Regular Session 2023-2024 Senate Bill 0700 P.N. 1816

HOUSE AMENDED

PRIOR PRINTER'S NOS. 877, 1183

PRINTER'S NO. 1816

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

700

Session of

2023

INTRODUCED BY BROOKS, DUSH, LAUGHLIN, BROWN, HUTCHINSON, MILLER,

HAYWOOD, SCHWANK, MASTRIANO, MUTH AND PENNYCUICK,

JUNE 14, 2023

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, JULY 11, 2024

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in certification of teachers, further

providing for Career and Technical Instructional Certificate.

AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN

ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN

PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL

SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE

LAWS RELATING THERETO," IN PRELIMINARY PROVISIONS, PROVIDING

FOR ADVERTISING AND SPONSORSHIPS; IN INTERMEDIATE UNITS,

FURTHER PROVIDING FOR SCHOOL SAFETY AND SECURITY

ENHANCEMENTS; IN PROFESSIONAL EMPLOYEES, FURTHER PROVIDING

FOR QUALIFICATIONS; IN CERTIFICATION OF TEACHERS, FURTHER

PROVIDING FOR STATE CERTIFICATES, FOR CAREER AND TECHNICAL

INSTRUCTION AND FOR BACCALAUREATE CERTIFICATION BASIC SKILLS

ASSESSMENT; IN EDUCATOR PIPELINE SUPPORT GRANT PROGRAM,

FURTHER PROVIDING FOR DEFINITIONS, FOR PROGRAM ESTABLISHMENT

AND DUTIES OF AGENCY, FOR ELIGIBILITY AND FOR REPORT; IN

SCHOOL SAFETY AND SECURITY, FURTHER PROVIDING FOR SCHOOL

SAFETY AND SECURITY GRANT PROGRAM, FOR SCHOOL SAFETY AND

SECURITY COORDINATOR, FOR TARGETED SCHOOL SAFETY GRANTS FOR

NONPUBLIC SCHOOLS AND SCHOOL ENTITIES PROGRAM AND FOR SCHOOL

SAFETY AND SECURITY TRAINING AND PROVIDING FOR SCHOOL SAFETY

AND MENTAL HEALTH GRANTS FOR 2024-2025 SCHOOL YEAR; IN SCHOOL

SECURITY, FURTHER PROVIDING FOR DUTIES OF COMMISSION,

PROVIDING FOR SCHOOL SECURITY PERSONNEL AND ESTABLISHING

SCHOOL SECURITY PERSONNEL FUND; IN SCHOOL SECURITY, FURTHER

PROVIDING FOR DUTIES OF COMMISSION AND PROVIDING FOR SCHOOL

SECURITY PERSONNEL AND FOR SCHOOL SECURITY PERSONNEL FUND; IN

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SCHOOL HEALTH SERVICES, FURTHER PROVIDING FOR VISION

SCREENING AND EXAMINATIONS; IN DRUG AND ALCOHOL RECOVERY HIGH

SCHOOL PROGRAM, FURTHER PROVIDING FOR ESTABLISHMENT AND

PAYMENT OF TUITION; IN ADMINISTRATIVE PARTNERSHIPS BETWEEN

SCHOOL ENTITIES, FURTHER PROVIDING FOR LEGISLATIVE INTENT AND

FOR DEFINITIONS, PROVIDING FOR INSTRUCTIONAL PROGRAMMING

PARTNERSHIPS AUTHORIZED, FOR SCHOOL DISTRICT FEASIBILITY

STUDY AND FOR CONSTRUCTION AND FURTHER PROVIDING FOR

ESTABLISHMENT, FOR APPLICATION, FOR GRANT AWARDS, FOR

TECHNICAL ASSISTANCE, FOR REPORTS BY SCHOOL ENTITIES AND FOR

REPORTS BY DEPARTMENT; IN TALENT RECRUITMENT, FURTHER

PROVIDING FOR TALENT RECRUITMENT ACCOUNT; IN CHARTER SCHOOLS,

FURTHER PROVIDING FOR DEFINITIONS, FOR CHARTER SCHOOL

REQUIREMENTS, FOR POWERS OF BOARD OF TRUSTEES, FOR FACILITIES

AND FOR FUNDING FOR CHARTER SCHOOLS, PROVIDING FOR FUNDING

FOR CYBER CHARTER SCHOOLS, FURTHER PROVIDING FOR ENROLLMENT

AND NOTIFICATION AND PROVIDING FOR ENROLLEE WELLNESS CHECKS

AND FOR APPLICABILITY OF OTHER PROVISIONS OF THIS ACT AND OF

OTHER ACTS AND REGULATIONS; IN DISABILITY INCLUSIVE

CURRICULUM, FURTHER PROVIDING FOR DEPARTMENT

RESPONSIBILITIES; IN SCHOOLS-TO-WORK-PROGRAM, REPEALING

PROVISIONS RELATING TO EXPIRATION; IN COMMUNITY COLLEGES,

FURTHER PROVIDING FOR FINANCIAL PROGRAM AND REIMBURSEMENT OF

PAYMENTS; IN EDUCATIONAL TAX CREDITS, FURTHER PROVIDING FOR

DEFINITIONS, FOR QUALIFICATION AND APPLICATION BY

ORGANIZATIONS, FOR TAX CREDITS AND FOR LIMITATIONS, REPEALING

PROVISIONS RELATING TO OPPORTUNITY SCHOLARSHIPS AND PROVIDING

FOR ECONOMICALLY DISADVANTAGED SCHOOL SCHOLARSHIPS; IN COURSE

MATERIALS AT INSTITUTIONS OF HIGHER EDUCATION, REPEALING

PROVISIONS RELATING TO COLLEGE TEXTBOOK POLICIES ADVISORY

COMMITTEE; IN SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC

VIOLENCE AND STALKING EDUCATION, PREVENTION AND RESPONSE AT

INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE LICENSED

SCHOOLS, FURTHER PROVIDING FOR MEMORANDUM OF UNDERSTANDING;

IN MISCELLANEOUS PROVISIONS RELATING TO INSTITUTIONS OF

HIGHER EDUCATION, REPEALING PROVISIONS RELATING TO PUBLIC

HIGHER EDUCATION FUNDING COMMISSION; IN FUNDING FOR PUBLIC

LIBRARIES, PROVIDING FOR STATE AID FOR FISCAL YEAR 2024-2025;

IN REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN SCHOOL

DISTRICTS, FURTHER PROVIDING FOR PAYMENTS ON ACCOUNT OF

PUPILS ENROLLED IN CAREER AND TECHNICAL CURRICULUMS AND FOR

STUDENT-WEIGHTED BASIC EDUCATION FUNDING, PROVIDING FOR

STUDENT-WEIGHTED BASIC EDUCATION FUNDING BEGINNING WITH 2023-

2024 SCHOOL YEAR, FURTHER PROVIDING FOR STATE REIMBURSEMENT

FOR HEALTH SERVICES, FOR PAYMENTS TO INTERMEDIATE UNITS, FOR

ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL

RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL WATCH STATUS AND

FOR COMMONWEALTH REIMBURSEMENTS FOR CHARTER SCHOOLS AND CYBER

CHARTER SCHOOLS, REPEALING PROVISIONS RELATING TO

ADMINISTRATIVE AND INSTRUCTIONAL CONSOLIDATION INCENTIVES AND

FURTHER PROVIDING FOR READY-TO-LEARN BLOCK GRANT; IN STATE

BOARD OF EDUCATION, FURTHER PROVIDING FOR POWERS AND DUTIES

OF THE BOARD; IN CONSTRUCTION AND RENOVATION OF BUILDINGS BY

SCHOOL ENTITIES, FURTHER PROVIDING FOR APPLICABILITY; IN

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM, FURTHER PROVIDING FOR

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM RESTRICTED ACCOUNT AND

FOR SCHOOL ENVIRONMENTAL REPAIRS PROGRAM; AND MAKING

EDITORIAL CHANGES.

The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

Section 1. Section 1204.2(b) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended and the section is amended by adding subsections to

read:

Section 1204.2. Career and Technical Instructional

Certificate.--* * *

(b) [In addition to other requirements promulgated by the

State Board of Education, the State Board of Education shall

require an applicant to present evidence of at least four (4)

years of wage-earning experience in the occupation to be taught

in order for the Secretary of Education to grant the applicant a

Career and Technical Intern Certificate under 22 Pa. Code §

49.151 (relating to eligibility and criteria).] In addition to

other requirements promulgated by the State Board of Education,

the Department of Education shall issue a Career and Technical

Intern Certificate under 22 Pa. Code § 49.151 (relating to

eligibility and criteria) to an individual seeking a position

with the primary responsibility of teaching occupational skills

in State-approved career and technical education programs in the

public schools of this Commonwealth if the individual presents

any of the following:

(1) Evidence of a minimum of eight thousand (8,000) hours,

equivalent to four (4) years full-time, of wage-earning

experience in the occupational area to be taught.

(2) Evidence of a minimum of four thousand (4,000) hours,

equivalent to two (2) years full-time, of wage-earning

experience in the occupational area to be taught plus a

baccalaureate degree.

(3) Evidence of a minimum of eight thousand (8,000) hours,

20230SB0700PN1816 - 3 -

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equivalent to four (4) years full-time, of experience as a

volunteer firefighter or emergency medical technician in the

occupational area to be taught.

(4) Evidence of a minimum of eight thousand (8,000) hours,

equivalent to four (4) years full-time, of experience teaching

post-secondary courses at a regionally accredited institution of

higher education in the occupational area to be taught.

* * *

(b.1) In addition to other requirements promulgated by the

State Board of Education, the Department of Education shall

issue a Career and Technical Instructional I Certificate under

22 Pa. Code § 49.142 (relating to Career and Technical

Instructional I) to an individual seeking a position with the

primary responsibility of teaching occupational skills in State-

approved career and technical education programs in the public

schools of this Commonwealth if the individual presents any of

the following:

(1) Evidence of a minimum of eight thousand (8,000) hours,

equivalent to four (4) years full-time, of wage-earning

experience in the occupational area to be taught.

(2) Evidence of a minimum of four thousand (4,000) hours,

equivalent to two (2) years full-time, of wage-earning

experience in the occupational area to be taught plus a

baccalaureate degree.

(3) Evidence of a minimum of eight thousand (8,000) hours,

equivalent to four (4) years full-time, as a volunteer

firefighter or emergency medical technician in the occupational

area to be taught.

(4) Evidence of a minimum of eight thousand (8,000) hours,

equivalent to four (4) years full-time, of experience teaching

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post-secondary courses at a regionally accredited institution of

higher education in the occupational area to be taught.

* * *

(f) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Emergency medical technician" shall mean an individual who

is certified by the Department of Health as an emergency medical

technician.

"Volunteer firefighter" shall mean as follows:

(1) A person who is a member of:

(i) a fire company organized and existing under the laws of

this Commonwealth;

(ii) a fire police unit, rescue squad, ambulance corps or

other like organization affiliated with one or more fire

companies; or

(iii) a fire company or affiliated organization which

participates in the fire service but does not look to that

service as his or her primary means of livelihood.

(2) A person does not lose status as a volunteer firefighter

solely because he or she may also be a paid firefighter, so long

as the person is acting within the scope of his or her

responsibilities as a member of a volunteer fire company at the

pertinent time and not within the scope of his or her

responsibilities as a paid firefighter.

Section 2. This act shall take effect in 60 days.

SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN

AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A

SECTION TO READ:

SECTION 134. ADVERTISING AND SPONSORSHIPS.--(A) A PAID

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MEDIA ADVERTISEMENT BY A PUBLIC SCHOOL ENTITY OR ON BEHALF OF A

PUBLIC SCHOOL ENTITY THAT REFERS TO THE COST OF TUITION,

TECHNOLOGY, TRANSPORTATION OR OTHER EXPENSES SHALL NOT ADVERTISE

THOSE EXPENSES AS FREE, AND ANY REFERENCE TO TUITION,

TECHNOLOGY, TRANSPORTATION OR OTHER EXPENSES MUST INDICATE THAT

THE COST IS COVERED BY TAXPAYER DOLLARS.

(B) NO LATER THAN AUGUST 1, 2025, EACH PUBLIC SCHOOL ENTITY

SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE ENTITY'S TOTAL

EXPENDITURES FOR PAID MEDIA ADVERTISEMENTS AND SPONSORSHIPS OF

PUBLIC EVENTS FOR THE 2024-2025 SCHOOL YEAR. THE DEPARTMENT

SHALL COMPILE THE RESULTS OF THE REPORTS AND MAKE THE RESULTS

AVAILABLE ON THE DEPARTMENT OF EDUCATION'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE BY DECEMBER 1, 2025.

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS

THE CONTEXT CLEARLY INDICATES OTHERWISE:

"PAID MEDIA ADVERTISEMENT." THE TERM INCLUDES A TELEVISION,

RADIO, NEWSPAPER, MAGAZINE OR MOVIE THEATER ADVERTISEMENT,

BILLBOARD, BUS POSTER OR INTERNET-BASED OR OTHER COMMERCIAL

METHOD THAT MAY PROMOTE ENROLLMENT IN A PUBLIC SCHOOL ENTITY.

"PUBLIC EVENT." AN ACTIVITY, EVENT OR GATHERING THAT MEMBERS

OF THE PUBLIC MAY ATTEND, HAS BEEN PUBLICLY ANNOUNCED OR

PUBLICIZED IN ADVANCE AND FOR WHICH AN ADMISSION FEE OR COST MAY

BE REQUIRED. THE TERM INCLUDES CONCERTS, PERFORMANCES, SPORTING

EVENTS, FAIRS, FESTIVALS, PARADES, PERFORMANCES AND OTHER

EXHIBITIONS. THE TERM SHALL NOT INCLUDE SCHOOL-SPONSORED

ACTIVITIES AS DEFINED IN SECTION 1318.1(J).

"PUBLIC SCHOOL ENTITY." A PUBLIC SCHOOL DISTRICT, CHARTER

SCHOOL ENTITY AS DEFINED IN SECTION 1703-A, INTERMEDIATE UNIT OR

AREA CAREER AND TECHNICAL SCHOOL.

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SECTION 2. SECTION 923.3-A(C) AND (D) OF THE ACT, AMENDED

DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED AND SUBSECTION

(B) IS AMENDED BY ADDING A DEFINITION TO READ:

SECTION 923.3-A. SCHOOL SAFETY AND SECURITY ENHANCEMENTS.-*

* *

(B) DEFINITIONS. AS USED IN THIS SECTION:

"COMMISSION" MEANS THE PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY.

* * *

PROGRAM OF SCHOOL SECURITY ENHANCEMENTS SHALL BE PROVIDED [BY AN

INTERMEDIATE UNIT IN WHICH A NONPUBLIC SCHOOL IS LOCATED,] FOR

NONPUBLIC SCHOOLS IN ACCORDANCE WITH STANDARDS DEVELOPED BY THE

SCHOOL SAFETY AND SECURITY COMMITTEE ESTABLISHED UNDER SECTION

1302-B IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION AND

PURSUANT TO SECTION 1306.1-B. [THROUGH THE PROGRAM, AN

INTERMEDIATE UNIT SHALL MAKE APPLICATION FOR SCHOOL SAFETY AND

SECURITY ENHANCEMENTS UPON THE REQUEST OF A NONPUBLIC SCHOOL OR

COMBINATION OF NONPUBLIC SCHOOLS LOCATED WITHIN THE INTERMEDIATE

UNIT. SCHOOL SAFETY AND SECURITY ENHANCEMENTS FOR WHICH GRANTS

ARE RECEIVED SHALL BE PROVIDED FOR OR CONTRACTED FOR DIRECTLY BY

THE INTERMEDIATE UNIT OR LOANED BY THE INTERMEDIATE UNIT TO THE

NONPUBLIC SCHOOL.]

(D) LIMITATIONS. IN CARRYING OUT THE DUTIES OF THIS SECTION

AND THE SCHOOL SAFETY AND SECURITY GRANT PROGRAM, THE

[INTERMEDIATE UNIT] COMMISSION MAY NOT USE MORE THAN FIVE PER

CENTUM (5%) OF THE FUNDS IT RECEIVES UNDER THIS SECTION FOR

GRANT ADMINISTRATION. [IF ALL FUNDS ALLOCATED BY THE

INTERMEDIATE UNITS FOR ADMINISTRATION ARE NOT EXPENDED FOR

PURPOSES OF THIS SECTION, THE FUNDS MAY BE USED FOR OTHER

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PROGRAM COSTS.]

SECTION 3. SECTIONS 1109(A) AND 1202 OF THE ACT ARE AMENDED

TO READ:

SECTION 1109. QUALIFICATIONS.--(A) EVERY TEACHER EMPLOYED

TO TEACH IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH MUST BE A

PERSON OF GOOD MORAL CHARACTER, MUST BE AT LEAST EIGHTEEN YEARS

OF AGE, AND MUST BE A CITIZEN OF THE UNITED STATES OR AUTHORIZED

TO WORK IN THE UNITED STATES: PROVIDED, THAT CITIZENSHIP MAY BE

WAIVED IN THE CASE OF EXCHANGE TEACHERS NOT PERMANENTLY

EMPLOYED, AND TEACHERS EMPLOYED FOR THE PURPOSE OF TEACHING

FOREIGN LANGUAGES, INCLUDING SPECIAL TEACHERS WHO SPEAK THE

IDIOMATIC OR COLLOQUIAL LANGUAGE OF IMMIGRANTS RESIDING IN THE

SCHOOL DISTRICT, AND EMPLOYED FOR THE PURPOSE OF EASING THE

TRANSITION PERIOD OF SUCH IMMIGRANTS.

* * *

SECTION 1202. STATE CERTIFICATES.--STATE CERTIFICATES SHALL

BE ISSUED AS HEREIN PROVIDED. EACH SUCH CERTIFICATE SHALL SET

FORTH THE BRANCHES WHICH ITS HOLDER IS ENTITLED TO TEACH. NO

TEACHER SHALL TEACH, IN ANY PUBLIC SCHOOL, ANY BRANCH WHICH HE

HAS NOT BEEN PROPERLY CERTIFICATED TO TEACH.

A CERTIFICATE TO TEACH [SHALL NOT] MAY BE GRANTED OR ISSUED

TO ANY PERSON [NOT] WHO IS A CITIZEN OF THE UNITED STATES,

[EXCEPT IN THE CASE OF] AN EXCHANGE [TEACHERS] TEACHER NOT

PERMANENTLY EMPLOYED [AND TEACHERS], A TEACHER EMPLOYED FOR THE

PURPOSE OF TEACHING FOREIGN LANGUAGES OR A PERSON AUTHORIZED TO

WORK IN THE UNITED STATES.

IN THE CASE OF A RESIDENT FOREIGN NATIONAL HOLDING AN

IMMIGRANT VISA WHO HAS DECLARED, IN WRITING, TO THE DEPARTMENT

OF [PUBLIC INSTRUCTION] EDUCATION THE INTENTION OF BECOMING A

CITIZEN OF THE UNITED STATES, SUCH PERSON SHALL BE ELIGIBLE FOR

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A PROVISIONAL COLLEGE CERTIFICATE.

SECTION 4. SECTION 1204.2(B) OF THE ACT IS AMENDED AND THE

SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

SECTION 1204.2. CAREER AND TECHNICAL INSTRUCTIONAL

CERTIFICATE.--* * *

(B) [IN ADDITION TO OTHER REQUIREMENTS PROMULGATED BY THE

STATE BOARD OF EDUCATION, THE STATE BOARD OF EDUCATION SHALL

REQUIRE AN APPLICANT TO PRESENT EVIDENCE OF AT LEAST FOUR (4)

YEARS OF WAGE-EARNING EXPERIENCE IN THE OCCUPATION TO BE TAUGHT

IN ORDER FOR THE SECRETARY OF EDUCATION TO GRANT THE APPLICANT A

CAREER AND TECHNICAL INTERN CERTIFICATE UNDER 22 PA. CODE §

49.151 (RELATING TO ELIGIBILITY AND CRITERIA).] IN ADDITION TO

OTHER REQUIREMENTS PROMULGATED BY THE STATE BOARD OF EDUCATION,

THE DEPARTMENT OF EDUCATION SHALL ISSUE A CAREER AND TECHNICAL

INTERN CERTIFICATE UNDER 22 PA. CODE § 49.151 (RELATING TO

ELIGIBILITY AND CRITERIA) TO AN INDIVIDUAL SEEKING A POSITION

WITH THE PRIMARY RESPONSIBILITY OF TEACHING OCCUPATIONAL SKILLS

IN STATE-APPROVED CAREER AND TECHNICAL EDUCATION PROGRAMS IN THE

PUBLIC SCHOOLS OF THIS COMMONWEALTH IF THE INDIVIDUAL PRESENTS

ANY OF THE FOLLOWING:

(1) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS,

EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF WAGE-EARNING

EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(2) EVIDENCE OF A MINIMUM OF FOUR THOUSAND (4,000) HOURS,

EQUIVALENT TO TWO (2) YEARS FULL-TIME, OF WAGE-EARNING

EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT PLUS A

BACCALAUREATE DEGREE.

(3) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS,

EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF EXPERIENCE AS A

VOLUNTEER FIREFIGHTER OR EMERGENCY MEDICAL TECHNICIAN IN THE

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OCCUPATIONAL AREA TO BE TAUGHT.

(4) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS,

EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF EXPERIENCE TEACHING

POST-SECONDARY COURSES AT A REGIONALLY ACCREDITED INSTITUTION OF

HIGHER EDUCATION IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(B.1) IN ADDITION TO OTHER REQUIREMENTS PROMULGATED BY THE

STATE BOARD OF EDUCATION, THE DEPARTMENT OF EDUCATION SHALL

ISSUE A CAREER AND TECHNICAL INSTRUCTIONAL I CERTIFICATE UNDER

22 PA. CODE § 49.142 (RELATING TO CAREER AND TECHNICAL

INSTRUCTIONAL I) TO AN INDIVIDUAL SEEKING A POSITION WITH THE

PRIMARY RESPONSIBILITY OF TEACHING OCCUPATIONAL SKILLS IN STATE-

APPROVED CAREER AND TECHNICAL EDUCATION PROGRAMS IN THE PUBLIC

SCHOOLS OF THIS COMMONWEALTH IF THE INDIVIDUAL PRESENTS ANY OF

THE FOLLOWING:

(1) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS,

EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF WAGE-EARNING

EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(2) EVIDENCE OF A MINIMUM OF FOUR THOUSAND (4,000) HOURS,

EQUIVALENT TO TWO (2) YEARS FULL-TIME, OF WAGE-EARNING

EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT PLUS A

BACCALAUREATE DEGREE.

(3) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS,

EQUIVALENT TO FOUR (4) YEARS FULL-TIME, AS A VOLUNTEER

FIREFIGHTER OR EMERGENCY MEDICAL TECHNICIAN IN THE OCCUPATIONAL

AREA TO BE TAUGHT.

(4) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS,

EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF EXPERIENCE TEACHING

POST-SECONDARY COURSES AT A REGIONALLY ACCREDITED INSTITUTION OF

HIGHER EDUCATION IN THE OCCUPATIONAL AREA TO BE TAUGHT.

* * *

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(F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS

THE CONTEXT CLEARLY INDICATES OTHERWISE:

"EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN AN INDIVIDUAL WHO

IS CERTIFIED BY THE DEPARTMENT OF HEALTH AS AN EMERGENCY MEDICAL

TECHNICIAN.

"VOLUNTEER FIREFIGHTER" SHALL MEAN AS FOLLOWS:

(1) A PERSON WHO IS A MEMBER OF:

(I) A FIRE COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF

THIS COMMONWEALTH;

(II) A FIRE POLICE UNIT, RESCUE SQUAD, AMBULANCE CORPS OR

OTHER LIKE ORGANIZATION AFFILIATED WITH ONE OR MORE FIRE

COMPANIES; OR

(III) A FIRE COMPANY OR AFFILIATED ORGANIZATION WHICH

PARTICIPATES IN THE FIRE SERVICE BUT DOES NOT LOOK TO THAT

SERVICE AS THE PERSON'S PRIMARY MEANS OF LIVELIHOOD.

(2) A PERSON DOES NOT LOSE STATUS AS A VOLUNTEER FIREFIGHTER

SOLELY BECAUSE THE PERSON MAY ALSO BE A PAID FIREFIGHTER, SO

LONG AS THE PERSON IS ACTING WITHIN THE SCOPE OF THE PERSON'S

RESPONSIBILITIES AS A MEMBER OF A VOLUNTEER FIRE COMPANY AT THE

PERTINENT TIME AND NOT WITHIN THE SCOPE OF THE PERSON'S

RESPONSIBILITIES AS A PAID FIREFIGHTER.

SECTION 5. SECTION 1207.3 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 1207.3. BACCALAUREATE CERTIFICATION BASIC SKILLS

ASSESSMENT.--* * *

(D) THIS SECTION SHALL EXPIRE JUNE 30, 2025.

SECTION 6. ARTICLE XII-B HEADING OF THE ACT, ADDED DECEMBER

13, 2023 (P.L.187, NO.33), IS AMENDED TO READ:

ARTICLE XII-B

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[EDUCATOR PIPELINE] STUDENT TEACHER SUPPORT GRANT PROGRAM

SECTION 7. THE DEFINITIONS OF "APPROVED EDUCATOR PREPARATION

PROGRAM" AND "PROGRAM" IN SECTION 1202-B OF THE ACT, ADDED

DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED TO READ:

SECTION 1202-B. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"APPROVED EDUCATOR PREPARATION PROGRAM." [A SEQUENCE OF

COURSES AND EXPERIENCES OFFERED BY AN INSTITUTION OF HIGHER

EDUCATION THAT IS REVIEWED AND APPROVED BY THE DEPARTMENT.] A

PROGRAM APPROVED BY THE DEPARTMENT TO PREPARE PROFESSIONAL

PERSONNEL FOR EMPLOYMENT IN A SCHOOL ENTITY IN ACCORDANCE WITH

22 PA. CODE CH. 49 (RELATING TO CERTIFICATION OF PROFESSIONAL

PERSONNEL).

* * *

"PROGRAM." THE [EDUCATOR PIPELINE] STUDENT TEACHER SUPPORT

GRANT PROGRAM ESTABLISHED UNDER SECTION 1203-B.

* * *

SECTION 8. SECTIONS 1203-B(A) AND (I), 1204-B(A)(6) AND

1205-B(A)(6) OF THE ACT, ADDED DECEMBER 13, 2023 (P.L.187,

NO.33), ARE AMENDED TO READ:

SECTION 1203-B. PROGRAM ESTABLISHMENT AND DUTIES OF AGENCY.

(A) ESTABLISHMENT.--THE [EDUCATOR PIPELINE] STUDENT TEACHER

SUPPORT GRANT PROGRAM IS ESTABLISHED WITHIN THE AGENCY.

* * *

(I) PAYMENT.--THE AGENCY SHALL ESTABLISH A METHOD FOR PAYING

GRANT AWARDS UNDER THE PROGRAM TO A SCHOOL ENTITY OR NONPUBLIC

SCHOOL. THE SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL USE ALL OF

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THE MONEY RECEIVED UNDER THE PROGRAM FOR PAYMENT TO STUDENT

TEACHERS AND COOPERATING TEACHERS AS REQUIRED BY THIS SECTION

AND THE AGENCY. THE AGENCY, IN THE AGENCY'S DISCRETION, MAY

ESTABLISH AN ALTERNATIVE METHOD FOR PAYING GRANT AWARDS UNDER

THIS SECTION.

* * *

SECTION 1204-B. ELIGIBILITY.

(A) ELIGIBILITY.--FOR AN INDIVIDUAL TO BE ELIGIBLE FOR A

GRANT AS A STUDENT TEACHER UNDER THE PROGRAM, THE INDIVIDUAL

SHALL MEET ALL OF THE FOLLOWING:

* * *

(6) AGREE TO WORK AS A TEACHER AT A SCHOOL ENTITY OR

NONPUBLIC SCHOOL OR PRE-KINDERGARTEN PROGRAM IN THIS

COMMONWEALTH FOR A PERIOD OF NO LESS THAN THREE YEARS, UNLESS

THE AGENCY DETERMINES THAT THERE ARE EXTENUATING

CIRCUMSTANCES.

* * *

SECTION 1205-B. REPORT.

(A) GENERAL RULE.--THE AGENCY SHALL PREPARE AND SUBMIT TO

THE GOVERNOR, THE SECRETARY OF EDUCATION AND THE GENERAL

ASSEMBLY NO LATER THAN DECEMBER 31, 2024, AND EACH DECEMBER 31

THEREAFTER, TO THE EXTENT THAT FUNDS ARE AVAILABLE, A REPORT

DETAILING THE OPERATION OF THE PROGRAM. THE REPORT SHALL, AT A

MINIMUM, INCLUDE:

* * *

(6) A LIST OF SCHOOL ENTITIES, NONPUBLIC SCHOOLS OR PRE-

KINDERGARTEN PROGRAMS WHERE GRANTEES ARE EMPLOYED FOLLOWING

CERTIFICATION.

* * *

SECTION 9. SECTION 1306-B(J)(18) OF THE ACT IS AMENDED AND

20230SB0700PN1816 - 13 -

SUBSECTIONS (H) AND (J) ARE AMENDED BY ADDING PARAGRAPHS TO

READ:

SECTION 1306-B. SCHOOL SAFETY AND SECURITY GRANT PROGRAM.

* * *

(H) SCHOOL SAFETY AND SECURITY FUND.--

* * *

(13) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, DURING

THE 2024-2025 FISCAL YEAR, MONEY IN THE FUND SHALL BE USED AS

FOLLOWS:

(I) ONE HUNDRED MILLION DOLLARS SHALL BE USED FOR

SCHOOL SAFETY AND MENTAL HEALTH GRANTS UNDER SECTION

1314.1-B.

(II) TWENTY MILLION SEVEN HUNDRED THOUSAND DOLLARS

SHALL BE USED FOR TARGETED SCHOOL SAFETY GRANTS UNDER

SECTION 1306.1-B.

* * *

(J) SPECIFIC PURPOSES.--THE COMMITTEE SHALL PROVIDE GRANTS

TO SCHOOL ENTITIES FOR PROGRAMS THAT ADDRESS SCHOOL MENTAL

HEALTH AND SAFETY AND SECURITY, INCLUDING:

* * *

(18) COSTS ASSOCIATED WITH THE TRAINING AND COMPENSATION

OF SCHOOL [RESOURCE OFFICERS AND SCHOOL POLICE OFFICERS]

SECURITY PERSONNEL.

* * *

(31) PURCHASE OF CELL PHONE LOCKABLE BAGS. A SCHOOL

ENTITY THAT APPLIES FOR FUNDING UNDER THIS PARAGRAPH MUST

ADOPT A POLICY RELATING TO PROHIBITING THE USE OF CELL PHONES

DURING THE SCHOOL DAY.

* * *

SECTION 10. SECTION 1306.1-B(J), (K)(3) AND (L)(3) OF THE

20230SB0700PN1816 - 14 -

ACT, ADDED DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED TO

READ:

SECTION 1306.1-B. TARGETED SCHOOL SAFETY GRANTS FOR NONPUBLIC

SCHOOLS AND SCHOOL ENTITIES PROGRAM.

* * *

(J) USES.--TARGETED GRANTS TO SCHOOL ENTITIES AND [TO

INTERMEDIATE UNITS ON BEHALF OF] NONPUBLIC SCHOOLS SHALL BE USED

TO FUND PROGRAMS THAT ADDRESS SCHOOL VIOLENCE AND SCHOOL MENTAL

HEALTH. ELIGIBLE USES OF THE FUNDS SHALL INCLUDE ANY USE UNDER

SECTION 1306-B(J) AND TO FUND PROGRAMS THAT ADDRESS SCHOOL

VIOLENCE BY ESTABLISHING OR ENHANCING SCHOOL SECURITY, INCLUDING

COSTS ASSOCIATED WITH THE TRAINING AND COMPENSATION OF SCHOOL

SECURITY PERSONNEL.

(K) OTHER GRANT RECIPIENTS.--

* * *

(3) A NONPUBLIC SCHOOL MAY APPLY TO THE COMMITTEE FOR

GRANT FUNDING UNDER PARAGRAPH (1) TO BE USED FOR THE COSTS

ASSOCIATED WITH OBTAINING THE SERVICES OF SCHOOL SECURITY

PERSONNEL FROM A LIST OF APPROVED VENDORS CERTIFIED BY THE

COMMITTEE. [A GRANT AWARD FOR THIS PURPOSE SHALL BE AWARDED

AND PAID DIRECTLY TO THE APPROVED VENDOR WITH WHICH THE

NONPUBLIC SCHOOL CONTRACTS FOR SERVICES. A NONPUBLIC SCHOOL

MAY NOT APPLY FOR GRANT FUNDING UNDER THIS SUBSECTION FOR ANY

PURPOSE OTHER THAN OBTAINING THE SERVICES OF SCHOOL SECURITY

PERSONNEL UNDER THIS PARAGRAPH.]

(L) OTHER DUTIES.--THE COMMITTEE SHALL HAVE THE FOLLOWING

DUTIES AS TO TARGETED GRANTS:

* * *

(3) FOR FISCAL YEAR 2023-2024 AND EACH FISCAL YEAR

THEREAFTER, THE COMBINED AMOUNT OF GRANTS AWARDED TO

20230SB0700PN1816 - 15 -

[INTERMEDIATE UNITS ON BEHALF OF] NONPUBLIC SCHOOLS UNDER

SUBSECTION (J) AND GRANTS AWARDED FOR COSTS ASSOCIATED WITH A

NONPUBLIC SCHOOL OBTAINING THE SERVICES OF SCHOOL SECURITY

PERSONNEL UNDER SUBSECTION (K) SHALL BE NO LESS THAN

$14,551,000.

* * *

SECTION 10.1. SECTION 1309-B(C) OF THE ACT IS AMENDED BY

ADDING A PARAGRAPH TO READ:

SECTION 1309-B. SCHOOL SAFETY AND SECURITY COORDINATOR.

* * *

COORDINATOR SHALL:

* * *

(5.1) NO LATER THAN JUNE 30, 2025, AND EACH JUNE 30

THEREAFTER, MAKE A REPORT TO THE SCHOOL ENTITY'S BOARD OF

DIRECTORS ON THE SCHOOL ENTITY'S CURRENT SCHOOL SECURITY

PERSONNEL. THE FOLLOWING APPLY:

(I) EACH REPORT SHALL BE PRESENTED TO THE SCHOOL

ENTITY'S BOARD OF DIRECTORS AT AN EXECUTIVE SESSION OF

THE SCHOOL ENTITY'S BOARD OF DIRECTORS.

(II) EACH REPORT SHALL BE SUBMITTED TO THE COMMITTEE

AND SHALL NOT BE SUBJECT TO THE RIGHT-TO-KNOW LAW.

(III) EACH REPORT SHALL INCLUDE:

(A) THE NUMBER OF SCHOOL SECURITY PERSONNEL, AS

DEFINED IN SECTION 1301-C, BROKEN OUT BY TYPE.

(B) THE NUMBER OF EACH SCHOOL SECURITY

PERSONNEL, AS DEFINED IN SECTION 1301-C, THAT IS

ARMED, BROKEN OUT BY TYPE.

SECURITY PERSONNEL, AS DEFINED IN SECTION 1301-C, IS

20230SB0700PN1816 - 16 -

ASSIGNED, BROKEN OUT BY TYPE.

(D) THE TRAINING, INCLUDING TYPE OF TRAINING AND

DATES COMPLETED, BY EACH SCHOOL SECURITY PERSONNEL,

AS DEFINED IN SECTION 1301-C, BROKEN OUT BY TYPE.

(E) A LISTING OF OTHER INDIVIDUALS UTILIZED FOR

SCHOOL-SAFETY-RELATED DUTIES.

* * *

SECTION 11. SECTION 1310-B OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 1310-B. SCHOOL SAFETY AND SECURITY TRAINING.

* * *

(A.1) CYBER CHARTER SCHOOL WAIVER OR ALTERNATE TRAINING

OPPORTUNITY.--

(1) A CYBER CHARTER SCHOOL MAY WAIVE OR PROVIDE AN

ALTERNATIVE TRAINING OPPORTUNITY TO ADDRESS THE IN-PERSON

TRAINING REQUIRED UNDER SUBSECTION (A)(1.1)(I) FOR ANY CYBER

CHARTER SCHOOL EMPLOYEE WHO IS NOT PHYSICALLY LOCATED IN THIS

COMMONWEALTH AND EXCLUSIVELY PROVIDES INSTRUCTION REMOTELY.

(2) A CYBER CHARTER SCHOOL PROVIDING A WAIVER OR

ALTERNATIVE TRAINING OPPORTUNITY TO THE EMPLOYEE UNDER THIS

SUBSECTION SHALL PROVIDE AN ATTESTATION THAT THE EMPLOYEE

MEETS THE REQUIREMENTS OF THIS SECTION AND THE CYBER CHARTER

SCHOOL SHALL REPORT THE WAIVER OR ALTERNATIVE TRAINING

OPPORTUNITY TO THE COMMITTEE ANNUALLY THROUGH THE SCHOOL

SAFETY AND SECURITY COORDINATOR REPORT.

* * *

SECTION 12. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1314.1-B. SCHOOL SAFETY AND MENTAL HEALTH GRANTS FOR

2024-2025 SCHOOL YEAR.

(A) FUNDING.--FOR THE 2024-2025 SCHOOL YEAR, THE MONEY UNDER

20230SB0700PN1816 - 17 -

SECTION 1306-B(H)(13)(I) SHALL BE USED BY THE COMMITTEE TO AWARD

SCHOOL SAFETY AND MENTAL HEALTH GRANTS TO SCHOOL ENTITIES.

(B) PURPOSE OF GRANTS.--

(1) A SCHOOL ENTITY SHALL BE ELIGIBLE FOR SCHOOL SAFETY

AND MENTAL HEALTH GRANTS TO MEET THE LEVEL 1 BASELINE

CRITERIA FOR PHYSICAL SECURITY OR BEHAVIORAL HEALTH AND

SCHOOL CLIMATE CRITERIA ESTABLISHED BY THE COMMITTEE.

(2) IF A SCHOOL ENTITY HAS MET THE LEVEL 1 BASELINE

CRITERIA FOR PHYSICAL SECURITY, THE SCHOOL ENTITY SHALL BE

ELIGIBLE TO EXPEND FUNDING FOR ACTIVITIES OUTLINED IN SECTION

1306-B(J)(1), (2), (3), (4), (5), (7), (8), (9), (11), (12),

(13), (14), (16), (18), (22) AND (23).

(3) IF A SCHOOL ENTITY HAS MET THE LEVEL 1 BASELINE

CRITERIA FOR BEHAVIORAL HEALTH AND SCHOOL CLIMATE, THE SCHOOL

ENTITY SHALL BE ELIGIBLE TO EXPEND FUNDING FOR ACTIVITIES

OUTLINED IN SECTION 1306-B(J)(6), (10), (15), (17), (19),

(20), (21), (23), (24), (25), (26), (27), (28), (29), (30)

AND (31).

SAFETY AND MENTAL HEALTH GRANTS TO EACH SCHOOL ENTITY THAT

SUBMITS AN APPLICATION IN THE FOLLOWING AMOUNTS:

(1) A SCHOOL DISTRICT SHALL RECEIVE $100,000 PLUS AN

AMOUNT DETERMINED IN PARAGRAPH (3).

(2) AN INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL

SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL AND CYBER

CHARTER SCHOOL SHALL RECEIVE $70,000.

(3) AN AMOUNT DETERMINED AS FOLLOWS:

(I) MULTIPLY THE 2022-2023 ADJUSTED AVERAGE DAILY

MEMBERSHIP FOR EACH SCHOOL DISTRICT BY THE DIFFERENCE

BETWEEN THE AMOUNT ALLOCATED IN SUBSECTION (A) AND THE

20230SB0700PN1816 - 18 -

SUM OF THE AMOUNTS DISTRIBUTED UNDER PARAGRAPHS (1) AND

(2).

(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE

2022-2023 ADJUSTED AVERAGE DAILY MEMBERSHIP FOR ALL

SCHOOL DISTRICTS.

(D) AVAILABILITY OF APPLICATIONS.--THE COMMITTEE SHALL MAKE

AN APPLICATION FOR GRANTS UNDER THIS SECTION AVAILABLE TO SCHOOL

ENTITIES NO LATER THAN 45 DAYS AFTER THE EFFECTIVE DATE OF THIS

SUBSECTION. THE APPLICATION REQUIREMENTS SHALL BE LIMITED TO THE

SCHOOL ENTITY'S CONTACT INFORMATION, THE SPECIFIC PURPOSE OF THE

GRANT BASED UPON THE CATEGORIES SPECIFIED IN SUBSECTION (B) WITH

BOXES ON THE APPLICATION FOR THE APPLICANT TO INDICATE THE

SCHOOL ENTITY'S ANTICIPATED USE AND CERTIFICATION BY THE

APPLICANT THAT THE MONEY WILL BE USED FOR THE STATED PURPOSE.

(E) EFFECT OF REVENUE RECEIVED.--GRANT MONEY RECEIVED UNDER

THIS SECTION MAY NOT BE INCLUDED WHEN CALCULATING THE AMOUNT TO

BE PAID UNDER SECTION 1725-A.

(F) AUDIT AND MONITORING.--THE COMMITTEE SHALL RANDOMLY

AUDIT AND MONITOR GRANT RECIPIENTS TO ENSURE THE APPROPRIATE USE

OF GRANT MONEY AND COMPLIANCE WITH PROVISIONS OF THE GRANT

PROGRAM.

(G) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "SCHOOL

ENTITY" MEANS A SCHOOL DISTRICT, AREA CAREER AND TECHNICAL

SCHOOL, INTERMEDIATE UNIT, CHARTER SCHOOL, REGIONAL CHARTER

SCHOOL AND CYBER CHARTER SCHOOL.

SECTION 12.1. SECTION 1315-C OF THE ACT IS AMENDED BY ADDING

A PARAGRAPH TO READ:

SECTION 1315-C. DUTIES OF COMMISSION.

THE COMMISSION SHALL HAVE THE FOLLOWING DUTIES UNDER THIS

ARTICLE:

20230SB0700PN1816 - 19 -

* * *

(5) ESTABLISH CRITERIA FOR GRANTING SCHOOL ENTITIES

WAIVERS FOR THE REQUIREMENTS IN SECTION 1316-C(A). THE

CRITERIA SHALL INCLUDE THE FOLLOWING:

(I) DOCUMENTATION THAT THE SCHOOL ENTITY DOES NOT

HAVE A MUNICIPAL POLICE DEPARTMENT OR LAW ENFORCEMENT

AGENCY THAT IS ABLE TO PROVIDE A SCHOOL RESOURCE OFFICER.

(II) DOCUMENTATION THAT THE SCHOOL ENTITY HAS BEEN

UNABLE TO HIRE OR CONTRACT WITH A SCHOOL POLICE OFFICER.

(III) DOCUMENTATION THAT THE SCHOOL ENTITY HAS BEEN

UNABLE TO HIRE OR CONTRACT WITH A SCHOOL SECURITY GUARD.

(IV) DOCUMENTATION THAT THE SCHOOL ENTITY HAS BEEN

UNABLE TO HIRE OR CONTRACT WITH A POLICE OFFICER FROM AN

ACCREDITED POLICE FORCE.

SECTION 12.2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1316-C. SCHOOL SECURITY PERSONNEL.

(A) SCHOOL DAY.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

BEGINNING WITH THE 2024-2025 SCHOOL YEAR, A SCHOOL ENTITY SHALL

HAVE AT LEAST ONE FULL-TIME SCHOOL SECURITY PERSONNEL WHO HAS

COMPLETED THE TRAINING UNDER SECTION 1305-C, 1313-C(A.1) OR

1314-C ON DUTY DURING THE SCHOOL DAY UNLESS THE SCHOOL ENTITY

HAS BEEN GRANTED A WAIVER UNDER SUBSECTION (F).

(B) EXTRACURRICULAR ACTIVITIES.--A GOVERNING BODY OF A

SCHOOL ENTITY MAY DECIDE TO HAVE A SCHOOL SECURITY PERSONNEL ON

DUTY IN A SCHOOL BUILDING OR ON SCHOOL PREMISES DURING

EXTRACURRICULAR ACTIVITIES THAT OCCUR OUTSIDE OF THE SCHOOL DAY.

COMMITTEE THAT THE SCHOOL ENTITY HAS HIRED OR CONTRACTED WITH A

SCHOOL SECURITY PERSONNEL THAT SATISFIES THE REQUIREMENTS OF

THIS ARTICLE, UNLESS THE SCHOOL ENTITY HAS BEEN GRANTED A WAIVER

20230SB0700PN1816 - 20 -

UNDER SUBSECTION (F).

(D) POWERS AND DUTIES.--IN ADDITION TO THE POWERS GRANTED TO

A SCHOOL SECURITY PERSONNEL UNDER ARTICLE XIII-C, THE SCHOOL

ENTITY MAY ASSIGN OTHER DUTIES.

(E) FUNDING.--A SCHOOL ENTITY MAY USE FUNDING UNDER SECTION

1306-B(J)(18) OR 1316.1-C TO MEET THE REQUIREMENTS OF THIS

SECTION.

(F) WAIVER.--A SCHOOL ENTITY MAY APPLY FOR A WAIVER TO THE

COMMITTEE. THE COMMITTEE SHALL WAIVE THE REQUIREMENTS IN THE

CASE OF A SCHOOL ENTITY THAT PROVIDES AN ATTESTATION THAT IT

ACTED IN GOOD FAITH AND MEETS AT LEAST ONE OF THE CRITERIA

ESTABLISHED UNDER SECTION 1315-C(5). A WAIVER SHALL EXPIRE ONE

YEAR AFTER ITS APPROVAL BY THE COMMITTEE.

(G) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SCHOOL BUILDING." A BUILDING OWNED BY OR UNDER THE CONTROL

OF A SCHOOL ENTITY WHERE CLASSES ARE TAUGHT OR EXTRACURRICULAR

ACTIVITIES ARE CONDUCTED ON A REGULAR BASIS.

"SCHOOL DAY." THE HOURS BETWEEN THE MORNING OPENING OF A

SCHOOL BUILDING AND THE AFTERNOON DISMISSAL OF STUDENTS ON A DAY

WHICH CLASSES ARE IN SESSION.

"SCHOOL ENTITY." A SCHOOL DISTRICT.

SECTION 1316.1-C. SCHOOL SECURITY PERSONNEL RESTRICTED ACCOUNT.

(A) SCHOOL SECURITY PERSONNEL RESTRICTED ACCOUNT.--THE

SCHOOL SECURITY PERSONNEL RESTRICTED ACCOUNT IS ESTABLISHED IN

THE SCHOOL SAFETY AND SECURITY FUND FOR THE PURPOSE OF MAKING

REIMBURSEMENTS TO SCHOOL DISTRICTS FOR THE COSTS ASSOCIATED WITH

SCHOOL SECURITY.

(B) COMMITTEE DUTIES.--SUBJECT TO THE AVAILABILITY OF FUNDS,

20230SB0700PN1816 - 21 -

BEGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE

COMMITTEE SHALL ESTABLISH A PROCESS FOR A SCHOOL ENTITY TO APPLY

TO BE REIMBURSED FOR COSTS ASSOCIATED WITH THE EMPLOYMENT OF ONE

SCHOOL SECURITY PERSONNEL WHO HAS COMPLETED THE TRAINING UNDER

SECTION 1305-C, 1313-C(A.1) OR 1314-C(C). THE REIMBURSEMENT TO

THE SCHOOL DISTRICT SHALL NOT EXCEED $50,000.

PUBLICLY ACCESSIBLE INTERNET WEBSITE A LIST OF THE SCHOOL

DISTRICTS WHO RECEIVED REIMBURSEMENT UNDER THIS SECTION.

SECTION 13. SECTION 1403.1(A), (B)(1) AND (E) OF THE ACT ARE

AMENDED TO READ:

SECTION 1403.1. VISION SCREENING AND EXAMINATIONS.--(A) (1)

PRIOR TO ADMISSION TO SCHOOL FOR THE FIRST TIME, A PARENT OR

LEGAL GUARDIAN SHALL PRESENT TO THE SCHOOL ENTITY OR NONPUBLIC

SCHOOL CERTIFICATION FROM A PRIMARY CARE PROVIDER OR VISION

SCREENER THAT THE CHILD HAS PASSED OR FAILED A VISION SCREENING

PERFORMED BY A PRIMARY CARE PROVIDER OR A VISION SCREENING

CONDUCTED BY SCREENERS WITH SPECIFIC TRAINING IN VISION

SCREENING TECHNIQUES AND PROTOCOLS APPROVED BY THE DEPARTMENT OF

HEALTH OR HAS COMPLETED A COMPREHENSIVE EYE EXAM CONDUCTED BY AN

OPHTHALMOLOGIST OR OPTOMETRIST WITHIN THE PREVIOUS TWELVE

MONTHS.

(2) THE [ADVISORY HEALTH BOARD] DEPARTMENT OF HEALTH SHALL

PROMULGATE REGULATIONS TO ESTABLISH VISION SCREENING STANDARDS

BASED ON INSTRUMENT-BASED VISION SCREENING TECHNOLOGIES OR

VISUAL ACUITY TESTING, TAKING INTO CONSIDERATION NATIONAL

GUIDELINES FROM THE AMERICAN ACADEMY OF PEDIATRICS AND AMERICAN

ASSOCIATION FOR PEDIATRIC OPHTHALMOLOGY AND STRABISMUS.

(3) TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS SECTION,

THE DEPARTMENT OF HEALTH MAY PROMULGATE TEMPORARY REGULATIONS.

20230SB0700PN1816 - 22 -

THE FOLLOWING APPLY:

(I) IF THE DEPARTMENT OF HEALTH PROMULGATES TEMPORARY

REGULATIONS UNDER THIS PARAGRAPH, THE DEPARTMENT OF HEALTH SHALL

TRANSMIT NOTICE OF THE PROMULGATION OF THE TEMPORARY REGULATIONS

TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT

AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN NO LATER THAN SIX

MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.

(II) THE TEMPORARY REGULATIONS SHALL EXPIRE NO LATER THAN

TWO YEARS FOLLOWING THE PUBLICATION OF THE NOTICE IN ACCORDANCE

WITH SUBPARAGRAPH (I).

(III) UPON PUBLICATION OF THE NOTICE IN ACCORDANCE WITH

SUBPARAGRAPH (I), THE DEPARTMENT OF HEALTH SHALL POST THE

TEMPORARY REGULATIONS ON ITS PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

(IV) THE TEMPORARY REGULATIONS SHALL NOT BE SUBJECT TO ANY

OF THE FOLLOWING:

(A) SECTION 612 OF THE ACT OF APRIL 9, 1929 (P.L.177,

NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."

(B) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF JULY

31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH

DOCUMENTS LAW.

1980 (P.L.950, NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS

ACT."

(D) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE

"REGULATORY REVIEW ACT."

(V) THE AUTHORITY OF THE DEPARTMENT OF HEALTH TO PROMULGATE

TEMPORARY REGULATIONS UNDER THIS PARAGRAPH SHALL EXPIRE SIX

MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.

REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS

20230SB0700PN1816 - 23 -

PROVIDED BY LAW.

(B) (1) EVERY SCHOOL YEAR AT A SCHOOL ENTITY OR NONPUBLIC

SCHOOL, UNTIL A CHILD COMPLETES THE FIFTH GRADE AND AT LEAST

EVERY TWO YEARS THEREAFTER UNTIL THE CHILD GRADUATES FROM THE

TWELFTH GRADE, THE CHILD SHALL HAVE A VISION SCREENING PERFORMED

BY SCHOOL HEALTH PERSONNEL OR SCREENERS WITH SPECIFIC TRAINING

IN VISION SCREENING TECHNIQUES AND PROTOCOLS APPROVED BY THE

[ADVISORY HEALTH BOARD] DEPARTMENT OF HEALTH. THE RESULTS OF THE

VISION SCREENING SHALL BE SUPPLIED TO THE PARENT OR LEGAL

GUARDIAN OF THE CHILD.

* * *

(E) THIS SECTION SHALL APPLY TO SCHOOL YEARS BEGINNING AFTER

THE REGULATIONS ARE PROMULGATED BY THE [ADVISORY HEALTH BOARD]

DEPARTMENT OF HEALTH UNDER SUBSECTION (A)(2).

* * *

SECTION 14. SECTION 1405-A OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 1405-A. ESTABLISHMENT AND PAYMENT OF TUITION.

* * *

(C.1) TIME PERIOD FOR PAYMENT AND EFFECT OF FAILURE TO

PAY.--

(1) FOR A SCHOOL DISTRICT THAT DOES NOT PROVIDE A

STUDENT ENROLLED IN THE RECOVERY HIGH SCHOOL WITH SPECIAL

EDUCATION SERVICES REQUIRED UNDER THE STUDENT'S IEP UNDER

SUBSECTION (C)(1), PAYMENTS SHALL BE MADE TO THE RECOVERY

HIGH SCHOOL FOR ANY AND ALL COSTS INCURRED ON BEHALF OF THE

STUDENT WITHIN 30 DAYS OF THE PRESENTATION OF A BILL TO THE

SCHOOL DISTRICT.

(2) IF THE BILL REMAINS UNPAID BY THE SCHOOL DISTRICT

AFTER 30 DAYS, THE RECOVERY HIGH SCHOOL MAY PRESENT THE BILL

20230SB0700PN1816 - 24 -

TO THE SECRETARY OF EDUCATION FOR PAYMENT.

(3) PAYMENTS DUE FROM THE SCHOOL DISTRICT THAT ARE

PRESENTED TO THE SECRETARY OF EDUCATION UNDER PARAGRAPH (2)

SHALL BE MADE BY THE SECRETARY OF EDUCATION WITHIN 30 DAYS OF

RECEIPT OF THE BILL, AND THE SECRETARY OF EDUCATION SHALL

DEDUCT THE AMOUNT PAID ON THE BILL FROM STATE PAYMENTS DUE TO

THE SCHOOL DISTRICT.

* * *

SECTION 15. (RESERVED).

SECTION 16. ARTICLE XV-H HEADING, SECTIONS 1501-H AND 1502-H

AND SUBARTICLE B HEADING OF ARTICLE XV-H OF THE ACT ARE AMENDED

TO READ:

ARTICLE XV-H

ADMINISTRATIVE AND INSTRUCTIONAL PROGRAMMING PARTNERSHIPS

BETWEEN SCHOOL ENTITIES AND FEASIBILITY STUDIES

SECTION 1501-H. LEGISLATIVE INTENT.

IT IS THE INTENT OF THE GENERAL ASSEMBLY TO HELP SCHOOL

ENTITIES SAVE MONEY AND OPERATE MORE EFFICIENTLY BY ENCOURAGING

THE FOLLOWING:

(1) PARTNERSHIPS OF [ROUTINE] ADMINISTRATIVE FUNCTIONS

BETWEEN SCHOOL ENTITIES[. IT IS ALSO THE INTENT OF THE

GENERAL ASSEMBLY TO PROVIDE FOR ADDITIONAL];

(2) OPPORTUNITIES BETWEEN SCHOOL ENTITIES TO

COOPERATIVELY DEVELOP JOINT OR SHARED EDUCATIONAL PROGRAMS

FOR STUDENTS AND EDUCATORS[.]; AND

(3) EXPLORATION OF SCHOOL DISTRICT CONSOLIDATIONS OR

MERGERS THROUGH FEASIBILITY STUDIES.

SECTION 1502-H. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

20230SB0700PN1816 - 25 -

CONTEXT CLEARLY INDICATES OTHERWISE:

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"GRANT PROGRAM." THE ADMINISTRATIVE, INSTRUCTIONAL

PROGRAMMING PARTNERSHIP AND FEASIBILITY STUDIES GRANT [PILOT]

PROGRAM ESTABLISHED UNDER THIS ARTICLE.

"SCHOOL ENTITY." A SCHOOL DISTRICT, AN AREA CAREER AND

TECHNICAL SCHOOL OR AN INTERMEDIATE UNIT.

"SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.

SUBARTICLE B

ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING AND FEASIBILITY

PROVISIONS

SECTION 17. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1512-H. INSTRUCTIONAL PROGRAMMING PARTNERSHIPS

AUTHORIZED.

(A) GENERAL RULE.--TWO OR MORE SCHOOL ENTITIES MAY ENTER

INTO AN AGREEMENT TO SHARE THE FOLLOWING BETWEEN THE SCHOOL

ENTITIES:

(1) INSTRUCTIONAL PROGRAMMING, INCLUDING SERVICES OF

PROFESSIONAL EMPLOYEES IF THE PROGRAMMING IS:

(I) NOT OFFERED IN ONE OF THE SCHOOL ENTITIES; OR

(II) NO LONGER AVAILABLE FOR IN-PERSON INSTRUCTION.

(2) STUDENT SERVICES DESIGNED TO SUPPORT THE

INSTRUCTIONAL PROGRAM AND TO HELP STUDENTS ATTAIN THEIR

EDUCATIONAL AND CAREER GOALS, INCLUDING SERVICES OF

PROFESSIONAL EMPLOYEES, IF THE SERVICES ARE:

(I) NOT OFFERED IN ONE OF THE SCHOOL ENTITIES; OR

(II) NO LONGER AVAILABLE IN PERSON.

(B) CONSENT REQUIRED FOR PROFESSIONAL EMPLOYEE ASSIGNMENT.--

A PROFESSIONAL EMPLOYEE MAY NOT BE ASSIGNED TO PROVIDE SERVICES

20230SB0700PN1816 - 26 -

UNDER A SHARED SERVICE AGREEMENT WITHOUT THE PROFESSIONAL

EMPLOYEE'S CONSENT.

SECTION 1513-H. SCHOOL DISTRICT FEASIBILITY STUDY.

(A) CONSOLIDATION.--TWO OR MORE SCHOOL DISTRICTS MAY JOINTLY

EXPLORE COMBINING OR MERGING TO FORM A SINGLE SCHOOL DISTRICT

THROUGH A FEASIBILITY STUDY UNDER THIS ARTICLE.

(B) COMBINING OR MERGING SCHOOLS.--A SCHOOL DISTRICT MAY

EXPLORE COMBINING OR MERGING TWO OR MORE SCHOOLS WITHIN THE

SCHOOL DISTRICT THROUGH A FEASIBILITY STUDY UNDER THIS ARTICLE.

SECTION 1514-H. CONSTRUCTION.

NOTHING CONTAINED IN THIS SUBARTICLE SHALL SUPERSEDE OR

PREEMPT THE RIGHTS, REMEDIES AND PROCEDURES AFFORDED TO SCHOOL

EMPLOYEES OR LABOR ORGANIZATIONS UNDER FEDERAL OR STATE LAW,

INCLUDING THE ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS

THE PUBLIC EMPLOYE RELATIONS ACT, OR ANY PROVISION OF A

COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN A SCHOOL

EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES IN

ACCORDANCE WITH THE PUBLIC EMPLOYE RELATIONS ACT.

SECTION 18. SUBARTICLE C HEADING OF ARTICLE XV-H AND

SECTIONS 1521-H, 1522-H, 1523-H, 1525-H, 1526-H AND 1527-H OF

THE ACT ARE AMENDED TO READ:

SUBARTICLE C

ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING PARTNERSHIP AND

FEASIBILITY STUDIES GRANT [PILOT] PROGRAM

SECTION 1521-H. ESTABLISHMENT.

THE ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING PARTNERSHIP AND

FEASIBILITY STUDIES GRANT [PILOT] PROGRAM IS ESTABLISHED IN THE

DEPARTMENT TO PROVIDE FINANCIAL ASSISTANCE TO FACILITATE THE

SHARING OF ADMINISTRATIVE FUNCTIONS AND INSTRUCTIONAL

PROGRAMMING BETWEEN SCHOOL ENTITIES, TO EXPLORE THE FEASIBILITY

20230SB0700PN1816 - 27 -

OF CONSOLIDATION OR MERGER TO FORM A SINGLE SCHOOL DISTRICT AND

TO EXPLORE THE FEASIBILITY OF CONSOLIDATION OR MERGER OF TWO OR

MORE SCHOOLS WITHIN A SCHOOL DISTRICT AND TO EXPLORE THE

FEASIBILITY OF CONSOLIDATION OR MERGER OF TWO OR MORE SCHOOLS

WITHIN A SCHOOL DISTRICT AS AUTHORIZED UNDER SUBARTICLE B.

SECTION 1522-H. APPLICATION.

(A) PROCEDURE.--THE DEPARTMENT SHALL DEVELOP A PROCEDURE FOR

AWARDING GRANTS UNDER THE PROGRAM. TWO OR MORE SCHOOL ENTITIES

MAY APPLY FOR A GRANT UNDER [THE PROGRAM] SUBSECTION (B) OR A

SCHOOL DISTRICT OR SCHOOL DISTRICTS MAY APPLY FOR A GRANT UNDER

SUBSECTION (C) AS PRESCRIBED BY THE DEPARTMENT.[THE]

(B) ADMINISTRATIVE OR INSTRUCTIONAL PROGRAMMING.--AN

APPLICATION RELATED TO ADMINISTRATIVE OR INSTRUCTIONAL

PROGRAMMING AT A MINIMUM [SHALL CONTAIN] MUST INCLUDE THE

FOLLOWING:

(1) A DETAILED DESCRIPTION OF THE ADMINISTRATIVE

FUNCTIONS OR INSTRUCTIONAL PROGRAMMING THE SCHOOL ENTITIES

INTEND TO SHARE UNDER SUBARTICLE B.

(2) THE AMOUNT OF GRANT FUNDING BEING REQUESTED.

(3) AN ESTIMATE OF THE COST SAVINGS OR OTHER

EFFICIENCIES THAT THE PARTNERSHIP WILL ACHIEVE.

(4) ANY ADDITIONAL BENEFITS TO STUDENTS AND EDUCATORS.

(5) ADOPTION OF A RESOLUTION BY THE GOVERNING BODIES OF

THE SCHOOL ENTITIES APPROVING THE PARTNERSHIP DESCRIBED IN

PARAGRAPH (1).

FEASIBILITY STUDY AT A MINIMUM MUST INCLUDE THE FOLLOWING:

(1) A NARRATIVE DESCRIBING THE FEASIBILITY STUDY,

INCLUDING:

(I) THE PLANNED STUDY'S PARTICIPANTS.

20230SB0700PN1816 - 28 -

(II) THE BASIS FOR UNDERTAKING THE STUDY, INCLUDING

VIABILITY AND COMMITMENT BY THE SCHOOL DISTRICTS TO THE

PARTNERSHIP.

(III) A DESCRIPTION OF THE OBJECTIVES OF THE STUDY

AND AREAS OF FOCUS, INCLUDING NEEDS AND GOALS RELATED TO

EQUITABLE STUDENT OPPORTUNITIES, IMPROVING STUDENT

ACHIEVEMENT, ESTABLISHING GREATER ECONOMIES OF SCALE,

LOCAL COMMUNITY INTERESTS AND CONCERNS AND ENHANCING

STUDENTS' LEARNING ENVIRONMENT.

(IV) INITIAL INDICATORS OR PROJECTIONS RELATED TO

IMPROVED EFFICIENCY OR ANY COST SAVINGS.

(V) PROJECTIONS OF ANY FRONT-END COSTS OF A MERGER

FOR THE SCHOOL DISTRICTS IN THE PARTNERSHIP, INCLUDING

TECHNICAL ASSISTANCE, REAL AND PERSONAL PROPERTY,

INDEBTEDNESS AND RENTAL OBLIGATIONS OF THE PARTICIPANT

SCHOOL DISTRICTS.

(VI) EXPENDITURES RELATING TO STAFFING, CURRICULUM

ALIGNMENT, RESOLVING DIFFERENCES BETWEEN CONTRACTS,

TRANSPORTATION SERVICES AND NEW ADMINISTRATIVE EXPENSES.

(VII) A DESCRIPTION OF ANY IDENTIFIED BARRIERS OR

IMPEDIMENTS TO A MERGER OR CONSOLIDATION OF THE SCHOOL

DISTRICTS IN A PARTNERSHIP.

(2) THE ESTIMATE OF THE TOTAL COST OF THE STUDY.

(3) THE AMOUNT OF GRANT FUNDING REQUESTED.

SECTION 1523-H. GRANT AWARDS.

(A) GENERAL RULE.--[THE] BEGINNING WITH THE 2024-2025 FISCAL

YEAR, AND EACH YEAR THEREAFTER, AND TO THE EXTENT FUNDING IS

MADE AVAILABLE FOR THE PROGRAM, THE SECRETARY SHALL [MAKE NO

MORE THAN FOUR GRANT AWARDS EACH FISCAL YEAR IN AN AMOUNT NOT TO

EXCEED $250,000 PER GRANT AWARD.] AWARD GRANTS TO SCHOOL

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ENTITIES.

(A.1) NOTICE.--THE DEPARTMENT SHALL PROVIDE INFORMATION

REGARDING THE AVAILABILITY OF GRANT FUNDING ON THE DEPARTMENT'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE AND TRANSMIT NOTICE OF THE

PROGRAM TO ALL SCHOOL ENTITIES.

(A.2) EFFECT OF REVENUE RECEIVED.--GRANT MONEY RECEIVED

UNDER THIS SECTION MAY NOT BE INCLUDED WHEN CALCULATING THE

AMOUNT TO BE PAID UNDER SECTION 1725-A.

(B) GRANT PRIORITIZATION.--

(1) THE SECRETARY SHALL GIVE PRIORITY TO AN APPLICATION

FOR GRANT FUNDING UNDER THIS SUBARTICLE TO THOSE SCHOOL

DISTRICTS WHO HAVE APPLIED AND DEMONSTRATED AN EXISTING

PARTNERSHIP CONSISTENT WITH THIS ARTICLE.

(2) THE SECRETARY SHALL ALLOCATE AT LEAST 25% OF THE

FUNDS APPROPRIATED FOR THE PROGRAM TO APPLICANTS REQUESTING

GRANT FUNDING FOR FEASIBILITY STUDIES. IF THE AMOUNT OF GRANT

FUNDING REQUESTED FOR FEASIBILITY STUDIES IS LESS THAN 25% OF

THE FUNDS APPROPRIATED FOR THE PROGRAM, THE DIFFERENCE SHALL

BE ALLOCATED TO APPLICATIONS FOR ADMINISTRATIVE AND

INSTRUCTIONAL PARTNERSHIPS.

CONSTRUED TO PROHIBIT THE SECRETARY FROM MAKING A GRANT AWARD TO

THE SAME APPLICANTS IN SUBSEQUENT YEARS, PROVIDED, HOWEVER, THAT

NO SCHOOL ENTITY MAY BE ELIGIBLE TO RECEIVE MORE THAN THREE

GRANT AWARDS.

SECTION 1525-H. TECHNICAL ASSISTANCE.

THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO SCHOOL

ENTITIES APPLYING TO SHARE ADMINISTRATIVE AND INSTRUCTIONAL

FUNCTIONS UNDER THIS ARTICLE.

SECTION 1526-H. REPORTS BY SCHOOL ENTITIES.

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[SCHOOL ENTITIES THAT ARE] (A) REPORTS REGARDING SHARED

SERVICES.--A SCHOOL ENTITY AWARDED A GRANT FOR SHARED SERVICES

UNDER THIS SUBARTICLE SHALL MAKE A PRELIMINARY REPORT TO THE

DEPARTMENT DETAILING THE PROGRESS MADE TOWARD ACHIEVING THE

SHARED SERVICES OUTLINED IN ITS GRANT APPLICATION NO LATER THAN

180 DAYS FOLLOWING [A] THE GRANT AWARD AND MAKE A FINAL REPORT

NO LATER THAN 60 DAYS AFTER THE COMPLETION OF THE ADMINISTRATIVE

OR INSTRUCTIONAL PARTNERSHIP OUTLINED IN THE GRANT APPLICATION.

THE REPORTS REQUIRED UNDER THIS SECTION SHALL INCLUDE, AT A

MINIMUM, THE FOLLOWING:

(1) ACTUAL COST SAVINGS, EITHER DIRECTLY OR THROUGH

AVOIDED COSTS, ACHIEVED BY THE SHARING OF SERVICES AUTHORIZED

UNDER THIS ARTICLE.

(2) A DESCRIPTION OF HOW OPERATIONAL EFFICIENCIES WERE

IMPROVED AS A RESULT OF THE SHARING OF SERVICES AUTHORIZED

UNDER THIS ARTICLE.

(3) INFORMATION RELATING TO ANY IMPEDIMENTS THE

DISTRICTS EXPERIENCED IN SUCCESSFULLY IMPLEMENTING THE

SHARING OF SERVICES UNDER THIS ARTICLE.

(4) INFORMATION RELATING TO ANY ENHANCEMENTS OR

ADDITIONS TO EDUCATIONAL PROGRAMMING OR IMPROVEMENTS IN

STUDENT ACHIEVEMENT AS A RESULT OF THE SHARING OF SERVICES

AUTHORIZED UNDER THIS ARTICLE.

(5) ANY OTHER INFORMATION A SCHOOL ENTITY MAY DEEM

NECESSARY.

(B) SCHOOL DISTRICT REPORTS REGARDING FEASIBILITY STUDIES.--

A SCHOOL DISTRICT AWARDED A GRANT FOR A FEASIBILITY STUDY UNDER

THIS SUBARTICLE SHALL MAKE A PRELIMINARY REPORT TO THE

DEPARTMENT DETAILING THE PROGRESS OF THE FEASIBILITY STUDY

PROJECT NO LATER THAN 180 DAYS FOLLOWING THE GRANT AWARD AND

20230SB0700PN1816 - 31 -

MAKE A FINAL REPORT NO LATER THAN 60 DAYS AFTER THE COMPLETION

OF THE FEASIBILITY STUDY OUTLINED IN THE GRANT APPLICATION. THE

REPORTS REQUIRED UNDER THIS SUBSECTION SHALL INCLUDE, AT A

MINIMUM, FINDINGS AND RECOMMENDATIONS RELATED TO THE

CONSOLIDATION OR MERGER OF THE PARTICIPATING SCHOOL DISTRICTS.

SECTION 1527-H. REPORTS BY DEPARTMENT.

THE DEPARTMENT SHALL COMPILE THE REPORTS IT RECEIVES UNDER

SECTION 1526-H AND TRANSMIT THEM TO THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE

OF THE SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE

OF THE HOUSE OF REPRESENTATIVES ANNUALLY BEGINNING NO LATER THAN

JUNE 30, [2017] 2026.

SECTION 19. SECTION 1505-K(B) OF THE ACT IS AMENDED TO READ:

SECTION 1505-K. TALENT RECRUITMENT ACCOUNT.

* * *

(B) USE OF FUNDS.--MONEY IN THE ACCOUNT IS APPROPRIATED TO

THE DEPARTMENT ON A CONTINUING BASIS TO PROVIDE GRANTS IN

ACCORDANCE WITH SECTION 1506-K OR TO SUPPORT EVIDENCE-BASED

INITIATIVES DESIGNED TO INCREASE PARTICIPATION IN THE EDUCATOR

WORKFORCE. THE APPROPRIATION SHALL NOT LAPSE AT THE END OF ANY

FISCAL YEAR.

* * *

SECTION 20. THE INTRODUCTORY PARAGRAPH AND THE DEFINITIONS

OF "APPEAL BOARD" AND "CHIEF EXECUTIVE OFFICER" IN SECTION 1703-

A OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING

DEFINITIONS TO READ:

SECTION 1703-A. DEFINITIONS.--[AS USED IN THIS ARTICLE,] THE

20230SB0700PN1816 - 32 -

FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE

THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT

CLEARLY INDICATES OTHERWISE:

"ADMINISTRATOR" SHALL INCLUDE THE CHIEF ADMINISTRATOR OF A

CHARTER SCHOOL ENTITY AND ALL OTHER EMPLOYES OF A CHARTER SCHOOL

ENTITY WHO BY VIRTUE OF THEIR POSITIONS EXERCISE MANAGEMENT OR

OPERATIONAL OVERSIGHT RESPONSIBILITIES.

* * *

"APPEAL BOARD" SHALL MEAN THE STATE CHARTER SCHOOL APPEAL

BOARD ESTABLISHED [BY THIS ARTICLE] UNDER SECTION 1721-A.

* * *

"CHARTER SCHOOL ENTITY" SHALL MEAN A CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL, CYBER CHARTER SCHOOL OR MULTIPLE CHARTER SCHOOL

ORGANIZATION.

"CHARTER SCHOOL FOUNDATION" SHALL MEAN A NONPROFIT

ORGANIZATION QUALIFIED AS FEDERALLY TAX EXEMPT UNDER 26 U.S.C. §

501(C)(3) (RELATING TO EXEMPTION FROM TAX ON CORPORATIONS,

CERTAIN TRUSTS, ETC.), THAT PROVIDES FUNDING OR RESOURCES OR

OTHERWISE SERVES TO SUPPORT A CHARTER SCHOOL ENTITY .

"CHIEF [EXECUTIVE OFFICER] ADMINISTRATOR" SHALL MEAN AN

INDIVIDUAL APPOINTED BY THE BOARD OF TRUSTEES TO OVERSEE AND

MANAGE THE OPERATION OF [THE] A CHARTER SCHOOL ENTITY, BUT WHO

SHALL NOT BE DEEMED A PROFESSIONAL STAFF MEMBER UNDER THIS

ARTICLE.

"COMPENSATION" SHALL INCLUDE MONEY OR OTHER REMUNERATION

RECEIVED FROM A CHARTER SCHOOL ENTITY.

* * *

"EDUCATIONAL MANAGEMENT SERVICE PROVIDER" SHALL MEAN A

NONPROFIT OR FOR-PROFIT CHARTER MANAGEMENT ORGANIZATION,

EDUCATION MANAGEMENT ORGANIZATION, SCHOOL DESIGN PROVIDER,

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BUSINESS MANAGER OR ANY OTHER ENTITY OR INDIVIDUAL THAT ENTERS

INTO A CONTRACT OR AGREEMENT WITH A CHARTER SCHOOL ENTITY TO

PROVIDE INSTRUCTIONAL, CURRICULAR OR EDUCATIONAL DESIGN,

ADMINISTRATIVE OR BUSINESS SERVICES, COMPREHENSIVE MANAGEMENT OR

PERSONNEL FUNCTIONS OR TO IMPLEMENT THE CHARTER. THE TERM SHALL

NOT INCLUDE A CHARTER SCHOOL FOUNDATION.

"FAMILY MEMBER" SHALL MEAN A PARENT, STEPPARENT, CHILD,

STEPCHILD, SPOUSE, DOMESTIC PARTNER, BROTHER, SISTER,

STEPBROTHER OR STEPSISTER.

* * *

"MULTIPLE CHARTER SCHOOL ORGANIZATION" SHALL MEAN A PUBLIC,

NONPROFIT CORPORATION UNDER THE OVERSIGHT OF A SINGLE BOARD OF

TRUSTEES AND A CHIEF ADMINISTRATOR THAT OPERATES TWO (2) OR MORE

CHARTER SCHOOLS UNDER SECTION 1729.1-A.

"NONRELATED" SHALL MEAN AN INDIVIDUAL WHO IS NOT A FAMILY

MEMBER.

* * *

SECTION 21. SECTIONS 1715-A AND 1716-A OF THE ACT ARE

AMENDED TO READ:

SECTION 1715-A. CHARTER SCHOOL REQUIREMENTS.--(A) CHARTER

SCHOOLS SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING

PROVISIONS:

(1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A CHARTER

SCHOOL IS EXEMPT FROM STATUTORY REQUIREMENTS ESTABLISHED IN THIS

ACT, FROM REGULATIONS OF THE STATE BOARD AND THE STANDARDS OF

THE SECRETARY NOT SPECIFICALLY APPLICABLE TO CHARTER SCHOOLS.

CHARTER SCHOOLS ARE NOT EXEMPT FROM STATUTES APPLICABLE TO

PUBLIC SCHOOLS OTHER THAN THIS ACT.

(2) A CHARTER SCHOOL SHALL BE ACCOUNTABLE TO THE PARENTS,

THE PUBLIC AND THE COMMONWEALTH, WITH THE DELINEATION OF THAT

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ACCOUNTABILITY REFLECTED IN THE CHARTER. STRATEGIES FOR

MEANINGFUL PARENT AND COMMUNITY INVOLVEMENT SHALL BE DEVELOPED

AND IMPLEMENTED BY EACH SCHOOL.

(3) A CHARTER SCHOOL SHALL NOT UNLAWFULLY DISCRIMINATE IN

ADMISSIONS, HIRING OR OPERATION.

(4) A CHARTER SCHOOL SHALL BE NONSECTARIAN IN ALL

OPERATIONS.

(5) A CHARTER SCHOOL SHALL NOT PROVIDE ANY RELIGIOUS

INSTRUCTION, NOR SHALL IT DISPLAY RELIGIOUS OBJECTS AND SYMBOLS

ON THE PREMISES OF THE CHARTER SCHOOL.

(6) A CHARTER SCHOOL SHALL NOT ADVOCATE UNLAWFUL BEHAVIOR.

(7) A CHARTER SCHOOL SHALL ONLY BE SUBJECT TO THE LAWS AND

REGULATIONS AS PROVIDED FOR IN SECTION 1732-A, OR AS OTHERWISE

PROVIDED FOR IN THIS ARTICLE.

(8) A CHARTER SCHOOL SHALL PARTICIPATE IN THE PENNSYLVANIA

STATE ASSESSMENT SYSTEM AS PROVIDED FOR IN 22 PA. CODE CH. 5

(RELATING TO CURRICULUM), OR SUBSEQUENT REGULATIONS PROMULGATED

TO REPLACE 22 PA. CODE CH. 5, IN THE MANNER IN WHICH THE SCHOOL

DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED IS SCHEDULED TO

PARTICIPATE.

(9) A CHARTER SCHOOL SHALL PROVIDE A MINIMUM OF ONE HUNDRED

EIGHTY (180) DAYS OF INSTRUCTION OR NINE HUNDRED (900) HOURS PER

YEAR OF INSTRUCTION AT THE ELEMENTARY LEVEL, OR NINE HUNDRED

NINETY (990) HOURS PER YEAR OF INSTRUCTION AT THE SECONDARY

LEVEL. NOTHING IN THIS CLAUSE SHALL PRECLUDE THE USE OF COMPUTER

AND SATELLITE LINKAGES FOR DELIVERING INSTRUCTION TO STUDENTS.

(10) BOARDS OF TRUSTEES AND CONTRACTORS OF CHARTER SCHOOLS

SHALL BE SUBJECT TO THE FOLLOWING STATUTORY REQUIREMENTS

GOVERNING CONSTRUCTION PROJECTS AND CONSTRUCTION-RELATED WORK:

(I) THE FOLLOWING PROVISIONS OF THIS ACT:

20230SB0700PN1816 - 35 -

(A) SECTIONS 751 AND 751.1.

(B) SECTIONS 756 AND 757 INSOFAR AS THEY ARE CONSISTENT WITH

THE ACT OF DECEMBER 20, 1967 (P.L.869, NO.385), KNOWN AS THE

"PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967."

(II) SECTION 1 OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104),

ENTITLED "AN ACT REGULATING THE LETTING OF CERTAIN CONTRACTS FOR

THE ERECTION, CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS."

(III) THE ACT OF AUGUST 11, 1961 (P.L.987, NO.442), KNOWN AS

THE "PENNSYLVANIA PREVAILING WAGE ACT."

(IV) THE "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967."

(V) THE ACT OF MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE

"STEEL PRODUCTS PROCUREMENT ACT."

(11) TRUSTEES OF A CHARTER SCHOOL [SHALL BE PUBLIC

OFFICIALS.] ENTITY ARE PUBLIC OFFICIALS FOR THE PURPOSES OF 65

PA.C.S. CH. 11 (RELATING TO ETHICS STANDARDS AND FINANCIAL

DISCLOSURE) AND SHALL FILE A STATEMENT OF FINANCIAL INTERESTS

FOR THE PRECEDING CALENDAR YEAR WITH THE STATE ETHICS COMMISSION

AND EITHER THE LOCAL BOARD OF SCHOOL DIRECTORS IN THE CASE OF A

CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL, OR THE DEPARTMENT IN

THE CASE OF A CYBER CHARTER SCHOOL, NOT LATER THAN MAY 1 OF EACH

YEAR THAT MEMBERS HOLD THE POSITION AND OF THE YEAR AFTER A

MEMBER LEAVES THE POSITION. ALL MEMBERS OF THE BOARD OF TRUSTEES

OF A CHARTER SCHOOL ENTITY MUST BE RESIDENTS OF THIS

COMMONWEALTH AND SHALL TAKE THE OATH OF OFFICE AS REQUIRED UNDER

SECTION 321 BEFORE ENTERING UPON THE DUTIES OF THEIR OFFICE.

[(12) A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER

SCHOOL SHALL NOT RECEIVE COMPENSATION FROM ANOTHER CHARTER

SCHOOL OR FROM A COMPANY THAT PROVIDES MANAGEMENT OR OTHER

SERVICES TO ANOTHER CHARTER SCHOOL. THE TERM "ADMINISTRATOR"

SHALL INCLUDE THE CHIEF EXECUTIVE OFFICER OF A CHARTER SCHOOL

20230SB0700PN1816 - 36 -

AND ALL OTHER EMPLOYES OF A CHARTER SCHOOL WHO BY VIRTUE OF

THEIR POSITIONS EXERCISE MANAGEMENT OR OPERATIONAL OVERSIGHT

RESPONSIBILITIES. A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A

CHARTER SCHOOL SHALL BE A PUBLIC OFFICIAL UNDER 65 PA.C.S. CH.

11 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE). A

VIOLATION OF THIS CLAUSE SHALL CONSTITUTE A VIOLATION OF 65

PA.C.S. § 1103(A) (RELATING TO RESTRICTED ACTIVITIES), AND THE

VIOLATOR SHALL BE SUBJECT TO THE PENALTIES IMPOSED UNDER THE

JURISDICTION OF THE STATE ETHICS COMMISSION.]

(B) AN INDIVIDUAL WHO SERVES AS AN ADMINISTRATOR FOR A

CHARTER SCHOOL ENTITY IS A PUBLIC EMPLOYE FOR THE PURPOSES OF 65

PA.C.S. CH. 11 AND SHALL FILE A STATEMENT OF FINANCIAL INTERESTS

FOR THE PRECEDING CALENDAR YEAR WITH THE BOARD OF TRUSTEES NOT

LATER THAN MAY 1 OF EACH YEAR THAT THE INDIVIDUAL HOLDS THE

POSITION AND OF THE YEAR AFTER THE INDIVIDUAL NO LONGER HOLDS

THE POSITION.

CHARTER SCHOOL ENTITY MAY RECEIVE COMPENSATION FROM ANOTHER

CHARTER SCHOOL ENTITY OR AN EDUCATIONAL MANAGEMENT SERVICE

PROVIDER, UNLESS:

(I) THE ADMINISTRATOR HAS SUBMITTED A SWORN STATEMENT TO THE

BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY AND THE SWORN

STATEMENT DETAILS THE WORK FOR THE OTHER ENTITY AND INCLUDES THE

PROJECTED NUMBER OF HOURS, RATE OF COMPENSATION AND PROJECTED

DURATION.

(II) THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY

REVIEWS THE SWORN STATEMENT UNDER SUBPARAGRAPH (I) AND AGREES BY

RESOLUTION TO GRANT PERMISSION TO THE ADMINISTRATOR.

(2) A COPY OF THE SWORN STATEMENT UNDER PARAGRAPH (1)(I) AND

THE RESOLUTION BY THE BOARD OF TRUSTEES GRANTING THE PERMISSION

20230SB0700PN1816 - 37 -

UNDER PARAGRAPH (1)(II) SHALL BE PROVIDED TO, AND KEPT ON FILE

WITH, THE CHARTER SCHOOL ENTITY AND THE LOCAL BOARD OF SCHOOL

DIRECTORS OR, IN THE CASE OF A CYBER CHARTER SCHOOL, THE

DEPARTMENT.

(3) AN ADMINISTRATOR OF A CHARTER SCHOOL ENTITY AND A FAMILY

MEMBER OF THE ADMINISTRATOR MAY NOT SERVE AS A VOTING MEMBER OF

THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY THAT EMPLOYS

THE ADMINISTRATOR.

(4) (I) AN ADMINISTRATOR OF A CHARTER SCHOOL ENTITY MAY NOT

PARTICIPATE IN THE SELECTION, AWARD OR ADMINISTRATION OF A

CONTRACT IF THE ADMINISTRATOR HAS A CONFLICT OF INTEREST AS THAT

TERM IS DEFINED IN 65 PA.C.S. § 1102 (RELATING TO DEFINITIONS).

(II) AN ADMINISTRATOR WHO KNOWINGLY VIOLATES THIS PARAGRAPH

COMMITS A VIOLATION OF 65 PA.C.S. § 1103(A) (RELATING TO

RESTRICTED ACTIVITIES) AND SHALL BE SUBJECT TO THE PENALTIES

IMPOSED UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION.

(III) A CONTRACT MADE IN VIOLATION OF THIS PARAGRAPH SHALL

BE VOIDABLE BY THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL

ENTITY.

(5) AN ADMINISTRATOR SHALL BE IMMEDIATELY DISMISSED UPON

CONVICTION FOR AN OFFENSE GRADED AS A FELONY, AN INFAMOUS CRIME,

AN OFFENSE PERTAINING TO FRAUD, THEFT OR MISMANAGEMENT OF PUBLIC

FUNDS OR ANY CRIME INVOLVING MORAL TURPITUDE.

(D) AS USED IN THIS SECTION, THE TERM "CHARTER SCHOOL

ENTITY" MEANS A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR CYBER

CHARTER SCHOOL.

SECTION 1716-A. POWERS OF BOARD OF TRUSTEES.--(A) THE BOARD

OF TRUSTEES OF A CHARTER SCHOOL [SHALL HAVE THE AUTHORITY TO]

ENTITY MAY DECIDE MATTERS RELATED TO THE OPERATION OF THE

SCHOOL, INCLUDING, BUT NOT LIMITED TO, BUDGETING, CURRICULUM AND

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OPERATING PROCEDURES, SUBJECT TO THE SCHOOL'S CHARTER. THE BOARD

[SHALL HAVE THE AUTHORITY TO] MAY EMPLOY, DISCHARGE AND CONTRACT

WITH NECESSARY PROFESSIONAL AND NONPROFESSIONAL EMPLOYES SUBJECT

TO THE SCHOOL'S CHARTER AND THE PROVISIONS OF THIS ARTICLE.

(B) [NO] A MEMBER OF A LOCAL BOARD OF SCHOOL DIRECTORS OF A

SCHOOL ENTITY [SHALL] MAY NOT SERVE ON THE BOARD OF TRUSTEES OF

A CHARTER SCHOOL ENTITY THAT IS LOCATED IN THE MEMBER'S

DISTRICT.

(B.1) FOR A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL

CHARTERED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, AN

INDIVIDUAL MAY NOT SERVE AS A VOTING MEMBER OF THE BOARD OF

TRUSTEES OF THE CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL IF THE

INDIVIDUAL OR A FAMILY MEMBER RECEIVES COMPENSATION FROM OR IS

EMPLOYED BY OR IS A MEMBER OF THE LOCAL BOARD OF SCHOOL

DIRECTORS WHO PARTICIPATED IN THE INITIAL REVIEW, APPROVAL,

OVERSIGHT, EVALUATION OR RENEWAL PROCESS OF THE CHARTER SCHOOL

OR REGIONAL CHARTER SCHOOL CHARTERED BY THE BOARD.

(B.2) (1) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER

SCHOOL ENTITY MAY NOT PARTICIPATE IN THE SELECTION, AWARD OR

ADMINISTRATION OF A CONTRACT IF THE MEMBER HAS A CONFLICT OF

INTEREST AS THAT TERM IS DEFINED IN 65 PA.C.S. § 1102 (RELATING

TO DEFINITIONS).

(2) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL

ENTITY WHO, IN THE DISCHARGE OF THE PERSON'S OFFICIAL DUTIES,

WOULD BE REQUIRED TO VOTE ON A MATTER RESULTING IN A CONFLICT OF

INTEREST MUST ABSTAIN FROM VOTING AND FOLLOW THE PROCEDURES

REQUIRED UNDER 65 PA.C.S. § 1103(J) (RELATING TO RESTRICTED

ACTIVITIES).

(3) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL

ENTITY WHO KNOWINGLY VIOLATES THIS SUBSECTION COMMITS A

20230SB0700PN1816 - 39 -

VIOLATION OF 65 PA.C.S. § 1103(A) AND SHALL BE SUBJECT TO THE

PENALTIES IMPOSED UNDER THE JURISDICTION OF THE STATE ETHICS

COMMISSION.

(4) A CONTRACT MADE IN VIOLATION OF THIS SUBSECTION SHALL BE

VOIDABLE BY A COURT OF COMPETENT JURISDICTION IF THE SUIT IS

COMMENCED WITHIN NINETY (90) DAYS OF THE DISCOVERY OF THE

VIOLATION.

(5) NO MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL

ENTITY SHALL BE COMPENSATED FOR DUTIES ON THE BOARD OF TRUSTEES.

(B.3) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL

ENTITY SHALL BE AUTOMATICALLY DISQUALIFIED AND IMMEDIATELY

REMOVED FROM THE BOARD OF TRUSTEES UPON CONVICTION FOR AN

OFFENSE GRADED AS A FELONY, AN INFAMOUS CRIME, AN OFFENSE

PERTAINING TO FRAUD, THEFT OR MISMANAGEMENT OF PUBLIC FUNDS, ANY

OFFENSE PERTAINING TO THE MEMBER'S OFFICIAL CAPACITY AS A MEMBER

OF THE BOARD OF TRUSTEES OR ANY CRIME INVOLVING MORAL TURPITUDE.

3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE ACT."

(D) THE FOLLOWING SHALL APPLY:

(1) (I) THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY

SHALL CONSIST OF A MINIMUM OF FIVE (5) NONRELATED VOTING

MEMBERS.

(II) IF A CHARTER SCHOOL ENTITY HAS FEWER THAN FIVE (5)

NONRELATED VOTING MEMBERS SERVING ON ITS BOARD OF TRUSTEES ON

THE EFFECTIVE DATE OF THIS PARAGRAPH THE CHARTER SCHOOL ENTITY

SHALL, WITHIN ONE HUNDRED EIGHTY (180) DAYS, APPOINT ADDITIONAL

MEMBERS TO THE BOARD OF TRUSTEES TO MEET THE MINIMUM

REQUIREMENTS OF THIS SECTION.

(2) WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE OF THIS

PARAGRAPH, AT LEAST ONE MEMBER OF THE BOARD OF TRUSTEES OF A

20230SB0700PN1816 - 40 -

CHARTER SCHOOL ENTITY SHALL BE A PARENT OF A CHILD CURRENTLY

ATTENDING THE CHARTER SCHOOL ENTITY. THE BOARD OF TRUSTEES

MEMBER PROVIDED FOR UNDER THIS PARAGRAPH SHALL BE ELIGIBLE TO

SERVE ONLY SO LONG AS THE CHILD ATTENDS THE CHARTER SCHOOL

ENTITY. THIS PARAGRAPH SHALL NOT APPLY TO A CHARTER SCHOOL THAT

PRIMARILY SERVES ADJUDICATED YOUTH.

(E) THE FOLLOWING SHALL APPLY:

(1) A MAJORITY OF THE VOTING MEMBERS OF THE BOARD OF

TRUSTEES SHALL CONSTITUTE A QUORUM. IF LESS THAN A MAJORITY IS

PRESENT AT ANY MEETING, NO BUSINESS MAY BE TRANSACTED AT THE

MEETING.

(2) THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL THE VOTING

MEMBERS OF THE BOARD OF TRUSTEES, DULY RECORDED, SHALL BE

REQUIRED IN ORDER TO TAKE OFFICIAL ACTION ON THE SUBJECTS

ENUMERATED UNDER SUBSECTION (A).

(F) A CHARTER SCHOOL ENTITY SHALL FORM AN INDEPENDENT AUDIT

COMMITTEE OF ITS BOARD OF TRUSTEES MEMBERS WHICH SHALL REVIEW AT

THE CLOSE OF EACH FISCAL YEAR A COMPLETE CERTIFIED AUDIT OF THE

OPERATIONS OF THE CHARTER SCHOOL ENTITY. THE AUDIT SHALL BE

CONDUCTED BY A QUALIFIED INDEPENDENT CERTIFIED PUBLIC

ACCOUNTANT. THE AUDIT SHALL BE CONDUCTED UNDER GENERALLY

ACCEPTED AUDIT STANDARDS OF THE GOVERNMENTAL ACCOUNTING

STANDARDS BOARD AND SHALL INCLUDE THE FOLLOWING:

(1) AN ENROLLMENT TEST TO VERIFY THE ACCURACY OF STUDENT

ENROLLMENT AND REPORTING TO THE COMMONWEALTH.

(2) FULL REVIEW OF EXPENSE REIMBURSEMENTS FOR BOARD OF

TRUSTEES MEMBERS AND ADMINISTRATORS, INCLUDING SAMPLING OF ALL

REIMBURSEMENTS.

(3) REVIEW OF INTERNAL CONTROLS, INCLUDING REVIEW OF

RECEIPTS AND DISBURSEMENTS.

20230SB0700PN1816 - 41 -

(4) REVIEW OF ANNUAL FEDERAL AND STATE TAX FILINGS,

INCLUDING THE INTERNAL REVENUE SERVICE FORM 990, RETURN OF

ORGANIZATION EXEMPT FROM INCOME TAX AND ALL RELATED SCHEDULES

AND APPENDICES FOR THE CHARTER SCHOOL ENTITY AND CHARTER SCHOOL

FOUNDATION, IF APPLICABLE.

(5) REVIEW OF THE FINANCIAL STATEMENTS OF ANY CHARTER SCHOOL

FOUNDATION.

(6) REVIEW OF THE SELECTION AND ACCEPTANCE PROCESS OF ALL

CONTRACTS PUBLICLY BID PURSUANT TO SECTION 751.

(7) REVIEW OF ALL BOARD POLICIES AND PROCEDURES WITH REGARD

TO INTERNAL CONTROLS, CODE OF ETHICS, CONFLICTS OF INTEREST,

WHISTLE-BLOWER PROTECTIONS, COMPLAINTS FROM PARENTS OR THE

PUBLIC, COMPLIANCE WITH 65 PA.C.S. CH. 7 (REALTING TO OPEN

MEETINGS), FINANCES, BUDGETING, AUDITS, PUBLIC BIDDING AND

BONDING.

(G) THE CERTIFIED AUDIT UNDER SUBSECTION (F) AND THE ANNUAL

BUDGET UNDER SUBSECTION (I) ARE PUBLIC DOCUMENTS AND SHALL BE

MADE AVAILABLE ON THE CHARTER SCHOOL ENTITY'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE, IF AVAILABLE, AND, IN THE CASE OF A

CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL, ON THE SCHOOL

DISTRICT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(H) A CHARTER SCHOOL ENTITY MAY BE SUBJECT TO AN ANNUAL

AUDIT BY THE AUDITOR GENERAL, IN ADDITION TO ANY OTHER AUDITS

REQUIRED BY FEDERAL LAW OR THIS ACT.

(I) A CHARTER SCHOOL ENTITY SHALL ANNUALLY PROVIDE THE

DEPARTMENT AND, IN THE CASE OF A CHARTER SCHOOL OR REGIONAL

CHARTER SCHOOL, SHALL ANNUALLY PROVIDE THE SCHOOL DISTRICT WITH

A COPY OF THE ANNUAL BUDGET FOR THE OPERATION OF THE CHARTER

SCHOOL ENTITY THAT IDENTIFIES THE FOLLOWING:

(1) THE SOURCE OF FUNDING FOR ALL EXPENDITURES.

20230SB0700PN1816 - 42 -

(2) WHERE FUNDING IS PROVIDED BY A CHARTER SCHOOL

FOUNDATION, THE AMOUNT OF FUNDS AND A DESCRIPTION OF THE USE OF

THE FUNDS.

(3) THE SALARIES OF ALL ADMINISTRATORS OF THE CHARTER SCHOOL

ENTITY.

(4) ALL EXPENDITURES TO AN EDUCATIONAL MANAGEMENT SERVICE

PROVIDER.

(J) THE FOLLOWING SHALL APPLY:

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CHARTER

SCHOOL ENTITY AND ANY AFFILIATED CHARTER SCHOOL FOUNDATION SHALL

MAKE COPIES OF ITS ANNUAL FEDERAL AND STATE TAX FILINGS

AVAILABLE UPON REQUEST AND ON THE CHARTER SCHOOL ENTITY'S OR

CHARTER SCHOOL FOUNDATION'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE, IF AVAILABLE, INCLUDING THE INTERNAL REVENUE SERVICE

FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX AND ALL

RELATED SCHEDULES AND APPENDICES.

(2) THE CHARTER SCHOOL FOUNDATION SHALL ALSO MAKE COPIES OF

ITS ANNUAL BUDGET AVAILABLE UPON REQUEST AND ON THE CHARTER

SCHOOL FOUNDATION'S OR THE CHARTER SCHOOL ENTITY'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE WITHIN THIRTY (30) DAYS OF THE CLOSE

OF THE CHARTER SCHOOL FOUNDATION'S FISCAL YEAR.

(3) THE ANNUAL BUDGET SHALL INCLUDE THE SALARIES OF ALL

EMPLOYES OF THE CHARTER SCHOOL FOUNDATION.

(K) AS USED IN THIS SECTION, THE TERM "CHARTER SCHOOL

ENTITY" MEANS A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR CYBER

CHARTER SCHOOL.

SECTION 22. SECTION 1722-A OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 1722-A. FACILITIES.--* * *

(F) A SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE

20230SB0700PN1816 - 43 -

AND INSTITUTION UNDER ARTICLE XX-A SHALL PROVIDE A CYBER CHARTER

SCHOOL WITH REASONABLE ACCESS TO FACILITIES FOR THE

ADMINISTRATION OF STANDARDIZED TESTING AS FOLLOWS:

(1) A CYBER CHARTER SCHOOL SHALL PROVIDE A SCHOOL DISTRICT,

INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION WITH AT

LEAST SIXTY (60) DAYS' NOTICE OF THE NEED FOR FACILITIES TO BE

USED FOR THE ADMINISTRATION OF STANDARDIZED TESTS.

(2) WITHIN THIRTY (30) DAYS OF THE CYBER CHARTER SCHOOL'S

REQUEST, THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY

COLLEGE OR INSTITUTION SHALL NOTIFY THE CYBER CHARTER SCHOOL OF

THE LOCATION OF THE FACILITIES THAT WILL BE PROVIDED. THE

FACILITIES MUST BE A QUIET, SEPARATE LOCATION IN WHICH CYBER

CHARTER SCHOOL STUDENTS WILL NOT BE COMMINGLED WITH STUDENTS OF

THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR

INSTITUTION.

(3) A SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE

OR INSTITUTION MAY NOT BE REQUIRED TO MAKE FACILITIES AVAILABLE

TO A CYBER CHARTER SCHOOL ON DATES AND AT TIMES THAT MAY CAUSE

UNDUE INTERFERENCE WITH THE EDUCATIONAL PROGRAMS OF THE SCHOOL

DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION.

(4) A FACILITIES RENTAL FEE CHARGED TO THE CYBER CHARTER

SCHOOL AND THE PAYMENT OF THE FEE SHALL BE IN COMPLIANCE WITH

THE FACILITY RENTAL POLICY OF THE SCHOOL DISTRICT, INTERMEDIATE

UNIT, COMMUNITY COLLEGE OR INSTITUTION THAT APPLIES GENERALLY TO

ALL ORGANIZATIONS AND COMMUNITY GROUPS GIVEN ACCESS TO

FACILITIES OF THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY

COLLEGE OR INSTITUTION UNDER A RENTAL AGREEMENT.

SECTION 23. SECTION 1725-A(A) OF THE ACT IS AMENDED BY

ADDING A PARAGRAPH TO READ:

SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING

20230SB0700PN1816 - 44 -

FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER:

* * *

(7) BEGINNING NOVEMBER 1, 2024, AND EACH YEAR THEREAFTER,

EACH SCHOOL DISTRICT SHALL REPORT THE PER-STUDENT AMOUNT TO BE

PAID AND THE COMPONENT FINANCIAL DATA USED TO CALCULATE THE PER-

STUDENT AMOUNT TO BE PAID IN CLAUSES (2) AND (3) AND SECTION

1725.1-A FOR THE CURRENT SCHOOL YEAR IN A MANNER AND FORM

PRESCRIBED BY THE DEPARTMENT. ANY SUBSEQUENT REVISION TO THE

INFORMATION REPORTED UNDER THIS CLAUSE SHALL BE REPORTED TO THE

DEPARTMENT WITHIN FIFTEEN (15) DAYS OF THE REVISION. THE

DEPARTMENT SHALL POST THE INFORMATION RECEIVED UNDER THIS CLAUSE

WITHIN THIRTY (30) DAYS OF RECEIPT IN AN ELECTRONIC FORMAT ON

THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

* * *

SECTION 24. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1725.1-A. FUNDING FOR CYBER CHARTER SCHOOLS.--(A)

THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR NONRESIDENT

STUDENT ATTENDING A CYBER CHARTER SCHOOL.

(B) NOTWITHSTANDING SECTION 1725-A(A)(3), PER-STUDENT

FUNDING AMOUNTS FOR SPECIAL EDUCATION STUDENTS ATTENDING A CYBER

CHARTER SCHOOL SHALL BE CALCULATED IN ACCORDANCE WITH THIS

SECTION AND SHALL BE PAID BY THE SCHOOL DISTRICT OF RESIDENCE OF

EACH STUDENT.

SCHOOL YEAR THEREAFTER, FOR SPECIAL EDUCATION STUDENTS, A CYBER

CHARTER SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED THE

LESSER OF:

(1) THE AMOUNT CALCULATED UNDER SECTION 1725-A(A)(3); OR

(2) THE SAME FUNDING AS FOR EACH NON-SPECIAL EDUCATION

STUDENT AS PROVIDED IN SECTION 1725-A(A)(2), PLUS AN ADDITIONAL

20230SB0700PN1816 - 45 -

AMOUNT DETERMINED BY DIVIDING THE DISTRICT OF RESIDENCE'S TOTAL

SPECIAL EDUCATION EXPENDITURE BY THE SCHOOL DISTRICT OF

RESIDENCE'S TOTAL SPECIAL EDUCATION AVERAGE DAILY MEMBERSHIP FOR

THE PRIOR SCHOOL YEAR.

(D) FOR THE 2024-2025 SCHOOL YEAR, THE MONTHLY PAYMENTS FOR

JULY THROUGH DECEMBER FOR SPECIAL EDUCATION STUDENTS SHALL BE

BASED UPON THE RATE CALCULATED UNDER SECTION 1725-A(A)(3) AND

THE MONTHLY PAYMENTS FOR JANUARY THROUGH JUNE FOR SPECIAL

EDUCATION STUDENTS SHALL BE BASED UPON THE RATE CALCULATED IN

SUBSECTION (C).

SECTION 25. SECTION 1748-A(A)(1) AND (C) OF THE ACT ARE

AMENDED TO READ:

SECTION 1748-A. ENROLLMENT AND NOTIFICATION.

(A) NOTICE TO SCHOOL DISTRICT.--

(1) WITHIN [15] 10 DAYS OF THE ENROLLMENT OF A STUDENT

TO A CYBER CHARTER SCHOOL, THE PARENT OR GUARDIAN AND THE

CYBER CHARTER SCHOOL SHALL NOTIFY THE STUDENT'S SCHOOL

DISTRICT OF RESIDENCE OF THE ENROLLMENT THROUGH THE USE OF

THE NOTIFICATION FORM UNDER SUBSECTION (B).

* * *

GUARDIAN OF A STUDENT ENROLLED IN A CYBER CHARTER SCHOOL SHALL

PROVIDE WRITTEN NOTIFICATION TO THE STUDENT'S SCHOOL DISTRICT OF

RESIDENCE WITHIN [15] 10 DAYS FOLLOWING THE WITHDRAWAL OF A

STUDENT FROM THE CYBER CHARTER SCHOOL.

SECTION 26. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1748.1-A. ENROLLEE WELLNESS CHECKS.

(A) REQUIREMENTS.--A CYBER CHARTER SCHOOL SHALL, AT LEAST

ONCE DURING ANY WEEK CONSISTING OF AT LEAST THREE FULL OR

PARTIAL DAYS OF ACADEMIC INSTRUCTION, ENSURE THAT EACH ENROLLED

20230SB0700PN1816 - 46 -

STUDENT IS ABLE TO BE VISIBLY SEEN AND COMMUNICATED WITH IN REAL

TIME BY A TEACHER, ADMINISTRATOR OR OTHER REPRESENTATIVE OF THE

CYBER CHARTER SCHOOL, EITHER IN PERSON OR VIA ELECTRONIC MEANS,

IN ORDER TO ENSURE THE WELL-BEING OF THE STUDENT AND VERIFY

PARTICIPATION IN THE EDUCATIONAL PROGRAM. THE REQUIREMENT UNDER

THIS SUBSECTION MAY BE SATISFIED BY STUDENTS TURNING ON A WEBCAM

DURING SYNCHRONOUS ONLINE INSTRUCTION.

(B) REPORT.--IF ANY INDICATION OF ABUSE, NEGLECT OR HARM TO

A CHILD IS OBSERVED, THE CYBER CHARTER SCHOOL ADMINISTRATOR,

EMPLOYEE OR REPRESENTATIVE SHALL REPORT THE CONCERNS IN

ACCORDANCE WITH 23 PA.C.S. CH. 63 (RELATING TO CHILD PROTECTIVE

SERVICES).

SECTION 27. SECTIONS 1749-A AND 1704-D(A) OF THE ACT ARE

AMENDED TO READ:

SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT

AND OF OTHER ACTS AND REGULATIONS.

(A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE

SUBJECT TO THE FOLLOWING:

(1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431,

436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,

808, 809, 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301,

1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,

1332, 1333, 1333.1, 1333.2, 1333.3, 1341, 1342, 1343, 1344,

1345, 1372(8), 1303-A, 1518, 1521, 1523, 1531, 1547, 1702-A,

1703-A, 1714-A, 1715-A, 1716-A, 1716.1-A, 1719-A, 1721-A,

1722-A, 1723-A(A) AND (B), 1724-A, 1725-A, 1727-A, 1729-A,

1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND ARTICLES XI, XII-

A, XIII-A AND XIV.

(2) THE ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS

THE PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT.

20230SB0700PN1816 - 47 -

(3) THE ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED

"AN ACT PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY

PERSONS ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN

DANGERS IN SCHOOLS, COLLEGES AND UNIVERSITIES."

(4) SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965

P.L.1546, NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS

AND PROVIDING FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED

STUDENTS OF THE COMMONWEALTH OF PENNSYLVANIA WHO NEED

FINANCIAL ASSISTANCE TO ATTEND POSTSECONDARY INSTITUTIONS OF

HIGHER LEARNING, MAKING AN APPROPRIATION, AND PROVIDING FOR

THE ADMINISTRATION OF THIS ACT."

(5) THE ACT OF JULY 12, 1972 (P.L.765, NO.181) ENTITLED

"AN ACT RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE,

PROVIDING FOR PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL

AGENCIES, OTHER PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR

ORGANIZATIONS."

(6) [THE ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175),

KNOWN AS THE ANTIHAZING LAW.] 18 PA.C.S. CH. 28 (RELATING TO

ANTIHAZING) AND 42 PA.C.S. § 5803(A)(3.1) (RELATING TO ASSET

FORFEITURE.

(B) REGULATIONS.--CYBER CHARTER SCHOOLS SHALL BE SUBJECT TO

THE FOLLOWING PROVISIONS OF 22 PA. CODE (RELATING TO EDUCATION):

(1) CHAPTER 4 (RELATING TO ACADEMIC STANDARDS AND

ASSESSMENT).

(2) CHAPTER 11 (RELATING TO PUPIL ATTENDANCE).

(3) CHAPTER 12 (RELATING TO STUDENTS).

(3.1) CHAPTER 16 (RELATING TO SPECIAL EDUCATION FOR

GIFTED STUDENTS).

(3.2) CHAPTER 19 (RELATING TO EDUCATOR EFFECTIVENESS

RATING TOOL).

20230SB0700PN1816 - 48 -

(4) SECTION 32.3 (RELATING TO ASSURANCES).

(5) SECTION 121.3 (RELATING TO DISCRIMINATION

PROHIBITED).

(6) SECTION 235.4 (RELATING TO PRACTICES).

(7) SECTION 235.8 (RELATING TO CIVIL RIGHTS).

(7.1) SECTION 339.31 (RELATING TO PLAN).

(7.2) SECTION 339.32 (RELATING TO SERVICES).

(8) CHAPTER 711 (RELATING TO CHARTER SCHOOL SERVICES AND

PROGRAMS FOR CHILDREN WITH DISABILITIES).

[(C) EXISTING CHARTER SCHOOLS.--

(1) THE CHARTER OF A CHARTER SCHOOL APPROVED UNDER

SECTION 1717-A OR 1718-A WHICH PROVIDES INSTRUCTION THROUGH

THE INTERNET OR OTHER ELECTRONIC MEANS SHALL REMAIN IN EFFECT

FOR THE DURATION OF THE CHARTER AND SHALL BE SUBJECT TO THE

PROVISIONS OF SUBDIVISION (B).

(2) IN ADDITION TO SUBSECTIONS (A) AND (B), THE

FOLLOWING PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO A

CHARTER SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH

PROVIDES INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC

MEANS:

(I) SECTION 1743-A(C), (D), (E), (H) AND (I).

(II) SECTION 1744-A.

(III) SECTION 1748-A.]

SECTION 1704-D. DEPARTMENT RESPONSIBILITIES.

(A) FUNDING.--[THE DEPARTMENT MAY USE FEDERAL, STATE AND

OTHER MONEY TO THE EXTENT THAT IT IS MADE AVAILABLE FOR THE

PROGRAM.] TO AWARD GRANTS UNDER THE PILOT PROGRAM, THE

DEPARTMENT MAY USE FEDERAL, STATE AND OTHER MONEY TO THE EXTENT

THE MONEY IS MADE AVAILABLE FOR THE PROGRAM INCLUDING UP TO

$300,000 ANNUALLY OF UNDISTRIBUTED FUNDS NOT EXPENDED,

20230SB0700PN1816 - 49 -

ENCUMBERED OR COMMITTED FROM APPROPRIATIONS OR RESTRICTED

ACCOUNTS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT TO

AWARD GRANTS. THE FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF

THE BUDGET TO A RESTRICTED ACCOUNT AS NECESSARY TO AWARD GRANTS

AND, WHEN TRANSFERRED, ARE APPROPRIATED TO CARRY OUT THE

PROVISIONS OF THIS ARTICLE.

* * *

SECTION 28. SECTION 1806-A OF THE ACT IS REPEALED:

[SECTION 1806-A. EXPIRATION.

THIS ARTICLE SHALL EXPIRE JUNE 30, 2024, OR FIVE YEARS AFTER

THE EFFECTIVE DATE OF THIS ARTICLE, WHICHEVER IS LATER.]

SECTION 29. SECTION 1913-A(B)(1.6) OF THE ACT IS AMENDED BY

ADDING SUBCLAUSES TO READ:

SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF

PAYMENTS.--* * *

(B) * * *

(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR

THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF

THE FOLLOWING:

* * *

(XIX) FOR THE 2024-2025 FISCAL YEAR, EACH COMMUNITY COLLEGE

SHALL RECEIVE AN AMOUNT EQUAL TO THE FOLLOWING:

(A) AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR OPERATING COSTS

RECEIVED IN FISCAL YEAR 2023-2024 UNDER SUBCLAUSE (XVIII)(A) AND

(C).

(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND

RECEIVED IN FISCAL YEAR 2023-2024 UNDER SUBCLAUSE (XVIII)(B).

UNITS (A) AND (B), AN ADDITIONAL AMOUNT FOR OPERATING COSTS

DETERMINED FOR EACH COMMUNITY COLLEGE, AS FOLLOWS:

20230SB0700PN1816 - 50 -

(I) MULTIPLY THE AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS

VERIFIED UNDER SUBSECTION (K.1) FOR THE MOST RECENT YEAR

AVAILABLE FOR THE COMMUNITY COLLEGE BY $15,398,000.

(II) DIVIDE THE PRODUCT IN SUBUNIT (I) BY THE SUM OF THE

AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS VERIFIED UNDER

SUBSECTION (K.1) FOR THE MOST RECENT YEAR AVAILABLE FOR ALL

COMMUNITY COLLEGES THAT RECEIVE FUNDING UNDER UNITS (A) AND (B).

(XX) FOR FISCAL YEAR 2024-2025, A COMMUNITY COLLEGE APPROVED

BY THE STATE BOARD OF EDUCATION DURING THE 2020 CALENDAR YEAR

SHALL RECEIVE AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE

AMOUNT APPROPRIATED FOR THE ALLOCATION OF COMMUNITY COLLEGE

FUNDING AND THE SUM OF THE AMOUNTS DETERMINED FOR COMMUNITY

COLLEGES UNDER SUBCLAUSE (XIX).

* * *

SECTION 30. THE DEFINITION OF "ECONOMICALLY DISADVANTAGED

SCHOOL" IN SECTION 2002-B OF THE ACT IS AMENDED TO READ:

SECTION 2002-B. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"ECONOMICALLY DISADVANTAGED SCHOOL." ANY SCHOOL WITHIN THIS

COMMONWEALTH AT WHICH AT LEAST 51% OF THE STUDENTS ATTENDING THE

SCHOOL IN THE IMMEDIATELY PRECEDING SCHOOL YEAR RECEIVED A

SCHOLARSHIP [OF AT LEAST $1,000] PURSUANT TO THIS ARTICLE[.] IN

THE FOLLOWING AMOUNTS:

(1) FOR A PRE-KINDERGARTEN, KINDERGARTEN OR ELEMENTARY

SCHOOL, AT LEAST $500; AND

(2) FOR A SECONDARY SCHOOL, AT LEAST $1,000.

* * *

20230SB0700PN1816 - 51 -

SECTION 31. SECTION 2003-B(D.3)(2) AND (4) OF THE ACT ARE

AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO

READ:

SECTION 2003-B. QUALIFICATION AND APPLICATION BY ORGANIZATIONS.

* * *

(D.3) SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY

DISADVANTAGED SCHOOLS.--

* * *

(2) A SCHOLARSHIP ORGANIZATION MUST AGREE TO DISTRIBUTE

SCHOLARSHIPS TO APPLICANTS OF ECONOMICALLY DISADVANTAGED

SCHOOLS NOT LATER THAN [FEBRUARY 1] DECEMBER 15 OF THE

APPLICABLE SCHOOL YEAR.

* * *

(4) A SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY

DISADVANTAGED SCHOOLS SHALL ANNUALLY REPORT THE FOLLOWING

INFORMATION TO THE DEPARTMENT BY [NOVEMBER 1] JANUARY 15 OF

EACH YEAR:

(I) SCHOLARSHIP AWARDS BY FAMILY HOUSEHOLD INCOME.

(II) THE SCHOOL DISTRICT WHERE THE SCHOLARSHIP

RECIPIENT CURRENTLY RESIDES.

(III) THE SCHOOL THAT THE STUDENT ATTENDED IN THE

YEAR PRIOR TO THE SCHOLARSHIP AWARD.

(IV) THE TOTAL NUMBER, AMOUNT AND AVERAGE

SCHOLARSHIP AWARDED.

(4.1) A SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY

DISADVANTAGED SCHOOLS SHALL CONTRIBUTE AT LEAST 99% OF ITS

ANNUAL RECEIPTS FOR ECONOMICALLY DISADVANTAGED SCHOOLS FOR

SCHOLARSHIPS.

* * *

SECTION 32. SECTION 2005-B(A), (B) AND (D) OF THE ACT ARE

20230SB0700PN1816 - 52 -

AMENDED TO READ:

SECTION 2005-B. TAX CREDITS.

(A) SCHOLARSHIP OR EDUCATIONAL IMPROVEMENT ORGANIZATIONS.--

IN ACCORDANCE WITH SECTION 2006-B, THE DEPARTMENT OF REVENUE

SHALL GRANT A TAX CREDIT AGAINST ANY APPLICABLE TAX TO A

BUSINESS FIRM PROVIDING PROOF OF A CONTRIBUTION TO A SCHOLARSHIP

ORGANIZATION OR EDUCATIONAL IMPROVEMENT ORGANIZATION IN THE

TAXABLE YEAR IN WHICH THE CONTRIBUTION IS MADE IN ACCORDANCE

WITH THE FOLLOWING:

(1) THE TAX CREDIT SHALL NOT EXCEED 75% OR, IN THE CASE

OF A CONTRIBUTION TO THE SCHOLARSHIP ORGANIZATION FOR

ECONOMICALLY DISADVANTAGED SCHOOLS, 85% OF THE TOTAL AMOUNT

CONTRIBUTED DURING THE TAXABLE YEAR BY THE BUSINESS FIRM.

(2) FOR FISCAL YEAR 2014-2015, [AND EACH FISCAL YEAR

THEREAFTER,] THE TAX CREDIT SHALL NOT EXCEED $750,000

ANNUALLY PER BUSINESS FIRM FOR CONTRIBUTIONS MADE TO

SCHOLARSHIP ORGANIZATIONS OR EDUCATIONAL IMPROVEMENT

ORGANIZATIONS EXCEPT AS PROVIDED UNDER SUBSECTION (I).

(3) FOR FISCAL YEAR 2024-2025 AND EACH FISCAL YEAR

THEREAFTER, THE $750,000 ANNUAL TAX CREDIT LIMITATION IN

SUBSECTION (A)(2) SHALL NOT APPLY FOR CONTRIBUTIONS MADE BY A

BUSINESS FIRM TO THE SCHOLARSHIP ORGANIZATION FOR

ECONOMICALLY DISADVANTAGED SCHOOLS.

* * *

(B) ADDITIONAL AMOUNT.--[IN] NOTWITHSTANDING SUBSECTIONS (A)

(1) AND (A.1)(1), IN ACCORDANCE WITH SECTION 2006-B, THE

DEPARTMENT OF REVENUE SHALL GRANT A TAX CREDIT OF UP TO 90% OR,

IN THE CASE OF A CONTRIBUTION TO THE SCHOLARSHIP ORGANIZATION

FOR ECONOMICALLY DISADVANTAGED SCHOOLS, 99% OF THE TOTAL AMOUNT

CONTRIBUTED DURING THE TAXABLE YEAR IF THE BUSINESS FIRM

20230SB0700PN1816 - 53 -

PROVIDES A WRITTEN COMMITMENT TO PROVIDE THE SCHOLARSHIP

ORGANIZATION, EDUCATIONAL IMPROVEMENT ORGANIZATION OR

OPPORTUNITY SCHOLARSHIP ORGANIZATION WITH THE SAME AMOUNT OF

CONTRIBUTION FOR TWO CONSECUTIVE TAX YEARS. THE BUSINESS FIRM

MUST PROVIDE THE WRITTEN COMMITMENT UNDER THIS SUBSECTION TO THE

DEPARTMENT AT THE TIME OF APPLICATION.

* * *

(D) COMBINATION OF TAX CREDITS.--IN ACCORDANCE WITH SECTION

2006-B, A BUSINESS FIRM MAY RECEIVE TAX CREDITS FROM THE

DEPARTMENT OF REVENUE IN ANY TAX YEAR FOR ANY COMBINATION OF

CONTRIBUTIONS UNDER SUBSECTION (A), (A.1), (B) OR (C). EXCEPT AS

PROVIDED IN SUBSECTION (I), IN NO CASE MAY A BUSINESS FIRM

RECEIVE TAX CREDITS IN ANY TAX YEAR IN EXCESS OF THE FOLLOWING:

(1) $750,000 FOR COMBINED CONTRIBUTIONS TO SCHOLARSHIP

ORGANIZATIONS, OTHER THAN THE SCHOLARSHIP ORGANIZATION FOR

ECONOMICALLY DISADVANTAGED SCHOOLS, AND EDUCATIONAL

IMPROVEMENT ORGANIZATIONS UNDER SUBSECTIONS (A) AND (B).

(2) $750,000 FOR CONTRIBUTIONS TO OPPORTUNITY

SCHOLARSHIP ORGANIZATIONS UNDER SUBSECTIONS (A.1) AND (B).

(3) $200,000 FOR CONTRIBUTIONS TO PRE-KINDERGARTEN

SCHOLARSHIP ORGANIZATIONS UNDER SUBSECTION (C).

* * *

SECTION 33. SECTION 2006-B(A) OF THE ACT, AMENDED DECEMBER

13, 2023 (P.L.187, NO.33), IS AMENDED TO READ:

SECTION 2006-B. LIMITATIONS.

(A) AMOUNT.--

(1) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS

APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP

ORGANIZATIONS, EDUCATIONAL IMPROVEMENT ORGANIZATIONS AND PRE-

KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED

20230SB0700PN1816 - 54 -

[$470,000,000] $540,000,000 IN A FISCAL YEAR. THE FOLLOWING

SHALL APPLY:

(I) NO LESS THAN [$325,000,000] $375,000,000 OF THE

TOTAL AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX

CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO

SCHOLARSHIP ORGANIZATIONS.

(II) NO LESS THAN [$54,500,000] $74,500,000 OF THE

TOTAL AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX

CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO

EDUCATIONAL IMPROVEMENT ORGANIZATIONS.

(III) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS

APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO PRE-

KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED

$30,500,000 IN A FISCAL YEAR.

(IV) NO LESS THAN $60,000,000 OF THE TOTAL AGGREGATE

AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR

CONTRIBUTIONS FROM BUSINESS FIRMS TO INCREASE THE

SCHOLARSHIP OR PRE-KINDERGARTEN SCHOLARSHIP BY UP TO

$2,000 OR, IN THE CASE OF A SCHOLARSHIP FOR A STUDENT

ATTENDING A SECONDARY SCHOOL, BY UP TO $4,000, FOR A

STUDENT ATTENDING AN ECONOMICALLY DISADVANTAGED SCHOOL,

TO THE EXTENT THAT THE TOTAL AMOUNT OF SCHOLARSHIPS, PRE-

KINDERGARTEN SCHOLARSHIPS AND OPPORTUNITY SCHOLARSHIPS

WILL NOT EXCEED THE LESSER OF $8,500 OR THE SCHOOL'S

TUITION.

(2) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS

APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO OPPORTUNITY

SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED [$85,000,000]

$90,000,000 IN A FISCAL YEAR.

* * *

20230SB0700PN1816 - 55 -

SECTION 34. SECTION 2009-B(F) OF THE ACT IS REPEALED:

SECTION 2009-B. OPPORTUNITY SCHOLARSHIPS.

* * *

[(F) DESIGNATION, REPORTS AND NOTICES.--

(1) EACH SCHOOL THAT DESIRES TO BE DESIGNATED AS AN

ECONOMICALLY DISADVANTAGED SCHOOL FOR A SCHOOL YEAR SHALL

REPORT THE FOLLOWING INFORMATION TO THE DEPARTMENT BY THE

JANUARY 1 PRECEDING THE APPLICABLE SCHOOL YEAR:

(I) THE TOTAL NUMBER OF STUDENTS WHO ATTEND THE

SCHOOL AS OF THE DATE OF THE REPORT AND ARE THE

RECIPIENTS OF A SCHOLARSHIP UNDER THIS ARTICLE.

(II) THE TOTAL NUMBER OF STUDENTS ATTENDING THE

SCHOOL AS OF THE DATE OF THE REPORT.

(2) THE INFORMATION REQUIRED UNDER PARAGRAPH (1) SHALL

BE SUBMITTED ON A FORM PROVIDED BY THE DEPARTMENT. NO LATER

THAN THE OCTOBER 15 PRECEDING EACH SCHOOL YEAR, THE

DEPARTMENT SHALL ANNUALLY DISTRIBUTE OR MAKE AVAILABLE

ELECTRONICALLY TO EACH SCHOOL IN THIS COMMONWEALTH THE FORMS

ON WHICH THE REPORTS ARE REQUIRED TO BE MADE.

(3) NO LATER THAN MARCH 1 AFTER A SCHOOL HAS SUBMITTED

TO THE DEPARTMENT THE INFORMATION REQUIRED UNDER PARAGRAPH

(1), THE DEPARTMENT SHALL NOTIFY THE SCHOOL WHETHER THE

SCHOOL MEETS THE REQUIREMENTS OF, AND WILL BE DESIGNATED AS,

AN ECONOMICALLY DISADVANTAGED SCHOOL FOR THE APPLICABLE

SCHOOL YEAR.

(4) THE DEPARTMENT SHALL ANNUALLY TRANSMIT NOTICE OF A

LIST OF EACH SCHOOL DESIGNATED AS AN ECONOMICALLY

DISADVANTAGED SCHOOL UNDER THIS SECTION TO THE LEGISLATIVE

REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA

BULLETIN. THE LIST SHALL BE POSTED AND UPDATED AS NECESSARY

20230SB0700PN1816 - 56 -

ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(5) (I) EACH SCHOOL THAT HAS BEEN DESIGNATED BY THE

DEPARTMENT AS AN ECONOMICALLY DISADVANTAGED SCHOOL FOR AN

APPLICABLE SCHOOL YEAR SHALL NOTIFY THE DEPARTMENT BY NO

LATER THAN NOVEMBER 30 OF THE APPLICABLE SCHOOL YEAR OF

THE FOLLOWING INFORMATION FOR EACH RECIPIENT OF A

SCHOLARSHIP REGISTERED TO ATTEND THE SCHOOL FOR THE

APPLICABLE SCHOOL YEAR:

(A) THE RECIPIENT'S NAME AND ADDRESS.

(B) THE GRADE OF THE RECIPIENT FOR THE SCHOOL

YEAR WITH RESPECT TO WHICH THE SCHOLARSHIP AND

TUITION GRANT SHALL BE RECEIVED.

THIS ARTICLE ENTITLED TO EDUCATIONAL TAX CREDITS THAT

WERE RECEIVED BY THE RECIPIENT.

(D) THE NAMES AND ADDRESS OF THE RECIPIENT'S

PARENTS OR GUARDIANS.

(E) THE AMOUNT OF TUITION CHARGED.

(II) THE INFORMATION SUBMITTED IN THIS PARAGRAPH

SHALL BE PROVIDED TO THE SCHOLARSHIP ORGANIZATION FOR

ECONOMICALLY DISADVANTAGED SCHOOLS WHO SHALL DISTRIBUTE

THE MONEY IN ACCORDANCE WITH SECTION 2003-B(D.3).

(III) INFORMATION SUBMITTED BY A SCHOOL DESIGNATED

BY THE DEPARTMENT AS AN ECONOMICALLY DISADVANTAGED SCHOOL

SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE

ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE

RIGHT-TO-KNOW LAW. THE INFORMATION CAN BE USED FOR

ADMINISTRATION OF THE PROGRAM.]

SECTION 35. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 2009.1-B. ECONOMICALLY DISADVANTAGED SCHOOL

20230SB0700PN1816 - 57 -

SCHOLARSHIPS.

(A) REPORTS.--

(1) EACH SCHOOL THAT DESIRES TO BE DESIGNATED AS AN

ECONOMICALLY DISADVANTAGED SCHOOL FOR A SCHOOL YEAR MUST

REPORT THE FOLLOWING INFORMATION TO THE SCHOLARSHIP

ORGANIZATION FOR ECONOMICALLY DISADVANTAGED SCHOOLS BY THE

JANUARY 1 PRECEDING THE APPLICABLE SCHOOL YEAR:

(I) THE TOTAL NUMBER OF STUDENTS WHO ATTEND THE

SCHOOL AS OF THE DATE OF THE REPORT AND ARE THE

RECIPIENTS OF A SCHOLARSHIP UNDER THIS ARTICLE IN AN

AMOUNT, EXCLUSIVE OF ANY AMOUNT RECEIVED UNDER SECTION

2006-B(A)(1)(IV), FOR A PRE-KINDERGARTEN, KINDERGARTEN OR

ELEMENTARY SCHOOL OF AT LEAST $500 AND FOR A SECONDARY

SCHOOL OF AT LEAST $1,000.

(II) THE TOTAL NUMBER OF STUDENTS ATTENDING THE

SCHOOL AS OF THE DATE OF THE REPORT.

(2) THE INFORMATION REQUIRED UNDER PARAGRAPH (1) SHALL

BE SUBMITTED ON A FORM PROVIDED BY THE SCHOLARSHIP

ORGANIZATION FOR ECONOMICALLY DISADVANTAGED SCHOOLS. NO LATER

THAN THE OCTOBER 15 PRECEDING EACH SCHOOL YEAR, THE

SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY DISADVANTAGED

SCHOOLS SHALL ANNUALLY DISTRIBUTE OR MAKE AVAILABLE

ELECTRONICALLY TO EACH SCHOOL IN THIS COMMONWEALTH THE FORMS

ON WHICH THE REPORTS ARE REQUIRED TO BE MADE.

(3) THE SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY

DISADVANTAGED SCHOOLS SHALL SUBMIT THE SCHOOL'S INFORMATION

TO THE DEPARTMENT BY THE FEBRUARY 1 PRECEDING THE SCHOOL

YEAR.

(B) NOTICE OF DESIGNATION.--

(1) NO LATER THAN MARCH 1 AFTER THE SCHOLARSHIP

20230SB0700PN1816 - 58 -

ORGANIZATION FOR ECONOMICALLY DISADVANTAGED SCHOOLS HAS

SUBMITTED THE INFORMATION RECEIVED UNDER SUBSECTION (A)(1) TO

THE DEPARTMENT, THE DEPARTMENT SHALL NOTIFY THE SCHOOL AND

THE SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY DISADVANTAGED

SCHOOLS WHETHER THE SCHOOL MEETS THE REQUIREMENTS OF, AND

WILL BE DESIGNATED AS, AN ECONOMICALLY DISADVANTAGED SCHOOL

FOR THE APPLICABLE SCHOOL YEAR.

(2) THE DEPARTMENT SHALL ANNUALLY TRANSMIT NOTICE OF A

LIST OF EACH SCHOOL DESIGNATED AS AN ECONOMICALLY

DISADVANTAGED SCHOOL UNDER THIS SECTION TO THE LEGISLATIVE

REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE

OF THE PENNSYLVANIA BULLETIN. THE LIST SHALL BE POSTED AND

UPDATED AS NECESSARY ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

(1) EACH SCHOOL THAT HAS BEEN DESIGNATED BY THE

DEPARTMENT AS AN ECONOMICALLY DISADVANTAGED SCHOOL FOR AN

APPLICABLE SCHOOL YEAR SHALL NOTIFY THE SCHOLARSHIP

ORGANIZATION FOR ECONOMICALLY DISADVANTAGED SCHOOLS NO LATER

THAN NOVEMBER 15 OF THE APPLICABLE SCHOOL YEAR OF THE

FOLLOWING INFORMATION FOR EACH RECIPIENT OF A SCHOLARSHIP

REGISTERED TO ATTEND THE SCHOOL FOR THE APPLICABLE SCHOOL

YEAR:

(I) THE RECIPIENT'S NAME AND ADDRESS.

(II) THE GRADE OF THE RECIPIENT FOR THE SCHOOL YEAR

WITH RESPECT TO WHICH THE SCHOLARSHIP AND TUITION GRANT

SHALL BE RECEIVED.

(III) THE TYPE AND AMOUNT OF SCHOLARSHIPS UNDER THIS

ARTICLE ENTITLED TO EDUCATIONAL TAX CREDITS THAT WERE

RECEIVED BY THE RECIPIENT, EXCLUSIVE OF ANY AMOUNT

20230SB0700PN1816 - 59 -

RECEIVED UNDER SECTION 2006-B(A)(1)(IV).

(IV) THE NAMES AND ADDRESSES OF THE RECIPIENT'S

PARENTS OR GUARDIANS.

(V) THE AMOUNT OF TUITION CHARGED.

(2) THE SCHOLARSHIP ORGANIZATION FOR ECONOMICALLY

DISADVANTAGED SCHOOLS SHALL DISTRIBUTE THE MONEY ON A PRO

RATA BASIS AMONG ALL STUDENTS IN ACCORDANCE WITH SECTION

2003-B(D.3).

(3) INFORMATION SUBMITTED UNDER THIS SECTION BY A SCHOOL

DESIGNATED AS AN ECONOMICALLY DISADVANTAGED SCHOOL SHALL

REMAIN CONFIDENTIAL AND SHALL NOT BE ACCESSIBLE FOR

INSPECTIONS AND DUPLICATION IN ACCORDANCE WITH THE ACT OF

FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW

LAW. THE INFORMATION MAY BE USED FOR ADMINISTRATION OF THE

PROGRAM.

(D) REFERENCES.--A SCHOLARSHIP AWARD UNDER THIS ARTICLE PAID

TO AN ECONOMICALLY DISADVANTAGED SCHOOL MAY BE REFERRED TO AS A

SCHOLARSHIP SUPPLEMENT.

SECTION 36. SECTION 2009-F OF THE ACT IS REPEALED:

[SECTION 2009-F. COLLEGE TEXTBOOK POLICIES ADVISORY COMMITTEE.

(A) ESTABLISHMENT.--A STANDING COMMITTEE OF THE STATE BOARD

OF EDUCATION TO BE KNOWN AS THE COLLEGE TEXTBOOK POLICIES

ADVISORY COMMITTEE IS ESTABLISHED. THE DEPARTMENT OF EDUCATION

SHALL PROVIDE STAFF SUPPORT FOR THE ADVISORY COMMITTEE.

(B) MEMBERSHIP.--THE ADVISORY COMMITTEE SHALL BE COMPRISED

OF:

(1) THE DEPUTY SECRETARY FOR HIGHER EDUCATION OF THE

DEPARTMENT OF EDUCATION OR A DESIGNEE.

(2) THE CHAIRMAN OF THE STATE BOARD OF EDUCATION HIGHER

EDUCATION COUNCIL OR A DESIGNEE.

20230SB0700PN1816 - 60 -

(3) ONE FACULTY MEMBER REPRESENTING THE STATE SYSTEM OF

HIGHER EDUCATION AS RECOMMENDED BY THE CHANCELLOR OF THE

STATE SYSTEM OF HIGHER EDUCATION.

(4) ONE FACULTY MEMBER REPRESENTING EACH OF THE STATE-

RELATED INSTITUTIONS AS RECOMMENDED BY THE CHANCELLORS OF THE

STATE-RELATED INSTITUTIONS.

(5) ONE FACULTY MEMBER REPRESENTING COMMUNITY COLLEGES

AS RECOMMENDED BY THE COMMISSION FOR COMMUNITY COLLEGES.

(6) ONE FACULTY MEMBER REPRESENTING PRIVATE AND

INDEPENDENT COLLEGES AND UNIVERSITIES AS RECOMMENDED BY THE

ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES OF

PENNSYLVANIA.

(7) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION

COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY

CHAIRMAN OF THE HOUSE OF REPRESENTATIVES OR THEIR DESIGNEES.

(8) NINE MEMBERS APPOINTED BY THE CHAIRMAN OF THE STATE

BOARD OF EDUCATION AS FOLLOWS:

(I) THREE MEMBERS REPRESENTING COLLEGE BOOKSTORES

WITH ONE REPRESENTING CAMPUS BOOKSTORES, ONE REPRESENTING

OFF-CAMPUS BOOKSTORES AND ONE REPRESENTING ONLINE

BOOKSTORES THAT FOCUS PRIMARILY ON THE SALE OF COLLEGE

TEXTBOOKS.

(II) TWO MEMBERS REPRESENTING TEXTBOOK PUBLISHERS.

(III) FOUR STUDENT MEMBERS REPRESENTING COLLEGE

STUDENTS, OF WHOM ONE MUST ATTEND A STATE SYSTEM OF

HIGHER EDUCATION INSTITUTION, ONE MUST ATTEND A

STATE-RELATED INSTITUTION, ONE MUST ATTEND A COMMUNITY

COLLEGE AND ONE MUST ATTEND AN INDEPENDENT OR PRIVATE

COLLEGE OR UNIVERSITY WITHIN THIS COMMONWEALTH. THE

STUDENT MEMBERS SHALL BE APPOINTED, RESPECTIVELY, BY THE

20230SB0700PN1816 - 61 -

CHAIRMAN FROM A LIST OF STUDENTS RECOMMENDED BY THE

CHANCELLOR OF THE STATE SYSTEM OF HIGHER EDUCATION, THE

CHANCELLORS OF THE STATE-RELATED INSTITUTIONS, THE

COMMISSION FOR COMMUNITY COLLEGES OR THE ASSOCIATION OF

INDEPENDENT COLLEGES AND UNIVERSITIES OF PENNSYLVANIA.

(9) ONE MEMBER POSSESSING A BACKGROUND IN INFORMATION

TECHNOLOGY-ELECTRONIC MEDIA APPOINTED BY THE CHAIRMAN OF THE

STATE BOARD OF EDUCATION.

NATIONAL AND INTERNATIONAL EFFORTS RELATING TO COLLEGE TEXTBOOK

AFFORDABILITY AND ACCESSIBILITY AND MAKE RECOMMENDATIONS THAT:

(1) ENSURE THAT STUDENTS HAVE ACCESS TO AFFORDABLE

COURSE MATERIALS BY DECREASING COSTS TO STUDENTS AND

ENHANCING TRANSPARENCY AND DISCLOSURE WITH RESPECT TO THE

SELECTION, PURCHASE, SALE AND USE OF COURSE MATERIALS.

(2) IDENTIFY WAYS TO DECREASE THE COST OF COLLEGE

TEXTBOOKS AND SUPPLEMENTAL MATERIALS FOR STUDENTS WHILE

SUPPORTING THE ACADEMIC FREEDOM OF FACULTY MEMBERS TO SELECT

HIGH QUALITY COURSE MATERIALS FOR STUDENTS.

(3) ENCOURAGE COLLEGE TEXTBOOK PUBLISHERS AND

DISTRIBUTORS TO WORK WITH FACULTY TO PROMOTE UNDERSTANDING OF

THE COST TO STUDENTS OF PURCHASING FACULTY-SELECTED COLLEGE

TEXTBOOKS, INCLUDING THE DISCLOSURE OF PRICES AND BUNDLING

PRACTICES.

(4) ENCOURAGE INNOVATION IN THE DEVELOPMENT AND USE OF

COURSE MATERIALS, INCLUDING OPEN-SOURCE COLLEGE TEXTBOOKS AND

OTHER OPEN-SOURCE EDUCATIONAL RESOURCES, THAT CAN HELP

STUDENTS RECEIVE THE FULL VALUE OF THEIR EDUCATIONAL

INVESTMENT WITHOUT EXCESSIVE COST.

(5) ENSURE THAT FACULTY MEMBERS ARE INFORMED OF ACCURATE

20230SB0700PN1816 - 62 -

AND RELEVANT PRICING INFORMATION FOR COURSE MATERIALS AND

THAT STUDENTS ARE PROTECTED AS A CONSUMER GROUP.

(6) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE

STATE BOARD OF EDUCATION TO STRENGTHEN EXISTING STATE LAWS

AND REGULATIONS AND TO PROPOSE ANY ADDITIONAL AND NECESSARY

STATE LAWS AND REGULATIONS.

(D) FIRST MEETING.--THE ADVISORY COMMITTEE SHALL HOLD ITS

FIRST MEETING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS

SECTION. THE ADVISORY COMMITTEE SHALL MEET AT LEAST ONCE

QUARTERLY. MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT

COMPENSATION. THE DEPUTY SECRETARY FOR HIGHER EDUCATION OF THE

DEPARTMENT OF EDUCATION SHALL SERVE AS COMMITTEE CHAIR.

(E) REPORT.--NO LATER THAN 18 MONTHS AFTER THE EFFECTIVE

DATE OF THIS SECTION, THE ADVISORY COMMITTEE SHALL MAKE A REPORT

TO THE STATE BOARD OF EDUCATION THAT OUTLINES ITS FINDINGS AND

RECOMMENDATIONS. THE REPORT SHALL ALSO BE DELIVERED TO THE

GOVERNOR'S OFFICE, MEMBERS OF THE EDUCATION COMMITTEE OF THE

SENATE AND MEMBERS OF THE EDUCATION COMMITTEE OF THE HOUSE OF

REPRESENTATIVES. THE REPORT SHALL BE UPDATED EVERY THREE YEARS

AND MAY ALSO BE POSTED ON THE DEPARTMENT OF EDUCATION'S INTERNET

WEBSITE.]

SECTION 37. SECTION 2007-G(A) INTRODUCTORY PARAGRAPH OF THE

ACT IS AMENDED TO READ:

SECTION 2007-G. MEMORANDUM OF UNDERSTANDING.

(A) GENERAL RULE.--AN INSTITUTION OF HIGHER EDUCATION,

INCLUDING ANY BRANCH CAMPUS OF AN INSTITUTION OF HIGHER

EDUCATION, AND A PRIVATE LICENSED SCHOOL SHALL ENTER INTO OR

UPDATE AT THE NEXT RENEWAL AND MAINTAIN A MEMORANDUM OF

UNDERSTANDING WITH AT LEAST ONE LOCAL RAPE CRISIS CENTER AND ONE

DOMESTIC VIOLENCE PROGRAM TO:

20230SB0700PN1816 - 63 -

* * *

SECTION 38. SECTION 2001-I OF THE ACT IS REPEALED:

[SECTION 2001-I. PUBLIC HIGHER EDUCATION FUNDING COMMISSION.

(A) ESTABLISHMENT.--THE PUBLIC HIGHER EDUCATION FUNDING

COMMISSION IS ESTABLISHED.

(B) DUTIES.--THE COMMISSION SHALL REVIEW AND MAKE

RECOMMENDATIONS RELATED TO HIGHER EDUCATION FUNDING,

AFFORDABILITY AND EFFECTIVENESS AND ADMINISTRATION AND

OPERATIONS AS PROVIDED IN THIS SECTION.

(1) THE COMMISSION SHALL CONSIST OF THE FOLLOWING

MEMBERS:

(I) THE CHAIR AND MINORITY CHAIR OF THE

APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIR AND

MINORITY CHAIR OF THE EDUCATION COMMITTEE OF THE SENATE.

(II) THE CHAIR AND MINORITY CHAIR OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES

AND THE CHAIR AND MINORITY CHAIR OF THE EDUCATION

COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(III) TWO LEGISLATORS FROM EACH OF THE FOUR

LEGISLATIVE CAUCUSES, TO BE APPOINTED BY THE PRESIDENT

PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF

REPRESENTATIVES IN CONSULTATION WITH THE MAJORITY LEADER

AND MINORITY LEADER OF THE SENATE AND THE MAJORITY LEADER

AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

(IV) THE SECRETARY OF EDUCATION.

(V) THE DEPUTY SECRETARY FOR POSTSECONDARY AND

HIGHER EDUCATION.

(VI) AN INDIVIDUAL FROM THE ADMINISTRATION APPOINTED

BY THE GOVERNOR.

20230SB0700PN1816 - 64 -

(2) THE COMMISSION SHALL APPOINT A MEMBER TO SERVE AS

CHAIR OF THE COMMISSION.

(D) MEETINGS.--

(1) THE COMMISSION SHALL HOLD ITS FIRST MEETING WITHIN

45 DAYS OF THE EFFECTIVE DATE OF THIS SECTION, REGARDLESS OF

WHETHER ALL LEGISLATIVE CAUCUSES HAVE APPROVED MEMBERS TO THE

COMMISSION.

(2) THE COMMISSION SHALL HOLD MEETINGS AT THE CALL OF

THE CHAIR.

(3) NOTWITHSTANDING PARAGRAPHS (1) AND (2), THE

COMMISSION MAY NOT CONVENE A MEETING UNTIL JANUARY 23, 2023.

(E) PAYMENTS TO MEMBERS.--THE MEMBERS MAY NOT RECEIVE

COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR ALL

NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED IN

CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF

THE COMMISSION.

(F) ADMINISTRATIVE SUPPORT.--THE GENERAL ASSEMBLY SHALL

PROVIDE ADMINISTRATIVE SUPPORT, MEETING SPACE AND ANY OTHER

ASSISTANCE REQUIRED BY THE COMMISSION TO CARRY OUT ITS DUTIES

UNDER THIS SECTION IN COOPERATION WITH THE DEPARTMENT. THE

DEPARTMENT SHALL PROVIDE THE COMMISSION WITH DATA, RESEARCH AND

OTHER INFORMATION UPON REQUEST BY THE COMMISSION.

(G) COOPERATION FROM PUBLIC INSTITUTIONS OF HIGHER EDUCATION

AND AGENCY.--THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND THE

AGENCY SHALL PROVIDE MEETING SPACE AND ANY OTHER ASSISTANCE

REQUIRED BY THE COMMISSION TO CARRY OUT ITS DUTIES UNDER THIS

SECTION. THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND THE

AGENCY SHALL PROVIDE THE COMMISSION WITH DATA, RESEARCH AND

OTHER INFORMATION UPON REQUEST OF THE CHAIRMAN.

(H) HIGHER EDUCATION FUNDING FORMULA.--THE COMMISSION SHALL

20230SB0700PN1816 - 65 -

DEVELOP A HIGHER EDUCATION FUNDING FORMULA AND IDENTIFY FACTORS

THAT MAY BE USED TO DETERMINE THE DISTRIBUTION OF FUNDING AMONG

THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION. THE FACTORS

IDENTIFIED UNDER THIS SUBSECTION MAY INCLUDE ALL OF THE

FOLLOWING:

(1) GOALS FOR HIGHER EDUCATION.

(2) GOALS FOR HIGHER EDUCATION COMPLETION AND

ATTAINMENT.

(3) THIS COMMONWEALTH'S HIGHER EDUCATION NEEDS.

(4) THE AFFORDABILITY OF HIGHER EDUCATION FOR RESIDENTS

OF THIS COMMONWEALTH.

(5) RESIDENT AND NONRESIDENT UNDERGRADUATE AND GRADUATE

ENROLLMENTS.

(6) GRADUATION RATES.

(7) RETENTION RATES.

(8) TIME TO DEGREE, INCLUDING ASSOCIATE'S DEGREES AND

BACHELOR'S DEGREES.

(9) COST PER DEGREE, INCLUDING TUITION AND FEES.

(10) OPERATIONAL COST PER FULL-TIME STUDENT.

(11) STUDENT DEBT, INCLUDING DEBT OF GRADUATES AND

NONCOMPLETERS.

(12) STUDENT FINANCIAL AID, INCLUDING PROGRAMS

ADMINISTERED BY THE AGENCY ON BEHALF OF THE COMMONWEALTH.

(13) JOB PLACEMENT AFTER GRADUATION.

(14) ENTRY LEVEL WAGES.

(15) DEGREES GRANTED IN OCCUPATIONS THAT WILL ALIGN WITH

THE COMMONWEALTH'S LONG-TERM ECONOMIC NEEDS.

(16) UTILIZATION OF EXISTING EDUCATIONAL PROGRAMS AND

FACILITIES.

(17) TRANSFER AND ARTICULATION OF CREDITS BETWEEN PUBLIC

20230SB0700PN1816 - 66 -

INSTITUTIONS OF HIGHER EDUCATION.

(18) INSTITUTIONAL MISSION, INCLUDING METRICS THAT

REFLECT DIFFERENCES IN THE MISSIONS BETWEEN INSTITUTIONS AND

THE DIFFERENCES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS.

(19) THE APPROPRIATE LEVEL OF RECURRING STATE SUPPORT TO

MAINTAIN OPERATIONS.

(20) THE APPROPRIATE LEVEL OF FORMULA-DRIVEN FUNDING TO

INCENTIVIZE SUCCESS.

(21) THE ACCESS, ENROLLMENT AND OUTCOMES OF

UNDERREPRESENTED POPULATIONS, INCLUDING, BUT NOT LIMITED TO,

LOW-INCOME STUDENTS, FIRST-GENERATION STUDENTS, RURAL

STUDENTS, ADULT STUDENTS, VETERANS AND STUDENTS OF COLOR.

(22) COMPARISONS OF THE FACTORS CONTAINED IN THIS

SECTION WITH THOSE FACTORS FOR PRIVATE INSTITUTIONS OF HIGHER

EDUCATION THAT ARE LOCATED INSIDE AND OUTSIDE THIS

COMMONWEALTH, WHEN AVAILABLE.

(23) OTHER FACTORS RELATED TO HIGHER EDUCATION AND THE

DISTRIBUTION OF HIGHER EDUCATION FUNDING THAT THE COMMISSION

DEEMS APPROPRIATE.

(I) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE

ALL OF THE FOLLOWING POWERS AND DUTIES:

(1) REVIEW AND MAKE FINDINGS AND RECOMMENDATIONS RELATED

TO HIGHER EDUCATION FUNDING IN THIS COMMONWEALTH.

(2) CONSULT WITH AND UTILIZE EXPERTS TO ASSIST THE

COMMISSION IN CARRYING OUT THE DUTIES UNDER THIS SUBSECTION.

(3) RECEIVE INPUT FROM INTERESTED PARTIES, INCLUDING,

BUT NOT LIMITED TO, PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

(4) HOLD PUBLIC HEARINGS IN DIFFERENT REGIONS OF THIS

COMMONWEALTH.

(5) REVIEW AND CONSIDER HIGHER EDUCATION FUNDING

20230SB0700PN1816 - 67 -

FORMULAS AND FACTORS UTILIZED THROUGHOUT THE UNITED STATES.

(6) IN IDENTIFYING THE HIGHER EDUCATION FUNDING FACTORS

UNDER SUBSECTION (H) AND IN COMPLETING THE REPORT REQUIRED

UNDER THIS SUBSECTION, CONSIDER THE IMPACT THESE FACTORS MAY

HAVE ON THE DISTRIBUTION OF HIGHER EDUCATION FUNDING AMONG

THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

(7) REVIEW THE ADMINISTRATION AND OPERATION OF STATE AND

REGIONAL HIGHER EDUCATION PROGRAMS AND SERVICES, INCLUDING

THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND THE AGENCY TO

DETERMINE IF COST SAVINGS FOR THE COMMONWEALTH AND ITS

STUDENTS MAY BE ACHIEVED AND MAKE RECOMMENDATIONS TO

IMPLEMENT SAVINGS AND EFFICIENCIES.

(8) REVIEW THE ADMINISTRATION AND OPERATIONS OF STATE

AND REGIONAL HIGHER EDUCATION PROGRAMS AND SERVICES,

INCLUDING THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND THE

AGENCY, AND MAKE RECOMMENDATIONS REGARDING ADMINISTRATION AND

OPERATIONS.

(9) PRIOR TO RECOMMENDING A HIGHER EDUCATION FUNDING

FORMULA UNDER THIS SECTION, CONSIDER THE POTENTIAL

CONSEQUENCES OF A HIGHER EDUCATION FUNDING FORMULA THAT DOES

NOT ALLOCATE TO EACH PUBLIC INSTITUTION OF HIGHER EDUCATION

AT LEAST THE SAME LEVEL OR PROPORTION OF STATE FUNDING AS THE

INSTITUTION RECEIVED IN THE PRIOR FISCAL YEAR.

(10) PRIOR TO RECOMMENDING A HIGHER EDUCATION FUNDING

FORMULA UNDER THIS SECTION, CONSIDER NATIONALLY ACCEPTED

ACCOUNTING AND BUDGETING STANDARDS.

(11) DEVELOP A PROPOSED HIGHER EDUCATION FUNDING FORMULA

AND FACTORS PURSUANT TO SUBSECTION (H).

(12) DRAFT PROPOSED LEGISLATION BASED ON THE

COMMISSION'S FINDINGS.

20230SB0700PN1816 - 68 -

(13) ISSUE A REPORT OF THE COMMISSION'S FINDINGS AND

RECOMMENDATIONS TO THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF

THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE

MAJORITY LEADER AND MINORITY LEADER OF THE SENATE, THE

MAJORITY LEADER AND MINORITY LEADER OF THE HOUSE OF

REPRESENTATIVES, THE SECRETARY OF EDUCATION, THE STATE BOARD

OF EDUCATION, THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE

EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE

OF THE HOUSE OF REPRESENTATIVES NOT LATER THAN OCTOBER 31,

2024.

(J) EFFECTIVE DATE OF HIGHER EDUCATION FUNDING FORMULA.--THE

HIGHER EDUCATION FUNDING FORMULA DEVELOPED BY THE COMMISSION

SHALL NOT GO INTO EFFECT UNLESS THE FORMULA IS APPROVED BY AN

ACT OF THE GENERAL ASSEMBLY ENACTED AFTER THE EFFECTIVE DATE OF

THIS SECTION.

(K) CONTINUATION OF COMMISSION.--EVERY FIVE YEARS THE

COMMISSION SHALL BE RECONSTITUTED IN ACCORDANCE WITH SUBSECTION

OPERATION OF THE HIGHER EDUCATION FUNDING PROVISIONS OF THIS

SECTION AND SHALL MAKE A FURTHER REPORT AND ISSUE THE REPORT TO

THE RECIPIENTS LISTED IN SUBSECTION (I)(13).

(L) LEVEL OF STATE FUNDING THROUGH APPROPRIATIONS.--THE

GENERAL ASSEMBLY SHALL, THROUGH THE ANNUAL APPROPRIATIONS

PROCESS, DETERMINE THE LEVEL OF STATE FUNDING FOR PUBLIC

INSTITUTIONS OF HIGHER EDUCATION.

(M) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AGENCY." THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE

20230SB0700PN1816 - 69 -

AGENCY.

"COMMISSION." THE PUBLIC HIGHER EDUCATION FUNDING COMMISSION

ESTABLISHED UNDER THIS SECTION.

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"PUBLIC INSTITUTION OF HIGHER EDUCATION." ANY OF THE

FOLLOWING:

(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A.

(2) A RURAL REGIONAL COLLEGE ESTABLISHED UNDER ARTICLE

XIX-G.

(3) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER

EDUCATION UNDER ARTICLE XX-A.

(4) A STATE-RELATED INSTITUTION AS DEFINED IN SECTION

2001-C.

(5) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.

(6) THE PENNSYLVANIA COLLEGE OF TECHNOLOGY.]

SECTION 39. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 2328. STATE AID FOR FISCAL YEAR 2024-2025.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,

EACH LIBRARY SUBJECT TO 24 PA.C.S. CH. 93 (RELATING TO PUBLIC

LIBRARY CODE) SHALL BE ELIGIBLE FOR STATE AID FOR FISCAL YEAR

2024-2025 AS FOLLOWS:

(1) FUNDS APPROPRIATED FOR LIBRARIES SHALL BE

DISTRIBUTED TO EACH LIBRARY UNDER THE FOLLOWING FORMULA:

(I) DIVIDE THE SUM OF THE AMOUNT OF FUNDING THE

LIBRARY RECEIVED IN FISCAL YEAR 2023-2024 UNDER SECTION

2327 BY THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2023-

2024.

(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY

THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2024-2025.

20230SB0700PN1816 - 70 -

(2) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR

STATE AID TO LIBRARIES UNDER PARAGRAPHS (1), ANY REMAINING

FUNDS MAY BE DISTRIBUTED AT THE DISCRETION OF THE STATE

LIBRARIAN.

(3) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN

FISCAL YEAR 2024-2025 ARE LESS THAN FUNDS APPROPRIATED IN

FISCAL YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE

STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93 (RELATING TO

PUBLIC LIBRARY CODE).

(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS

SUBSECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID

IN A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE

LIBRARY SYSTEM.

(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A

LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO

THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY

MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.

(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER

POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A

RESULT OF:

(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT

OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR

(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO

A COUNTY LIBRARY SYSTEM; FUNDING OF DISTRICT LIBRARY

CENTER AID SHALL BE PAID BASED ON THE POPULATION OF THE

NEWLY ESTABLISHED OR RECONFIGURED DISTRICT LIBRARY

CENTER.

(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM

ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT

OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY

20230SB0700PN1816 - 71 -

SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.

SECTION 40. SECTION 2502.8(B)(1) OF THE ACT IS AMENDED AND

THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 2502.8. PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN

CAREER AND TECHNICAL CURRICULUMS.--* * *

(B) * * *

(1) DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE DAILY

MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN AVERAGE

DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN AREA

CAREER AND TECHNICAL SCHOOLS BY TWENTY-ONE HUNDREDTHS (.21) AND

THE NUMBER OF STUDENTS IN AVERAGE DAILY MEMBERSHIP IN SCHOOL

DISTRICT AND CHARTER SCHOOL CAREER AND TECHNICAL CURRICULUMS BY

SEVENTEEN HUNDREDTHS (.17); EXCEPT:

(I) FOR THE 2021-2022 SCHOOL YEAR, DETERMINE THE INCREASE IN

THE WEIGHTED AVERAGE DAILY MEMBERSHIP BY MULTIPLYING THE NUMBER

OF STUDENTS IN AVERAGE DAILY MEMBERSHIP IN CAREER AND TECHNICAL

CURRICULUMS IN AREA CAREER AND TECHNICAL SCHOOLS BY TWO THOUSAND

TWO HUNDRED SEVENTY-SIX TEN THOUSANDTHS (.2276) AND THE NUMBER

OF STUDENTS IN AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICT AND

CHARTER SCHOOL CAREER AND TECHNICAL CURRICULUMS BY ONE THOUSAND

EIGHT HUNDRED FORTY-FOUR TEN THOUSANDTHS (.1844).

(II) FOR THE 2022-2023 SCHOOL YEAR [AND EACH FISCAL YEAR

THEREAFTER], DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE

DAILY MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN

AVERAGE DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN

AREA CAREER AND TECHNICAL SCHOOLS BY TWO THOUSAND SIX HUNDRED

SIXTY-EIGHT TEN THOUSANDTHS (.2668) AND THE NUMBER OF STUDENTS

IN AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICT AND CHARTER

SCHOOL CAREER AND TECHNICAL CURRICULUMS BY TWO THOUSAND ONE

HUNDRED SEVENTY-EIGHT TEN THOUSANDTHS (.2178).

20230SB0700PN1816 - 72 -

(III) FOR THE 2023-2024 SCHOOL YEAR AND EACH FISCAL YEAR

THEREAFTER, DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE DAILY

MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN AVERAGE

DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN AREA

CAREER AND TECHNICAL SCHOOLS BY TWO THOUSAND NINE HUNDRED NINETY

TEN THOUSANDTHS (.2990) AND THE NUMBER OF STUDENTS IN AVERAGE

DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN SCHOOL

DISTRICTS AND CHARTER SCHOOLS BY TWO THOUSAND FOUR HUNDRED

FORTY-ONE TEN THOUSANDTHS (.2441).

* * *

(G) THE DATA USED FOR THE CALCULATIONS UNDER THIS SECTION

SHALL BE BASED ON THE MOST RECENT YEARS FOR WHICH DATA IS

AVAILABLE AS DETERMINED BY THE DEPARTMENT OF EDUCATION AND BE

FIXED AS OF THE FIRST DAY OF JUNE PRECEDING THE SCHOOL YEAR IN

WHICH THE ALLOCATION OCCURS. DATA FIXED ON THE FIRST DAY OF JUNE

SHALL BE REVISED BY THE DEPARTMENT OF EDUCATION IF IT IS

SUBSEQUENTLY FOUND TO BE INCORRECT.

SECTION 41. SECTION 2502.53(A) AND (B) INTRODUCTORY

PARAGRAPH OF THE ACT ARE AMENDED TO READ:

SECTION 2502.53. STUDENT-WEIGHTED BASIC EDUCATION FUNDING

THROUGH 2022-2023 SCHOOL YEAR.--(A) THE GENERAL ASSEMBLY FINDS

AND DECLARES THAT THE STUDENT-WEIGHTED BASIC EDUCATION FUNDING

FORMULA IS THE RESULT OF THE WORK OF THE BASIC EDUCATION FUNDING

COMMISSION ESTABLISHED PURSUANT TO SECTION 123.

(B) FOR THE 2015-2016 SCHOOL YEAR [AND EACH SCHOOL YEAR

THEREAFTER] THROUGH THE 2022-2023 SCHOOL YEAR, EXCEPT THE 2019-

2020 SCHOOL YEAR WHICH SHALL BE GOVERNED BY SUBSECTION (B.1),

THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT A BASIC

EDUCATION FUNDING ALLOCATION WHICH SHALL CONSIST OF THE

FOLLOWING:

20230SB0700PN1816 - 73 -

* * *

SECTION 42. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 2502.56. STUDENT-WEIGHTED BASIC EDUCATION FUNDING

BEGINNING WITH 2023-2024 SCHOOL YEAR.--(A) THE GENERAL ASSEMBLY

FINDS AND DECLARES THAT THE STUDENT-WEIGHTED BASIC EDUCATION

FUNDING FORMULA IS THE RESULT OF THE WORK OF THE BASIC EDUCATION

FUNDING COMMISSION RECONSTITUTED UNDER SECTION 123(K).

(B) FOR THE 2023-2024 SCHOOL YEAR AND EACH SCHOOL YEAR

THEREAFTER, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT A

BASIC EDUCATION FUNDING ALLOCATION WHICH SHALL CONSIST OF THE

FOLLOWING:

(1) AN AMOUNT EQUAL TO THE SCHOOL DISTRICT'S BASIC EDUCATION

FUNDING ALLOCATION FOR THE 2022-2023 SCHOOL YEAR.

(2) A STUDENT-BASED ALLOCATION TO BE CALCULATED AS FOLLOWS:

(I) MULTIPLY THE SCHOOL DISTRICT'S STUDENT-WEIGHTED AVERAGE

DAILY MEMBERSHIP BY THE MEDIAN HOUSEHOLD INCOME INDEX AND LOCAL

EFFORT CAPACITY INDEX.

(II) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (I) BY THE

DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF

BASIC EDUCATION FUNDING TO SCHOOL DISTRICTS AND THE SUM OF THE

AMOUNTS APPROPRIATED FOR THE ALLOCATION IN PARAGRAPH (1) AND

SUBSECTION (C).

(III) DIVIDE THE PRODUCT IN SUBPARAGRAPH (II) BY THE SUM OF

THE PRODUCTS IN SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.

SUPPLEMENT AS FOLLOWS:

(1) FOR THE MOST RECENT FISCAL YEAR, FOR EACH SCHOOL

DISTRICT, MULTIPLY THE PRODUCT DETERMINED IN SUBSECTION (B)(2)

(I) BY THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF BASIC

EDUCATION FUNDING TO SCHOOL DISTRICTS UNDER SUBSECTION (B).

20230SB0700PN1816 - 74 -

(2) DIVIDE THE PRODUCT IN PARAGRAPH (1) BY THE SUM OF THE

PRODUCTS IN SUBSECTION (B)(2)(I).

(3) SUBTRACT THE AMOUNT ALLOCATED TO THE SCHOOL DISTRICT

UNDER SUBSECTION (B) FROM THE QUOTIENT IN PARAGRAPH (2).

(4) DETERMINE THE GREATER OF ZERO DOLLARS ($0) OR THE

DIFFERENCE CALCULATED UNDER PARAGRAPH (3).

(5) MULTIPLY THE AMOUNT DETERMINED IN PARAGRAPH (4) BY ZERO

DOLLARS ($0) EXCEPT AS FOLLOWS:

(I) FOR THE 2023-2024 SCHOOL YEAR, MULTIPLY THE AMOUNT

DETERMINED IN PARAGRAPH (4) BY SIXTY MILLION DOLLARS

($60,000,000).

(II) (RESERVED).

(6) DIVIDE THE PRODUCT IN PARAGRAPH (5) BY THE SUM OF THE

AMOUNTS DETERMINED IN PARAGRAPH (4).

(7) PAYMENTS MADE UNDER THIS SUBSECTION SHALL BE DEEMED TO BE

PART OF THE SCHOOL DISTRICT'S ALLOCATION AMOUNT UNDER SUBSECTION

(B)(1) FOR THE IMMEDIATELY SUCCEEDING SCHOOL YEAR AND EACH

SCHOOL YEAR THEREAFTER.

(D) FOR THE PURPOSE OF THIS SECTION:

(1) STUDENT-WEIGHTED AVERAGE DAILY MEMBERSHIP FOR A SCHOOL

DISTRICT SHALL BE THE SUM OF THE FOLLOWING:

(I) THE AVERAGE OF THE SCHOOL DISTRICT'S THREE MOST RECENT

YEARS' AVERAGE DAILY MEMBERSHIP.

(II) THE ACUTE POVERTY AVERAGE DAILY MEMBERSHIP CALCULATED

AS FOLLOWS:

(A) MULTIPLY THE SCHOOL DISTRICT'S ACUTE POVERTY PERCENTAGE

BY ITS AVERAGE DAILY MEMBERSHIP.

(B) MULTIPLY THE PRODUCT IN CLAUSE (A) BY SIX-TENTHS (0.6).

(III) THE POVERTY AVERAGE DAILY MEMBERSHIP CALCULATED AS

FOLLOWS:

20230SB0700PN1816 - 75 -

(A) MULTIPLY THE SCHOOL DISTRICT'S POVERTY PERCENTAGE BY ITS

AVERAGE DAILY MEMBERSHIP.

(B) MULTIPLY THE PRODUCT IN CLAUSE (A) BY THREE-TENTHS

(0.3).

(IV) THE CONCENTRATED POVERTY AVERAGE DAILY MEMBERSHIP FOR A

QUALIFYING SCHOOL DISTRICT WITH CONCENTRATED POVERTY TO BE

CALCULATED AS FOLLOWS:

(A) MULTIPLY THE SCHOOL DISTRICT'S ACUTE POVERTY PERCENTAGE

BY ITS AVERAGE DAILY MEMBERSHIP.

(B) MULTIPLY THE PRODUCT IN CLAUSE (A) BY THREE-TENTHS

(0.3).

(V) THE NUMBER OF THE SCHOOL DISTRICT'S LIMITED ENGLISH-

PROFICIENT STUDENTS MULTIPLIED BY SIX-TENTHS (0.6).

(VI) THE AVERAGE DAILY MEMBERSHIP FOR THE SCHOOL DISTRICT'S

STUDENTS ENROLLED IN CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS

MULTIPLIED BY TWO-TENTHS (0.2).

(VII) THE SPARSITY/SIZE ADJUSTMENT FOR QUALIFYING SCHOOL

DISTRICTS WITH A SPARSITY/SIZE RATIO GREATER THAN THE

SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH PERCENTILE

SPARSITY/SIZE RATIO FOR ALL SCHOOL DISTRICTS CALCULATED AS

FOLLOWS:

(A) DIVIDE THE SCHOOL DISTRICT'S SPARSITY/SIZE RATIO BY THE

SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH PERCENTILE

FOR ALL SCHOOL DISTRICTS.

(B) SUBTRACT ONE (1) FROM THE QUOTIENT IN CLAUSE (A).

(IV), (V) AND (VI) BY THE AMOUNT IN CLAUSE (B).

(D) MULTIPLY THE PRODUCT IN CLAUSE (C) BY SEVEN-TENTHS

(0.7).

(2) LOCAL EFFORT INDEX FOR A SCHOOL DISTRICT SHALL BE

20230SB0700PN1816 - 76 -

CALCULATED AS FOLLOWS:

(I) DETERMINE THE SCHOOL DISTRICT'S LOCAL EFFORT FACTOR

CALCULATED AS FOLLOWS:

(A) MULTIPLY THE SCHOOL DISTRICT'S MEDIAN HOUSEHOLD INCOME

BY ITS NUMBER OF HOUSEHOLDS.

(B) DIVIDE THE SCHOOL DISTRICT'S LOCAL TAX-RELATED REVENUE

BY THE PRODUCT IN CLAUSE (A).

(1,000).

(D) DIVIDE THE PRODUCT IN CLAUSE (C) BY THE STATEWIDE MEDIAN

OF CLAUSE (C).

(II) DETERMINE THE SCHOOL DISTRICT'S EXCESS SPENDING FACTOR,

TO BE CALCULATED AS FOLLOWS:

(A) DIVIDE THE SCHOOL DISTRICT'S CURRENT EXPENDITURES BY THE

SUM OF ITS AVERAGE DAILY MEMBERSHIP AND THE AMOUNTS IN PARAGRAPH

(1)(II), (III), (IV), (V), (VI) AND (VII).

(B) DIVIDE THE QUOTIENT IN CLAUSE (A) BY THE STATEWIDE

MEDIAN OF CLAUSE (A).

(III) MULTIPLY THE SCHOOL DISTRICT'S LOCAL EFFORT FACTOR BY

THE LESSER OF ONE (1) OR THE SCHOOL DISTRICT'S EXCESS SPENDING

FACTOR.

(3) LOCAL CAPACITY INDEX FOR A QUALIFYING SCHOOL DISTRICT

SHALL BE CALCULATED AS FOLLOWS:

(I) DIVIDE THE SCHOOL DISTRICT'S LOCAL TAX-RELATED REVENUE

BY THE SUM OF ITS MARKET VALUE AND PERSONAL INCOME VALUATION.

(II) MULTIPLY THE SUM OF THE SCHOOL DISTRICT'S MARKET VALUE

AND PERSONAL INCOME VALUATION BY THE STATEWIDE MEDIAN OF

SUBPARAGRAPH (I).

(III) DETERMINE THE SCHOOL DISTRICT'S LOCAL CAPACITY PER

20230SB0700PN1816 - 77 -

STUDENT BY DIVIDING THE PRODUCT IN SUBPARAGRAPH (II) BY THE SUM

OF ITS AVERAGE DAILY MEMBERSHIP AND THE AMOUNTS IN PARAGRAPH (1)

(II), (III), (IV), (V), (VI) AND (VII).

(IV) IF THE SCHOOL DISTRICT'S LOCAL CAPACITY PER STUDENT IS

LESS THAN THE STATEWIDE MEDIAN OF SUBPARAGRAPH (III):

(A) DIVIDE THE SCHOOL DISTRICT'S LOCAL CAPACITY PER STUDENT

BY THE STATEWIDE MEDIAN.

(B) SUBTRACT THE QUOTIENT IN CLAUSE (A) FROM ONE (1).

(4) LOCAL EFFORT CAPACITY INDEX FOR A SCHOOL DISTRICT SHALL

EQUAL THE SUM OF ITS LOCAL EFFORT INDEX AND LOCAL CAPACITY

INDEX.

(5) THE DATA USED TO CALCULATE THE FACTORS AND INDEXES IN

THIS SECTION SHALL BE BASED ON THE MOST RECENT YEARS FOR WHICH

DATA IS AVAILABLE AS DETERMINED BY THE DEPARTMENT OF EDUCATION

AND BE FIXED AS OF THE FIRST DAY OF JUNE PRECEDING THE SCHOOL

YEAR IN WHICH THE ALLOCATION OCCURS. DATA FIXED ON THE FIRST DAY

OF JUNE SHALL BE REVISED BY THE DEPARTMENT OF EDUCATION IF IT IS

SUBSEQUENTLY FOUND TO BE INCORRECT.

(E) FOR PURPOSES OF THIS SECTION:

(1) "ACUTE POVERTY PERCENTAGE" SHALL MEAN THE NUMBER OF

CHILDREN SIX (6) TO SEVENTEEN (17) YEARS OF AGE LIVING IN A

HOUSEHOLD WHERE THE RATIO OF INCOME TO POVERTY IS LESS THAN ONE

HUNDRED PERCENT (100%) OF THE FEDERAL POVERTY GUIDELINES DIVIDED

BY THE TOTAL NUMBER OF CHILDREN SIX (6) TO SEVENTEEN (17) YEARS

OF AGE AS DETERMINED BY THE AVERAGE OF THE THREE MOST RECENT

FIVE-YEAR ESTIMATES OF THE UNITED STATES CENSUS BUREAU'S

AMERICAN COMMUNITY SURVEY.

(2) "CURRENT EXPENDITURES" SHALL MEAN THE GENERAL FUND

EXPENDITURES IN FUNCTIONAL CLASSIFICATIONS OF INSTRUCTION,

SUPPORT SERVICES AND OPERATION OF NONINSTRUCTIONAL SERVICES.

20230SB0700PN1816 - 78 -

BEGINNING WITH THE 2016-2017 SCHOOL YEAR, "CURRENT EXPENDITURES"

SHALL MEAN THE GENERAL FUND EXPENDITURES IN FUNCTIONAL

CLASSIFICATIONS OF INSTRUCTION, SUPPORT SERVICES AND OPERATION

OF NONINSTRUCTIONAL SERVICES, MINUS GENERAL FUND REVENUES FOR

TUITION FROM PATRONS.

(3) "HOUSEHOLDS" SHALL MEAN THE NUMBER OF HOUSEHOLDS IN EACH

SCHOOL DISTRICT AS DETERMINED BY THE AVERAGE OF THE THREE MOST

RECENT FIVE-YEAR ESTIMATES OF THE UNITED STATES CENSUS BUREAU'S

AMERICAN COMMUNITY SURVEY.

(4) "MEDIAN HOUSEHOLD INCOME" SHALL MEAN THE MEDIAN

HOUSEHOLD INCOME FOR SCHOOL DISTRICTS AND THE STATE AS

DETERMINED BY THE AVERAGE OF THE THREE MOST RECENT FIVE-YEAR

ESTIMATES OF THE UNITED STATES CENSUS BUREAU'S AMERICAN

COMMUNITY SURVEY.

(5) "MEDIAN HOUSEHOLD INCOME INDEX" SHALL MEAN A NUMBER

CALCULATED AS FOLLOWS:

(I) DIVIDE A SCHOOL DISTRICT'S MEDIAN HOUSEHOLD INCOME BY

THE STATE MEDIAN HOUSEHOLD INCOME.

(II) DIVIDE ONE (1) BY THE QUOTIENT IN SUBPARAGRAPH (I).

(6) "POVERTY PERCENTAGE" SHALL MEAN THE NUMBER OF CHILDREN

SIX (6) TO SEVENTEEN (17) YEARS OF AGE LIVING IN A HOUSEHOLD

WHERE THE RATIO OF INCOME TO POVERTY IS BETWEEN ONE HUNDRED

PERCENT (100%) AND ONE HUNDRED EIGHTY-FOUR PERCENT (184%) OF THE

FEDERAL POVERTY GUIDELINES DIVIDED BY THE TOTAL NUMBER OF

CHILDREN SIX (6) TO SEVENTEEN (17) YEARS OF AGE AS DETERMINED BY

THE AVERAGE OF THE THREE MOST RECENT FIVE-YEAR ESTIMATES OF THE

UNITED STATES CENSUS BUREAU'S AMERICAN COMMUNITY SURVEY.

(7) "QUALIFYING SCHOOL DISTRICT WITH CONCENTRATED POVERTY"

SHALL MEAN A SCHOOL DISTRICT WHERE IN ANY OF THE THREE MOST

RECENT FIVE-YEAR ESTIMATES OF THE UNITED STATES CENSUS BUREAU'S

20230SB0700PN1816 - 79 -

AMERICAN COMMUNITY SURVEY THE NUMBER OF CHILDREN SIX (6) TO

SEVENTEEN (17) YEARS OF AGE LIVING IN A HOUSEHOLD WHERE THE

RATIO OF INCOME TO POVERTY IS LESS THAN ONE HUNDRED PERCENT

(100%) OF THE FEDERAL POVERTY GUIDELINES DIVIDED BY THE TOTAL

NUMBER OF CHILDREN SIX (6) TO SEVENTEEN (17) YEARS OF AGE IS

EQUAL TO OR GREATER THAN THIRTY PERCENT (30%).

(8) "SIZE RATIO" SHALL MEAN A NUMBER CALCULATED AS FOLLOWS:

(I) DIVIDE THE AVERAGE OF A SCHOOL DISTRICT'S THREE (3) MOST

RECENT YEARS' AVERAGE DAILY MEMBERSHIP BY THE STATEWIDE AVERAGE

OF THE THREE (3) MOST RECENT YEARS' AVERAGE DAILY MEMBERSHIP FOR

ALL SCHOOL DISTRICTS.

(II) MULTIPLY THE AMOUNT IN SUBPARAGRAPH (I) BY FIVE-TENTHS

(0.5).

(III) SUBTRACT THE AMOUNT IN SUBPARAGRAPH (II) FROM ONE (1).

(9) "SPARSITY RATIO" SHALL MEAN A NUMBER CALCULATED AS

FOLLOWS:

(I) DIVIDE THE AVERAGE OF A SCHOOL DISTRICT'S THREE (3) MOST

RECENT YEARS' AVERAGE DAILY MEMBERSHIP BY ITS TOTAL SQUARE MILES

AS REPORTED IN THE LATEST DECENNIAL CENSUS AS REPORTED BY THE

UNITED STATES CENSUS BUREAU.

(II) DIVIDE THE STATE TOTAL AVERAGE DAILY MEMBERSHIP BY THE

STATE TOTAL SQUARE MILES.

(III) DIVIDE THE QUOTIENT IN SUBPARAGRAPH (I) BY THE

QUOTIENT IN SUBPARAGRAPH (II).

(IV) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (III) BY FIVE-

TENTHS (0.5).

(V) SUBTRACT THE PRODUCT IN SUBPARAGRAPH (IV) FROM ONE (1).

(10) "SPARSITY/SIZE RATIO" SHALL MEAN A NUMBER CALCULATED BY

ADDING THE FOLLOWING AMOUNTS:

(I) THE SPARSITY RATIO MULTIPLIED BY FOUR-TENTHS (0.4).

20230SB0700PN1816 - 80 -

(II) THE SIZE RATIO MULTIPLIED BY SIX-TENTHS (0.6).

SECTION 43. SECTION 2505.1 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 2505.1. STATE REIMBURSEMENT FOR HEALTH SERVICES.--*

* * *

(B.2) (1) FROM MONEY APPROPRIATED FOR SCHOOL HEALTH

SERVICES, THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE

DEPARTMENT OF EDUCATION, MAY USE UP TO $3,000,000 TO AWARD

GRANTS FOR FEMININE HYGIENE PRODUCTS TO SCHOOL ENTITIES TO BE

PROVIDED TO STUDENTS AT NO EXPENSE. GRANTS SHALL BE AWARDED IN

AN AMOUNT THAT IS PROPORTIONAL TO THE NUMBER OF STUDENTS

ENROLLED IN A SCHOOL ENTITY.

(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM "SCHOOL

ENTITY" SHALL MEAN A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL

SCHOOL.

SECTION 44. SECTION 2509.1(C.2)(1) OF THE ACT, AMENDED

DECEMBER 13, 2023 (P.L.187, NO.33), IS AMENDED TO READ:

SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *

(C.2) THE FOLLOWING APPLY:

(1) FOR THE 2016-2017, 2017-2018, 2018-2019, 2019-2020,

2020-2021, 2021-2022, 2022-2023 AND 2023-2024 SCHOOL YEARS AND

EACH SCHOOL YEAR THEREAFTER, FIVE AND FIVE-TENTHS PERCENT (5.5%)

OF THE STATE SPECIAL EDUCATION APPROPRIATION SHALL BE PAID TO

INTERMEDIATE UNITS ON ACCOUNT OF SPECIAL EDUCATION SERVICES.

* * *

SECTION 45. SECTION 2510.3(A)(2) OF THE ACT, AMENDED

DECEMBER 13, 2023 (P.L.187, NO.33), AND DECEMBER 13, 2023

(P.L.311, NO.35), IS AMENDED TO READ:

SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO

20230SB0700PN1816 - 81 -

BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL

WATCH STATUS.--(A) THE FOLLOWING APPLY:

* * *

(2) FOR THE 2017-2018, 2018-2019, 2019-2020, 2020-2021,

2021-2022, 2022-2023 [AND], 2023-2024 AND 2024-2025 FISCAL

YEARS, THE DEPARTMENT OF EDUCATION MAY UTILIZE UP TO SEVEN

MILLION DOLLARS ($7,000,000) OF UNDISTRIBUTED FUNDS NOT

EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR

GRANTS, SUBSIDIES AND ASSESSMENTS MADE TO THE DEPARTMENT OF

EDUCATION TO ASSIST SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL

RECOVERY STATUS UNDER SECTION 621-A, IDENTIFIED FOR FINANCIAL

WATCH STATUS UNDER SECTION 611-A OR 694-A OR SUBJECT TO

OVERSIGHT DURING THE TRANSITION PERIOD UNDER SECTION 625-A. THE

FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF THE BUDGET TO A

RESTRICTED ACCOUNT AS NECESSARY TO MAKE PAYMENTS UNDER THIS

SECTION AND, WHEN TRANSFERRED, ARE HEREBY APPROPRIATED TO CARRY

OUT THE PROVISIONS OF THIS SECTION.

* * *

SECTION 46. SECTION 2591.1(C.1)(3) OF THE ACT IS AMENDED AND

THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 2591.1. COMMONWEALTH REIMBURSEMENTS FOR CHARTER

SCHOOLS AND CYBER CHARTER SCHOOLS.--* * *

(C.1) * * *

(3) FOR THE 2007-2008 SCHOOL YEAR [AND EACH SCHOOL YEAR

THEREAFTER] THROUGH THE 2010-2011 SCHOOL YEAR, THE PAYMENT

REQUIRED UNDER THIS SUBSECTION SHALL BE EQUAL TO FORTY-ONE AND

NINETY-SIX HUNDREDTHS PER CENTUM (41.96%) OF THE AMOUNT REQUIRED

UNDER SECTION 1725-A(A), WHERE THE SCHOOL DISTRICT HAS:

(I) 2007-2008 AVERAGE DAILY MEMBERSHIP OF RESIDENT STUDENTS

ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL APPROVED UNDER

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SECTION 1717-A OR 1718-A WHICH PROVIDES INSTRUCTION THROUGH THE

INTERNET OR OTHER ELECTRONIC MEANS OR A CYBER CHARTER SCHOOL AS

DEFINED UNDER ARTICLE XVII-A EQUAL TO OR GREATER THAN TWELVE PER

CENTUM (12%) OF THE SCHOOL DISTRICT'S 2007-2008 AVERAGE DAILY

MEMBERSHIP;

(II) A 2008-2009 MARKET VALUE/INCOME AID RATIO OF EQUAL TO

OR GREATER THAN SIX THOUSAND TEN THOUSANDTHS (.6000); AND

(III) MADE PAYMENTS EQUAL TO OR GREATER THAN ONE MILLION

DOLLARS ($1,000,000) AS REQUIRED UNDER SECTION 1725-A(A).

* * *

(E) FOR THE 2023-2024 SCHOOL YEAR AND EACH SCHOOL YEAR

THEREAFTER, USING THE MOST RECENTLY AVAILABLE DATA AS OF THE

FIRST DAY OF JUNE PRECEDING THE SCHOOL YEAR IN WHICH THE

ALLOCATION OCCURS, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL

DISTRICT WITH RESIDENT STUDENTS ENROLLED IN A CYBER CHARTER

SCHOOL, AS DEFINED UNDER ARTICLE XVII-A, AN AMOUNT EQUAL TO THE

FOLLOWING:

(1) MULTIPLY THE TUITION PAID TO CYBER CHARTER SCHOOLS AS

REPORTED BY THE SCHOOL DISTRICT ON IT'S MOST RECENTLY DUE ANNUAL

FINANCIAL REPORT'S TUITION SCHEDULE BY THE AMOUNT APPROPRIATED

FOR CYBER CHARTER TRANSITION.

(2) DIVIDE THE PRODUCT IN PARAGRAPH (1) BY THE SUM OF THE

TUITION PAID BY ALL SCHOOL DISTRICTS TO CYBER CHARTER SCHOOLS AS

REPORTED IN THE MOST RECENTLY DUE ANNUAL FINANCIAL REPORT'S

TUITION SCHEDULE.

SECTION 47. SECTION 2599 OF THE ACT IS REPEALED:

[SECTION 2599. ADMINISTRATIVE/INSTRUCTIONAL CONSOLIDATION

INCENTIVES.--(A) THE PURPOSE OF THIS SECTION IS TO ESTABLISH A

PROGRAM OF INCENTIVES TO SCHOOL ENTITIES TO ENCOURAGE GREATER

EFFICIENCY IN THE MANAGEMENT OF SCHOOLS AND THE CONSOLIDATION OF

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ADMINISTRATIVE AND INSTRUCTIONAL PROGRAMMING.

(B) ANY SCHOOL DISTRICT, AREA CAREER AND TECHNICAL SCHOOL,

INTERMEDIATE UNIT OR JOINT SCHOOL IS ELIGIBLE TO PARTICIPATE IN

THE CONSOLIDATION INCENTIVES PROGRAM AND SHALL BE CONSIDERED A

SCHOOL ENTITY FOR THE PURPOSES OF THIS SECTION.

PARTICIPATION OF TWO OR MORE SCHOOL ENTITIES. FUNDING WILL BE

PROVIDED FOR PROGRAMS WHICH ARE INITIATED AFTER JULY 1, 1998.

(D) (1) FUNDING WILL BE PROVIDED THROUGH A COMPETITIVE

REQUEST FOR PROPOSAL PROCESS. PROPOSALS WILL BE EVALUATED BY A

TEAM OF DEPARTMENT OF EDUCATION AND NONDEPARTMENT PERSONNEL. THE

EVALUATIONS WILL BE COMPLETED AND FUNDS AWARDED IN THE SECOND

SEMESTER OF THE SCHOOL YEAR FOLLOWING THE SUBMISSION OF A

PROPOSAL.

(2) FUNDS MAY BE AWARDED FOR TWO YEARS. SCHOOL ENTITIES MAY

BE AWARDED UP TO FIFTY PERCENT (50%) OF THE SAVINGS THE FIRST

YEAR. THE AWARD IN THE SECOND YEAR MAY BE UP TO ONE-HALF OF THE

AMOUNT OF THE FIRST YEAR'S AWARD.

(3) THE DEPARTMENT OF EDUCATION WILL ESTABLISH GENERAL

CRITERIA FOR QUALIFYING FOR THESE FUNDS:

(I) FOR RATING PURPOSES, SAVINGS WILL BE CALCULATED AS A

PERCENTAGE OF THE APPLICABLE PART OF THE BUDGETS OF THE ENTITIES

INVOLVED IN THE CONSOLIDATION;

(II) THE DEPARTMENT OF EDUCATION WILL ESTABLISH MULTIPLE

CATEGORIES TO ALLOW FOR AWARDS BASED ON THE SIZE AND VARIETY OF

PROPOSALS;

(III) AWARDS FOR CONSOLIDATION OF ADMINISTRATIVE SERVICES

MUST RESULT IN THE REDUCTION OF THE OVERALL ADMINISTRATIVE

COMPLEMENTS OF THE PARTICIPATING ENTITIES;

(IV) AWARDS FOR CONSOLIDATION OF INSTRUCTIONAL STAFF MUST

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RESULT IN THE REDUCTION OF THE OVERALL STAFFING COMPLEMENT OF

THE PARTICIPATING ENTITIES OR THE PARTICIPATING SCHOOL ENTITIES

NOT HIRING ADDITIONAL PERSONNEL.

(4) ALL DATA SUBMISSIONS FROM THE SCHOOL ENTITIES SHALL BE

SUBJECT TO AUDIT, AND ANY INCENTIVE PAYMENTS SUBSEQUENTLY

DETERMINED TO BE EXCESSIVE DUE TO INAPPROPRIATE DATA WILL BE

DEDUCTED FROM SUBSEQUENT BASIC EDUCATION FUNDING PAYMENTS.

(5) INCENTIVE FUNDS SHALL BE PAID TO SCHOOL ENTITIES FOR USE

IN CONSOLIDATED PROGRAMS.

(6) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO

SUPERSEDE OR PREEMPT ANY PROVISIONS OF A COLLECTIVE BARGAINING

AGREEMENT NEGOTIATED BY A SCHOOL DISTRICT, INTERMEDIATE UNIT OR

AREA CAREER AND TECHNICAL SCHOOL AND THE EMPLOYE ORGANIZATION

THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.]

SECTION 48. SECTION 2599.6(B), (C), (D) AND (E) OF THE ACT

ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO

READ:

SECTION 2599.6. READY-TO-LEARN BLOCK GRANT.--* * *

(A.5) FOR THE 2024-2025 SCHOOL YEAR AND EACH SCHOOL YEAR

THEREAFTER, EACH SCHOOL ENTITY SHALL RECEIVE A READY-TO-LEARN

BLOCK GRANT FOUNDATION AMOUNT NOT LESS THAN THE AMOUNT ALLOCATED

OR AWARDED TO THE SCHOOL ENTITY FROM THE APPROPRIATION FOR THE

READY-TO-LEARN BLOCK GRANT DURING THE IMMEDIATELY PRECEDING

SCHOOL YEAR.

(A.6) THE COMMONWEALTH SHALL PAY AN ADEQUACY SUPPLEMENT FROM

THE READY-TO-LEARN BLOCK GRANT APPROPRIATION AS FOLLOWS:

(1) FOR THE 2024-2025 SCHOOL YEAR:

(I) MULTIPLY THE AMOUNT DETERMINED IN SUBSECTION (F)(1) BY

$493,798,000.

(II) DIVIDE THE PRODUCT IN SUBPARAGRAPH (I) BY THE SUM OF

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THE AMOUNTS DETERMINED IN SUBSECTION (F)(1).

(2) (RESERVED).

(A.7) THE COMMONWEALTH SHALL PAY A TAX EQUITY SUPPLEMENT

FROM THE READY-TO-LEARN BLOCK GRANT APPROPRIATION AS FOLLOWS:

(1) FOR THE 2024-2025 SCHOOL YEAR:

(I) MULTIPLY THE AMOUNT DETERMINED IN SUBSECTION (G)(1) BY

$32,202,000.

(II) DIVIDE THE PRODUCT IN SUBPARAGRAPH (I) BY THE SUM OF

THE AMOUNTS DETERMINED IN (G)(1).

(2) (RESERVED).

(A.8) NO SCHOOL DISTRICT THAT RECEIVES FUNDING UNDER

SUBSECTIONS (A.6) OR (A.7) SHALL SEEK A REFERENDUM EXCEPTION

UNDER SECTION 333 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS.,

P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT, FOR THE 2025-

2026 SCHOOL YEAR.

(B) [FUNDING] (1) EXCEPT AS PROVIDED IN SUBSECTION (G)(3),

FUNDING RECEIVED BY A SCHOOL ENTITY UNDER [THIS SECTION]

SUBSECTIONS (A.5) AND (A.6) SHALL BE USED [IN ACCORDANCE WITH

THE PROVISIONS CONTAINED IN SECTIONS 2599.2 AND 1722-J(21)(V) OF

THE FISCAL CODE AND MAY BE USED FOR INTEGRATED STUDENT

SUPPORTS.] TO ESTABLISH, MAINTAIN OR EXPAND ANY OF THE FOLLOWING

PROGRAMS OR ACTIVITIES:

(I) PROGRAMS OR ACTIVITIES THAT FOCUS ON HIGH-QUALITY

ACADEMICS, INCLUDING ANY OF THE FOLLOWING:

(A) A QUALITY PRE-KINDERGARTEN PROGRAM ALIGNED WITH THE

CURRENT ACADEMIC STANDARDS CONTAINED IN 22 PA. CODE CH. 4

(RELATING TO ACADEMIC STANDARDS AND ASSESSMENT).

(B) A QUALITY FULL-DAY KINDERGARTEN PROGRAM ALIGNED WITH THE

CURRENT ACADEMIC STANDARDS CONTAINED IN 22 PA. CODE CH. 4.

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PROGRAM SHALL APPOINT AND ASSIGN A MINIMUM OF ONE TEACHER FOR

EVERY SEVENTEEN (17) STUDENTS OR TWO TEACHERS FOR EVERY THIRTY-

FIVE (35) STUDENTS ENROLLED IN A KINDERGARTEN, FIRST, SECOND OR

THIRD GRADE CLASSROOM. ALL TEACHERS APPOINTED AND ASSIGNED TO

TEACH KINDERGARTEN, FIRST, SECOND OR THIRD GRADE SHALL BE

CERTIFIED IN ACCORDANCE WITH 22 PA. CODE CH. 49 (RELATING TO

CERTIFICATION OF PROFESSIONAL PERSONNEL) OR ITS SUCCESSORS. THE

DEPARTMENT SHALL ESTABLISH GUIDELINES TO ASSURE THAT NO SCHOOL

DISTRICT SATISFIES THE REQUIREMENTS OF THIS CLAUSE BY MAKING A

REDUCTION IN, AND SUBSEQUENT INCREASE TO, CURRENT TEACHER

COMPLEMENT. FOR PURPOSES OF THIS CLAUSE, THE PHRASE "ONE TEACHER

FOR EVERY SEVENTEEN (17) STUDENTS OR TWO TEACHERS FOR EVERY

THIRTY-FIVE (35) STUDENTS ENROLLED IN A KINDERGARTEN, FIRST,

SECOND OR THIRD GRADE CLASSROOM" SHALL REFER TO THE NUMBER OF

TEACHERS CONDUCTING A CLASS AT ANY ONE TIME IN A CLASSROOM

CONTAINING THE APPLICABLE NUMBER OF STUDENTS.

(D) PROGRAMS THAT IMPROVE THE ACADEMIC PERFORMANCE OF

STUDENTS.

(E) PROGRAMS TO ASSIST IN THE BUILDING OF STRONG SCIENCE,

TECHNOLOGY, ENGINEERING AND MATH AND APPLIED-KNOWLEDGE SKILLS.

(F) PROGRAMS FOR HIGH-QUALITY CONTINUING PROFESSIONAL

EDUCATION THAT MAY INCLUDE ANY OF THE FOLLOWING: TRAINING IN

MATHEMATICS, SCIENCE AND STRUCTURED LITERACY CURRICULUM AND

INSTRUCTIONAL STRATEGIES AND RESOURCES; TRAINING IN SCHOOL-WIDE

IMPROVEMENT PLANNING; ANALYSIS OF STUDENT ACHIEVEMENT DATA,

INCLUDING STUDENT WORK AND THE IMPLICATIONS FOR CLASSROOM

PRACTICE; OBSERVING AND STUDYING EXEMPLARY SCHOOL AND CLASSROOM

PRACTICES; IMPLEMENTING SCHOOL-WIDE PROGRAMS AND CLASSROOM

MANAGEMENT STRATEGIES DESIGNED TO IMPROVE STUDENT CONDUCT; USING

TECHNOLOGY TO BOOST STUDENT ACHIEVEMENT; CONDUCTING TRANSITION

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PLANNING AND CURRICULUM ALIGNMENT ACROSS SCHOOLS AND GRADE

LEVELS; OR IMPLEMENTING SECONDARY STRATEGIES TO INCREASE STUDENT

ENGAGEMENT AND PERSONALIZE LEARNING.

(G) EVIDENCE-BASED READING INSTRUCTION CONSISTENT WITH

STRUCTURED LITERACY, INCLUDING ASSOCIATED PROFESSIONAL

DEVELOPMENT, UNIVERSAL READING SCREENERS AND CURRICULUM

DEVELOPMENT AND IMPLEMENTATION.

(H) MATH AND LITERACY PROGRAMS, INCLUDING COACHES,

SPECIALISTS OR OTHER EDUCATION SUPPORT PROFESSIONALS, WITHIN

SCHOOLS TO IMPROVE MATH AND READING INSTRUCTION.

(I) FINANCIAL INCENTIVES TO ENCOURAGE PROFESSIONAL STAFF

MEMBERS TO WORK IN SCHOOLS THAT ATTRACT FEW TEACHERS OR HAVE A

HIGH RATE OF OPEN TEACHING POSITIONS, TO AID IN THE RECRUITMENT

OF CERTIFICATED TEACHERS TO WORK IN THOSE SCHOOLS IN A SCHOOL

DISTRICT OR TO INCREASE PARTICIPATION IN EDUCATION-RELATED JOBS,

INCLUDING OUTREACH EFFORTS TO COMMUNITIES THAT HAVE LOW

PARTICIPATION IN THE EDUCATOR WORKFORCE.

(J) MATERIALS OR EXTENDED SERVICE HOURS FOR SCHOOL LIBRARIES

OR HIRING CERTIFIED SCHOOL LIBRARIANS.

(K) WORK-BASED OR EXPERIENTIAL LEARNING AND CAREER READINESS

PROGRAMS, INCLUDING PRE-APPRENTICESHIPS, INTERNSHIPS,

POSTSECONDARY CREDITS, INDUSTRY-RECOGNIZED CREDENTIALS, OTHER

PATHWAYS TO GRADUATION AND COLLEGE AND CAREER PATHWAYS.

(L) PROGRAMS FOR INSTRUCTION ON WORLD LANGUAGES, EITHER IN

IMMERSION CLASSROOMS OR AS SEPARATE PERIODS OF INSTRUCTION.

(M) PROGRAMS TO STRENGTHEN HIGH SCHOOL CURRICULA BY CREATING

RIGOROUS COLLEGE AND CAREER PREPARATORY PROGRAMS; INCREASING

ACADEMIC ACHIEVEMENT; OFFERING ADDITIONAL ADVANCED PLACEMENT

COURSES, INCLUDING ADVANCED PLACEMENT AND INTERNATIONAL

BACCALAUREATE DUAL CREDIT COURSES; PROVIDING SCHOOL-BASED

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COUNSELING; AND PROVIDING PROFESSIONAL DEVELOPMENT.

(N) CAREER AND TECHNICAL EDUCATION PROGRAMS ALIGNED TO

INDUSTRY CREDENTIALS AND OCCUPATIONS THAT EARN A FAMILY-

SUSTAINING WAGE, INCLUDING PROGRAMS THAT LEAD TO CAREERS IN

EDUCATION.

(II) PROGRAMS OR ACTIVITIES THAT FOSTER SUPPORTIVE LEARNING

ENVIRONMENTS, INCLUDING ANY OF THE FOLLOWING:

(A) STUDENT SERVICES INFRASTRUCTURE AS IDENTIFIED IN 22 PA.

CODE CH. 12 (RELATING TO STUDENTS AND STUDENT SERVICES),

INCLUDING ADEQUATE STAFFING AND PROGRAMS FACILITATED BY

CERTIFIED STUDENT SERVICES PROFESSIONALS.

(B) PROGRAMS OR ACTIVITIES THAT PROMOTE THE AVAILABILITY,

COORDINATION, INTEGRATION AND UTILIZATION OF PHYSICAL AND MENTAL

HEALTH SERVICES, ASSOCIATED RESOURCES AND ANCILLARY RESOURCES TO

MEET THE NEEDS OF CHILDREN AND FAMILIES IN ADDRESSING ISSUES

THAT MAY SERVE TO LIMIT STUDENT ACADEMIC ACHIEVEMENT, INCLUDING

SCHOOL ATTENDANCE AND ENGAGEMENT.

EDUCATIONAL INSTABILITY IN ACCORDANCE WITH SECTION 1331.1.

(D) PROGRAMS OR ACTIVITIES THAT PROVIDE TARGETED SUPPORT FOR

ENGLISH LEARNERS, INCLUDING LANGUAGE INSTRUCTION PROGRAMS,

CURRICULUM RESOURCES, TRANSLATION AND INTERPRETATION SERVICES

AND ANY OTHER ACTIVITIES TO SUPPORT ENGLISH LEARNERS.

(E) PROGRAMS OR ACTIVITIES THAT INCREASE INCLUSION FOR

STUDENTS WITH DISABILITIES TO BE EDUCATED ALONGSIDE THEIR

NONDISABLED PEERS IN ACCORDANCE WITH 20 U.S.C. CH. 33 (RELATING

TO EDUCATION OF INDIVIDUALS WITH DISABILITIES), 29 U.S.C. § 794

(RELATING TO NONDISCRIMINATION UNDER FEDERAL GRANTS AND

PROGRAMS) AND 22 PA. CODE CHS. 14 (RELATING TO SPECIAL EDUCATION

SERVICES AND PROGRAMS) AND 15 (RELATING TO PROTECTED HANDICAPPED

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STUDENTS).

(F) TUTORING PROGRAMS FOR STUDENTS IDENTIFIED WITH LOW

ACADEMIC PERFORMANCE IN MATH OR READING AT THE END OF EACH

MARKING PERIOD. THE TUTORING PROGRAM SHALL INCLUDE SMALL GROUP

SIZES AND TUTORING SERVICES SHALL BE PROVIDED BY A CERTIFIED

TEACHER OR A PARAPROFESSIONAL.

(G) REMEDIATION AND AFTER-SCHOOL PROGRAMS, INCLUDING

PROJECT-BASED AFTER-SCHOOL PROGRAMS OFFERING HOMEWORK ASSISTANCE

AND ACADEMIC SUPPORTS FROM CERTIFIED TEACHERS IN READING, MATH,

SCIENCE AND OTHER SUBJECT AREAS TO STUDENTS IN KINDERGARTEN

THROUGH GRADE TWELVE, AND TRANSITION AND SKILL DEVELOPMENT

ASSISTANCE FOR PRE-KINDERGARTEN AND KINDERGARTEN STUDENTS.

(III) PROGRAMS OR ACTIVITIES THAT ESTABLISH AND PROMOTE

DATA-INFORMED DECISION MAKING AND EVIDENCE-BASED PRACTICES TO

IMPROVE EDUCATIONAL OUTCOMES FOR STUDENTS.

(IV) PROGRAMS OR ACTIVITIES THAT DESIGN A SYSTEM OF

MULTITIERED SUPPORTS, INCLUDING ANY OF THE FOLLOWING:

(A) DEVELOPING A MULTITIERED SYSTEM OF SUPPORTS TO IDENTIFY

AND ASSIST STUDENTS WITH ACADEMIC OR BEHAVIORAL NEEDS.

(B) NOTWITHSTANDING THE PROVISIONS OF ARTICLE XV-C,

PROVIDING TUTORING ASSISTANCE DURING THE NORMAL SCHOOL DAY AND

HOURS OF THE SCHOOL DISTRICT, IF THE TUTORING IS IN ADDITION TO

AND DOES NOT INTERFERE WITH A STUDENT'S REGULARLY SCHEDULED

CLASSROOM INSTRUCTION TIMES AND DOES NOT SUPPLANT SERVICES

REQUIRED IN A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM.

(D) SUMMER LEARNING PROGRAMS.

(E) CREDIT RECOVERY PROGRAMS.

(2) (RESERVED).

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ELIGIBLE TO RECEIVE FUNDING UNDER THIS SECTION, EACH SCHOOL

ENTITY SHALL SUBMIT A PLAN FOR APPROVAL TO THE DEPARTMENT

OUTLINING HOW THE FUNDING WILL BE USED.

(2) WITHIN 30 DAYS OF NOTICE OF FUNDING ON A FORM DEVELOPED

BY THE DEPARTMENT, A SCHOOL DISTRICT SHALL INDICATE HOW IT

INTENDS TO USE FUNDING ON PROGRAMS OR ACTIVITIES TO IMPROVE

STUDENT ACADEMIC PROGRESS.

(3) BEGINNING IN THE 2024-2025 FISCAL YEAR, WITHIN 60 DAYS

AFTER THE CONCLUSION OF A SCHOOL YEAR IN WHICH A SCHOOL DISTRICT

RECEIVED MONEY UNDER SUBSECTION (A.5) OR (A.6), THE SCHOOL

DISTRICT SHALL SUBMIT TO THE DEPARTMENT OF EDUCATION IN A FORM

AND MANNER DETERMINED BY THE DEPARTMENT OF EDUCATION A REPORT

SUMMARIZING HOW THE MONEY RECEIVED UNDER SUBSECTION (A.5) OR

(A.6) WAS USED IN ACCORDANCE WITH THE ALLOWABLE USES UNDER

SUBSECTION (B). THE INFORMATION IN THE REPORT SHALL AT A

MINIMUM:

(I) INDICATE THE AMOUNT OF FUNDS EXPENDED ON PROGRAMS OR

ACTIVITIES TO IMPROVE STUDENT ACADEMIC PROGRESS PROGRAMS OR

ACTIVITIES.

(II) IDENTIFY WHETHER THE FUNDS WERE USED TO ESTABLISH,

MAINTAIN OR EXPAND THE PROGRAMS OR ACTIVITIES TO IMPROVE STUDENT

ACADEMIC PROGRESS.

(III) DESCRIBE HOW THE PROGRAMS OR ACTIVITIES FOR WHICH THE

FUNDS WERE USED IMPROVED STUDENT ACADEMIC PROGRESS.

(3) THE DEPARTMENT OF EDUCATION SHALL PUBLISH THE REPORTS

SUBMITTED UNDER PARAGRAPH (2) ON THE DEPARTMENT OF EDUCATION'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(D) (1) THE AMOUNT EQUAL TO THE REVENUES RECEIVED BY A

SCHOOL DISTRICT UNDER [SUBSECTION (A)(2)] SUBSECTIONS (A)(2) AND

(A.7), INCLUDING PAYMENTS MADE UNDER SUBSECTION (A.7) THAT HAVE

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BEEN DEEMED TO BE PART OF THE SCHOOL DISTRICT'S READY-TO-LEARN

BLOCK GRANT FOUNDATION AMOUNT UNDER SUBSECTION (A.5), SHALL NOT

BE INCLUDED IN THE SCHOOL DISTRICT'S BUDGETED TOTAL EXPENDITURE

PER AVERAGE DAILY MEMBERSHIP USED TO CALCULATE THE AMOUNT TO BE

PAID TO A CHARTER SCHOOL UNDER SECTION 1725-A(A)(2) AND (3).

(2) NOTWITHSTANDING SUBSECTION (B), A SCHOOL DISTRICT MAY

SPEND THE MONEY RECEIVED UNDER SUBSECTIONS (A.5) AND (A.6) ON

INCREASED CHARTER SCHOOL TUITION COSTS.

(E) [FOR THE PURPOSES OF THIS SECTION, A "SCHOOL ENTITY"

SHALL BE A SCHOOL DISTRICT, CHARTER SCHOOL, CYBER CHARTER SCHOOL

OR REGIONAL CHARTER SCHOOL.] (1) THE DATA USED TO CALCULATE THE

FACTORS UNDER SUBSECTIONS (F) AND (G) SHALL BE BASED ON THE MOST

RECENT DATA THAT WAS AVAILABLE AS OF JUNE 1, 2023, ALLOWING FOR

CORRECTIONS AND REVISIONS AS DETERMINED BY THE DEPARTMENT.

(2) STUDENT-WEIGHTED AVERAGE DAILY MEMBERSHIP FOR A SCHOOL

DISTRICT SHALL BE THE SUM OF THE FOLLOWING:

(I) THE STUDENT-WEIGHTED AVERAGE DAILY MEMBERSHIP CALCULATED

FOR THE 2022-2023 SCHOOL YEAR UNDER SECTION 2502.53(C)(1).

(II) THE WEIGHTED SPECIAL EDUCATION STUDENT HEADCOUNT

CALCULATED AS THE SUM OF THE FOLLOWING:

(A) THE MOST RECENT THREE-YEAR AVERAGE OF THE NUMBER OF

SPECIAL EDUCATION STUDENTS WHO RESIDE IN THE SCHOOL DISTRICT FOR

WHICH THE ANNUAL EXPENDITURE IS IN CATEGORY 1 IN ACCORDANCE WITH

SECTION 2509.5 MULTIPLIED BY SIXTY-FOUR HUNDREDTHS (0.64).

(B) THE MOST RECENT THREE-YEAR AVERAGE OF THE NUMBER OF

SPECIAL EDUCATION STUDENTS WHO RESIDE IN THE SCHOOL DISTRICT FOR

WHICH THE ANNUAL EXPENDITURE IS IN CATEGORY 2 IN ACCORDANCE WITH

SECTION 2509.5 MULTIPLIED BY FOUR AND THREE HUNDREDTHS (4.03).

SPECIAL EDUCATION STUDENTS WHO RESIDE IN THE SCHOOL DISTRICT FOR

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WHICH THE ANNUAL EXPENDITURE IS IN CATEGORY 3 IN ACCORDANCE WITH

SECTION 2509.5 MULTIPLIED BY NINE AND THIRTY-SEVEN HUNDREDTHS

(9.37).

(3) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS PARAGRAPH:

"CURRENT EXPENDITURES" SHALL HAVE THE SAME MEANING AS IN

SECTION 2502.53.

"LOCAL EFFORT RATE" SHALL MEAN A SCHOOL DISTRICT'S LOCAL TAX-

RELATED REVENUE DIVIDED BY THE SUM OF ITS MARKET VALUE AND

PERSONAL INCOME VALUATION.

"LOCAL TAX-RELATED REVENUE" SHALL HAVE THE SAME MEANING AS IN

SECTION 2502.53.

(F) THE PROVISIONS IN THIS SUBSECTION RELATE TO THE ADEQUACY

SUPPLEMENT. THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT SHALL CALCULATE AN ADEQUACY GAP FOR EACH

SCHOOL DISTRICT AS FOLLOWS:

(I) FOR EACH SCHOOL DISTRICT, MULTIPLY $14,120 BY THE SCHOOL

DISTRICT'S STUDENT-WEIGHTED AVERAGE DAILY MEMBERSHIP CALCULATED

UNDER SUBSECTION (E)(2).

(II) SUBTRACT THE SCHOOL DISTRICT'S CURRENT EXPENDITURES

FROM THE AMOUNT CALCULATED FOR THE SCHOOL DISTRICT UNDER

SUBPARAGRAPH (I).

(III) DETERMINE THE GREATER OF $0 OR THE DIFFERENCE

CALCULATED UNDER SUBPARAGRAPH (II).

(IV) SUBTRACT THE ADEQUACY ADJUSTMENT UNDER PARAGRAPH (3)

FROM THE AMOUNT DETERMINED IN SUBPARAGRAPH (III).

(V) ADD THE POVERTY ADJUSTMENT UNDER PARAGRAPH (4) TO THE

DIFFERENCE IN SUBPARAGRAPH (IV).

(2) THE DEPARTMENT SHALL DETERMINE THE FOLLOWING:

(I) THE LOCAL EFFORT RATE THAT REPRESENTS THE THIRTY-THIRD

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PERCENTILE LOCAL EFFORT RATE FOR ALL SCHOOL DISTRICTS.

(II) THE LOCAL EFFORT RATE THAT REPRESENTS THE SIXTY-SIXTH

PERCENTILE LOCAL EFFORT RATE FOR ALL SCHOOL DISTRICTS.

(3) THE DEPARTMENT SHALL CALCULATE AN ADEQUACY ADJUSTMENT

FOR THE PURPOSE UNDER PARAGRAPH (1)(IV) FOR EACH SCHOOL DISTRICT

AS FOLLOWS:

(I) FOR A SCHOOL DISTRICT THAT MEETS ALL OF THE FOLLOWING

CRITERIA, SUBPARAGRAPH (II) SHALL APPLY:

(A) HAS AN AMOUNT GREATER THAN $0 UNDER PARAGRAPH (1)(II).

(B) HAS A LOCAL EFFORT RATE LESS THAN THE AMOUNT DETERMINED

UNDER PARAGRAPH (2)(I).

MEMBERSHIP LESS THAN 10%.

(II) THE ADEQUACY ADJUSTMENT SHALL BE CALCULATED AS FOLLOWS:

(A) MULTIPLY THE AMOUNT DETERMINED IN PARAGRAPH (2)(I) BY

THE SUM OF THE SCHOOL DISTRICT'S MARKET VALUE AND PERSONAL

INCOME.

(B) SUBTRACT THE SCHOOL DISTRICT'S LOCAL TAX-RELATED REVENUE

FROM THE SCHOOL DISTRICT'S PRODUCT IN CLAUSE (A).

(III) FOR A SCHOOL DISTRICT THAT MEETS ALL OF THE FOLLOWING

CRITERIA, SUBPARAGRAPH (IV) SHALL APPLY:

(A) HAS AN AMOUNT GREATER THAN $0 UNDER PARAGRAPH (1)(II).

(B) HAS A LOCAL EFFORT RATE LESS THAN THE AMOUNT DETERMINED

UNDER PARAGRAPH (2)(II).

MEMBERSHIP GREATER THAN OR EQUAL TO 10%.

(D) HAS A LOCAL CAPACITY PER STUDENT UNDER SECTION

2502.53(C)(3)(III) ABOVE THE STATEWIDE MEDIAN OF ALL SCHOOL

DISTRICTS UNDER SECTION 2502.53(C)(3)(III).

(IV) THE ADEQUACY ADJUSTMENT SHALL BE CALCULATED AS FOLLOWS:

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(A) MULTIPLY THE AMOUNT DETERMINED IN PARAGRAPH (2)(II) BY

THE SUM OF THE SCHOOL DISTRICT'S MARKET VALUE AND PERSONAL

INCOME.

(B) SUBTRACT THE SCHOOL DISTRICT'S LOCAL TAX-RELATED REVENUE

FROM THE SCHOOL DISTRICT'S PRODUCT IN CLAUSE (A).

(V) FOR ALL OTHER SCHOOL DISTRICTS THAT DO NOT MEET THE

CRITERIA IN SUBPARAGRAPH (I) OR (III), THE ADEQUACY ADJUSTMENT

SHALL BE 0.

(4) THE POVERTY ADJUSTMENT FOR THE PURPOSE UNDER PARAGRAPH

(1)(V) SHALL BE AS FOLLOWS:

(I) $14,400,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY OF

THE SECOND CLASS A WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 7,035 AND LESS THAN 7,040 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $140,000,000.

(II) $2,000,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY OF

THE THIRD CLASS WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 1,615 AND LESS THAN 1,620 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $30,000,000.

(III) $4,800,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY

OF THE THIRD CLASS WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 2,352 AND LESS THAN 2,357 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $40,000,000.

(IV) $2,400,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY OF

THE SECOND CLASS A WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 3,390 AND LESS THAN 3,395 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $70,000,000.

(V) $4,000,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY OF

THE SECOND CLASS WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 4,445 AND LESS THAN 4,450 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $100,000,000.

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(VI) $10,000,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY

OF THE SECOND CLASS A WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 4,695 AND LESS THAN 4,700 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $100,000,000.

(VII) $17,600,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY

OF THE SECOND CLASS A WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 8,410 AND LESS THAN 8,415 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $160,000,000.

(VIII) $9,600,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY

OF THE SECOND CLASS A WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 5,590 AND LESS THAN 5,595 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $110,000,000.

(IX) $19,200,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY

OF THE THIRD CLASS WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 8,495 AND LESS THAN 8,500 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $125,000,000.

(X) $20,000,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY OF

THE THIRD CLASS WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 10,120 AND LESS THAN 10,125 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $160,000,000.

(XI) $24,000,000 FOR A SCHOOL DISTRICT LOCATED IN A COUNTY

OF THE SECOND CLASS A WITH A 2021-2022 ADJUSTED AVERAGE DAILY

MEMBERSHIP GREATER THAN 10,180 AND LESS THAN 10,185 AND A 2021-

2022 CURRENT EXPENDITURE OF LESS THAN $230,000,000.

(G) THE PROVISIONS IN THIS SUBSECTION RELATE TO THE TAX

EQUITY SUPPLEMENT. THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT SHALL CALCULATE A TAX EQUITY GAP FOR EACH

SCHOOL DISTRICT AS FOLLOWS:

(I) THE DEPARTMENT SHALL DETERMINE THE LOCAL EFFORT RATE

THAT REPRESENTS THE NINETIETH PERCENTILE LOCAL EFFORT RATE FOR

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ALL SCHOOL DISTRICTS.

(II) MULTIPLY THE AMOUNT DETERMINED IN SUBPARAGRAPH (I) BY

THE SUM OF THE SCHOOL DISTRICT'S MARKET VALUE AND PERSONAL

INCOME.

(III) SUBTRACT THE SCHOOL DISTRICT'S PRODUCT IN SUBPARAGRAPH

(II) FROM THE SCHOOL DISTRICT'S LOCAL TAX-RELATED REVENUE.

(IV) DETERMINE THE GREATER OF $0 OR THE DIFFERENCE

CALCULATED IN SUBPARAGRAPH (III) FOR EACH SCHOOL DISTRICT.

(V) MULTIPLY THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (IV)

BY A LOCAL CAPACITY PER STUDENT FACTOR CALCULATED AS FOLLOWS FOR

EACH SCHOOL DISTRICT:

(A) DIVIDE THE SCHOOL DISTRICT'S LOCAL CAPACITY PER STUDENT

DETERMINED UNDER SECTION 2502.53(C)(3)(III) BY THE STATEWIDE

MEDIAN OF ALL SCHOOL DISTRICTS UNDER SECTION 2502.53(C)(3)(III).

(B) SUBTRACT ONE FROM THE QUOTIENT CALCULATED UNDER CLAUSE

(A).

ONE.

(D) DETERMINE THE LESSER OF ONE OR THE DIFFERENCE CALCULATED

UNDER CLAUSE (C).

(2) (RESERVED).

(3) FOR MONEY AVAILABLE TO A SCHOOL DISTRICT UNDER

SUBSECTION (A.7), INCLUDING PAYMENTS MADE UNDER SUBSECTION (A.7)

THAT HAVE BEEN DEEMED TO BE PART OF THE SCHOOL DISTRICT'S READY-

TO-LEARN BLOCK GRANT FOUNDATION AMOUNT UNDER SUBSECTION (A.5),

THE FOLLOWING SHALL APPLY:

(I) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF A STATE LAW

PROVIDING FOR THE APPROPRIATION FOR THE READY-TO-LEARN BLOCK

GRANT, THE DEPARTMENT SHALL NOTIFY EACH SCHOOL DISTRICT OF THE

AMOUNT OF MONEY AVAILABLE TO BE RECEIVED BY THE SCHOOL DISTRICT,

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THE ALLOWABLE USES OF THE MONEY AND THE PROCESS BY WHICH A

SCHOOL DISTRICT MAY APPLY TO THE DEPARTMENT AND RECEIVE THE

MONEY.

(II) TO BE ELIGIBLE TO RECEIVE AVAILABLE MONEY, THE LOCAL

BOARD OF SCHOOL DIRECTORS MUST ADOPT A RESOLUTION IN CONJUNCTION

WITH ACTIONS TAKEN IN ACCORDANCE WITH THE ADOPTION AND

SUBMISSION REQUIREMENTS UNDER SECTION 311(A) AND (D) OF THE ACT

OF JUNE 27, 2006 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE

TAXPAYER RELIEF ACT, RELATED TO THE ADOPTION OF PRELIMINARY

BUDGETS THAT DECLARES THE SCHOOL DISTRICT'S INTENT TO RECEIVE

AND USE THE AVAILABLE MONEY FOR A PURPOSE SPECIFIED UNDER

SUBPARAGRAPH (III) DURING THE SUBSEQUENT FISCAL YEAR FOR WHICH

THE MONEY HAS BEEN APPROPRIATED BY THE GENERAL ASSEMBLY.

(III) A LOCAL BOARD OF SCHOOL DIRECTORS THAT ADOPTS A

RESOLUTION UNDER SUBPARAGRAPH (II) SHALL USE ANY MONEY RECEIVED

FOR ANY OF THE FOLLOWING PURPOSES:

(A) MITIGATING OR PREVENTING AN INCREASE IN THE MILLAGE RATE

OF REAL ESTATE PROPERTY TAXES LEVIED BY THE SCHOOL DISTRICT.

(B) SUPPLEMENTING THE AMOUNT CALCULATED BY THE SCHOOL

DISTRICT FOR THE HOMESTEAD AND FARMSTEAD EXCLUSION UNDER SECTION

342 OF THE TAXPAYER RELIEF ACT.

PROVIDED BY THE SCHOOL DISTRICT THAT SUPPLEMENTS THE REBATES

PROVIDED UNDER CHAPTER 13 OF THE TAXPAYER RELIEF ACT.

(D) MITIGATING OR REPLACING THE LOSS OF REVENUE RECEIVED BY

THE SCHOOL DISTRICT RESULTING FROM A DECISION OF A COURT OF THIS

COMMONWEALTH WITHIN THE PREVIOUS FIVE YEARS RELATING TO AN

ASSESSMENT APPEAL UNDER ARTICLE V OF THE ACT OF MAY 22, 1933

(P.L.853, NO.155), KNOWN AS THE GENERAL COUNTY ASSESSMENT LAW.

(E) REDUCING DEBT.

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(4) THE DEPARTMENT SHALL POST ON ITS PUBLICLY ACCESSIBLE

INTERNET WEBSITE INFORMATION REGARDING THE ACTIONS TAKEN BY EACH

LOCAL BOARD OF SCHOOL DIRECTORS UNDER PARAGRAPH (3)(II) AND USE

OF THE MONEY AVAILABLE UNDER SUBSECTION (A.7), INCLUDING

PAYMENTS MADE UNDER SUBSECTION (A.7) THAT HAVE BEEN DEEMED TO BE

PART OF THE SCHOOL DISTRICT'S BASE READY-TO-LEARN BLOCK GRANT

AMOUNT UNDER SUBSECTION (A.5), BY EACH LOCAL BOARD OF SCHOOL

DIRECTORS AS SPECIFIED UNDER PARAGRAPH (3)(III).

(H) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:

"DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, CHARTER SCHOOL,

REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.

SECTION 49. SECTION 2603-B(C) OF THE ACT IS AMENDED TO READ:

SECTION 2603-B. POWERS AND DUTIES OF THE BOARD.--* * *

INCLUDING PROJECTED OPERATING EXPENSES OF THE PROFESSIONAL

STANDARDS AND PRACTICES COMMISSION]. IT SHALL INCLUDE SALARIES

FOR STAFF, OFFICE MATERIALS AND EQUIPMENT, AND ALL EXPENSES FOR

THE OPERATION OF THE BOARD [AND COMMISSION]. THIS BUDGET SHALL

BE PRESENTED TO THE SECRETARY OF EDUCATION. UPON ADOPTION OF THE

GENERAL APPROPRIATIONS ACT, THE DEPARTMENT SHALL NOTIFY THE

BOARD OF THE AMOUNT OF ITS ALLOCATION.

* * *

SECTION 50. SECTIONS 2608-J, 2602-L AND 2603-L OF THE ACT,

AMENDED OR ADDED DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED

TO READ:

SECTION 2608-J. APPLICABILITY.

THIS ARTICLE SHALL APPLY TO PROJECTS FOR WHICH APPROVAL AND

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REIMBURSEMENT IS SOUGHT AND TO THE MAINTENANCE PROJECT GRANT

PROGRAM BEGINNING JULY 1, [2024] 2025.

SECTION 2602-L. SCHOOL ENVIRONMENTAL REPAIRS PROGRAM RESTRICTED

ACCOUNT.

THE SCHOOL ENVIRONMENTAL REPAIRS PROGRAM RESTRICTED ACCOUNT

IS ESTABLISHED AS A RESTRICTED ACCOUNT IN THE GENERAL FUND. THE

FOLLOWING SHALL APPLY:

(1) MONEY IN THE ACCOUNT IS APPROPRIATED TO THE

DEPARTMENT ON A CONTINUING BASIS TO PROVIDE PROGRAM [GRANTS]

FUNDING UNDER THIS ARTICLE [DURING FISCAL YEARS 2023-2024 AND

2024-2025].

(2) THE STATE TREASURER MAY ACCEPT APPROPRIATIONS,

TRANSFERS, GIFTS, DONATIONS, LEGACIES OR ANY OTHER REVENUES,

INCLUDING ALLOWABLE FEDERAL FUNDS, FOR DEPOSIT INTO THE

ACCOUNT.

(3) ANY INTEREST THAT ACCRUES IN THE ACCOUNT SHALL

REMAIN IN THE ACCOUNT.

SECTION 2603-L. SCHOOL ENVIRONMENTAL REPAIRS PROGRAM.

(A) SCHOOL ENVIRONMENTAL REPAIRS PROGRAM.--THE SCHOOL

ENVIRONMENTAL REPAIRS PROGRAM IS ESTABLISHED IN THE DEPARTMENT

TO PROVIDE [GRANTS] FUNDING TO SCHOOL ENTITIES FOR THE ABATEMENT

OR REMEDIATION OF ENVIRONMENTAL HAZARDS IN A SCHOOL BUILDING OR

BUILDINGS.

(B) [APPLICATION] APPROVAL PROCESS.--THE DEPARTMENT SHALL

DEVELOP A PROCESS FOR SCHOOL ENTITIES TO APPLY FOR PROGRAM

[GRANTS] FUNDING.

REMEDIATE ENVIRONMENTAL HAZARDS, INCLUDING, BUT NOT LIMITED TO,

THE ABATEMENT OR REMEDIATION OF LEAD IN WATER SOURCES, ASBESTOS

AND MOLD INSIDE THE SCHOOL BUILDINGS OF ELIGIBLE SCHOOL ENTITIES

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AND REPLACEMENT OF MATERIALS, ARE ELIGIBLE TO RECEIVE [A PROGRAM

GRANT] PROGRAM FUNDS.

(D) FORM OF APPLICATION.--[A] TO BE ELIGIBLE TO RECEIVE

FUNDING UNDER THIS SECTION, A SCHOOL ENTITY MUST [APPLY FOR A

PROGRAM GRANT ON A FORM PRESCRIBED BY THE] SUBMIT A PLAN FOR

APPROVAL TO THE DEPARTMENT. THE FORM SHALL INCLUDE THE FOLLOWING

INFORMATION:

(1) DESCRIPTION OF THE ABATEMENT OR REMEDIATION PROJECT.

(2) INFORMATION RELATED TO THE RISK OF EXPOSURE TO

ENVIRONMENTAL HAZARDS.

(3) ESTIMATED COST OF THE PROJECT.

(4) SOURCE AND AMOUNT OF LOCAL MATCHING FUNDS.

(5) DOCUMENTATION TO SUPPORT THE ENVIRONMENTAL HAZARDS

TO BE REMEDIED, THE ESTIMATED COST AND THE SOURCE OF LOCAL

MATCHING FUNDS.

(6) TIMELINE TO COMPLETE THE WORK.

(7) OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

(E) [GRANT PRIORITIZATION] PRIORITIZATION.--THE DEPARTMENT

SHALL PRIORITIZE ELIGIBLE PROJECTS THAT ABATE OR REMEDIATE

ENVIRONMENTAL HAZARDS THAT PRESENT THE GREATEST RISK OF EXPOSURE

USING THE FOLLOWING INFORMATION:

(1) ELEVATED LEAD LEVELS IN DRINKING WATER.

[(2) THE PERCENTAGE OF THE POPULATION IN THE COUNTY

WHERE THE PROJECT IS LOCATED WITH A CONFIRMED BLOOD LEAD

LEVEL OVER 5 MG/DL AS DETERMINED BY THE DEPARTMENT IN

CONSULTATION WITH THE DEPARTMENT OF HEALTH.]

(3) CONTENTS OF THE APPLICATION.

(4) ANY OTHER RISK FACTOR DETERMINED BY THE DEPARTMENT.

(F) FUNDING AND LOCAL MATCH [FOR PROGRAM GRANTS].--

(1) THE DEPARTMENT MAY AWARD [A PROGRAM GRANT] PROGRAM

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FUNDING TO AN ELIGIBLE SCHOOL ENTITY IN AN AMOUNT UP TO 50%

OF THE COST OF THE ELIGIBLE PROJECT. THE DEPARTMENT SHALL NOT

ISSUE AN AWARD [A PROGRAM GRANT] IN EXCESS OF $10,000,000.

(2) A SCHOOL ENTITY MUST HAVE A LOCAL MATCH OF AT LEAST

50% OF THE TOTAL COST OF ALL PROJECTS LISTED IN ITS

APPLICATION. THE LOCAL MATCH MAY COME FROM ANY NON-STATE

SOURCE FUNDING, INCLUDING FEDERAL OR LOCAL MONEY AND

DONATIONS. THE SCHOOL ENTITY MUST DOCUMENT ITS LOCAL MATCH AS

PART OF ITS APPLICATION.

(3) AN ELIGIBLE SCHOOL ENTITY MAY NOT USE PROGRAM

[GRANT] FUNDING MONEY FOR RECURRING UPKEEP ON PHYSICAL

FACILITIES, INCLUDING CLEANING, MINOR REPAIR OF FIXTURES OR

STRUCTURES, PAINTING UNRELATED TO THE ABATEMENT OR

REMEDIATION OF LEAD PAINT OR THE REGULAR SERVICING OF

HEATING, AIR CONDITIONING OR OTHER EQUIPMENT.

(G) GUIDELINES.--THE DEPARTMENT SHALL ISSUE GUIDELINES FOR

THE PROGRAM [AT LEAST 60 DAYS] BEFORE THE BEGINNING OF THE

APPLICATION PERIOD. THE GUIDELINES SHALL INCLUDE:

(1) THE APPLICATION PROCESS, INCLUDING DEADLINES.

(2) THE APPLICATION FORM DEVELOPED BY THE DEPARTMENT.

(3) INFORMATION ON ELIGIBLE PROJECTS.

(4) AN EXPLANATION OF THE PRIORITIZATION FACTORS.

(H) MONITORING.--THE DEPARTMENT, OR ITS DESIGNEE, SHALL

RANDOMLY AUDIT AND MONITOR PROGRAM [GRANT] FUNDING RECIPIENTS TO

ENSURE THE APPROPRIATE USE OF PROGRAM [GRANT] FUNDS AND

COMPLIANCE WITH PROVISIONS OF THE PROGRAM.

(I) EFFECT OF [GRANT] MONEY RECEIVED.--PROGRAM [GRANT] MONEY

RECEIVED BY A SCHOOL DISTRICT UNDER THIS SECTION MAY NOT BE

INCLUDED WHEN CALCULATING THE AMOUNT TO BE PAID TO A CHARTER

SCHOOL UNDER SECTION 1725-A.

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(J) WHOLE OR PARTIAL AWARDS.--THE DEPARTMENT, IN ITS

DISCRETION, MAY AWARD IN WHOLE OR IN PART A REQUEST MADE BY A

SCHOOL ENTITY IN ITS [GRANT] FUNDING APPLICATION BASED UPON THE

MERIT OF A SPECIFIC ITEM REQUESTED.

(K) REPORT.--THE DEPARTMENT SHALL PUBLISH PROGRAM [GRANT]

AWARD INFORMATION, INCLUDING AWARD AMOUNTS AND A DESCRIPTION OF

THE FUNDED PROJECT, ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE

AT THE CONCLUSION OF EACH FUNDING ROUND.

SECTION 51. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE AMENDMENT OF SECTION 2007-G OF THE ACT SHALL

TAKE EFFECT IN 60 DAYS.

(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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