 | (8) Development and distribution of public information |
3 | concerning the opportunity and local scholarship and |
4 | interdistrict enrollment programs. |
5 | (9) Procedures to determine the eligibility of homeless |
6 | students for opportunity scholarships under this subarticle, |
7 | consistent with the Stewart B. McKinney Homeless Assistance |
8 | Act (Public Law 100-77, 101 Stat. 482) or a successor Federal |
9 | statute. |
10 | (10) Deadline dates for actions required to be taken by |
11 | the board, the department, school districts, participating |
12 | nonpublic schools and parents under this subarticle. |
13 | (11) Such other procedures as are necessary to fully |
14 | implement the opportunity and local scholarship and |
15 | interdistrict enrollment programs. |
16 | (12) A list of at least eight nationally normed |
17 | standardized achievement tests from which a participating |
18 | nonpublic school may select a test to be administered |
19 | pursuant to section 2505-B(e). The initial list developed by |
20 | the board shall, at a minimum, include the following: |
21 | California Achievement Test, Comprehensive Testing Program |
22 | (CTPIV), Iowa Test of Basic Skills, Metropolitan Achievement |
23 | Test, Peabody Achievement Individual Test - Revised Version, |
24 | Stanford Achievement Test, Terra Nova and Woodcock Johnson |
25 | Revised Tests of Achievement III. |
26 | (b) Publication.--The guidelines shall be published as a |
27 | statement of policy in the Pennsylvania Bulletin. The board |
28 | shall post the guidelines on the department's publicly |
29 | accessible Internet website. |
30 | (c) State Board of Education.--Notwithstanding any other |
|
1 | provision of law to the contrary, the programs, procedures and |
2 | guidelines authorized by this subarticle shall not be subject to |
3 | review, regulation or approval by the State Board of Education. |
4 | (d) Exemption of guidelines from certain laws.--The initial |
5 | guidelines established by the board, and any amendments thereto, |
6 | shall be exempt from the requirements of the following: |
7 | (1) The act of June 25, 1982 (P.L.633, No.181), known as |
8 | the Regulatory Review Act. |
9 | (2) The act of July 31, 1968 (P.L.769, No.240), referred |
10 | to as the Commonwealth Documents Law. |
11 | (3) The act of October 15, 1980 (P.L.950, No.164), known |
12 | as the Commonwealth Attorneys Act. |
13 | Section 2508-B. Reduction in amount of school aid. |
14 | Notwithstanding any other provision of law to the contrary, |
15 | beginning in the second consecutive school year of enrollment in |
16 | a nonresident public school or a participating nonpublic school |
17 | by an opportunity scholarship recipient who was enrolled in the |
18 | recipient's resident school district or in a charter school or |
19 | cyber charter school when the recipient first received an |
20 | opportunity scholarship under this subarticle, the amount of |
21 | Commonwealth basic education funding paid by the department to |
22 | the resident school district shall be reduced by an amount equal |
23 | to the Commonwealth's share of the school district's total |
24 | revenue per average daily membership. |
25 | Section 2509-B. Education Opportunity Board. |
26 | (a) Establishment.--An independent board to be known as the |
27 | Education Opportunity Board is established within the |
28 | department. The board shall consist of three members appointed |
29 | by the Governor with the advice and consent of a majority of the |
30 | members elected to the Senate. The Governor may appoint no more |
|
1 | than two members to the board who are members of the same |
2 | political party as the Governor. |
3 | (b) Terms of members.--Members of the board shall serve a |
4 | term of four years. Vacancies shall be filled for an unexpired |
5 | term in the same manner as original appointments. Members shall |
6 | continue to serve after the expiration of their term until the |
7 | Governor appoints a replacement who is confirmed by a majority |
8 | of the members elected to the Senate. All members of the board |
9 | must be residents of this Commonwealth. |
10 | (c) Chairperson.--The Governor shall annually select a |
11 | chairperson from among the membership of the board. |
12 | (d) Meetings.--Meetings shall be held at the call of the |
13 | chairperson or upon request in writing of a majority of the |
14 | board. A majority shall constitute a quorum and a majority of |
15 | such quorum shall have the authority to act upon any matter |
16 | properly before the board unless otherwise specified in this |
17 | subarticle. |
18 | (e) Compensation prohibited.--Members of the board shall |
19 | receive no compensation for their services but shall be |
20 | reimbursed for their actual and necessary expenses incurred in |
21 | the performance of their official board duties. |
22 | (f) Executive director and staff.-- |
23 | (1) There shall be an executive director of the board |
24 | who shall serve as the executive officer and secretary of the |
25 | board. The board shall employ and fix the reasonable |
26 | compensation of the executive director. |
27 | (2) The executive director, with approval of the board, |
28 | may employ additional professional and clerical personnel as |
29 | may be necessary to carry out the duties and responsibilities |
30 | of the board. |
|
1 | (3) The department shall provide adequate funding, space |
2 | and equipment to facilitate the activities of the board. |
3 | (g) Legal advice and assistance.--The Governor, through his |
4 | General Counsel, shall provide such legal advice and assistance |
5 | as the board may require. |
6 | (h) Powers and duties.--The board shall have the following |
7 | powers and duties: |
8 | (1) Establish guidelines for the administration of the |
9 | opportunity and local scholarship programs as required under |
10 | section 2507-B. |
11 | (2) Administer the opportunity and local scholarship |
12 | application and approval processes. |
13 | (3) Develop the opportunity and local scholarship |
14 | application form and any other forms necessary to administer |
15 | the opportunity and local scholarship programs, including the |
16 | notice required to be provided by school districts under |
17 | section 2503-B(d). |
18 | (4) Review and verify the income and residence of |
19 | opportunity and local scholarship applicants. |
20 | (5) Announce the award of opportunity and local |
21 | scholarships for the following school year under sections |
22 | 2504-B(c) and 2505-B(a). |
23 | (6) Confirm the enrollment of opportunity scholarship |
24 | recipients in nonresident public schools and participating |
25 | nonpublic schools and allocate opportunity scholarship funds |
26 | to opportunity scholarship recipients. |
27 | (7) Make payment of opportunity scholarship awards as |
28 | provided in sections 2504-B and 2505-B. |
29 | (8) Notify school districts that elect to create a local |
30 | scholarship when payment must be made under section 2504- |
|
1 | B(b). |
2 | (9) Beginning after the first school year of |
3 | implementation of the opportunity scholarship program, |
4 | prepare a report to be submitted to the Governor and the |
5 | General Assembly by December 1 of each year, made available |
6 | to the parents of opportunity scholarship recipients and |
7 | placed on the department's publicly accessible Internet |
8 | website that includes at least the following information for |
9 | the prior school year: |
10 | (i) The total number of opportunity scholarships |
11 | requested. |
12 | (ii) The total number and total dollar amount of |
13 | opportunity scholarships awarded, in total and |
14 | disaggregated by: |
15 | (A) Whether the opportunity scholarship |
16 | recipient attends a nonresident public school or a |
17 | participating nonpublic school. |
18 | (B) Grade level of the opportunity scholarship |
19 | recipient. |
20 | (C) Whether the opportunity scholarship |
21 | recipient resides in a school district with at least |
22 | one persistently lowest achieving school. |
23 | (iii) The administrative costs of the opportunity |
24 | scholarship program. |
25 | (iv) A listing of nonresident public schools to |
26 | which opportunity scholarship funds were disbursed on |
27 | behalf of opportunity scholarship recipients and the |
28 | amount disbursed to each nonresident public school. |
29 | (v) A listing of participating nonpublic schools in |
30 | which opportunity scholarship recipients enrolled and the |
|
1 | number of opportunity scholarship recipients who enrolled |
2 | in each participating nonpublic school. |
3 | (vi) The total number and total dollar amount of |
4 | local scholarships awarded, disaggregated by the resident |
5 | school districts that made the local scholarship awards. |
6 | (10) For the 2014-2015 school year and each school year |
7 | thereafter, administer and announce the award of public |
8 | school choice demonstration grants to eligible school |
9 | districts as provided under section 2513-B, and annually |
10 | redistribute any remaining funds from the public school |
11 | choice demonstration grants program to the middle-income |
12 | scholarship program. |
13 | (11) For the 2014-2015 school year and each school year |
14 | thereafter, administer the middle-income scholarship program. |
15 | Section 2510-B. Study. |
16 | Following the 2014-2015 school year, the board shall conduct |
17 | a study of the effectiveness of the opportunity scholarship |
18 | program and shall deliver a written report of its findings, |
19 | including any recommendations for changes to the program, to the |
20 | Governor, the chairman and minority chairman of the Education |
21 | Committee of the Senate and the chairman and minority chairman |
22 | of the Education Committee of the House of Representatives by |
23 | December 31, 2015. |
24 | Section 2511-B. Exclusive jurisdiction of Supreme Court. |
25 | The Pennsylvania Supreme Court shall have exclusive |
26 | jurisdiction to hear any challenge or to render a declaratory |
27 | judgment concerning the constitutionality of this subarticle. |
28 | The Supreme Court may take such action as it deems appropriate, |
29 | consistent with the Supreme Court's retaining jurisdiction over |
30 | such a matter, to find facts or to expedite a final judgment in |
|
1 | connection with such a challenge or request for declaratory |
2 | relief. |
3 | Section 2512-B. Optional local tuition grant program. |
4 | A school district may, out of funds received from the |
5 | Commonwealth for educational purposes, establish a program of |
6 | tuition grants to provide for the education of resident students |
7 | who wish to attend a nonresident public school or a |
8 | participating nonpublic school on a tuition basis. A student who |
9 | receives a tuition grant under this section shall be included in |
10 | the average daily membership of the student's resident school |
11 | district for the purpose of providing basic education funding |
12 | and special education funding under Article XXV. |
13 | Section 2513-B. Public school choice demonstration grant |
14 | program. |
15 | (a) Establishment.--A school district may, out of funds |
16 | received by the board under section 2506-B(c)(2)(ii)(A) and |
17 | available State and local funds, establish a program of tuition |
18 | grants to provide for the education of resident students who |
19 | wish to attend a nonresident public school. |
20 | (b) Limit.--No grant award issued by the board to a school |
21 | district under this section shall exceed $500,000. |
22 | (c) Procedure.--Grant applications shall only be received, |
23 | reviewed and allocated by the board during an annual two-week |
24 | grant review process to begin on July 1 and end on July 15 of |
25 | each calendar year. |
26 | (d) Eligibility.--To be eligible for grants under this |
27 | program, the school district shall: |
28 | (1) Submit an application to the board at a date to be |
29 | determined by the board requesting a public school choice |
30 | demonstration grant. |
|
1 | (2) Submit a statement of the amount of the grant |
2 | sought, including the estimated number of tuition grants to |
3 | be distributed. |
4 | (3) Demonstrate a commitment of funds received from both |
5 | local sources and the Commonwealth for educational purposes |
6 | of at least $3 for every $1 of grant funds issued under |
7 | section 2506-B(c)(2)(ii)(A). |
8 | (4) Meet any other requirements as set by the board. |
9 | (e) Average daily membership.--A student who receives a |
10 | tuition grant under this section shall be included in the |
11 | average daily membership of the student's resident school |
12 | district for the purpose of providing basic education funding |
13 | and special education funding under Article XXV. |
14 | Section 2514-B. Middle-income scholarship program. |
15 | (a) Establishment.--Beginning with the 2014-2015 school |
16 | year, the board shall establish a middle-income scholarship |
17 | program to provide scholarships to help middle-income children |
18 | in this Commonwealth pay tuition to attend a nonresident public |
19 | school or participating nonpublic school. The board shall make |
20 | annual middle-income scholarship awards on a pro rata basis from |
21 | the funding provided under section 2506-B(c)(2)(ii)(B). |
22 | (b) Notice.-- |
23 | (1) By a date determined by the board, each school |
24 | district in this Commonwealth shall provide all residents of |
25 | the school district with notice of the following: |
26 | (i) A description of the middle-income scholarship |
27 | program. |
28 | (ii) Instructions for applying for a middle-income |
29 | scholarship. |
30 | (iii) Notice that a parent must contact directly the |
|
1 | nonresident public school or participating nonpublic |
2 | school in which the parent's child seeks to enroll for |
3 | application instructions. |
4 | (2) The school district shall provide the notice to all |
5 | residents of the school district by notice posted on the |
6 | school district's publicly accessible Internet website. The |
7 | notice shall be in a form provided by the board. |
8 | (c) Regulations.--In promulgating regulations for the |
9 | administration of the middle-income scholarship, the board shall |
10 | develop application and enrollment processes and procedures |
11 | substantively similar to sections 2504-B and 2505-B. Regulations |
12 | shall be subject to review in accordance with the act of June |
13 | 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. |
14 | (d) Limitation.-- |
15 | (1) No nonresident public school or participating |
16 | nonpublic school may charge a middle-income scholarship |
17 | recipient a higher tuition rate than the rate the nonresident |
18 | public school or participating nonpublic school would have |
19 | charged to a student who had not received a middle-income |
20 | scholarship. |
21 | (2) The combined amount of the middle-income scholarship |
22 | award and any additional financial assistance provided by the |
23 | participating nonpublic school shall not exceed the tuition |
24 | rate for the participating nonpublic school. |
25 | (e) Applicability.--The provisions of sections 2505-B(c), |
26 | (d), (e) and (f) and 2506-B(e), (g) and (h) shall apply to the |
27 | middle-income scholarship program established under this |
28 | section. |
29 | (c) Educational Improvement Tax Credit |
30 | Section 2521-B. Definitions. |
|
1 | The following words and phrases when used in this subarticle |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Business firm." An entity authorized to do business in this |
5 | Commonwealth and subject to taxes imposed under Article XVI of |
6 | the act of May 17, 1921 (P.L.682, No.284), known as The |
7 | Insurance Company Law of 1921, or Article III, IV, VI, VII, |
8 | VIII, IX or XV of the act of March 4, 1971 (P.L.6, No.2), known |
9 | as the Tax Reform Code of 1971. The term includes a pass-through |
10 | entity. For purposes of this subarticle, a business firm shall |
11 | be included in one of the following groups: |
12 | (1) Group 1 includes any business firm that is entering |
13 | the second year of a two-year commitment. |
14 | (2) Group 2 includes any business firm that is renewing |
15 | a two-year commitment that was fulfilled in the most recent |
16 | fiscal year or is applying for tax credits for a contribution |
17 | to a prekindergarten scholarship organization in the same |
18 | amount that it had contributed in the most recent fiscal |
19 | year. |
20 | (3) Group 3 includes any business firm other than a |
21 | business firm in Group 1 or Group 2. |
22 | "Contribution." A donation of cash, personal property or |
23 | services, the value of which is the net cost of the donation to |
24 | the donor or the pro rata hourly wage, including benefits, of |
25 | the individual performing the services. |
26 | "Department." The Department of Community and Economic |
27 | Development of the Commonwealth. |
28 | "Educational improvement organization." A nonprofit entity |
29 | which: |
30 | (1) is exempt from Federal taxation under section 501(c) |
|
1 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
2 | 26 U.S.C. § 1 et seq.); and |
3 | (2) contributes at least 80% of its annual receipts as |
4 | grants to a public school for innovative educational |
5 | programs. |
6 | For purposes of this definition, a nonprofit entity |
7 | "contributes" its annual cash receipts when it expends or |
8 | otherwise irrevocably encumbers those funds for expenditure |
9 | during the then current fiscal year of the nonprofit entity or |
10 | during the next succeeding fiscal year of the nonprofit entity. |
11 | A "nonprofit entity" includes a school district foundation, |
12 | public school foundation, charter school foundation or cyber |
13 | charter school foundation. |
14 | "Eligible prekindergarten student." A student, including an |
15 | eligible student with a disability, who is enrolled in a |
16 | prekindergarten program and is a member of a household with a |
17 | maximum annual household income as increased by the applicable |
18 | income allowance. |
19 | "Eligible student." A school-age student, including an |
20 | eligible student with a disability, who is enrolled in a school |
21 | and is a member of a household with a maximum annual household |
22 | income as increased by the applicable income allowance. |
23 | "Eligible student with a disability." A prekindergarten |
24 | student or a school-age student who meets all of the following: |
25 | (1) Is either enrolled in a special education school or |
26 | has otherwise been identified, in accordance with 22 Pa. Code |
27 | Ch. 14 (relating to special education services and programs), |
28 | as a "child with a disability," as defined in 34 CFR § 300.8 |
29 | (relating to child with a disability). |
30 | (2) Needs special education and related services. |
|
1 | (3) Is enrolled in a prekindergarten program or in a |
2 | school. |
3 | (4) Is a member of a household with a household income |
4 | of not more than the maximum annual household income. |
5 | "Household." An individual living alone or with the |
6 | following: a spouse, parent and their unemancipated minor |
7 | children, other unemancipated minor children who are related by |
8 | blood or marriage or other adults or unemancipated minor |
9 | children living in the household who are dependent upon the |
10 | individual. |
11 | "Household income." All moneys or property received of |
12 | whatever nature and from whatever source derived. The term does |
13 | not include the following: |
14 | (1) Periodic payments for sickness and disability other |
15 | than regular wages received during a period of sickness or |
16 | disability. |
17 | (2) Disability, retirement or other payments arising |
18 | under workers' compensation acts, occupational disease acts |
19 | and similar legislation by any government. |
20 | (3) Payments commonly recognized as old-age or |
21 | retirement benefits paid to persons retired from service |
22 | after reaching a specific age or after a stated period of |
23 | employment. |
24 | (4) Payments commonly known as public assistance or |
25 | unemployment compensation payments by a governmental agency. |
26 | (5) Payments to reimburse actual expenses. |
27 | (6) Payments made by employers or labor unions for |
28 | programs covering hospitalization, sickness, disability or |
29 | death, supplemental unemployment benefits, strike benefits, |
30 | Social Security and retirement. |
|
1 | (7) Compensation received by United States servicemen |
2 | serving in a combat zone. |
3 | "Income allowance." |
4 | (1) Subject to paragraph (2), the amount of: |
5 | (i) Before July 1, 2011, $10,000 for each eligible |
6 | student, eligible prekindergarten student and dependent |
7 | member of a household. |
8 | (ii) After June 30, 2011, $12,000 for each eligible |
9 | student, eligible prekindergarten student and dependent |
10 | member of a household. |
11 | (2) Beginning July 1, 2012, the Department of Community |
12 | and Economic Development shall annually adjust the income |
13 | allowance amounts under paragraph (1) to reflect any upward |
14 | changes in the Consumer Price Index for All Urban Consumers |
15 | for the Pennsylvania, New Jersey, Delaware and Maryland area |
16 | in the preceding 12 months and shall immediately submit the |
17 | adjusted amounts to the Legislative Reference Bureau for |
18 | publication as a notice in the Pennsylvania Bulletin. |
19 | "Innovative educational program." An advanced academic or |
20 | similar program that is not part of the regular academic program |
21 | of a public school but that enhances the curriculum or academic |
22 | program of the public school or provides prekindergarten |
23 | programs to public school students. |
24 | "Maximum annual household income." |
25 | (1) Except as stated in paragraph (2) and subject to |
26 | paragraph (3), the following: |
27 | (i) Before July 1, 2011, not more than $50,000. |
28 | (ii) After June 30, 2011, not more than $60,000. |
29 | (2) With respect to an eligible student with a |
30 | disability, as calculated by multiplying: |
|
1 | (i) the sum of: |
2 | (A) the applicable amount under paragraph (1); |
3 | and |
4 | (B) the applicable income allowance; by |
5 | (ii) the applicable support level factor according |
6 | to the following table: |
7 | Support Level | Support Level Factor | 8 | 1 | 1.50 | 9 | 2 | 2.993 |
|
10 | (3) Beginning July 1, 2012, the Department of Community |
11 | and Economic Development shall annually adjust the income |
12 | amounts under paragraphs (1) and (2) to reflect any upward |
13 | changes in the Consumer Price Index for All Urban Consumers |
14 | for the Pennsylvania, New Jersey, Delaware and Maryland area |
15 | in the preceding 12 months and shall immediately submit the |
16 | adjusted amounts to the Legislative Reference Bureau for |
17 | publication as a notice in the Pennsylvania Bulletin. |
18 | "Pass-through entity." A partnership as defined in section |
19 | 301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the |
20 | Tax Reform Code of 1971, a single-member limited liability |
21 | company treated as a disregarded entity for Federal income tax |
22 | purposes or a Pennsylvania S corporation as defined in section |
23 | 301(n.1) of the Tax Reform Code of 1971. |
24 | "Prekindergarten program." A program of instruction for |
25 | three-year-old or four-year-old students that utilizes a |
26 | curriculum aligned with the curriculum of the school with which |
27 | it is affiliated and that provides: |
28 | (1) a minimum of two hours of instructional and |
29 | developmental activities per day at least 60 days per school |
30 | year; or |
|
1 | (2) a minimum of two hours of instructional and |
2 | developmental activities per day at least 20 days over the |
3 | summer recess. |
4 | "Prekindergarten scholarship organization." A nonprofit |
5 | entity that: |
6 | (1) Either is exempt from Federal taxation under section |
7 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
8 | 99-514, 26 U.S.C. § 1 et seq.) or is operated as a separate |
9 | segregated fund by a scholarship organization that has been |
10 | qualified under section 2522-B. |
11 | (2) Contributes at least 80% of its annual cash receipts |
12 | to a prekindergarten scholarship program by expending or |
13 | otherwise irrevocably encumbering those funds for |
14 | distribution during the then current fiscal year of the |
15 | organization or during the next succeeding fiscal year of the |
16 | organization. |
17 | "Prekindergarten scholarship program." A program to provide |
18 | tuition to eligible prekindergarten students to attend a |
19 | prekindergarten program operated by or in conjunction with a |
20 | school located in this Commonwealth and that includes an |
21 | application and review process for the purpose of making awards |
22 | to eligible prekindergarten students and awards scholarships to |
23 | eligible prekindergarten students without limiting availability |
24 | to only students of one school. |
25 | "Public school." A public prekindergarten where compulsory |
26 | attendance requirements do not apply or a public kindergarten, |
27 | elementary school or secondary school at which the compulsory |
28 | attendance requirements of this Commonwealth may be met and that |
29 | meets the applicable requirements of Title VI of the Civil |
30 | Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). |
|
1 | "Scholarship." An award under a scholarship program. |
2 | "Scholarship organization." A nonprofit entity that: |
3 | (1) is exempt from Federal taxation under section 501(c) |
4 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
5 | 26 U.S.C. § 1 et seq.); and |
6 | (2) contributes at least 80% of its annual cash receipts |
7 | to a scholarship program. |
8 | For purposes of this definition, a nonprofit entity |
9 | "contributes" its annual cash receipts to a scholarship program |
10 | when it expends or otherwise irrevocably encumbers those funds |
11 | for distribution during the then current fiscal year of the |
12 | nonprofit entity or during the next succeeding fiscal year of |
13 | the nonprofit entity. |
14 | "Scholarship program." A program to provide tuition to |
15 | eligible students to attend a school located in this |
16 | Commonwealth. A scholarship program must include an application |
17 | and review process for the purpose of making awards to eligible |
18 | students. The award of scholarships to eligible students shall |
19 | be made without limiting availability to only students of one |
20 | school. |
21 | "School." A kindergarten, elementary school or secondary |
22 | school at which the compulsory attendance requirements of the |
23 | Commonwealth may be met and that meets the applicable |
24 | requirements of Title VI of the Civil Rights Act of 1964 (Public |
25 | Law 88-352, 78 Stat. 241), or a public or nonpublic |
26 | prekindergarten. |
27 | "School age." From the earliest admission age to a school's |
28 | prekindergarten or kindergarten program or, when no |
29 | prekindergarten or kindergarten program is provided, the |
30 | school's earliest admission age for beginners, until the end of |
|
1 | the school year the student attains 21 years of age or |
2 | graduation from high school, whichever occurs first. |
3 | "Special education school." A school or program within a |
4 | school that is designated specifically and exclusively for |
5 | students with any of the disabilities listed in 34 CFR § 300.8 |
6 | (relating to child with a disability) and meets one of the |
7 | following: |
8 | (1) is licensed under the act of January 28, 1988 |
9 | (P.L.24, No.11), known as the Private Academic Schools Act; |
10 | (2) is accredited by an accrediting association approved |
11 | by the State Board of Education; |
12 | (3) is a school for the blind or deaf receiving |
13 | Commonwealth appropriations; or |
14 | (4) is operated by or under the authority of a bona fide |
15 | religious institution or by the Commonwealth or any political |
16 | subdivision thereof. |
17 | "Support level." The level of support needed by an eligible |
18 | student with a disability, as stated in the following matrix: |
19 | (1) Support level 1. The student is not enrolled in a |
20 | special education school. |
21 | (2) Support level 2. The student is enrolled in a |
22 | special education school. |
23 | "Tax credit." The educational improvement tax credit |
24 | established under this subarticle. |
25 | Section 2522-B. Qualification and application. |
26 | (a) Establishment.--In accordance with section 14 of Article |
27 | III of the Constitution of Pennsylvania, an educational |
28 | improvement tax credit program is established to enhance the |
29 | educational opportunities available to all students in this |
30 | Commonwealth. |
|
1 | (b) Information.--In order to qualify under this subarticle, |
2 | a scholarship organization, a prekindergarten scholarship |
3 | organization or an educational improvement organization must |
4 | submit information to the department that enables the department |
5 | to confirm that the organization is exempt from taxation under |
6 | section 501(c)(3) of the Internal Revenue Code of 1986 (Public |
7 | Law 99-514, 26 U.S.C. § 1 et seq.). |
8 | (c) Scholarship organizations and prekindergarten |
9 | scholarship organizations.--A scholarship organization or |
10 | prekindergarten scholarship organization must certify to the |
11 | department that the organization is eligible to participate in |
12 | the program established under this subarticle and must agree to |
13 | annually report the following information to the department by |
14 | September 1 of each year: |
15 | (1) (i) The number of scholarships awarded during the |
16 | immediately preceding school year to eligible |
17 | prekindergarten students. |
18 | (ii) The total and average amounts of scholarships |
19 | awarded during the immediately preceding school year to |
20 | eligible prekindergarten students. |
21 | (iii) The number of scholarships awarded during the |
22 | immediately preceding school year to eligible students in |
23 | grades kindergarten through eight. |
24 | (iv) The total and average amounts of scholarships |
25 | awarded during the immediately preceding school year to |
26 | eligible students in grades kindergarten through eight. |
27 | (v) The number of scholarships awarded during the |
28 | immediately preceding school year to eligible students in |
29 | grades 9 through 12. |
30 | (vi) The total and average amounts of scholarships |
|
1 | awarded during the immediately preceding school year to |
2 | eligible students in grades 9 through 12. |
3 | (vii) Where the scholarship organization or |
4 | prekindergarten scholarship organization collects |
5 | information on a county-by-county basis, the total number |
6 | and the total dollar amount of scholarships awarded |
7 | during the immediately preceding school year to residents |
8 | of each county in which the scholarship organization or |
9 | prekindergarten scholarship organization awarded |
10 | scholarships. |
11 | (2) The information required under paragraph (1) shall |
12 | be submitted on a form provided by the department. No later |
13 | than May 1 of each year, the department shall annually |
14 | distribute such sample forms, together with the forms on |
15 | which the reports are required to be made, to each listed |
16 | scholarship organization and prekindergarten scholarship |
17 | organization. |
18 | (3) The department may not require any other information |
19 | to be provided by scholarship organizations or |
20 | prekindergarten scholarship organizations, except as |
21 | expressly authorized in this subarticle. |
22 | (d) Educational improvement organization.-- |
23 | (1) An application submitted by an educational |
24 | improvement organization must describe its proposed |
25 | innovative educational program or programs in a form |
26 | prescribed by the department. In prescribing the form, the |
27 | department shall consult with the Department of Education as |
28 | necessary. The department shall review and approve or |
29 | disapprove the application. In order to be eligible to |
30 | participate in the program established under this subarticle, |
|
1 | an educational improvement organization must agree to |
2 | annually report the following information to the department |
3 | by September 1 of each year: |
4 | (i) The name of the innovative educational program |
5 | or programs and the total amount of the grant or grants |
6 | made to those programs during the immediately preceding |
7 | school year. |
8 | (ii) A description of how each grant was utilized |
9 | during the immediately preceding school year and a |
10 | description of any demonstrated or expected innovative |
11 | educational improvements. |
12 | (iii) The names of the public schools and school |
13 | districts where innovative educational programs that |
14 | received grants during the immediately preceding school |
15 | year were implemented. |
16 | (iv) Where the educational improvement organization |
17 | collects information on a county-by-county basis, the |
18 | total number and the total dollar amount of grants made |
19 | during the immediately preceding school year for programs |
20 | at public schools in each county in which the educational |
21 | improvement organization made grants. |
22 | (2) The information required under paragraph (1) shall |
23 | be submitted on a form provided by the department. No later |
24 | than May 1 of each year, the department shall annually |
25 | distribute such sample forms, together with the forms on |
26 | which the reports are required to be made, to each listed |
27 | educational improvement organization. |
28 | (3) The department may not require any other information |
29 | to be provided by educational improvement organizations, |
30 | except as expressly authorized in this subarticle. |
|
1 | (e) Notification.--The department shall notify the |
2 | scholarship organization, prekindergarten scholarship |
3 | organization or educational improvement organization that the |
4 | organization meets the requirements of this subarticle for that |
5 | fiscal year no later than 60 days after the organization has |
6 | submitted the information required under this section. |
7 | (f) Publication.--The department shall annually publish a |
8 | list of each scholarship organization, prekindergarten |
9 | scholarship organization or educational improvement organization |
10 | qualified under this section in the Pennsylvania Bulletin. The |
11 | list shall also be posted and updated as necessary on the |
12 | publicly accessible Internet website of the department. |
13 | Section 2523-B. Application. |
14 | (a) Scholarship organization or prekindergarten scholarship |
15 | organization.--In order to receive a tax credit, a business firm |
16 | shall apply to the department. A business firm shall receive a |
17 | tax credit if the scholarship organization or prekindergarten |
18 | scholarship organization that receives the contribution appears |
19 | on the list established under section 2522-B(f). |
20 | (b) Educational improvement organization.--In order to |
21 | receive a tax credit, a business firm shall apply to the |
22 | department. A business firm shall receive a tax credit if the |
23 | department has approved the program provided by the educational |
24 | improvement organization that receives the contribution. |
25 | (c) Contributions.--A contribution by a business firm to a |
26 | scholarship organization, prekindergarten scholarship |
27 | organization or educational improvement organization shall be |
28 | made no later than 60 days following the approval of an |
29 | application under subsection (a) or (b). |
30 | Section 2524-B. Tax credit. |
|
1 | (a) Scholarship or educational improvement organizations.-- |
2 | In accordance with section 2525-B(a), the Department of Revenue |
3 | shall grant a tax credit against any tax due under either |
4 | Article XVI of the act of May 17, 1921 (P.L.682, No.284), known |
5 | as The Insurance Company Law of 1921, or Article III, IV, VI, |
6 | VII, VIII, IX or XV of the act of March 4, 1971 (P.L.6, No.2), |
7 | known as the Tax Reform Code of 1971, to a business firm |
8 | providing proof of a contribution to a scholarship organization |
9 | or educational improvement organization in the taxable year in |
10 | which the contribution is made which shall not exceed 75% of the |
11 | total amount contributed during the taxable year by the business |
12 | firm. The tax credit shall not exceed $300,000 annually per |
13 | business firm for contributions made to scholarship |
14 | organizations or educational improvement organizations. |
15 | (b) Additional amount.--The Department of Revenue shall |
16 | grant a tax credit of up to 90% of the total amount contributed |
17 | during the taxable year if the business firm provides a written |
18 | commitment to provide the scholarship organization or |
19 | educational improvement organization with the same amount of |
20 | contribution for two consecutive tax years. The business firm |
21 | must provide the written commitment under this subsection to the |
22 | department at the time of application. |
23 | (c) Prekindergarten scholarship organizations.--In |
24 | accordance with section 2525-B(a), the Department of Revenue |
25 | shall grant a tax credit against any tax due under either |
26 | Article XVI of the Insurance Company Law of 1921 or Article III, |
27 | IV, VI, VII, VIII, IX or XV of the Tax Reform Code of 1971 to a |
28 | business firm providing proof of a contribution to a |
29 | prekindergarten scholarship organization in the taxable year in |
30 | which the contribution is made which shall be equal to 100% of |
|
1 | the first $10,000 contributed during the taxable year by the |
2 | business firm, and which shall not exceed 90% of the remaining |
3 | amount contributed during the taxable year by the business firm. |
4 | The tax credit shall not exceed $150,000 annually per business |
5 | firm for contributions made to prekindergarten scholarship |
6 | organizations. |
7 | (d) Combination of tax credits.--A business firm may receive |
8 | tax credits from the Department of Revenue in any tax year for |
9 | any combination of contributions under subsection (a), (b) or |
10 | (c). In no case may a business firm receive tax credits in any |
11 | tax year in excess of $300,000 for contributions under |
12 | subsections (a) and (b). In no case shall a business firm |
13 | receive tax credits in any tax year in excess of $150,000 for |
14 | contributions under subsection (c). |
15 | (e) Pass-through entity.-- |
16 | (1) If a pass-through entity does not intend to use all |
17 | approved tax credits under this section, it may elect in |
18 | writing to transfer all or a portion of the tax credit to |
19 | shareholders, members or partners in proportion to the share |
20 | of the entity's distributive income to which the shareholder, |
21 | member or partner is entitled for use in the taxable year in |
22 | which the contribution is made or in the taxable year |
23 | immediately following the year in which the contribution is |
24 | made. The election shall designate the year in which the |
25 | transferred tax credits are to be used and shall be made |
26 | according to procedures established by the Department of |
27 | Revenue. |
28 | (2) A pass-through entity and a shareholder, member or |
29 | partner of a pass-through entity shall not claim the tax |
30 | credit under this section for the same contribution. |
|
1 | (3) The shareholder, member or partner may not carry |
2 | forward, carry back, obtain a refund of or sell or assign the |
3 | tax credit. |
4 | (4) The shareholder, member or partner may claim the |
5 | credit on a joint return, but the tax credit may not exceed |
6 | the separate income of that shareholder, member or partner. |
7 | (f) Restriction on applicability of credits.--No tax credits |
8 | shall be applied against any tax withheld by an employer from an |
9 | employee under Article III of the Tax Reform Code of 1971. |
10 | (g) Time of application for credits.-- |
11 | (1) The department may accept applications beginning on |
12 | May 15 from business firms for tax credits available during a |
13 | fiscal year that is to begin on July 1. |
14 | (2) If, on July 1 of a fiscal year, applications for tax |
15 | credits available during the fiscal year exceed the total |
16 | aggregate amount of tax credits available for the fiscal |
17 | year, the department shall approve applications for tax |
18 | credits on the following basis, subject to the provisions of |
19 | section 2523-B: |
20 | (i) Group 1 firms whose applications were received |
21 | by July 1 shall be accorded first priority in the |
22 | approval of tax credit applications. If tax credits |
23 | applied for by Group 1 firms exceed the total aggregate |
24 | amount of tax credits available for the program under |
25 | section 2525-B, the department shall approve on a pro |
26 | rata basis the applications of all Group 1 firms that |
27 | applied by July 1, and the applications of Group 2 and |
28 | Group 3 firms shall be denied. Approval of a reduced tax |
29 | credit under this subparagraph shall not disqualify a |
30 | Group 1 firm from receiving a 90% tax credit under |
|
1 | subsection (b) even if the amount of tax credit approved |
2 | would require the Group 1 firm to make a lower |
3 | scholarship contribution in the second year of a two-year |
4 | commitment. |
5 | (ii) If tax credits remain available after credits |
6 | have been awarded under subparagraph (i), Group 2 firms |
7 | whose applications were received by July 1 shall be |
8 | accorded priority in the approval of applications for the |
9 | remaining tax credits. If the sum of the tax credits |
10 | approved under subparagraph (i) and the credits applied |
11 | for by Group 2 firms exceeds the total aggregate amount |
12 | of tax credits available for the program under section |
13 | 2525-B, the department shall approve on a pro rata basis |
14 | the applications for the remaining tax credits submitted |
15 | by all Group 2 firms that applied by July 1, and the |
16 | applications of Group 3 firms shall be denied. |
17 | (iii) If tax credits remain available on July 1 |
18 | after credits have been awarded under subparagraphs (i) |
19 | and (ii), applications of Group 3 firms shall be |
20 | approved, on a pro rata basis within that group if |
21 | necessary. Thereafter, the department shall approve the |
22 | applications of all business firms on a daily basis. If, |
23 | on any day after July 1, the cumulative sum of the tax |
24 | credits approved and the tax credits applied for on that |
25 | day exceeds the total aggregate amount of tax credits |
26 | available for the program under section 2525-B, the |
27 | department shall approve on a pro rata basis the |
28 | applications received on that day. |
29 | Section 2525-B. Limitations. |
30 | (a) Amount.-- |
|
1 | (1) For the fiscal years 2011-2012, 2012-2013 and |
2 | 2013-2014, the total aggregate amount of all tax credits |
3 | approved for scholarship organizations and educational |
4 | improvement organizations shall not exceed $92,000,000 in a |
5 | fiscal year. No less than 75% of the total aggregate amount |
6 | of all tax credits approved shall be used to provide tax |
7 | credits for contributions from business firms to scholarship |
8 | organizations. No less than 25% of the total aggregate amount |
9 | of all tax credits approved shall be used to provide tax |
10 | credits for contributions from business firms to educational |
11 | improvement organizations. |
12 | (i) From the tax credits for contributions by |
13 | business firms to educational improvement organizations, |
14 | 20% of the available amount shall initially be set aside |
15 | for contributions by business firms to educational |
16 | improvement organizations that are also school district |
17 | foundations, public school foundations, charter school |
18 | foundations or cyber charter school foundations and shall |
19 | be distributed in accordance with section 2524-B(g). |
20 | (ii) Tax credits remaining from the amount set aside |
21 | in subparagraph (i) after July 1 of each year shall be |
22 | made available to business firms for contributions to any |
23 | educational improvement organization and shall be |
24 | distributed in accordance with section 2524-B(g). |
25 | (2) (i) Subject to adjustment under subparagraph (ii), |
26 | in the fiscal year 2014-2015 and each fiscal year |
27 | thereafter, the total aggregate amount of all tax credits |
28 | available shall equal the total aggregate amount of all |
29 | tax credits available in the prior fiscal year. |
30 | (ii) Beginning in the fiscal year 2014-2015, in any |
|
1 | fiscal year in which the total aggregate amount of all |
2 | tax credits approved for the prior fiscal year is equal |
3 | to or greater than 90% of the total aggregate amount of |
4 | all tax credits available for the prior fiscal year, the |
5 | total aggregate amount of all tax credits available shall |
6 | increase by 5%. The department shall publish on its |
7 | Internet website the total aggregate amount of all tax |
8 | credits available when the amount is increased under this |
9 | paragraph. |
10 | (3) For the fiscal years 2011-2012, 2012-2013 and |
11 | 2013-2014, the total aggregate amount of all tax credits |
12 | approved for contributions from business firms to |
13 | prekindergarten scholarship programs shall not exceed |
14 | $8,000,000 in a fiscal year. |
15 | (4) (i) Subject to adjustment in subparagraph (ii), in |
16 | the fiscal year 2014-2015 and each fiscal year |
17 | thereafter, the total aggregate amount of all tax credits |
18 | available to prekindergarten scholarship programs shall |
19 | equal the total aggregate amount of all tax credits |
20 | available to prekindergarten scholarship programs in the |
21 | prior fiscal year. |
22 | (ii) Beginning in the fiscal year 2014-2015, in any |
23 | fiscal year in which the total aggregate amount of all |
24 | tax credits available is increased under paragraph (2), |
25 | the total aggregate amount of all tax credits available |
26 | for prekindergarten scholarship programs shall increase |
27 | by 5%. The department shall publish on its Internet |
28 | website the total aggregate amount of all tax credits |
29 | available for prekindergarten scholarship programs when |
30 | the amount is increased under this paragraph. |
|
1 | (b) Activities.--No tax credit shall be approved for |
2 | activities that are a part of a business firm's normal course of |
3 | business. |
4 | (c) Tax liability.-- |
5 | (1) Except as provided in paragraph (2), a tax credit |
6 | granted for any one taxable year may not exceed the tax |
7 | liability of a business firm. |
8 | (2) In the case of a credit granted to a pass-through |
9 | entity which elects to transfer the credit according to |
10 | section 2524-B(e), a tax credit granted for any one taxable |
11 | year and transferred to a shareholder, member or partner may |
12 | not exceed the tax liability of the shareholder, member or |
13 | partner. |
14 | (d) Use.--A tax credit not used by the applicant in the |
15 | taxable year the contribution was made or in the year designated |
16 | by the shareholder, member or partner to whom the credit was |
17 | transferred under section 2524-B(e) may not be carried forward |
18 | or carried back and is not refundable or transferable. |
19 | (e) Nontaxable income.--A scholarship received by an |
20 | eligible student or eligible prekindergarten student shall not |
21 | be considered to be taxable income for the purposes of Article |
22 | III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax |
23 | Reform Code of 1971. |
24 | Section 2526-B. Lists. |
25 | The Department of Revenue shall provide to the General |
26 | Assembly, by June 30 of each year, a list of all scholarship |
27 | organizations, prekindergarten scholarship organizations and |
28 | educational improvement organizations that receive contributions |
29 | from business firms granted a tax credit. |
30 | Section 2527-B. Guidelines. |
|
1 | The department, in consultation with the Department of |
2 | Education, shall develop guidelines to determine the eligibility |
3 | of an innovative educational program. |
4 | Section 2. Repeals are as follows: |
5 | (1) The General Assembly declares that the repeal under |
6 | paragraph (2) is necessary to effectuate the addition of |
7 | Article XXV-B of the act. |
8 | (2) Article XVII-F of the act of March 4, 1971 (P.L.6, |
9 | No.2), known as the Tax Reform Code of 1971, is repealed. |
10 | Section 3. The provisions of Article XXV-B of the act are |
11 | severable. If any provision of that article or its application |
12 | to any person or circumstance is held invalid, the invalidity |
13 | shall not affect other provisions or applications of that |
14 | article which can be given effect without the invalid provision |
15 | or application. |
16 | Section 4. This act shall take effect in 60 days. |
17 | Section 1. The definitions of "concurrent student" and | <-- |
18 | "school entity" in section 1602-B of the act, added July 13, |
19 | 2005 (P.L.226, No.46), are amended to read: |
20 | Section 1602-B. Definitions. |
21 | The following words and phrases when used in this article |
22 | shall have the meanings given to them in this section unless the |
23 | context clearly indicates otherwise: |
24 | * * * |
25 | "Concurrent student." A student who is enrolled in a school |
26 | district, a charter school, a cyber charter school, an area |
27 | vocational-technical school, a nonpublic school, a private |
28 | school or a home education program under section 1327.1 and who |
29 | takes a concurrent course through a concurrent enrollment |
30 | program. |
|
1 | * * * |
2 | "School entity." A school district, a charter school, a |
3 | cyber charter school or an area vocational-technical school. |
4 | * * * |
5 | Section 2. Section 1613-B of the act is amended by adding a |
6 | subsection to read: |
7 | Section 1613-B. Concurrent enrollment agreements. |
8 | * * * |
9 | (c) Charter schools and cyber charter schools.--Charter |
10 | schools and cyber charter schools shall have the power and |
11 | authority to enter into a concurrent enrollment agreement with |
12 | an institution of higher education, and appropriate credit shall |
13 | be awarded to students concurrently enrolled under the |
14 | agreement. |
15 | Section 3. Section 1703-A of the act, amended June 29, 2002 |
16 | (P.L.524, No.88), is amended to read: |
17 | Section 1703-A. Definitions.--[As used in this article,] The |
18 | following words and phrases when used in this article shall have |
19 | the meanings given to them in this section unless the context |
20 | clearly indicates otherwise: |
21 | "Administrator." The term includes an employee of a charter |
22 | school or cyber charter school, including the chief |
23 | administrator of a charter school or cyber charter school and |
24 | any other employee, who by virtue of the employee's position is |
25 | responsible for taking or recommending official action of a |
26 | nonministerial nature with regard to contracting or procurement, |
27 | administering or monitoring grants or subsidies, managing or |
28 | regulating staff, student and school activities or any activity |
29 | where the official action has an economic impact of greater than |
30 | a de minimis nature on the interests of any person. |
|
1 | "Appeal [board" shall mean the] board." The State Charter |
2 | School Appeal Board established by this article. |
3 | "At-risk [student" shall mean a] student." A student at risk |
4 | of educational failure because of limited English proficiency, |
5 | poverty, community factors, truancy, academic difficulties or |
6 | economic disadvantage. |
7 | "Charter [school" shall mean an] school." An independent |
8 | public school established and operated under a charter from the |
9 | local board of school directors and in which students are |
10 | enrolled or attend. A charter school must be organized as a |
11 | public, nonprofit corporation. Charters may not be granted to |
12 | any for-profit entity. |
13 | "Charter school foundation." A nonprofit organization, as |
14 | defined under section 501(c)(3) of the Internal Revenue Code of |
15 | 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), that provides |
16 | funding, resources or otherwise serves to support a charter |
17 | school or cyber charter school, either directly or through an |
18 | affiliated entity. |
19 | "Chief administrator." An individual appointed by a board of |
20 | trustees to oversee and manage the operation of a charter school |
21 | or cyber charter school. The term shall not include a |
22 | professional staff member under this article. |
23 | ["Chief executive officer" shall mean an individual appointed |
24 | by the board of trustees to oversee and manage the operation of |
25 | the charter school, but who shall not be deemed a professional |
26 | staff member under this article.] |
27 | "Committee." The Charter School Funding Advisory Committee. |
28 | "Cyber charter [school" shall mean an] school." An |
29 | independent public school established and operated under a |
30 | charter from the Department of Education and in which the school |
|
1 | uses technology in order to provide a significant portion of its |
2 | curriculum and to deliver a significant portion of instruction |
3 | to its students through the Internet or other electronic means. |
4 | A cyber charter school must be organized as a public, nonprofit |
5 | corporation. A charter may not be granted to a for-profit |
6 | entity. |
7 | ["Department" shall mean the] "Department." The Department |
8 | of Education of the Commonwealth. |
9 | "Educational management service provider." A for-profit |
10 | education management organization, nonprofit charter management |
11 | organization, school design provider, business manager or any |
12 | other partner entity with which a board of trustees of a charter |
13 | school or cyber charter school contracts to provide educational |
14 | design, business services, comprehensive management or personnel |
15 | functions or to implement the charter. The term does not include |
16 | a charter school foundation. |
17 | "Immediate family member." A parent, spouse, child, brother |
18 | or sister. |
19 | "Local board of school [directors" shall mean the] |
20 | directors." The board of directors of a school district in |
21 | which a proposed or an approved charter school is located. |
22 | "Nonrelated." An individual who is not an immediate family |
23 | member. |
24 | "Regional charter [school" shall mean an] school." An |
25 | independent public school established and operated under a |
26 | charter from more than one local board of school directors and |
27 | in which students are enrolled or attend. A regional charter |
28 | school must be organized as a public, nonprofit corporation. |
29 | Charters may not be granted to any for-profit entity. |
30 | "Right-to-Know Law." The act of February 14, 2008 (P.L.6, |
|
1 | No.3), known as the "Right-to-Know Law." |
2 | "School district of [residence" shall mean the] residence." |
3 | The school district in this Commonwealth in which [the parents |
4 | or guardians of a child reside] a child resides as determined |
5 | under section 1302. |
6 | "School [entity" shall mean a] entity." A school district, |
7 | intermediate unit, joint school or area vocational-technical |
8 | school. |
9 | ["Secretary" shall mean the] "Secretary." The Secretary of |
10 | Education of the Commonwealth. |
11 | "State [board" shall mean the] board." The State Board of |
12 | Education of the Commonwealth. |
13 | Section 4. The act is amended by adding a section to read: |
14 | Section 1704-A. Charter School Funding Advisory Committee. |
15 | (a) Convention.-- |
16 | (1) The department shall immediately convene a Statewide |
17 | advisory committee, to be known as the Charter School Funding |
18 | Advisory Committee, to examine the financing of charter schools |
19 | and cyber charter schools in the public education system. The |
20 | committee shall examine how charter school and cyber charter |
21 | school finances affect opportunities for teachers, parents, |
22 | pupils and community members to establish and maintain schools |
23 | that operate independently from the existing school district |
24 | structure as a method to accomplish the requirements of section |
25 | 1702-A. The department shall provide administrative support, |
26 | meeting space and any other assistance required by the committee |
27 | to carry out its duties under this section. |
28 | (2) The committee shall consist of the following members: |
29 | (i) The chairman and minority chairman of the Education |
30 | Committee of the Senate and the chairman and the minority |
|
1 | chairman of the Education Committee of the House of |
2 | Representatives or their designees. |
3 | (ii) The secretary or a designee. |
4 | (iii) The chairman of the State board or a designee. |
5 | (iv) The following members, who shall be appointed by the |
6 | secretary: |
7 | (A) One member who shall represent charter schools. |
8 | (B) One member who shall represent regional charter schools. |
9 | (C) One member who shall represent cyber charter schools. |
10 | (D) One member who shall represent teachers and may be a |
11 | public school teacher, a charter school teacher, a regional |
12 | charter school teacher, a cyber charter school teacher or a |
13 | nonpublic school teacher. |
14 | (E) One member who shall represent school administrators. |
15 | (F) One member who shall represent school board members. |
16 | (G) One member who shall represent a business manager of a |
17 | school district. |
18 | (H) One member who shall represent a parent of a child |
19 | attending a charter school or cyber charter school. |
20 | (I) One member who shall represent an institution of higher |
21 | education. |
22 | (3) Members of the committee shall be appointed within 45 |
23 | days of the effective date of this section. Any vacancy on the |
24 | committee shall be filled by the original appointing officer or |
25 | agency. The committee shall select a chairman and vice chairman |
26 | from among its membership at an organizational meeting. The |
27 | organizational meeting shall take place no later than 90 days |
28 | following the effective date of this section. |
29 | (4) The committee shall hold meetings at the call of the |
30 | chairman. The committee may also hold public hearings on the |
|
1 | matters to be considered by the committee at locations |
2 | throughout this Commonwealth. All meetings and public hearings |
3 | of the committee shall be deemed public meetings for the purpose |
4 | of 65 Pa.C.S. Ch. 7 (relating to open meetings). Eight members |
5 | of the committee shall constitute a quorum at any meeting. Each |
6 | member of the committee may designate another person to |
7 | represent that member at meetings of the committee. |
8 | (5) Committee members shall receive no compensation for |
9 | their services but shall be reimbursed for all necessary travel |
10 | and other reasonable expenses incurred in connection with the |
11 | performance of their duties as members. Whenever possible, the |
12 | committee shall utilize the services and expertise of existing |
13 | personnel and staff of State government. |
14 | (6) The committee shall have the following powers and |
15 | duties: |
16 | (i) Meet with current charter school operators within this |
17 | Commonwealth, including cyber charter schools with blended |
18 | programs. |
19 | (ii) Review charter school financing laws in operation |
20 | throughout the United States. |
21 | (iii) Evaluate and make recommendations on the following: |
22 | (A) Powers and duties extended to charter schools and cyber |
23 | charter schools as they relate to financing. |
24 | (B) Funding formulas for charter schools and cyber charter |
25 | schools, including reimbursement procedures and funding under |
26 | Title I of the Elementary and Secondary Education Act of 1965 |
27 | (Public Law 89-10, 20 U.S.C. § 6301 et seq.). |
28 | (C) The process by which charter schools and cyber charter |
29 | schools are funded under section 1725-A. |
30 | (D) Student residency as it relates to funding. |
|
1 | (E) Special education and other special program funding. |
2 | (F) Charter school transportation. |
3 | (G) Charter school eligibility to receive grants and |
4 | funding. |
5 | (H) Appropriate assessment fees on charter schools and cyber |
6 | charter schools. |
7 | (I) Consideration of recognizing a charter school for |
8 | additional designations as a local education agency. |
9 | (iv) The committee shall, no later than November 30, 2012, |
10 | issue a report of its findings and recommendations to the |
11 | Governor, the President pro tempore of the Senate, the Minority |
12 | Leader of the Senate, the chairman and minority chairman of the |
13 | Education Committee of the Senate, the Speaker of the House of |
14 | Representatives, the Minority Leader of the House of |
15 | Representatives and the chairman and minority chairman of the |
16 | Education Committee of the House of Representatives. |
17 | (b) (Reserved). |
18 | Section 5. Section 1714-A(a) of the act is amended by adding |
19 | clauses to read: |
20 | Section 1714-A. Powers of Charter Schools.--(a) A charter |
21 | school established under this act is a body corporate and shall |
22 | have all powers necessary or desirable for carrying out its |
23 | charter, including, but not limited to, the power to: |
24 | * * * |
25 | (8) Enter into a concurrent enrollment agreement under |
26 | Article XVI-B with an institution of higher education. |
27 | (9) Seek accreditation by an accreditation agency. |
28 | * * * |
29 | Section 6. Section 1715-A of the act, added June 19, 1997 |
30 | (P.L.225, No.22) and July 9, 2008 (P.L.846, No.61), is amended |
|
1 | to read: |
2 | Section 1715-A. Charter School Requirements.--(a) Charter |
3 | schools shall be required to comply with the following |
4 | provisions: |
5 | (1) Except as otherwise provided in this article, a charter |
6 | school is exempt from statutory requirements established in this |
7 | act, from regulations of the State board and the standards of |
8 | the secretary not specifically applicable to charter schools. |
9 | Charter schools are not exempt from statutes applicable to |
10 | public schools other than this act. |
11 | (2) A charter school shall be accountable to the parents, |
12 | the public and the Commonwealth, with the delineation of that |
13 | accountability reflected in the charter. Strategies for |
14 | meaningful parent and community involvement shall be developed |
15 | and implemented by each school. |
16 | (3) A charter school shall not unlawfully discriminate in |
17 | admissions, hiring or operation. |
18 | (4) A charter school shall be nonsectarian in all |
19 | operations. |
20 | (5) (i) A charter school shall not provide any religious |
21 | instruction, nor shall it display religious objects and symbols |
22 | on the premises of the charter school. The charter school shall |
23 | provide for discrete and separate entrances to buildings |
24 | utilized for school purposes only. |
25 | (ii) It shall not be a violation of this section for a |
26 | charter school to utilize a sectarian facility: |
27 | (A) if the religious objects and symbols within the portions |
28 | of the facility utilized by the school are covered or removed to |
29 | the extent reasonably feasible; or |
30 | (B) in which the unused portion of the facility or its |
|
1 | common areas contain religious symbols and objects. |
2 | (6) A charter school shall not advocate unlawful behavior. |
3 | (7) A charter school shall only be subject to the laws and |
4 | regulations as provided for in section 1732-A, or as otherwise |
5 | provided for in this article. |
6 | (8) (i) A charter school shall participate in the |
7 | Pennsylvania State Assessment System as provided for in 22 Pa. |
8 | Code [Ch. 5 (relating to curriculum)] Chapter 4 (relating to |
9 | academic standards and assessments), or subsequent regulations |
10 | promulgated to replace 22 Pa. Code Ch. [5] 4, in the manner in |
11 | which the school district in which the charter school is located |
12 | is scheduled to participate. |
13 | (ii) A charter school shall be treated in the same manner as |
14 | a school district for the purposes of measuring the charter |
15 | school's adequate yearly progress under the No Child Left Behind |
16 | Act of 2001. |
17 | (9) A charter school shall provide a minimum of one hundred |
18 | eighty (180) days of instruction or nine hundred (900) hours per |
19 | year of instruction at the elementary level, or nine hundred |
20 | ninety (990) hours per year of instruction at the secondary |
21 | level. Nothing in this clause shall preclude the use of computer |
22 | and satellite linkages for delivering instruction to students. |
23 | (10) Boards of trustees and contractors of charter schools |
24 | shall be subject to the following statutory requirements |
25 | governing construction projects and construction-related work: |
26 | (i) The following provisions of this act: |
27 | (A) Sections 751 and 751.1. |
28 | (B) Sections 756 and 757 insofar as they are consistent with |
29 | the act of December 20, 1967 (P.L.869, No.385), known as the |
30 | "Public Works Contractors' Bond Law of 1967." |
|
1 | (ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104), |
2 | entitled "An act regulating the letting of certain contracts for |
3 | the erection, construction, and alteration of public buildings." |
4 | (iii) The act of August 11, 1961 (P.L.987, No.442), known as |
5 | the "Pennsylvania Prevailing Wage Act." |
6 | (iv) The "Public Works Contractors' Bond Law of 1967." |
7 | (v) The act of March 3, 1978 (P.L.6, No.3), known as the |
8 | "Steel Products Procurement Act." |
9 | (11) Trustees of a charter school shall be public officials |
10 | for the purposes of 65 Pa.C.S. Ch. 11 (relating to ethics |
11 | standards and financial disclosure) and shall file a statement |
12 | of financial interests for the preceding calendar year with the |
13 | State Ethics Commission and the local board of school directors, |
14 | or, in the case of a cyber charter school, the department, no |
15 | later than May 1 of each year that members hold the position and |
16 | of the year after a member leaves the position. All members of |
17 | the board of trustees of a charter school shall take the oath of |
18 | office as required under section 321 before entering upon the |
19 | duties of their office. |
20 | [(12) A person who serves as an administrator for a charter |
21 | school shall not receive compensation from another charter |
22 | school or from a company that provides management or other |
23 | services to another charter school. The term "administrator" |
24 | shall include the chief executive officer of a charter school |
25 | and all other employes of a charter school who by virtue of |
26 | their positions exercise management or operational oversight |
27 | responsibilities. A person who serves as an administrator for a |
28 | charter school shall be a public official under 65 Pa.C.S. Ch. |
29 | 11 (relating to ethics standards and financial disclosure). A |
30 | violation of this clause shall constitute a violation of 65 |
|
1 | Pa.C.S. § 1103(a) (relating to restricted activities), and the |
2 | violator shall be subject to the penalties imposed under the |
3 | jurisdiction of the State Ethics Commission.] |
4 | (b) A person who serves as an administrator for a charter |
5 | school shall be a public employe for the purposes of 65 Pa.C.S. |
6 | Ch. 11 (relating to ethics standards and financial disclosure) |
7 | and shall file a statement of financial interests for the |
8 | preceding calendar year with the board of trustees no later than |
9 | May 1 of each year that the person holds the position and of the |
10 | year after the person leaves the position. |
11 | (c) (1) No person who serves as an administrator for a |
12 | charter school may receive compensation from another charter |
13 | school, cyber charter school or from an educational management |
14 | service provider, unless: |
15 | (i) The administrator has submitted a sworn statement to the |
16 | charter school board of trustees and the sworn statement details |
17 | the work for the other entity and includes the projected number |
18 | of hours, rate of compensation, and projected duration. |
19 | (ii) The board of trustees has reviewed the sworn statement |
20 | under subsection (i) and agreed by resolution to grant |
21 | permission to the administrator. |
22 | (2) A copy of the sworn statement under clause (1)(i) and |
23 | the resolution by the board of trustees granting the permission |
24 | shall be kept on file with the charter school and the board of |
25 | local school directors. |
26 | (3) No administrator of a charter school or immediate family |
27 | member may serve as a voting member of the board of trustees of |
28 | that person's charter school. |
29 | (4) (i) No administrator of a charter school may |
30 | participate in the selection, award or administration of a |
|
1 | contract if the person has a conflict of interest as that term |
2 | is defined in 65 Pa.C.S. § 1102 (relating to definitions). |
3 | (ii) An administrator who knowingly violates this clause |
4 | commits a violation of 65 Pa.C.S. § 1103(a) (relating to |
5 | restricted activities) and shall be subject to the penalties |
6 | imposed under the jurisdiction of the State Ethics Commission. |
7 | (iii) Any contract made in violation of this clause shall be |
8 | voidable by the board of trustees of the charter school. |
9 | (5) An administrator shall be immediately dismissed upon |
10 | conviction for an offense graded as a felony, an infamous crime, |
11 | an offense pertaining to fraud, theft or mismanagement of public |
12 | funds or any crime involving moral turpitude. |
13 | Section 7. Section 1716-A(c) of the act, added June 19, 1997 |
14 | (P.L.225, No.22), is amended and the section is amended by |
15 | adding subsections to read: |
16 | Section 1716-A. Powers of Board of Trustees.--* * * |
17 | (b.1) (1) For a charter school chartered after the |
18 | effective date of this subsection, an individual shall be |
19 | prohibited from serving as a voting member of the board of |
20 | trustees of the charter school if the individual or an immediate |
21 | family member receives compensation from or is employed by or is |
22 | a board member of the local board of school directors who |
23 | participated in the initial review, approval, oversight, |
24 | evaluation or renewal process of the charter school chartered by |
25 | that board. |
26 | (2) An employee of the school district that chartered the |
27 | charter school may serve as a member of the board of trustees |
28 | without voting privileges. |
29 | (b.2) (1) No member of the board of trustees of a charter |
30 | school may participate in the selection, award or administration |
|
1 | of any contract if the member has a conflict of interest as that |
2 | term is defined in 65 Pa.C.S. § 1102 (relating to definitions). |
3 | (2) Any member of the board of trustees who in the discharge |
4 | of the person's official duties would be required to vote on a |
5 | matter that would result in a conflict of interest shall abstain |
6 | from voting and follow the procedures required under 65 Pa.C.S. |
7 | § 1103(j) (relating to restricted activities). |
8 | (3) A member of the board of trustees who knowingly violates |
9 | this subsection commits a violation of 65 Pa.C.S. § 1103(a) and |
10 | shall be subject to the penalties imposed under the jurisdiction |
11 | of the State Ethics Commission. |
12 | (4) A contract made in violation of this subsection shall be |
13 | voidable by a court of competent jurisdiction, if the suit is |
14 | commenced within 90 days of the making of the contract. |
15 | (b.3) A member of the board of trustees of a charter school |
16 | shall be automatically disqualified and immediately removed from |
17 | the board upon conviction for an offense graded as a felony, an |
18 | infamous crime, an offense pertaining to fraud, theft or |
19 | mismanagement of public funds, any offense pertaining to his |
20 | official capacity as a board member or any crime involving moral |
21 | turpitude. |
22 | (c) The board of trustees shall comply with [the act of July |
23 | 3, 1986 (P.L.388, No.84), known as the "Sunshine Act."] 65 |
24 | Pa.C.S. Ch. 7 (relating to open meetings). |
25 | (d) (1) (i) The board of trustees of a charter school |
26 | shall consist of a minimum of five nonrelated voting members. |
27 | (ii) If a charter school has fewer than five nonrelated |
28 | voting members serving on its board on the effective date of |
29 | this section, the charter school shall have 60 days to appoint |
30 | additional members to the board to meet the minimum requirements |
|
1 | of this section. |
2 | (2) Within one year of the effective date of this |
3 | subsection, at least one member of the board of trustees of a |
4 | charter school shall be a parent of a child currently attending |
5 | the charter school. The board member shall be eligible to serve |
6 | only so long as the child is attending the charter school. |
7 | (e) (1) A majority of the voting members of the board of |
8 | trustees shall constitute a quorum. If less than a majority is |
9 | present at any meeting, no business may be transacted at the |
10 | meeting. |
11 | (2) The affirmative vote of a majority of all the voting |
12 | members of the board of trustees, duly recorded, shall be |
13 | required in order to take action on the subjects enumerated |
14 | under subsection (a). |
15 | (3) All meetings shall be subject to 65 Pa.C.S. Ch. 7. |
16 | (f) (1) If a member of the board of trustees refuses or |
17 | neglects to perform any duty under this article, at least 25 |
18 | individuals who are parents or guardians of students of the |
19 | charter school may present a petition in writing of the refusal |
20 | or neglect, verified by oath or affirmation, to the court of |
21 | common pleas in the county in which the charter school or |
22 | regional charter school building is located or, in the case of a |
23 | cyber charter school, to the Commonwealth Court. The petition |
24 | shall state the facts regarding the board member. |
25 | (2) The court shall grant a rule upon the member of the |
26 | board of trustees, returnable in not less than ten days nor more |
27 | than 20 days from the date of issue, to show cause why the |
28 | member should not be removed from the board. The member shall |
29 | have at least five days' notice of the granting of the rule. |
30 | (3) On or before the return day of the rule, the member or |
|
1 | members, individually or jointly, shall file in writing their |
2 | answer or answers to the petition, under oath. |
3 | (4) If the facts stated in the petition, or any material |
4 | part of the petition, are denied, the court shall conduct a |
5 | hearing on the petition. |
6 | (5) (i) If, after the hearing or if no answer is timely |
7 | filed denying the facts stated in the petition, the court finds |
8 | that any duty imposed on the members required under this article |
9 | has not been done or has been neglected by them, the court may |
10 | remove the member or members and shall direct the local board of |
11 | school directors to appoint other qualified persons to serve for |
12 | the duration of the removed members' unexpired terms, subject to |
13 | this article. |
14 | (ii) The court shall impose the cost of the proceedings upon |
15 | the petitioners, the members of the board of trustees, the local |
16 | board of school directors, or may apportion the cost among them. |
17 | (6) Any person removed as a member of the board of trustees |
18 | of a charter school under this section shall not be eligible |
19 | again as a board member for a period of five years from the |
20 | removal. |
21 | Section 7.1. Section 1717-A(b), (c), (d), (e), (f), and (i) |
22 | of the act, added July 19, 1997 (P.L.225, No.22), are amended to |
23 | read: |
24 | Section 1717-A. Establishment of Charter School.--* * * |
25 | (b) [(1) The conversion of an existing public school or |
26 | portion of an existing public school to a charter school may be |
27 | initiated by any individual or entity authorized to establish a |
28 | charter school under subsection (a). |
29 | (2) In order to convert an existing public school to a |
30 | charter school, the applicants must show that: |
|
1 | (i) More than fifty per centum of the teaching staff in the |
2 | public school have signed a petition in support of the public |
3 | school becoming a charter school; and |
4 | (ii) More than fifty per centum of the parents or guardians |
5 | of pupils attending that public school have signed a petition in |
6 | support of the school becoming a charter school. |
7 | (3) In no event shall the board of school directors serve as |
8 | the board of trustees of an existing school which is converted |
9 | to a charter school pursuant to this subsection.] |
10 | (4) A charter school may be established by converting an |
11 | existing public school building or a portion of an existing |
12 | public school building. The conversion shall be initiated by the |
13 | school district where the existing public school is located. |
14 | There shall be no limit on the number of public schools in a |
15 | school district that can be converted to a charter school. |
16 | (5) The local board of school directors, the special board |
17 | of control established under section 692 or the School Reform |
18 | Commission established under section 696 that desires to convert |
19 | an existing public school building or a portion of an existing |
20 | public school building to a charter school may designate and |
21 | approve by majority vote the existing public school building or |
22 | portion of an existing public school building that it seeks to |
23 | convert to a charter school. |
24 | (6) (i) Applications for the charter school shall be |
25 | solicited through a competitive request for proposal process |
26 | initiated by the local board of school directors, the special |
27 | board of control established under section 692 or the School |
28 | Reform Commission established under section 696. The content and |
29 | dissemination of the request for proposal must be consistent |
30 | with the purpose and the requirements of this article. The local |
|
1 | board of school directors, the special board of control |
2 | established under section 692 or the School Reform Commission |
3 | established under section 696 may accept applications by any |
4 | individual or entity authorized to establish a charter school |
5 | under subsection (a) to operate the converted charter school. |
6 | (ii) The local board of directors, the special board of |
7 | control established under section 692 or the School Reform |
8 | Commission established under section 696 shall evaluate each |
9 | submitted proposal in a public manner. Once selected, the local |
10 | board of school directors, the special board of control |
11 | established under section 692 or the School Reform Commission |
12 | established under section 696 must: |
13 | (A) Explain how and why the proposal was selected; |
14 | (B) Provide evidence, if available, of the provider's |
15 | success in serving student populations similar to the targeted |
16 | population, including demonstrated academic achievement as well |
17 | as successful management of nonacademic school functions if |
18 | applicable. |
19 | (7) No member of the local board of school directors, the |
20 | special board of control established under section 692 or the |
21 | school reform committee established under section 696 may serve |
22 | on the board of trustees of an existing school which is |
23 | converted to a charter school under this subsection. |
24 | (8) This article shall apply to an existing public school |
25 | building or a portion of an existing public school building |
26 | converted to a charter school. |
27 | (9) In the case of an existing school being converted to a |
28 | charter school, the local board of school directors, the special |
29 | board of control established under section 692 or the School |
30 | Reform Commission established under section 696 shall establish |
|
1 | the alternative arrangements for current students who choose not |
2 | to attend the charter school. |
3 | (c) An application to establish a charter school shall be |
4 | submitted to the local board of school directors of the district |
5 | where the charter school will be located by [November 15] |
6 | October 1 of the school year preceding the school year in which |
7 | the charter school will be established except that for a charter |
8 | school beginning in the 1997-1998 school year, an application |
9 | must be received by July 15, 1997. In the 1997-1998 school year |
10 | only, applications shall be limited to recipients of fiscal year |
11 | 1996-1997 Department of Education charter school planning |
12 | grants. |
13 | (d) Within forty-five (45) days of receipt of an |
14 | application, the local board of school directors in which the |
15 | proposed charter school is to be located shall hold at least one |
16 | public hearing on the provisions of the charter application, |
17 | under [the act of July 3, 1986 (P.L.388, No.84), known as the |
18 | "Sunshine Act."] 65 Pa.C.S. Ch. 7 (relating to open meetings). |
19 | At least forty-five (45) days must transpire between the first |
20 | public hearing and the final decision of the board on the |
21 | charter application except that for a charter school beginning |
22 | in the 1997-1998 school year, only thirty (30) days must |
23 | transpire between the first public hearing and the final |
24 | decision of the board. |
25 | (e) (1) Not later than seventy-five (75) days after the |
26 | first public hearing on the application, the local board of |
27 | school directors shall grant or deny the application. For a |
28 | charter school beginning in the 1997-1998 school year, the local |
29 | board of school directors shall grant or deny the application no |
30 | later than sixty (60) days after the first public hearing. |
|
1 | (2) A charter school application submitted under this |
2 | article shall be evaluated by the local board of school |
3 | directors based on criteria, including, but not limited to, the |
4 | following: |
5 | (i) The demonstrated, sustainable support for the charter |
6 | school plan by teachers, parents, other community members and |
7 | students, including comments received at the public hearing held |
8 | under subsection (d). |
9 | (ii) The capability of the charter school applicant, in |
10 | terms of support and planning, to provide comprehensive learning |
11 | experiences to students pursuant to the adopted charter. |
12 | (iii) The extent to which the application considers the |
13 | information requested in section 1719-A and conforms to the |
14 | legislative intent outlined in section 1702-A. |
15 | [(iv) The extent to which the charter school may serve as a |
16 | model for other public schools.] |
17 | (3) The local board of school directors, in the case of an |
18 | existing school being converted to a charter school, shall |
19 | establish the alternative arrangements for current students who |
20 | choose not to attend the charter school. |
21 | (4) A charter application shall be deemed approved by the |
22 | local board of school directors of a school district upon |
23 | affirmative vote by a majority of all the directors. Formal |
24 | action approving or denying the application shall be taken by |
25 | the local board of school directors at a public meeting, with |
26 | notice or consideration of the application given by the board, |
27 | under [the "Sunshine Act."] 65 Pa.C.S. Ch. 7. |
28 | (5) Written notice of the board's action shall be sent to |
29 | the applicant, the department and the appeal board. If the |
30 | application is denied, the reasons for the denial, including a |
|
1 | description of deficiencies in the application, shall be clearly |
2 | stated in the notice sent by the local board of school directors |
3 | to the charter school applicant. |
4 | (f) At the option of the charter school applicant, a denied |
5 | application may be revised and resubmitted to the local board of |
6 | school directors. Following the appointment and confirmation of |
7 | the Charter School Appeal Board under section 1721-A, the |
8 | decision of the local board of school directors may be appealed |
9 | to the appeal board. When an application is revised and |
10 | resubmitted to the local board of school directors, the board |
11 | may schedule additional public hearings on the revised |
12 | application. The board shall consider the revised and |
13 | resubmitted application at the first board meeting occurring at |
14 | least forty-five (45) days after receipt of the revised |
15 | application by the board. For a revised application resubmitted |
16 | for the 1997-1998 school year, the board shall consider the |
17 | application at the first board meeting occurring at least thirty |
18 | (30) days after its receipt. The board shall provide notice of |
19 | consideration of the revised application under [the "Sunshine |
20 | Act."] 65 Pa.C.S. Ch. 7. No appeal from a decision of a local |
21 | school board may be taken until July 1, 1999. |
22 | * * * |
23 | (i) (1) The appeal board shall have the exclusive review of |
24 | an appeal by a charter school applicant, or by the board of |
25 | trustees of an existing charter school, of a decision made by a |
26 | local board of directors not to grant a charter as provided in |
27 | this section. |
28 | [(2) In order for a charter school applicant to be eligible |
29 | to appeal the denial of a charter by the local board of |
30 | directors, the applicant must obtain the signatures of at least |
|
1 | two per centum of the residents of the school district or of one |
2 | thousand (1,000) residents, whichever is less, who are over |
3 | eighteen (18) years of age. For a regional charter school, the |
4 | applicant must obtain the signatures of at least two per centum |
5 | of the residents of each school district granting the charter or |
6 | of one thousand (1,000) residents from each of the school |
7 | districts granting the charter, whichever is less, who are over |
8 | eighteen (18) years of age. The signatures shall be obtained |
9 | within sixty (60) days of the denial of the application by the |
10 | local board of directors in accordance with clause (3). |
11 | (3) Each person signing a petition to appeal denial of a |
12 | charter under clause (2) shall declare that he or she is a |
13 | resident of the school district which denied the charter |
14 | application and shall include his or her printed name; |
15 | signature; address, including city, borough or township, with |
16 | street and number, if any; and the date of signing. All pages |
17 | shall be bound together. Additional pages of the petition shall |
18 | be numbered consecutively. There shall be appended to the |
19 | petition a statement that the local board of directors rejected |
20 | the petition for a charter school, the names of all applicants |
21 | for the charter, the date of denial by the board and the |
22 | proposed location of the charter school. No resident may sign |
23 | more than one petition relating to the charter school |
24 | application within the sixty (60) days following denial of the |
25 | application. The department shall develop a form to be used to |
26 | petition for an appeal. |
27 | (4) Each petition shall have appended thereto the affidavit |
28 | of some person, not necessarily a signer, setting forth all of |
29 | the following: |
30 | (i) That the affiant is a resident of the school district |
|
1 | referred to in the petition. |
2 | (ii) The affiant's residence, giving city, borough or |
3 | township, with street and number, if any. |
4 | (iii) That the signers signed with full knowledge of the |
5 | purpose of the petition. |
6 | (iv) That the signers' respective residences are correctly |
7 | stated in the petition. |
8 | (v) That the signers all reside in the school district. |
9 | (vi) That each signer signed on the date set forth opposite |
10 | the signer's name. |
11 | (vii) That to the best of the affiant's knowledge and |
12 | belief, the signers are residents of the school district. |
13 | (5) If the required number of signatures are obtained within |
14 | sixty (60) days of the denial of the application, the applicant |
15 | may present the petition to the court of common pleas of the |
16 | county in which the charter school would be situated. The court |
17 | shall hold a hearing only on the sufficiency of the petition. |
18 | The applicant and local board of school directors shall be given |
19 | seven (7) days' notice of the hearing. The court shall issue a |
20 | decree establishing the sufficiency or insufficiency of the |
21 | petition. If the petition is sufficient, the decree shall be |
22 | transmitted to the State Charter School Appeal Board for review |
23 | in accordance with this section. Notification of the decree |
24 | shall be given to the applicant and the local board of |
25 | directors.] |
26 | (6) In any appeal, the decision made by the local board of |
27 | directors shall be reviewed by the appeal board on the record as |
28 | certified by the local board of directors. The appeal board |
29 | shall give due consideration to the findings of the local board |
30 | of directors and specifically articulate its reasons for |
|
1 | agreeing or disagreeing with those findings in its written |
2 | decision. The appeal board shall have the discretion to allow |
3 | the local board of directors and the charter school applicant to |
4 | supplement the record if the supplemental information was |
5 | previously unavailable. |
6 | (7) Not later than thirty (30) days after the date of notice |
7 | of the acceptance of the appeal, the appeal board shall meet to |
8 | officially review the certified record. |
9 | (8) Not later than sixty (60) days following the review |
10 | conducted pursuant to clause (6), the appeal board shall issue a |
11 | written decision affirming or denying the appeal. If the appeal |
12 | board has affirmed the decision of the local board of directors, |
13 | notice shall be provided to both parties. |
14 | (9) A decision of the appeal board to reverse the decision |
15 | of the local board of directors shall serve as a requirement for |
16 | the local board of directors of a school district or school |
17 | districts, as appropriate, to grant the application and sign the |
18 | written charter of the charter school as provided for in section |
19 | 1720-A. Should the local board of directors fail to grant the |
20 | application and sign the charter within ten (10) days of notice |
21 | of the reversal of the decision of the local board of directors, |
22 | the charter shall be deemed to be approved and shall be signed |
23 | by the chairman of the appeal board. |
24 | (10) All decisions of the appeal board shall be subject to |
25 | appellate review by the Commonwealth Court. |
26 | Section 8. Section 1719-A of the act, added June 19, 1997 |
27 | (P.L.225, No.22), is amended to read: |
28 | Section 1719-A. Contents of Application.--[An] (a) The |
29 | department shall create a standard application for charter |
30 | school applicants to establish a charter school. The form shall |
|
1 | include all of the following information: |
2 | (1) The identification of the charter applicant. |
3 | (2) The name of the proposed charter school. |
4 | (3) The grade or age levels served by the school. |
5 | (4) [The proposed governance structure of the charter |
6 | school, including a description and method for the appointment |
7 | or election of members of the board of trustees.] An |
8 | organization chart clearly presenting the proposed governance |
9 | structure of the school, including lines of authority and |
10 | reporting between the board of trustees, administrators, staff |
11 | and any educational management service provider that will play a |
12 | role in providing management services to the charter school. |
13 | (4.1) A clear description of the roles and responsibilities |
14 | for the board of trustees, administrators and any other |
15 | entities, including a charter school foundation, shown in the |
16 | organization chart. |
17 | (4.2) A clear description and method for the appointment or |
18 | election of members of the board of trustees. |
19 | (4.3) Standards for board performance, including compliance |
20 | with all applicable laws, regulations and terms of the charter. |
21 | (4.4) If the charter school intends to contract with an |
22 | educational management service provider for services, all of the |
23 | following: |
24 | (i) Evidence of the education management service provider's |
25 | record in serving student populations, including demonstrated |
26 | academic achievement and demonstrated management of nonacademic |
27 | school functions, including proficiency with public school-based |
28 | accounting, if applicable. |
29 | (ii) A term sheet stating all of the following: |
30 | (A) The officers, chief administrator and administrators of |
|
1 | the education management service provider. |
2 | (B) The proposed duration of the service contract. |
3 | (C) Roles and responsibilities of the governing board, the |
4 | school staff and the educational management service provider. |
5 | (D) The scope of services, personnel and resources to be |
6 | provided by the educational management service provider. |
7 | (E) Performance evaluation measures and timelines. |
8 | (F) The compensation structure, including clear |
9 | identification of all fees to be paid to the educational |
10 | management service provider. |
11 | (G) Methods of contract oversight and enforcement. |
12 | (H) Investment disclosure or the advance of moneys by the |
13 | educational management service provider on behalf of the charter |
14 | school. |
15 | (I) Conditions for renewal and termination of the contract. |
16 | (iii) Disclosure and explanation of any existing or |
17 | potential conflicts of interest between the members of the board |
18 | of trustees and the proposed educational management service |
19 | provider or any affiliated business entities, including a |
20 | charter school foundation qualified as a support organization |
21 | under the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
22 | U.S.C. § 1 et seq.). |
23 | (5) The mission and education goals of the charter school, |
24 | the curriculum to be offered and the methods of assessing |
25 | whether students are meeting educational goals. |
26 | (6) The admission policy and criteria for evaluating the |
27 | admission of students which shall comply with the requirements |
28 | of section 1723-A. |
29 | (7) Procedures which will be used regarding the suspension |
30 | or expulsion of pupils. Said procedures shall comply with |
|
1 | section 1318. |
2 | (8) Information on the manner in which community groups will |
3 | be involved in the charter school planning process. |
4 | (9) The financial plan for the charter school and the |
5 | provisions which will be made for auditing the school under |
6 | section 437 and section 1728-A, including the role of any |
7 | charter school foundation. |
8 | (10) Procedures which shall be established to review |
9 | complaints of parents regarding the operation of the charter |
10 | school. |
11 | (11) A description of and address of the physical facility |
12 | in which the charter school will be located and the ownership |
13 | thereof and any lease arrangements. |
14 | (12) Information on the proposed school calendar for the |
15 | charter school, including the length of the school day and |
16 | school year consistent with the provisions of section 1502. |
17 | (13) The proposed faculty, if already determined, and a |
18 | professional development and continuing education plan for the |
19 | faculty and professional staff of a charter school. |
20 | (14) Whether any agreements have been entered into or plans |
21 | developed with the local school district regarding participation |
22 | of the charter school students in extracurricular activities |
23 | within the school district. Notwithstanding any provision to the |
24 | contrary, no school district of residence shall prohibit a |
25 | student of a charter school from participating in any |
26 | extracurricular activity of that school district of residence: |
27 | Provided, That the student is able to fulfill all of the |
28 | requirements of participation in such activity and the charter |
29 | school does not provide the same extracurricular activity. |
30 | (15) A report of criminal history record, pursuant to |
|
1 | section 111, for all individuals identified in the application |
2 | who shall have direct contact with students and a plan for |
3 | satisfying the proper criminal history record clearances |
4 | required for all other staff. |
5 | (16) An official clearance statement regarding child injury |
6 | or abuse from the Department of Public Welfare as required by 23 |
7 | Pa.C.S. Ch. 63 Subch. C.2 (relating to background checks for |
8 | employment in schools) for all individuals identified in the |
9 | application who shall have direct contact with students and a |
10 | plan for satisfying the proper official clearance statement |
11 | regarding child injury or abuse required for all other staff. |
12 | (17) How the charter school will provide adequate liability |
13 | and other appropriate insurance for the charter school, its |
14 | employes and the board of trustees of the charter school. |
15 | (18) Policies regarding truancy, absences and withdrawal of |
16 | students, including the manner in which the charter school will |
17 | monitor attendance consistent with section 1715-A(a)(9). |
18 | (19) How the charter school will meet the standards included |
19 | in the performance matrix developed by the department under |
20 | section 1732-A(c)(3). |
21 | (20) Indicate whether or not the charter school will seek |
22 | accreditation by a nationally recognized accreditation agency, |
23 | including the Middle States Association of Colleges and Schools |
24 | or another regional institutional accrediting agency recognized |
25 | by the United States Department of Education or an equivalent |
26 | federally recognized body for charter school education. |
27 | (b) A local board of school directors may not impose |
28 | additional terms, develop its own application or require |
29 | additional information outside the standard application form |
30 | required under subsection (a). |
|
1 | Section 9. Section 1720-A of the act, amended July 9, 2008 |
2 | (P.L.846, No.61), is amended to read: |
3 | Section 1720-A. Term and Form of Charter.--(a) Upon |
4 | approval of a charter application under section 1717-A, a |
5 | written charter shall be developed which shall contain the |
6 | provisions of the charter application and which shall be signed |
7 | by the local board of school directors of a school district, by |
8 | the local boards of school directors of a school district in the |
9 | case of a regional charter school or by the chairman of the |
10 | appeal board pursuant to section [1717-A(i)(5)] 1717-A(i) and |
11 | the board of trustees of the charter school. This written |
12 | charter, when duly signed by the local board of school directors |
13 | of a school district, or by the local boards of school directors |
14 | of a school district in the case of a regional charter school, |
15 | and the charter school's board of trustees, shall act as legal |
16 | authorization for the establishment of a charter school. This |
17 | written charter shall be legally binding on both the local board |
18 | of school directors of a school district and the charter |
19 | school's board of trustees. [Except as otherwise provided in |
20 | subsection (b), the] The charter shall be for a period of [no |
21 | less than three (3) nor more than] five (5) years and may be |
22 | renewed for [five (5)] ten (10) year periods upon |
23 | reauthorization by the local board of school directors of a |
24 | school district or the appeal board. A charter will be granted |
25 | only for a school organized as a public, nonprofit corporation. |
26 | (b) [(1) Notwithstanding subsection (a), a governing board |
27 | of a school district of the first class may renew a charter for |
28 | a period of one (1) year if the board of school directors |
29 | determines that there is insufficient data concerning the |
30 | charter school's academic performance to adequately assess that |
|
1 | performance and determines that an additional year of |
2 | performance data would yield sufficient data to assist the |
3 | governing board in its decision whether to renew the charter for |
4 | a period of five (5) years. |
5 | (2) A one-year renewal pursuant to paragraph (1) shall not |
6 | be considered an adjudication and may not be appealed to the |
7 | State Charter School Appeal Board. |
8 | (3) A governing board of a school district of the first |
9 | class does not have the authority to renew a charter for |
10 | successive one (1) year periods.] (Reserved). |
11 | (c) (1) A charter school may request amendments to its |
12 | approved written charter by filing a written document describing |
13 | the requested amendment to the local board of school directors. |
14 | (2) Within twenty (20) days of its receipt of the request |
15 | for an amendment, the local board of school directors shall hold |
16 | a public hearing on the requested amendment under 65 Pa.C.S. Ch. |
17 | 7 (relating to open meetings). |
18 | (3) Within twenty (20) days after the hearing, the local |
19 | board of school directors shall grant or deny the requested |
20 | amendment. Failure by the local board of school directors to |
21 | hold a public hearing and to grant or deny the amendments within |
22 | the time period specified shall be deemed a denial. |
23 | (4) An applicant for an amendment shall have the right to |
24 | appeal the denial of a requested amendment to the appeal board |
25 | provided for under section 1721-A. |
26 | Section 10. Section 1721-A(a) and (e) of the act, added June |
27 | 19, 1997 (P.L.225, No.22), are amended to read: |
28 | Section 1721-A. State Charter School Appeal Board.--(a) The |
29 | State Charter School Appeal Board shall consist of the Secretary |
30 | of Education and [six (6)] the following members who shall be |
|
1 | appointed by the Governor by and with the consent of a majority |
2 | of all the members of the Senate. [Appointments by the Governor |
3 | shall not occur prior to January 1, 1999.] The Governor shall |
4 | select the chairman of the appeal board to serve at the pleasure |
5 | of the Governor. The members shall include: |
6 | (1) A parent of a school-aged child enrolled at a charter |
7 | school or cyber charter school. |
8 | (2) A school board member. |
9 | (3) A certified teacher actively employed in a public |
10 | school. |
11 | (4) A faculty member or administrative employe of an |
12 | institution of higher education. |
13 | (5) A member of the business community. |
14 | (6) A member of the State Board of Education. |
15 | (7) An administrator of a charter school or cyber charter |
16 | school. |
17 | (8) A member of the board of trustees of a charter school or |
18 | cyber charter school. |
19 | The term of office of members of the appeal board, other than |
20 | the secretary, shall be for a period of four (4) years or until |
21 | a successor is appointed and qualified, except that, of the |
22 | initial appointees, the Governor shall designate two (2) members |
23 | to serve terms of two (2) years, two (2) members to serve terms |
24 | of three (3) years and two (2) members to serve terms of four |
25 | (4) years. A parent member appointed under subsection (a)(1) |
26 | shall serve a term of four (4) years as long as the member's |
27 | child remains enrolled in the charter school or cyber charter |
28 | school. Any appointment to fill any vacancy shall be for the |
29 | period of the unexpired term or until a successor is appointed |
30 | and qualified. |
|
1 | * * * |
2 | (e) Meetings of the appeal board shall be conducted under |
3 | [the act of July 3, 1986 (P.L.388, No.84), known as the |
4 | "Sunshine Act."] 65 Pa.C.S. Ch. 7 (relating to open meetings). |
5 | Documents of the appeal board shall be subject to the act of |
6 | [June 21, 1957 (P.L.390, No.212), referred to as] the "Right-to- |
7 | Know Law." |
8 | Section 10.1. Section 1722-A of the act, amended November |
9 | 17, 2010 (P.L.966, No.104), is amended to read: |
10 | Section 1722-A. Facilities.--(a) A charter school may be |
11 | located in an existing public school building, in a part of an |
12 | existing public school building, in space provided on a |
13 | privately owned site, in a public building or in any other |
14 | suitable location. |
15 | (b) The charter school facility shall be exempt from public |
16 | school facility regulations except those pertaining to the |
17 | health or safety of [the pupils] students. |
18 | (d) Notwithstanding any other provision of this act, a |
19 | school district [of the first class] may, in its discretion, |
20 | permit a charter school to operate its school at more than one |
21 | location. |
22 | (e) (1) Notwithstanding the provisions of section 204 of |
23 | the act of May 22, 1933 (P.L.853, No.155), known as The General |
24 | County Assessment Law, all school property, real and personal, |
25 | owned by any charter school, cyber charter school or an |
26 | associated nonprofit foundation, or owned by a nonprofit |
27 | corporation, associated nonprofit corporation or nonprofit |
28 | foundation and leased to a charter school, cyber charter school |
29 | [or], associated nonprofit foundation or associated nonprofit |
30 | corporation at or below fair market value, that is occupied and |
|
1 | used by any charter school or cyber charter school for public |
2 | school, recreation or any other purposes provided for by this |
3 | act, shall be made exempt from every kind of State, county, |
4 | city, borough, township or other real estate tax, including |
5 | payments in lieu of taxes established through agreement with the |
6 | Commonwealth or any local taxing authority, as well as from all |
7 | costs or expenses for paving, curbing, sidewalks, sewers or |
8 | other municipal improvements, Provided, That any charter school |
9 | or cyber charter school or owner of property leased to a charter |
10 | school or cyber charter school may make a municipal improvement |
11 | in a street on which its school property abuts or may contribute |
12 | a sum toward the cost of the improvement. |
13 | (2) Any agreement entered into by a charter school, cyber |
14 | charter school [or], associated nonprofit foundation or |
15 | associated nonprofit corporation with the Commonwealth or a |
16 | local taxing authority for payments in lieu of taxes prior to |
17 | December 31, 2009, shall be null and void. |
18 | (3) This subsection shall apply retroactively to all charter |
19 | schools, cyber charter schools [and], associated nonprofit |
20 | foundations and associated nonprofit corporations that filed an |
21 | appeal from an assessment, as provided in Article V of The |
22 | General County Assessment Law, prior to the effective date of |
23 | this subsection and until such time as a final order has been |
24 | entered. |
25 | (4) For purposes of this subsection, "local taxing |
26 | authority" shall include, but not be limited to, a county, city, |
27 | borough, incorporated town, township or school district. |
28 | (f) (1) Alcoholic beverages shall not be available for |
29 | consumption, purchase or sale in any charter school or cyber |
30 | charter school facility. |
|
1 | (2) If the local board of school directors reasonably |
2 | believes that alcoholic beverages have been made available for |
3 | consumption, purchase or sale in any charter school or cyber |
4 | charter school facility, the local board of school directors |
5 | shall notify the department, which shall order the following |
6 | forfeitures against the charter school or cyber charter school: |
7 | (i) A fine of $1,000 for the first violation. |
8 | (ii) A fine of $5,000 for the second or subsequent |
9 | violation. |
10 | (3) The charter school or cyber charter school may appeal |
11 | the order of the secretary under 2 Pa.C.S. Chs. 5 (relating to |
12 | practice and procedure) and 7 (relating to judicial review). |
13 | Section 11. Section 1723-A(a) and (d) of the act, amended or |
14 | added June 26, 1999 (P.L.394, No.22) and July 9, 2008 (P.L.846, |
15 | No.61), are amended and the section is amended by adding |
16 | subsections to read: |
17 | Section 1723-A. Enrollment.--(a) All resident children in |
18 | this Commonwealth qualify for admission to a charter school |
19 | within the provisions of subsection (b). If more students apply |
20 | to the charter school than the number of attendance slots |
21 | available in the school, then students must be selected on a |
22 | random basis from a pool of qualified applicants meeting the |
23 | established eligibility criteria and submitting an application |
24 | by the deadline established by the charter school, except that |
25 | the charter school may give preference in enrollment to a child |
26 | of a parent who has actively participated in the development of |
27 | the charter school [and], to siblings of students presently |
28 | enrolled in the charter school and to siblings of students |
29 | selected for enrollment during the lottery process. First |
30 | preference shall be given to students who reside in the district |
|
1 | or districts. |
2 | * * * |
3 | (d) (1) Enrollment of students in a charter school or cyber |
4 | charter school shall not be subject to a cap or otherwise |
5 | limited by any past or future action of a board of school |
6 | directors, a board of control established under Article XVII-B, |
7 | a special board of control established under section 692 or any |
8 | other governing authority[, unless agreed to by the charter |
9 | school or cyber charter school as part of a written charter |
10 | pursuant to section 1720-A]. |
11 | (2) The provisions of this subsection shall apply to a |
12 | charter school or cyber charter school regardless of whether the |
13 | charter was approved prior to or is approved subsequent to the |
14 | effective date of this subsection. |
15 | (e) (1) Within ten (10) days of enrollment of a student to |
16 | a charter school, the school shall notify the student's school |
17 | district of residence of the enrollment through the use of a |
18 | notification form developed by the department. The notification |
19 | shall include: |
20 | (i) The name, home address and mailing address of the |
21 | student. |
22 | (ii) The grade in which the student is being enrolled. |
23 | (iii) The date the student will be enrolled. |
24 | (iv) The name and address of the charter school and the name |
25 | and telephone number of a contact person able to provide |
26 | information regarding the school. |
27 | (v) The signature of the parent or legal guardian of the |
28 | student and an authorized representative of the charter school. |
29 | (2) If a school district that has received notice under |
30 | clause (1) determines that it is not the school district of |
|
1 | residence for the student, the following apply: |
2 | (i) Within ten (10) days of receipt of the notice, the |
3 | school district shall notify the charter school and the |
4 | department that the school district is not the school district |
5 | of residence for the student. Notification of nonresidence shall |
6 | include the basis for the determination. |
7 | (ii) Within seven (7) days of notification under subclause |
8 | (i), the charter school shall review the notification of |
9 | nonresidence, respond to the school district and provide a copy |
10 | of the response to the department. If the charter school agrees |
11 | that the school district is not the school district of residence |
12 | for the student, it shall determine the proper school district |
13 | of residence for the student. |
14 | (iii) Within seven (7) days of receipt of a response under |
15 | subclause (ii), the school district shall notify the charter |
16 | school that it agrees or does not agree with the school's |
17 | determination. |
18 | (iv) A school district that has notified the charter school |
19 | that it does not agree shall appeal to the department for a |
20 | final determination. |
21 | (v) Decisions of the department regarding the school |
22 | district of residence of a student shall be subject to review by |
23 | the Commonwealth Court. |
24 | (vi) The secretary shall continue to make payments to a |
25 | charter school under section 1725-A during the time in which the |
26 | school district of residence of a student is in dispute. |
27 | (vii) If a final determination is made that a student is not |
28 | a resident of an appealing school district, the charter school |
29 | shall return all funds provided on behalf of that student to the |
30 | school district of residence within 30 days. |
|
1 | (3) (i) Within ten (10) days of receipt of the notification |
2 | form, the school district of residence shall provide the charter |
3 | school with all records relating to the student, including |
4 | transcripts, test scores and a copy of any individualized |
5 | education program for that student. |
6 | (ii) If a school district of residence fails to provide the |
7 | student's record within thirty (30) days after receiving the |
8 | documentation from the charter school, the secretary shall |
9 | deduct and pay to the charter school the estimated amount, as |
10 | documented by the charter school, from all State payments made |
11 | to the district, or, if no payments have been made to the |
12 | district, from all State payments reasonably expected to be |
13 | made, after receipt of documentation from the charter school. |
14 | (iii) The district from which the estimated payment has been |
15 | deducted may request a hearing from the department which the |
16 | secretary shall hold within thirty (30) days of the request. |
17 | (iv) The secretary shall render a decision after the hearing |
18 | and shall not delegate this duty unless there is a conflict from |
19 | which the secretary must recuse himself after full disclosure. |
20 | (v) The district shall be liable for reasonable legal fees |
21 | incurred by a charter school in attempting to obtain student |
22 | records. |
23 | (vi) Supersedeas shall not be granted to the department or |
24 | the school district. |
25 | (vii) Absent a court order, the department shall not hold |
26 | any payments in escrow. |
27 | (f) The charter school and parent or legal guardian of a |
28 | student enrolled in the school shall provide written |
29 | notification to the student's school district of residence |
30 | within ten (10) days after withdrawal of a student from the |
|
1 | charter school. |
2 | Section 12. Section 1725-A(a) of the act, amended June 29, |
3 | 2002 (P.L.524, No.88), is amended to read: |
4 | Section 1725-A. Funding for Charter Schools.--(a) Funding |
5 | for a charter school shall be provided in the following manner: |
6 | (1) There shall be no tuition charge for a resident or |
7 | nonresident student attending a charter school. |
8 | (2) (i) For non-special education students, the charter |
9 | school shall receive for each student enrolled no less than the |
10 | budgeted total expenditure per average daily membership of the |
11 | prior school year, as defined in section 2501(20), minus the |
12 | budgeted expenditures of the district of residence for nonpublic |
13 | school programs; adult education programs; community/junior |
14 | college programs; student transportation services; for special |
15 | education programs; facilities acquisition, construction and |
16 | improvement services; and other financing uses, including debt |
17 | service and fund transfers as provided in the Manual of |
18 | Accounting and Related Financial Procedures for Pennsylvania |
19 | School Systems established by the department. |
20 | (ii) This amount shall be paid by the district of residence |
21 | of each student[.] by deduction and transfer from all State |
22 | payments to the district as provided under clause (5). |
23 | (iii) If a charter school disputes the accuracy of a |
24 | district's calculation under this section, the charter school |
25 | shall file a notice of the dispute with the secretary, who shall |
26 | hold a hearing to determine the accuracy of the district's |
27 | calculation within thirty (30) days of the notice. The secretary |
28 | shall determine the accuracy of the district's calculation |
29 | within thirty (30) days of the hearing. The district shall bear |
30 | the burden of production and proof with respect to its |
|
1 | calculation under this section. |
2 | (iv) All decisions of the secretary under this section shall |
3 | be subject to appellate review by the Commonwealth Court. |
4 | (3) (i) For special education students, the charter school |
5 | shall receive for each student enrolled the same funding as for |
6 | each non-special education student as provided in clause (2), |
7 | plus an additional amount determined by dividing the district of |
8 | residence's total special education expenditure by the product |
9 | of multiplying the combined percentage of section 2509.5(k) |
10 | times the district of residence's total average daily membership |
11 | for the prior school year. |
12 | (ii) This amount shall be paid by the district of residence |
13 | of each student[.] by deduction and transfer from all State |
14 | payments to the district as provided in clause (5). |
15 | (iii) If a charter school disputes the accuracy of a |
16 | district's calculation under this section, the charter school |
17 | shall file a notice of the dispute with the secretary, who shall |
18 | hold a hearing to determine the accuracy of the district's |
19 | calculation within thirty (30) days of the notice. The secretary |
20 | shall determine the accuracy of the district's calculation |
21 | within thirty (30) days of the hearing. The district shall bear |
22 | the burden of production and proof with respect to its |
23 | calculation under this section. |
24 | (iv) All decisions of the secretary under this section shall |
25 | be subject to appellate review by the Commonwealth Court. |
26 | (4) (i) A charter school may request the intermediate unit |
27 | or school district in which the charter school is located to |
28 | provide services to assist the charter school to address the |
29 | specific needs of non-special education and exceptional |
30 | students. The intermediate unit or school district shall assist |
|
1 | the charter school and bill the charter school for the services. |
2 | The intermediate unit may not charge the charter school more for |
3 | any service than it charges the constituent districts of the |
4 | intermediate unit. |
5 | (ii) Nothing in this section shall be construed to preclude |
6 | an intermediate unit or school district from contracting with a |
7 | charter school to provide the intermediate unit or school |
8 | district with services to assist the intermediate unit or school |
9 | district to address specific needs of non-special education and |
10 | exceptional students. |
11 | (5) (i) Payments shall be made to the charter school in |
12 | twelve (12) equal monthly payments, by the fifth day of each |
13 | month, within the operating school year. [A student enrolled in |
14 | a charter school shall be included in the average daily |
15 | membership of the student's district of residence for the |
16 | purpose of providing basic education funding payments and |
17 | special education funding pursuant to Article XXV. If a school |
18 | district fails to make a payment to a charter school as |
19 | prescribed in this clause, the secretary shall deduct the |
20 | estimated amount, as documented by the charter school, from any |
21 | and all State payments made to the district after receipt of |
22 | documentation from the charter school.] |
23 | (ii) Payments shall be made by the secretary deducting and |
24 | paying to the charter school the estimated amount, as documented |
25 | by the charter school, from all State payments made to the |
26 | district, or, if no payments have been made to the district, |
27 | from all State payments reasonably expected to be made, after |
28 | receipt of documentation from the school as to its enrollment. |
29 | (iii) The secretary's obligation to make payments under this |
30 | section is mandatory and ministerial. |
|
1 | (iv) If there are insufficient State payments being made to |
2 | a district to cover all charter school deductions and transfers, |
3 | the district shall pay the unpaid balance directly to the |
4 | charter school by the 15th day of each month. |
5 | (v) A student enrolled in a charter school shall be included |
6 | in the average daily membership of the student's school district |
7 | of residence for the purpose of providing basic education |
8 | funding payments and special education funding under Article |
9 | XXV. |
10 | (6) (i) Within thirty (30) days after the secretary makes |
11 | the deduction described in clause (5), a school district may |
12 | notify the secretary that the deduction made from State payments |
13 | to the district under this subsection is inaccurate. The |
14 | secretary shall provide the school district with an opportunity |
15 | to be heard concerning whether the charter school documented |
16 | that its students were enrolled in the charter school, the |
17 | period of time during which each student was enrolled, the |
18 | school district of residence of each student and whether the |
19 | amounts deducted from the school district were accurate. |
20 | (ii) The burden of proof and production at the hearing shall |
21 | be on the school district. |
22 | (iii) No hearing shall be held before the secretary deducts |
23 | and transfers to the charter school the amount estimated by the |
24 | charter school. |
25 | (iv) All decisions of the secretary under this section shall |
26 | be subject to appellate review by the Commonwealth Court. |
27 | (v) Supersedeas shall not be granted to the secretary or any |
28 | party to the proceeding on an appeal from the decision of the |
29 | secretary under this section. |
30 | (vi) Absent a court order, the secretary shall not hold any |
|
1 | payments in escrow. |
2 | * * * |
3 | Section 13. Section 1728-A(a) of the act, added June 19, |
4 | 1999 (P.L.225, No.22), is amended and the section is amended by |
5 | adding subsections to read: |
6 | Section 1728-A. Annual Reports and Assessments.--(a) (1) |
7 | The local board of school directors shall annually assess |
8 | whether each charter school is meeting the goals of its charter |
9 | and shall conduct a comprehensive review prior to granting a |
10 | [five (5)] ten (10) year renewal of the charter. The local board |
11 | of school directors shall have ongoing access to the records and |
12 | facilities of the charter school to ensure that the charter |
13 | school is in compliance with its charter and this act and that |
14 | requirements for testing, civil rights and student health and |
15 | safety are being met. |
16 | (2) Ongoing access to a charter school's records shall mean |
17 | that the local board of school directors shall have access to |
18 | records such as financial reports, financial audits, aggregate |
19 | standardized test scores without student identifying information |
20 | and teacher certification and personnel records. |
21 | (3) Schools and school entities shall comply fully with the |
22 | requirements of the Family Educational Rights and Privacy Act of |
23 | 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and associated |
24 | regulations. No personally identifiable information from |
25 | education records shall be provided by the charter school to the |
26 | school district except in compliance with the Family Educational |
27 | Rights and Privacy Act of 1974. |
28 | * * * |
29 | (d) A charter school shall form an independent audit |
30 | committee of its board members which shall review at the close |
|
1 | of each fiscal year a complete certified audit of the operations |
2 | of the charter school. The audit shall be conducted by a |
3 | qualified independent certified public accountant. The audit |
4 | shall be conducted under generally accepted audit standards of |
5 | the Governmental Accounting Standards Board and shall include |
6 | the following: |
7 | (1) An enrollment test to verify the accuracy of student |
8 | enrollment and reporting to the State. |
9 | (2) Full review of expense reimbursements for board members |
10 | and administrators, including sampling of all reimbursements. |
11 | (3) Review of internal controls, including review of |
12 | receipts and disbursements. |
13 | (4) Review of annual Federal and State tax filings, |
14 | including the Internal Revenue Service Code Form 990, Return of |
15 | Organization Exempt from Income Tax and all related schedules |
16 | and appendices for the charter school and charter school |
17 | foundation, if applicable. |
18 | (5) Review of the financial statements of any charter school |
19 | foundation that shall be included in the independent audit. |
20 | (6) Review the selection and acceptance process of all |
21 | contracts publicly bid pursuant to section 751. |
22 | (7) Review of all board policies and procedures with regard |
23 | to internal controls, code of ethics, conflicts of interest, |
24 | whistle-blower protections, complaints from parents or the |
25 | public, compliance with 65 Pa.C.S. Ch. 7 (relating to open |
26 | meetings), compliance with the "Right-to-Know Law," finances, |
27 | budgeting, audits, public bidding and bonding. |
28 | (e) The certified audit under subsection (d) and the annual |
29 | budget under subsection (g) are public documents and shall be |
30 | made available on the school district's publicly accessible |
|
1 | Internet website and the charter school's publicly accessible |
2 | Internet website, if applicable. |
3 | (f) A charter school may be subject to an annual audit by |
4 | the Auditor General, in addition to any other audits required by |
5 | Federal law or this article. |
6 | (g) A charter school shall annually provide the school |
7 | district and the department with a copy of the annual budget for |
8 | the operation of the school that identifies the following: |
9 | (1) The source of funding for all expenditures as part of |
10 | its reporting under subsection (a). |
11 | (2) Where funding is provided by a charter school |
12 | foundation, the amount of funds and a description of the use of |
13 | the funds. |
14 | (3) The salaries of all administrators of the charter |
15 | school. |
16 | (h) (1) Notwithstanding any other provision of law, the |
17 | charter school and any affiliated charter school foundations |
18 | shall make copies of its annual Federal and State tax filings |
19 | available upon request and on the foundation's or school's |
20 | publicly accessible Internet website, if applicable, including |
21 | Internal Revenue Service Code Form 990, Return of Organization |
22 | Exempt from Income Tax and all related schedules and appendices. |
23 | (2) The charter school foundation shall also make copies of |
24 | its annual budget available upon request and on the foundation's |
25 | or the school's publicly accessible Internet website within |
26 | thirty (30) days of the close of the foundation's fiscal year. |
27 | (3) The annual budget shall include the salaries of all |
28 | employes of the charter school foundation. |
29 | Section 14. Section 1729-A(a), (b) and (c) of the act, added |
30 | June 19, 1997 (P.L.225, No.22), are amended to read: |
|
1 | Section 1729-A. Causes for Nonrenewal or Termination.--(a) |
2 | During the term of the charter or at the end of the term of the |
3 | charter, the local board of school directors may choose to |
4 | revoke or not to renew the charter based on any of the |
5 | following: |
6 | (1) One or more material violations of any of the |
7 | conditions, standards or procedures contained in the written |
8 | charter signed pursuant to section 1720-A. |
9 | (2) Failure to meet the requirements for student performance |
10 | set forth in 22 Pa. Code Ch. [5 (relating to curriculum)] 4 |
11 | (relating to academic standards and assessments) or subsequent |
12 | regulations promulgated to replace 22 Pa. Code Ch. [5] 4 or |
13 | failure to meet any performance standard set forth in the |
14 | written charter signed pursuant to section 1716-A. |
15 | (3) Failure to meet generally accepted standards of fiscal |
16 | management or audit requirements. |
17 | (4) Violation of provisions of this article. |
18 | (5) Violation of any provision of law from which the charter |
19 | school has not been exempted, including Federal laws and |
20 | regulations governing children with disabilities. |
21 | [(6) The charter school has been convicted of fraud.] |
22 | * * * |
23 | (b) [A member of the board of trustees who is convicted of a |
24 | felony or any crime involving moral turpitude shall be |
25 | immediately disqualified from serving on the board of trustees] |
26 | If, after a hearing under this section, a local board of school |
27 | directors proves by a preponderance of the evidence that an |
28 | administrator or board member of a charter school has violated |
29 | this article, the terms and conditions of the charter or any |
30 | other violation of law, the local board of school directors |
|
1 | shall have the authority to require the charter school to |
2 | replace the administrator or board member in order to obtain |
3 | renewal of the charter. The local board of school directors may |
4 | refer its findings to the district attorney with jurisdiction or |
5 | to the Office of Attorney General for prosecution if the local |
6 | board of school directors discovers or receives information |
7 | about possible violations of law by any person affiliated with |
8 | or employed by a charter school. |
9 | (c) Any notice of revocation or nonrenewal of a charter |
10 | given by the local board of school directors of a school |
11 | district shall state the grounds for such action with reasonable |
12 | specificity and give reasonable notice to the governing board of |
13 | the charter school of the date on which a public hearing |
14 | concerning the revocation or nonrenewal will be held. The local |
15 | board of school directors shall conduct such hearing, present |
16 | evidence in support of the grounds for revocation or nonrenewal |
17 | stated in its notice and give the charter school reasonable |
18 | opportunity to offer testimony before taking final action. |
19 | Formal action revoking or not renewing a charter shall be taken |
20 | by the local board of school directors at a public meeting |
21 | pursuant to [the act of July 3, 1986 (P.L.388, No.84), known as |
22 | the "Sunshine Act,"] 65 Pa.C.S. Ch. 7 (relating to open |
23 | meetings) after the public has had thirty (30) days to provide |
24 | comments to the board. All proceedings of the local board |
25 | pursuant to this subsection shall be subject to 2 Pa.C.S. Ch. 5 |
26 | Subch. B (relating to practice and procedure of local agencies). |
27 | Except as provided in subsection (d), the decision of the local |
28 | board shall not be subject to 2 Pa.C.S. Ch. 7 Subch. B (relating |
29 | to judicial review of local agency action). |
30 | * * * |
|
1 | Section 14.1. Section 1732-A of the act, amended June 29, |
2 | 2002 (P.L.524, No.88), is amended to read: |
3 | Section 1732-A. Provisions Applicable to Charter Schools.-- |
4 | (a) Charter schools shall be subject to the following: |
5 | Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443, |
6 | 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, |
7 | [755,] 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), |
8 | 1205.3, 1205.4, 1205.5, 1301, 1302, 1303, 1310, 1317, 1317.1, |
9 | 1317.2, 1317.3, 1318, 1327, 1330, 1332, 1303-A, 1513, 1517, |
10 | 1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article |
11 | XIV. |
12 | Act of July 19, 1957 (P.L.1017, No.451), known as the "State |
13 | Adverse Interest Act." |
14 | Act of July 17, 1961 (P.L.776, No.341), known as the |
15 | "Pennsylvania Fair Educational Opportunities Act." |
16 | Act of July 19, 1965 (P.L.215, No.116), entitled "An act |
17 | providing for the use of eye protective devices by persons |
18 | engaged in hazardous activities or exposed to known dangers in |
19 | schools, colleges and universities." |
20 | Section 4 of the act of January 25, 1966 (1965 P.L.1546, |
21 | No.541), entitled "An act providing scholarships and providing |
22 | funds to secure Federal funds for qualified students of the |
23 | Commonwealth of Pennsylvania who need financial assistance to |
24 | attend postsecondary institutions of higher learning, making an |
25 | appropriation, and providing for the administration of this |
26 | act." |
27 | Act of July 12, 1972 (P.L.765, No.181), entitled "An act |
28 | relating to drugs and alcohol and their abuse, providing for |
29 | projects and programs and grants to educational agencies, other |
30 | public or private agencies, institutions or organizations." |
|
1 | Act of December 15, 1986 (P.L.1595, No.175), known as the |
2 | "Antihazing Law." |
3 | The "Right-to-Know Law." |
4 | 65 Pa.C.S. Ch. 7 (relating to open meetings). |
5 | 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial |
6 | disclosure). |
7 | (b) Charter schools shall be subject to the following |
8 | provisions of 22 Pa. Code: |
9 | [Section 5.216 (relating to ESOL). |
10 | Section 5.4 (relating to general policies).] |
11 | Chapter 4 (relating to academic standards and assessments). |
12 | Chapter 11 (relating to pupil attendance). |
13 | Chapter 12 (relating to students). |
14 | Section 32.3 (relating to assurances). |
15 | Section 121.3 (relating to discrimination prohibited). |
16 | Section 235.4 (relating to practices). |
17 | Section 235.8 (relating to civil rights). |
18 | Chapter 711 (relating to charter school services and programs |
19 | for children with disabilities). |
20 | (c) (1) The secretary may promulgate additional regulations |
21 | relating to charter schools. |
22 | (2) The secretary shall have the authority and the |
23 | responsibility to ensure that charter schools comply with |
24 | Federal laws and regulations governing children with |
25 | disabilities. The secretary shall promulgate regulations to |
26 | implement this provision. |
27 | (3) (i) Within one year of the effective date of this |
28 | clause, the department shall develop a standard performance |
29 | matrix to evaluate charter school performance and shall |
30 | promulgate regulations pursuant to the act of June 25, 1982 |
|
1 | (P.L.633, No.181), known as the “Regulatory Review Act,” to |
2 | implement this section. |
3 | (ii) The performance matrix may assess performance by |
4 | utilizing objective criteria, including, but not limited to: |
5 | student performance on the Pennsylvania System of School |
6 | Assessment test, the Keystone Exam or another test established |
7 | by the State Board of Education to meet the requirements of |
8 | section 2603-B(d)(10)(i) and required under the No Child Left |
9 | Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) or its |
10 | successor federal statute; annual growth as measured by the |
11 | Pennsylvania Value-Added Assessment System; attendance; |
12 | attrition rates; graduation rates; other standardized test |
13 | scores; school safety; parent satisfaction; accreditation by a |
14 | nationally recognized accreditation agency, including the Middle |
15 | States Association of Colleges and Schools or another regional |
16 | institutional accrediting agency recognized by the United States |
17 | Department of Education or an equivalent federally recognized |
18 | body for charter school education; and other measures of school |
19 | quality. |
20 | (iii) The department shall develop the matrix with input |
21 | from charter school operators and may contract for consulting |
22 | services with an entity that has experience in developing these |
23 | matrices if the services are procured through a competitive |
24 | bidding process. |
25 | (iv) No local board of school directors may develop a |
26 | separate matrix for the evaluation of charter schools. |
27 | Section 15. The act is amended by adding a section to read: |
28 | Section 1733-A. Effect on Existing Charter Schools.--(a) |
29 | Within one year of the effective date of this section, a charter |
30 | school established under section 1717-A or 1718-A prior to the |
|
1 | effective date of this section shall amend the current charter |
2 | through the amendment process under section 1720-A(b) as needed |
3 | to reflect the requirements of this article. Any renewal that |
4 | takes effect after June 30, 2012 shall be for the term specified |
5 | under section 1720-A(a). |
6 | (b) A charter school or regional charter school approved |
7 | after the effective date of this section shall be in full |
8 | compliance with this article. |
9 | Section 16. Sections 1741-A(c), 1742-A and 1744-A of the |
10 | act, added June 29, 2002 (P.L.524, No.88), are amended to read: |
11 | Section 1741-A. Powers and duties of department. |
12 | * * * |
13 | (c) Documents.--Documents of the appeal board shall be |
14 | subject to [the act of June 21, 1957 (P.L.390, No.212), referred |
15 | to as] the Right-to-Know Law. |
16 | Section 1742-A. Assessment and evaluation. |
17 | The department shall: |
18 | (1) Annually assess whether each cyber charter school is |
19 | meeting the goals of its charter and is in compliance with |
20 | the provisions of the charter and conduct a comprehensive |
21 | review prior to granting a [five-year] ten-year renewal of |
22 | the charter. |
23 | (2) Annually review each cyber charter school's |
24 | performance on the Pennsylvania System of School Assessment |
25 | test, standardized tests and other performance indicators to |
26 | ensure compliance with 22 Pa. Code Ch. 4 (relating to |
27 | academic standards and assessment) or subsequent regulations |
28 | promulgated to replace 22 Pa. Code Ch. 4. |
29 | (3) Have ongoing access to all records, instructional |
30 | materials and student and staff records of each cyber charter |
|
1 | school and to every cyber charter school facility to ensure |
2 | the cyber charter school is in compliance with its charter |
3 | and this subdivision. |
4 | Section 1744-A. School district and intermediate unit |
5 | responsibilities. |
6 | An intermediate unit or a school district in which a student |
7 | enrolled in a cyber charter school resides shall do all of the |
8 | following: |
9 | (1) Provide the cyber charter school within ten days of |
10 | receipt of the notice of the admission of the student under |
11 | section [1748-A(a)] 1723-A(e) with all records relating to |
12 | the student, including transcripts, test scores and a copy of |
13 | any individualized education program for that student. |
14 | (2) Provide the cyber charter school with reasonable |
15 | access to its facilities for the administration of |
16 | standardized tests required under this subdivision. |
17 | (3) Upon request, provide assistance to the cyber |
18 | charter school in the delivery of services to a student with |
19 | disabilities. The school district or intermediate unit shall |
20 | not charge the cyber charter school more for a service than |
21 | it charges a school district. |
22 | (4) Make payments to the cyber charter school under |
23 | section 1725-A. |
24 | Section 17. Section 1745-A(f) of the act, added June 29, |
25 | 2002 (P.L.524, No.88), is amended and the section is amended by |
26 | adding a subsection to read: |
27 | Section 1745-A. Establishment of cyber charter school. |
28 | * * * |
29 | (b.1) Local board of school directors or intermediate |
30 | unit.-- |
|
1 | (1) A cyber charter school may be established by a local |
2 | board of school directors or an intermediate unit if they |
3 | follow the procedures and requirements of this article. |
4 | (2) Nothing in this article shall be construed to |
5 | preclude a school district or an intermediate unit from |
6 | offering instruction via the Internet or other electronic |
7 | means, except that the instruction shall not be recognized as |
8 | a cyber charter school under this article. |
9 | * * * |
10 | (f) Evaluation criteria.-- |
11 | (1) A cyber charter school application submitted under |
12 | this subdivision shall be evaluated by the department based |
13 | on the following criteria: |
14 | (i) The demonstrated, sustainable support for the |
15 | cyber charter school plan by teachers, parents or |
16 | guardians and students. |
17 | (ii) The capability of the cyber charter school |
18 | applicant, in terms of support and planning, to provide |
19 | comprehensive learning experiences to students under the |
20 | charter. |
21 | (iii) The extent to which the programs outlined in |
22 | the application will enable students to meet the academic |
23 | standards under 22 Pa. Code Ch. 4 (relating to academic |
24 | standards and assessment) or subsequent regulations |
25 | promulgated to replace 22 Pa. Code Ch. 4. |
26 | (iv) The extent to which the application meets the |
27 | requirements of section 1747-A. |
28 | [(v) The extent to which the cyber charter school |
29 | may serve as a model for other public schools.] |
30 | (2) Written notice of the action of the department shall |
|
1 | be sent by certified mail to the applicant and published on |
2 | the department's World Wide Web site. If the application is |
3 | denied, the reasons for denial, including a description of |
4 | deficiencies in the application, shall be clearly stated in |
5 | the notice. |
6 | (3) Upon approval of a cyber charter school application, |
7 | a written charter shall be developed which shall contain the |
8 | provisions of the charter application and be signed by the |
9 | secretary and each member of the board of trustees of the |
10 | cyber charter school. The charter, when duly signed, shall |
11 | act as legal authorization of the establishment of a cyber |
12 | charter school. The charter shall be legally binding on the |
13 | department, the cyber charter school and its board of |
14 | trustees. The charter shall be for a period of [no less than |
15 | three years nor more than] five years and may be renewed for |
16 | a period of [five] ten years by the department. |
17 | (4) The decision of the department to deny an |
18 | application may be appealed to the appeal board. |
19 | (5) (i) A cyber charter school may request amendments |
20 | to its approved written charter by filing a written |
21 | document describing the requested amendment to the |
22 | department. |
23 | (ii) Within 20 days of its receipt of the request |
24 | for an amendment, the department shall hold a public |
25 | hearing on the requested amendment under 65 Pa.C.S. Ch. 7 |
26 | (relating to open meetings). |
27 | (iii) Within 20 days after the hearing, the |
28 | department must grant or deny the requested amendment. |
29 | Failure by the department to hold a public hearing and to |
30 | grant or deny the amendments within the time period |
|
1 | specified shall be deemed a denial. |
2 | (iv) An applicant for an amendment shall have the |
3 | right to appeal the denial of a requested amendment to |
4 | the appeal board provided for under section 1721-A. |
5 | * * * |
6 | Section 18. Section 1748-A of the act, added June 29, 2002 |
7 | (P.L.524, No.88), is repealed: |
8 | [Section 1748-A. Enrollment and notification. |
9 | (a) Notice to school district.-- |
10 | (1) Within 15 days of the enrollment of a student to a |
11 | cyber charter school, the parent or guardian and the cyber |
12 | charter school shall notify the student's school district of |
13 | residence of the enrollment through the use of the |
14 | notification form under subsection (b). |
15 | (2) If a school district which has received notice under |
16 | paragraph (1) determines that a student is not a resident of |
17 | the school district, the following apply: |
18 | (i) Within seven days of receipt of the notice under |
19 | paragraph (1), the school district shall notify the cyber |
20 | charter school and the department that the student is not |
21 | a resident of the school district. Notification of |
22 | nonresidence shall include the basis for the |
23 | determination. |
24 | (ii) Within seven days of notification under |
25 | subparagraph (i), the cyber charter school shall review |
26 | the notification of nonresidence, respond to the school |
27 | district and provide a copy of the response to the |
28 | department. If the cyber charter school agrees that a |
29 | student is not a resident of the school district, it |
30 | shall determine the proper district of residence of the |
|
1 | student before requesting funds from another school |
2 | district. |
3 | (iii) Within seven days of receipt of the response |
4 | under subparagraph (ii), the school district shall notify |
5 | the cyber charter school that it agrees with the cyber |
6 | charter school's determination or does not agree with the |
7 | cyber charter school's determination. |
8 | (iv) A school district that has notified the cyber |
9 | charter school that it does not agree with the cyber |
10 | charter school's determination under subparagraph (iii) |
11 | shall appeal to the department for a final determination. |
12 | (v) All decisions of the department regarding the |
13 | school district of residence of a student shall be |
14 | subject to review by the Commonwealth Court. |
15 | (vi) A school district shall continue to make |
16 | payments to a cyber charter school under section 1725-A |
17 | during the time in which the school district of residence |
18 | of a student is in dispute. |
19 | (vii) If a final determination is made that a |
20 | student is not a resident of an appealing school |
21 | district, the cyber charter school shall return all funds |
22 | provided on behalf of that student to the school district |
23 | within 30 days. |
24 | (b) Notification form.--The department shall develop a |
25 | notification form for use under subsection (a). The notification |
26 | shall include: |
27 | (1) The name, home address and mailing address of the |
28 | student. |
29 | (2) The grade in which the student is being enrolled. |
30 | (3) The date the student will be enrolled. |
|
1 | (4) The name and address of the cyber charter school and |
2 | the name and telephone number of a contact person able to |
3 | provide information regarding the cyber charter school. |
4 | (5) The signature of the parent or guardian and an |
5 | authorized representative of the cyber charter school. |
6 | (c) Withdrawal.--The cyber charter school and the parent or |
7 | guardian of a student enrolled in a cyber charter school shall |
8 | provide written notification to the student's school district of |
9 | residence within 15 days following the withdrawal of a student |
10 | from the cyber charter school.] |
11 | Section 19. Section 1749-A(a) and (c)(2) of the act, added |
12 | June 29, 2002 (P.L.524, No.88), are amended to read: |
13 | Section 1749-A. Applicability of other provisions of this act |
14 | and of other acts and regulations. |
15 | (a) General requirements.--Cyber charter schools shall be |
16 | subject to the following: |
17 | (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, |
18 | 436, 443, 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, |
19 | 752, 753, [755,] 771, 776, 777, 808, 809, 810, 1109, 1111, |
20 | 1112(a), 1205.1, 1205.2, 1301, 1302, 1310, 1317, 1317.2, |
21 | 1318, 1327, 1330, 1332, 1303-A, 1513, 1517, 1518, 1521, 1523, |
22 | 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, 1719-A, |
23 | 1721-A, 1722-A, [1723-A(a) and (b)] 1723-A, 1724-A, 1725-A, |
24 | 1727-A, 1728-A(d), (e), (f), (g) and (h), 1729-A, 1730-A, |
25 | 1731-A(a)(1) and (b) and 2014-A and Articles XII-A, XIII-A |
26 | and XIV. |
27 | (1.1) Act of July 19, 1957 (P.L.1017, No.451), known as |
28 | the State Adverse Interest Act. |
29 | (2) The act of July 17, 1961 (P.L.776, No.341), known as |
30 | the Pennsylvania Fair Educational Opportunities Act. |
|
1 | (3) The act of July 19, 1965 (P.L.215, No.116), entitled |
2 | "An act providing for the use of eye protective devices by |
3 | persons engaged in hazardous activities or exposed to known |
4 | dangers in schools, colleges and universities." |
5 | (4) Section 4 of the act of January 25, 1966 (1965 |
6 | P.L.1546, No.541), entitled "An act providing scholarships |
7 | and providing funds to secure Federal funds for qualified |
8 | students of the Commonwealth of Pennsylvania who need |
9 | financial assistance to attend postsecondary institutions of |
10 | higher learning, making an appropriation, and providing for |
11 | the administration of this act." |
12 | (5) The act of July 12, 1972 (P.L.765, No.181) entitled |
13 | "An act relating to drugs and alcohol and their abuse, |
14 | providing for projects and programs and grants to educational |
15 | agencies, other public or private agencies, institutions or |
16 | organizations." |
17 | (6) The act of December 15, 1986 (P.L.1595, No.175), |
18 | known as the Antihazing Law. |
19 | (7) The Right-to-Know Law. |
20 | (8) 65 Pa.C.S. Ch. 7 (relating to open meetings). |
21 | (9) 65 Pa.C.S. Ch. 11 (relating to ethics standards and |
22 | financial disclosure). |
23 | * * * |
24 | (c) Existing charter schools.-- |
25 | * * * |
26 | (2) In addition to subsections (a) and (b), the |
27 | following provisions of this subdivision shall apply to a |
28 | charter school approved under section 1717-A or 1718-A which |
29 | provides instruction through the Internet or other electronic |
30 | means: |
|
1 | (i) Section 1743-A(c), (d), (e), (h) and (i). |
2 | (ii) Section 1744-A. |
3 | (iii) Section [1748-A] 1723-A(e). |
4 | Section 20. The act is amended by adding an article to read: |
5 | ARTICLE XXV-B |
6 | OPPORTUNITY SCHOLARSHIPS AND |
7 | EDUCATIONAL IMPROVEMENT TAX CREDIT |
8 | (a) Preliminary Provisions |
9 | Section 2501-B. Short title. |
10 | This article shall be known and may be cited as the |
11 | Opportunity Scholarship and Educational Improvement Tax Credit |
12 | Act. |
13 | (b) Opportunity Scholarships |
14 | Section 2502-B. Definitions. |
15 | The following words and phrases when used in this subarticle |
16 | shall have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Assessment." The Pennsylvania System of School Assessment |
19 | test, the Keystone Exam, an equivalent local assessment or |
20 | another test established by the State Board of Education to meet |
21 | the requirements of section 2603-B(d)(10)(i) and required under |
22 | the No Child Left Behind Act of 2001 (Public Law 107-110, 115 |
23 | Stat. 1425) or its successor statute or any other test required |
24 | to achieve other standards established by the department for the |
25 | public school or school district under 22 Pa. Code § 403.3 |
26 | (relating to single accountability system). |
27 | "Attendance boundary." A geographic area of residence used |
28 | by a resident school district to assign a student to a public |
29 | school. |
30 | "Average daily membership." A school district's average |
|
1 | daily membership as defined in section 2501(3). |
2 | "Board." The Education Opportunity Board established under |
3 | section 2509-B. |
4 | "Department." The Department of Education of the |
5 | Commonwealth. |
6 | "Elementary school." A school that does not have an eleventh |
7 | grade. |
8 | "Eligible student." A low-income child eligible to receive |
9 | an opportunity scholarship under section 2503-B(b). |
10 | "Federal poverty line." The official Federal poverty line as |
11 | defined in section 673(2) of Subtitle B of the Community |
12 | Services Block Grant Act (Public Law 97-35, 95 Stat. 511), as |
13 | adjusted from time to time. |
14 | "Household income." Income as used for the purposes of |
15 | determining eligibility for a free or reduced price lunch under |
16 | the Richard B. Russell National School Lunch Act (60 Stat. 230, |
17 | 1751 et seq.). |
18 | "Kindergarten." A one-year formal kindergarten program that |
19 | occurs during the school year immediately prior to first grade. |
20 | "Local scholarship." A scholarship that is both: |
21 | (1) Funded by the local revenues of a low-income child's |
22 | resident school district in an amount equal to at least 10% |
23 | of the school district's share of its total revenue per |
24 | average daily membership. |
25 | (2) Applied toward the low-income child's tuition to |
26 | attend a nonresident public school. |
27 | "Low-achieving school." The term means all of the following: |
28 | (1) In the 2012-2013 school year and each school year |
29 | thereafter, a public elementary or secondary school within |
30 | this Commonwealth ranking in the lowest 5% of its designation |
|
1 | as elementary or secondary, based on combined math and |
2 | reading scores from the assessment administered in the most |
3 | recent school year. |
4 | (2) Beginning in the 2018-2019 school year and each |
5 | school year thereafter, a public elementary or secondary |
6 | school within this Commonwealth in which 50% or fewer of its |
7 | students scored proficient or above in math or 50% or fewer |
8 | of its students scored proficient or above in reading on the |
9 | assessment administered in the most recent school year. |
10 | The term shall not include a charter school, cyber charter |
11 | school, area vocational-technical school, magnet school or |
12 | school that does not draw its student body from a particular |
13 | attendance boundary. |
14 | "Low-income child." A school-age child with a household |
15 | income that does not exceed 1.85 times the Federal poverty line |
16 | for the school year preceding the school year for which an |
17 | opportunity scholarship is to be distributed. |
18 | "Magnet school." A special school or program designed to |
19 | provide an academic or social focus on a particular theme, |
20 | including, but not limited to, science, mathematics, performing |
21 | arts and foreign languages. |
22 | "Nonpublic school." A school, other than a public school, |
23 | located within this Commonwealth where a Commonwealth resident |
24 | may legally fulfill the compulsory school attendance |
25 | requirements of this act and that meets the applicable |
26 | requirements of Title VI of the Civil Rights Act of 1964 (Public |
27 | law 88-352, 78 Stat. 241). The term also includes a full-time or |
28 | part-time kindergarten program operated by a nonpublic school. |
29 | "Nonresident public school." A public school not located |
30 | within the child's resident school district. The term shall not |
|
1 | include a charter school, a cyber charter school, an area |
2 | vocational-technical school or a school the department has |
3 | designated as low achieving under section 2503-B(c). |
4 | "Nonresident school district." A school district other than |
5 | the school district in which a school-age child resides. |
6 | "Nonresident student." A school-age child attending a |
7 | nonresident public school. |
8 | "Opportunity scholarship." A scholarship awarded to a low- |
9 | income child under this subarticle to pay tuition for the child |
10 | to attend a nonresident public school or a participating |
11 | nonpublic school. The term shall not include a local |
12 | scholarship. |
13 | "Opportunity scholarship account." The restricted account |
14 | for opportunity scholarships established in this subarticle. |
15 | "Opportunity scholarship program" or "program." The |
16 | opportunity scholarship program established under section |
17 | 2503-B. |
18 | "Opportunity scholarship recipient." A low-income child who |
19 | is awarded an opportunity scholarship under this subarticle. |
20 | "Parent." A Commonwealth resident who is a parent having |
21 | legal custody or guardian of a school-age child. The term shall |
22 | also include any Commonwealth resident who keeps in his home a |
23 | child of school age, not his own, and supports the child gratis |
24 | as if the child were his own. |
25 | "Participating nonpublic school." A nonpublic school |
26 | offering a program of instruction for kindergarten through 12th |
27 | grade, or a combination of grades, that certifies to the |
28 | Department of Education under section 2505-B(c)(4) that it meets |
29 | all of the following criteria: |
30 | (1) The nonpublic school is a nonprofit entity that is |
|
1 | exempt from Federal taxation under section 501(c)(3) of the |
2 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
3 | 1 et seq.). |
4 | (2) The nonpublic school does not discriminate in its |
5 | admission policies or practices with respect to opportunity |
6 | scholarship applicants on the basis of measures of |
7 | achievement or aptitude or status as a handicapped person, |
8 | provided, however, that an applicant may be required to meet |
9 | established eligibility criteria for participation in magnet |
10 | schools. |
11 | (3) The nonpublic school is in full compliance with all |
12 | Federal and State laws applicable to nonpublic schools on the |
13 | date prior to the effective date of this section. |
14 | "Resident school district." The school district in which a |
15 | school-age child resides. |
16 | "School-age child." A child enrolling in kindergarten or in |
17 | grades 1 through 12. |
18 | "Secondary school." A school with an eleventh grade. |
19 | "Student with a disability." A school-age child who has been |
20 | identified, in accordance with 22 Pa. Code Ch. 14 (relating to |
21 | special education services and programs), as a "child with a |
22 | disability," as defined in 34 CFR § 300.8 (relating to a child |
23 | with a disability). |
24 | "Total revenue per average daily membership." A school |
25 | district's total revenue minus reimbursements for pupil |
26 | transportation under sections 2509.3 and 2541, per average daily |
27 | membership. |
28 | Section 2503-B. Opportunity scholarship program. |
29 | (a) Establishment.--Beginning with the 2012-2013 school |
30 | year, an opportunity scholarship program shall be established |
|
1 | within the department to provide scholarships to help low-income |
2 | children who are eligible under this section pay tuition to |
3 | attend nonresident public schools or participating nonpublic |
4 | schools. |
5 | (b) Phase-in.-- |
6 | (1) The opportunity scholarship program shall be phased |
7 | in as follows: |
8 | (i) During the 2012-2013 school year, the |
9 | opportunity scholarship program shall be available to |
10 | low-income children who satisfy both of the following: |
11 | (A) Either attended a low achieving school |
12 | during the 2011-2012 school year or will be a |
13 | kindergarten student during the 2012-2013 school |
14 | year. |
15 | (B) Will reside within the attendance boundary |
16 | of a low achieving school as of the first day of |
17 | classes of the 2012-2013 school year. |
18 | (ii) During the 2013-2014 school year and each |
19 | school year thereafter, the opportunity scholarship |
20 | program shall be available to low-income children who |
21 | qualified for the program for the 2012-2013 school year |
22 | under paragraph (1) and to low-income children who will |
23 | reside within the attendance boundary of a low achieving |
24 | school as of the first day of classes of the school year |
25 | for which the opportunity scholarship is to be awarded. |
26 | (2) For purposes of this subsection, the residence of a |
27 | low-income child shall be determined under section 1302. |
28 | (c) List of low achieving schools to be published.--By |
29 | February 1, 2012, and by February 1 of each year thereafter, the |
30 | department shall publish on the department's publicly accessible |
|
1 | Internet website and in the Pennsylvania Bulletin a list of low |
2 | achieving schools that will be in effect for purposes of this |
3 | subarticle for the following school year. The department shall |
4 | publish the list based upon results of the assessment |
5 | administered in the immediately preceding school year. |
6 | (d) Notice.-- |
7 | (1) For each school year, by a date established by the |
8 | department, each school district in this Commonwealth with at |
9 | least one school designated by the department as a low |
10 | achieving school shall post on its publicly accessible |
11 | Internet website notice of all of the following: |
12 | (i) A description of the opportunity scholarship |
13 | program. |
14 | (ii) Instructions for applying for an opportunity |
15 | scholarship. |
16 | (iii) Instructions for applying for a local |
17 | scholarship where the school district has elected to |
18 | provide a local scholarship under section 2504-B(b). |
19 | (iv) A list of schools in the school district that |
20 | have been designated by the department as low achieving |
21 | schools. |
22 | (v) Notice that a parent must contact directly the |
23 | nonresident public school or participating nonpublic |
24 | school in which the parent's child seeks to enroll for |
25 | application instructions. |
26 | (2) The notice shall be in a form provided by the |
27 | department. |
28 | (e) Attendance plans required.--By January 15, 2012, and by |
29 | January 15 of each year thereafter, each school district shall |
30 | file with the department a plan indicating the public schools to |
|
1 | which children residing in the district who enroll in district |
2 | schools are expected to be assigned for the next school year |
3 | based upon geographic area of residence. |
4 | Section 2504-B. Opportunity scholarship to attend a nonresident |
5 | public school. |
6 | (a) Eligibility.--An eligible student may receive an |
7 | opportunity scholarship to pay tuition to attend a nonresident |
8 | public school that accepts a child's enrollment application |
9 | under subsection (d). |
10 | (b) Local scholarship.--A school district with at least one |
11 | school designated by the department as a low achieving school |
12 | may elect to provide a local scholarship to opportunity |
13 | scholarship recipients residing within the school district to |
14 | pay tuition to attend a nonresident public school that accepts |
15 | the opportunity scholarship recipient's enrollment application |
16 | under subsection (d). A school district that elects to provide a |
17 | local scholarship shall: |
18 | (1) By a date established by the department, notify all |
19 | residents of the school district of the availability and |
20 | amount of the local scholarship for the following school year |
21 | and the procedure by which a low-income child may apply to |
22 | the department to receive the opportunity and local |
23 | scholarships. The school district shall post the notice on |
24 | the school district's publicly accessible Internet website. |
25 | The notice may be incorporated into the notice the school |
26 | district is required to provide under section 2503-B(d). |
27 | (2) By a date established by the department, notify the |
28 | department of the availability and amount of the local |
29 | scholarship for the following school year. |
30 | (3) When directed to do so by the department, pay to the |
|
1 | department the local scholarship for each low-income child |
2 | residing in the district who the department determines to be |
3 | eligible for a local scholarship and who the department |
4 | confirms has enrolled in a nonresident public school. |
5 | (4) Comply with all guidelines developed by the |
6 | department under sections 2507-B and 2509.1-B. |
7 | (c) Application for opportunity and local scholarships.-- |
8 | (1) By a date established by the department and pursuant |
9 | to guidelines developed by the department under sections |
10 | 2507-B and 2509.1-B, the parent of a low-income child who is |
11 | eligible for an opportunity scholarship under section |
12 | 2503-B(b) may apply to the department: |
13 | (i) For an opportunity scholarship for the following |
14 | school year. |
15 | (ii) For a local scholarship for the following |
16 | school year, where the low-income child's resident school |
17 | district has elected to provide a local scholarship under |
18 | subsection (b). |
19 | (2) By a date established by the department, the |
20 | department shall notify parents whether the scholarships for |
21 | which the student applied will be awarded for the following |
22 | school year. |
23 | (d) Application for enrollment in a nonresident public |
24 | school.-- |
25 | (1) By a date established by the department, the parent |
26 | of a low-income child who has been awarded a scholarship |
27 | under subsection (c) may apply to one or more nonresident |
28 | public schools for enrollment of the child for the following |
29 | school year. The application shall be on a form provided by |
30 | the nonresident school district. |
|
1 | (2) (i) By a date established by the department, the |
2 | nonresident school district shall provide written notice |
3 | to the parent and the department as to whether the child |
4 | will be offered enrollment in the requested nonresident |
5 | public school for the following school year. |
6 | (ii) By a date established by the department, the |
7 | parent must provide written notice to the department, the |
8 | resident school district and the nonresident school |
9 | district whether the offer of enrollment will be |
10 | accepted. |
11 | (iii) By a date established by the department, the |
12 | department shall provide the resident school district and |
13 | the nonresident school district with written confirmation |
14 | of the opportunity scholarship recipient's enrollment in |
15 | the nonresident public school. |
16 | (iv) If the child is not enrolled in a nonresident |
17 | public school, the child's resident school district shall |
18 | determine the public school within the resident school |
19 | district to which the child will be assigned. |
20 | (v) If the opportunity scholarship recipient who has |
21 | accepted an offer of enrollment at a nonresident public |
22 | school does not attend the nonresident public school at |
23 | the start of the school year for which the opportunity |
24 | scholarship was awarded, the nonresident public school |
25 | shall notify the department and the resident school |
26 | district. |
27 | (3) Each school district shall notify the department if |
28 | it intends to enroll nonresident students receiving |
29 | opportunity and local scholarships and shall develop an |
30 | enrollment application form and procedure. If a school |
|
1 | district determines to enroll nonresident students receiving |
2 | opportunity and local scholarships, the school district must |
3 | enroll such nonresident students on a random basis from a |
4 | pool of applicants who meet the application deadline |
5 | established by the department until the nonresident school |
6 | district fills its available attendance slots, provided that: |
7 | (i) the nonresident student's enrollment in the |
8 | nonresident school district would not place either the |
9 | nonresident school district or the resident school |
10 | district in violation of a valid and binding |
11 | desegregation order; and |
12 | (ii) the following applicants shall not be included |
13 | in the pool: |
14 | (A) A student who has been expelled or is in the |
15 | process of being expelled under section 1317.2 or |
16 | 1318 and applicable regulations of the State Board of |
17 | Education. |
18 | (B) A student who has been recruited by the |
19 | school district or its representatives for athletic |
20 | purposes. |
21 | (C) A student who does not meet the established |
22 | eligibility criteria for participation in a magnet |
23 | school. |
24 | (4) A nonresident school district may give priority in |
25 | enrollment to any of the following: |
26 | (i) A nonresident student who has been awarded a |
27 | local scholarship. |
28 | (ii) A nonresident student who is the sibling of a |
29 | student who is currently enrolled in the nonresident |
30 | school district. |
|
1 | (e) Commonwealth payments.--The Commonwealth shall make |
2 | payment pursuant to the schedule contained in section 2517 to |
3 | each school district that accepts a nonresident student under |
4 | the provisions of this subarticle subject to the following terms |
5 | and conditions: |
6 | (1) The Commonwealth shall pay to each school district |
7 | that accepts a nonresident student, on a tuition basis, the |
8 | amount determined under section 2506-B. |
9 | (2) (i) For a nonresident student who is an opportunity |
10 | scholarship recipient and defined as a "student with a |
11 | disability," services provided to the opportunity |
12 | scholarship recipient shall be charged against the |
13 | Commonwealth's special education subsidy to the resident |
14 | school district, provided that the resident school |
15 | district shall not be charged more for services provided |
16 | to the opportunity scholarship recipient by the |
17 | nonresident school district than the difference between |
18 | the current year cost of the services had the opportunity |
19 | scholarship recipient remained in the resident school |
20 | district and the sum of the opportunity scholarship, the |
21 | local scholarship and the per pupil special education |
22 | funding following the opportunity scholarship recipient. |
23 | (ii) The resident school district shall provide the |
24 | department with documentation of the prior year's cost of |
25 | services provided to the opportunity scholarship |
26 | recipient and an estimate of the cost of providing those |
27 | services in the current year had the opportunity |
28 | scholarship recipient remained in the resident school |
29 | district. Any cost not covered by this funding shall be |
30 | borne by the nonresident school district enrolling the |
|
1 | opportunity scholarship recipient. |
2 | (3) In the event an opportunity scholarship recipient |
3 | withdraws from a nonresident school district prior to the |
4 | completion of the school year, the following shall apply: |
5 | (i) The nonresident school district shall, within 15 |
6 | days of the opportunity scholarship recipient's |
7 | withdrawal from the nonresident school district, provide |
8 | the department with written notice of the opportunity |
9 | scholarship recipient's withdrawal from the nonresident |
10 | school district. |
11 | (ii) The resident school district, nonresident |
12 | school district or participating nonpublic school in |
13 | which the opportunity scholarship recipient subsequently |
14 | enrolls shall notify the department within five days of |
15 | the opportunity scholarship recipient's enrollment. |
16 | (iii) Within 30 days after receiving the notice |
17 | required under subparagraph (ii), the department shall do |
18 | the following: |
19 | (A) If the opportunity scholarship recipient |
20 | enrolls in the resident school district or a |
21 | nonresident school district, pay the resident school |
22 | district or nonresident school district the full |
23 | amount of the opportunity scholarship payment reduced |
24 | on a pro rata basis for the portion of the school |
25 | year in which the opportunity scholarship recipient |
26 | was enrolled in another school. |
27 | (B) If the opportunity scholarship recipient |
28 | enrolls in a participating nonpublic school, pay the |
29 | opportunity scholarship recipient's parent the full |
30 | amount of the opportunity scholarship payment reduced |
|
1 | on a pro rata basis for the portion of the school |
2 | year in which the opportunity scholarship recipient |
3 | was enrolled in another school. Such payment shall be |
4 | made to the parents of the opportunity scholarship |
5 | recipient pursuant to the provisions of section |
6 | 2505-B(b). |
7 | (f) Limitation.--The tuition charged by a nonresident school |
8 | district to an opportunity scholarship recipient under this |
9 | subarticle shall not exceed the sum of the opportunity |
10 | scholarship and the local scholarship, if applicable, awarded to |
11 | the opportunity scholarship recipient. |
12 | (g) Transportation.-- |
13 | (1) Notwithstanding any provisions of section 1361 to |
14 | the contrary, a school district that provides its resident |
15 | public school pupils with transportation to and from the |
16 | resident public schools under section 1361 shall provide a |
17 | student who resides within the school district but regularly |
18 | attends a nonresident public school that is located not more |
19 | than ten miles from the student's resident school district by |
20 | the nearest public highway, with transportation to and from |
21 | such nonresident public school under section 1361. |
22 | (2) Transportation of a student under this subsection |
23 | shall be subject to reimbursement under section 2541. |
24 | Section 2505-B. Opportunity scholarship to attend a |
25 | participating nonpublic school. |
26 | (a) Eligibility.--The parent of a low-income child who is |
27 | eligible to receive an opportunity scholarship under section |
28 | 2503-B and desires to apply for an opportunity scholarship to |
29 | attend a participating nonpublic school must: |
30 | (1) By a date established by the department, apply to |
|
1 | the department for an opportunity scholarship for the |
2 | following school year pursuant to guidelines developed by the |
3 | department under sections 2507-B and 2509.1-B. By a date |
4 | established by the department, the department shall notify |
5 | parents whether the opportunity scholarship will be awarded |
6 | for the following school year. |
7 | (2) Apply for enrollment directly to the participating |
8 | nonpublic school pursuant to application procedures developed |
9 | by the participating nonpublic school. By a date established |
10 | by the department, a participating nonpublic school shall |
11 | provide written confirmation to the department of each |
12 | opportunity scholarship recipient who has accepted an offer |
13 | of enrollment for the following school year. By a date |
14 | established by the department, the department shall provide |
15 | the opportunity scholarship recipient's resident school |
16 | district with written confirmation of the opportunity |
17 | scholarship recipient's enrollment in the participating |
18 | nonpublic school. |
19 | (b) Payment of opportunity scholarships.--The Commonwealth |
20 | shall provide payment of an opportunity scholarship to the |
21 | parents of each opportunity scholarship recipient who is |
22 | enrolled in a participating nonpublic school under the |
23 | provisions of this subarticle subject to the following terms and |
24 | conditions: |
25 | (1) Opportunity scholarships shall be awarded only for |
26 | the payment of costs of tuition at a participating nonpublic |
27 | school within this Commonwealth. Opportunity scholarships |
28 | shall not be awarded for enrollment in a home education |
29 | program provided under section 1327.1. |
30 | (2) (i) Opportunity scholarships shall be paid to the |
|
1 | parents of an opportunity scholarship recipient upon the |
2 | department's receipt of written confirmation of |
3 | enrollment from the participating nonpublic school |
4 | selected by the recipient. The opportunity scholarship |
5 | shall be paid by check which may be endorsed by the |
6 | parents only for deposit into the account of the |
7 | participating nonpublic school for payment of tuition at |
8 | the participating nonpublic school at which the |
9 | opportunity scholarship recipient's enrollment has been |
10 | confirmed. |
11 | (ii) The parents may not designate the participating |
12 | nonpublic school or any entity or individual associated |
13 | with the participating nonpublic school to act as the |
14 | parents' attorney-in-fact to endorse a check in payment |
15 | of an opportunity scholarship. |
16 | (3) In the event an opportunity scholarship recipient |
17 | withdraws from a participating nonpublic school prior to the |
18 | completion of the school year, the following shall apply: |
19 | (i) The participating nonpublic school shall, within |
20 | 15 days of the opportunity scholarship recipient's |
21 | withdrawal from the participating nonpublic school: |
22 | (A) Provide the department with written notice |
23 | of the opportunity scholarship recipient's withdrawal |
24 | from the participating nonpublic school. |
25 | (B) Return to the department the full amount of |
26 | the opportunity scholarship payment reduced on a pro |
27 | rata basis by the tuition for the portion of the |
28 | school year in which the opportunity scholarship |
29 | recipient was enrolled. The participating nonpublic |
30 | school may not require parents to reimburse the |
|
1 | participating nonpublic school for the amount of the |
2 | opportunity scholarship returned to the department. |
3 | (ii) If the participating nonpublic school fails to |
4 | submit to the department the amount required to be paid |
5 | under subparagraph (i), the department shall impose |
6 | interest on the unpaid amount, calculated from the due |
7 | date at the rate determined by the Secretary of Revenue |
8 | for interest payments on overdue taxes or the refund of |
9 | taxes as provided in sections 806 and 806.1 of the act of |
10 | April 9, 1929 (P.L.343, No.176), known as The Fiscal |
11 | Code. |
12 | (iii) If the opportunity scholarship recipient |
13 | enrolls in another participating nonpublic school within |
14 | the school year for which the opportunity scholarship was |
15 | awarded, the department shall pay the parent of the |
16 | opportunity scholarship recipient the opportunity |
17 | scholarship prorated for the remaining portion of the |
18 | school year. Payment shall be made under paragraph (2). |
19 | (4) In the event an opportunity scholarship recipient is |
20 | expelled from a participating nonpublic school prior to the |
21 | completion of the school year and the opportunity scholarship |
22 | recipient subsequently enrolls in his resident school |
23 | district, the department shall pay the resident school |
24 | district the opportunity scholarship prorated for the |
25 | remaining portion of the school year. The resident school |
26 | district shall apply this amount toward providing educational |
27 | services for the opportunity scholarship recipient pursuant |
28 | to Federal and State law. |
29 | (5) If the parent of an opportunity scholarship |
30 | recipient does not endorse the opportunity scholarship check |
|
1 | within 90 days of issuance of the check by the department, |
2 | the check shall be returned to the department. |
3 | (b.1) Penalties.-- |
4 | (1) Each opportunity scholarship check issued under this |
5 | section shall contain the following statement: |
6 | "Opportunity scholarship check. Failure to endorse |
7 | this check as directed by the department may subject |
8 | the endorser to civil penalties and criminal |
9 | prosecution." |
10 | (2) A parent's endorsement or use of an opportunity |
11 | scholarship check in a manner other than as directed by the |
12 | department may subject the parent to the following penalties: |
13 | (i) A civil penalty equal to 300% of the full amount |
14 | of the annual opportunity scholarship awarded to the |
15 | opportunity scholarship recipient. |
16 | (ii) Disqualification from future eligibility for an |
17 | opportunity scholarship. |
18 | (iii) Criminal prosecution. |
19 | (c) Enrollment requirements.--The following shall apply to a |
20 | participating nonpublic school which admits an opportunity |
21 | scholarship recipient: |
22 | (1) The participating nonpublic school shall not |
23 | discriminate on any basis that is illegal under Federal or |
24 | State laws applicable to nonpublic schools on the date prior |
25 | to the effective date of this section. |
26 | (2) The participating nonpublic school shall comply with |
27 | section 1521, which prohibits discrimination in enrollment on |
28 | the basis of race or color. |
29 | (3) The participating nonpublic school may not recruit |
30 | any public school student to enroll for athletic purposes. |
|
1 | (4) For each school year, by a date established by the |
2 | department, a nonpublic school that desires to enroll |
3 | opportunity scholarship recipients under this subarticle |
4 | shall certify to the department that it satisfies the |
5 | definition of "participating nonpublic school" in section |
6 | 2502-B. Such certification shall be on a form developed by |
7 | the department. |
8 | (d) Policies.--Upon request, a participating nonpublic |
9 | school shall make available for review by the parents of any |
10 | opportunity scholarship recipient seeking enrollment, its |
11 | written school policies and procedures related to tuition |
12 | charges, admissions, academic offerings and requirements, |
13 | discipline, religious instruction, parent involvement, |
14 | standardized testing, the release of results of standardized |
15 | tests administered by the participating nonpublic school, |
16 | extracurricular activities and suspension and expulsion of |
17 | students, including educational accommodations and counseling |
18 | offered to students and parents. |
19 | (e) Assessments.-- |
20 | (1) (i) Each participating nonpublic school shall |
21 | administer annually an assessment or a nationally normed |
22 | standardized achievement test in reading/language arts |
23 | and mathematics to each opportunity scholarship recipient |
24 | attending the participating nonpublic school in grades 3, |
25 | 5, 8 and 11. |
26 | (ii) To comply with this paragraph, a participating |
27 | nonpublic school may either administer an assessment or |
28 | administer a nationally normed standardized achievement |
29 | test chosen by the participating nonpublic school from a |
30 | list established under paragraph (2). |
|
1 | (2) The department shall establish a list of at least |
2 | eight nationally normed standardized achievement tests from |
3 | which the participating nonpublic school shall select a test |
4 | to be administered if the participating nonpublic school does |
5 | not choose to administer an assessment. |
6 | (3) Each participating nonpublic school shall: |
7 | (i) Release each opportunity scholarship recipient's |
8 | individual results on the assessment or nationally normed |
9 | standardized achievement test administered to opportunity |
10 | scholarship recipients under paragraph (1) to the parent |
11 | of the opportunity scholarship recipient. |
12 | (ii) If the participating nonpublic school has a |
13 | publicly accessible Internet website, post on the website |
14 | the participating nonpublic school's aggregate results on |
15 | the assessment or nationally normed standardized |
16 | achievement test administered to opportunity scholarship |
17 | recipients under paragraph (1), provided that the |
18 | participating nonpublic school shall not post results |
19 | that reveal the identity of any individual student. |
20 | (4) The participating nonpublic school shall bear the |
21 | cost of the testing administered under this subsection and |
22 | shall not impose an assessment or testing fee on an |
23 | opportunity scholarship recipient. |
24 | (5) The department may not require a participating |
25 | nonpublic school to provide individual or aggregate results |
26 | of the testing administered under this subsection other than |
27 | as prescribed in paragraph (3). |
28 | (f) Construction.--Nothing in this subarticle shall be |
29 | construed to: |
30 | (1) Prohibit a participating nonpublic school from |
|
1 | limiting admission to a particular grade level, to a single |
2 | gender or to an academic or social focus on a particular |
3 | theme, including, but not limited to, science, mathematics, |
4 | performing arts and foreign language. |
5 | (2) Empower the Commonwealth or any of its agencies or |
6 | officers or political subdivisions to impose any additional |
7 | requirements on any participating nonpublic school which are |
8 | not otherwise authorized under the laws of this Commonwealth |
9 | or to require any participating nonpublic school to enroll |
10 | any opportunity scholarship recipient if the participating |
11 | nonpublic school does not offer appropriate programs or is |
12 | not structured or equipped with the necessary facilities to |
13 | meet the special needs of the opportunity scholarship |
14 | recipient or does not offer a particular program requested. |
15 | Section 2506-B. Amount of opportunity scholarship. |
16 | (a) Calculation.-- |
17 | (1) Except as provided in subsection (d)(2), the amount |
18 | of the opportunity scholarship for each opportunity |
19 | scholarship recipient shall be as follows: |
20 | (i) A base amount equal to 100% of the |
21 | Commonwealth's share of the resident school district's |
22 | total revenue per average daily membership. |
23 | (ii) The base amount under subparagraph (i) shall be |
24 | multiplied by the appropriate factor stated in this |
25 | subparagraph: |
26 27 28 29 30 | Household income as a percentage of the Federal poverty line for the school year preceding the school year for which an opportunity scholarship is to be distributed | Factor | | 1 | Up to and including 130% | 1.0 | 2 | Above 130%, but not more than 185% | 0.75 |
|
3 | (2) In no case shall the combined amount of the |
4 | opportunity scholarship awarded to an opportunity scholarship |
5 | recipient and any additional financial assistance provided to |
6 | an opportunity scholarship recipient exceed the tuition rate |
7 | for the participating nonpublic school. |
8 | (b) Limitation.--No nonresident public school or |
9 | participating nonpublic school may charge an opportunity |
10 | scholarship recipient a higher tuition rate than the rate the |
11 | nonresident public school or participating nonpublic school |
12 | would have charged to a student who had not received an |
13 | opportunity scholarship. |
14 | (c) Excess scholarship amount returns to Commonwealth.--The |
15 | amount of the opportunity scholarship awarded to an opportunity |
16 | scholarship recipient as calculated under subsection (a)(1) in |
17 | excess of the amount of tuition charged to the opportunity |
18 | scholarship recipient shall be returned to the Commonwealth and |
19 | placed in the restricted account established under subsection |
20 | (d)(4). |
21 | (d) Annual appropriations.-- |
22 | (1) Opportunity scholarships authorized under this |
23 | subarticle may be made from annual appropriations made by the |
24 | General Assembly to the department for the 2012-2013 school |
25 | year and each school year thereafter for that purpose and |
26 | from moneys in the restricted account established under |
27 | paragraph (4). |
28 | (2) In the event that insufficient moneys are available |
29 | in any fiscal year to provide opportunity scholarships to all |
30 | eligible opportunity scholarship recipients in the amount |
|
1 | authorized, the department shall make pro rata reductions in |
2 | the amount of the opportunity scholarship provided to each |
3 | opportunity scholarship recipient. |
4 | (3) The total amount of opportunity scholarships |
5 | provided for the 2012-2013 school year and each school year |
6 | thereafter shall be limited to the amount of money |
7 | appropriated for that fiscal year and the amount of money in |
8 | the restricted account established under paragraph (4). |
9 | (4) The Opportunity Scholarship Account is hereby |
10 | established as a restricted account in the General Fund. The |
11 | account may be funded by an annual appropriation from the |
12 | General Assembly for this program, any money collected under |
13 | subsection (c), any moneys subject to reduction under section |
14 | 2508-B(a) and interest derived from moneys in the account. |
15 | Moneys in the account are continuously appropriated to the |
16 | department for use in accordance with this subarticle. |
17 | (e) Nontaxable.--Opportunity scholarship funds received by a |
18 | parent pursuant to this subarticle shall not be considered |
19 | taxable income for purposes of any local taxing ordinance or for |
20 | purposes of Article III of the act of March 4, 1971 (P.L.6, |
21 | No.2), known as the Tax Reform Code of 1971, nor shall such |
22 | opportunity scholarships constitute financial assistance or |
23 | appropriations to the participating nonpublic school attended by |
24 | the opportunity scholarship recipient. |
25 | (f) Continued eligibility.-- |
26 | (1) Subject to subsection (d) and paragraph (2), a child |
27 | enrolled in a nonresident public school or a participating |
28 | nonpublic school who received an opportunity scholarship |
29 | under this subarticle in the prior school year shall receive |
30 | an opportunity scholarship in each successive school year |
|
1 | until the child completes grade 12. |
2 | (2) (i) If a child who received an opportunity |
3 | scholarship under this subarticle in the prior school |
4 | year ceases to qualify as a low-income child, the child |
5 | shall continue to receive a partial scholarship for the |
6 | lesser of five years or until completion of grade 12. |
7 | (ii) In calculating the amount of the partial |
8 | scholarship, the department shall make a reduction of the |
9 | opportunity scholarship in proportion to the percentage |
10 | by which the child's household income exceeds the |
11 | definition of "low-income child" under this subarticle. |
12 | (g) Penalties.--Any person who fraudulently submits an |
13 | opportunity or local scholarship application or who knowingly |
14 | falsifies material information on an opportunity or local |
15 | scholarship application shall be subject to the following |
16 | penalties: |
17 | (1) Imposition by the department of a civil penalty of |
18 | up to $1,000. |
19 | (2) Prosecution for violation of 18 Pa.C.S. § 4904 |
20 | (relating to unsworn falsification to authorities). |
21 | (3) Disqualification from future participation in the |
22 | opportunity scholarship program. |
23 | (h) Residence in more than one school district within a |
24 | school year.-- |
25 | (1) Where an opportunity scholarship recipient resides |
26 | within more than one school district during a school year, |
27 | the amount of the opportunity scholarship shall be charged |
28 | against each resident school district on a pro rata basis. |
29 | (2) Where a child who received a local scholarship for |
30 | the current school year relocates to another resident school |
|
1 | district during the school year for which the local |
2 | scholarship was awarded, the following shall apply: |
3 | (i) The department shall refund to the resident |
4 | school district that awarded the local scholarship the |
5 | full amount of the local scholarship, reduced on a pro |
6 | rata basis for the portion of the school year in which |
7 | the child resided in the resident school district. |
8 | (ii) If the child relocates to a resident school |
9 | district that elected to provide a local scholarship for |
10 | the current school year, the resident school district to |
11 | which the child has relocated shall provide the child a |
12 | local scholarship, reduced on a pro rata basis for the |
13 | portion of the school year that has been completed. The |
14 | local scholarship shall be paid under section 2504-B(b). |
15 | (iii) If the resident school district to which the |
16 | child has relocated did not elect to provide a local |
17 | scholarship for the current school year under section |
18 | 2504-B(b), the resident school district to which the |
19 | child has relocated shall not provide the child a local |
20 | scholarship. |
21 | Section 2507-B. Guidelines. |
22 | (a) Requirements.--Within 60 days of the effective date of |
23 | this section, the department, subject to the approval of the |
24 | board under section 2509-B(g), shall establish guidelines that |
25 | provide the following: |
26 | (1) Forms to apply for opportunity and local |
27 | scholarships, including application and approval processes |
28 | and deadlines for application and notification. |
29 | (2) Procedures to verify the accuracy of the information |
30 | provided in an opportunity or local scholarship application. |
|
1 | (3) Procedures for school district, school and parent |
2 | notification of opportunity or local scholarship awards. |
3 | (4) Procedures for administration of the opportunity and |
4 | local scholarship programs. |
5 | (5) Confirmation of school enrollment by opportunity |
6 | scholarship recipients. |
7 | (6) Procedures for making payment of opportunity |
8 | scholarships, including policies and procedures to minimize |
9 | the likelihood of fraud or misuse of opportunity scholarship |
10 | funds. For an opportunity scholarship recipient enrolled in a |
11 | participating nonpublic school, the procedures shall include |
12 | restrictive endorsement of opportunity scholarship checks to |
13 | the participating nonpublic school in which the opportunity |
14 | scholarship recipient is enrolled. |
15 | (7) Procedures for participating nonpublic schools to |
16 | pay pro rata refunds of opportunity scholarships to the |
17 | department when an opportunity scholarship recipient |
18 | withdraws from a participating nonpublic school during the |
19 | school year for which the opportunity scholarship was paid. |
20 | (8) Development and distribution of public information |
21 | concerning the opportunity and local scholarship programs. |
22 | (9) Procedures to determine the eligibility of homeless |
23 | students for opportunity scholarships under this subarticle, |
24 | consistent with the Stewart B. McKinney Homeless Assistance |
25 | Act (Public Law 100-77, 101 Stat. 482) or a successor Federal |
26 | statute. |
27 | (10) Deadline dates for actions required to be taken by |
28 | the department, school districts, participating nonpublic |
29 | schools and parents under this subarticle. |
30 | (11) Policies and procedures to be followed by the |
|
1 | participating nonpublic schools in posting the aggregate |
2 | results of the assessment or nationally normed standardized |
3 | achievement test administered to opportunity scholarship |
4 | recipients pursuant to section 2505-B(e)(3)(ii), provided |
5 | that the department shall not require a participating |
6 | nonpublic school to provide individual or aggregate results |
7 | of the testing administered under section 2505-B(e) directly |
8 | to the department or require a participating nonpublic school |
9 | to provide testing results or information beyond the |
10 | requirements of section 2505-B(e)(3). |
11 | (12) Such other procedures as are necessary to fully |
12 | implement the opportunity and local scholarship programs. |
13 | (13) A list of at least eight nationally normed |
14 | standardized achievement tests from which a participating |
15 | nonpublic school may select a test to be administered |
16 | pursuant to section 2505-B(e). The initial list developed by |
17 | the department shall, at a minimum, include the following: |
18 | California Achievement Test, Comprehensive Testing Program |
19 | (CTPIV), Iowa Test of Basic Skills, Metropolitan Achievement |
20 | Test, Peabody Achievement Individual Test - Revised Version, |
21 | Stanford Achievement Test, Terra Nova and Woodcock Johnson |
22 | Revised Tests of Achievement III. |
23 | (b) Publication.--The guidelines shall be published as a |
24 | statement of policy in the Pennsylvania Bulletin. The department |
25 | shall post the guidelines on the department's publicly |
26 | accessible Internet website. |
27 | (c) State Board of Education.--Notwithstanding any other |
28 | provision of law to the contrary, the programs, procedures and |
29 | guidelines required by this subarticle shall not be subject to |
30 | review, regulation or approval by the State Board of Education. |
|
1 | (d) Exemption of guidelines from certain laws.--The initial |
2 | guidelines established by the department, and any amendments |
3 | thereto, shall be exempt from the requirements of the following: |
4 | (1) The act of June 25, 1982 (P.L.633, No.181), known as |
5 | the Regulatory Review Act. |
6 | (2) The act of July 31, 1968 (P.L.769, No.240), referred |
7 | to as the Commonwealth Documents Law. |
8 | (3) The act of October 15, 1980 (P.L.950, No.164), known |
9 | as the Commonwealth Attorneys Act. |
10 | Section 2508-B. Reduction in amount of school aid. |
11 | (a) General rule.--Notwithstanding any other provision of |
12 | law to the contrary, beginning in the second consecutive school |
13 | year of enrollment in a nonresident public school or a |
14 | participating nonpublic school by an opportunity scholarship |
15 | recipient who was enrolled in the recipient's resident school |
16 | district or in a charter school or cyber charter school when the |
17 | recipient first received an opportunity scholarship under this |
18 | subarticle, the amount of Commonwealth basic education funding |
19 | and any other subsidies paid by the department to the resident |
20 | school district shall be reduced by an amount equal to the |
21 | Commonwealth's share of the school district's total revenue per |
22 | average daily membership. |
23 | (b) Average daily membership.--Where a resident school |
24 | district's basic education funding and any other subsidies are |
25 | reduced under subsection (a), the following shall apply: |
26 | (1) The resident school district shall include the |
27 | opportunity scholarship recipient in the resident school |
28 | district's average daily membership. |
29 | (2) A nonresident school district in which the |
30 | opportunity scholarship recipient is enrolled shall not |
|
1 | include the opportunity scholarship recipient in the |
2 | nonresident school district's average daily membership. |
3 | Section 2509-B. Education Opportunity Board. |
4 | (a) Establishment.--An independent board to be known as the |
5 | Education Opportunity Board is established within the |
6 | department. The board shall consist of three members whose |
7 | initial appointments shall be made by the Governor. The Governor |
8 | may appoint no more than two members to the board who are |
9 | members of the same political party as the Governor. No current |
10 | State public official or appointee shall be appointed to serve |
11 | as a member of the board. |
12 | (b) Appointment of successors.--Upon the expiration of the |
13 | term or the occurrence of a vacancy in the office of a member of |
14 | the board, the Governor shall appoint a successor member with |
15 | the advice and consent of a majority of the members elected to |
16 | the Senate. |
17 | (c) Terms of members.--Members of the board shall serve a |
18 | term of four years. Members shall continue to serve after the |
19 | expiration of their term until the Governor appoints a |
20 | replacement who is confirmed by a majority of the members |
21 | elected to the Senate. All members of the board must be |
22 | residents of this Commonwealth. |
23 | (d) Chairperson.--The Governor shall annually select a |
24 | chairperson from among the membership of the board. |
25 | (e) Meetings.--Meetings shall be held at least quarterly at |
26 | the call of the chairperson or upon request in writing of a |
27 | majority of the board. A majority shall constitute a quorum and |
28 | a majority of such quorum shall have the authority to act upon |
29 | any matter properly before the board unless otherwise specified |
30 | in this subarticle. |
|
1 | (f) Compensation prohibited.--Members of the board shall |
2 | receive no compensation for their services but shall be |
3 | reimbursed for their actual and necessary expenses incurred in |
4 | the performance of their official board duties. |
5 | (g) Powers and duties.--The board shall have the following |
6 | powers and duties: |
7 | (1) Advise the department concerning the implementation |
8 | and administration of the opportunity scholarship and local |
9 | scholarship programs. |
10 | (2) Approve, by a majority vote, the guidelines |
11 | established by the department under section 2507-B. |
12 | (3) Prepare a report to be submitted by December 1, |
13 | 2012, and by December 1 of each year thereafter, to the |
14 | chairman and minority chairman of the Education Committee of |
15 | the Senate and the chairman and minority chairman of the |
16 | Education Committee of the House of Representatives |
17 | describing the manner in which the board carries out its |
18 | powers and duties under this subsection. |
19 | (h) Staff.--The department shall provide, from existing |
20 | personnel of the department, adequate staffing to facilitate the |
21 | responsibilities of the board. |
22 | Section 2509.1-B. Powers and duties of department. |
23 | The department shall have the following powers and duties: |
24 | (1) Establish guidelines for the administration of the |
25 | opportunity and local scholarship programs, subject to the |
26 | approval of the board, as required under section 2507-B. |
27 | (2) Administer the opportunity and local scholarship |
28 | application and approval processes. |
29 | (3) Develop the opportunity and local scholarship |
30 | application form and any other forms necessary to administer |
|
1 | the opportunity and local scholarship programs, including the |
2 | notice required to be provided by school districts under |
3 | section 2503-B(d). |
4 | (4) Review and verify the income and residence of |
5 | opportunity and local scholarship applicants. |
6 | (5) Announce the award of opportunity and local |
7 | scholarships for the following school year under sections |
8 | 2504-B(c) and 2505-B(a). |
9 | (6) Confirm the enrollment of opportunity scholarship |
10 | recipients in nonresident public schools and participating |
11 | nonpublic schools and allocate opportunity scholarship funds |
12 | to opportunity scholarship recipients. |
13 | (7) Make payment of opportunity scholarships as provided |
14 | in sections 2504-B and 2505-B. |
15 | (8) Notify school districts that elect to create a local |
16 | scholarship when payment must be made under section |
17 | 2504-B(b). |
18 | (9) Make payment to nonresident public schools of local |
19 | scholarships paid to the department under section |
20 | 2504-B(b)(3). |
21 | (10) Beginning after the first school year of |
22 | implementation of the opportunity scholarship program, |
23 | prepare a report to be submitted to the Governor and the |
24 | General Assembly by December 1 of each year, made available |
25 | to the parents of opportunity scholarship recipients and |
26 | placed on the department's publicly accessible Internet |
27 | website that includes at least the following information for |
28 | the prior school year: |
29 | (i) The total number of opportunity scholarships |
30 | requested. |
|
1 | (ii) The total number and total dollar amount of |
2 | opportunity scholarships awarded, in total and |
3 | disaggregated by: |
4 | (A) Whether the opportunity scholarship |
5 | recipient attends a nonresident public school or a |
6 | participating nonpublic school. |
7 | (B) Grade level of the opportunity scholarship |
8 | recipient. |
9 | (iii) The administrative costs of the opportunity |
10 | scholarship program. |
11 | (iv) A listing of nonresident public schools to |
12 | which opportunity scholarship funds were disbursed on |
13 | behalf of opportunity scholarship recipients and the |
14 | amount disbursed to each nonresident public school. |
15 | (v) A listing of participating nonpublic schools in |
16 | which opportunity scholarship recipients enrolled and the |
17 | number of opportunity scholarship recipients who enrolled |
18 | in each participating nonpublic school. |
19 | (vi) The total number and total dollar amount of |
20 | local scholarships awarded, disaggregated by the resident |
21 | school districts that made the local scholarship awards. |
22 | Section 2510-B. Study. |
23 | (a) Duty of department to conduct.--Following the 2015-2016 |
24 | school year, the department shall conduct a study of the |
25 | effectiveness of the opportunity scholarship program and shall |
26 | deliver a written report of its findings and any recommendations |
27 | for changes to the program, which may include the addition of |
28 | programs for special education students, to the Governor, the |
29 | chairman and minority chairman of the Education Committee of the |
30 | Senate and the chairman and minority chairman of the Education |
|
1 | Committee of the House of Representatives by December 31, 2016. |
2 | The study shall assess the effectiveness of the requirements of |
3 | section 2505-B(e) and shall be conducted using only data posted |
4 | on the participating nonpublic school's publicly accessible |
5 | Internet website under section 2505-B(e)(3)(ii). The study shall |
6 | not include an examination of individual student test results or |
7 | files maintained by participating nonpublic schools. |
8 | (b) Report by Legislative Budget and Finance Committee.--The |
9 | Legislative Budget and Finance Committee shall examine programs |
10 | considered or adopted in other states to serve students with |
11 | special needs and their families and shall report to the General |
12 | Assembly on such programs by June 30, 2012. |
13 | Section 2511-B. Exclusive jurisdiction of Supreme Court. |
14 | The Pennsylvania Supreme Court shall have exclusive |
15 | jurisdiction to hear any challenge or to render a declaratory |
16 | judgment concerning the constitutionality of this subarticle. |
17 | The Supreme Court may take such action as it deems appropriate, |
18 | consistent with the Supreme Court's retaining jurisdiction over |
19 | such a matter, to find facts or to expedite a final judgment in |
20 | connection with such a challenge or request for declaratory |
21 | relief. |
22 | Section 2512-B. Optional local tuition grant program. |
23 | A school district may, out of funds received from the |
24 | Commonwealth for educational purposes, establish a program of |
25 | tuition grants to provide for the education of resident students |
26 | who wish to attend a nonresident public school or a |
27 | participating nonpublic school on a tuition basis. A student who |
28 | receives a tuition grant under this section shall be included in |
29 | the average daily membership of the student's resident school |
30 | district. |
|
1 | (c) Educational Improvement Tax Credit |
2 | Section 2521-B. Definitions. |
3 | The following words and phrases when used in this subarticle |
4 | shall have the meanings given to them in this section unless the |
5 | context clearly indicates otherwise: |
6 | "Business firm." An entity authorized to do business in this |
7 | Commonwealth and subject to taxes imposed under Article XVI of |
8 | the act of May 17, 1921 (P.L.682, No.284), known as The |
9 | Insurance Company Law of 1921, or Article III, IV, VI, VII, |
10 | VIII, IX or XV of the act of March 4, 1971 (P.L.6, No.2), known |
11 | as the Tax Reform Code of 1971. The term includes a pass-through |
12 | entity. For purposes of this subarticle, a business firm shall |
13 | be included in one of the following groups: |
14 | (1) Group 1 includes any business firm that is entering |
15 | the second year of a two-year commitment. |
16 | (2) Group 2 includes any business firm that is renewing |
17 | a two-year commitment that was fulfilled in the most recent |
18 | fiscal year or is applying for tax credits for a contribution |
19 | to a prekindergarten scholarship organization in the same |
20 | amount that it had contributed in the most recent fiscal |
21 | year. |
22 | (3) Group 3 includes any business firm other than a |
23 | business firm in Group 1 or Group 2. |
24 | "Contribution." A donation of cash, personal property or |
25 | services, the value of which is the net cost of the donation to |
26 | the donor or the pro rata hourly wage, including benefits, of |
27 | the individual performing the services. |
28 | "Department." The Department of Community and Economic |
29 | Development of the Commonwealth. |
30 | "Educational improvement organization." A nonprofit entity |
|
1 | which: |
2 | (1) is exempt from Federal taxation under section 501(c) |
3 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
4 | 26 U.S.C. § 1 et seq.); and |
5 | (2) contributes at least 80% of its annual receipts as |
6 | grants to a public school, a chartered school as defined in |
7 | section 1376.1(a) or a private school approved under section |
8 | 1376 for innovative educational programs. |
9 | For purposes of this definition, a nonprofit entity |
10 | "contributes" its annual cash receipts when it expends or |
11 | otherwise irrevocably encumbers those funds for expenditure |
12 | during the then current fiscal year of the nonprofit entity or |
13 | during the next succeeding fiscal year of the nonprofit entity. |
14 | A "nonprofit entity" includes a school district foundation, |
15 | public school foundation, charter school foundation or cyber |
16 | charter school foundation. |
17 | "Eligible prekindergarten student." A student, including an |
18 | eligible student with a disability, who is enrolled in a |
19 | prekindergarten program and is a member of a household with a |
20 | maximum annual household income as increased by the applicable |
21 | income allowance. |
22 | "Eligible student." A school-age student, including an |
23 | eligible student with a disability, who is enrolled in a school |
24 | and is a member of a household with a maximum annual household |
25 | income as increased by the applicable income allowance. |
26 | "Eligible student with a disability." A prekindergarten |
27 | student or a school-age student who meets all of the following: |
28 | (1) Is either enrolled in a special education school or |
29 | has otherwise been identified, in accordance with 22 Pa. Code |
30 | Ch. 14 (relating to special education services and programs), |
|
1 | as a "child with a disability," as defined in 34 CFR § 300.8 |
2 | (relating to child with a disability). |
3 | (2) Needs special education and related services. |
4 | (3) Is enrolled in a prekindergarten program or in a |
5 | school. |
6 | (4) Is a member of a household with a household income |
7 | of not more than the maximum annual household income. |
8 | "Household." An individual living alone or with the |
9 | following: a spouse, parent and their unemancipated minor |
10 | children, other unemancipated minor children who are related by |
11 | blood or marriage or other adults or unemancipated minor |
12 | children living in the household who are dependent upon the |
13 | individual. |
14 | "Household income." All moneys or property received of |
15 | whatever nature and from whatever source derived. The term does |
16 | not include the following: |
17 | (1) Periodic payments for sickness and disability other |
18 | than regular wages received during a period of sickness or |
19 | disability. |
20 | (2) Disability, retirement or other payments arising |
21 | under workers' compensation acts, occupational disease acts |
22 | and similar legislation by any government. |
23 | (3) Payments commonly recognized as old-age or |
24 | retirement benefits paid to persons retired from service |
25 | after reaching a specific age or after a stated period of |
26 | employment. |
27 | (4) Payments commonly known as public assistance or |
28 | unemployment compensation payments by a governmental agency. |
29 | (5) Payments to reimburse actual expenses. |
30 | (6) Payments made by employers or labor unions for |
|
1 | programs covering hospitalization, sickness, disability or |
2 | death, supplemental unemployment benefits, strike benefits, |
3 | Social Security and retirement. |
4 | (7) Compensation received by United States servicemen |
5 | serving in a combat zone. |
6 | "Income allowance." |
7 | (1) Subject to paragraph (2), the amount of $12,000 for |
8 | each eligible student, eligible prekindergarten student and |
9 | dependent member of a household. |
10 | (2) Beginning July 1, 2013, the Department of Community |
11 | and Economic Development shall annually adjust the income |
12 | allowance amount under paragraph (1) to reflect any upward |
13 | changes in the Consumer Price Index for All Urban Consumers |
14 | for the Pennsylvania, New Jersey, Delaware and Maryland area |
15 | in the preceding 12 months and shall immediately submit the |
16 | adjusted amount to the Legislative Reference Bureau for |
17 | publication as a notice in the Pennsylvania Bulletin. |
18 | "Innovative educational program." An advanced academic or |
19 | similar program that is not part of the regular academic program |
20 | of a public school but that enhances the curriculum or academic |
21 | program of a public school, chartered school as defined in |
22 | section 1376.1(a) or private school approved under section 1376, |
23 | or provides prekindergarten programs to public school students, |
24 | students of a chartered school as defined in section 1376.1(a) |
25 | or students of a private school approved under section 1376. |
26 | "Maximum annual household income." |
27 | (1) Except as stated in paragraph (2) and subject to |
28 | paragraph (3), not more than $60,000. |
29 | (2) With respect to an eligible student with a |
30 | disability, as calculated by multiplying: |
|
1 | (i) the sum of: |
2 | (A) the applicable amount under paragraph (1); |
3 | and |
4 | (B) the applicable income allowance; by |
5 | (ii) the applicable support level factor according |
6 | to the following table: |
7 | Support Level | Support Level Factor | 8 | 1 | 1.50 | 9 | 2 | 2.993 |
|
10 | (3) Beginning July 1, 2013, the Department of Community |
11 | and Economic Development shall annually adjust the income |
12 | amounts under paragraphs (1) and (2) to reflect any upward |
13 | changes in the Consumer Price Index for All Urban Consumers |
14 | for the Pennsylvania, New Jersey, Delaware and Maryland area |
15 | in the preceding 12 months and shall immediately submit the |
16 | adjusted amounts to the Legislative Reference Bureau for |
17 | publication as a notice in the Pennsylvania Bulletin. |
18 | "Pass-through entity." A partnership as defined in section |
19 | 301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the |
20 | Tax Reform Code of 1971, a single-member limited liability |
21 | company treated as a disregarded entity for Federal income tax |
22 | purposes or a Pennsylvania S corporation as defined in section |
23 | 301(n.1) of the Tax Reform Code of 1971. |
24 | "Prekindergarten program." A program of instruction for |
25 | three-year-old or four-year-old students that utilizes a |
26 | curriculum aligned with the curriculum of the school with which |
27 | it is affiliated and that provides: |
28 | (1) a minimum of two hours of instructional and |
29 | developmental activities per day at least 60 days per school |
30 | year; or |
|
1 | (2) a minimum of two hours of instructional and |
2 | developmental activities per day at least 20 days over the |
3 | summer recess. |
4 | "Prekindergarten scholarship organization." A nonprofit |
5 | entity that: |
6 | (1) Either is exempt from Federal taxation under section |
7 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
8 | 99-514, 26 U.S.C. § 1 et seq.) or is operated as a separate |
9 | segregated fund by a scholarship organization that has been |
10 | qualified under section 2522-B. |
11 | (2) Contributes at least 80% of its annual cash receipts |
12 | to a prekindergarten scholarship program by expending or |
13 | otherwise irrevocably encumbering those funds for |
14 | distribution during the then current fiscal year of the |
15 | organization or during the next succeeding fiscal year of the |
16 | organization. |
17 | "Prekindergarten scholarship program." A program to provide |
18 | tuition to eligible prekindergarten students to attend a |
19 | prekindergarten program operated by or in conjunction with a |
20 | school located in this Commonwealth and that includes an |
21 | application and review process for the purpose of making awards |
22 | to eligible prekindergarten students and awards scholarships to |
23 | eligible prekindergarten students without limiting availability |
24 | to only students of one school. |
25 | "Public school." A public prekindergarten where compulsory |
26 | attendance requirements do not apply or a public kindergarten, |
27 | elementary school or secondary school at which the compulsory |
28 | attendance requirements of this Commonwealth may be met and that |
29 | meets the applicable requirements of Title VI of the Civil |
30 | Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). |
|
1 | "Scholarship." An award under a scholarship program. |
2 | "Scholarship organization." A nonprofit entity that: |
3 | (1) is exempt from Federal taxation under section 501(c) |
4 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
5 | 26 U.S.C. § 1 et seq.); and |
6 | (2) contributes at least 80% of its annual cash receipts |
7 | to a scholarship program. |
8 | For purposes of this definition, a nonprofit entity |
9 | "contributes" its annual cash receipts to a scholarship program |
10 | when it expends or otherwise irrevocably encumbers those funds |
11 | for distribution during the then current fiscal year of the |
12 | nonprofit entity or during the next succeeding fiscal year of |
13 | the nonprofit entity. |
14 | "Scholarship program." A program to provide tuition to |
15 | eligible students to attend a school located in this |
16 | Commonwealth. A scholarship program must include an application |
17 | and review process for the purpose of making awards to eligible |
18 | students. The award of scholarships to eligible students shall |
19 | be made without limiting availability to only students of one |
20 | school. |
21 | "School." A kindergarten, elementary school or secondary |
22 | school at which the compulsory attendance requirements of the |
23 | Commonwealth may be met and that meets the applicable |
24 | requirements of Title VI of the Civil Rights Act of 1964 (Public |
25 | Law 88-352, 78 Stat. 241), or a public or nonpublic |
26 | prekindergarten. |
27 | "School age." From the earliest admission age to a school's |
28 | prekindergarten or kindergarten program or, when no |
29 | prekindergarten or kindergarten program is provided, the |
30 | school's earliest admission age for beginners, until the end of |
|
1 | the school year the student attains 21 years of age or |
2 | graduation from high school, whichever occurs first. |
3 | "Special education school." A school or program within a |
4 | school that is designated specifically and exclusively for |
5 | students with any of the disabilities listed in 34 CFR § 300.8 |
6 | (relating to child with a disability) and meets one of the |
7 | following: |
8 | (1) is licensed under the act of January 28, 1988 |
9 | (P.L.24, No.11), known as the Private Academic Schools Act; |
10 | (2) is accredited by an accrediting association approved |
11 | by the State Board of Education; |
12 | (3) is a school for the blind or deaf receiving |
13 | Commonwealth appropriations; or |
14 | (4) is operated by or under the authority of a bona fide |
15 | religious institution or by the Commonwealth or any political |
16 | subdivision thereof. |
17 | "Support level." The level of support needed by an eligible |
18 | student with a disability, as stated in the following matrix: |
19 | (1) Support level 1. The student is not enrolled in a |
20 | special education school. |
21 | (2) Support level 2. The student is enrolled in a |
22 | special education school. |
23 | "Tax credit." The educational improvement tax credit |
24 | established under this subarticle. |
25 | Section 2522-B. Qualification and application. |
26 | (a) Establishment.--In accordance with section 14 of Article |
27 | III of the Constitution of Pennsylvania, an educational |
28 | improvement tax credit program is established to enhance the |
29 | educational opportunities available to all students in this |
30 | Commonwealth. |
|
1 | (b) Information.--In order to qualify under this subarticle, |
2 | a scholarship organization, a prekindergarten scholarship |
3 | organization or an educational improvement organization must |
4 | submit information to the department that enables the department |
5 | to confirm that the organization is exempt from taxation under |
6 | section 501(c)(3) of the Internal Revenue Code of 1986 (Public |
7 | Law 99-514, 26 U.S.C. § 1 et seq.). |
8 | (c) Scholarship organizations and prekindergarten |
9 | scholarship organizations.--A scholarship organization or |
10 | prekindergarten scholarship organization must certify to the |
11 | department that the organization is eligible to participate in |
12 | the program established under this subarticle and must agree to |
13 | annually report the following information to the department by |
14 | September 1 of each year: |
15 | (1) (i) The number of scholarships awarded during the |
16 | immediately preceding school year to eligible |
17 | prekindergarten students. |
18 | (ii) The total and average amounts of scholarships |
19 | awarded during the immediately preceding school year to |
20 | eligible prekindergarten students. |
21 | (iii) The number of scholarships awarded during the |
22 | immediately preceding school year to eligible students in |
23 | grades kindergarten through eight. |
24 | (iv) The total and average amounts of scholarships |
25 | awarded during the immediately preceding school year to |
26 | eligible students in grades kindergarten through eight. |
27 | (v) The number of scholarships awarded during the |
28 | immediately preceding school year to eligible students in |
29 | grades 9 through 12. |
30 | (vi) The total and average amounts of scholarships |
|
1 | awarded during the immediately preceding school year to |
2 | eligible students in grades 9 through 12. |
3 | (vii) Where the scholarship organization or |
4 | prekindergarten scholarship organization collects |
5 | information on a county-by-county basis, the total number |
6 | and the total dollar amount of scholarships awarded |
7 | during the immediately preceding school year to residents |
8 | of each county in which the scholarship organization or |
9 | prekindergarten scholarship organization awarded |
10 | scholarships. |
11 | (2) The information required under paragraph (1) shall |
12 | be submitted on a form provided by the department. No later |
13 | than May 1 of each year, the department shall annually |
14 | distribute such sample forms, together with the forms on |
15 | which the reports are required to be made, to each listed |
16 | scholarship organization and prekindergarten scholarship |
17 | organization. |
18 | (3) The department may not require any other information |
19 | to be provided by scholarship organizations or |
20 | prekindergarten scholarship organizations, except as |
21 | expressly authorized in this subarticle. |
22 | (d) Educational improvement organization.-- |
23 | (1) An application submitted by an educational |
24 | improvement organization must describe its proposed |
25 | innovative educational program or programs in a form |
26 | prescribed by the department. In prescribing the form, the |
27 | department shall consult with the Department of Education as |
28 | necessary. The department shall review and approve or |
29 | disapprove the application. In order to be eligible to |
30 | participate in the program established under this subarticle, |
|
1 | an educational improvement organization must agree to |
2 | annually report the following information to the department |
3 | by September 1 of each year: |
4 | (i) The name of the innovative educational program |
5 | or programs and the total amount of the grant or grants |
6 | made to those programs during the immediately preceding |
7 | school year. |
8 | (ii) A description of how each grant was utilized |
9 | during the immediately preceding school year and a |
10 | description of any demonstrated or expected innovative |
11 | educational improvements. |
12 | (iii) The names of the public schools and school |
13 | districts where innovative educational programs that |
14 | received grants during the immediately preceding school |
15 | year were implemented. |
16 | (iv) Where the educational improvement organization |
17 | collects information on a county-by-county basis, the |
18 | total number and the total dollar amount of grants made |
19 | during the immediately preceding school year for programs |
20 | at public schools in each county in which the educational |
21 | improvement organization made grants. |
22 | (2) The information required under paragraph (1) shall |
23 | be submitted on a form provided by the department. No later |
24 | than May 1 of each year, the department shall annually |
25 | distribute such sample forms, together with the forms on |
26 | which the reports are required to be made, to each listed |
27 | educational improvement organization. |
28 | (3) The department may not require any other information |
29 | to be provided by educational improvement organizations, |
30 | except as expressly authorized in this subarticle. |
|
1 | (e) Notification.--The department shall notify the |
2 | scholarship organization, prekindergarten scholarship |
3 | organization or educational improvement organization that the |
4 | organization meets the requirements of this subarticle for that |
5 | fiscal year no later than 60 days after the organization has |
6 | submitted the information required under this section. |
7 | (f) Publication.--The department shall annually publish a |
8 | list of each scholarship organization, prekindergarten |
9 | scholarship organization or educational improvement organization |
10 | qualified under this section in the Pennsylvania Bulletin. The |
11 | list shall also be posted and updated as necessary on the |
12 | publicly accessible Internet website of the department. |
13 | Section 2523-B. Application. |
14 | (a) Scholarship organization or prekindergarten scholarship |
15 | organization.--In order to receive a tax credit, a business firm |
16 | shall apply to the department. A business firm shall receive a |
17 | tax credit if the scholarship organization or prekindergarten |
18 | scholarship organization that receives the contribution appears |
19 | on the list established under section 2522-B(f). |
20 | (b) Educational improvement organization.--In order to |
21 | receive a tax credit, a business firm shall apply to the |
22 | department. A business firm shall receive a tax credit if the |
23 | department has approved the program provided by the educational |
24 | improvement organization that receives the contribution. |
25 | (c) Contributions.--A contribution by a business firm to a |
26 | scholarship organization, prekindergarten scholarship |
27 | organization or educational improvement organization shall be |
28 | made no later than 60 days following the approval of an |
29 | application under subsection (a) or (b). |
30 | Section 2524-B. Tax credit. |
|
1 | (a) Scholarship or educational improvement organizations.-- |
2 | In accordance with section 2525-B(a), the Department of Revenue |
3 | shall grant a tax credit against any tax due under either |
4 | Article XVI of the act of May 17, 1921 (P.L.682, No.284), known |
5 | as The Insurance Company Law of 1921, or Article III, IV, VI, |
6 | VII, VIII, IX or XV of the act of March 4, 1971 (P.L.6, No.2), |
7 | known as the Tax Reform Code of 1971, to a business firm |
8 | providing proof of a contribution to a scholarship organization |
9 | or educational improvement organization in the taxable year in |
10 | which the contribution is made which shall not exceed 75% of the |
11 | total amount contributed during the taxable year by the business |
12 | firm. The tax credit shall not exceed $300,000 annually per |
13 | business firm for contributions made to scholarship |
14 | organizations or educational improvement organizations. |
15 | (b) Additional amount.--The Department of Revenue shall |
16 | grant a tax credit of up to 90% of the total amount contributed |
17 | during the taxable year if the business firm provides a written |
18 | commitment to provide the scholarship organization or |
19 | educational improvement organization with the same amount of |
20 | contribution for two consecutive tax years. The business firm |
21 | must provide the written commitment under this subsection to the |
22 | department at the time of application. |
23 | (c) Prekindergarten scholarship organizations.--In |
24 | accordance with section 2525-B(a), the Department of Revenue |
25 | shall grant a tax credit against any tax due under either |
26 | Article XVI of the Insurance Company Law of 1921 or Article III, |
27 | IV, VI, VII, VIII, IX or XV of the Tax Reform Code of 1971 to a |
28 | business firm providing proof of a contribution to a |
29 | prekindergarten scholarship organization in the taxable year in |
30 | which the contribution is made which shall be equal to 100% of |
|
1 | the first $10,000 contributed during the taxable year by the |
2 | business firm, and which shall not exceed 90% of the remaining |
3 | amount contributed during the taxable year by the business firm. |
4 | The tax credit shall not exceed $150,000 annually per business |
5 | firm for contributions made to prekindergarten scholarship |
6 | organizations. |
7 | (d) Combination of tax credits.--A business firm may receive |
8 | tax credits from the Department of Revenue in any tax year for |
9 | any combination of contributions under subsection (a), (b) or |
10 | (c). In no case may a business firm receive tax credits in any |
11 | tax year in excess of $300,000 for contributions under |
12 | subsections (a) and (b). In no case shall a business firm |
13 | receive tax credits in any tax year in excess of $150,000 for |
14 | contributions under subsection (c). |
15 | (e) Pass-through entity.-- |
16 | (1) If a pass-through entity does not intend to use all |
17 | approved tax credits under this section, it may elect in |
18 | writing to transfer all or a portion of the tax credit to |
19 | shareholders, members or partners in proportion to the share |
20 | of the entity's distributive income to which the shareholder, |
21 | member or partner is entitled for use in the taxable year in |
22 | which the contribution is made or in the taxable year |
23 | immediately following the year in which the contribution is |
24 | made. The election shall designate the year in which the |
25 | transferred tax credits are to be used and shall be made |
26 | according to procedures established by the Department of |
27 | Revenue. |
28 | (2) A pass-through entity and a shareholder, member or |
29 | partner of a pass-through entity shall not claim the tax |
30 | credit under this section for the same contribution. |
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1 | (3) The shareholder, member or partner may not carry |
2 | forward, carry back, obtain a refund of or sell or assign the |
3 | tax credit. |
4 | (4) The shareholder, member or partner may claim the |
5 | credit on a joint return, but the tax credit may not exceed |
6 | the separate income of that shareholder, member or partner. |
7 | (f) Restriction on applicability of credits.--No tax credits |
8 | shall be applied against any tax withheld by an employer from an |
9 | employee under Article III of the Tax Reform Code of 1971. |
10 | (g) Time of application for credits.-- |
11 | (1) The department may accept applications beginning on |
12 | May 15 from business firms for tax credits available during a |
13 | fiscal year that is to begin on July 1. |
14 | (2) If, on July 1 of a fiscal year, applications for tax |
15 | credits available during the fiscal year exceed the total |
16 | aggregate amount of tax credits available for the fiscal |
17 | year, the department shall approve applications for tax |
18 | credits on the following basis, subject to the provisions of |
19 | section 2523-B: |
20 | (i) Group 1 firms whose applications were received |
21 | by July 1 shall be accorded first priority in the |
22 | approval of tax credit applications. If tax credits |
23 | applied for by Group 1 firms exceed the total aggregate |
24 | amount of tax credits available for the program under |
25 | section 2525-B, the department shall approve on a pro |
26 | rata basis the applications of all Group 1 firms that |
27 | applied by July 1, and the applications of Group 2 and |
28 | Group 3 firms shall be denied. Approval of a reduced tax |
29 | credit under this subparagraph shall not disqualify a |
30 | Group 1 firm from receiving a 90% tax credit under |
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1 | subsection (b) even if the amount of tax credit approved |
2 | would require the Group 1 firm to make a lower |
3 | scholarship contribution in the second year of a two-year |
4 | commitment. |
5 | (ii) If tax credits remain available after credits |
6 | have been awarded under subparagraph (i), Group 2 firms |
7 | whose applications were received by July 1 shall be |
8 | accorded priority in the approval of applications for the |
9 | remaining tax credits. If the sum of the tax credits |
10 | approved under subparagraph (i) and the credits applied |
11 | for by Group 2 firms exceeds the total aggregate amount |
12 | of tax credits available for the program under section |
13 | 2525-B, the department shall approve on a pro rata basis |
14 | the applications for the remaining tax credits submitted |
15 | by all Group 2 firms that applied by July 1, and the |
16 | applications of Group 3 firms shall be denied. |
17 | (iii) If tax credits remain available on July 1 |
18 | after credits have been awarded under subparagraphs (i) |
19 | and (ii), applications of Group 3 firms shall be |
20 | approved, on a pro rata basis within that group if |
21 | necessary. Thereafter, the department shall approve the |
22 | applications of all business firms on a daily basis. If, |
23 | on any day after July 1, the cumulative sum of the tax |
24 | credits approved and the tax credits applied for on that |
25 | day exceeds the total aggregate amount of tax credits |
26 | available for the program under section 2525-B, the |
27 | department shall approve on a pro rata basis the |
28 | applications received on that day. |
29 | Section 2525-B. Limitations. |
30 | (a) Amount.-- |
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1 | (1) (i) For the fiscal years 2012-2013 through |
2 | 2014-2015, the total aggregate amount of all tax credits |
3 | approved for scholarship organizations and educational |
4 | improvement organizations shall be as follows: |
5 | Fiscal Year | Amount | 6 | 2012-2013 and 2013-2014 | Not to exceed $92,000,000 | 7 | 2014-2015 | Not to exceed $115,000,000. |
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8 | No less than 75% of the total aggregate amount of all tax |
9 | credits approved shall be used to provide tax credits for |
10 | contributions from business firms to scholarship |
11 | organizations. No less than 25% of the total aggregate |
12 | amount of all tax credits approved shall be used to |
13 | provide tax credits for contributions from business firms |
14 | to educational improvement organizations. |
15 | (ii) From the tax credits for contributions by |
16 | business firms to educational improvement organizations, |
17 | 20% of the available amount shall initially be set aside |
18 | for contributions by business firms to educational |
19 | improvement organizations that are also school district |
20 | foundations, public school foundations, charter school |
21 | foundations or cyber charter school foundations and shall |
22 | be distributed in accordance with section 2524-B(g). |
23 | (iii) Tax credits remaining from the amount set |
24 | aside in subparagraph (ii) after July 1 of each year |
25 | shall be made available to business firms for |
26 | contributions to any educational improvement organization |
27 | and shall be distributed in accordance with section 2524- |
28 | B(g). |
29 | (2) (i) Subject to adjustment under subparagraph (ii), |
30 | in the fiscal year 2015-2016 and each fiscal year |
|
1 | thereafter, the total aggregate amount of all tax credits |
2 | available shall equal the total aggregate amount of all |
3 | tax credits available in the prior fiscal year. |
4 | (ii) Beginning in the fiscal year 2015-2016, in any |
5 | fiscal year in which the total aggregate amount of all |
6 | tax credits approved for the prior fiscal year is equal |
7 | to or greater than 90% of the total aggregate amount of |
8 | all tax credits available for the prior fiscal year, the |
9 | total aggregate amount of all tax credits available shall |
10 | increase by 5%. The department shall publish on its |
11 | Internet website the total aggregate amount of all tax |
12 | credits available when the amount is increased under this |
13 | paragraph. |
14 | (3) For the fiscal years 2012-2013 through 2014-2015, |
15 | the total aggregate amount of all tax credits approved for |
16 | contributions from business firms to prekindergarten |
17 | scholarship programs shall be as follows: |
18 | Fiscal Year | Amount | 19 | 2012-2013 and 2013-2014 | Not to exceed $8,000,000 | 20 | 2014-2015 | Not to exceed $10,000,000. |
|
21 | (4) (i) Subject to adjustment in subparagraph (ii), in |
22 | the fiscal year 2015-2016 and each fiscal year |
23 | thereafter, the total aggregate amount of all tax credits |
24 | available to prekindergarten scholarship programs shall |
25 | equal the total aggregate amount of all tax credits |
26 | available to prekindergarten scholarship programs in the |
27 | prior fiscal year. |
28 | (ii) Beginning in the fiscal year 2015-2016, in any |
29 | fiscal year in which the total aggregate amount of all |
30 | tax credits approved for the prior fiscal year for |
|
1 | prekindergarten scholarship programs is equal to or |
2 | greater than 90% of the total aggregate amount of all tax |
3 | credits available for prekindergarten scholarship |
4 | programs for the prior fiscal year, the total aggregate |
5 | amount of all tax credits available for prekindergarten |
6 | scholarship programs shall increase by 5%. The department |
7 | shall publish on its Internet website the total aggregate |
8 | amount of all tax credits available for prekindergarten |
9 | scholarship programs when the amount is increased under |
10 | this paragraph. |
11 | (b) Activities.--No tax credit shall be approved for |
12 | activities that are a part of a business firm's normal course of |
13 | business. |
14 | (c) Tax liability.-- |
15 | (1) Except as provided in paragraph (2), a tax credit |
16 | granted for any one taxable year may not exceed the tax |
17 | liability of a business firm. |
18 | (2) In the case of a credit granted to a pass-through |
19 | entity which elects to transfer the credit according to |
20 | section 2524-B(e), a tax credit granted for any one taxable |
21 | year and transferred to a shareholder, member or partner may |
22 | not exceed the tax liability of the shareholder, member or |
23 | partner. |
24 | (d) Use.--A tax credit not used by the applicant in the |
25 | taxable year the contribution was made or in the year designated |
26 | by the shareholder, member or partner to whom the credit was |
27 | transferred under section 2524-B(e) may not be carried forward |
28 | or carried back and is not refundable or transferable. |
29 | (e) Nontaxable income.--A scholarship received by an |
30 | eligible student or eligible prekindergarten student shall not |
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1 | be considered to be taxable income for the purposes of Article |
2 | III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax |
3 | Reform Code of 1971. |
4 | Section 2526-B. Lists. |
5 | The Department of Revenue shall provide to the General |
6 | Assembly, by June 30 of each year, a list of all scholarship |
7 | organizations, prekindergarten scholarship organizations and |
8 | educational improvement organizations that receive contributions |
9 | from business firms granted a tax credit. |
10 | Section 2527-B. Guidelines. |
11 | The department, in consultation with the Department of |
12 | Education, shall develop guidelines to determine the eligibility |
13 | of an innovative educational program. |
14 | Section 21. Repeals are as follows: |
15 | (1) The General Assembly declares that the repeal under |
16 | paragraph (2) is necessary to effectuate the addition of |
17 | Article XXV-B of the act. |
18 | (2) Article XVII-F of the act of March 4, 1971 (P.L.6, |
19 | No.2), known as the Tax Reform Code of 1971, is repealed. |
20 | Section 22. The provisions of Article XXV-B of the act are |
21 | severable. If any provision of that article or its application |
22 | to any person or circumstance is held invalid, the invalidity |
23 | shall not affect other provisions or applications of that |
24 | article which can be given effect without the invalid provision |
25 | or application. |
26 | Section 23. This act shall take effect as follows: |
27 | (1) The addition of Article XXV-B(a) and (b) of the act |
28 | shall take effect immediately. |
29 | (2) The addition of Article XXV-B(c) of the act shall |
30 | take effect July 1, 2012, or immediately, whichever is later. |
|
1 | (3) The addition of section 1704-A of the act shall take |
2 | effect immediately. |
3 | (4) The amendment of section 1725-A(a)(5) of the act |
4 | shall take effect October 1, 2012. |
5 | (5) Section 21 of this act shall take effect July 1, |
6 | 2012, or immediately, whichever is later. |
7 | (6) This section shall take effect immediately. |
8 | (7) The remainder of this act shall take effect in 90 |
9 | days. |
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