PRINTER'S NO. 2108
No. 1513 Session of 2000
INTRODUCED BY TOMLINSON, SALVATORE, STOUT, CONTI, BELL, BOSCOLA,
O'PAKE, CORMAN, HELFRICK, TILGHMAN, WAGNER, FUMO, STAPLETON,
BRIGHTBILL, HART, WENGER AND MUSTO, SEPTEMBER 5, 2000
REFERRED TO EDUCATION, SEPTEMBER 5, 2000
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for special education
6 services for nonpublic school students.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 922.2-A. Special Education Services for Nonpublic
13 School Students.--(a) Legislative Finding; Declaration of
14 Policy. The welfare of this Commonwealth requires that school
15 age children be assured ample opportunity to develop their
16 intellectual capacities to the fullest. Children attending
17 nonpublic schools have not been furnished special education
18 services on an equal basis with public school children. It is
19 the intent of the General Assembly to ensure that nonpublic
1 school children be afforded an equitable opportunity to receive
2 special education services.
3 (b) Definitions. The following words, when used in this
4 section, shall have the following meanings, except in those
5 circumstances where the context clearly indicates otherwise:
6 "Nonpublic school" means a nonprofit school, other than a
7 public school or an approved private school within this
8 Commonwealth wherein a resident of this Commonwealth may legally
9 fulfill the compulsory school attendance requirements of this
10 act and which meets the applicable requirements of Title VI of
11 the Civil Rights Act of 1964 (Pubic Law 88-352, 78 Stat. 241).
12 "Special education services" means secular, neutral,
13 nonideological educational services and related services for
14 children with exceptionalities, as that term is defined in
15 section 1371.
16 (c) Program of special education services:
17 (1) To the extent allowed by the level of funds appropriated
18 by the General Assembly to implement the provisions of this
19 section, children with exceptionalities attending nonpublic
20 schools shall be furnished a program of special education
21 services which are required by law to be offered to public
22 school students in this Commonwealth and which are appropriate
23 to the needs of those children. The program of special education
24 services shall be provided by the intermediate unit in which the
25 nonpublic school is located, in accordance with standards of the
26 Secretary of Education.
27 (2) Such services shall be provided directly to the
28 nonpublic school students by the intermediate unit in the
29 schools which the students attend, in mobile instructional units
30 located on the grounds of such schools or in any alternative
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1 setting mutually agreed upon by the school and the intermediate
2 unit, to the extent permitted by the Constitution of the United
3 States and the Constitution of Pennsylvania.
4 (3) Such special education services may be provided directly
5 by the intermediate units or through agreements between the
6 intermediate units and school districts or qualified private
7 service providers, but may not be provided by nonpublic school
8 employes.
9 (4) School districts may also, at their option, provide such
10 services to resident students attending nonpublic schools or
11 place children in need of such services in nonpublic schools at
12 school district expense.
13 (d) School District Responsibilities. Nothing in this
14 section shall relieve any school district of any
15 responsibilities, under Federal or State law, to identify,
16 locate or evaluate any nonpublic school student who is in need
17 of special education services. School districts may fulfill such
18 responsibilities directly or by agreement with an intermediate
19 unit.
20 (e) Intermediate Unit Responsibilities.
21 (1) Intermediate units shall be responsible for designing
22 and implementing appropriate individualized education programs
23 for children with exceptionalities who attend nonpublic schools.
24 The Secretary of Education shall prescribe standards
25 establishing procedures for the development, review and revision
26 of appropriate special education programs for such children,
27 which standards shall include required timely and meaningful
28 consultation with a representative of the nonpublic school which
29 the child to be served attends regarding the child's secular
30 educational needs.
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1 (2) The required consultation shall occur before the
2 intermediate unit makes any decision that affects the
3 opportunities of nonpublic school children to participate in the
4 services provided under this section, and shall include, at a
5 minimum: which children shall receive services; what services
6 will be provided; and how and where the services will be
7 provided; and how the services provided will be evaluated.
8 (f) Appropriations.
9 (1) From the Federal funds received by the Commonwealth for
10 special education services, the Secretary of Education shall
11 allocate to intermediate units a proportion equal to the
12 percentage of children with exceptionalities who attend
13 nonpublic schools in this Commonwealth. Said funds shall be
14 combined with State funds appropriated by the Commonwealth and
15 utilized by the intermediate units for purposes of providing
16 special education services under this section.
17 (2) Appropriations of Federal and State funds made by the
18 Commonwealth under this section shall be allocated by the
19 Secretary of Education to each intermediate unit based upon the
20 number of nonpublic school children within that intermediate
21 unit who are in need of special education services.
22 (g) Limitations on Expenditure. The intermediate unit shall
23 not use more than six per centum (6%) of the funds it receives
24 under this section for administrative expenses. The Department
25 of Education shall not use more than one per centum (1%) of the
26 funds it allocates under this section for administrative
27 expenses. If all funds allocated by the intermediate units to
28 administration are not expended for those purposes, such funds
29 may be used for program costs under this section.
30 (h) Interest. There shall be no adjustment in the allocation
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1 as provided in subsection (f) because of interest earned on the
2 allocations by the intermediate units. Interest so earned shall
3 be used for the purpose of this section but shall not be subject
4 to the limitations of subsection (g).
5 (i) Budgets. Annually, each intermediate unit shall submit
6 to the Secretary of Education a preliminary budget for services
7 to be provided under this section on or before January 31 and a
8 final budget on or before June 15 for the succeeding year, and
9 shall file a final financial report on or before October 31 for
10 the preceding year.
11 (j) Limitations on Regulations:
12 (1) Nothing in this section shall be construed to authorize
13 any additional regulations, requirements or limitations upon
14 nonpublic schools which are not otherwise authorized by law.
15 (2) No nonpublic school may be compelled to accept or to
16 enroll children with exceptionalities if the school:
17 (i) is not structured or equipped to meet the special needs
18 of the student;
19 (ii) does not offer educational programs appropriate to the
20 special needs of the student; or
21 (iii) does not offer a particular program requested.
22 (3) The providing of special education services to children
23 under this section shall not be considered to be appropriations
24 or financial assistance to the nonpublic school which the child
25 attends.
26 Section 2. This act shall take effect in 60 days.
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