Amendment 2429 to House Bill 27 P.N. 2004, Regular Session 2023-2024

H0027B2004A02429 DMS:EJH 10/04/23 #90 A02429

AMENDMENTS TO HOUSE BILL NO. 27

Sponsor: REPRESENTATIVE BRADFORD

Printer's No. 2004

Amend Bill, page 1, line 6, by inserting after "for"

Basic Education Funding Commission and for

Amend Bill, page 1, line 7, by inserting after "years"

, establishing the Child Reunification Program in the Department

of Education and providing for minimum number of days or

hours, for public job posting database, for instructional

vacancy data and for data transparency; in duties and powers

of boards of school directors, further providing for

additional schools and departments; in school finances,

providing for school district budget timeline for 2024 and

for procedure for securing approval of electors; in grounds

and buildings, further providing for limitation on new

applications for Department of Education approval of public

school building projects; in school directors' associations

and county boards of school directors, further providing for

powers and duties

Amend Bill, page 1, line 7, by inserting after "FOR"

visual services and for

Amend Bill, page 1, line 8, by inserting after

"ENHANCEMENTS;"

in professional employees, repealing provisions relating to

religious garb, insignia, etc., prohibited and penalty;

Amend Bill, page 1, line 12, by inserting after "monitors.;"

providing for Educator Pipeline Support Grant Program; in

pupils and attendance, further providing for compulsory

education of physical defectives, for dependent children, for

cost of tuition and maintenance of certain exceptional

children in approved institutions, for payment of cost of

tuition and maintenance of certain exceptional children, for

transfer of funds for transferal programs and for children

under six with defective hearing and parent or guardian

advised of schools, etc.;

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Amend Bill, page 1, line 23, by inserting after "SCHOOLS"

and School Entities

Amend Bill, page 1, line 32, by inserting after "GUARDS;"

in school health services, further providing for dental

examinations and dental hygiene services and providing for

eating disorder awareness and education; in drug and alcohol

recovery high school program, providing for enrollment of

students; in terms and courses of study, providing for

calculation of average daily membership for a dual credit

course and further providing for Economic Education and

Personal Financial Literacy Programs; in early learning

programs, providing for quarterly meetings; in character

education program, further providing for character education

program; providing for the Dual Credit Innovation and Equity

Grant Program; in high schools, further providing for

attendance in other districts; in community colleges, further

providing for financial program and reimbursement of

payments; in educational tax credits, further providing for

qualification and application by organizations, for

limitations and for low-achieving schools; in school

districts of the first class, further providing for

qualifications of principals and teachers; in funding for

public libraries, providing for State aid for fiscal year

2023-2024; in credit card marketing, further providing for

regulation of on-campus credit card marketing; in

reimbursements by Commonwealth and between school districts,

further providing for definitions and for payments on account

of pupils enrolled in career and technical curriculums,

providing for Level-Up Supplement for 2022-2023 school year,

further providing for payments on account of courses for

exceptional children, for payments to intermediate units, for

assistance to school districts declared to be in financial

recovery status or identified for financial watch status, for

payments, for payments on account of pupil transportation,

for Ready-to-Learn Block Grant and for payment of required

contribution for public school employees' Social Security; in

construction and renovation of buildings by school entities,

further providing for applicability; providing for School

Environmental Repairs Program; abrogating a regulation;

Amend Bill, page 2, line 3, by striking out "Section 129" and

inserting

Sections 123(k)(2) and 129

Amend Bill, page 2, line 4, by striking out "is" and

inserting

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are

Amend Bill, page 2, by inserting between lines 5 and 6

Section 123. Basic Education Funding Commission.--* * *

(k) * * *

(2) Notwithstanding paragraph (1), the commission shall be

reconstituted July 1, 2022, and shall issue the report to the

recipients listed in subsection (i)(12) not later than [November

30, 2023] January 11, 2024.

* * *

Amend Bill, page 2, by inserting between lines 25 and 26

Section 1.1. The act is amended by adding sections to read:

Section 130. Child Reunification Program.--(a) The Child

Reunification Program is established in the department to assist

in locating and returning missing children by providing

identification kits as provided in this section.

(b) Beginning with the 2023-2024 school year, and each

school year thereafter, the department shall provide, to the

extent money is appropriated or otherwise available to the

department for the purpose, a school entity with identification

kits to be distributed to the parents and legal guardians of

eligible children.

(b.1) Each school year, the department shall provide a

notice to school districts if the Secretary of Education

determines that money is available under subsection (b).

subsection (b.1), the department and each school entity shall

post a notice on their publicly accessible Internet websites

that identification kits are available to eligible children, a

description of the purpose of the identification kits and

instructions for a parent or legal guardian of an eligible child

to opt in to receive an identification kit for the eligible

child.

(d) No later than one hundred twenty (120) days after a

notice under subsection (b.1), a school entity shall distribute

identification kits at no cost to the parents and legal

guardians of an eligible child of the school entity who opts in

to receiving an identification kit through a process determined

by the school entity.

(e) The school district of residence shall make one

identification kit available under subsection (d) per eligible

child to parents and legal guardians of eligible children

enrolled in home education programs under section 1327.1 who

request an identification kit.

(f) A school entity shall record the number of

identification kits distributed each school year and shall

annually report to the department, in a manner prescribed by the

department, the number of identification kits distributed.

(g) A school entity may not retain information about the

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parents and legal guardians who received identification kits

under the program.

(h) A parent or legal guardian who receives an

identification kit may submit the identification kit, along with

a physical description of the eligible child, to law enforcement

for the sole purpose, if the eligible child is missing, of

locating and returning the eligible child to the parent or legal

guardian.

(i) Information recorded in an identification kit is not a

public record and is not accessible for inspection and

duplication in accordance with the act of February 14, 2008

(P.L.6, No.3), known as the "Right-to-Know Law."

(j) The department may require a school entity to return to

the department undistributed identification kits or may offset

the number of undistributed identification kits against the

number of identification kits delivered to the school entity in

the following school year.

(k) Each school year in which the department provides a

notice under subsection (b.1), the department shall post a

report of the total number of identification kits distributed to

school entities and the number of identification kits

distributed by each school entity under the program on the

department's publicly accessible Internet website.

(l) 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:

"Department." The Department of Education of the

Commonwealth.

"Eligible child." A child enrolled in the first grade.

"Identification kit." An in-home fingerprint and DNA

identification kit.

"Program." The Child Reunification Program established in

this section.

"School entity." A school district, charter school, regional

charter school, cyber charter school, intermediate unit and

nonpublic school.

Section 131. Minimum Number of Days or Hours.--(a)

Notwithstanding section 520.1 or 1501 or other provision of law

to the contrary, beginning in the 2023-2024 school year and

continuing each school year thereafter, a school entity shall

provide within the school year:

(1) a minimum of one hundred eighty (180) days of

instruction; or

(2) nine hundred (900) hours of instruction at the

elementary level or nine hundred ninety (990) hours of

instruction at the secondary level.

(b) Nothing in this section shall be construed to supersede

or preempt a provision of a collective bargaining agreement

entered into between a school employer and an exclusive

representative of the employes under the act of July 23, 1970

(P.L.563, No.195), known as the "Public Employe Relations Act,"

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prior to the effective date of this section.

mean a school district, intermediate unit or area career and

technical school.

Section 132. Public Job Posting Database.--(a) The

department shall establish and maintain a public database for

school entities or nonpublic schools to voluntarily advertise

employe vacancies on the department's publicly accessible

Internet website. The database shall, at a minimum:

(1) Allow a school entity or nonpublic school to post in

real time an employe vacancy. The department shall determine

information to be required as part of a posting.

(2) Provide for a time-limited expiration of a posting made

by a school entity or nonpublic school.

(3) Be searchable by, at a minimum, county, intermediate

unit, school entity, grade level, employe type and academic

content area.

(4) Be made available at no cost to a school entity,

nonpublic school or prospective employe.

(b) A school entity or nonpublic school may submit a posting

to the database established under subsection (a) for an open

position or an anticipated open position.

operate the database established under subsection (a).

(d) 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:

"Department." The Department of Education of the

Commonwealth.

"Employe." The following:

(1) A "professional employe" as defined in section 1101(1).

(2) A paraprofessional or educational interpreter as

described under 22 Pa. Code § 14.105 (relating to personnel).

(3) Any other employe in a school entity or nonpublic school

as determined by the department.

"Nonpublic school." As defined in section 923.3-A(b).

"School entity." A school district, charter school, regional

charter school, intermediate unit or area career and technical

school operating within this Commonwealth.

Section 133. Instructional Vacancy Data.--(a) The

department shall require a school entity to submit certain

information relating to instructional vacancies, including, at a

minimum, the number of instructional vacancies, the number of

emergency permits utilized by a school entity and the number of

positions occupied by long-term substitutes. The department

shall determine the form and manner in which the information is

to be submitted by a school entity. To the best extent possible,

the department shall utilize existing reporting methods to

collect this data. By August 31, 2024 , and each August 31

thereafter, each school entity shall report the following to the

department:

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(1) The total budgeted complement of instructional employes

for that fiscal year and vacancies included in the final adopted

budget of a board of school directors.

(2) The quarterly average number of instructional employe

vacancies the school entity had during the school year.

(b) The department shall maintain the information collected

under subsection (a) on its publicly accessible Internet

website.

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"School entity." A school district, charter school, regional

charter school, intermediate unit or area career and technical

school operating within this Commonwealth.

Section 134. Data Transparency.--(a) To the extent that

funding is made available, no later than December 31 of each

year, the department shall post on its publicly accessible

Internet website data related to the educator workforce in this

Commonwealth that allows members of the public to view,

disaggregate and manipulate the following data if collected by

the department:

(1) Educator supply data, including educator preparation

provider enrollment and completion data and education

professional certificates issued by the department,

disaggregated by categories, including program, certification

area and demographic information.

(2) Educator demand data, including current educator

workforce numbers, unfilled positions and rates, new hires and

emergency permits or out-of-field educators, disaggregated by

categories, including school entity, school, specific

assignment, certification area, type of emergency permit and

demographic information.

(3) Educator preparation program outcomes data, including

data on percentage of program enrollees who:

(i) Complete the program.

(ii) Pass the certification test on the first time and

overall.

(iii) Receive certification.

(iv) Are employed by a school entity in years one through

five.

(v) Are retained by a school entity in years one through

five.

(4) Educator retention at one-year, three-year and five-year

rates, disaggregated by categories, including school entity,

school, specific assignment, certification area, type of

emergency permit and demographic information.

(b) The department may contract with an outside organization

to meet the requirements of this section.

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thereafter, the department, in consultation with the Department

of Labor and Industry, shall issue a report to the Governor and

General Assembly on the educator workforce in this Commonwealth.

The report shall be posted on the department's publicly

accessible Internet website. The report shall include

information on:

(1) Trends in educator supply and educator preparation

provider effectiveness, including recommendations for attracting

more high-quality and diverse teacher candidates and improving

the quality of educator preparation in this Commonwealth.

(2) The educator positions, by certification area, in high

demand in this Commonwealth and the location of existing

vacancies by school entity.

(3) Projections of shortage areas and subjects in the

upcoming three to five years and recommendations for addressing

these shortages.

(4) Overall and disaggregated trends in educator retention,

including recommendations for improving retention.

(d) 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:

"Department." The Department of Education of the

Commonwealth.

"School entity." A school district, cyber charter school,

charter school, regional charter school, area career and

technical school or intermediate unit.

Section 1.2. Section 502 of the act is amended to read:

Section 502. Additional Schools and Departments.--In

addition to the elementary public schools, the board of school

directors in any school district may establish, equip, furnish,

and maintain the following additional schools or departments for

the education and recreation of persons residing in said

district, and for the proper operation of its schools, namely:--

High schools,

Trade schools,

Career and technical schools,

Cafeterias,

Agricultural schools,

Evening schools,

Kindergartens,

Libraries,

Museums,

Reading-rooms,

Gymnasiums,

Playgrounds,

Schools for [physically and mentally handicapped] children

with physical or intellectual disabilities ,

[Truant schools] Alternative education schools,

Parental schools,

Schools for adults,

Public lectures,

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Such other schools or educational departments as the

directors, in their wisdom, may see proper to establish.

Said additional schools or departments, when established,

shall be an integral part of the public school system in such

school district and shall be so administered.

No pupil shall be refused admission to the courses in these

additional schools or departments, by reason of the fact that

his elementary or academic education is being or has been

received in a school other than a public school.

Section 1.3. The act is amended by adding sections to read:

Section 618. School District Budget Timeline for 2024.--

Notwithstanding any other provisions of law, in calendar year

2024:

(1) School districts shall use the fourth Tuesday of April

as the date for determining compliance with sections 311(a), (c)

and (d) and 333(e) and (h)(5)(i) of the act of June 27, 2006

(1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief

Act.

(2) No school district may utilize a referendum under

section 333(c) of the Taxpayer Relief Act.

Section 618.1. Procedure for Securing Approval of

Electors.--Notwithstanding any other provisions of law, for the

2023-2024 school year, a school district that adopts a

resolution in accordance with 53 Pa.C.S. § 8041(a) (relating to

desire resolution and expense of certain elections) shall use

the fourth Tuesday of April and the Tuesday next following the

first Monday of November as the dates for determining compliance

with 53 Pa.C.S. § 8041(b).

Section 1.4. Section 732.1(a) of the act, amended July 8,

2022 (P.L.620, No.55), is amended to read:

Section 732.1. Limitation on New Applications for Department

of Education Approval of Public School Building Projects.--(a)

For the 2012-2013 fiscal year, 2013-2014 fiscal year, 2017-2018

fiscal year, 2018-2019 fiscal year, 2019-2020 fiscal year, 2020-

2021 fiscal year, 2021-2022 fiscal year [and], 2022-2023 fiscal

year and each fiscal year thereafter, the Department of

Education shall not accept or approve new school building

construction or reconstruction project applications under this

article.

* * *

Section 1.5. Sections 925(f) and 923.2-A of the act are

amended to read:

Section 925. Powers and Duties.--

(f) (1) Any county board of school directors may make

contracts of insurance with any insurance company, or nonprofit

hospitalization corporation, or nonprofit medical service

corporation, authorized to transact business within the

Commonwealth, insuring its employes, their spouses and

dependents and retired employes under a policy or policies of

group insurance covering life, health, hospitalization medical

service, or accident insurance, and for such purposes may agree

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to pay part or all of the premiums or charges for carrying such

contracts, and may include the cost of such charges in its

estimate of the cost of operating and administering classes or

schools for [handicapped and institutionalized] children with

physical or intellectual disabilities to be operated by the

county board during the ensuing school year. No contract or

contracts of insurance authorized by this section shall be

purchased from or through any person employed by the county

board in a teaching or administrative capacity.

(2) The county board of school directors is hereby

authorized to deduct from the employe's pay, salary, or

compensation, such part of the premium as is payable by the

employe and as may be so authorized by the employe in writing.

(3) All contracts procured hereunder shall conform and be

subject to all the provisions of any existing or future laws

concerning group insurance contracts.

Section 923.2-A. Visual Services.--(a) Legislative Finding;

Declaration of Policy. [Defects] Impairments in vision are

health-related. It is today recognized that the diagnosis and

evaluation of those [defects] impairments and the rendering of

instruction in skills appropriate for the education, safety and

independence of children afflicted by visual impairments are

closely related to their physical, mental and emotional health.

Such services can best be rendered upon the premises of the

school which the child regularly attends and forcing children to

go to other premises in order to have such needed services is

found by the General Assembly to be both inadequate and harmful.

The General Assembly expressly finds and declares diagnostic,

evaluative and instructional services for such children to be

health services and it is the intention of the General Assembly

now to make these available, on a general and even-handed basis

to all school children in the Commonwealth.

(b) Definitions. As used in this section:

"Nonpublic school" means any nonprofit school, other than a

public school within the Commonwealth of Pennsylvania, wherein a

resident of the Commonwealth may legally fulfill the compulsory

school attendance requirements and which meets the requirements

of Title VI of the Civil Rights Act of 1964 (Public Law 88-352).

"Visual services" means diagnostic, evaluative and

instructional visual services for children.

directly or through the intermediate units out of their

allocation under section 922.1-A shall have the power and duty

to furnish free to nonpublic school students, upon the premises

of the nonpublic schools which they regularly attend, services

adequate for the diagnosis and evaluation of visual [defects]

impairments and instruction and training in skills advisable for

the education, independence and safety of such children,

including but not limited to mobility training, provided that

such services are also afforded to public school students by the

public school district in which such nonpublic school is

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located.

Amend Bill, page 3, by inserting between lines 22 and 23

Section 2.1. Section 1112 of the act is repealed:

[Section 1112. Religious Garb, Insignia, etc., Prohibited;

Penalty.--(a) That no teacher in any public school shall wear

in said school or while engaged in the performance of his duty

as such teacher any dress, mark, emblem or insignia indicating

the fact that such teacher is a member or adherent of any

religious order, sect or denomination.

(b) Any teacher employed in any of the public schools of

this Commonwealth, who violates the provisions of this section,

shall be suspended from employment in such school for the term

of one year, and in case of a second offense by the same teacher

he shall be permanently disqualified from teaching in said

school. Any public school director who after notice of any such

violation fails to comply with the provisions of this section

shall be guilty of a misdemeanor, and upon conviction of the

first offense, shall be sentenced to pay a fine not exceeding

one hundred dollars ($100), and on conviction of a second

offense, the offending school director shall be sentenced to pay

a fine not exceeding one hundred dollars ($100) and shall be

deprived of his office as a public school director. A person

thus twice convicted shall not be eligible to appointment or

election as a director of any public school in this Commonwealth

within a period of five (5) years from the date of his second

conviction.]

Amend Bill, page 10, by inserting between lines 10 and 11

Section 6.1. The act is amended by adding an article to

read:

ARTICLE XII-B

EDUCATOR PIPELINE SUPPORT GRANT PROGRAM

Section 1201-B. Scope of article.

This article relates to educator workforce.

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:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"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.

"Cooperating teacher." An individual who satisfies all of

the following:

(1) Holds a certification under section 1201 in the

subject area in which the individual will be providing

guidance to the student teacher.

(2) Has received at least three years of satisfactory

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ratings as a certified teacher.

(3) Has at least one year of certificated teaching

experience in the school entity where the student teacher is

placed.

"Department." The Department of Education of the

Commonwealth.

"Institution of higher education." A college or university

that offers 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).

"Nonpublic school." As defined in section 923.3-A(b).

"Program." The Educator Pipeline Support Grant Program

established under section 1203-B.

"School entity." A school district, intermediate unit, area

career and technical school, charter school, regional charter

school or cyber charter school operating within this

Commonwealth.

"Student teacher." An individual participating in a

classroom teaching experience who, as part of an approved

educator preparation program for the initial or advanced

preparation of professional educators, performs classroom

teaching or assists in a school entity's or nonpublic school's

education program under the supervision of a cooperating

teacher.

Section 1203-B. Program establishment and duties of agency.

(a) Establishment.--The Educator Pipeline Support Grant

Program is established within the agency.

(b) Duties.-- The agency, in consultation with the

department, shall administer the program and, in the agency's

sole discretion, award a grant to an individual who submits a

completed application and satisfies the eligibility requirements

under section 1204-B.

date of this subsection, the agency shall develop and make

available an application form that an individual who is seeking

placement as a student teacher may use to apply for a grant

under the program.

(d) (Reserved).

(e) Grant amount.--

(1) A student teacher shall receive a minimum grant of

$10,000.

(2) A payment received by an individual under this

article shall not be included in classes of income under

section 303 of the act of March 4, 1971 (P.L.6, No.2), known

as the Tax Reform Code of 1971.

(f) Additional grant amount for certain areas.--

(1) An eligible student teacher who completes required

student teaching in a school entity in an area of this

Commonwealth that attracts few student teachers or that has a

high rate of open teaching positions shall, in addition to

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the amount awarded under subsection (e)(1), receive a minimum

grant amount of $5,000. The agency, in consultation with the

department, shall utilize data from the department to

determine the areas identified in this paragraph.

(2) For the purposes of computing the tax under Article

III of the Tax Reform Code of 1971, the classes of income

under section 303 of the Tax Reform Code of 1971 shall not

include a payment received by an individual under this

article.

(g) Funding.--

(1) The agency shall use money appropriated for the

purpose of the program and may accept funding from public and

private sources, including the Federal Government, for the

payment of grants under this section.

(2) If the agency determines that the demand for the

program exceeds the available resources, the agency may

request additional funding as part of the agency's budget

request for the next fiscal year in accordance with section

610 of the act of April 9, 1929 (P.L.177, No.175), known as

The Administrative Code of 1929.

(h) Additional duties.--When the agency awards a grant to a

student teacher under this article, the agency shall also award

a grant payment to the student teacher's cooperating teacher.

The cooperating teacher shall receive a minimum grant of $2,500 .

The agency may reduce the grant award amount to a cooperating

teacher if the cooperating teacher receives compensation from an

institution of higher education for serving as a cooperating

teacher. An institution of higher education may not charge a

student teacher who receives a grant for the cost of paying a

cooperating teacher.

(i) Dissemination of information.--The agency shall annually

provide information about the program on the department's

publicly accessible Internet website and to all approved

educator preparation programs and public and nonpublic secondary

schools. An approved educator preparation program shall annually

disseminate information about the program, including information

identifying the school entities that qualify the student for an

additional grant award amount under subsection (f) .

(j) 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

the money received under the program for payment to student

teachers and c ooperating teachers as required by this section

and the agency.

(k) Administrative fee.--The agency may take a reasonable

administrative fee for direct costs associated with the

implementation, administration and servicing of the program. The

fee shall be taken from the funding received under subsection

(g) and may not exceed 5%.

Section 1204-B. Eligibility.

(a) Eligibility.--For an individual to be eligible for a

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grant as a student teacher under the program, the individual

shall meet all of the following:

(1) Be currently enrolled in an institution of higher

education located in this Commonwealth.

(2) Be currently enrolled in an approved educator

preparation program.

(3) Meet the minimum grade point average established

under 22 Pa. Code § 354.24 (relating to academic

performance).

(4) Be placed in a position as a student teacher at a

school entity or nonpublic school located in this

Commonwealth.

(5) Have obtained the necessary clearances required

under section 111 and 23 Pa.C.S. § 6344(a.1) (relating to

employees having contact with children; adoptive and foster

parents).

(6) Agree to work as a teacher at a school entity or

nonpublic school in this Commonwealth for a period of no less

than three years, unless the agency determines that there are

extenuating circumstances.

(b) Construction.--Nothing in this section shall be deemed

to create a right of an individual to receive a grant under the

program.

grant from the agency under the program as a student teacher.

This subsection shall not apply to grants received by a

cooperating teacher.

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:

(1) The number of applicants.

(2) The number of applicants who received a grant under

the program.

(3) The number of applicants who received an additional

award under section 1203-B(f).

(4) A list of school entities or nonpublic schools where

an applicant served as a student teacher.

(5) A list of approved educator preparation programs

where applicants who were awarded a grant were enrolled.

(6) A list of school entities where grantees are

employed following certification.

(7) The number of applicants who did not fulfill the

requirements under section 1204-B(a)(6).

(8) Any other information the agency determines.

(b) Coordination.--The department and the Department of

Labor and Industry shall assist the agency by providing

necessary data to determine outcomes related to the program.

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Section 1206-B. Data collection.

(a) Student teaching placement data.--The department shall

maintain a database of student teaching opportunities for the

upcoming school year. The following shall apply to the database:

(1) A school entity or nonpublic school who is

interested in hosting a student teacher may submit to the

department the number of student teachers the school entity

or nonpublic school is seeking for the upcoming school year.

If a school entity's or nonpublic school's request for

student teachers from the previous school year was not

fulfilled, the school entity or nonpublic school may report

the shortage of requested student teachers.

(2) Each approved educator preparation program shall

submit to the department the number of student teachers

placed by the approved educator preparation program in the

previous school year. If the approved educator preparation

program had more requests for student teachers than available

student teachers, the approved educator preparation program

shall report the shortage of available student teachers to

the department.

(3) No later than July 31, 2023, and each July 31

thereafter, each approved educator preparation program shall

report:

(i) The number of agreements between approved

educator preparation programs and school entities or

nonpublic schools for the purpose of placing student

teachers.

(ii) The name of each school entity or nonpublic

school with which an approved educator preparation

program entered into an agreement.

(iii) The number of student teachers placed in the

previous year by an approved educator preparation program

and the school entity or nonpublic school at which the

student teacher was placed.

(b) (Reserved).

Section 1207-B. Miscellaneous provisions.

(a) Institutions of higher education.--Within one year of

the effective date of this section, if an institution of higher

education requires a student enrolled in an approved educator

preparation program to take a class or seminar as part of the

student teaching experience while the student is participating

in a student teaching program, the institution of higher

education shall provide the student with the ability to

participate in the class or seminar by virtual means.

(b) Credit.--If a student teacher receives a grant under the

program, an approved educator preparation program may not

prohibit the student teacher from receiving academic credit for

participating in a student teacher experience if the student

teacher successfully completes the student teaching experience.

Amend Bill, page 10, line 11, by inserting after "7."

2023/90DMS/HB0027A02429 - 14 -

Sections 1328, 1338, 1376(a), 1377, 1377.1 and 1379,

Amend Bill, page 10, by inserting between lines 12 and 13

Section 1328. Compulsory Education of Children with Physical

[Defectives] Impairments.--Every parent, guardian, or other

person, having control or charge of any child of compulsory

school age who is [deaf or blind, or is so crippled, or whose

hearing or vision is so defective] so hearing impaired or

visually impaired as to make it impracticable to have such child

educated in the public schools of the district in which he is a

resident, shall allow such child to be sent to some school where

proper provision is made for the education of the [deaf, or of

the blind, or of crippled children,] hearing impaired or

visually impaired or shall provide for the tuition of such child

by a legally certified private tutor.

Section 1338. Dependent Children.--In case any child of

compulsory school age cannot be kept in school in compliance

with the provisions of this act, on account of incorrigibility,

truancy, insubordination, or [other bad conduct] behaviors which

impede the learning of self or others, or if the presence of any

child attending school is detrimental to the welfare of such

school, on account of incorrigibility, truancy, insubordination,

or [other bad conduct] behaviors which impede the learning of

self or others, the board of school directors may, by its

superintendent, secretary, attendance officer or State,

municipal, port authority, transit authority or housing

authority police officer, under such rules and regulations as

the board may adopt, proceed against said child before the

juvenile court, or otherwise, as is now or may hereafter be

provided by law for incorrigible, truant, insubordinate, or

dependent children.

Section 1376. Cost of Tuition and Maintenance of Certain

Exceptional Children in Approved Institutions.--(a) When any

child between school entry age and twenty-one (21) years of age

and resident in this Commonwealth, who is blind or deaf, or has

cerebral palsy and/or neurological impairment and/or muscular

dystrophy and/or is [mentally retarded] intellectually disabled

and/or has a serious emotional [disturbance] disability and/or

has autism/pervasive developmental disorder and is enrolled,

with the approval of the Department of Education, as a pupil in

an approved private school approved by the Department of

Education, in accordance with standards and regulations

promulgated by the State Board of Education, the school district

in which such child is resident or, for students placed by a

charter school, the charter school in which the student was

enrolled shall pay the greater of either twenty per centum (20%)

of the actual audited cost of tuition and maintenance of such

child in such school, as determined by the Department of

Education, or its "tuition charge per elementary pupil" or its

"tuition charge per high school pupil," as calculated pursuant

2023/90DMS/HB0027A02429 - 15 -

to section 2561, and the Commonwealth shall pay, out of funds

appropriated to the department for special education, the

balance due for the costs of such child's tuition and

maintenance, as determined by the department. For the school

years 1989-1990, 1990-1991 and 1991-1992, the school district

payment shall be no greater than forty percent (40%) of the

actual audited costs of tuition and maintenance of such child in

such school. For the 1992-1993 school year through the 2003-2004

school year, the school district or charter school payment shall

be the greater of forty percent (40%) of the actual audited

costs of tuition and maintenance of such child in such school,

as determined by the Department of Education, or its "tuition

charge per elementary pupil" or its "tuition charge per high

school pupil," as calculated pursuant to section 2561, and the

Commonwealth shall pay, out of funds appropriated to the

department for approved private schools, the balance due for the

costs of such child's tuition and maintenance, as determined by

the department. For the 2004-2005 school year and each school

year thereafter, the school district or charter school payment

shall be the greater of forty percent (40%) of the approved

tuition rate as established pursuant to subsection (c.3) or

(c.5) or the school district or charter school's "tuition

charges per elementary pupil" or "tuition charges per secondary

pupil" as calculated under section 2561, and the Commonwealth

shall pay out of funds appropriated to the department for

approved private schools the balance of the approved tuition

rate due for the cost of such child's tuition and maintenance.

The department will credit the district of residence with

average daily membership for such child consistent with the

rules of procedure developed in accordance with section 2501. If

the residence of such child in a particular school district

cannot be determined, the Commonwealth shall pay the whole cost

of tuition and maintenance of such child as established under

subsection (c.3) or (c.5).

* * *

Section 1377. Payment of Cost of Tuition and Maintenance of

Certain [Exceptional] Children with Disabilities.--(a) To

facilitate payments by the several school districts to the

schools or institutions in which [deaf or blind] children who

are hearing impaired or visually impaired, or cerebral palsied

and/or [brain damaged] have a brain injury and/or muscular

dystrophied, or socially and emotionally [disturbed] disabled or

[mentally retarded children] intellectually disabled are

enrolled, of amounts due by such districts for their proportion

of the cost of tuition and maintenance of such children, the

Secretary of Education shall withhold from any moneys due to

such districts out of any State appropriation for the assistance

as reimbursement of school districts, the amounts due by such

districts to such schools or institutions for the [blind or the

deaf] visually impaired or hearing impaired, or the cerebral

palsied and/or [brain damaged] who have a brain injury and/or

2023/90DMS/HB0027A02429 - 16 -

muscular dystrophied or the socially and emotionally [disturbed]

disabled and/or [mentally retarded] intellectually disabled .

Amounts so withheld shall be specifically appropriated to the

Department of Education.

(b) Payments of the Commonwealth's proportion of the cost of

tuition and maintenance of [blind or deaf] students who are

visually impaired or hearing impaired, or cerebral palsied

and/or [brain damaged] who have a brain injury and/or muscular

dystrophied, or socially and emotionally [disturbed] disabled

and/or [mentally retarded pupils] intellectually disabled and

are enrolled in schools or institutions for the [blind or for

the deaf] visually impaired or hearing impaired, or for the

cerebral palsied and/or [brain damaged] brain injured and/or

muscular dystrophied, or for the socially and emotionally

[disturbed] disabled and of the cost of instruction of parents

of [blind] visually impaired pupils less than school entry age,

as hereinbefore provided, shall be made quarterly, out of moneys

appropriated to the Department of Education for special

education. Except for the provisions of section 1376.1 providing

for the actual cost of tuition and maintenance of certain

[exceptional] children with disabilities in the four chartered

schools for education of the [deaf and of the blind] hearing

impaired or visually impaired, in no event shall the total

payment for the cost of tuition and maintenance of any such

child exceed the rates per year allowed under section 1376. The

maximum amount payable for the cost of tuition and maintenance

of such children shall be subject to review at least once every

two years for the purpose of recommending an adjustment thereof.

to determine from time to time what amounts are due to schools

for the [blind or for the deaf] visually impaired or hearing

impaired or for the cerebral palsied and/or [brain damaged]

brain injured and/or muscular dystrophied or for the socially

and emotionally [disturbed] disabled and/or [mentally retarded]

intellectually disabled hereunder, such schools shall forward to

the department, at such times and in such form as the department

shall prescribe, sworn statements setting forth the names, ages,

and residences of all pupils enrolled hereunder, specifying the

school districts liable for a part of the cost of tuition and

maintenance of any such pupils, the per capita cost of and

maintenance of pupils, and such other information as the

department shall require.

For the purpose of providing adequate administration of the

program and to carry out the preaudit functions authorized in

section 1376(a), one-half of one percent (.50%) of the total

appropriations for approved private schools from all funds shall

be allocated to the Department of Education.

(d) When, during the course of the 1982-1983 school year,

programs for [exceptional] children with disabilities are caused

to be transferred from schools or institutions for the [blind or

deaf] visually impaired or hearing impaired, or cerebral palsied

2023/90DMS/HB0027A02429 - 17 -

or [brain damaged] brain injured or muscular dystrophied or

[mentally retarded] intellectually disabled , or socially and

emotionally [disturbed] disabled, as provided for in sections

1376 and 1376.1, to school districts or intermediate units, as

provided for in sections 2509 and 2509.1, under unanticipated or

emergency circumstances, and when such transfers necessitate the

transfer of funds from the appropriation to the Department of

Education for special education for approved private schools to

the appropriation to the Department of Education for payments on

account of special education of [exceptional] children with

disabilities in public schools, the Secretary of Education shall

be empowered so to transfer such funds, upon approval of the

Secretary of the Budget and written notification to the State

Treasurer and the chairmen of the House and Senate

Appropriations and Education Committees.

Section 1377.1. Transfer of Funds for Transferal Programs.--

When, during the course of a school year or after the end of a

school year, programs for [exceptional] children with

disabilities are caused to be transferred from schools or

institutions for the [blind or deaf] visually impaired or

hearing impaired, or cerebral palsied or [brain damaged] brain

injured or muscular dystrophied or [mentally retarded]

intellectually disabled , or socially and emotionally [disturbed]

disabled, as provided for in sections 1376 and 1376.1, to school

districts or intermediate units, as provided for in sections

2509 and 2509.1, and when such transfers necessitate the

transfer of funds from the appropriation to the Department of

Education for special education for approved private schools to

the appropriation to the Department of Education for payments on

account of special education of [exceptional] children with

disabilities in public schools, the Secretary of Education shall

be empowered to transfer such funds, upon approval of the

Secretary of the Budget and written notification to the State

Treasurer and the chairmen of the House and Senate

Appropriations and Education Committees.

Section 1379. Children Under Six with [Defective] Impaired

Hearing; Parent or Guardian Advised of Schools, etc.--Whenever

notified by the Department of Health of the case of a minor

under six (6) years of age, who is totally [deaf or whose

hearing is impaired] or partially hearing impaired, the

Superintendent of Public Instruction, when in his judgment the

same is deemed desirable, shall communicate to the parent or

guardian the location of any special schools, and also the

nearest public school having special classes for the instruction

of the [hard of] hearing impaired, with the information

concerning the advantages offered by such school or classes, the

benefits to accrue to the child from attending such school or

classes, and the manner in which the expenses of such

instruction will be provided for.

Amend Bill, page 54, line 30, by striking out "OR" and

2023/90DMS/HB0027A02429 - 18 -

inserting a comma

Amend Bill, page 55, line 1, by inserting after "SCHOOL"

, approved private school or chartered school for the

education of the deaf or the blind

Amend Bill, page 71, line 12, by striking out "AND" and

inserting a comma

Amend Bill, page 71, line 12, by inserting after "1314-C(B)

(3)(I)(C)"

and 1403

Amend Bill, page 72, line 24, by striking out all of said

line and inserting

Section 1403. Dental [Examinations] Screenings and Dental

Hygiene Services.--(a) All children of school age in the

Commonwealth, (i) upon original entry into the school, (ii)

while in the third grade, and (iii) while in the seventh grade,

shall be given a dental [examination] screening by a school

dentist or public health dental hygiene practitioner: Provided,

however, That this requirement shall not apply to those school

districts or joint school boards which have instituted a program

of dental hygiene services as provided in subsection (b) of this

section.

(b) Any school district or joint school board may institute

a program of dental hygiene services for children of school age,

which program shall be approved by the Secretary of Health, and

for that purpose may employ dental hygienists.

district or joint school board that has not instituted a program

of dental hygiene services as provided under subsection (b) may

use a public health dental hygiene practitioner to satisfy the

requirements under this section.

(d) As used in this section, the term "public health dental

hygiene practitioner" shall have the same meaning given to that

term in section 2 of the act of May 1, 1933 (P.L.216, No.76),

known as "The Dental Law."

Section 21. The act is amended by adding sections to read:

Section 1426. Eating Disorder Awareness and Education.--(a)

A school entity shall annually provide information regarding

eating disorder awareness and education for pupils in grades six

through twelve to parents, guardians and key school personnel.

The information shall be consistent with the educational

information and materials and recommendations established under

this section.

2023/90DMS/HB0027A02429 - 19 -

(b) A school entity shall provide the educational

information and materials to parents, guardians and key school

personnel annually via email, first class mail or on the school

entity's publicly accessible Internet website.

Health, shall develop educational information and materials and

make recommendations for providing information regarding eating

disorder awareness and education to parents, guardians and key

school personnel.

(d) The educational information and materials and

recommendations shall:

(1) Be developed with input from the Eating Disorders

Advisory Committee established under this section.

(2) Be posted on the department's publicly accessible

Internet website in a variety of languages for dissemination to

parents, guardians and key school personnel by school entities.

(3) Explain the importance of eating disorder prevention

education and resources for school entities and key school

personnel.

(4) List the warning signs, risk factors and resources about

eating disorders.

(e) The secretary shall establish the Eating Disorders

Advisory Committee to offer recommendations to the department

and the Department of Health concerning eating disorder

awareness and education, including the types and warning signs

of eating disorders, weight and body image disorder, excessive

compulsive exercise and orthorexia nervosa.

(f) The secretary shall appoint members to the Eating

Disorders Advisory Committee from specialized organizations and

entities, including the Pennsylvania School Boards Association,

the Pennsylvania Association of School Administrators, the

National Alliance for Eating Disorders, the Pennsylvania

Association of School Nurses and Practitioners, the Pennsylvania

Chapter of the American Academy of Pediatrics, the Pennsylvania

Academy of Family Physicians, the International Association of

Eating Disorders Professionals Foundation and the Academy for

Eating Disorders.

(g) Members of the Eating Disorders Advisory Committee shall

serve without compensation.

(h) During the first year after the establishment of the

Eating Disorders Advisory Committee, the committee shall meet at

least two times per school year at the call of the secretary or

the secretary's designee, who shall serve as chairperson. The

first meeting of the committee shall occur within sixty (60)

days of the effective date of this section.

(i) During subsequent years, the Eating Disorders Advisory

Committee shall meet at least one time per school year to

reassess the information provided to school entities and to

parents.

(j) The department shall make available the educational

information and materials and recommendations developed under

2023/90DMS/HB0027A02429 - 20 -

this section to school entities within one year after the

establishment of the Eating Disorders Advisory Committee.

(k) The department, the Department of Health and the Eating

Disorders Advisory Committee shall identify and develop

appropriate additions or revisions to the Commonwealth's school

health regulations and materials related to the development of

parent educational information, including guidance regarding the

clear delineation of health information from other

administrative documentation.

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

shall have the meanings given to them in this subsection:

"Department." The Department of Education of the

Commonwealth.

"Key school personnel." Includes school principals, vice

principals, school counselors and school psychologists.

"Nonpublic school." A school, other than a public school,

within this Commonwealth:

(1) in which a resident of this Commonwealth may legally

fulfill the compulsory school attendance requirements of this

act; and

(2) that meets the requirements of 42 U.S.C. Ch. 21 Subch. V

(relating to federally assisted programs) (Title VI of the Civil

Rights Act of 1964).

"School entity." A school district, area career and

technical school, charter school, cyber charter school, regional

charter school, intermediate unit or nonpublic school.

"Secretary." The Secretary of Education of the Commonwealth.

Section 1403.1-A. Enrollment of students.

(a) Conditions.--A student may enroll in the recovery high

school under the program established in section 1402-A if the

following apply:

(1) Subject to paragraph (2), the student resides in a

school district of the first class and the student's parent

or guardian has applied for enrollment in the recovery high

school on the student's behalf.

(2) If fewer than 20 students residing in a school

district of the first class enroll in the recovery high

school under the program at any time, a student who resides

in a school district other than a school district of the

first class may enroll in the recovery high school under the

program if the student's parent or guardian has applied for

enrollment in the recovery high school on the student's

behalf.

(b) Payment.--The Department of Education shall pay any

tuition due from the student's school district of residence

under section 1405-A to the recovery high school by subtracting

the amount from State subsidies payable to the student's school

district of residence.

Section 1525.1. Calculation of Average Daily Membership for

a Dual Credit Course.--(a) Notwithstanding 22 Pa. Code § 11.5

(relating to part-time attendance for potential graduates) or

2023/90DMS/HB0027A02429 - 21 -

any other provision of law, each high school student who is

enrolled in a dual credit course through an agreement entered

into in accordance with section 1525 may be included in the

school entity's average daily membership.

(b) By September 1 of each school year, the Department of

Education shall issue a report on the data compiled by the

department in section 1525(e) to the chair and minority chair of

the Appropriations Committee of the Senate, the chair and

minority chair of the Appropriations Committee of the House of

Representatives, the chair and minority chair of the Education

Committee of the Senate and the chair and minority chair of the

Education Committee of the House of Representatives.

Section 22. Section 1551(a), (b) and (f) of the act are

amended and the section is amended by adding a subsection to

read:

Section 1551. Economic Education and Personal Financial

Literacy Programs.--(a) The department shall have the power and

its duty shall be to:

(1) Provide resource information on economics, economic

education and personal financial literacy to educators and

public and private schools and organizations. The department

shall review and update its existing resource information

following completion of the review of the State standards under

the State Board of Education's standards under paragraph (2)

(ii).

(2) Provide for the distribution, including through the

department's Internet website, to school entities [or] and

private, nonpublic, elementary or secondary schools in this

Commonwealth, [teacher] of model curriculum materials and other

available resources, including economic education partnership

programs, on economic education and personal financial literacy,

including the basic principle involved with earning, spending,

saving and investing money. The model curriculum materials shall

align with and complement existing State standards for

[Economics, Family and Consumer Science, and Career Education

and Work] personal financial literacy as set forth in 22 Pa.

Code Ch. 4 (relating to academic standards and assessment). The

following shall apply:

(i) The department shall review and update its existing

model curriculum materials and other available resources as

necessary no later than the beginning of the 2025-2026 school

year and within one year after any revision of the State

standards under subparagraph (ii).

(ii) The State Board of Education shall review the existing

State standards for Economics, Family and Consumer Science, and

Career Education and Work as set forth in 22 Pa. Code Ch. 4 and

revise the standards as necessary to implement the provisions of

this subarticle.

(3) Identify and recognize Commonwealth schools that

implement exemplary economic and economic education and personal

2023/90DMS/HB0027A02429 - 22 -

financial literacy curricula at each benchmark as set forth in

existing State standards for Economics, Family and Consumer

Science, and Career Education and Work as set forth in 22 Pa.

Code Ch. 4.

(4) Maintain an inventory of model curriculum economic

education and personal financial literacy materials, programs

and resources available in Commonwealth agencies.

(b) In distributing model curriculum materials and resources

for use in schools, the department shall consider those

currently available through international, national, Statewide

and local economic, banking trade and personal finance education

organizations.

(b.1) (1) Beginning with the 2026-2027 school year and in

each school year thereafter, a school entity or nonpublic school

shall provide a mandatory course in personal financial literacy

with a value of at least one-half credit or half of a full

credit. Students shall be required to complete the course once

during grade nine, ten, eleven or twelve.

(2) Nothing in this subsection shall be construed to

circumvent the provisions of 20 U.S.C. Ch. 33 (relating to

education of individuals with disabilities). A student's

individualized education program may provide for accommodations

to enable the student to complete the course required under

paragraph (1).

(3) The department shall develop or identify a model

curriculum and a list of education materials which a school

entity or nonpublic school may use in providing the course

required under paragraph (1). The department shall consult with

multiple organizations specializing in financial literacy

education in developing the model curriculum and educational

materials. The department may update existing model curriculum

materials if necessary and other available resources under

subsection (a) as necessary to comply with this paragraph and

shall update the existing model curriculum materials and other

available resources within one year of the date of revision of

the State standards under subsection (a)(2)(ii).

(4) The department shall clarify which certifications are

necessary to qualify an educator to provide instruction of the

course required under paragraph (1), which shall include, at a

minimum, family and consumer science, business, computer and

information technology, mathematics and social studies. The

department shall revise its certification and staffing policy

guidelines as necessary to reflect the qualifications specified

under this paragraph.

(5) An educator who is assigned to provide instruction of

the course required under paragraph (1) may not:

(i) lose a planning period as a result of the assignment,

except in accordance with a collective bargaining agreement

between a school entity and an employe organization; or

(ii) bear any costs related to earning an add-on

certification necessary to provide the instruction.

2023/90DMS/HB0027A02429 - 23 -

(6) Nothing in this subsection shall supersede or preempt

any provision of a collective bargaining agreement between a

school entity and an employe organization.

* * *

(f) The following words and phrases when used in this

section shall have the meanings given to them in this

subsection:

"Department." The Department of Education of the

Commonwealth.

"Educator." As defined in section 1.2 of the act of December

12, 1973 (P.L.397, No.141), known as the "Educator Discipline

Act."

"Nonpublic school." A nonprofit school, other than a public

school, where a resident of this Commonwealth may legally

fulfill the compulsory school attendance requirements of this

act and which meet the requirements of 42 U.S.C. Ch. 21 Subch. V

(relating to federally assisted programs).

"Personal financial literacy." The integration of various

factors relating to personal financial management, including

understanding financial institutions, using money, learning to

manage personal assets and liabilities, creating budgets and any

other factors that may assist an individual in this Commonwealth

to be financially responsible.

"Planning period." A period of time during a school day

which an educator may use for professional duties, including

instructional preparation and planning, communications with

parents and legal guardians of students and evaluating student

work.

"School entity." A [public] school district, charter school,

cyber charter school, regional charter school, intermediate unit

or area career and technical school.

"Secretary." The Secretary of Education of the Commonwealth.

Section 23. The act is amended by adding a section to read:

Section 1517-D. Quarterly meetings.

Beginning with the 2023-2024 fiscal year, the Secretary of

Education and Secretary of Human Services shall report, on a

quarterly basis, in person to the chairperson and minority

chairperson of the Appropriations Committee of the Senate and

the chairperson and minority chairperson of the Appropriations

Committee of the House of Representatives or their designees,

information pertaining to the operation of the program,

including the most recent data reflecting the full-time

equivalent number of program-funded slots and the full-time

equivalent number of program-enrolled slots by lead agency

applicant and by county.

Section 24. Section 1502-E(b) of the act is amended to read:

Section 1502-E. Character education program.

* * *

(b) Curriculum contents.--The program may include and teach

the following basic civil values and character traits:

(1) Trustworthiness, including honesty, integrity,

2023/90DMS/HB0027A02429 - 24 -

reliability and loyalty.

(2) Respect, including regard for others, tolerance and

courtesy.

(3) Responsibility, including hard work, economic self-

reliance, accountability, diligence, perseverance and self-

control.

(4) Fairness, including justice, consequences of [bad

behavior] behaviors that impede the learning of self or

others, principles of nondiscrimination and freedom from

prejudice.

(5) Caring, including kindness, empathy, compassion,

consideration, generosity and charity.

(6) Citizenship, including love of country, concern for

the common good, respect for authority and the law and

community mindedness.

* * *

Section 25. The act is amended by adding an article to read:

Article XV-N

Dual Credit Innovation and Equity Grant Program

Section 1501-N. 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:

"Department." The Department of Education of the

Commonwealth.

"Dual credit." Credit received under an agreement between a

school entity and an institution of higher education approved to

operate in the Commonwealth in which a student earns both high

school and postsecondary credit by taking a single postsecondary

course.

"Grant." A grant provided under the program.

"Program." The Dual Credit Innovation and Equity Grant

Program established in section 1502-N.

"Public institution of higher education." An institution of

the State System of Higher Education established under Article

XX-A, a community college established under Article XIX-A,

Thaddeus Stevens College of Technology established under Article

XIX-B or the rural regional college established under Article

XIX-G.

"School entity." A school district, area career and

technical school, charter school, cyber charter school or

regional charter school.

Section 1502-N. Dual Credit Innovation and Equity Grant

Program.

(a) Establishment.--The Dual Credit Innovation and Equity

Grant Program is established within the department to award

grants to public institutions of higher education that offer

dual credit opportunities to high school students enrolled in a

school entity.

(b) Use of funds.--Program funds shall be used for the

purpose of increasing the capacity for public institutions of

2023/90DMS/HB0027A02429 - 25 -

higher education to provide dual credit courses. Funds awarded

through a grant may be used for the following:

(1) To operate dual credit courses that are tuition free

to high school students.

(2) To support public institutions of higher education

in seeking external accreditation for their dual credit

courses.

(3) To provide a system of wraparound student supports

to aid students enrolled in dual credit courses to be

successful in the courses and to successfully transition to

postsecondary education upon graduation from high school.

(4) To increase the use of no-cost or low-cost textbooks

or course materials used in dual credit courses.

(5) For professional development activities for high

school teachers to enable them to teach dual credit courses.

funding to public institutions of higher education that expand

the current offerings of the public institution of higher

education, with a particular emphasis on providing courses

aligned with high priority career paths and serving students

experiencing education instability as defined in section 1331.1,

students enrolled in career and technical education programs,

low-income students, historically underserved student groups and

students in rural areas of the Commonwealth.

Section 1503-N. Reporting and accountability.

For the purpose of improving data collection and transparency

related to the value of dual credit courses to the success of

students as they graduate high school and transition to

postsecondary education, the department shall annually collect

student-level data from grant recipients and post aggregate, de-

identified information related to all of the following on the

department's publicly accessible Internet website:

(1) The demographics of students enrolled in dual credit

courses.

(2) The high school graduation rate of students enrolled

in dual credit courses.

(3) The percentage of economically disadvantaged

students enrolled in dual credit courses and the percentage

of students enrolled in dual credit courses who are

economically disadvantaged.

(4) The percentage of dual credit students who enroll in

a regionally accredited postsecondary institution the fall

after graduation, within one year and within two years after

high school graduation.

(5) The number of college credits earned by students

enrolled in dual credit courses while in high school.

(6) An estimate of the cost savings to the families of

students enrolled in dual credit courses.

(7) The percentage of dual credit students who enroll in

a community college, Thaddeus Stevens College of Technology

or the Northern Pennsylvania Regional College following high

2023/90DMS/HB0027A02429 - 26 -

school graduation and go on to graduate or transfer to a

four-year institution within two, three and four years of

high school graduation.

(8) The percentage of dual credit students who enroll in

a State System of Higher Education institution following high

school graduation and go on to graduate in four, five or six

years.

(9) The percentage of dual credit students who attend

postsecondary institutions located in Pennsylvania following

graduation compared to those who attend out-of-State

postsecondary institutions.

Section 26. Section 1607(b) of the act is amended by adding

a paragraph and the section is amended by adding a subsection to

read:

Section 1607. Attendance in Other Districts.--* * *

(b) If a third class school district operating under a

special board of control pursuant to section 692 has, with the

approval of the Secretary of Education, curtailed its

educational program by eliminating its high school and has not

assigned its high school pupils to another school district and

provided adequate transportation in a manner under subsection

(a), the secretary shall have the following authority:

* * *

(5) For the 2023-2024 school year and each school year

thereafter, the per pupil tuition rate that a school district

designated under paragraph (1) shall receive for each reassigned

student in a regular or special education program shall be the

sum of:

(i) the tuition rate established for the prior school year;

and

(ii) the product of:

(A) the tuition rate established for the prior school year;

and

(B) the average of the most recent percentage increase in

the Statewide average weekly wage and the employment cost index

as defined in the "Taxpayer Relief Act."

* * *

(b.2) (1) A school district that eliminated its high school

under subsection (b) shall not reopen its high school without

the approval of the Secretary of Education.

(1.1) The distressed school district subject to this section

may submit a plan to reopen its high school to the Secretary of

Education.

(2) Upon receipt of a plan, the Secretary of Education may

consider the following information as a basis for approval:

(i) The financial sustainability of the plan to reopen the

high school.

(ii) The demographic trends of the distressed school

district subject to this section.

(iii) Proposed faculty levels and curriculum offerings.

(iv) The contents of the most recent report required under

2023/90DMS/HB0027A02429 - 27 -

subsection (i)(2).

(v) The involvement of the school districts identified under

subsection (b)(1) in the plan to reopen the high school.

(vi) Any other information as determined by the Secretary of

Education.

* * *

Section 27. Section 1913-A(b)(1.6) of the act is amended by

adding a subparagraph 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:

* * *

(xviii) For the 2023-2024 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 2022-2023 under subparagraphs (xvi)(A)

and (C) and (xvii).

(B) An amount equal to the economic development stipend

received in fiscal year 2022-2023 under subparagraph (xvi)(B).

clauses (A) or (B), an additional amount for operating costs

determined for each community college, as follows:

(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 $5,130,000.

(II) Divide the product in subclause (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 subparagraphs (A)

and (B).

* * *

Section 28. (Reserved).

Section 29. Section 2003-B(c)(1) and (2), (d.1)(2)

introductory paragraph and (d.3)(4) and (5) of the act, amended

July 8, 2022 (P.L.620, No.55), are amended, subsections (c), (d)

and (d.1) are amended by adding paragraphs and the section is

amended by adding a subsection to read:

Section 2003-B. Qualification and application by organizations.

* * *

economically disadvantaged schools and pre-kindergarten

scholarship organizations.--A scholarship organization,

scholarship organization for economically disadvantaged schools

or pre-kindergarten scholarship organization must certify to the

department that the organization is eligible to participate in

the educational improvement tax credit program established under

this article and must agree to annually report the following

information based on the immediately preceding fiscal year to

2023/90DMS/HB0027A02429 - 28 -

the department by November 1 of each year:

(1) For each fiscal year through the 2023-2024 fiscal

year:

(i) The number of scholarships awarded during the

immediately preceding school year to eligible pre-

kindergarten students.

(ii) The total and average amounts of the

scholarships awarded during the immediately preceding

school year to eligible pre-kindergarten students.

(iii) The number of scholarships awarded during the

immediately preceding school year to eligible students in

grades kindergarten through eight.

(iv) The total and average amounts of the

scholarships awarded during the immediately preceding

school year to eligible students in grades kindergarten

through eight.

(v) The number of scholarships awarded during the

immediately preceding school year to eligible students in

grades nine through 12.

(vi) The total and average amounts of the

scholarships awarded during the immediately preceding

school year to eligible students in grades nine through

12.

(vii) Where the scholarship organization or pre-

kindergarten scholarship organization collects

information on a county-by-county basis, the total number

and the total amount of scholarships awarded during the

immediately preceding school year to residents of each

county in which the scholarship organization or pre-

kindergarten scholarship organization awarded

scholarships.

(viii) The total number of scholarship applications

processed and the amounts of any application fees

charged, either per scholarship application or in the

aggregate through a third-party processor.

(ix) The organization's Federal Form 990 or other

Federal form indicating the tax status of the

organization for Federal tax purposes, if any, and a copy

of a compilation, review or audit of the organization's

financial statements conducted by a certified public

accounting firm.

(1.1) For the 2024-2025 fiscal year and each fiscal year

thereafter:

(i) For each scholarship award given to an

applicant:

(A) An indicator of whether the applicant was an

eligible student or an eligible student with a

disability.

(B) An indicator of whether the applicant was in

grades kindergarten through eight or grades nine

through 12.

2023/90DMS/HB0027A02429 - 29 -

(D) The percentage of the applicant's total

annual tuition and school-related fees offset by the

scholarship award.

(E) The household income of the recipient's

household members reported in ranges determined by

the department.

(F) For the year in which the scholarship award

was used:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(G) For the year prior to the year in which the

scholarship award was used:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(ii) For each scholarship award denied to the

applicant:

(A) An indicator of whether the applicant was an

eligible student or an eligible student with a

disability.

(B) An indicator of whether the applicant was in

grades kindergarten through eight or grades nine

through 12.

household members reported in ranges determined by

the department.

(D) For the year in which the scholarship award

was denied:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(E) For the year prior to the year in which the

scholarship award was denied:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(iii) The information provided under subparagraphs

(i) and (ii) shall not include personally identifiable

information.

(2) The information required under [paragraph (1)]

paragraphs (1) and (1.1) shall be submitted on a form

provided by the department. No later than September 1 of each

year, the department shall annually distribute such sample

forms, together with the forms on which the reports are

required to be made, to each listed scholarship organization

2023/90DMS/HB0027A02429 - 30 -

and pre-kindergarten scholarship organization.

(2.1) Beginning with the annual report due November 1,

2025, the department shall annually post the information

required under paragraph (1.1) in a downloadable spreadsheet

on the department's publicly accessible Internet website.

* * *

(d) Educational improvement organization.--

* * *

(2.1) The department shall annually post the information

required under paragraph (1)(i), (ii), (iii) and (iv) in a

downloadable spreadsheet on the department's publicly

accessible Internet website.

* * *

(d.1) Opportunity scholarship organizations.--

* * *

(2) [An] For each fiscal year through the 2023-2024

fiscal year, an opportunity scholarship organization must

agree to report the following information on a form provided

by the department by November 1 of each year:

* * *

(2.1) For the 2024-2025 fiscal year and each fiscal year

thereafter, an opportunity scholarship organization must

agree to report the following information on a form provided

by the department by November 1 of each year:

(i) For each scholarship award given to an

applicant:

(A) An indicator of whether the applicant was an

eligible student or an eligible student with a

disability.

(B) An indicator of whether the applicant was in

grades kindergarten through eight or grades nine

through 12.

(D) The percentage of the applicant's total

annual tuition and school-related fees offset by the

scholarship award.

(E) The household income of the recipient's

household members reported in ranges determined by

the department.

(F) For the year in which the scholarship award

was used:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(G) For the year prior to the year in which the

scholarship award was used:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

2023/90DMS/HB0027A02429 - 31 -

(ii) For each scholarship award denied to an

applicant:

(A) An indicator of whether the applicant was an

eligible student or an eligible student with a

disability.

(B) An indicator of whether the applicant was in

grades kindergarten through eight or grades nine

through 12.

household members reported in ranges determined by

the department.

(D) For the year in which the scholarship award

was denied:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(E) For the year prior to the year in which the

scholarship award was denied:

(I) The name of the applicant's school

district of residence.

(II) The name of the school entity that the

applicant attended.

(iii) The information provided under subparagraphs

(i) and (ii) may not include personally identifiable

information.

* * *

(3.1) Beginning with the annual report due November 1,

2025, the department shall annually post the information

required under paragraph (2.1) in a downloadable spreadsheet

on the department's publicly accessible Internet website.

* * *

(d.3) Scholarship organization for economically

disadvantaged schools.--

* * *

[(4) A scholarship organization for economically

disadvantaged schools shall annually report the following

information to the department by November 1 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.

(5) The department may not require additional

information to be provided by a scholarship organization for

economically disadvantaged schools except as expressly

authorized under this article.]

(d.4) Accountability for contributions not used to fund

scholarship programs, pre-kindergarten scholarship programs,

2023/90DMS/HB0027A02429 - 32 -

opportunity scholarship programs or educational improvement

programs.--

(1) The department shall establish guidelines pertaining

to the allowable uses of contributions not used to fund

scholarship programs, pre-kindergarten scholarship programs,

opportunity scholarship programs or educational improvement

programs. The allowable uses shall include:

(i) Overhead costs directly related to the

administration of a scholarship program, pre-kindergarten

scholarship program, opportunity scholarship program or

educational improvement program.

(ii) Payment for third-party household income

validation related to maximum annual household income

requirements.

(iii) Any other use that the department deems

appropriate.

(2) A scholarship organization, pre-kindergarten

scholarship organization, opportunity scholarship

organization or educational improvement organization shall

annually report, in a form and manner prescribed by the

department, the use of contributions not used to fund the

scholarship program, pre-kindergarten scholarship program,

opportunity scholarship program or educational improvement

program, as applicable. The department may request supporting

documentation.

(3) The department shall annually publish the following

information on its publicly accessible Internet website for

each scholarship organization, pre-kindergarten scholarship

organization, opportunity scholarship organization or

educational improvement organization:

(i) The annual contributions received.

(ii) The annual expenditures spent.

(iii) The annual expenditures earmarked.

(iv) The total annual expenditures or the sum of the

annual expenditures spent and earmarked.

(v) The total annual expenditures as a percentage of

total annual contributions.

(vi) A description of how the annual contributions

that were not used to fund the scholarship program, pre-

kindergarten scholarship program, opportunity scholarship

program or educational improvement program, as

applicable, were spent.

* * *

Section 30. Section 2006-B(a) of the act, amended July 8,

2022 (P.L.620, No.55), 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

2023/90DMS/HB0027A02429 - 33 -

[$340,000,000] $425,000,000 in a fiscal year. The following

shall apply:

(i) No less than [$263,000,000] $280,000,000 of the

total aggregate amount shall be used to provide tax

credits for contributions from business firms to

scholarship organizations.

(ii) No less than [$44,500,000] $64,500,000 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

[$20,500,000] $30,500,000 in a fiscal year.

(iv) No less than [$12,000,000] $50,000,000 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 [$65,000,000]

$130,000,000 in a fiscal year.

* * *

Section 31. Sections 2010-B(d) and 2108 of the act are

amended to read:

Section 2010-B. Low-achieving schools.

* * *

[(d) Notification to parents.--

(1) Within 15 days of receipt of a notification under

subsection (b), a school district shall notify the parents of

each student who is currently attending or residing within

the attendance boundary of a low-achieving school during the

school year of the school's designation.

(2) Upon registration of a kindergarten student, a

school district shall notify the parents of the kindergarten

student that the student will be assigned to a low-achieving

school during the school year of the school's designation.

(3) The notice shall be in a form provided by the

Department of Education and shall provide the following

information regarding the opportunity scholarship program:

(i) A description of the opportunity scholarship

program.

(ii) Instructions for obtaining information about

applying for an opportunity scholarship under the

2023/90DMS/HB0027A02429 - 34 -

opportunity scholarship program.

(iii) Notice of the parent's responsibilities with

regard to applying to a school district of a

participating public school or a participating nonpublic

school if the parent seeks to enroll the student in the

opportunity scholarship program.]

* * *

Section 2108. Qualifications of Principals and Teachers.--

The board of public education in each school district of the

first class shall prescribe the mode or modes of determining the

qualifications of applicants for positions as principals or

teachers in the schools of the district, and shall designate the

kinds or grades of teachers' certificates which may or shall be

used in the district, together with the scholastic,

professional, and personal qualifications required for each kind

or grade of certificate.

No certificate shall be granted to any person who is not of

good moral character, or to any person who shall not first have

presented a certificate, from a physician recognized by the

board of public education as competent for the purpose, setting

forth that said applicant is neither mentally nor physically

disqualified by reason of tuberculosis, or any other chronic or

acute physical [defect] impairment, from successfully performing

the duties of a teacher.

Section 32. The act is amended by adding a section to read:

Section 2327. State Aid for Fiscal Year 2023-2024.

Notwithstanding any other provision of law to the contrary,

from money appropriated for a subsidy to public libraries, funds

shall be distributed in fiscal year 2023-2024 as follows:

(1) The State Librarian shall distribute $6,717 to each

district library center that received less than the amount

specified under 24 Pa.C.S. § 9338(b)(2) (relating to district

library center aid) in fiscal year 2022-2023 from funds

allocated under section 2326(1).

(2) All funds remaining after the distribution under

paragraph (1) 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 2022-2023 under section

2326(1) and paragraph (1) by the sum of the total amount

of State aid provided under section 2326(1) and paragraph

(1).

(ii) Multiply the quotient under subparagraph (i) by

$70,422,981.

(3) Following distribution of funds appropriated for

State aid to libraries under paragraphs (1) and (2), any

remaining funds may be distributed at the discretion of the

State Librarian.

(4) If funds appropriated for State aid to libraries in

fiscal year 2023-2024 are less than funds appropriated in

fiscal year 2002-2003, the State Librarian may waive

2023/90DMS/HB0027A02429 - 35 -

standards as prescribed in 24 Pa.C.S. Ch. 93 (relating to

Public Library Code).

(5) 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.

(6) 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.

(7) 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.

(8) 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

share of aid to the library currently servicing the area.

Section 33. Sections 2302-A introductory paragraph and (5)

and 2501(11) of the act are amended to read:

Section 2302-A. Regulation of On-Campus Credit Card

Marketing.--The board shall require an institution of higher

education to establish a policy that regulates the marketing of

credit cards on campus. The policy may prohibit any marketing of

credit cards on the campus. In establishing the policy, the

institution of higher education shall, for students entering in

the 2024-2025 school year, incorporate into orientation

programming presentations on credit card debt education and

money management skills for students. The institution of higher

education shall also consider all of the following:

* * *

[(5) Incorporating into orientation programming a credit

card debt education presentation.]

Section 2501. Definitions.--For the purposes of this article

the following terms shall have the following meanings:

* * *

(11) "Actual Instruction Expense Per Elementary Teaching

Unit, Actual Instruction Expense Per Elementary Teaching Unit in

a Laboratory School of a State-owned College, Actual Instruction

Expense Per Secondary Teaching Unit, Actual Instruction Expense

Per Secondary Teaching Unit in a Laboratory School of a State-

owned College, Actual Instruction Expense Per Joint Elementary

Teaching Unit, Actual Instruction Expense Per Joint Secondary

Teaching Unit, Actual Instruction Expense Per Area Technical

School Teaching Unit." In 1958 in the month of September and

2023/90DMS/HB0027A02429 - 36 -

thereafter annually in the month of September, the Department of

Education shall calculate for each school district for the

immediately preceding school year the actual instruction expense

per elementary teaching unit for elementary pupils educated in

the district's public schools, the actual instruction expense

per secondary teaching unit for secondary pupils educated in the

district's public schools, the actual instruction expense per

joint elementary teaching unit for elementary pupils educated in

elementary schools of jointures of which the district is a

member, the actual instruction expense per joint secondary

teaching unit for secondary pupils educated in secondary schools

of jointures of which the district is a member, the actual

instruction expense per area technical school teaching unit for

pupils educated in area technical schools in which the district

participates, the actual instruction expense per elementary

teaching unit for elementary pupils residing in the district and

educated in the public schools of other districts within the

Commonwealth, and the actual instruction expense per secondary

teaching unit for secondary pupils residing in the district and

educated in the public schools of other districts within the

Commonwealth. In each case, actual instruction expense per

teaching unit shall be the sum of (i) and (ii) below but in no

case shall include expenses for debt service, capital outlay,

rentals of capital facilities and equipment, salaries and

expenses for school nurses, for medical and dental services, for

driver education courses, for reimbursable transportation of

pupils, for tuition paid to other school districts, for

reimbursable board and lodging in lieu of transportation, for

salaries of directors and supervisors of special education,

public school psychologists, principals of special schools and

assistants, teachers of approved special classes for [physically

and mentally handicapped] children with physical or mental

disabilities, clerks and assistants employed in programs for

special education, for school district contributions to the

retirement fund on behalf of directors and supervisors of

special education, public school psychologists, principals of

special schools and assistants, teachers of approved special

classes for [physically and mentally handicapped] children with

physical or mental disabilities, clerks and assistants employed

in programs for special education, for the cost of textbooks and

supplies of the second class used in special education classes

or schools, for extension schools and classes, for extension

recreation activities, for career and technical extension

education, or for instruction of homebound children. (i)

Expenses of general control per teaching unit. Expenses of

general control shall include: salaries, supplies and other

expenses of the secretary's office; commission or salary of

treasurer, tax collector, auditors and legal service; expenses

of census enumeration and other expenses of business

administration; salaries of the superintendent of schools and

clerks of the superintendent of schools; expenses of supplies

2023/90DMS/HB0027A02429 - 37 -

and other expenses of the superintendent of schools' office; and

other expenses of general control. In the case of computation of

actual instruction expense per elementary teaching unit for

district pupils educated in the schools of the district and for

district pupils educated in the public schools of other

districts within the Commonwealth and actual instruction expense

per secondary teaching unit for district pupils educated in the

schools of the district and for district pupils educated in the

public schools of other districts within the Commonwealth,

expenses of general control per teaching unit shall be

calculated by dividing the foregoing listed expenses of general

control of the school district by the number of teaching units

based on the number of all pupils who are residents of the

school district and are in average daily membership in the

public schools of the Commonwealth. In the case of computation

of actual instruction expense per joint elementary teaching unit

and actual instruction expense per joint secondary teaching

unit, expenses of general control per teaching unit shall be

calculated by dividing the foregoing listed expenses of general

control of the school district by the number of teaching units

based on the number of all pupils who are residents of the

school district and are in average daily membership in the

public schools of the Commonwealth, and adding thereto the

quotient obtained by dividing the foregoing listed expenses of

general control of the joint school district by the number of

joint teaching units based on the number of pupils who are

residents of school districts that are members of the joint

school district and are in average daily membership in the

schools of the joint school district. In the case of computation

of actual instruction expense per area technical school teaching

unit, expenses of general control per teaching unit shall be

computed by dividing the foregoing listed expenses of general

control of the school district by the number of teaching units

based on the total number of all pupils who are residents of the

school district and are in average daily membership in the

public schools of the Commonwealth, and adding thereto the

quotient obtained by dividing the foregoing listed expenses of

general control of the area technical school by the number of

area technical school teaching units based on the number of

pupils who are residents of districts participating in the area

technical school and are in average daily membership in the area

technical school. (ii) Expenses of the school district, joint

school district, area technical school, or such other school

district within the Commonwealth in which the districts' pupils

are educated, as the case may be, on account of instruction,

auxiliary agencies and coordinate activities, operation of

school plant, maintenance of school plant, and fixed charges,

and each separately for elementary and for secondary schools,

per teaching unit, calculated by dividing the sums of (a), (b),

(c), (d), and (e) below by the numbers of elementary, secondary,

joint elementary, joint secondary, and area technical school

2023/90DMS/HB0027A02429 - 38 -

teaching units, respectively, based on the number of all pupils

on an equivalent full-time basis in average daily membership in

the public schools of the district, or joint district, or the

area technical school, or other school district within the

Commonwealth in which pupils of the district are educated, as

the case may be; (a) expenses of instruction, to include

salaries of supervisors and other expenses of supervisors,

salaries of principals and principals' clerks, supplies of the

principals' offices, other expenses of supervision, teachers'

and teacher-librarians, salaries, textbooks, library books,

supplies used in instruction including library supplies,

expenses of attending teachers' institutes, commencement

exercise and exhibit expenses, and other expenses of

instruction, (b) expenses of auxiliary agencies and coordinate

activities, to include salaries, books, repairs, replacements,

and other expenses of public libraries, and non-reimbursable

transportation and board and lodging in lieu of transportation,

and provisions for tubercular and undernourished children,

community lectures, social centers and recreation, enforcement

of attendance, and other expenses of auxiliary agencies and

coordinate activities, (c) expenses of operation of school

plant, to include wages of janitors and other employes, fuel,

water, light, power, janitors' supplies, care of grounds,

services other than personal, telephone rental, and other

expenses of operation, (d) expenses of maintenance of school

plant, to include upkeep of grounds, repair of buildings,

repairs and replacements, heating, plumbing, lighting, apparatus

used in instruction, furniture, and other equipment, (e)

expenses of fixed charges, to include payments made to the

retirement board, rent, all insurance, and other fixed charges:

Provided, That the actual instruction expense for elementary

teaching unit for district pupils educated in the elementary

grades of a laboratory school of a State-owned college and the

actual instruction expenses for secondary teaching unit for

district pupils educated in the high school grades of a

laboratory school of a State-owned college shall be computed by

(i) dividing the total amount of money paid to the State-owned

college by the resident district for the education of all

resident elementary children enrolled in a laboratory school of

a State-owned college by the number of such elementary teaching

units based on the total number of such resident children in

average daily membership in the laboratory school, (ii) dividing

the total amount of money paid to the State-owned college by the

resident district for the education of all resident secondary

children enrolled in a laboratory school of a State-owned

college by the number of such secondary teaching units based on

the total number of such resident children in average daily

membership in the laboratory school. The teaching units are

computed on the basis of thirty (30) equivalent full time

elementary children and twenty-two (22) equivalent full time

secondary children.

2023/90DMS/HB0027A02429 - 39 -

* * *

Section 34. Section 2502.8(b)(1) of the act, amended July 8,

2022 (P.L.620, No.55), is amended to read:

Section 2502.8. Payments on Account of Pupils Enrolled in

Career and Technical Curriculums.--* * *

(b) For the 1981-1982 school year through the 1984-1985

school year, each school district so entitled shall be paid, in

addition to any other subsidy to which it is entitled, an amount

on account of resident pupils enrolled in career and technical

curriculums; for the 1985-1986 school year through the 1999-2000

school year, each school district and area career and technical

school shall be paid an amount on account of students enrolled

in career and technical curriculums; for the 2000-2001 school

year and each school year thereafter, each school district, area

career and technical school and charter school shall be paid an

amount on account of students enrolled in career and technical

curriculums, determined as follows:

(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[, for]:

(i) for the 2021-2022 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 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 four hundred

seventy-two ten thousandths (.2472) and the number of students

in average daily membership in school district and charter

school career and technical curriculums by two thousand eleven

ten thousandths (.2011).

* * *

Section 35. The act is amended by adding a section to read:

Section 2502.56. Level-Up Supplement for 2022-2023 School

Year.--The Commonwealth shall pay to qualifying school districts

a Level-Up Supplement allocation for the 2022-2023 school year

as follows:

(1) A school district shall be determined to be a qualifying

school district if it meets any of the following:

(i) The school district was determined to be a qualifying

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school district under section 2502.55.

(ii) The school district has an amount less than or equal to

the amount that represents the twentieth percentile for all

school districts in the following calculation:

(A) For each of the five preceding school years, calculate

the following:

(I) For each school district, the sum of the amount of

student weights calculated under section 2502.53(c)(1)(ii),

(iii), (iv), (v) and (vi) and the amount of weighted special

education headcounts calculated under section 2509.5(bbb)(2)(i).

(II) For each school district, divide the current

expenditures by the sum calculated for the school district in

subclause (I).

(III) For each school district, calculate the average of the

quotients calculated under subclause (II).

(B) (Reserved).

(2) Qualifying school districts determined under paragraph

(1) shall receive an amount calculated as follows:

(i) For each qualifying school district, multiply the

product in section 2502.53(b)(2)(i) for the 2022-2023 school

year by $100,000,000.

(ii) Divide the product in subparagraph (i) by the sum of

the products in section 2502.53(b)(2)(i) for the 2022-2023

school year for all qualifying school districts.

(3) Payments made under this section shall be deemed to be

part of the school district's allocation amount under section

2502.53(b)(1) for the 2023-2024 school year and each school year

thereafter.

(4) The provisions contained in sections 2502.53 and 2509.5

shall apply to the calculation of the respective factors in this

section.

Section 36. Section 2509 heading and (b) of the act are

amended to read:

Section 2509. Payments on Account of Courses for

[Exceptional] Children with Disabilities.--* * *

(b) To find the "instruction cost per special class pupil,"

add (1) salaries of directors and supervisors of special

education, public school psychologists, principals of special

schools and assistants, teachers of approved special classes for

[exceptional] children with disabilities, clerks and assistants

employed in the district's program for special education, (2)

the district's contribution to the retirement fund on behalf of

directors and supervisors of special education, public school

psychologists, principals of special schools and assistants,

teachers of approved special classes for [exceptional] children

with disabilities, clerks and assistants employed in the

district's program for special education, (3) the cost of

textbooks and supplies of the second class used in the

district's special education classes or schools, (4) the cost of

telephonic system equipment which enables [handicapped] children

with physical or intellectual disabilities to remain in their

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homes and still participate in classroom activities. Divide the

sum of (1), (2), (3), and (4) on that part thereof which is

approved by the Department of Education for reimbursement by the

total number of pupils, including those pupils who have

available for use telephonic system equipment whereby they may

remain at home and still participate in classroom activities, in

average daily membership in the district's approved special

classes for [exceptional] children with disabilities. The

quotient so obtained shall be the "instruction cost per [special

class pupil] student with a disability."

* * *

Section 37. Sections 2509.1(c.2)(1) and 2510.3(a)(2) of the

act, amended July 8, 2022 (P.L.620, No.55), are 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 [and], 2022-2023 and 2023-2024 school

years, 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 2510.3. Assistance to School Districts Declared to

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 [and], 2022-2023 and 2023-2024 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 identified for financial watch status under

section 694-A; except that the funds must be first utilized to

accomplish the provisions contained in section 695-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 38. Sections 2517(e) and 2541(b)(3) of the act are

amended to read:

Section 2517. Payments.--* * *

(e) The Secretary of Education, with the approval of the

Governor, may make basic education funding allocation payments

to school districts, in advance of the dates set forth in this

section to school districts which are financially [handicapped]

burdened, when the secretary deems it necessary to enable the

school district to keep their public schools open.

Section 2541. Payments on Account of Pupil Transportation.--

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* * *

(b) Such payments for pupil transportation shall be made in

the following cases:

* * *

(3) To all school districts, for the transportation of

[physically or mentally handicapped] children with physical or

intellectual disabilities regularly enrolled in special classes

approved by the Department of Education or enrolled in a regular

class in which approved educational provisions are made for

them.

* * *

Section 39. Section 2599.6 of the act is amended by adding a

subsection to read:

Section 2599.6. Ready-to-Learn Block Grant.--* * *

(a.4) For the 2023-2024 school year and each school year

thereafter, each school entity shall receive a Ready-to-Learn

Block Grant in an amount not less than the amount received by

the school entity from the appropriation for the Ready-to-Learn

Block Grant during the 2022-2023 fiscal year.

* * *

Section 40. Section 2599.7(b), (c) and (d) of the act are

amended to read:

Section 2599.7. Payment of Required Contribution for Public

School Employes' Social Security.--* * *

(b) For the fiscal year beginning July 1, 2019, through the

fiscal year ending June 30, 2023, payment of the amounts

calculated under 24 Pa.C.S. § 8329 for school districts shall be

made from the appropriation for basic education funding.

fiscal year ending June 30, 2023, if insufficient funds are

available for payment of the amounts calculated under 24 Pa.C.S.

§ 8329 for school districts, the Department of Education shall

notify the Governor, the chairperson and minority chairperson of

the Appropriations Committee of the Senate and the chairperson

and minority chairperson of the Appropriations Committee of the

House of Representatives of the amount of the insufficiency. An

amount equal to the insufficiency may only be paid to school

districts from a supplemental appropriation in the general

appropriations act.

(d) For the fiscal year beginning July 1, 2019, through the

fiscal year ending June 30, 2023, if the amount calculated for

payments to school districts under 24 Pa.C.S. § 8329 exceeds the

amount necessary, the Department of Education shall notify the

Governor, the chairperson and minority chairperson of the

Appropriations Committee of the Senate and the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives of the amount of the excess. An amount

equal to the excess shall be distributed to school districts as

a supplemental payment calculated under the formula contained in

section 2502.53.

* * *

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Section 41. Section 2608-J of the act, amended July 8, 2022

(P.L.620, No.55), is amended to read:

Section 2608-J. Applicability.

This article shall apply to projects for which approval and

reimbursement is sought and to the maintenance project grant

program beginning July 1, [2023] 2024.

Section 42. The act is amended by adding an article to read:

ARTICLE XXVI-L

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM

Section 2601-L. 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:

" Account. " The School Environmental Repairs Program

Restricted Account established under section 2602-L.

"Department." The Department of Education of the

Commonwealth.

" Program. " The School Environmental Repairs Program

established under section 2603-L.

" School entity. " A school district, area career and

technical school, charter school or regional charter school.

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

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 to school entities for the abatement or

remediation of environmental hazards in a school building or

buildings.

(b) Application process.--The department shall develop a

process for school entities to apply for program grants.

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,

are eligible to receive a program grant.

(d) Form of application.--A school entity must apply for a

program grant on a form prescribed by the department. The form

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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.--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 μg/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 to an

eligible school entity in an amount up to 50% of the cost of

the eligible project. The department shall not 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

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 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

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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.

(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 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 43. The provisions of 22 Pa. Code are abrogated

insofar as they are inconsistent with the amendment of section

1551 of the act.

Section 44. This act shall take effect immediately.

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