AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 
2act relating to the public school system, including certain 
3provisions applicable as well to private and parochial 
4schools; amending, revising, consolidating and changing the 
5laws relating thereto," further providing for unlawful gifts
6and for reports to the Department of Education.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 217 of the act of March 10, 1949 (P.L.30,
10No.14), known as the Public School Code of 1949, is amended to
11read:

12Section 217. Unlawful Gifts.--(a) It shall be unlawful for
13any member of or any board of school directors to demand,
14request, or accept, directly or indirectly, any gift or donation
15from any teacher or supervisor within its employ.

16(b) Any school board director or person selected to be a
17public school board director shall be removed from office if the
18person, directly or indirectly, corruptly demands, seeks,
19receives, accepts or agrees to receive or accept anything of
20value personally or for any other person or entity in return for

1one of the following:

2(1) Being influenced in the performance of any official act.

3(2) Being influenced to commit or aid in committing, or to
4collude in, or allow any fraud or make opportunity for the
5commission of any fraud on the State, the school district or
6other governmental units.

7(3) Being induced to do or omit to do any act in violation
8of the official duty of such official or person.

9(c) A school director or senior education official who makes
10a school judgment in good faith fulfills the duty of care if the
11school director or senior education official:

12(1) Is not interested in the subject of the school judgment.

13(2) Is independently informed with respect to the subject of
14the school judgment to the extent the school director or senior
15education official reasonably believes to be appropriate under
16the circumstances.

17(3) Rationally believes that the school judgment is in the
18best interests of the school district in ensuring that each
19student learns to his or her intellectual capacity.

20Section 2. Section 218 of the act is amended by adding a
21subsection to read:

22Section 218. Reports to Department of Education.--* * *

23(e) The chief school administrator and board secretary of a
24school district, charter school, cyber charter school or area
25vocational-technical school shall submit quarterly reports, and
26the superintendent shall publicly report in writing and orally
27to the board on the policies and procedures in place and make
28recommendations to provide accurate statistical information on
29the following:

30(1) The learning progress of students by grade, building and

1ethnicity.

2(2) The number of reported disciplinary incidents involving
3students, faculty and staff using standard Department of
4Education classifications, monthly student and teacher
5attendance patterns, planned and actual use of funds.

6Section 3. This act shall take effect immediately.