SENATE AMENDED PRIOR PRINTER'S NOS. 666, 1975, 2227, PRINTER'S NO. 4190 2262, 3396, 3732
No. 601 Session of 1997
INTRODUCED BY LYNCH, HUTCHINSON, McILHATTAN, SURRA, SCRIMENTI, BATTISTO, ITKIN, ARGALL, STEELMAN, TRELLO, HENNESSEY, SEYFERT, ROBERTS, COWELL, BELFANTI AND C. WILLIAMS, FEBRUARY 13, 1997
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE- REPORTED AS AMENDED, NOVEMBER 24, 1998
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," FURTHER PROVIDING FOR AUXILIARY <-- 6 SERVICES; AND THE DEFINITION OF "SCHOOL YEAR"; PROVIDING FOR <-- 7 ADVANCE NOTIFICATION OF PESTICIDE APPLICATION WITHIN SCHOOLS, 8 SCHOOL GROUNDS, ATHLETIC FIELDS AND PLAYGROUNDS; FURTHER 9 PROVIDING FOR THE WITHHOLDING OF CERTAIN STATE PAYMENTS, FOR 10 DISTRESS IN SCHOOL DISTRICTS OF THE FIRST CLASS, FOR THE <-- 11 LEVYING OF TAXES IN SCHOOL DISTRICTS LYING IN MORE THAN ONE 12 COUNTY OR ONE MUNICIPALITY, FOR THE CONTRACTUAL POWERS OF THE 13 CHANCELLOR OF THE STATE SYSTEM OF HIGHER EDUCATION AND FOR 14 PUPIL TRANSPORTATION REIMBURSEMENT; AND providing for <-- 15 community education councils, for powers and duties of <-- 16 community education councils, for maximum class sizes in 17 certain classrooms; and making appropriations. COUNCILS; AND <-- 18 ESTABLISHING THE POLICE OFFICER AND FIREFIGHTER CHILD 19 BENEFICIARY EDUCATION PROGRAM. COUNCILS. <-- 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <-- 23 as the Public School Code of 1949, is amended by adding an 24 article to read:
1 ARTICLE XIX-D. 2 COMMUNITY EDUCATION COUNCIL. 3 Section 1901-D. Declaration of policy.--It is the intent of 4 the General Assembly, through this article, to provide for 5 postsecondary education services in educationally underserved 6 areas of this Commonwealth through the creation of community 7 education councils. In light of the increasing emphasis on 8 advanced degrees and retraining in the work force, this article 9 seeks to provide access to postsecondary educational 10 opportunities that are appropriate to the needs of the local 11 community. The councils will assess the regional needs and 12 interests of potential students as well as those of employers in 13 the community. 14 Section 1902-D. Definitions.--For purposes of this article: 15 (1) "Community education council." A nonprofit 16 institutionally neutral educational organization, governed by a 17 community-based board of directors, which serves to provide 18 access to post-secondary education and training resources for 19 citizens in educationally underserved areas of this 20 Commonwealth. 21 (2) "Educationally underserved area." An area designated by 22 the Secretary of Education of the Commonwealth as an adult 23 education, continuing education and/or post-secondary education 24 shortage area using criteria which take into account special 25 barriers to the provision of education services. 26 (3) "Institutionally neutral." Having no exclusive legal 27 affiliation with any provider of post-secondary education or a 28 branch campus, branch location or outreach center of a provider 29 of postsecondary education. 30 (4) "Post-secondary education resources." The term 19970H0601B4190 - 2 -
1 includes, but is not limited to, area vocational-technical 2 schools, degree-granting institutions of higher education 3 accredited by an accrediting agency recognized by the Federal 4 Government, institutions licensed under the act of December 15, 5 1986 (P.L.1585, No.174), known as the "Private Licensed Schools 6 Act", professional, vocational or occupational certification or 7 licensure programs, and educational technology. 8 (5) "Secretary." The Secretary of Education of the 9 Commonwealth. 10 Section 1903-D. Recognition and Approval of Community 11 Education Councils; Withdrawal of Recognition and Approval.--(a) 12 The secretary shall establish procedures and criteria for 13 formally recognizing existing community education councils under 14 this article. The secretary shall also establish procedures and 15 criteria for the assessment of community need and approval of 16 additional councils, such approval to be conditioned upon the 17 appropriation of additional State funding necessary for those 18 new councils. 19 (b) The secretary shall also establish procedures for 20 withdrawing formal recognition and approval of any council 21 covered by subsection (a). 22 (c) Withdrawal of recognition and approval of a council 23 shall last until expiration of the Commonwealth's current fiscal 24 year, after which time the secretary may reconsider the council 25 for inclusion in the State allocation of funds. If funds have 26 been allocated for the current fiscal year, a council whose 27 recognition and approval subsequently have been withdrawn shall 28 return the proportionate share of annual allocations to the 29 secretary for the remainder of the fiscal year. 30 Section 1904-D. State Funds.--(a) (1) The secretary, upon 19970H0601B4190 - 3 -
1 consultation with approved councils, shall be responsible for 2 the allocation of State funding among community education 3 councils approved under this article. 4 (2) The allocation may not exceed eighty per centum (80%) of 5 the council's projected total expenditures for the fiscal year 6 of allocation. 7 (b) Community education councils shall use allocated State 8 funds to meet the cost of operation, including, but not limited 9 to, personnel, rent, utilities, insurance, supplies, equipment 10 and technology needs, staff development, marketing, maintenance 11 and instructional services. 12 Section 1905-D. Purpose of Community Education Council.--(a) 13 The purpose of a community education council shall be to 14 identify, implement and oversee new or innovative efforts to 15 provide access to post-secondary education opportunities in 16 educationally underserved communities within this Commonwealth. 17 (b) Post-secondary educational opportunities may include, 18 but are not limited to, any of the following: 19 (1) Programs, courses or classes leading to professional, 20 vocational or occupational certification or licensure, an 21 associate degree, a bachelor's degree or a master's degree. 22 (2) GED preparation. 23 (3) Skill development or skill enhancement for the community 24 work force. 25 (c) A second function of a community education council shall 26 be to assist in the provision of resources and to serve as a 27 vehicle for employment opportunities which meet the community's 28 current and future economic development needs. 29 Section 1906-D. Board of Directors.--(a) The policies of 30 any community education council established under this article 19970H0601B4190 - 4 -
1 shall be administered and supervised by a community-based board 2 of directors. 3 (b) The board of directors shall, for purposes of operating 4 and maintaining a community education council, have the 5 following powers and duties: 6 (1) To hold, rent, lease, sell, purchase and improve 7 buildings, furnishings, equipment, materials, books and 8 supplies. 9 (2) To enter into contracts or agreements for services with 10 post-secondary institutions, other educational providers or 11 local government agencies in order to carry out the intent and 12 purposes of this article. 13 (3) To accept and receive gifts of real and personal 14 property. 15 (4) To apply for Federal, State and local funds and grants 16 and to expend funds obtained from these sources. 17 (5) To determine the needs and aspirations of potential 18 students and employers in the community. 19 (6) To make policies providing for identification of 20 students, programs, courses or classes to be offered and any 21 other matters related to administration of the community 22 education council. 23 (7) To hire employes to conduct the day-to-day operations 24 and carry out the policy of the board. 25 (8) To exercise such other powers and perform such other 26 duties as are necessary to effect the intent and purposes of 27 this article. 28 Section 2. The act is amended by adding a section to read: 29 Section 2115. Maximum Class Size.--(a) No classroom in any 30 public school district shall exceed the maximum class size for 19970H0601B4190 - 5 -
1 the grade levels and after the implementation dates set forth in 2 this section. Except as otherwise provided in this section, the 3 maximum class sizes shall be as follows: 4 Grade Maximum Class Implementation 5 Level Size Date 6 Kindergarten 20 July 1, 1998 7 First grade 20 July 1, 1999 8 Second grade 20 July 1, 2000 9 Third grade 20 July 1, 2001 10 (b) This section shall not apply to special education 11 classes established and operated pursuant to 22 Pa. Code Pt. 1 12 Subpt. A Ch. 14 (relating to special education services and 13 programs) and Pt. XVI Ch. 342 (relating to special education 14 services and programs). Any other special education classes 15 shall utilize a maximum class size that the State Board of 16 Education deems appropriate for the specific nature or special 17 needs of the students being instructed in those special 18 education classes. 19 (c) The maximum class sizes set forth in subsection (a) 20 shall not apply in instrumental or vocal music classes, or 21 similar classes, unless the effectiveness of the instructional 22 program in those classes would be impaired. 23 (d) (1) No school district shall utilize split-grade 24 classes in order to comply with this section, unless the board 25 of education for the district gives its prior approval. 26 (2) This section shall not prohibit a school district from 27 utilizing transitional, ungraded or unstructured classes. 28 (3) All additional costs incurred by school districts shall 29 be reimbursed from State funds appropriated for this purpose 30 during the school year during which such costs are incurred. 19970H0601B4190 - 6 -
1 Section 3. (a) The sum of $550,000 is hereby appropriated 2 to the Department of Education for the fiscal year July 1, 1997, 3 to June 30, 1998, for the purposes of implementing the community 4 education councils' portion of this act. 5 (b) The sum of $20,000,000, or as much thereof as may be 6 necessary, is hereby appropriated to the Department of Education 7 for the fiscal year July 1, 1997, to June 30, 1998, for grants 8 to school districts for the purchase of textbooks. Payments to 9 school districts shall be derived by multiplying the school 10 district's average daily membership by the product of 21.25 11 times the school district's market value personal income aid 12 ratio. The Department of Education shall require that school 13 districts provide an equitable share of the grant to the area 14 vocational-technical schools which their students attend. 15 Section 4. This act shall take effect immediately. 16 SECTION 1. SECTION 922.1-A(C) OF THE ACT OF MARCH 10, 1949 <-- 17 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED 18 AUGUST 1, 1975 (P.L.180, NO.89), IS AMENDED TO READ: 19 SECTION 922.1-A. AUXILIARY SERVICES.--* * * 20 (C) PROGRAM OF AUXILIARY SERVICES. STUDENTS ATTENDING 21 NONPUBLIC SCHOOLS SHALL BE FURNISHED A PROGRAM OF AUXILIARY 22 SERVICES WHICH ARE PROVIDED TO PUBLIC SCHOOL STUDENTS IN THE 23 SCHOOL DISTRICT IN WHICH THEIR NONPUBLIC SCHOOL IS LOCATED. THE 24 PROGRAM OF AUXILIARY SERVICES SHALL BE PROVIDED BY THE 25 INTERMEDIATE UNIT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED, IN 26 ACCORDANCE WITH STANDARDS OF THE SECRETARY OF EDUCATION. SUCH 27 SERVICES SHALL BE PROVIDED DIRECTLY TO THE NONPUBLIC SCHOOL 28 STUDENTS BY THE INTERMEDIATE UNIT [EXCEPT THAT SUCH SERVICES 29 SHALL NOT BE PROVIDED IN A CHURCH OR IN ANY FACILITY UNDER THE 30 CONTROL OF A SECTARIAN SCHOOL] IN THE SCHOOLS WHICH THE STUDENTS 19970H0601B4190 - 7 -
1 ATTEND, IN MOBILE INSTRUCTIONAL UNITS LOCATED ON THE GROUNDS OF 2 SUCH SCHOOLS OR IN ANY ALTERNATIVE SETTING MUTUALLY AGREED UPON 3 BY THE SCHOOL AND THE INTERMEDIATE UNIT, TO THE EXTENT PERMITTED 4 BY THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF 5 THE COMMONWEALTH OF PENNSYLVANIA. 6 SUCH AUXILIARY SERVICES SHALL BE PROVIDED DIRECTLY BY THE 7 INTERMEDIATE UNITS AND NO AUXILIARY SERVICES PRESENTLY PROVIDED 8 TO PUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE UNITS AND/OR 9 SCHOOL DISTRICTS BY MEANS OF STATE OR LOCAL REVENUES, DURING THE 10 SCHOOL YEAR 1974-1975, SHALL BE ELIMINATED. NO SCHOOL DISTRICTS 11 SHALL BE REQUIRED, PURSUANT TO ANY SECTION OF THIS ACT, TO OFFER 12 AUXILIARY SERVICES PROVIDED BY ANY OTHER SCHOOL DISTRICTS WITHIN 13 SUCH INTERMEDIATE UNITS. 14 * * * 15 SECTION 1. SECTION 102(4) OF THE ACT OF MARCH 10, 1949 <-- 16 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, 17 AMENDED APRIL 27, 1998 (P.L.270, NO.46), IS AMENDED TO READ: 18 SECTION 102. DEFINITIONS.--WHEN USED IN THIS ACT THE 19 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS: 20 * * * 21 (4) "SCHOOL YEAR" SHALL MEAN THE PERIOD OF TIME ELAPSING IN 22 SCHOOL DISTRICTS OF THE FIRST CLASS BETWEEN THE FIRST DAY OF 23 JANUARY AND THE THIRTY-FIRST DAY OF DECEMBER OF ANY YEAR, AND IN 24 SCHOOL DISTRICTS OF ALL OTHER CLASSES BETWEEN THE FIRST DAY OF 25 JULY OF ONE YEAR AND THE THIRTIETH DAY OF JUNE OF THE FOLLOWING 26 YEAR. [SCHOOL] EFFECTIVE JULY 1, 1997, FOR THE 1997-1998 SCHOOL 27 YEAR AND EACH SCHOOL YEAR THEREAFTER SCHOOL DISTRICTS WITH A 28 YEAR-ROUND EDUCATION PROGRAM MAY SUBMIT A REQUEST TO THE 29 SECRETARY OF EDUCATION FOR APPROVAL OR DISAPPROVAL TO EXTEND THE 30 SCHOOL YEAR UNTIL AUGUST 15 FOR THE PURPOSE OF DETERMINING 19970H0601B4190 - 8 -
1 AVERAGE DAILY MEMBERSHIPS FOR STUDENTS WHOSE ONE HUNDRED EIGHTY 2 (180) DAYS OF INSTRUCTION CONTINUE INTO THE SUMMER MONTHS. 3 * * * 4 SECTION 2. SECTION 633 OF THE ACT, AMENDED DECEMBER 19, 1975 5 (P.L.511, NO.150), IS AMENDED TO READ: 6 SECTION 633. REPORTS TO SECRETARY OF EDUCATION; WITHHOLDING 7 STATE APPROPRIATIONS.--IT SHALL BE THE DUTY OF THE SECRETARY OF 8 EDUCATION, TO REQUIRE, AS PART OF THE ANNUAL FINANCIAL REPORTS 9 OF ALL OF THE SCHOOL DISTRICTS, A LIST OF THE AMOUNT OF BONDS OR 10 OTHER INDEBTEDNESS THAT BECOMES DUE DURING THE FISCAL YEAR, 11 TOGETHER WITH THE AMOUNT PAID ON EACH ITEM OF INDEBTEDNESS. IN 12 CASE OF FAILURE ON THE PART OF ANY SCHOOL DISTRICT TO FURNISH 13 SUCH REPORT AT THE REQUIRED TIME AFTER THE CLOSE OF THE FISCAL 14 YEAR, THE SECRETARY OF EDUCATION MAY WITHHOLD ANY STATE 15 APPROPRIATION THAT MAY BECOME DUE TO ANY SUCH SCHOOL DISTRICT 16 UNTIL SUCH REPORT COVERING INFORMATION REGARDING THE MATURITIES 17 OF INDEBTEDNESS AND PAYMENTS ON SAME DURING THE PRECEDING FISCAL 18 YEAR, AS REQUIRED HEREIN, AND ANY OTHER INFORMATION WHICH HE MAY 19 REQUIRE OF A SCHOOL DISTRICT, HAS BEEN RECEIVED. IN ALL CASES 20 WHERE THE BOARD OF DIRECTORS OF ANY SCHOOL DISTRICT FAILS TO PAY 21 OR TO PROVIDE FOR THE PAYMENT OF ANY INDEBTEDNESS AT DATE OF 22 MATURITY OR DATE OF MANDATORY REDEMPTION OR ON ANY SINKING FUND 23 DEPOSIT DATE, OR ANY INTEREST DUE ON SUCH INDEBTEDNESS ON ANY 24 INTEREST PAYMENT DATE, OR ON ANY SINKING FUND DEPOSIT DATE IN 25 ACCORDANCE WITH THE SCHEDULE UNDER WHICH THE BONDS WERE ISSUED, 26 THE SECRETARY OF EDUCATION SHALL NOTIFY SUCH BOARD OF SCHOOL 27 DIRECTORS OF ITS OBLIGATION AND SHALL WITHHOLD OUT OF ANY STATE 28 APPROPRIATION DUE SUCH SCHOOL DISTRICT AN AMOUNT EQUAL TO THE 29 SUM OF THE PRINCIPAL AMOUNT MATURING OR SUBJECT TO MANDATORY 30 REDEMPTION AND INTEREST OWING BY SUCH SCHOOL DISTRICT, OR 19970H0601B4190 - 9 -
1 SINKING FUND DEPOSIT DUE BY SUCH SCHOOL DISTRICT, AND SHALL PAY 2 OVER THE AMOUNT SO WITHHELD TO THE BANK OR OTHER PERSON ACTING 3 AS SINKING FUND DEPOSITARY FOR SUCH BOND ISSUE. 4 SECTION 3. SECTION 696(H)(1) OF THE ACT, ADDED APRIL 27, 5 1998 (P.L.270, NO.46), IS AMENDED TO READ: 6 SECTION 696. DISTRESS IN SCHOOL DISTRICTS OF THE FIRST 7 CLASS.--* * * 8 (H) THE CHIEF EXECUTIVE OFFICER AND THE SCHOOL REFORM 9 COMMISSION SHALL DIRECT FINANCIAL MATTERS RELATED TO THE 10 DISTRESSED SCHOOL DISTRICT OF THE FIRST CLASS AND: 11 (1) ALL TAXES AUTHORIZED TO BE LEVIED BY A SCHOOL DISTRICT 12 OF THE FIRST CLASS OR FOR A SCHOOL DISTRICT OF THE FIRST CLASS 13 BY A CITY OR COUNTY OF THE FIRST CLASS ON THE DATE OF THE 14 DECLARATION OF DISTRESS SHALL CONTINUE TO BE AUTHORIZED AND 15 LEVIED IN ACCORDANCE WITH THIS ACT AND SHALL BE TRANSMITTED TO 16 THE SCHOOL DISTRICT. FOR THE FIRST FISCAL YEAR OR PART THEREOF 17 AND EVERY FISCAL YEAR THEREAFTER IN WHICH THE SCHOOL DISTRICT IS 18 DECLARED TO BE DISTRESSED, THE AMOUNT [LEVIED, COLLECTED AND 19 TRANSMITTED FOR EACH TAX] APPROPRIATED OR PAID BY THE CITY OR 20 COUNTY TO THE SCHOOL DISTRICT SHALL BE IN AN AMOUNT NOT LESS 21 THAN THE HIGHEST AMOUNT PAID BY THE CITY OR COUNTY TO THE SCHOOL 22 DISTRICT DURING ANY OF THE THREE FULL PRECEDING FISCAL YEARS. IN 23 ADDITION, THE CITY OF THE FIRST CLASS SHALL PROVIDE TO THE 24 SCHOOL DISTRICT OF THE FIRST CLASS ALL OTHER AVAILABLE LOCAL 25 NON-TAX REVENUE, INCLUDING GRANTS, SUBSIDIES OR PAYMENTS MADE 26 DURING THE PRIOR YEAR. 27 * * * 28 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <-- 29 SECTION 772.1. NOTIFICATION OF PESTICIDE TREATMENTS AT 30 SCHOOLS.--(A) FOR AN INDOOR PESTICIDE TREATMENT AT A SCHOOL 19970H0601B4190 - 10 -
1 BUILDING, THE CERTIFIED APPLICATOR OR PESTICIDE APPLICATION 2 TECHNICIAN SHALL SUPPLY THE PEST CONTROL INFORMATION SHEET AND A 3 PEST CONTROL SIGN, WHICH SHALL BE AT LEAST EIGHT AND ONE-HALF BY 4 ELEVEN (8 1/2 BY 11) INCHES IN SIZE, TO THE CHIEF ADMINISTRATOR 5 OR BUILDING MANAGER. THE CHIEF ADMINISTRATOR OR BUILDING MANAGER 6 SHALL BE RESPONSIBLE FOR ALL OF THE FOLLOWING: 7 (1) POSTING THE SIGN IN AN AREA OF COMMON ACCESS THAT THE 8 INDIVIDUALS ARE LIKELY TO CHECK ON A REGULAR BASIS AT LEAST 9 SEVENTY-TWO (72) HOURS BEFORE AND FOR AT LEAST TWO (2) DAYS 10 FOLLOWING EACH PLANNED TREATMENT. 11 (2) PROVIDING THE INFORMATION SHEET TO EVERY INDIVIDUAL 12 WORKING IN THE BUILDING AT LEAST SEVENTY-TWO (72) HOURS BEFORE 13 EACH PLANNED TREATMENT. 14 (3) PROVIDING NOTICE IN WRITING TO THE PARENTS OR GUARDIANS 15 OF THE STUDENTS ENROLLED IN THAT SCHOOL AT LEAST SEVENTY-TWO 16 (72) HOURS BEFORE EACH PLANNED TREATMENT. THE NOTICE SHALL 17 INCLUDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE APPLICATOR 18 APPLYING THE TREATMENT, DAY OF TREATMENT AND THE PESTICIDE 19 UTILIZED. THE NOTICE MAY BE INCLUDED IN NORMAL SCHOOL 20 COMMUNICATIONS TO PARENTS OR GUARDIANS AND NEED NOT BE MAILED 21 SEPARATELY TO PARENTS OR GUARDIANS. 22 (B) FOR AN OUTDOOR TREATMENT TO BE APPLIED ANYWHERE ON THE 23 SCHOOL GROUNDS, INCLUDING, BUT NOT LIMITED TO, ATHLETIC FIELDS 24 OR PLAYGROUNDS, THE CERTIFIED APPLICATOR OR TECHNICIAN SHALL 25 SUPPLY THE PEST CONTROL INFORMATION SHEET AND A PEST CONTROL 26 SIGN, WHICH SHALL BE AT LEAST EIGHT AND ONE-HALF BY ELEVEN (8 27 1/2 BY 11) INCHES IN SIZE, TO THE CHIEF ADMINISTRATOR OR GROUNDS 28 MANAGER. THE PEST CONTROL SIGN SHALL BE POSTED AT THE FIELD OR 29 PLAYGROUND TO BE TREATED AT LEAST SEVENTY-TWO (72) HOURS BEFORE 30 AND FOR TWO (2) DAYS AFTER THE PLANNED TREATMENT. 19970H0601B4190 - 11 -
1 (C) PERSONNEL AT A SCHOOL WITH AN ATHLETIC FIELD OR A 2 PLAYGROUND TO BE TREATED WITH A PESTICIDE ARE REQUIRED TO NOTIFY 3 IN WRITING THE PARENTS OR GUARDIANS OF THE CHILDREN ATTENDING 4 THE SCHOOL AT THE TIME THE CHILD IS REGISTERED OF THE FOLLOWING: 5 (1) THE SCHOOL PERIODICALLY APPLIES PESTICIDES INDOORS AND 6 ON SCHOOL GROUNDS. 7 (2) INFORMATION ON THE APPLICATION OF PESTICIDES IS 8 AVAILABLE AT THE REQUEST OF THE PARENTS OR GUARDIANS. 9 (D) THE STATE BOARD OF EDUCATION SHALL ESTABLISH BY 10 REGULATION PROCEDURES FOR EMERGENCY PESTICIDE APPLICATIONS FOR 11 WHICH THE REQUIRED NOTIFICATION IN SUBSECTIONS (A) AND (B) SHALL 12 BE WAIVED. THE REGULATIONS SHALL INCLUDE THE FOLLOWING: 13 (1) EMERGENCY PESTICIDE APPLICATIONS SHALL BE ALLOWED ONLY 14 IN THE EVENT OF AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF 15 STUDENTS AND EMPLOYES. 16 (2) BEFORE ANY EMERGENCY APPLICATION, STUDENTS AND EMPLOYES 17 SHALL VACATE THE PORTION OF THE BUILDING OR GROUNDS TO BE 18 TREATED. THE STUDENTS OR EMPLOYES SHALL NOT BE ALLOWED TO RETURN 19 TO THE TREATED PORTION OF THE BUILDING FOR AT LEAST TWENTY-FOUR 20 (24) HOURS FOLLOWING THE APPLICATION NOR TO THE TREATED PORTION 21 OF THE GROUNDS FOR AT LEAST FOUR (4) HOURS AFTER APPLICATION OR 22 UNTIL THE ESTABLISHED RE-ENTRY TIME SET BY THE ENVIRONMENTAL 23 PROTECTION AGENCY, WHICHEVER IS LONGER. 24 (3) SCHOOL OFFICIALS SHALL NOTIFY BY TELEPHONE ANY PARENTS 25 OR GUARDIANS WHO HAVE REQUESTED SUCH NOTIFICATION. SCHOOLS SHALL 26 ADVISE PARENTS OF THEIR RIGHT TO REQUEST NOTIFICATION OF 27 EMERGENCY PESTICIDE USE ON AN ANNUAL BASIS AND EXPLAIN 28 PROCEDURES FOR REQUESTING SUCH NOTIFICATION. 29 (E) EACH SCHOOL DISTRICT AND PRIVATE ELEMENTARY OR SECONDARY 30 SCHOOL SHALL MAINTAIN DETAILED RECORDS OF ALL CHEMICAL PEST 19970H0601B4190 - 12 -
1 CONTROL TREATMENTS FOR A PERIOD OF AT LEAST SEVEN (7) YEARS SO 2 THAT CHRONIC HEALTH PROBLEMS SUFFERED BY SCHOOL PERSONNEL AND 3 STUDENTS CAN BE MONITORED. 4 (F) THE BOARD OF SCHOOL DIRECTORS OF EACH PUBLIC SCHOOL 5 DISTRICT AND THE GOVERNING BOARDS OF PRIVATE SCHOOLS SHALL, ON 6 OR BEFORE SEPTEMBER 1, 1999, ADOPT AN INTEGRATED PEST MANAGEMENT 7 PLAN THAT INCORPORATES THE STANDARDS DEVELOPED BY THE 8 SECRETARIES OF EDUCATION AND AGRICULTURE. 9 (G) THE SECRETARIES OF EDUCATION AND AGRICULTURE, WITH THE 10 ASSISTANCE OF THE BOARD, SHALL DEVELOP AND ADOPT STANDARDS FOR 11 THE INTEGRATED PEST MANAGEMENT PLAN NO LATER THAN MARCH 1, 1999. 12 THE SECRETARIES SHALL ALSO PREPARE MODEL INTEGRATED PEST 13 MANAGEMENT PLANS AND SAMPLE MATERIALS FOR USE BY SCHOOLS IN 14 DEVELOPING AND ADOPTING THEIR INTEGRATED PEST MANAGEMENT PLANS. 15 IN DEVELOPING STANDARDS FOR THE INTEGRATED PEST MANAGEMENT PLAN, 16 THE BOARD SHALL CONSULT WITH A PERSON WHO IS KNOWLEDGEABLE IN 17 THE AREA OF INTEGRATED PEST MANAGEMENT IN SCHOOLS. THE STANDARDS 18 SHALL INCLUDE THE FOLLOWING: 19 (1) A REQUIREMENT THAT THE LEAST TOXIC METHODS AVAILABLE TO 20 CONTROL PESTS, RODENTS, INSECTS AND WEEDS BE USED. 21 (2) A HIERARCHY OF TREATMENTS THAT SCHOOLS SHALL USE IN 22 CONTROLLING PESTS, RODENTS, INSECTS AND WEEDS. 23 (3) A UNIFORM PEST CONTROL SIGN TO BE UTILIZED IN SCHOOL 24 BUILDINGS WHICH MEETS THE REQUIREMENTS OF THIS SECTION. 25 (H) (1) THE SECRETARY SHALL REQUIRE THAT A PESTICIDE MAY BE 26 APPLIED IN A SCHOOL BUILDING ONLY DURING PERIODS IN WHICH 27 STUDENTS ARE NOT EXPECTED TO USE THE BUILDING FOR NORMAL 28 ACADEMIC INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES FOR 29 AT LEAST TWENTY-FOUR (24) HOURS FOLLOWING THE APPLICATION. 30 (2) THE SECRETARY SHALL ALSO REQUIRE THAT A PESTICIDE MAY BE 19970H0601B4190 - 13 -
1 APPLIED ON SCHOOL GROUNDS ONLY DURING PERIODS IN WHICH STUDENTS 2 ARE NOT EXPECTED TO USE THE TREATED PORTION OF THE GROUNDS FOR 3 NORMAL ACADEMIC INSTRUCTION OR ORGANIZED EXTRACURRICULAR 4 ACTIVITIES FOR AT LEAST FOUR (4) HOURS FOLLOWING THE APPLICATION 5 OR UNTIL THE ESTABLISHED RE-ENTRY TIME SET BY THE ENVIRONMENTAL 6 PROTECTION AGENCY, WHICHEVER IS LONGER. THE STATE BOARD OF 7 EDUCATION SHALL ESTABLISH BY REGULATION STANDARDS FOR PESTICIDE 8 APPLICATION ON SCHOOL GROUNDS, INCLUDING, BUT NOT LIMITED TO, 9 THE BUFFER AREAS AROUND THE TREATED PORTION OF THE GROUNDS IN 10 WHICH STUDENTS WILL NOT BE PERMITTED FOR AT LEAST FOUR (4) HOURS 11 AFTER APPLICATION OR UNTIL THE ESTABLISHED RE-ENTRY TIME SET BY 12 THE ENVIRONMENTAL PROTECTION AGENCY, WHICHEVER IS LONGER. 13 (3) IF A PORTION OF A SCHOOL BUILDING HAVING A SEPARATE 14 VENTILATION SYSTEM WHICH IS SEPARATED FROM THE REMAINDER OF THE 15 BUILDING BY SMOKE OR FIRE DOORS IS TREATED WITH A PESTICIDE, THE 16 TWENTY-FOUR (24) HOUR WAITING PERIOD ESTABLISHED UNDER PARAGRAPH 17 (1) SHALL APPLY ONLY FOR THE TREATED PORTION OF THE BUILDING. 18 STUDENTS SHALL NOT BE PRESENT FOR NORMAL ACADEMIC INSTRUCTION OR 19 ORGANIZED EXTRACURRICULAR ACTIVITIES FOR AT LEAST TWELVE (12) 20 HOURS IN THE UNTREATED PORTION OF THE BUILDING. ACCESS TO THE 21 TREATED PORTION OF THE BUILDING, PLUS A BUFFER ZONE AS 22 PRESCRIBED BY THE SECRETARY, SHALL BE RESTRICTED FOR TWENTY-FOUR 23 (24) HOURS. IN ALL SUCH APPLICATIONS, THE SCHOOL SHALL MAKE 24 EVERY EFFORT TO PREVENT THE PESTICIDE FROM MIGRATING INTO THE 25 UNTREATED PORTION OF THE BUILDING, INCLUDING SEALING DOORS AND 26 WINDOWS FROM THE TREATED PORTION OF THE BUILDING. 27 (4) UNDER NO CIRCUMSTANCES SHALL PESTICIDES BE APPLIED IN A 28 SCHOOL BUILDING OR ON SCHOOL GROUNDS WHEN STUDENTS ARE PRESENT 29 IN THE SCHOOL BUILDING OR ON SCHOOL GROUNDS FOR NORMAL ACADEMIC 30 INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES, EXCEPT AS 19970H0601B4190 - 14 -
1 PROVIDED IN SUBSECTION (D). 2 (5) THE STATE BOARD OF EDUCATION SHALL PROMULGATE 3 REGULATIONS WHICH ESTABLISH PROCEDURES FOR PESTICIDE 4 APPLICATIONS IN SCHOOL BUILDINGS AND ON SCHOOL GROUNDS OF 5 SCHOOLS IN WHICH STUDENTS ARE IN RESIDENCE. 6 (I) (1) DISINFECTANT AND ANTIMICROBIAL PRODUCTS SHALL BE 7 EXEMPTED FROM THE NOTIFICATION AND RECORDKEEPING REQUIREMENTS OF 8 SUBSECTIONS (A) AND (E) AND THE RESTRICTIONS ON APPLICATION IN 9 SUBSECTION (H). 10 (2) APPLICATION OF SELF-CONTAINED BAIT PACKAGES PLACED IN 11 AREAS NOT ACCESSIBLE TO STUDENTS SHALL BE EXEMPTED FROM THE 12 NOTIFICATION AND RESTRICTION ON APPLICATION REQUIREMENTS OF 13 SUBSECTIONS (A) AND (H). 14 (J) THE COMMONWEALTH SHALL REIMBURSE A SCHOOL DISTRICT FOR 15 INCREASED COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS ACT 16 IF THE SCHOOL DISTRICT CAN DEMONSTRATE THAT THE ACT HAS 17 INCREASED TOTAL PEST CONTROL COSTS FOR THE DISTRICT, AFTER 18 ADJUSTING FOR SAVINGS FROM REDUCED PESTICIDE USE. COSTS FOR 19 BUILDING AND GROUNDS MAINTENANCE ARE NOT ELIGIBLE FOR 20 REIMBURSEMENT. COSTS FOR FIRST CLASS MAILINGS OF NOTICES TO 21 PARENTS ARE NOT ELIGIBLE FOR REIMBURSEMENT UNLESS A DISTRICT CAN 22 DEMONSTRATE A COMPELLING NEED TO USE OTHER THAN NORMAL SCHOOL 23 COMMUNICATIONS TO NOTIFY PARENTS IN A TIMELY FASHION. THE STATE 24 BOARD OF EDUCATION SHALL ESTABLISH STANDARDS BY REGULATION WHICH 25 WILL SPECIFY REASONABLE COSTS ELIGIBLE FOR REIMBURSEMENT, A 26 SCHEDULE FOR SUBMISSION OF REIMBURSEMENT REQUESTS BY SCHOOL 27 DISTRICTS AND PROCEDURES FOR REVIEW AND VERIFICATION OF 28 REIMBURSEMENT REQUESTS. 29 (K) THE SECRETARY OF AGRICULTURE MAY PROMULGATE REGULATIONS 30 WHICH DESIGNATE CERTAIN TYPES OF APPLICATORS USING ANY PESTICIDE 19970H0601B4190 - 15 -
1 ON THEIR OWN PROPERTY OR THAT OF THEIR EMPLOYER AS COMMERCIAL 2 APPLICATORS UNDER THIS SECTION. 3 (L) THE STATE BOARD OF EDUCATION SHALL PROMULGATE 4 REGULATIONS WHICH DEFINE A PERIMETER TREATMENT AND ADOPT THE 5 DEFINITIONS PROVIDED BY FEDERAL LAW FOR THE PURPOSE OF INDOOR 6 PESTICIDE TREATMENT. 7 (M) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS 8 SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION 9 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 10 "APPLICATOR." A CERTIFIED APPLICATOR, PRIVATE APPLICATOR, 11 COMMERCIAL APPLICATOR OR PUBLIC APPLICATOR. 12 "BOARD." THE PESTICIDE ADVISORY BOARD OF THE DEPARTMENT OF 13 AGRICULTURE OF THE COMMONWEALTH. 14 "CERTIFIED APPLICATOR." AN INDIVIDUAL WHO IS CERTIFIED UNDER 15 SECTION 16.1, 17 OR 17.1 OF THE ACT OF MARCH 1, 1974 (P.L.90, 16 NO.24), KNOWN AS THE "PENNSYLVANIA PESTICIDE CONTROL ACT OF 17 1973," AS COMPETENT TO USE OR SUPERVISE THE USE OR APPLICATION 18 OF ANY PESTICIDE. 19 "COMMERCIAL APPLICATOR." A CERTIFIED APPLICATOR, WHETHER OR 20 NOT HE IS A PRIVATE APPLICATOR WITH RESPECT TO SOME USES, WHO 21 USES OR SUPERVISES THE USE OF ANY PESTICIDE ON THE PROPERTY OR 22 PREMISES OF ANOTHER OR ON EASEMENTS GRANTED UNDER STATE LAW, OR 23 ANY APPLICATOR WHO USES OR SUPERVISES THE USE OF ANY RESTRICTED- 24 USE PESTICIDE ON PROPERTY OWNED OR RENTED BY HIM OR HIS 25 EMPLOYER, WHEN NOT FOR PURPOSES OF PRODUCING AN AGRICULTURAL 26 PRODUCT. THE TERM SHALL ALSO INCLUDE ANY TYPE OF APPLICATOR 27 DESIGNATED BY THE SECRETARY OF AGRICULTURE UNDER SUBSECTION (K). 28 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE 29 COMMONWEALTH. 30 "INDOOR PESTICIDE TREATMENT." A PESTICIDE TREATMENT THAT 19970H0601B4190 - 16 -
1 INCLUDES AN OUTSIDE PERIMETER TREATMENT OF THE BUILDING IF THE 2 PRIMARY PURPOSE OF THE TREATMENT IS TO TREAT THE INSIDE OF THE 3 BUILDING. 4 "INSECT." ANY OF THE NUMEROUS SMALL INVERTEBRATE ANIMALS 5 GENERALLY HAVING A MORE OR LESS OBVIOUSLY SEGMENTED BODY, FOR 6 THE MOST PART BELONGING TO THE CLASS INSECTA, COMPRISING SIX- 7 LEGGED, USUALLY WINGED FORMS, AS, FOR EXAMPLE, BEETLES, BUGS, 8 BEES AND FLIES, AND TO OTHER ALLIED CLASSES OF ARTHROPODS WHOSE 9 MEMBERS ARE WINGLESS AND USUALLY HAVE MORE THAN SIX LEGS, AS, 10 FOR EXAMPLE, SPIDERS, MITES, TICKS, CENTIPEDES AND WOOD LICE. 11 "INTEGRATED PEST MANAGEMENT PLAN." A DECISION-MAKING PROCESS 12 WHICH INCLUDES INSPECTION AND PEST IDENTIFICATION, MONITORING OF 13 PEST AND BENEFICIAL INSECT POPULATIONS AND RECORDKEEPING OF 14 SAME, INJURY-LEVEL ASSESSMENT TO DETERMINE WHEN TREATMENT IS 15 NEEDED, TREATMENT SELECTION AND APPLICATION WITH PEST PREVENTION 16 METHODS, SUCH AS HABITAT MODIFICATION AND SANITATION MEASURES, 17 AND NONTOXIC CONTROLS BEING THE PRIMARY SELECTIONS, AND 18 EVALUATION OF RESULTS. 19 "NEMATODE." INVERTEBRATE ANIMALS OF THE PHYLUM 20 NEMATHELMINTHES AND CLASS NEMATODA, THAT IS, UNSEGMENTED ROUND 21 WORMS WITH ELONGATED, FUSIFORM OR SAC-LIKE BODIES COVERED WITH 22 CUTICLE AND INHABITING SOIL, WATER, PLANTS OR PLANT PARTS; MAY 23 ALSO BE CALLED NEMAS OR EELWORMS. 24 "OUTDOOR PESTICIDE TREATMENT." AN OUTDOOR PESTICIDE 25 TREATMENT THAT IS APPLIED ANYWHERE ON THE SCHOOL GROUNDS, 26 INCLUDING, BUT NOT LIMITED TO, ATHLETIC FIELDS OR PLAYGROUNDS. 27 "PERSON." AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION, 28 CORPORATION OR ANY ORGANIZED GROUP OF PERSONS, WHETHER 29 INCORPORATED OR NOT. 30 "PEST." AN INSECT, RODENT, NEMATODE, FUNGUS, WEED OR OTHER 19970H0601B4190 - 17 -
1 FORM OF TERRESTRIAL OR AQUATIC PLANT OR ANIMAL LIFE OR VIRUS, 2 BACTERIA OR OTHER MICRO-ORGANISM, EXCEPT VIRUSES, BACTERIA OR 3 OTHER MICRO-ORGANISMS ON OR IN LIVING MAN OR OTHER LIVING 4 ANIMALS, DECLARED TO BE A PEST UNDER SECTION 25(C)(1) OF THE 5 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (61 STAT. 6 163, 7 U.S.C. § 136 ET SEQ.). 7 "PEST CONTROL INFORMATION SHEET." A DOCUMENT WHICH CONTAINS 8 THE DATE OF TREATMENT, THE NAME, ADDRESS AND TELEPHONE NUMBER OF 9 THE APPLICATOR, THE PESTICIDE UTILIZED AND ANY OTHER INFORMATION 10 THAT IS REQUIRED BY THE SECRETARY OF AGRICULTURE. 11 "PESTICIDE." A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED 12 FOR PREVENTING, DESTROYING, REPELLING OR MITIGATING ANY PEST AND 13 A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT 14 REGULATOR, DEFOLIANT OR DESICCANT. 15 "PESTICIDE APPLICATION TECHNICIAN." AN INDIVIDUAL EMPLOYED 16 BY A COMMERCIAL APPLICATOR OR GOVERNMENTAL AGENCY WHO, HAVING 17 MET THE COMPETENCY REQUIREMENTS AS SET FORTH IN THE ACT OF MARCH 18 1, 1974 (P.L.90, NO.24), KNOWN AS THE "PENNSYLVANIA PESTICIDE 19 CONTROL ACT OF 1973," IS REGISTERED BY THE SECRETARY OF 20 AGRICULTURE TO APPLY ANY PESTICIDES UNDER THE DIRECT SUPERVISION 21 OF A CERTIFIED APPLICATOR. 22 "PRIVATE APPLICATOR." A CERTIFIED APPLICATOR WHO USES OR 23 SUPERVISES THE USE OF ANY PESTICIDE WHICH IS CLASSIFIED FOR 24 RESTRICTED USE FOR PURPOSES OF PRODUCING ANY AGRICULTURAL 25 COMMODITY ON PROPERTY OWNED OR RENTED BY HIM OR HIS EMPLOYER OR, 26 IF APPLIED WITHOUT COMPENSATION OTHER THAN TRADING OF PERSONAL 27 SERVICES BETWEEN PRODUCERS OF AGRICULTURAL COMMODITIES, ON THE 28 PROPERTY OF ANOTHER PERSON. 29 "PUBLIC APPLICATOR." A CERTIFIED APPLICATOR WHO APPLIES 30 PESTICIDES AS AN EMPLOYE OF THE COMMONWEALTH OR ITS 19970H0601B4190 - 18 -
1 INSTRUMENTALITIES OR ANY LOCAL AGENCY. 2 "SCHOOL." A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL 3 WHEREIN A RESIDENT OF THIS COMMONWEALTH MAY FULFILL THE 4 COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS AND WHICH MEETS THE 5 APPLICABLE REQUIREMENTS OF TITLE IV OF THE CIVIL RIGHTS ACT OF 6 1964 (PUBLIC LAW 88-352, 78 STAT. 241). THE TERM ALSO INCLUDES A 7 KINDERGARTEN PROGRAM OPERATED BY A SCHOOL. 8 "SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH. 9 SECTION 4. SECTION 672.1 OF THE ACT, AMENDED NOVEMBER 20, <-- 10 1979 (P.L.465, NO.97), IS AMENDED TO READ: 11 SECTION 672.1. SCHOOL DISTRICTS LYING IN MORE THAN ONE 12 COUNTY OR IN MORE THAN ONE MUNICIPALITY; LIMITATION ON TOTAL TAX 13 REVENUES.--(A) WHENEVER A SCHOOL DISTRICT SHALL LIE IN MORE 14 THAN ONE COUNTY, THE TOTAL TAXES LEVIED ON REAL ESTATE WITHIN 15 THE SCHOOL DISTRICT IN EACH COUNTY SHALL BE SUBJECT TO: 16 (1) THE LIMITATION THAT THE RATIO WHICH SUCH TOTAL TAXES 17 BEARS TO THE MOST RECENT VALUATION OF THE SAME PROPERTIES BY THE 18 STATE TAX EQUALIZATION BOARD SHALL BE UNIFORM IN ALL OF THE 19 COUNTIES, AND THE SCHOOL DISTRICT SHALL ADJUST ITS RATE OF 20 TAXATION APPLICABLE TO THE PORTION OF THE DISTRICT IN EACH 21 COUNTY TO THE EXTENT NECESSARY TO ACHIEVE SUCH UNIFORMITY; OR 22 [(B) AS] (2) AS AN ALTERNATIVE TO THE METHOD PROVIDED IN 23 [SUBSECTION (A)] CLAUSE (1) OR (3), WHENEVER A SCHOOL DISTRICT 24 SHALL LIE IN MORE THAN ONE COUNTY THE BOARD OF ASSESSMENT AND 25 REVISION OF TAXES IN ANY OF THE COUNTIES OR ALL OF THE COUNTIES 26 IN WHICH THE SCHOOL DISTRICT IS LOCATED SHALL, AT THE REQUEST OF 27 THE SCHOOL DIRECTORS OF THE DISTRICT, FURNISH THE MARKET VALUE 28 OF EACH PARCEL OF PROPERTY ON THE TAX ROLL REQUIRED TO BE 29 FURNISHED TO THE SCHOOL DIRECTORS UNDER ANY ASSESSMENT LAW OF 30 THE COMMONWEALTH. THE MARKET VALUE OF EACH PARCEL SHALL BE (I) 19970H0601B4190 - 19 -
1 THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE LATEST RATIO 2 OF ASSESSED VALUE TO MARKET VALUE IN THE MUNICIPALITY AS 3 DETERMINED BY THE STATE TAX EQUALIZATION BOARD, OR, (II) AT THE 4 OPTION OF THE SCHOOL DISTRICT, THE MARKET VALUE OF EACH PARCEL 5 SHALL BE THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE 6 LATEST RATIO OF ASSESSED VALUE TO MARKET VALUE AS DETERMINED BY 7 THE STATE TAX EQUALIZATION BOARD IN THE AGGREGATE OF ALL 8 MUNICIPALITIES OF THE SCHOOL DISTRICT WITHIN THE COUNTY, OR 9 (III) AT THE OPTION OF THE SCHOOL DISTRICT WHERE THERE ARE TWO 10 OR MORE RATIOS OF ASSESSED VALUE TO MARKET VALUE, THE SCHOOL 11 DIRECTORS OF THAT SCHOOL DISTRICT SHALL SELECT THE LOWEST OF THE 12 RATIOS FOR A UNIFORM ASSESSED VALUE TO MARKET VALUE THROUGHOUT 13 THE SCHOOL DISTRICT, OR (IV) AT THE OPTION OF THE SCHOOL 14 DISTRICT WHERE SUCH SCHOOL DISTRICT IS LOCATED IN A HOME RULE 15 COUNTY, THE SCHOOL DIRECTORS OF THAT SCHOOL DISTRICT MAY USE THE 16 COUNTY ASSESSMENTS. [THE] UNDER THIS CLAUSE, THE SCHOOL 17 DIRECTORS SHALL SET A TAX RATE BASED UPON A PERCENTAGE NOT 18 EXCEEDING SEVENTY-FIVE (75) PER CENTUM OF SUCH MARKET VALUES 19 WHICH SHALL BE UNIFORM THROUGHOUT THE DISTRICT[.]; OR 20 (3) AS AN ALTERNATIVE TO THE METHODS PROVIDED IN CLAUSES (1) 21 AND (2), WHENEVER A SCHOOL DISTRICT SHALL LIE IN MORE THAN ONE 22 COUNTY, THE SCHOOL DIRECTORS OF THE DISTRICT MAY SET THE MILLAGE 23 AT A UNIFORM RATE FOR THE ENTIRE DISTRICT, IF THE COUNTIES ARE 24 ASSESSED AT ONE HUNDRED (100) PER CENTUM OF THE MARKET VALUE AND 25 THE COUNTIES ARE USING THE SAME BASE YEAR FOR ASSESSED VALUE AND 26 MARKET VALUE. 27 [(C)] (B) IN THE EVENT A SCHOOL DISTRICT OR PART THEREOF 28 LOCATED WITHIN ONE COUNTY IS COMPOSED OF TWO OR MORE MUNICIPAL 29 GOVERNMENTS AT LEAST ONE OF WHICH LEVIES PROPERTY TAXES UPON 30 ASSESSMENTS MADE FOR COUNTY TAX PURPOSES AND AT LEAST ONE OF 19970H0601B4190 - 20 -
1 WHICH UTILIZES SEPARATE ASSESSMENTS MADE FOR MUNICIPAL TAX 2 PURPOSES, THE PROPERTY TAX LEVY FOR SCHOOL DISTRICT PURPOSES 3 SHALL BE EQUALIZED BY EITHER OF THE METHODS PRESCRIBED IN 4 [SUBSECTIONS (A) OR (B)] SUBSECTION (A)(1) OR (2). IF THE FORMER 5 METHOD IS ADOPTED, THE RATIO WHICH THE TOTAL TAXES LEVIED IN 6 EACH PART OF THE SCHOOL DISTRICT BEARS TO THE MOST RECENT 7 VALUATION OF THE SAME PROPERTIES BY THE STATE TAX EQUALIZATION 8 BOARD SHALL BE UNIFORM; IF THE LATTER METHOD IS ADOPTED, THE 9 MARKET VALUE OF EACH PARCEL OF PROPERTY ON THE TAX ROLL SHALL BE 10 (I) IN THE CASE OF THE ASSESSMENT MADE FOR COUNTY TAX PURPOSES, 11 THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE LATEST RATIO 12 OF ASSESSED VALUE TO MARKET VALUE FOR THAT PORTION OF THE SCHOOL 13 DISTRICT AS DETERMINED BY THE STATE TAX EQUALIZATION BOARD AND, 14 (II) IN THE CASE OF THE SEPARATE ASSESSMENT FOR MUNICIPAL TAX 15 PURPOSES, THE QUOTIENT OF THE ASSESSED VALUE DIVIDED BY THE 16 PRODUCT OF THE LATEST RATIO OF ASSESSED VALUE TO MARKET VALUE IN 17 THE MUNICIPALITY AS DETERMINED BY THE STATE TAX EQUALIZATION 18 BOARD AND THE RATIO OF THE TOTAL ASSESSED VALUATION OF THE SAME 19 PROPERTIES FOR MUNICIPAL TAX PURPOSES TO THE TOTAL ASSESSED 20 VALUATION OF SAID PROPERTIES FOR COUNTY TAX PURPOSES: PROVIDED, 21 HOWEVER, THAT THE TAXPAYERS OF NO MUNICIPALITY OR POLITICAL 22 SUBDIVISION WITHIN A SCHOOL DISTRICT SHALL PAY AN AGGREGATE 23 AMOUNT IN SCHOOL PROPERTY TAXES WHICH, AS A PERCENTAGE OF TOTAL 24 SCHOOL PROPERTY TAXES, SHALL EXCEED THE RATIO OF ITS MARKET 25 VALUE TO THE TOTAL MARKET VALUE OF THE SCHOOL DISTRICT AS 26 DETERMINED BY THE STATE TAX EQUALIZATION BOARD. 27 [(D)] (C) WHENEVER A REVISION OF ASSESSMENT IS COMPLETED IN 28 ANY PORTION OF A SCHOOL DISTRICT AND THE REVISED ASSESSMENTS ARE 29 TO BE USED FOR SCHOOL TAX PURPOSES THE METHOD PRESCRIBED IN 30 SUBSECTION [(B)] (A)(2) ABOVE TO EQUALIZE SCHOOL PROPERTY TAX 19970H0601B4190 - 21 -
1 LEVIES SHALL NOT BE USED UNTIL THE LATEST RATIO OF ASSESSED 2 VALUE TO MARKET VALUE AS DETERMINED BY THE STATE TAX 3 EQUALIZATION BOARD FOR THAT PORTION OF THE SCHOOL DISTRICT IS 4 BASED UPON THE REVISED ASSESSMENTS. 5 SECTION 5. SECTION 785 OF THE ACT, AMENDED MARCH 28, 1994 6 (P.L.117, NO.12), IS AMENDED TO READ: 7 SECTION 785. FAILURE TO PAY RENT OR MAKE PAYMENTS; 8 WITHHOLDING APPROPRIATION.--(A) IN ALL CASES WHERE THE BOARD OF 9 DIRECTORS OF ANY SCHOOL DISTRICT FAILS TO PAY OR TO PROVIDE FOR 10 THE PAYMENT OF ANY RENTAL, PAYMENT OR RENTALS OR PAYMENTS DUE 11 THE STATE PUBLIC SCHOOL BUILDING AUTHORITY FOR ANY PERIOD IN 12 ACCORDANCE WITH THE TERMS OF ANY LEASE, LOAN AGREEMENT OR OTHER 13 LENDING INSTRUMENT OR CONTRACT, ENTERED INTO UNDER THE TERMS OF 14 SUBDIVISION (F) OF THIS ARTICLE, UPON WRITTEN NOTICE THEREOF 15 FROM THE AUTHORITY, THE SECRETARY OF EDUCATION SHALL NOTIFY SUCH 16 BOARD OF SCHOOL DIRECTORS OF ITS OBLIGATION AND SHALL WITHHOLD 17 OUT OF ANY STATE APPROPRIATION DUE SUCH SCHOOL DISTRICT AN 18 AMOUNT EQUAL TO THE AMOUNT OF THE RENTAL, PAYMENT OR RENTALS OR 19 PAYMENTS OWING BY SUCH SCHOOL DISTRICT TO THE STATE PUBLIC 20 SCHOOL BUILDING AUTHORITY AND SHALL PAY OVER THE AMOUNT SO 21 WITHHELD TO THE AUTHORITY IN PAYMENT OF THE RENTAL OR PAYMENT. 22 (B) IN ORDER TO PROVIDE ADDITIONAL SECURITY FOR THE PROMPT 23 PAYMENT IN FULL OF ANY RENTALS OR LOAN CONTRACT PAYMENTS BY 24 SCHOOL DISTRICTS TO THE STATE PUBLIC SCHOOL BUILDING AUTHORITY, 25 THE SCHOOL DISTRICT FOR WHOM THE STATE PUBLIC SCHOOL BUILDING 26 AUTHORITY HAS ISSUED ITS BONDS, NOTES OR OTHER OBLIGATIONS IS 27 AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE STATE TREASURER 28 WHICH PROVIDES FOR THE WITHHOLDING OF ANY STATE APPROPRIATION 29 DUE SUCH SCHOOL DISTRICT AND THE PAYMENT DIRECTLY TO THE STATE 30 PUBLIC SCHOOL BUILDING AUTHORITY IN FULL SATISFACTION OF SUCH 19970H0601B4190 - 22 -
1 RENTALS OR LOAN CONTRACT PAYMENTS DUE FROM THE SCHOOL DISTRICT 2 DURING THE FISCAL YEAR. 3 SECTION 2 6. THE ACT IS AMENDED BY ADDING AN ARTICLE TO <-- 4 READ: 5 ARTICLE XIX-D. 6 COMMUNITY EDUCATION COUNCILS. 7 SECTION 1901-D. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE: 8 (1) "COMMUNITY EDUCATION COUNCIL" OR "CEC." A NONPROFIT 9 EDUCATIONAL ORGANIZATION, GOVERNED BY A COMMUNITY-BASED BOARD OF 10 DIRECTORS, WHICH SERVES TO PROVIDE ACCESS TO POST-SECONDARY 11 EDUCATION AND TRAINING RESOURCES FOR CITIZENS IN EDUCATIONALLY 12 UNDERSERVED AREAS OF THIS COMMONWEALTH. 13 (2) "DIRECT COST." THE COST OF OPERATION, INCLUDING, BUT <-- 14 NOT LIMITED TO, PERSONNEL, RENT, UTILITIES, INSURANCE, SUPPLIES, 15 EQUIPMENT AND TECHNOLOGY NEEDS, STAFF DEVELOPMENT, MARKETING, 16 MAINTENANCE AND INSTRUCTIONAL SERVICES. 17 (2) (3) "EDUCATIONALLY UNDERSERVED AREA." AN AREA <-- 18 DESIGNATED BY THE SECRETARY OF EDUCATION OF THE COMMONWEALTH AS 19 AN ADULT EDUCATION, CONTINUING EDUCATION AND/OR POST-SECONDARY 20 EDUCATION SHORTAGE AREA USING CRITERIA WHICH TAKE INTO ACCOUNT 21 SPECIAL BARRIERS TO THE PROVISION OF EDUCATION SERVICES. 22 (4) "INSTITUTIONALLY NEUTRAL." HAVING NO EXCLUSIVE LEGAL <-- 23 AFFILIATION WITH ANY PROVIDER OF POSTSECONDARY EDUCATION OR A 24 BRANCH CAMPUS, BRANCH LOCATION OR OUTREACH CENTER OF A PROVIDER 25 OF POSTSECONDARY EDUCATION. THIS TERM SHALL APPLY TO ALL 26 COMMUNITY EDUCATION COUNCILS AND FOUNDATIONS ESTABLISHED AFTER 27 JUNE 30, 1999. 28 (3) (5) "POST-SECONDARY EDUCATION RESOURCES." THE TERM <-- 29 INCLUDES, BUT IS NOT LIMITED TO, AREA VOCATIONAL-TECHNICAL 30 SCHOOLS, DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION 19970H0601B4190 - 23 -
1 ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY THE FEDERAL 2 GOVERNMENT, INSTITUTIONS LICENSED UNDER THE ACT OF DECEMBER 15, 3 1986 (P.L.1585, NO.174), KNOWN AS THE "PRIVATE LICENSED SCHOOLS 4 ACT", PROFESSIONAL, VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR 5 LICENSURE PROGRAMS, AND EDUCATIONAL TECHNOLOGY. 6 (4) (6) "SECRETARY." THE SECRETARY OF EDUCATION OF THE <-- 7 COMMONWEALTH. 8 SECTION 1902-D. POWERS AND DUTIES OF SECRETARY OF <-- 9 EDUCATION.--(A) FOR ANYONE SUBMITTING AN APPLICATION TO 10 ESTABLISH A COMMUNITY EDUCATION COUNCIL AFTER JUNE 30, 1998, THE 11 SECRETARY SHALL EITHER APPROVE OR DISAPPROVE SUCH APPLICATION 12 PRIOR TO THE COUNCIL BEING ELIGIBLE TO RECEIVE STATE FUNDING. 13 THE APPLICATION SHALL INCLUDE AN EDUCATION PLAN, A STATISTICAL 14 ASSESSMENT OF THE STUDENT SERVICE AREA AND THE EDUCATIONAL NEEDS 15 THEREOF, AND A DEMONSTRATION OF FISCAL SUPPORT AND STABILITY. 16 (B) THE SECRETARY MAY REVOKE THE APPROVAL OF A COUNCIL IF 17 THE COUNCIL FAILS TO MEET THE CRITERIA ESTABLISHED UNDER THIS 18 SECTION. THE APPROVAL OF A COUNCIL SHALL REMAIN IN EFFECT UNLESS 19 REVOKED BY THE SECRETARY. 20 SECTION 1902-D 1903-D. POWERS AND DUTIES OF COMMUNITY <-- 21 EDUCATION COUNCIL.--(A) COMMUNITY EDUCATION COUNCILS SHALL 22 IDENTIFY, IMPLEMENT AND OVERSEE NEW OR INNOVATIVE EFFORTS TO 23 PROVIDE ACCESS TO POST-SECONDARY EDUCATION OPPORTUNITIES IN 24 EDUCATIONALLY UNDERSERVED COMMUNITIES WITHIN THIS COMMONWEALTH. 25 (B) POST-SECONDARY EDUCATIONAL OPPORTUNITIES MAY INCLUDE, 26 BUT ARE NOT LIMITED TO, ANY OF THE FOLLOWING: 27 (1) PROGRAMS, COURSES OR CLASSES LEADING TO PROFESSIONAL, 28 VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR LICENSURE, AN 29 ASSOCIATE DEGREE, A BACHELOR'S DEGREE OR A MASTER'S DEGREE. 30 (2) GED PREPARATION. 19970H0601B4190 - 24 -
1 (3) SKILL DEVELOPMENT OR SKILL ENHANCEMENT FOR THE COMMUNITY 2 WORK FORCE. 3 (4) CUSTOMIZED JOB TRAINING FOR COMMUNITY EMPLOYERS. 4 (C) COMMUNITY EDUCATION COUNCILS SHALL ALSO ASSIST IN THE 5 PROVISION OF RESOURCES AND SERVE AS A VEHICLE FOR EMPLOYMENT 6 OPPORTUNITIES WHICH MEET THE COMMUNITY'S CURRENT AND FUTURE 7 ECONOMIC DEVELOPMENT NEEDS. 8 SECTION 1903-D 1904-D. POWERS AND DUTIES OF BOARD OF <-- 9 DIRECTORS.--(A) A COMMUNITY EDUCATION COUNCIL ESTABLISHED UNDER 10 THIS ARTICLE SHALL BE ADMINISTERED AND SUPERVISED BY A 11 COMMUNITY-BASED BOARD OF DIRECTORS. 12 (B) THE BOARD OF DIRECTORS SHALL, FOR PURPOSES OF OPERATING 13 AND MAINTAINING A COMMUNITY EDUCATION COUNCIL, HAVE THE 14 FOLLOWING POWERS AND DUTIES: 15 (1) TO HOLD, RENT, LEASE, SELL, PURCHASE AND IMPROVE 16 BUILDINGS, FURNISHINGS, EQUIPMENT, MATERIALS, BOOKS AND 17 SUPPLIES. 18 (2) TO ENTER INTO CONTRACTS OR AGREEMENTS FOR SERVICES WITH 19 POST-SECONDARY INSTITUTIONS, OTHER EDUCATIONAL PROVIDERS OR 20 LOCAL GOVERNMENT AGENCIES IN ORDER TO CARRY OUT THE INTENT AND 21 PURPOSES OF THIS ARTICLE. 22 (3) TO ACCEPT AND RECEIVE GIFTS OF REAL AND PERSONAL 23 PROPERTY. 24 (4) TO APPLY FOR FEDERAL, STATE AND LOCAL FUNDS AND GRANTS 25 AND TO EXPEND FUNDS OBTAINED FROM THESE SOURCES. 26 (5) TO DETERMINE THE NEEDS AND ASPIRATIONS OF POTENTIAL 27 STUDENTS AND EMPLOYERS IN THE COMMUNITY. 28 (6) TO MAKE POLICIES PROVIDING FOR IDENTIFICATION OF 29 STUDENTS, PROGRAMS, COURSES OR CLASSES TO BE OFFERED AND ANY 30 OTHER MATTERS RELATED TO ADMINISTRATION OF THE COMMUNITY 19970H0601B4190 - 25 -
1 EDUCATION COUNCIL. 2 (7) TO HIRE EMPLOYES TO CONDUCT THE DAY-TO-DAY OPERATIONS 3 AND CARRY OUT THE POLICY OF THE BOARD. 4 (8) TO EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER 5 DUTIES AS ARE NECESSARY TO EFFECT THE INTENT AND PURPOSES OF 6 THIS ARTICLE. NOTHING IN THIS ACT SHALL AUTHORIZE ANY DEGREE- 7 GRANTING. 8 SECTION 1904-D. STATE GRANTS.--THE SECRETARY MAY AWARD <-- 9 GRANTS TO ELIGIBLE COMMUNITY EDUCATION COUNCILS TO ASSIST THEM 10 IN PROVIDING INDIVIDUALS AND EMPLOYERS IN EDUCATIONALLY 11 UNDERSERVED COMMUNITIES IN THIS COMMONWEALTH WITH ACCESS TO 12 POST-SECONDARY EDUCATION OPPORTUNITIES. GRANTS MADE UNDER THIS 13 SECTION SHALL BE MADE FROM AND LIMITED TO FUNDS APPROPRIATED FOR 14 THIS PURPOSE. THE SECRETARY SHALL ESTABLISH ELIGIBILITY CRITERIA 15 WHICH COMMUNITY EDUCATION COUNCILS MUST ANNUALLY MEET IN ORDER 16 TO QUALIFY FOR ASSISTANCE UNDER THIS ARTICLE. HOWEVER, THOSE 17 COMMUNITY EDUCATION COUNCILS RECEIVING STATE ASSISTANCE DURING 18 THE 1997-1998 FISCAL YEAR SHALL BE DEEMED TO MEET THE 19 QUALIFICATIONS FOR FINANCIAL ASSISTANCE UNDER THIS ARTICLE. 20 PRIORITY FOR FINANCIAL ASSISTANCE DURING THE FIRST FISCAL YEAR 21 IN WHICH THIS ARTICLE BECOMES EFFECTIVE SHALL BE GIVEN TO THOSE 22 COMMUNITY EDUCATION COUNCILS, INCLUDING, BUT NOT LIMITED TO, THE 23 FOUNDATIONS SERVING BEDFORD AND SOMERSET COUNTIES, THAT RECEIVED 24 STATE ASSISTANCE DURING 1997-1998. 25 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. 26 SECTION 1905-D. STATE FUNDING.--(A) FUNDING ALLOCATED UNDER <-- 27 THIS SECTION SHALL BE ALLOCATED FROM AND LIMITED TO FUNDS 28 APPROPRIATED FOR THIS PURPOSE AND SHALL ONLY BE USED FOR DIRECT 29 COSTS FOR ANY INSTITUTION THAT PROVIDES COURSES WITHIN THE 30 COMMONWEALTH. 19970H0601B4190 - 26 -
1 (B) COMMUNITY EDUCATION COUNCILS WILL SUBMIT PROJECTED 2 EXPENDITURES TO THE SECRETARY OF EDUCATION FOR REVIEW PRIOR TO 3 ALLOCATION OF FUNDING. THE SECRETARY SHALL ESTABLISH ELIGIBILITY 4 CRITERIA WHICH COMMUNITY EDUCATION COUNCILS MUST ANNUALLY MEET 5 IN ORDER TO QUALIFY FOR ASSISTANCE UNDER THIS ARTICLE. 6 (C) THE SECRETARY, UPON CONSULTATION WITH APPROVED COUNCILS, 7 SHALL BE RESPONSIBLE FOR THE ALLOCATION AND DISTRIBUTION OF 8 STATE FUNDING AMONG COMMUNITY EDUCATION COUNCILS. PRIORITY FOR 9 FINANCIAL ASSISTANCE SHALL BE GIVEN TO THOSE COMMUNITY EDUCATION 10 COUNCILS AND THE FOUNDATIONS SERVING BEDFORD AND SOMERSET <-- 11 COUNTIES, THAT RECEIVED STATE ASSISTANCE DURING 1997-1998. 12 SECTION 7. SECTION 2005-A OF THE ACT IS AMENDED BY ADDING A 13 CLAUSE TO READ: 14 SECTION 2005-A. THE CHANCELLOR.--THE CHIEF EXECUTIVE OFFICER 15 OF THE SYSTEM SHALL BE A CHANCELLOR, WHO SHALL BE EMPLOYED BY 16 THE BOARD IN ACCORDANCE WITH CLAUSE (1) OF SECTION 2006-A. IN 17 ADDITION TO THOSE PRESCRIBED BY THE BOARD, THE CHANCELLOR SHALL 18 HAVE THE FOLLOWING DUTIES: 19 * * * 20 (12) TO ENTER INTO MULTI-PARTY CONTRACTUAL RELATIONSHIPS, IN 21 ACCORDANCE WITH THE PROCUREMENT CODE OR DIRECT NEGOTIATION, WITH 22 BUSINESSES, INDUSTRIES, ORGANIZATIONS, STATE AND LOCAL 23 GOVERNMENTS AND THE FEDERAL GOVERNMENT TO PROVIDE ECONOMIC AND 24 WORKFORCE DEVELOPMENT. 25 SECTION 8. SECTION 2541(A) OF THE ACT, AMENDED NOVEMBER 20, 26 1979 (P.L.465, NO.97), IS AMENDED TO READ: 27 SECTION 2541. PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION.-- 28 (A) SCHOOL DISTRICTS SHALL BE PAID BY THE COMMONWEALTH FOR 29 EVERY SCHOOL YEAR ON ACCOUNT OF PUPIL TRANSPORTATION WHICH, AND 30 THE MEANS AND CONTRACTS PROVIDING FOR WHICH, HAVE BEEN APPROVED 19970H0601B4190 - 27 -
1 BY THE DEPARTMENT OF EDUCATION, IN THE CASES HEREINAFTER 2 ENUMERATED, AN AMOUNT TO BE DETERMINED BY MULTIPLYING THE COST 3 OF APPROVED REIMBURSABLE PUPIL TRANSPORTATION INCURRED BY THE 4 DISTRICT BY THE DISTRICT'S AID RATIO. IN DETERMINING THE FORMULA 5 FOR THE COST OF APPROVED REIMBURSABLE TRANSPORTATION, THE 6 SECRETARY OF EDUCATION MAY PRESCRIBE THE METHODS OF DETERMINING 7 APPROVED MILEAGES AND THE UTILIZED PASSENGER CAPACITY OF 8 VEHICLES FOR REIMBURSEMENT PURPOSES. FOR THE SCHOOL YEAR 1998- 9 1999 AND EACH SCHOOL YEAR THEREAFTER, ANY SCHOOL ENTITY WHICH 10 CONTRACTS WITH ONE OR MORE SCHOOL ENTITIES TO PROVIDE PUPIL 11 TRANSPORTATION SERVICES SHALL BE REIMBURSED IN ACCORDANCE WITH 12 THE FORMULA SPECIFIED BY THE DEPARTMENT OF EDUCATION FOR 13 DISTRICT-OWNED VEHICLES. IN ADDITION THERETO, THE COMMONWEALTH 14 SHALL PAY TO EACH DISTRICT QUALIFYING A PAYMENT FOR EXCESSIVE 15 COST OF TRANSPORTATION, SAID AMOUNT TO BE DETERMINED BY 16 SUBTRACTING FROM THE COST OF THE APPROVED REIMBURSABLE 17 TRANSPORTATION THE SUM OF THE COMMONWEALTH TRANSPORTATION 18 PAYMENT IMMEDIATELY ABOVE, PLUS THE PRODUCT OF ONE-HALF MILL 19 (0.0005) TIMES THE LATEST MARKET VALUE OF THE DISTRICT AS 20 DETERMINED BY THE STATE TAX EQUALIZATION BOARD, PROVIDED SUCH 21 AMOUNT IS NOT NEGATIVE. IN ADDITION THERETO, THE COMMONWEALTH 22 SHALL PAY TO SCHOOL DISTRICTS WHICH OWN THEIR OWN VEHICLES, AN 23 ANNUAL DEPRECIATION CHARGE OF TEN PER CENTUM (10%), TO BE 24 CALCULATED ON THE BASIS OF THE APPROVED COST AT WHICH THE 25 DISTRICT ACQUIRED THE VEHICLE FOR WHICH DEPRECIATION IS CLAIMED. 26 WITH RESPECT TO VEHICLES PURCHASED PRIOR TO JANUARY 1, 1956, THE 27 NUMBER OF DEPRECIATION PAYMENTS SHALL BE LIMITED TO TEN SUCH 28 PAYMENTS. WITH RESPECT TO VEHICLES PURCHASED ON OR AFTER JANUARY 29 1, 1956, THE ANNUAL DEPRECIATION CHARGE SHALL NOT EXCEED SEVEN 30 HUNDRED DOLLARS ($700) FOR SUCH VEHICLES. THE NUMBER OF ANNUAL 19970H0601B4190 - 28 -
1 DEPRECIATION CHARGES SHALL BE LIMITED, SO THAT THE TOTAL AMOUNT 2 OF SUCH PAYMENTS SHALL NOT EXCEED THE COST OF THE VEHICLE AS 3 APPROVED BY THE DEPARTMENT OF EDUCATION AT THE TIME OF THE 4 PURCHASE. IN NO CASE SHALL THE COMMONWEALTH PAY, IN DEPRECIATION 5 CHARGES, MORE THAN TEN THOUSAND FIVE HUNDRED DOLLARS ($10,500) 6 FOR ANY ONE VEHICLE. 7 * * * 8 SECTION 9. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <-- 9 ARTICLE XXVI-I. 10 POLICE OFFICER AND FIREFIGHTER 11 CHILD BENEFICIARY EDUCATION PROGRAM. 12 SECTION 2601-I. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE: 13 "ASSOCIATE DEGREE." AN UNDERGRADUATE DEGREE AWARDED BY A 14 COMMUNITY COLLEGE, A STATE-OWNED INSTITUTION OR A STATE-RELATED 15 INSTITUTION. 16 "BACCALAUREATE DEGREE." AN UNDERGRADUATE DEGREE AWARDED BY A 17 STATE-OWNED OR STATE-RELATED INSTITUTION. 18 "CHILD" OR "CHILDREN." A RESIDENT OF THIS COMMONWEALTH WHO 19 IS THE CHILD BY BIRTH OR ADOPTION OF A DECEASED POLICE OFFICER 20 OR FIREFIGHTER KILLED IN THE PERFORMANCE OF HIS OR HER DUTIES. 21 "COMMUNITY COLLEGE." A PUBLIC COLLEGE OR TECHNICAL INSTITUTE 22 WHICH IS ESTABLISHED AND OPERATED UNDER ARTICLE XIX-A AND ALL 23 BRANCHES OR CAMPUSES OF A COMMUNITY COLLEGE. 24 "EDUCATIONAL GRATUITY." THE WAIVER BY A COMMUNITY COLLEGE OR 25 A STATE-OWNED OR STATE-RELATED INSTITUTION OF TUITION, FEES AND 26 ROOM AND BOARD CHARGES FOR AN ELIGIBLE CHILD. 27 "FIREFIGHTER." AN INDIVIDUAL EMPLOYED IN THAT CAPACITY ON A 28 FULL-TIME BASIS BY A MUNICIPALITY OR A MEMBER OF A VOLUNTEER 29 FIRE COMPANY OF THIS COMMONWEALTH. THE TERM INCLUDES MEMBERS OF 30 A RESCUE SQUAD OR AMBULANCE SERVICE AS DEFINED IN THE ACT OF 19970H0601B4190 - 29 -
1 JUNE 24, 1976 (P.L.424, NO.101), REFERRED TO AS THE EMERGENCY 2 AND LAW ENFORCEMENT PERSONNEL DEATH BENEFITS ACT. 3 "MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN 4 OR TOWNSHIP, REGARDLESS OF FORM OF GOVERNMENT. 5 "PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY" OR "PHEAA." 6 THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY CREATED BY 7 THE ACT OF AUGUST 7, 1963 (P.L.549, NO.290), REFERRED TO AS THE 8 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY ACT. 9 "POLICE OFFICER." AN INDIVIDUAL EMPLOYED ON A FULL-TIME 10 BASIS BY THE COMMONWEALTH AS A MEMBER OF THE PENNSYLVANIA STATE 11 POLICE FORCE OR AN INDIVIDUAL EMPLOYED ON A FULL-TIME BASIS AS A 12 POLICE OFFICER BY A MUNICIPALITY OF THIS COMMONWEALTH. 13 "PROGRAM." THE POSTSECONDARY EDUCATIONAL GRATUITY PROGRAM 14 CREATED BY THIS ARTICLE. 15 "ROOM AND BOARD CHARGE." THE AMOUNT CHARGED BY A COMMUNITY 16 COLLEGE OR A STATE-OWNED OR STATE-RELATED INSTITUTION FOR 17 PROVISION OF LODGING AND MEALS TO STUDENTS ENROLLED AT THE 18 COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED INSTITUTION. 19 "STATE-OWNED INSTITUTION." AN INSTITUTION WHICH IS PART OF 20 THE STATE SYSTEM OF HIGHER EDUCATION UNDER ARTICLE XX-A AND ALL 21 BRANCHES AND CAMPUSES OF A STATE-OWNED INSTITUTION. 22 "STATE-RELATED INSTITUTION." THE PENNSYLVANIA STATE 23 UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, TEMPLE UNIVERSITY, 24 LINCOLN UNIVERSITY AND THE PENNSYLVANIA COLLEGE OF TECHNOLOGY. 25 "TOTAL INSTITUTION CHARGES." TUITION AND FEES PLUS ROOM AND 26 BOARD CHARGES. 27 "TUITION AND FEES." THE INSTRUCTIONAL CHARGE AND ANY OTHER 28 FEE ESTABLISHED BY THE GOVERNING BOARD OF A COMMUNITY COLLEGE 29 FOR COMMONWEALTH RESIDENTS ATTENDING THE COMMUNITY COLLEGE OR 30 THE INSTRUCTIONAL FEE ESTABLISHED BY THE BOARD OF GOVERNORS OF 19970H0601B4190 - 30 -
1 THE STATE SYSTEM OF HIGHER EDUCATION FOR COMMONWEALTH RESIDENTS 2 ATTENDING STATE-OWNED INSTITUTIONS. THE TERM INCLUDES TUITION 3 AND FEES SET BY THE RESPECTIVE GOVERNING BODIES OF THE STATE- 4 RELATED INSTITUTIONS. 5 "VOLUNTEER FIRE COMPANY." A NONPROFIT CHARTERED CORPORATION, 6 ASSOCIATION OR ORGANIZATION LOCATED IN THIS COMMONWEALTH WHICH 7 PROVIDES FIRE PROTECTION SERVICES WITHIN THIS COMMONWEALTH. 8 SECTION 2602-I. POSTSECONDARY EDUCATIONAL GRATUITY 9 PROGRAM.--(A) THERE IS HEREBY ESTABLISHED THE POSTSECONDARY 10 EDUCATIONAL GRATUITY PROGRAM FOR CHILDREN OF POLICE OFFICERS AND 11 FIREFIGHTERS OF THIS COMMONWEALTH WHO ARE KILLED WHILE ACTING IN 12 THE PERFORMANCE OF THEIR DUTIES. 13 (B) (1) POLICE OFFICERS SHALL BE DEEMED TO HAVE BEEN KILLED 14 IN THE PERFORMANCE OF THEIR DUTIES IF DEATH RESULTS FROM JOB- 15 RELATED INJURIES SUSTAINED OR INFLICTED WHILE PERFORMING ANY OF 16 THE FOLLOWING: 17 (I) ANSWERING AN EMERGENCY CALL. 18 (II) CONDUCTING INTERROGATIONS OF CRIME SUSPECTS OR 19 INTERROGATIONS PURSUANT TO A RESPONSE TO AN EMERGENCY CALL. 20 (III) CONDUCTING VEHICLE STOPS FOR TRAFFIC VIOLATIONS. 21 (IV) ACTIVELY RESPONDING TO REQUESTS FOR ASSISTANCE FROM THE 22 PUBLIC. 23 (V) MAINTAINING ORDER AND SECURITY AT THE SCENE OF AN 24 EMERGENCY. 25 (2) FIREFIGHTERS SHALL BE DEEMED TO HAVE BEEN KILLED IN THE 26 PERFORMANCE OF THEIR DUTIES IF DEATH RESULTS FROM JOB-RELATED 27 INJURIES SUSTAINED OR INFLICTED WHILE PERFORMING ANY OF THE 28 FOLLOWING: 29 (I) BEING PRESENT AT THE SCENE OF A FIRE OR GOING TO AND 30 FROM A FIRE. IN THE CASE OF VOLUNTEER FIREFIGHTERS, "GOING TO 19970H0601B4190 - 31 -
1 AND FROM A FIRE" SHALL INCLUDE TRAVELING FROM AND DIRECTLY 2 RETURNING TO THE FIREFIGHTER'S HOME, PLACE OF BUSINESS OR OTHER 3 LOCATION WHERE THE FIREFIGHTER WAS WHEN THE FIRE CALL OR ALARM 4 WAS RECEIVED FOR A FIRE WHICH THE FIREFIGHTER'S VOLUNTEER FIRE 5 COMPANY ATTENDED. 6 (II) ANSWERING AN EMERGENCY CALL. 7 (III) MAINTAINING ORDER AND SECURITY AT THE SCENE OF AN 8 EMERGENCY. 9 (3) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, DEATHS 10 WHICH OCCUR AS THE DIRECT AND PROXIMATE RESULT OF PREEXISTING 11 PHYSICAL CONDITIONS, DISEASES OR ILLNESSES SHALL BE EXCLUDED 12 FROM ELIGIBILITY UNDER THIS SECTION. 13 (4) ANY CHILD OF A POLICE OFFICER OR FIREFIGHTER KILLED IN 14 THE PERFORMANCE OF HIS OR HER DUTIES SHALL BE ELIGIBLE FOR AN 15 EDUCATIONAL GRATUITY, PROVIDED THE CHILD IS TWENTY-FIVE (25) 16 YEARS OF AGE OR YOUNGER AT THE TIME OF APPLICATION FOR 17 PARTICIPATION IN THIS PROGRAM, MEETS ALL ADMISSION REQUIREMENTS 18 OF THE COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED 19 INSTITUTION TO WHICH APPLICATION IS MADE AND IS ENROLLED AS A 20 FULL-TIME STUDENT AT A COMMUNITY COLLEGE OR A STATE-OWNED OR 21 STATE-RELATED INSTITUTION. 22 (5) A CHILD WHO IS TWENTY-FIVE (25) YEARS OF AGE OR YOUNGER 23 AT THE TIME OF THE CHILD'S APPLICATION FOR PARTICIPATION IN THIS 24 PROGRAM AND WHO MEETS ALL OTHER ELIGIBILITY REQUIREMENTS MAY 25 RECEIVE AN EDUCATIONAL GRATUITY FOR UP TO FIVE (5) YEARS 26 PROVIDED THE CHILD OTHERWISE CONTINUES TO BE ELIGIBLE FOR 27 PARTICIPATION. 28 (C) (1) THE BENEFIT AVAILABLE UNDER THIS SECTION SHALL BE 29 PROVIDED ONLY FOR FULL-TIME STUDENTS WHO ARE PURSUING 30 UNDERGRADUATE STUDIES LEADING TO AN ASSOCIATE DEGREE OR A 19970H0601B4190 - 32 -
1 BACCALAUREATE DEGREE. 2 (2) A CHILD BECOMES ELIGIBLE FOR THIS BENEFIT AFTER HE OR 3 SHE HAS APPLIED FOR AVAILABLE SCHOLARSHIPS AND FEDERAL AND STATE 4 GRANTS TO COVER TUITION AND ROOM AND BOARD COSTS. THE CHILD MUST 5 PROVIDE A RECORD OF APPLICATION FOR SUCH FINANCIAL AID TO THE 6 COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED INSTITUTION TO 7 WHICH HE OR SHE IS APPLYING. 8 (3) A COMMUNITY COLLEGE OR A STATE-OWNED OR STATE-RELATED 9 INSTITUTION SHALL WAIVE ALL REMAINING TUITION AND ROOM AND BOARD 10 CHARGES (TOTAL TUITION, ROOM AND BOARD AND FEES MINUS AWARDED 11 SCHOLARSHIPS AND FEDERAL AND STATE GRANTS) FOR AN ELIGIBLE CHILD 12 DURING THE TIME THE CHILD IS ENROLLED AS A FULL-TIME STUDENT, 13 PROVIDED THE CHILD MEETS ALL REQUIREMENTS FOR ADMISSION TO THE 14 COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED INSTITUTION 15 AND DURING THE CHILD'S ENROLLMENT COMPLIES WITH ALL REQUIREMENTS 16 OF THE INSTITUTION FOR CONTINUED ATTENDANCE AND AWARD OF AN 17 ASSOCIATE DEGREE OR A BACCALAUREATE DEGREE. 18 (D) (1) COPIES OF ALL POLICE OFFICER AND FIREFIGHTER DEATH 19 CERTIFICATIONS RECEIVED BY THE DEPARTMENT OF GENERAL SERVICES 20 UNDER THE ACT OF JUNE 24, 1976 (P.L.424, NO.101), REFERRED TO AS 21 THE EMERGENCY AND LAW ENFORCEMENT PERSONNEL DEATH BENEFITS ACT, 22 SHALL BE PROVIDED BY THE DEPARTMENT OF GENERAL SERVICES TO PHEAA 23 WITHIN TWENTY (20) DAYS OF THEIR RECEIPT. 24 (2) APPLICATIONS FOR AN EDUCATIONAL GRATUITY SHALL BE 25 SUBMITTED TO PHEAA BY THE CHILD OR THE SURVIVING PARENT OR 26 GUARDIAN OF THE CHILD, TOGETHER WITH A CERTIFIED COPY OF THE 27 CHILD'S BIRTH CERTIFICATE OR ADOPTION RECORD OR OTHER 28 DOCUMENTATION OF BIRTH OR ADOPTION ACCEPTABLE TO PHEAA. THE 29 APPLICATION SHALL INCLUDE A COPY OF THE CHILD'S LETTER OF 30 ACCEPTANCE AT A COMMUNITY COLLEGE OR A STATE-OWNED OR STATE- 19970H0601B4190 - 33 -
1 RELATED INSTITUTION. IF NO DEATH CERTIFICATION HAS BEEN RECEIVED 2 FROM THE DEPARTMENT OF GENERAL SERVICES, PHEAA MAY ELECT TO 3 ACCEPT OTHER DOCUMENTATION CERTIFYING THAT THE CHILD'S PARENT 4 WAS A POLICE OFFICER OR FIREFIGHTER KILLED DURING THE 5 PERFORMANCE OF HIS OR HER DUTIES. 6 (3) WITHIN THIRTY (30) DAYS OF RECEIPT OF A COMPLETED 7 APPLICATION, PHEAA SHALL SEND WRITTEN NOTICE TO THE CHILD AND 8 THE COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED 9 INSTITUTION OF THE CHILD'S ELIGIBILITY OR NONELIGIBILITY FOR 10 PARTICIPATION IN THIS PROGRAM. IF THE CHILD IS DETERMINED NOT TO 11 BE ELIGIBLE FOR AN EDUCATIONAL GRATUITY, THE NOTICE SHALL 12 INCLUDE THE REASON OR REASONS FOR SUCH DETERMINATION AND AN 13 INDICATION THAT AN APPEAL OF PHEAA'S DETERMINATION MAY BE MADE 14 PURSUANT TO 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND 15 PROCEDURE). 16 (4) UPON RECEIPT OF NOTIFICATION OF THE CHILD'S ELIGIBILITY 17 FROM PHEAA, A COMMUNITY COLLEGE OR A STATE-OWNED OR STATE- 18 RELATED INSTITUTION IS PROHIBITED FROM CHARGING THE CHILD OR THE 19 CHILD'S PARENT OR GUARDIAN ANY TUITION FEE OR ROOM AND BOARD 20 CHARGE. IF MONEYS HAVE BEEN RECEIVED BY THE COMMUNITY COLLEGE OR 21 THE STATE-OWNED OR STATE-RELATED INSTITUTION FOR THESE PURPOSES, 22 THOSE MONEYS MUST BE REFUNDED IN FULL WITHIN THIRTY (30) DAYS OF 23 RECEIPT BY THE COMMUNITY COLLEGE OR THE STATE-OWNED OR STATE- 24 RELATED INSTITUTION OF THE NOTICE OF THE CHILD'S ELIGIBILITY. 25 (5) EACH COMMUNITY COLLEGE OR STATE-OWNED OR STATE-RELATED 26 INSTITUTION AT WHICH AN ELIGIBLE CHILD IS ENROLLED SHALL NOTIFY 27 PHEAA UPON THE CHILD'S GRADUATION OR WHEN THE CHILD IS NO LONGER 28 ENROLLED AT THE COMMUNITY COLLEGE OR STATE-OWNED OR STATE- 29 RELATED INSTITUTION. 30 SECTION 2603-I. REPORT TO GENERAL ASSEMBLY.--EACH YEAR AS 19970H0601B4190 - 34 -
1 PART OF ITS BUDGET PRESENTATION TO THE GENERAL ASSEMBLY, PHEAA 2 SHALL PROVIDE A REPORT ON: 3 (1) THE NUMBER OF APPLICATIONS SUBMITTED DURING THE PRIOR 4 YEAR, INCLUDING NUMBERS OF APPLICATIONS APPROVED AND 5 DISAPPROVED. 6 (2) THE NUMBER OF CHILDREN CURRENTLY PARTICIPATING IN THIS 7 PROGRAM AT COMMUNITY COLLEGES OR STATE-OWNED OR STATE-RELATED 8 INSTITUTIONS. 9 (3) THE NUMBER OF PROGRAM PARTICIPANTS WHO HAVE COMPLETED 10 REQUIREMENTS FOR AN ASSOCIATE DEGREE OR A BACCALAUREATE DEGREE 11 DURING THE PRIOR YEAR. 12 (4) THE TOTAL NUMBER OF PROGRAM PARTICIPANTS WHO HAVE 13 RECEIVED AN ASSOCIATE DEGREE OR A BACCALAUREATE DEGREE SINCE THE 14 PROGRAM'S INCEPTION. 15 (5) THE NUMBER OF PROGRAM PARTICIPANTS WHO WERE APPROVED FOR 16 AN EDUCATIONAL GRATUITY BUT WHO NEVER OBTAINED AN ASSOCIATE 17 DEGREE OR A BACCALAUREATE DEGREE. 18 SECTION 2604-I. REGULATIONS.--PHEAA SHALL, IN THE MANNER 19 PROVIDED BY LAW, PROMULGATE THE RULES AND REGULATIONS NECESSARY 20 TO CARRY OUT THIS ARTICLE. 21 SECTION 2605-I. SEVERABILITY.--THE PROVISIONS OF THIS 22 ARTICLE ARE SEVERABLE. IF ANY PROVISION OF THIS ARTICLE OR ITS 23 APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE 24 INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF 25 THIS ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID 26 PROVISION OR APPLICATION. 27 SECTION 2606-I. RETROACTIVITY.--THIS ARTICLE SHALL BE 28 RETROACTIVE TO JANUARY 1, 1976, AND THE BENEFIT PROVIDED SHALL 29 BE AVAILABLE TO QUALIFIED CHILDREN OF POLICE OFFICERS AND 30 FIREFIGHTERS OF THIS COMMONWEALTH KILLED IN THE PERFORMANCE OF 19970H0601B4190 - 35 -
1 THEIR DUTIES SINCE THAT DATE. NO COMMUNITY COLLEGE, STATE-OWNED 2 OR STATE-RELATED INSTITUTION SHALL REIMBURSE QUALIFIED CHILDREN 3 FOR TUITION AND FEES OR ROOM AND BOARD CHARGES PAID BETWEEN 4 JANUARY 1, 1976, AND THE EFFECTIVE DATE OF THIS ARTICLE. 5 SECTION 10 9. THE AMENDMENT OF SECTION 102(4) OF THE ACT <-- 6 SHALL BE RETROACTIVE TO JULY 1, 1997. 7 SECTION 11 10. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. AS <-- 8 FOLLOWS: 9 (1) THE AMENDMENT OF SECTION 672.1 OF THE ACT SHALL TAKE 10 EFFECT IN 60 DAYS. 11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 12 IMMEDIATELY. A28L24WMB/19970H0601B4190 - 36 -