PRINTER'S NO. 3775
No. 2645 Session of 2000
INTRODUCED BY CIVERA, ADOLPH, FLICK, HORSEY, MAHER, MICOZZIE,
O'BRIEN, STABACK, E. Z. TAYLOR, J. TAYLOR, THOMAS, WOGAN,
BARRAR, RAYMOND AND GANNON, JUNE 14, 2000
REFERRED TO COMMITTEE ON EDUCATION, JUNE 14, 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 certain special
6 education services.
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 the 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 heretofore been furnished special
18 education services on an equal basis with public school
19 children, and it is the intent of the General Assembly to ensure
1 that nonpublic school children be afforded an equitable
2 opportunity to receive special education services.
3 (b) Definitions. The following terms, whenever used or
4 referred to in this section, shall have the following meanings,
5 except in those circumstances where the context clearly
6 indicates otherwise:
7 "Nonpublic school" means a nonprofit school, other than a
8 public school or an approved private school, within the
9 Commonwealth of Pennsylvania, wherein a resident of this
10 Commonwealth may legally fulfill the compulsory school
11 attendance requirements of this act and which meets the
12 applicable requirements of Title VI of the Civil Rights Act of
13 1964 (Public Law 88-352, 78 Stat. 241).
14 "Special education services" means secular, neutral,
15 nonideological educational services and related services for
16 "children with exceptionalities," as that term is defined in
17 section 1371.
18 (c) Program of Special Education Services. To the extent
19 allowed by the level of funds appropriated by the General
20 Assembly to implement the provisions of this section, children
21 with exceptionalities attending nonpublic schools shall be
22 furnished a program of special education services which are
23 required by law to be offered to public school students in this
24 Commonwealth and which are appropriate to the needs of those
25 children. The program of special education services shall be
26 provided by the intermediate unit in which the nonpublic school
27 is located, in accordance with standards of the Secretary of
28 Education. Such services shall be provided directly to the
29 nonpublic school students by the intermediate unit in the
30 schools which the students attend, in mobile instructional units
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1 located on the grounds of such schools or in any alternative
2 setting mutually agreed upon by the school and the intermediate
3 unit, to the extent permitted by the Constitution of the United
4 States and the Constitution of Pennsylvania. Such special
5 education services may be provided directly by the intermediate
6 units or through agreements between the intermediate units and
7 school districts or qualified private service providers, but may
8 not be provided by nonpublic school employes. School districts
9 may also, at their option, provide such services to resident
10 students attending nonpublic schools or place children in need
11 of such services in nonpublic schools at school district
12 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. Intermediate units
21 shall be responsible for designing and implementing appropriate
22 individualized education programs for children with
23 exceptionalities who attend nonpublic schools. The Secretary of
24 Education shall prescribe standards establishing procedures for
25 the development, review and revision of appropriate special
26 education programs for such children, which standards shall
27 include required timely and meaningful consultation with a
28 representative of the nonpublic school which the child to be
29 served attends regarding the child's secular educational needs.
30 The required consultation shall occur before the intermediate
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1 unit makes any decision that affects the opportunities of
2 nonpublic school children to participate in the services
3 provided under this section, and shall include, at a minimum:
4 which children shall receive services; what services will be
5 provided; how and where the services will be provided; and how
6 the services provided will be evaluated.
7 (f) Appropriations. From the Federal funds received by the
8 Commonwealth for special education services, the Secretary of
9 Education shall allocate to intermediate units a proportion
10 equal to the percentage of children with exceptionalities who
11 attend nonpublic schools in this Commonwealth. Said funds shall
12 be combined with State funds appropriated by the Commonwealth
13 and utilized by the intermediate units for purposes of providing
14 special education services under this section. Appropriations of
15 Federal and State funds made by the Commonwealth under this
16 section shall be allocated by the Secretary of Education to each
17 intermediate unit based upon the number of nonpublic school
18 children within that intermediate unit who are in need of
19 special education services.
20 (g) Limitations on Expenditures. The intermediate unit
21 shall not use more than six per centum (6%) of the funds it
22 receives under this section for administrative expenses. The
23 Department of Education shall not use more than one per centum
24 (1%) of the funds it allocates under this section for
25 administrative expenses. If all funds allocated by the
26 intermediate units to administration are not expended for those
27 purposes, such funds may be used for program costs under this
28 section.
29 (h) Interest. There shall be no adjustment in the
30 allocation as provided in subsection (f) because of interest
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1 earned on the allocations by the intermediate units. Interest so
2 earned shall be used for the purpose of this section but shall
3 not be subject to the limitations of subsection (g).
4 (i) Budgets. Annually, each intermediate unit shall submit
5 to the Secretary of Education a preliminary budget for services
6 to be provided under this section on or before January 31 and a
7 final budget on or before June 15, for the succeeding year; and
8 shall file a final financial report on or before October 31 for
9 the preceding year.
10 (j) Limitations on Regulations. Nothing in this section
11 shall be construed to authorize any additional regulations,
12 requirements or limitations upon nonpublic schools which are not
13 otherwise authorized by law. No nonpublic school may be
14 compelled to accept or enroll children with exceptionalities for
15 whom the school is not structured or equipped to meet the
16 special needs of the student or which does not offer educational
17 programs appropriate to the special needs of the student or does
18 not offer a particular program requested. The providing of
19 special education services to children under this section shall
20 not be considered to be appropriations or financial assistance
21 to the nonpublic school which the child attends.
22 Section 2. This act shall take effect in 60 days.
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