2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 30 - PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS
Session of 2020
No. 2020-30
HB 1210
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto," in preliminary provisions, further providing for Special Education Funding Commission and for Basic Education Funding Commission; in school finances, further providing for payroll tax; in grounds and buildings, further providing for limitation on new applications for Department of Education approval of public school building projects; in school safety and security, further providing for School Safety and Security Grant Program and providing for COVID-19 disaster emergency school health and safety grants for 2020-2021 school year and for COVID-19 disaster emergency targeted health and safety grants for 2020-2021 school year; in terms and courses of study, providing for minimal number of days; in community colleges, further providing for financial program and reimbursement of payments and for Community College Capital Fund; in rural regional college for underserved counties, further providing for designation and board of trustees; in miscellaneous provisions relating to institutions of higher education, further providing for Public Higher Education Funding Commission; in funding for public libraries, providing for State aid for fiscal year 2020-2021; in reimbursements by Commonwealth and between school districts, further providing for student-weighted basic education funding, for payments to intermediate units, for special education payments to school districts, for assistance to school districts declared to be in financial recovery status or identified for financial watch status, for payments on account of pupil transportation and for payment of required contribution for public school employees' social security; and, in constructions and renovation of buildings by school entities, further providing for applicability; and repealing provisions relating to report of racial and ethnic groupings, to study of public schools that provide Internet instruction, to corporate seal, to submission of plans, to disapproval of plans, to Department of Public Instruction to prepare plans, to establishment of reorganized school districts, to advance establishment, to special school watchmen-school districts in townships of the second class, to copies of school laws, to educational broadcasting, to residences for teachers and janitors, to heating stoves to be shielded, to ventilation and thermometer, to fireproof construction, to doors to open outward and fire escapes, etc., to completion of abandoned WPA projects in districts of the third and fourth class, to condition of grounds and shade trees, to summer schools, etc., to possession of telephone pagers prohibited, to nonprofit school food program, to antitruancy programs, to medical care for children under six with defective hearing, to report, to care and treatment of pupils, to local wellness policy, to foreign language academies, to monthly reports to school directors of the districts second, third and fourth class, to Read to Succeed Program, to department duties and powers, to schools or classes, supervisors, principals, instructors, etc., to estimate of expenses and reimbursements and appropriations, to teachers of evening schools, to duties of public institutions of higher education and to special study on the revenue impact of out-of-State tax credits.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Sections 112 and 113 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, are repealed:
[Section 112. Report of Racial and Ethnic Groupings.--The Department of Education shall conduct a thorough review of the 1991-1992 PennData report "Statistical Summary for 1991-1992" and identify those school districts that have special education enrollments whose gender and ethnic representation exceeds by five percent (5%) the gender and ethnic makeup of the student population for the 1991-1992 school year. The Department of Education shall report to the Committee on Education in the Senate and the Committee on Education in the House of Representatives by October 1993 the findings of the review by the Department of Education, an outline of what further investigative steps should be taken, recommendations for appropriate actions to be taken by the Department of Education and any technical assistance services to be provided by the Department of Education to school districts.
Section 113. Study of Public Schools that Provide Internet Instruction.--(a) The Department of Education shall conduct a study of public schools that provide instruction primarily through the Internet. The study shall include:
(1) a review of academic accountability methods and systems;
(2) a summary of governance structures, approval processes and oversight mechanisms of each public school that provides instruction primarily through the Internet;
(3) an analysis and verification of the actual and reasonable instructional cost per student for each public school that provides instruction primarily through the Internet; and
(4) recommendations regarding funding alternatives.
(b) The Department of Education shall prepare a report that includes its findings and recommendations from the study and shall provide the report to the chairman and the minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives by October 30, 2001.
(c) In the event that the report required under subsection (b) is not provided by October 30, 2001, no school district shall pay to any public school that provides instruction primarily through the Internet an amount to exceed two thousand dollars ($2,000) per resident student enrolled.]
Section 2. Section 122(k)(2) of the act, amended June 28, 2019 (P.L.117, No.16), is amended to read:
Section 122. Special Education Funding Commission.--* * *
(k) * * *
(2) The commission shall be reconstituted not later than August 15, 2019, and shall issue the report to the recipients listed in subsection (i)(5) not later than [November 30, 2019] September 30, 2020. The commission shall limit the scope of the review provided for under this subsection to only the provision of special education payments to school districts by the Commonwealth through the funding formula contained in section 2509.5.
* * *
Section 3. Section 123(k) of the act is amended to read:
Section 123. Basic Education Funding Commission.--* * *
(k) (1) Every five (5) years, the commission shall be reconstituted in accordance with subsection (c), shall meet and hold public hearings to review the operation of the basic education funding provisions of this section, shall make a further report and shall issue the report to the recipients listed in subsection (i)(12).
(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.
* * *
Section 4. Sections 212, 292, 294, 295, 296, 297, 510.1, 519 and 523(a) of the act are repealed:
[Section 212. Corporate Seal.--Each school district in this Commonwealth may, by a majority vote of the members of the board of school directors of such district, adopt a corporate seal for the use of said district. The seal shall have engraved thereon the following: "School District of ........................, Pennsylvania," and such other inscription or design as the board of school directors may direct.
Section 292. Submission of Plans.--Each county board of school directors, on or before July 1, 1964, shall prepare a plan of organization of administrative units for the county, conforming to the standards for approval of administrative units adopted by the State Board of Education. The plan shall be submitted to the Department of Public Instruction not less than thirty (30) days nor more than sixty (60) days after it is prepared. Any school district which considers itself aggrieved by the plan may set forth its specific objections in a petition which shall be served by registered or certified mail on the secretary of the county board of school directors. All such petitions filed shall be appended to the plan prior to submission to the Department of Public Instruction. No plan of organization of administrative units shall be submitted which violates any written agreement entered into by several school districts for the establishment of a joint school or department, unless the agreement is amended to provide that it shall be discontinued at the time the proposed administrative unit is deemed established as a school district. A plan of organization of administrative units shall be deemed to violate a written agreement entered into by several school districts for the establishment of a joint school or department only when it formulates an administrative unit, which in whole or in part comprises less than all of the school districts joined by such agreement. In preparing its plans, a county board of school directors shall confer with school directors and administrators of all school districts of the county, and may confer with the staff of the Department of Public Instruction and upon written request shall confer with other interested persons. Each plan shall assure the continuity of special education and area technical school programs by providing special education and area technical school attendance areas established in accordance with standards approved by the State Board of Education.
Each county board of school directors which prepared and submitted to the Department of Public Instruction prior to January 1, 1963, a plan of organization of administrative units for the county, shall, in compliance with the provisions hereof, reconsider such plan and submit the same or a revised plan on or before July 1, 1964, irrespective of the action taken on the prior plan. In those cases where the prior plan was approved by the State Council of Education, the plan submitted when approved by the Council of Basic Education shall supersede the prior approved plan as the plan of organization of administrative units for the county.
Section 294. Disapproval of Plans.--When any plan of organization of administrative units for a county is disapproved by the Council of Basic Education, it shall be returned to the county board of school directors which submitted the plan for reconsideration, amendment and resubmission in accordance with the recommendations of the Council of Basic Education.
Section 295. Department of Public Instruction to Prepare Plans.--In the event that no plan of organization of administrative units is approved by the Council of Basic Education for a county prior to January 1, 1965, the Department of Public Instruction shall prepare and place upon the agenda of the Council of Basic Education a plan of organization of administrative units for the county. When approved by the Council of Basic Education, such plan shall be deemed the approved plan of organization of administrative units for the county.
Any school district which considers itself aggrieved by a plan of organization of administrative units approved by the Council of Basic Education may appeal to the State Board of Education by filing a petition, within thirty (30) days after approval of the plan, setting forth the grounds for such appeal. A copy of such petition shall be served by registered or certified mail on the secretary of the county board of school directors. The State Board of Education, or its representative, shall fix a day and time for hearing, shall give written notice to all parties interested, and may hear and consider such testimony as it may deem advisable to enable it to make a decision. After reaching its decision, the State Board of Education shall enter such order as appears to it just and proper, either directing the Council of Basic Education to approve the plan in an amended form or confirming the plan in the form previously approved by the Council of Basic Education. The decision of the State Board of Education shall be final, unless an appeal is taken as now provided under the provisions of the "Administrative Agency Law."
Section 296. Establishment of Reorganized School Districts.--On July 1, 1966, or on the date of advance establishment, all administrative units contained in plans of organization of administrative units approved by the Council of Basic Education shall constitute and be deemed established as school districts, and shall belong to the class to which they are entitled as provided by law: Provided, however, if any approved administrative unit includes any district or districts of the second, third, or fourth class with any district of the first class A, such district or districts of the second, third, or fourth class shall be merged into and become part of said district of the first class A, and said district of the first class A as thus enlarged shall be the reorganized district and shall be considered as having had continued existence.
Section 297. Advance Establishment.--(a) Any administrative unit contained in a plan of organization of administrative units approved by the Council of Basic Education may constitute and be deemed established as a school district on July 1, 1964, or on July 1, 1965, when the following conditions have been satisfied:
(1) All appeals to the State Board of Education from the action of the Council of Basic Education approving the plan of organization of administrative units have been finally determined;
(2) At a regular meeting or at a special meeting called for such purpose, the board of school directors of each school district composing the administrative unit has approved by majority vote the establishment in advance of July 1, 1966, of the proposed school district contained in the plan of organization of administrative units approved by the Council of Basic Education;
(3) A copy of the resolution of each school district is filed with the Department of Public Instruction; and
(4) The Superintendent of Public Instruction certifies to the Council of Basic Education that all school districts composing the administrative unit have filed resolutions with the Department of Public Instruction approving the establishment of the school district in advance of July 1, 1966. The certification shall state the date when the school district shall be deemed established.
(b) Any school district established in advance of July 1, 1966, shall be entitled to all the benefits of this act and shall be subject to all of the provisions of this act as if the school district were constituted and deemed established on July 1, 1966: Provided, however, That in the case of school districts established on July 1, 1964, the provisions of section 303.1 of this act relating to election of school directors shall be advanced two years: And provided further, That in the case of school districts established on July 1, 1965, the provisions of section 303.1 of this act shall not be advanced.
Section 510.1. Special School Watchmen-School Districts in Townships of the Second Class.--The board of school directors of school districts in townships of the second class may, by resolution, appoint and fix the salary of special school watchmen, who shall have the duty of patrolling school grounds and protecting school property.
Section 519. Copies of School Laws.--The Superintendent of Public Instruction shall send to each member of every board of school directors in the State, a bound copy of each new edition of the School Laws, as soon as possible after the same shall have been published.]
Section 523. Educational Broadcasting.--
[(a) The State Board of Education shall adopt and amend, when necessary, a State Plan for Educational Broadcasting. The State plan shall provide for the development of educational broadcasting facilities in the Commonwealth and shall define educational broadcasting service areas which shall be served by specified broadcasting centers. The Department of Education shall promulgate regulations to implement the State plan. Prior to adoption or amendment of the State plan, the board shall submit the plan to the Pennsylvania Public Television Network Commission and receive its comments thereon.]
* * *
Section 5. Section 689 of the act is amended to read:
Section 689. Payroll Tax.--(a) A school district [within which a financially distressed municipality is located] may levy a payroll tax in accordance with section 303 of the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," if the following apply:
(1) Each [financially distressed] municipality within the school district levies a payroll tax pursuant to section 123(c) and (d) of the act of July 10, 1987 (P.L.246, No.47), known as the "Municipalities Financial Recovery Act."
(2) The school district levied a mercantile or business privilege tax on a flat rate or millage basis in the year that the [financially distressed] municipality filed a petition to levy a payroll tax pursuant to section 123(c) of the "Municipalities Financial Recovery Act."
(b) The following shall apply:
(1) The tax authorized under subsection (a) may be imposed at a rate not to exceed a rate sufficient to produce revenues equal to revenues collected from the levy of a mercantile or business privilege tax by the school district under Chapter 3 of "The Local Tax Enabling Act" in the [preceding fiscal year.] last full fiscal year preceding the levy of the payroll tax. A school district shall not be required to begin the levy of the payroll tax on the first day of the fiscal year. Except as provided under clause (2), a school district may levy a payroll tax in any subsequent year at a rate not to exceed the rate initially authorized under this clause.
(2) In the event that the rate imposed under clause (1) fails to produce the revenues projected in the first full year [after the imposition] of the collection of a payroll tax, a school district may amend the rate imposed not to exceed a rate that is sufficient to produce revenues equal to the revenues collected as a result of the mercantile or business privilege tax in the final full fiscal year it was levied. A school district may levy the payroll tax in any subsequent year at a rate not to exceed the adjusted rate authorized under this clause.
(c) After imposing a payroll tax under this section, the authority of a school district to continue to levy the payroll tax is not contingent on the [distressed status of, or] decision to levy a payroll tax by[,] a municipality within the school district.
(d) A school district which levies a payroll tax under this section may not thereafter levy a mercantile or business privilege tax.
(d.1) Notwithstanding section 333 of the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act," or any other provision of law to the contrary, a school district shall not be subject to a referendum requirement as a condition to impose the levy of a payroll tax under this section.
(e) 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:
["Financially distressed municipality." A financially distressed municipality under the act of July 10, 1987 (P.L.246, No.47), known as the "Municipalities Financial Recovery Act."]
"School district." A school district coterminous with a home rule municipality that is a city of the second class A located within a home rule county of the third class.
Section 6. Section 705 of the act is repealed:
[Section 705. Residences for Teachers and Janitors.--The board of directors of any school district of the fourth class, when they consider it necessary, may purchase or build a residence or residences for the use of the principal or teacher or janitor, or any of them, as shall be deemed advisable, in the same manner and upon the same procedure as other school buildings are purchased or erected. Such school districts, with the approval of the Department of Public Instruction, are authorized to expend the funds of the school district and to borrow money for the purchase or erection of such residences in the same manner as for other school buildings. Any such district may fix and charge a rental for the use of such building, which rental shall be paid into the school treasury. All property acquired under this section shall be held by the school district the same as other school property.]
Section 7. Section 732.1(a) of the act, amended June 28, 2019 (P.L.117, No.16), 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 [and], 2019-2020 fiscal year and 2020-2021 fiscal year, the Department of Education shall not accept or approve new school building construction or reconstruction project applications.
* * *
Section 8. Sections 736, 737, 738, 739, 760, 772, 1208, 1317.1, 1337(f), 1338.2, 1378 and 1308-A of the act are repealed:
[Section 736. Heating Stoves to be Shielded.--No board of school directors in this Commonwealth shall use a common heating stove for the purpose of heating any school room, unless such stove is in part enclosed within a shield or jacket made of galvanized iron, or other suitable material, and of sufficient height, and so placed, as to protect all pupils while seated at their desks from direct rays of heat.
Section 737. Ventilation; Thermometer.--No school room or recitation room shall be used in any public school which is not provided with ample means of ventilation, and whose windows, when they are the only means of ventilation, shall not admit of ready adjustment both at the top and bottom, and which does not have some device to protect pupils from currents of cold air. Every school room or recitation room shall be furnished with a thermometer.
Section 738. Fireproof Construction.--All school buildings, two or more stories high, hereafter erected or leased in any school district of the first class in this Commonwealth shall be of fireproof construction; and in any school district of the second, third, or fourth class, every building more than two stories high, hereafter built or leased for school purposes, shall be of fireproof construction.
Section 739. Doors to Open Outward; Fire Escapes; etc.--All doors of entrance into any building used for public school purposes shall open outward.
In all school buildings erected after the first day of May, one thousand nine hundred twenty-five, or buildings leased or used for school purposes, all entrance and exit doors, as well as all doors leading to or from all regular, special, or general rooms, shall open outward.
Every school building shall be provided with necessary fire-escapes and safety-appliances as required by law.
On and after January 1, 1973, each new school building and every addition to an existing school building equipped with windows and with no emergency fire rescue door to the outside, shall be equipped with escape windows of such type and at such locations as may be approved by the Department of Labor and Industry.
Section 760. Completion of Abandoned WPA Projects, Districts Third and Fourth Class.--Whenever any school district of the third or fourth class, pursuant to contract with the Works Projects Administration or any other agency of the United States Government, shall have expended money for the erection of a school building to be erected by such agency, and after the erection of such building has been begun, but before the completion thereof the project is abandoned by the Works Projects Administration or other agency of the United States Government, the board of directors of such school district may, with the approval of the Superintendent of Public Instruction, enter into a contract for the immediate continuation of the work of erecting such school building to an extent necessary to protect the work already completed from loss or damage by the elements. Such contract may be let on competitive bids solicited from at least three responsible bidders and approved by the Superintendent of Public Instruction.
Section 772. Condition of Grounds; Shade Trees.--The board of school directors in each school district shall put the grounds about every school building in a neat, proper and sanitary condition and so maintain the same and shall provide and maintain a proper number of shade trees.
Section 1208. Summer Schools, etc.--The State Board of Education shall provide for summer schools in State colleges, colleges, universities and other educational institutions, and for extension courses and correspondence courses for all teachers employed in the public school system of the Commonwealth who wish to acquire the minimum qualifications prescribed herein, or such further qualifications as may be desirable.
Section 1317.1. Possession of Telephone Pagers Prohibited.--(a) The possession by students of telephone paging devices, commonly referred to as beepers, shall be prohibited on school grounds, at school sponsored activities and on buses or other vehicles provided by the school district.
(b) The prohibition contained in subsection (a) shall not apply in the following cases, provided that the school authorities approve of the presence of the beeper in each case:
(1) A student who is a member of a volunteer fire company, ambulance or rescue squad.
(2) A student who has a need for a beeper due to the medical condition of an immediate family member.]
Section 1337. Nonprofit School Food Program.--* * *
[(f) Studies, Appraisals and Reports to Governor. The Department of Education is hereby authorized, to the extent that funds are available for that purpose and in cooperation with other appropriate agencies and organizations, to conduct studies of methods of improving and expanding school food programs and promoting nutritional education in the schools, to conduct appraisals of the nutritive benefits of school food programs and to report its findings and recommendations, from time to time, to the Governor.
Section 1338.2. Antitruancy Programs.--The Department of Education shall formulate recommendations for the General Assembly concerning the establishment and funding of effective community-based antitruancy pilot programs. In formulating these recommendations, the Department of Education shall seek advice and counsel from educators, parents, students, district attorneys, law enforcement representatives, attendance officers, social service agencies experienced in providing services to truant children, counselors, judges, probation officers and representatives from the Pennsylvania Commission on Crime and Delinquency and the Juvenile Court Judges' Commission.
Section 1378. Medical Care for Children Under Six with Defective Hearing.--Whenever the county medical director of the Department of Health reports to the medical examiner of any school district a case of a minor under six (6) years of age, who is totally deaf or whose hearing is impaired, who is not receiving adequate care and treatment, and whose parent or guardian is financially unable to provide the same, such medical examiner shall provide such care and treatment at the expense of the school district or of the Commonwealth, as the case may be, charged by law with the providing of medical examinations for the schools of the school district. Such care and treatment may be administered by the medical examiner or by some doctor of medicine selected by him.
Section 1308-A. Report.--The Secretary of Education shall survey all school districts and nonpublic schools to determine the extent to which additional costs have been incurred in implementing administrative and reporting requirements established for public and nonpublic schools in section 1317.2 and in sections 1304-A through 1307-A. The Secretary of Education shall issue a report to the chairman and the minority chairman of the Appropriations Committee and the Education Committee of the Senate and the Appropriations Committee and Education Committee of the House of Representatives by April 1, 1996, concerning the extent to which additional costs have been incurred by school districts and nonpublic schools.]
Section 9. Section 1306-B(h) of the act, amended June 28, 2019 (P.L.146, No.18), is amended to read:
Section 1306-B. School Safety and Security Grant Program.
* * *
(h) School Safety and Security Fund.--
(1) The School Safety and Security Fund is established as a special nonlapsing fund in the State Treasury.
(2) All money deposited in the fund and the interest it accrues are appropriated to the commission on a continuing basis to award grants under this article.
(3) No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received.
(4) The fund may only be used for the grant [program] programs authorized under this article and no money in the fund may be transferred or diverted to any other purpose by administrative action.
(5) Money available to the fund shall include appropriations and transfers from the General Fund, special funds, Federal funds and other sources of revenue made available to it.
(6) Grants under this section shall be awarded no later than March 1, 2020, and each March 1 thereafter.
(7) Not more than 12.5% of the fund may be allocated annually for grants under subsection (j)(22).
(8) Notwithstanding any other provision of law, during the 2020-2021 fiscal year, money in the fund shall be used as follows:
(i) The following amounts for grants under section 1312-B:
(A) The amount appropriated to the Pennsylvania Commission on Crime and Delinquency for "COVID Relief - For Transfer to the School Safety and Security Fund" for the 2019-2020 fiscal year.
(B) The amount transferred to the fund from the appropriation to the Department of Education for "COVID - ESSER - SEA" for the 2019-2020 fiscal year.
(ii) Fifty percent of the amount transferred to the fund under section 1795.2-E of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, for grants under section 1313-B.
(iii) Fifty percent of the amount transferred to the fund under section 1795.2-E of The Fiscal Code for grants to eligible applicants for programs designed to reduce community violence as provided for under section 1306-B(j)(22).
(iv) The following shall apply to the distribution of money under subparagraph (i)(B):
(A) The Department of Education shall authorize the committee to distribute the money transferred to the fund from the appropriation for "COVID - ESSER - SEA."
(B) The Secretary of Education, in consultation with the committee, shall ensure that the requirements under section 18003 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136, 134 Stat. 281) are fulfilled.
* * *
Section 10. The act is amended by adding sections to read:
Section 1312-B. COVID-19 disaster emergency school health and safety grants for 2020-2021 school year.
(a) Funding.--For the 2020-2021 school year, the amount of money available under section 1306-B(h)(8)(i) shall be used by the committee to award COVID-19 disaster emergency school health and safety grants to school entities.
(b) Purposes of grants.--Each school entity shall be eligible for a COVID-19 disaster emergency school health and safety grant for the following purposes:
(1) Purchasing of cleaning and sanitizing products that meet the Centers for Disease Control and Prevention or Department of Health criteria.
(2) Training and professional development of staff on sanitation and minimizing the spread of infectious diseases.
(3) Purchasing of equipment, including personal protective equipment, thermometers, infrared cameras and other necessary items.
(4) Modification of existing areas to effectuate appropriate social distancing to ensure the health and safety of students and staff.
(5) Providing mental health services and supports, including trauma-informed approaches for students impacted by the COVID-19 disaster emergency.
(6) Purchasing educational technology for distance learning to ensure the continuity of education.
(7) Other health and safety programs, items or services necessary to address the COVID-19 disaster emergency.
(c) Amount of grants.--The committee shall allocate grants on or before July 15, 2020, to each school entity that submits an application, in the following amounts:
(1) Each school district shall receive $120,000, plus an amount determined in paragraph (3).
(2) Each intermediate unit, area career and technical school, charter school, regional charter school and cyber charter school shall receive $90,000.
(3) An amount determined as follows:
(i) Multiply the 2018-2019 average daily membership for each school district by the difference between the amount available in subsection (a) and the sum of the amounts distributed under paragraphs (1) and (2).
(ii) Divide the product from subparagraph (i) by the 2018-2019 average daily membership for all school districts.
(d) Availability of applications.--The committee shall make the application available to school entities no later than June 20, 2020. The application requirements shall be limited to the school entity's contact information, the specific purpose of the grant based upon the categories specified in subsection (b) with boxes on the application for the applicant to indicate the school entity's anticipated use and certification by the applicant that the funds will be used for the stated purpose.
(e) Deadlines for applications.--Each school entity must submit an application for grant funds no later than June 30, 2020.
(f) Audit and monitoring.--The committee shall randomly audit and monitor grant recipients to ensure the appropriate use of grant funds and compliance with provisions of the grant program.
(g) Definitions.--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:
"COVID-19 disaster emergency." The disaster emergency as described in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of disaster emergency.
"School entity." A school district, area career and technical school, intermediate unit, charter school, regional charter school and cyber charter school.
Section 1313-B. COVID-19 disaster emergency targeted health and safety grants for 2020-2021 school year.
(a) Funding.--For the 2020-2021 school year, the amount of money allocated from the fund under 1306-B(h)(8)(ii) shall be used by the committee to award COVID-19 disaster emergency targeted health and safety grants to intermediate units on behalf of nonpublic schools.
(b) Purpose of targeted grants.--Targeted grant awards shall be made by the committee to intermediate units on behalf of nonpublic schools to fund the following programs, items or services which address the COVID-19 disaster emergency:
(1) Purchasing of cleaning and sanitizing products that meet the Centers for Disease Control and Prevention or the Department of Health criteria.
(2) Training and professional development of staff on sanitation and minimizing the spread of infectious diseases.
(3) Purchasing of equipment, including personal protective equipment, thermometers, infrared cameras and other necessary items.
(4) Modification of existing areas to effectuate appropriate social distancing to ensure the health and safety of students and staff.
(5) Providing mental health services and supports for students impacted by the COVID-19 disaster emergency.
(6) Purchasing educational technology for distance learning to ensure the continuity of education.
(7) Other health and safety programs, items or services necessary to address the COVID-19 disaster emergency.
(c) Targeted grant application process.--
(1) The committee shall develop and make available an application for intermediate units to apply for targeted grants on behalf of nonpublic schools by June 20, 2020.
(2) The committee shall notify intermediate units and nonpublic schools of the availability of grants under this program, including the deadlines for application.
(3) An intermediate unit may apply for targeted grants upon the request of a nonpublic school or combination of nonpublic schools located within the intermediate unit.
(4) The application shall include the following information:
(i) contact information for the intermediate unit and the nonpublic school;
(ii) the specific purpose for which the targeted grant shall be utilized based upon the categories in subsection (b);
(iii) certification by the applicant that the funds will be used for the stated purpose; and
(iv) any other information required by the committee.
(d) Targeted grant allocation.--
(1) Targeted grants shall be allocated through a grant review process established by the committee.
(2) The targeted grant awards shall be geographically dispersed.
(3) No intermediate unit on behalf of a nonpublic school shall be awarded a targeted grant that exceeds $10,000. For targeted grant applications made by an intermediate unit on behalf of a combination of nonpublic schools, the targeted grant shall not exceed the value of the number of schools for which the intermediate unit is making the combined application multiplied by $10,000.
(e) Deadline for applications and awards.--
(1) Intermediate units must submit applications on behalf of a nonpublic school or combination of nonpublic schools no later than July 8, 2020.
(2) The committee shall award targeted grants by August, 1, 2020.
(f) Audit and monitoring.--The committee shall randomly audit and monitor targeted grant recipients to ensure the appropriate use of the targeted grant money and compliance with provisions of the program applicable to targeted grants.
(g) Limitations.--In carrying out the duties of this section, the intermediate unit may not use more than 2% of the money the intermediate unit receives under this section for targeted grant administration.
(h) Definitions.--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:
"COVID-19 disaster emergency." The disaster emergency as described in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of disaster emergency.
Section 1501.9. Minimum Number of School Days.--Beginning in the 2020-2021 school year, the minimum number of school days under section 1501 shall apply notwithstanding any order issued under a declaration of disaster emergency under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor).
Section 11. Sections 1414, 1422.1, 1522 and 1534, Article XV-B and sections 1503-E(10), 1804, 1811 and 1923 of the act are repealed:
[Section 1414. Care and Treatment of Pupils.--Any school district or joint school board may provide for the care and treatment of defective eyes, ears and teeth of all children of school age within the district.
Section 1422.1. Local Wellness Policy.--(a) Not later than the first day of the school year beginning after June 30, 2006, each local education agency shall, pursuant to section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265, 118 Stat. 729), establish a local wellness policy for schools within the local education agency.
(c) A local education agency may submit its local wellness policy or information on other initiatives regarding child health, nutrition, food allergy reaction management and physical education to the Department of Education for inclusion in the clearinghouse established under section 1422.3(3).
Section 1522. Foreign Language Academies.--(a) The Department of Education shall establish a summer foreign language academy grant program utilizing Federal education funds and matching grants for students in this Commonwealth. To the greatest extent possible, the department shall establish guidelines for the programs which involve the universities and colleges, local school districts and intermediate units. Those students who are to participate in the program shall be selected by the local school districts.
(b) At least one summer foreign language academy shall be in operation by the summer of 1993.
(c) The department shall prepare an annual report of the summer foreign language academies program which shall be submitted to the Governor, the Education Committee of the Senate and the Education Committee of the House of Representatives.
Section 1534. Monthly Reports to School Directors; Districts Second, Third and Fourth Class.--In school districts of the second, third and fourth class every teacher employed in the public schools shall, at the end of each school month, or within five days thereafter, make a report for the past month to the board of school directors. Such reports shall state correctly the number of days the schools were kept open, and, if closed on any days, the reason therefor, the number, age, and sex of all pupils, and the number of days attended by each. Such reports shall be made on blank forms to be furnished the teachers by the board of school directors. No teacher shall be paid more than one-half of his salary for the current month until such report is made. Such reports shall be filed with the secretary of the board, and shall at all times be open to inspection by the public. Any school principal may make such report for the entire school.
ARTICLE XV-B.
READ TO SUCCEED PROGRAM.
Section 1501-B. Establishment of Program.--There is hereby established in the Department of Education the Read to Succeed Program. The program shall provide competitive grants to school districts and charter schools to build strong reading skills in Pennsylvania students. The program shall emphasize students with the greatest need for intensive reading instruction and school programs that will enable students to learn to read by the end of the third grade.
Section 1502-B. Eligibility Requirements.--(a) The Department of Education shall establish eligibility criteria to be used to select schools and students in kindergarten through third grade to participate in the Read to Succeed Program.
(b) The secretary shall establish matching requirements for grant recipients.
Section 1503-B. Program Requirements.--School districts and charter schools shall apply for grants as prescribed by the Department of Education. The application will contain the following:
(1) Identification of students with the greatest need.
(2) Methods of ongoing assessment.
(3) Reading instruction based on current reading research.
(4) Integration with the reading instruction programs and activities of the school district.
(5) Professional development plan.
(6) Opportunities for extended learning time.
(7) Coordination with community-based reading activities, including family literacy programs.
(8) Staff and program facilities.
(9) A multiyear plan that shows how the school district or charter school will assume full financial and programmatic responsibility for the Read to Succeed Program at the conclusion of the grant period.
(10) The estimated budget for each specific program activity.
Section 1504-B. Technical Assistance and Monitoring.--The Department of Education shall provide technical assistance and establish methods to ensure the quality of the program receiving a grant, including program monitoring and onsite visitation.
Section 1505-B. Reports.--(a) A school district or charter school participating in the Read to Succeed Program shall provide program and fiscal reports as required by the Department of Education.
(b) Beginning in the year 2000, the department shall submit a report by December 31 of each year to the majority and minority chairman of the Education Committee of the Senate and the majority and minority chairman of the Education Committee of the House of Representatives.]
Section 1503-E. Department duties and powers.
The department shall:
* * *
[(10) Prepare and submit an annual report to the Education Committee of the Senate and the Education Committee of the House of Representatives regarding the administration and operation of programs and grants awarded under the grant program. The report shall include:
(i) A summary of the guidelines and criteria established by the department and the establishment and operation of the grant program.
(ii) A listing of the sources of funding sought by the department for use in the grant program.
(iii) A listing of the number of school districts that established and implemented programs.
(iv) A description of each school district's program and the integration into the curriculum.
(v) A description of measures utilized by school districts to provide parent, professional educator and community involvement.
Section 1804. Schools or Classes; Supervisors; Principals; Instructors, etc.--In carrying out the provisions of this act, the State Board for Vocational Education shall provide for vocational schools or classes, with the necessary staffs, in accordance with the State Plan for Vocational Education, approved by the Federal Board for Vocational Education.
Principals, instructors and lecturers for the Public Service Institute shall be elected by the State Board for Vocational Education. They shall possess the qualifications established in the State Plan for Vocational Education approved by the Federal Board for Vocational Education.
Section 1811. Estimate of Expenses and Reimbursements; Appropriations.--On or before the first Wednesday of January of any year in which the regular session of the Legislature is held, the State Board for Vocational Education shall present to the Legislature an estimate of the amount of money necessary to meet the expenditures to be incurred in the administration of this act for the fiscal year beginning with the first day of the ensuing June, 1961, and beginning with the first day of July of each year thereafter; and the amount necessary to meet the claims of school districts and unions of school districts maintaining approved vocational schools or departments, under the provisions of this act for the school year beginning with the first day of the preceding July. On the basis of such statement, the Legislature shall make an appropriation of such amounts as may be necessary to meet the expense of carrying this act into effect, and of reimbursing such school districts and unions of school districts for such school year as herein provided.
Section 1923. Teachers of Evening Schools.--All teachers of evening schools must have proper certificates as provided in this act.]
Section 12. Section 1913-A(b)(1.6) of the act is amended by adding a subclause 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:
* * *
(xiii) For the 2020-2021 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 2019-2020 under subclause (xii)(A) and (C).
(B) An amount equal to the economic development stipend received in fiscal year 2019-2020 under subclause (xii)(B).
* * *
Section 13. Section 1917-A of the act is amended by adding a subsection to read:
Section 1917-A. Community College Capital Fund.--* * *
(e) Payments from the fund may only be made to community colleges that received payment under 1913-A(b)(1.6) in the prior fiscal year.
Section 14. Section 1905-G(3) of the act is amended to read:
Section 1905-G. Designation and board of trustees.
Within 60 days of the secretary's designation under section 1904-G(a)(2), a board of trustees shall be appointed to establish a rural regional college. The board of trustees shall consist of not fewer than seven members nor more than 15 members appointed by the secretary in consultation and jointly with the nonprofit organization designated under section 1904-G(a)(1). The following shall apply to the board of trustees established under this section:
* * *
(3) Vacancies on the board shall be filled by the existing board. A trustee may succeed himself[, provided that no member shall serve for longer than 10 years.]. Following the expiration of the initial terms assigned under paragraph (2), no member shall serve for more than an additional three consecutive terms.
* * *
Section 15. Section 2002-C(b) of the act is repealed:
Section 2002-C. Duties of public institutions of higher education.
* * *
[(b) Reporting requirements.--A public institution of higher education shall submit to the department a series of interim reports outlining the actions that the public institution of higher education has undertaken or intends to undertake to comply with subsection (a), which shall be filed December 31, 2006, June 30, 2007, and December 31, 2007.]
* * *
Section 16. Section 2001-I(i)(13) of the act, amended November 27, 2019 (P.L.662, No.91), is amended to read:
Section 2001-I. Public Higher Education Funding Commission.
* * *
(i) Additional powers and duties.--The commission shall have all of the following powers and duties:
* * *
(13) Issue a report of the commission's findings and recommendations to the Governor, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Majority Leader and Minority Leader of the Senate, the Majority Leader and Minority Leader of the House of Representatives, the Secretary of Education, the State Board of Education, the Appropriations Committee of the Senate, the Appropriations Committee of the House of Representatives, the Education Committee of the Senate and the Education Committee of the House of Representatives not later than November 30, [2020] 2021.
* * *
Section 17. The act is amended by adding a section to read:
Section 2324. State Aid for Fiscal Year 2020-2021.
Notwithstanding any other provision of law to the contrary, each library subject to 24 Pa.C.S. Ch. 93 (relating to public library code), shall be eligible for State aid for fiscal year 2020-2021, as follows:
(1) Funds appropriated for libraries shall be distributed to each library under the following formula:
(i) Divide the amount of funding that the library received in fiscal year 2019-2020 under section 2323 by the total State-aid subsidy for fiscal year 2019-2020.
(ii) Multiply the quotient under subparagraph (i) by the total State-aid subsidy for fiscal year 2020-2021.
(2) Following distribution of funds appropriated for State aid to libraries under paragraph (1), any remaining funds may be distributed at the discretion of the State Librarian.
(3) If funds appropriated for State aid to libraries in fiscal year 2020-2021 are less than funds appropriated in fiscal year 2002-2003, the State Librarian may waive standards as prescribed in 24 Pa.C.S. Ch. 93.
(4) Each library system receiving State aid under this section may distribute the local library share of that aid in a manner as determined by the board of directors of the library system.
(5) 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.
(6) 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.
(7) 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 18. Section 2502.53(b) introductory paragraph of the act, amended June 28, 2019 (P.L.117, No.16), is amended and the section is amended by adding a subsection to read:
Section 2502.53. Student-Weighted Basic Education Funding.--* * *
(b) For the 2015-2016 school year and each school year thereafter, except the 2019-2020 school year which shall be governed by subsection (b.1), the Commonwealth shall pay to each school district a basic education funding allocation which shall consist of the following:
* * *
(b.1) Notwithstanding any other provision of this act to the contrary, for the 2019-2020 school year, the Commonwealth shall pay each school district a basic education funding allocation equal to the amount it received for the 2018-2019 school year under this section.
* * *
Section 19. Section 2509.1(c.2)(1) of the act, amended June 28, 2019 (P.L.117, No.16), is amended to read:
Section 2509.1. Payments to Intermediate Units.--* * *
(c.2) The following apply:
(1) For the 2016-2017, 2017-2018, 2018-2019 [and], 2019-2020 and 2020-2021 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 20. Section 2509.5(bbb)(1) introductory paragraph of the act is amended and the section is amended by adding a subsection to read:
Section 2509.5. Special Education Payments to School Districts.--* * *
(bbb) (1) During the 2016-2017 school year and each school year thereafter, except the 2020-2021 school year which shall be governed by subsection (ccc), each school district shall receive an amount equal to the amount it received for the 2013-2014 school year under subsection (aaa) and a student-based allocation. The total amount available to distribute to school districts through the student-based allocation shall equal the difference between the amount allocated for special education payments for school districts and the sum of the amounts received under subsection (aaa) for the 2013-2014 school year to all school districts. The student-based allocation for each school district shall be calculated as follows:
* * *
(ccc) Notwithstanding any provision to the contrary, during the 2020-2021 school year, each school district shall be paid the amount it received during the 2019-2020 school year under subsection (bbb).
Section 21. Section 2510.3(a)(2) of the act, amended June 28, 2019 (P.L.117, No.16), is amended to read:
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 [and], 2019-2020 and 2020-2021 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 22. Section 2541 of the act is amended by adding a subsection to read:
Section 2541. Payments on Account of Pupil Transportation.--* * *
(g) Beginning with the 2020-2021 fiscal year, the Secretary of Education shall report on a quarterly basis in person to the Secretary of the Budget, 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 information documenting all payments from the appropriation for pupil transportation during the fiscal year and a revised estimate of the funds needed to make the required payments for the remainder of the fiscal year.
Section 23. Section 2596 of the act is repealed:
[Section 2596. Special Study on the Revenue Impact of Out-of-State Tax Credits.--(a) The Department of Education shall undertake a special study to assess the revenue impact on Pennsylvania school districts of residents who work in bordering states. Particular emphasis shall be placed on districts meeting the following criteria:
(1) Districts that levy a local earned income tax under the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act"; and
(2) Districts that include as resident taxpayers individuals who are subject to state and/or local income taxes at their out-of-State place of employment and who, therefore, claim tax credits in Pennsylvania as a result of these levies.
(b) The assessment shall include:
(1) Identification of all districts which meet the above criteria.
(2) Compilation of data indicating, on a per district basis, the number of resident taxpayers claiming a tax credit for out-of-State payments.
(3) Analysis of the individual taxpayer data in order to assess the effect on the local and State revenues for each affected school district.
(c) The Secretary of Education shall present a report summarizing the results of this study to the Chairman and the Minority Chairman of the House Education Committee and the Chairman and the Minority Chairman of the Senate Education Committee no later than April 1, 1989.]
Section 24. Section 2599.7(c) of the act, amended June 28, 2019 (P.L.117, No.16), is amended and the section is amended by adding subsections to read:
Section 2599.7. Payment of Required Contribution for Public School Employes' Social Security.--* * *
(c) For the fiscal year beginning July 1, 2019, 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 [for the subsequent fiscal year].
* * *
(f) Beginning with the 2020-2021 fiscal year, the Secretary of Education shall report on a quarterly basis in person to the Secretary of the Budget, 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 information documenting all wages for which payments are calculated under 24 Pa.C.S. § 8329 (relating to payments on account of Social Security deductions from appropriations) for the fiscal year, the required payment amounts during the fiscal year and a revised estimate of the funds needed to make the required payments for the remainder of the fiscal year.
(g) The department shall ensure payments made under 24 Pa.C.S. § 8329 from the appropriation for basic education funding are reported separately in the Commonwealth's accounting system.
Section 25. Section 2608-J of the act, added July 2, 2019 (P.L.417, No.70), is amended to read:
Section 2608-J. Applicability.
This article shall apply to projects for which approval and reimbursement is sought [after the effective date of this section.] and to the maintenance project grant program beginning July 1, 2021.
Section 26. This act shall take effect as follows:
(1) The amendment of section 689 of the act shall take effect in 30 days.
(2) The repeal of sections 112, 113, 212, 292, 294, 295, 296, 297, 510.1, 519, 523(a), 705, 736, 737, 738, 739, 760, 772, 1208, 1317.1, 1337(f), 1338.2, 1378, 1308-A, 1414, 1422.1, 1522 and 1534, Article XV-B and sections 1503-E(10), 1804, 1811, 1923, 2002-C(b) and 2596 of the act shall take effect in 60 days.
(3) The remainder of this act shall take effect immediately.
APPROVED--The 5th day of June, A.D. 2020.
TOM WOLF
