2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 47 - PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS

Universal Citation:
Act of Nov. 12, 2025, P.L. 244, No. 47
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

Session of 2025

No. 2025-47

 

SB 315

 

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 minimum number of days or hours; in duties and powers of boards of school directors, providing for admission fees for school-sponsored activities; in intermediate units, further providing for staff; in certification of teachers, further providing for certificates qualifying persons to teach and for instructional certificate grade spans and age levels and duties of department, providing for instructional certificate grade spans and age levels and for State certificate fee reduction, further providing for standard employment application, for career and technical instructional certificate, for program of continuing professional and paraprofessional education and for postbaccalaureate certification, providing for assessment of basic skills, further providing for professional educator discipline fee and providing for career and technical administrative director certification flexibility; in pupils and attendance, further providing for attendance policy at charter, regional charter and cyber charter schools, for procedure when child is truant, for procedure by school when child habitually truant, for procedure upon filing of citation, for penalties for violating compulsory school attendance requirements and for study of truancy procedure, providing for department supports to prevent truancy and further providing for reports to Superintendent of Public Instruction and for exceptional children and education and training; in student supports, further providing for definitions; in school safety and security, further providing for definitions, for School Safety and Security Committee, for school safety and security assessment providers, for School Safety and Security Grant Program, for school safety and security coordinator and for school safety and security training, providing for school safety and mental health grants for 2025-2026 school year and further providing for reporting and memorandum of understanding; in school security, further providing for training, for school resource officers, for school security guards and for duties of commission; in Safe2Say Program, further providing for intent, for definitions, for Safe2Say Program and for annual report; in threat assessment, further providing for definitions, for threat assessment teams and for threat assessment guidelines, training and information materials; in Drug and Alcohol Recovery High School Program, further providing for scope of program and selection of students and for enrollment of students; in evidence-based reading instruction, further providing for definitions and providing for school entity duties related to evidence-based reading instruction, for school entity duties related to reading screening, for reading deficiency identification and parental notification, for reading intervention plans, for grant program, for funding, for reporting, for accountability and for construction; in high schools, further providing for attendance in other districts and providing for Free Application for Federal Student Aid; in interscholastic athletics accountability, further providing for council recommendations and standards; in charter schools, further providing for funding for cyber charter schools, for enrollment and notification and for enrollee wellness checks; in career and technical education, further providing for capital reserve fund for approved purchases of equipment and facility maintenance, for career and technical education equipment grants, for Cosmetology Training through Career and Technical Center Pilot Program and for Barber Training through Career and Technical Center Pilot Program; providing for Nursing Shortage Assistance Program; in community colleges, further providing for financial program and reimbursement of payments; in the State System of Higher Education, further providing for definitions and for Grow Pennsylvania Merit Scholarship Program; in educational tax credits, further providing for limitations; in higher education accountability and transparency, further providing for exit counseling; in miscellaneous provisions relating to institutions of higher education, repealing provisions relating to State-related university performance-based funding model, further providing for prohibition on scholarship displacement at public institutions of higher education and providing for cooperation and for State scholarship renewals; in institutions of higher education, further providing for powers and duties of State Board of Higher Education, for definitions, for Performance-based Funding Council and for public institution of higher education reporting, providing for State-related University Performance Fund, for performance-based funding formula and for public accountability and further providing for agency duties, for grant priority and for report; in Ready-to-Succeed Scholarship, further providing for agency; in funding for public libraries, providing for State aid for fiscal year 2025-2026; in reimbursements by Commonwealth and between school districts, further providing for student-weighted basic education funding beginning with 2023-2024 school year, for extraordinary special education program expenses, for assistance to school districts declared to be in financial recovery status or identified for financial watch status and for Ready-to-Learn Block Grant; in construction and renovation of buildings by school entities, further providing for applicability; abrogating regulations; and making an editorial change.

 

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

 

Section 1.  Sections 122(k)(3) and (m.1) and 133(b) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, are amended to read:

Section 122.  Special Education Funding Commission.--* * *

(k)  * * *

(3)  The commission shall be reconstituted January [15, 2026] 25, 2027, in accordance with subsection (c) and shall meet and hold public hearings to review the operation of the special education funding provisions of this section, and shall make a further report and shall issue the report to the recipients listed in subsection (i)(5) no later than November 30, [2026] 2027. When in receipt of the report recommending changes to the special education funding formula, the General Assembly shall consider and take action to enact the formula into law in accordance with subsection (j).

* * *

(m.1)  The Independent Fiscal Office shall complete a survey of school district, charter school, regional charter school and cyber charter school special education student cost distribution in conjunction with each reconstitution of the Special Education Funding Commission.

* * *

Section 133.  Minimum Number of Days or Hours.--* * *

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

(1)  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," prior to the effective date of this section.

(2)  Apply to the length of the school year for school employes, except that the school year for school employes must meet both of the minimum requirements under subsection (a).

* * *

Section 2.  The act is amended by adding a section to read:

Section 511.1.  Admission Fees for School-Sponsored Activities.--(a)  If a school entity, nonpublic school or association collects a fee for admission to a school-sponsored activity, cash shall be accepted as a form of payment for admission.

(b)  In addition to accepting cash as payment for admission, a school entity, nonpublic school or association may accept other payment methods for admission to the school-sponsored activity.

(c)  A school entity, nonpublic school or association may refuse to accept payment for admission that is in a denomination that significantly exceeds the amount of the fee under subsection (a). For events sanctioned by the association, if payment is made in cash, the admission fee must be paid in the exact amount.

(d)  If electronic ticketing is the sole method of admission, a school entity, nonpublic school or association shall provide alternative methods of payment and designated entry points for individuals who pay in person for the purpose of assisting and facilitating entry into the school-sponsored activity. The school entity, nonpublic school or association may accept any form of payment, including cash, at the designated entry points. The school entity, nonpublic school or association shall make available a support person to assist individuals who experience difficulty using electronic payment systems.

(e)  A school entity, nonpublic school or association may not impose a surcharge or any other additional fee in excess of the admission fee under subsection (a) for accepting cash as payment for admission to a school-sponsored activity.

(f)  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:

"Association" shall mean the Pennsylvania Interscholastic Athletic Association.

"Cash" shall mean all coins and currencies recognized as legal tender under 31 U.S.C. § 5103 (relating to legal tender).

"Interscholastic athletic activity" shall mean an athletic contest or competitions conducted between or among school entities or nonpublic schools located in this Commonwealth.

"Nonpublic school" shall mean as defined in section 923.3-A(b).

"School entity" shall mean a school district, intermediate unit, area career and technical school, charter school, cyber charter school or regional charter school.

"School-sponsored activity" shall mean an assembly, field trip, class trip, graduation ceremony, interscholastic athletic activity, extracurricular activity, club, group, team or any activity sponsored, held or approved by a school entity or nonpublic school.

Section 3.  Sections 913-A(b) and (c), 1201 and 1202.1 heading and (b)(1)(i) of the act are amended to read:

Section 913-A.  Staff.--* * *

(b)  An executive director shall be appointed by each intermediate unit board of directors for a term of four years: Provided, That the initial term shall commence July 1, 1971 and terminate June 30, 1974: And, provided further, however, That each intermediate unit planning committee may employ an executive director-elect to serve prior to July 1, 1971. An executive director shall hold [a commission issued by the Superintendent of Public Instruction, in accordance with regulations adopted by the State Board of Education.], at the time of appointment, either a letter of eligibility or a commission qualification letter issued by the Department of Education under the educational and experience criteria specified in section 1003(b). An intermediate unit executive director shall be commissioned by the Secretary of Education.

(c)  Assistant executive directors may be appointed by each intermediate unit board of directors upon recommendation of the executive director for a term of four years: Provided, That the initial term shall commence July 1, 1971, and terminate June 30, 1974: And provided further, however, That each intermediate unit planning committee may employ assistant executive directors-elect upon recommendation of the executive director-elect to serve prior to July 1, 1971. An assistant executive director shall hold [a commission issued by the Superintendent of Public Instruction, in accordance with regulations adopted by the State Board of Education.], at the time of appointment, either a letter of eligibility or a commission qualification letter issued by the Department of Education under the educational and experience criteria specified in section 1003(b). An assistant intermediate unit executive director shall be commissioned by the Secretary of Education.

* * *

Section 1201.  Certificates Qualifying Persons to Teach.--Only those persons holding one of the following certificates shall be qualified to teach in the public schools of this Commonwealth--(1) Permanent college certificate, (2) provisional college certificate, (3) normal school diploma, (4) normal school certificate, (5) special permanent certificate, (6) special temporary certificate, (7) permanent State certificate, (8) residency certificate, (9) [intern] experience-based certificate, (10) instructional certificate, (11) career and technical experience-based certificate, (12) career and technical instructional certificate, (13) certificates which are permanent licenses to teach by virtue of the provisions of section one thousand three hundred eight of the act, approved the eighteenth day of May, one thousand nine hundred eleven (Pamphlet Laws 309), as amended, which is repealed hereby, or [(11)] (14) such other kinds of certificates as are issued under the standards prescribed by the State Board of Education. The State Board of Education shall also provide for issuance of certificates by district superintendents to meet such emergencies or shortage of teachers as may occur.

Section 1202.1.  [Instructional] Special Education Certificate Grade Spans and Age Levels and Duties of Department.--* * *

(b)  The Department of Education shall have the following duties:

(1)  Within sixty (60) days of the effective date of this subsection:

(i)  (A)  Notify all teacher preparation programs approved by the Department of Education, all individuals enrolled in these programs and all individuals holding an early childhood certificate under 22 Pa. Code § 49.85(b)(1) that an individual holding or seeking an early childhood certificate may, by attaining qualifying scores on the assessment made available by the Department of Education, extend the grade span for the individual's early childhood certificate to include grades five and six and include and maintain notice of the availability of the assessment on the publicly accessible Internet website of the Department of Education with other information describing certification requirements.

(B)  This subparagraph shall expire July 1, 2028.

* * *

Section 4.  The act is amended by adding sections to read:

Section 1202.2.  Instructional Certificate Grade Spans and Age Levels.--(a)  Notwithstanding 22 Pa. Code § 49.85 (relating to limitations), the grade spans and age levels for instructional certificates shall be as follows:

(1)  Primary - prekindergarten, kindergarten, grades one through six or ages three (3) through eleven (11).

(2)  Secondary - grades seven through twelve or ages eleven (11) through twenty-one (21).

(3)  Specialized areas - prekindergarten through grade twelve or ages three (3) through twenty-one (21).

(b)  Certificates issued in accordance with 22 Pa. Code § 49.85(a), (b) and (d) shall remain valid for the term of the certificate.

(c)  An individual holding an Elementary/Middle Instructional Certificate issued in accordance with 22 Pa. Code § 49.85(b)(2) or (d)(2) shall have two pathways developed by the Department of Education to expand the scope of the individual's certificate to meet the grade levels covered under subsection (a)(2), which shall be limited to either completing continuing education credits for a specific certification level or attaining qualifying scores on the assessment made available by the Department of Education.

(d)  Notwithstanding subsection (a), an approved educator preparation program may permit an individual enrolled in a program prior to July 1, 2028, and remaining continuously enrolled to complete the program for the grade level limitations provided under 22 Pa. Code § 49.85(d). The Department of Education shall issue the appropriate certificates to an applicant who completes the program and meets all other certification requirements. No later than July 1, 2028, an educator preparation program may not accept new candidates seeking a certificate under 22 Pa. Code § 49.85(d).

(e)  (1)  Notwithstanding 22 Pa. Code § 49.85, an educator holding an early childhood certificate issued under 22 Pa. Code § 49.85(b)(1) or (d)(1) may teach fifth and sixth grade. An educator holding a secondary school certificate may teach sixth grade in the subject area for which the secondary certificate is endorsed.

(2)  The Secretary of Education may issue guidelines as necessary to implement this subsection.

(f)  The Secretary of Education may grant exceptions to the grade and age level limitations specified in this section or for those issued in accordance with 22 Pa. Code § 49.85. The secretary shall issue guidelines that outline the circumstances under which exceptions shall be granted.

(g)  An approved educator preparation program shall:

(1)  Require individuals enrolled in a program who are pursuing an instructional certificate under subsection (a)(1) to complete a minimum of thirty (30) credit hours of early childhood coursework. Coursework shall include, but not be limited to, the following topics focused on early childhood:

(i)  development stages;

(ii)  learning theories;

(iii)  curriculum development;

(iv)  instructional strategies;

(v)  content knowledge;

(vi)  learning environments;

(vii)  observation and assessment methods; and

(viii)  family and community partnerships.

(2)  Establish pathways for observation, research and student teaching which focus on specific child ages and grades within programs for individuals pursuing an instructional certificate under subsection (a)(1).

(3)  Allow individuals enrolled in a program who are pursuing an instructional certificate under subsection (a)(1) to complete their fieldwork and student teaching in early childhood settings, including at their employment site, provided the employment site meets field placement criteria and ensures that the cooperating teacher is a certified educator.

(h)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Early childhood" shall mean pre-kindergarten, kindergarten and grades one through three or ages three (3) through eight (8).

Section 1203.1.  State Certificate Fee Reduction.--Certificate fees assessed by the Department of Education related to the review of certificate eligibility for issuance of certificates under section 1201 may not be more than fifty dollars ($50).

Section 5.  Section 1204.1(a) of the act is amended to read:

Section 1204.1.  Standard Employment Application.--(a)  The Secretary of Education, in consultation with organizations representing school administrators, including personnel administrators, teachers and school boards, shall develop a standard employment application form for use by individuals eligible for or in possession of instructional, career and technical instructional, [intern] instructional experience-based or career and technical [intern] experience-based teaching certificates in making application for employment with school districts within this Commonwealth.

* * *

Section 6.  Section 1204.2(b) introductory paragraph of the act, amended July 11, 2024 (P.L.618, No.55), is amended and the section is amended by adding subsections to read:

Section 1204.2.  Career and Technical Instructional Certificate.--* * *

(b)  In addition to other requirements promulgated by the State Board of Education, the Department of Education shall issue a Career and Technical [Intern] Experience-Based Certificate under 22 Pa. Code § 49.151 (relating to eligibility and criteria) to an individual seeking a position with the primary responsibility of teaching occupational skills in State-approved career and technical education programs in the public schools of this Commonwealth if the individual presents any of the following:

* * *

(b.2)  The Career and Technical Experience-based Certificate shall be issued for the period of time needed by an individual to complete eighteen (18) credit hours in an approved career and technical educator preparation program, but in no case may the period of time exceed five (5) years from the date of issuance.

(b.3)  In addition to any other requirement promulgated by the State Board of Education, the Department of Education shall issue a Career and Technical Experience-Based Certificate under 22 Pa. Code § 49.151 to an individual securing recognition of occupational competency upon the basis of credential review and adequate work experience beyond the learning period as established by the department in a competency area regardless of whether an occupational competency examination exists.

(b.4)  In addition to any other requirement promulgated by the State Board of Education, the Department of Education shall issue a Career and Technical Instructional I Certificate under 22 Pa. Code § 49.142 to an individual securing recognition of occupational competency upon the basis of credential review and adequate work experience beyond the learning period as established by the department in a competency area, regardless of whether an occupational competency examination exists.

* * *

Section 7.  Section 1205.2(k) introductory paragraph and (2) of the act are amended, the subsection is amended by adding a paragraph and the section is amended by adding a subsection to read:

Section 1205.2.  Program of Continuing Professional and Paraprofessional Education.--* * *

(k)  A professional educator who is not employed by a school entity as a professional or temporary professional employe may apply to the department for inactive certification[.], which shall be granted by the department at no cost to the professional educator. Inactive certification shall:

* * *

(2)  Except as provided under [paragraph] paragraphs (2.1) and (2.2), be removed by the department upon the application of the professional educator and evidence of the completion of thirty (30) hours of continuing professional education within the immediate preceding [twelve (12)] eighteen (18) months. The department shall establish guidelines to approve courses that will authorize the removal of inactive certification.

* * *

(2.2)  Be removed by the department upon the application of the professional educator and evidence that the professional educator has received an offer of employment from a school entity that has committed to provide and ensure that the professional educator completes thirty (30) hours of in-service continuing professional education within the professional educator's first two years of employment.

* * *

(k.2)  (1)  Upon the removal of inactive certification under subsection (k)(2.1) or (2.2), a professional educator shall have the same number of hours of continuing professional education and the same amount of time in which to complete the hours as existed for the professional educator at the time inactive certification was granted.

(2)  In the case of a professional educator whose certificate was placed on inactive status for the first time by the department due to the expiration of the professional educator's compliance period, the professional educator shall begin a new five-year compliance period to satisfy the requirements of subsection (a).

* * *

Section 8.  Section 1207.1(a)(1) and (c) of the act are amended to read:

Section 1207.1.  Postbaccalaureate Certification.--(a) Notwithstanding any other provision of law to the contrary, the Secretary of Education shall have all of the following powers and duties with regard to postbaccalaureate certification programs:

(1)  Evaluate and approve, in accordance with this section, all postbaccalaureate certification programs, including accelerated programs, leading to the certification of professional personnel including [intern] experience-based certification programs, residency certification programs and administrative certification programs.

* * *

(c)  (1)  Postbaccalaureate instructional [intern] experience-based certification programs shall provide flexible and accelerated pedagogical training to teachers who have demonstrated subject matter competency in a subject area related to their certification.

(2)  The Secretary of Education may make a one-time issuance of a postbaccalaureate instructional [intern] experience-based certificate for service in a specific area of instruction to candidates who, in addition to meeting the requirements of section 1209, present evidence of satisfactory achievement on the department-prescribed subject matter assessments related to the area of certification and hold a bachelor's degree from an accredited college or university. This certificate shall require continuing enrollment in an approved postbaccalaureate instructional [intern] experience-based certification program.

(3)  A postbaccalaureate instructional [intern] experience-based certificate shall be valid for [three (3)] five (5) years of teaching in the public schools of this Commonwealth and may not be renewed.

(4)  A candidate shall be issued an Instructional I Certificate upon successful completion of the approved postbaccalaureate instructional [intern] experience-based program provided that the candidate has satisfied the requirements of section 1209.

* * *

Section 9.  The act is amended by adding a section to read:

Section 1207.5.  Assessment of Basic Skills.--An assessment of basic skills as defined in 22 Pa. Code § 49.1 (relating to definitions) shall not be permitted for admission into a Commonwealth educator preparation program or required for issuance by the Department of Education for a certificate type or area, including an instructional, career and technical, education specialist, experience-based or administrative certificate.

Section 10.  Section 1216.1(d) of the act is amended to read:

Section 1216.1.  Professional Educator Discipline Fee.--* * *

(d)  Notwithstanding any other provision of law or regulation, an individual who is a member of the United States Armed Forces, including a reserve component or National Guard, or a veteran, or the spouse of the member of the United States Armed Forces or the spouse of the veteran, [shall] may not be required to pay [only the following fees] a fee to the department with respect to the individual's certification[:

(1)  A certification fee not to exceed ten dollars ($10).

(2)  A professional educator discipline fee not to exceed twenty-five dollars ($25)].

* * *

Section 11.  The act is amended by adding a section to read:

Section 1221.  Career and Technical Administrative Director Certification Flexibility.--(a)  A school entity may employ an educator who has been issued a superintendent's letter of eligibility to fill a director of career and technical education administrator vacancy if the educator meets one of the following requirements:

(1)  Has a minimum of three (3) years of relevant professional experience, including serving as a career and technical center superintendent of record, in a career and technical school or secondary school offering at least three (3) career and technical education programs approved by the Department of Education.

(2)  Completed a postbaccalaureate program under section 1207.1 that is approved by the Department of Education and prepares the educator to direct, operate, supervise and administer career and technical education in a school entity.

(3)  Agrees to complete a career and technical education leadership program approved by the Department of Education that meets the Pennsylvania school leadership standards under section 1217 within three (3) years of employment as a career and technical administrative director in accordance with this section.

(b)  Notwithstanding section 1207.1(d) and 22 Pa. Code § 49.163 (relating to Career and Technical Administrative Director), the Department of Education shall issue a career and technical administrative director certificate to an educator who has fulfilled three (3) full and consecutive academic years of employment at the school entity as a career and technical administrative director in accordance with this section and meets one of the following requirements:

(1)  Meets the eligibility requirements in accordance with subsection (a)(1) or (2).

(2)  Provides the Secretary of Education with evidence of successfully completing the career and technical education leadership program in accordance with subsection (a)(3).

(c)  The Department of Education may not impose a requirement based on the amount of time or percentage of the assignment related to supervising career and technical education programs.

(d)  The period of employment as a career and technical education administrative director under a valid Pennsylvania career and technical emergency permit shall be counted by the Department of Education toward fulfilling the relevant professional experience requirement under subsection (a)(1).

(e)  An educator employed as a career and technical administrative director in accordance with this section may not serve as a superintendent at the same time.

(f)  As used in this section, the term "school entity" is defined as an area career and technical school or school district, charter school or intermediate unit offering at least three (3) career and technical education programs approved by the Department of Education.

Section 12.  Section 1327.2 of the act is amended to read:

Section 1327.2.  Attendance Policy at Charter, Regional Charter and Cyber Charter Schools.--(a)  Each charter, regional charter and cyber charter school shall establish an attendance policy designed to accurately determine when a child who is enrolled in a charter, regional charter or cyber charter school has an unexcused or excused absence or is present for instruction, which may differ from the policy of the school district in which the child resides. The policy must conform to the provisions of this act relating to compulsory attendance.

(a.1)  In addition to the requirements of subsection (a), a cyber charter school shall include in its attendance policy the following:

(1)  A policy to determine when a child has an unexcused or excused absence or is present for synchronous instruction. To be present for synchronous instruction, a child must be present and visible to the teacher on camera during each synchronous instructional period for each course.

(2)  A prohibition specifying that a cyber charter school administrator or chief administrator may not alter an attendance record taken by a teacher, unless the alteration corrects an error.

(3)  A policy to determine when a child has an unexcused or excused absence or is present for asynchronous instruction. To be present for asynchronous instruction, a child must complete weekly benchmarks. The following requirements shall apply to the weekly benchmarks:

(i)  A cyber charter school shall establish weekly benchmarks for students participating in asynchronous instruction and shall submit the weekly benchmarks to the department for approval by June 30 of each year for the following school year. If the department has not approved, denied or returned the weekly benchmarks within forty-five (45) days, the weekly benchmarks shall be deemed approved for the following school year.

(ii)  The weekly benchmarks must be sufficient to demonstrate the student is making adequate and consistent progress toward completion of each course in which the student is enrolled. The cyber charter school's attendance policy shall define adequate and consistent progress and include the consequence for failure to make adequate and consistent progress.

(iii)  If a student does not complete the weekly benchmark, the student shall receive an absence or other consequence in accordance with the policy under this paragraph.

(b)  Notwithstanding section 1333.2(a), in the case of a child enrolled in a cyber charter school the venue for the filing of a citation under section 1333.1 shall be based upon the residence of the child. A cyber charter school may participate in a proceeding under sections 1333.1, 1333.2 and 1333.3 in person, by telephone conferencing, by video conferencing or by any other electronic means.

(c)  (1)  Charter, regional charter and cyber charter schools shall report all unexcused absences directly to the department annually through the Pennsylvania Information Management System (PIMS).

(2)  In addition to the reporting requirements under paragraph (1), cyber charter schools shall submit information related to the completion of the weekly benchmarks established under subsection (a.1)(3) annually through PIMS and the department shall post the information on the department's publicly accessible Internet website.

(3)  For students who have been found to be truant or habitually truant, cyber charter schools shall report the information required under paragraphs (1) and (2) directly to the department monthly through PIMS.

Section 13.  Section 1333(a) of the act is amended by adding paragraphs and the section is amended by adding a subsection to read:

Section 1333.  Procedure When Child is Truant.--(a)  When a child is truant, the school shall notify in writing the person in parental relation with the child who resides in the same household as the child of the child's violation of compulsory school attendance within ten (10) school days of the child's third unexcused absence. The notice:

* * *

(2.1)  shall include notice to the person in parental relation that a child who is habitually truant may not transfer, during the school year, to a cyber charter school unless a judge determines that the transfer is in the best interest of the child;

(2.2)  shall include resources available to assist the child and the person in parental relation with returning the child to compliant compulsory school attendance and opportunities for further academic recovery in response to the truant behavior;

* * *

(c.1)  A child who is habitually truant may not transfer, during the school year, to a cyber charter school unless a judge determines that the transfer is in the best interest of the child.

* * *

Section 14.  Sections 1333.1, 1333.2 and 1333.3 of the act are amended by adding subsections to read:

Section 1333.1.  Procedure by School When Child Habitually Truant.--* * *

(d.1)  An educational entity in which the child is enrolled shall provide the child with a school attendance improvement plan and shall continue to pursue remedies to the child's habitual truancy until the child is no longer truant or is no longer of compulsory school age, regardless of whether the child was enrolled at the current educational entity or another educational entity at the time of truancy.

* * *

Section 1333.2.  Procedure Upon Filing of Citation.--* * *

(i)  Nothing in this section shall be construed to limit the ability of a judge to enter a sentence after the completion of the school year in which the child was habitually truant, provided that the penalties for a sentence shall be limited to those specified in section 1333.3(a)(2) and (3).

Section 1333.3.  Penalties for Violating Compulsory School Attendance Requirements.--* * *

(i)  At the time of conviction of a child for a violation of the requirements of compulsory school attendance under this article, the court shall make a determination on the ability of the child to transfer to a cyber charter school in accordance with section 1333(c.1).

(j)  The court shall retain jurisdiction of the matter insofar as it relates to the completion of community service, a course, program or plan by the student as provided in subsection (a)(2) or (3) or (b), if applicable. Upon completion of the community service, course, program or plan, the court's jurisdiction is relinquished.

Section 15.  Section 1333.4 of the act is amended to read:

Section 1333.4.  Study of Truancy Procedure.--(a)  Five (5) years after commencement of the first school year to which section 1333 applies, and at regular intervals not to exceed every five (5) years thereafter, the Joint State Government Commission shall undertake a study of the procedures for how a school handles children who are truant and habitually truant and evaluate the effectiveness of the procedures in improving school attendance and whether the procedures should be revised, including to require court involvement sooner in certain truancy cases[.] and a summary of changes in truancy procedure and practice within this Commonwealth since the previous report issued by the Joint State Government Commission.

(b)  The Joint State Government Commission shall establish an advisory committee that may include representatives of the Department of Education, educational entities and organizations, including cyber charter schools, the judiciary, district attorneys, law enforcement, public organizations involved in truancy issues, representatives of county children and youth agencies and juvenile justice agencies and other organizations selected by the Joint State Government Commission to consult with the Joint State Government Commission in conducting the study.

(c)  The Joint State Government Commission shall hold informational meetings to receive testimony from professionals or organizations with expertise in truancy and truancy prevention.

(d)  The Joint State Government Commission shall issue a report of its findings and recommendations to the Education Committee of the Senate and the Education Committee of the House of Representatives not later than twelve (12) months after undertaking [the] each study.

Section 16.  The act is amended by adding a section to read:

Section 1333.5.  Department Supports to Prevent Truancy.--The department, in coordination with the Department of Human Services, shall develop best practices for student supports to prevent truancy and habitual truancy.

Section 17.  Section 1339 of the act is amended to read:

Section 1339.  Reports to [Superintendent of Public Instruction.--Every school district] Secretary of Education.--(a)  Every educational entity shall report to the [Superintendent of Public Instruction upon the] Secretary of Education information related to student attendance and enforcement of the provisions for compulsory attendance and the cost thereof, in such detail as [said Superintendent of Public Instruction shall request.] requested by the department. The department shall post quarterly reports on its publicly accessible Internet website, related to the enforcement of compulsory attendance, which shall contain all the information required to be provided to the department under this article. Information shall be reported and posted in a manner consistent with the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g).

(b)  A school administrator, employe or representative of an educational entity who knowingly falsifies a report or data submitted to the department under subsection (a) shall be guilty of a misdemeanor of the third degree.

Section 18.  Section 1372(8) of the act is amended by adding a subparagraph to read:

Section 1372.  Exceptional Children; Education and Training.--* * *

(8)  Reporting of Expenditures Relating to Exceptional Students.

* * *

(vi)  For purposes of reporting expenditures under this section and for calculating the costs for educating a special education student, costs shall be in accordance with Department of Education guidance and shall include the following:

(A)  Eligible instruction costs per special education student when specified in the student's individualized education program shall include:

(I)  Prorated salary and benefits for a classroom special education teacher.

(II)  Prorated salary and benefits for a classroom aide, if the aide is assigned to a group of students.

(III)  Total cost of salary and benefits if a paraprofessional or one-on-one aide is assigned to the student.

(B)  Eligible related services costs per special education student when specified in the student's individualized education program shall include:

(I)  Prorated transportation cost if the vehicle is transporting multiple students at one time.

(II)  Total transportation cost if the vehicle is transporting only the student receiving services.

(III)  Prorated cost of speech and language services if services are provided to a group of students.

(IV)  Total cost of speech and language services if services are provided to the student receiving services.

(V)  Total cost of individual services, including occupational therapy, physical therapy, vision services, hearing services, orientation and mobility and related services.

(VI)  Prorated cost of school nursing services if services are provided to a group of students.

(VII)  Total cost of a one-on-one nurse if the nurse is assigned to a student receiving services.

(C)  Eligible specialized equipment costs per special education student when specified in the student's individualized education program shall include:

(I)  Total cost of braille materials for the student receiving services.

(II)  Total cost of assistive technology for the student receiving services.

(III)  Total cost of other equipment for the student receiving services.

(D)  Ineligible costs that may not be used in the calculation include:

(I)  Administrative costs.

(II)  Nonspecialized transportation costs.

(III)  General education costs, which are not applicable to special education services.

Section 19.  The definition of "chief school administrator" in section 1301-A of the act is amended to read:

Section 1301-A.  Definitions.--As used in this article,

"Chief school administrator" shall mean the superintendent of a public school district, superintendent of an area career and technical school, executive director of an intermediate unit or chief [executive officer] administrator of a charter school.

* * *

Section 20.  The definition of "chief school administrator" in section 1301-B of the act is amended to read:

Section 1301-B.  Definitions.

The following words and phrases when used in this article shall have the meaning given to them in this section unless the context clearly indicates otherwise:

"Chief school administrator."  The superintendent of a public school district, superintendent of an area career and technical school, executive director of an intermediate unit or chief [executive officer] administrator of a charter school.

* * *

Section 21.  Section 1302-B(i) and (j)(1)(i) of the act are amended and subsection (b) is amended by adding a paragraph to read:

Section 1302-B.  School Safety and Security Committee.

* * *

(b)  Composition.--The committee shall consist of a chairperson and the following members:

* * *

(13)  A recognized subject matter expert in cyber security appointed by the Governor from three names submitted jointly by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, who shall be nonvoting.

* * *

(i)  Cooperation.--[The] In cooperation with the committee, the commission shall [cooperate with the committee to] establish an Office of School Safety and Security and shall select staff to be employed by the commission and assigned to assist the committee in carrying out its duties.

(j)  Executive committee.--

(1)  The committee shall establish an executive committee which shall meet, at a minimum, every two months to identify and review current and emerging school safety issues, including, but not limited to:

(i)  data on issues and incidents reported through the Safe2Say Something Program;

* * *

Section 22.  Section 1304-B of the act is amended by adding subsections to read:

Section 1304-B.  School safety and security assessment providers.

* * *

(d)  Review of registered assessment providers.--Annually, the committee shall select a sample of active registered school safety and security assessment providers to submit a completed assessment for review. The committee shall ensure that all registered school safety and security providers are reviewed every three years. The registered provider may be required to correct deficiencies identified in assessment materials.

(e)  Removal.--Registered providers may be removed from the registered provider list if the assessors are unresponsive or inactive or if the assessment materials are determined to be inconsistent with the approved assessment criteria under section 1303-B.

Section 23.  Section 1306-B(h)(4) of the act is amended and subsections (h) and (j) are amended by adding paragraphs to read:

Section 1306-B.  School Safety and Security Grant Program.

* * *

(h)  School Safety and Security Fund.--

* * *

(4)  The fund may only be used for the grant programs authorized under this article and no money in the fund may be transferred or diverted to any other purpose by administrative action[.], except that the committee may annually authorize the use of unexpended, uncommitted or unencumbered money in the fund to be used for administrative costs of the commission associated with carrying out the duties under this article, including fulfilling training requirements under this article and Articles XIII-C and XIII-E.

* * *

(14)  Notwithstanding any other provision of law, during the 2025-2026 fiscal year, money in the fund shall be used as follows:

(i)  One hundred million dollars shall be used for school safety and mental health grants under section 1314.2-B.

(ii)  Twenty million seven hundred thousand dollars shall be used for targeted school safety grants under section 1306.1-B.

* * *

(j)  Specific purposes.--The committee shall provide grants to school entities for programs that address school mental health and safety and security, including:

* * *

(32)  Establishing, enhancing or promoting cybersecurity measures, including:

(i)  Internal and external penetration testing.

(ii)  Enhancing programs aimed at cybersecurity and risk management.

(iii)  Coordinating or enhancing partnerships with local law enforcement agencies.

(iv)  Forming cybersecurity breach reaction plans in accordance with Federal, State and local cybersecurity and data security guidelines.

(v)  Collaboration with approved third-party vendors in conducting cybersecurity protection, internal and external penetration testing and vulnerability assessment.

(vi)  Establishment of cybersecurity protocols associated with the use of third-party providers.

(vii)  Other recommendations made to remedy cybersecurity vulnerabilities found by third-party providers.

* * *

Section 24.  Section 1309-B(d) of the act is amended, subsection (c)(5.1)(iii) is amended by adding a clause and subsection (c) is amended by adding a paragraph to read:

Section 1309-B.  School safety and security coordinator.

* * *

(c)  Specific duties.--The school safety and security coordinator shall:

* * *

(3.1)  Coordinate school safety and security meetings with school and building leadership, at least quarterly.

* * *

(5.1)  No later than June 30, 2025, and each June 30 thereafter, make a report to the school entity's board of directors on the school entity's current school security personnel. The following apply:

* * *

(iii)  Each report shall include:

* * *

(F)  Beginning June 30, 2026, and each June 30 thereafter, an attendance report of school and building personnel present at school safety and security meetings, including yearly attendance totals.

* * *

(d)  Training required.--

(1)  School administrators appointed as school safety and security coordinators shall complete the seven hours of training required under section 1316-B within one year [from the time the first trainings that meet the criteria are posted by the committee] of appointment.

(2)  School administrators appointed as safety and security coordinators [after trainings are posted shall complete the training within one year of appointment] shall complete any additional continuing education requirements as adopted by the committee.

Section 25.  Section 1310-B(a) introductory paragraph of the act is amended and the section is amended by adding a subsection to read:

Section 1310-B.  School safety and security training.

(a)  School entity duties.--School entities, in consultation with the school safety and security coordinator, shall provide their employees with mandatory training on school safety and security subject to the following based on the needs of the school entity:

* * *

(a.2)  Input.--Annually, the school safety and security coordinator shall meet with school employees for input on the training for the school entity under subsection (a).

* * *

Section 26.  The act is amended by adding a section to read:

Section 1314.2-B.  School safety and mental health grants for 2025-2026 school year.

(a)  Funding.--For the 2025-2026 school year, the money under section 1306-B(h)(14)(i) shall be used by the committee to award school safety and mental health grants to school entities in accordance with this section.

(b)  Purpose of grants.--

(1)  A school entity shall be eligible for school safety and mental health grants to meet the level 1 baseline criteria for physical security or behavioral health and school climate criteria established by the committee.

(2)  If a school entity has met the level 1 baseline criteria for physical security, the school entity shall be eligible to expend funding for activities outlined in section 1306-B(j)(1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (16), (18), (22), (23) and (32).

(3)  If a school entity has met the level 1 baseline criteria for behavioral health and school climate, the school entity shall be eligible to expend funding for activities outlined in section 1306-B(j)(6), (10), (15), (17), (19), (20), (21), (23), (24), (25), (26), (27), (28), (29), (30) and (31).

(c)  Amount of grants.--The committee shall award school safety and mental health grants to each school entity that submits an application in the following amounts:

(1)  A school district shall receive:

(i)  $100,000; and

(ii)  the amount determined under paragraph (3).

(2)  An intermediate unit, area career and technical school, charter school, regional charter school and cyber charter school shall receive $70,000.

(3)  An amount determined as follows:

(i)  Multiply the 2023-2024 adjusted average daily membership for each school district by the difference between the amount allocated in subsection (a) and the sum of the amounts distributed under paragraphs (1) and (2).

(ii)  Divide the product from subparagraph (i) by the 2023-2024 adjusted average daily membership for all school districts.

(d)  Availability of applications.--The committee shall make an application for grants under this section available to school entities no later than 45 days after the effective date of this subsection. 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 money will be used for the stated purpose.

(e)  Effect of revenue received.--Grant money received under this section may not be included when calculating the amount to be paid under section 1725-A.

(f)  Audit and monitoring.--The committee shall randomly audit and monitor grant recipients to ensure the appropriate use of grant money and compliance with provisions of the grant program.

(g)  Definition.--As used in this section, the term "school entity" means a school district, area career and technical school, intermediate unit, charter school, regional charter school and cyber charter school.

Section 27.  Section 1319-B(f) of the act is amended and subsection (d) is amended by adding a paragraph to read:

Section 1319-B.  Reporting and memorandum of understanding.

* * *

(d)  Advisory committee.--A chief school administrator shall form an advisory committee composed of relevant school staff, including, but not limited to, principals, security personnel, school safety and security coordinator, emergency services personnel, school security personnel, guidance counselors and special education administrators to assist in the development of a memorandum of understanding under this section. In consultation with the advisory committee, the chief school administrator shall enter into a memorandum of understanding with law enforcement agencies having jurisdiction over school property of the school entity. The chief school administrator shall submit a copy of the memorandum of understanding to the department by June 30, 2024, and biennially update and re-execute a memorandum of understanding with law enforcement and file the memorandum with the department on a biennial basis. The memorandum of understanding shall be signed by the chief school administrator, the chief of police of the law enforcement agency with jurisdiction over the relevant school property and principals of each school building of the school entity. The memorandum of understanding shall comply with the regulations promulgated under section 1306.2-B and shall also include:

* * *

(4)  A procedure for timely coordination between the school entity's threat assessment team and the law enforcement agency, if necessary, pursuant to section 1302-E.

* * *

(f)  Noncompliance.--If a school entity or law enforcement agency fails to comply with the provisions of this section, the school entity or law enforcement agency may not be awarded any grant administered by the committee until such time as the school entity or law enforcement agency has complied with this section. No later than September 1 of each year, the department shall provide the committee with a list of school entities that have not reported information under this section to the department.

* * *

Section 28.  Sections 1305-C(a)(2)(i), 1313-C(a.1)(1), 1314-C(b)(1) and 1315-C(1), Article XIII-D heading and section 1301-D(3), (4), (5) and (6) of the act are amended to read:

Section 1305-C.  Training.

(a)  General rule.--A school police officer who has been granted powers under section 1306-C(a)(3) or (b) or has been authorized to carry a firearm must, before entering upon the duties of the office, satisfy the following:

* * *

(2)  (i)  Successfully complete [the Basic School Resource Officer Course offered by the National Association of School Resource Officers or an equivalent course of instruction approved by the commission.] training for school security personnel in accordance with the standards approved by the commission and with a provider approved in accordance with section 1315-C.

* * *

Section 1313-C.  School resource officers.

* * *

(a.1)  Training.--

(1)  Prior to entering upon the duties of the office, a school resource officer shall successfully complete [the Basic School Resource Officer Course offered by the National Association of School Resource Officers or an equivalent course of instruction approved by the commission.] training for school security personnel in accordance with the standards approved by the commission and with a provider approved in accordance with section 1315-C.

* * *

Section 1314-C.  School security guards.

* * *

(b)  Training.--The following shall apply:

(1)  Prior to entering upon the duties of the office, a school security guard shall successfully complete [the Basic School Resource Officer Course offered by the National Association of School Resource Officers or an equivalent course of instruction approved by the commission.] training for school security personnel in accordance with the standards approved by the commission and with a provider approved in accordance with section 1315-C.

* * *

Section 1315-C.  Duties of commission.

The commission shall have the following duties under this article:

(1)  [In conjunction with the department and the Pennsylvania State Police, periodically reassess the training requirements for all school security personnel, including the Basic School Resource Officer Course offered by the National Association of School Resource Officers.] The following:

(i)  In consultation with the Department of Education and the Pennsylvania State Police, adopt minimum standards for training of school security personnel who will provide school security services in school entities and nonpublic schools. The standards shall incorporate the subjects included in the Basic School Resource Officer Course offered by the National Association of School Resource Officers and subjects specific to Pennsylvania law. The commission may approve groups, organizations or other entities to provide training under this paragraph.

(ii)  The commission, in conjunction with the Department of Education and the Pennsylvania State Police, shall periodically reassess the standards and training requirements for all school security personnel.

* * *

ARTICLE XIII-D

SAFE2SAY SOMETHING PROGRAM

Section 1301-D.  Intent.

The General Assembly finds and declares as follows:

* * *

(3)  It is the intent of the General Assembly that the Safe2Say Something Program be a one-stop shop for students, teachers and community members to report behavior perceived to be threatening to an individual or a school entity. Reports made through the anonymous reporting system will be referred to local schools, law enforcement and/or organizations.

(4)  The intent of the General Assembly is for the Safe2Say Something Program to supplement, not replace, 911 services. The Safe2Say Something Program is intended to facilitate increased communication between law enforcement, school districts and organizations.

(5)  It is not the intent of the General Assembly that the Safe2Say Something Program be used as a disciplinary tool for school employees. However, there may be instances where information obtained through the program may be shared with and used by school officials.

(6)  The Safe2Say Something Program is not meant to be a tool for law enforcement. However, there may be instances where information obtained through the program may be shared with and used by law enforcement.

Section 29.  The definition of "program" in section 1302-D of the act is amended to read:

Section 1302-D.  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:

* * *

"Program."  The Safe2Say Something Program established under section 1303-D(a).

* * *

Section 30.  Section 1303-D heading, (a) and (d) of the act are amended, subsection (c) is amended by adding paragraphs and the section is amended by adding a subsection to read:

Section 1303-D.  Safe2Say Something Program.

(a)  Establishment.--The Safe2Say Something Program is established within the office.

* * *

(c)  Program requirements.--Beginning January 14, 2019, the program shall be responsible for the following:

* * *

(11)  To develop a training program for school personnel on the program which, at a minimum, should include training on receiving, responding to and disposing of a report. The office may partner with a third party to develop the training program. The training program shall be made available to school entities at no charge to the school entity.

(12)  To provide technical assistance and support to the program, as needed.

(13)  To follow up and determine the outcome of a report made to the program, including actions taken on the report.

(d)  School entity.--Each school entity shall [develop]:

(1)  Develop procedures for assessing and responding to reports received from the program.

(2)  (i)  Except as provided under subparagraph (ii), provide, in a form and manner determined by the office, for a final disposition of each report received by the school entity within 30 days of receipt of a report from the program.

(ii)  For a life safety event, provide for a final disposition within 48 hours of the receipt of a report from the program.

(e)  Noncompliance.--The following shall apply to a school entity that fails to submit final dispositions to the office:

(1)  The office shall post on its publicly accessible Internet website a list of each school entity that has not submitted final dispositions to the office.

(2)  The office shall report to the School Safety and Security Committee the school entities that have not submitted final dispositions to the office.

(3)  The School Safety and Security Committee may not award any grant administered by the committee to a school entity that has not submitted final dispositions to the office until the school entity has submitted final dispositions to the office.

Section 31.  Section 1307-D(b) of the act is amended by adding paragraphs to read:

Section 1307-D.  Annual report.

* * *

(b)  Contents of report.--The report shall, at a minimum, include:

* * *

(7.1)  The total number of trainings received by school entities from the office or a partner of the office.

(7.2)  The total number of trainings of school personnel on the program, including training on how to receive, respond and dispose of reports from the program.

(7.3)  A list of school entities that have not yet completed training on how to receive, respond and dispose of reports from the program.

* * *

Section 32.  The definitions of "chief school administrator" and "Safe2Say Program" in section 1301-E of the act are amended to read:

Section 1301-E.  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:

* * *

"Chief school administrator."  A superintendent of a school district, executive director of an intermediate unit, administrative director of an area career and technical school or chief [executive officer] administrator of a charter school, regional charter school or cyber charter school.

* * *

"Safe2Say Something Program."  The Safe2Say Something Program established under Article XIII-D.

* * *

Section 33.  Section 1302-E(b)(1)(ii)(B)(IV) and (iv) of the act are amended and subsection (b)(1)(ii)(B) is amended by adding a subclause to read:

Section 1302-E.  Threat assessment teams.

* * *

(b)  Team requirements.--The following shall apply to teams established under subsection (a):

(1)  Each team shall:

* * *

(ii)  Include:

* * *

(B)  Other school staff or community resources who may serve as regular team members or be consulted during the threat assessment process, as appropriate, and as determined necessary by the team, including:

* * *

(IV)  The individual identified by the school entity to receive reports from the Safe2Say Something Program.

* * *

(VII)  An individual who serves on a local or county threat assessment team, if applicable.

* * *

(iv)  Be responsible, at a minimum, for the following:

(A)  Making age-appropriate informational materials available to students regarding recognition of threatening or at-risk behavior that may present a threat to the student, other students, school employees, school facilities, the community or others and how to report their concerns, including through the Safe2Say Something Program.

(B)  Making informational materials available to school employees regarding recognition of threatening or at-risk behavior that may present a threat to the student, other students, school employees, school facilities, the community or others and how to report their concerns, including through the Safe2Say Something Program.

(C)  Ensuring that school employees are aware of the staff members who are appointed to the team and how to report threatening or at-risk behavior, including through the Safe2Say [program] Something Program.

(D)  Assisting in assessing and responding to reports received through the Safe2Say Something Program. Where a school entity has only one team, that team may also serve as the school entity's team for assessing and responding to reports received through the Safe2Say Something Program.

(E)  Assessing and responding to reports of students exhibiting self-harm or suicide risk factors or warning signs as provided for under section 1526.

(F)  Assessing, responding and making appropriate determinations and referrals under subsection (c) based on the information available to the team. The team, when appropriate, may coordinate with the student assistance program.

(G)  Providing required information to the chief school administrator or designee to make the report provided for under subsection (a)(2)(v).

(H)  Establishing protocols for timely consultation between the team and law enforcement, juvenile justice agencies, county agencies, health care providers or behavioral service providers, as appropriate, to refer students whose behavior indicates a potential threat for additional interventions or supports, including the exchange of relevant information in accordance with Federal and State law.

* * *

Section 34.  Sections 1303-E(a)(3)(ii), 1403-A(a) and 1403.1-A(a)(2) of the act are amended to read:

Section 1303-E.  Threat assessment guidelines, training and information materials.

(a)  Duties of committee.--No later than 180 days from the effective date of this section, the committee shall:

* * *

(3)  Develop model procedures and guidelines that school entities may use in implementing this article. The model procedures and guidelines shall, at a minimum:

* * *

(ii)  Reflect best practices in identifying, reporting, assessing and responding to threats, including threats reported through the Safe2Say Something Program, and coordinating with stakeholders.

* * *

Section 1403-A.  Scope of program and selection of students.

(a)  Maximum participation.--

(1)  Beginning in the 2017-2018 school year, a maximum of 20 students in grades 9 through 12 may be enrolled in the recovery high school under the program at any one time.

(2)  Beginning in the 2025-2026 school year, a maximum of 35 students in grades 9 through 12 may be enrolled in the recovery high school under the program at any one time.

* * *

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:

* * *

(2)  If fewer than [20 students] the maximum number of students that may be enrolled under subsection 1403-A 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.

* * *

Section 35.  Section 1501-N of the act is amended by adding a definition to read:

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:

* * *

"Parent."  An individual who has legal custody or guardianship of a student.

* * *

Section 36.  The act is amended by adding sections to read:

Section 1503-N.  School entity duties related to evidence-based reading instruction.

(a)  Duties of school entity.--A school entity shall do all of the following no later than the beginning of the 2027-2028 school year:

(1)  Adopt an evidence-based reading instruction curriculum.

(2)  Identify an educator responsible for assisting each school with the implementation of the curriculum adopted under paragraph (1).

(3)  Approve a professional development training program from a list developed by the department in consultation with the council, which satisfies the requirements under section 1205.8(c) for educators.

(4)  Demonstrate that each educator is in the process of completing approved professional development under paragraph (3).

(b)  Completion of training.--An educator must complete approved professional development training under subsection (a)(3) no later than the beginning of the 2028-2029 school year.

(c)  Reporting.--

(1)  By March 31, 2026, each school entity shall report to the department the reading instruction curricula in use by the school entity during the 2025-2026 school year.

(2)  By July 31, 2027, and each year thereafter, each school entity shall report to the department the following:

(i)  The evidence-based reading instruction curricula adopted by the school entity under subsection (a)(1).

(ii)  The number of educators in the school entity who have received professional development under section 1502-N(b)(3) and the type of professional development received.

Section 1504-N.  School entity duties related to reading screening.

(a)  General rule.--A school entity shall, no later than the beginning of the 2027-2028 school year, screen each student enrolled in kindergarten through third grade for reading competency three times each school year, once at the beginning of the school year, once during the middle of the year and once at the end of the school year. In conducting the screening, the school entity shall use a universal reading screener chosen from the list of approved universal reading screeners under section 1502-N(b).

(b)  Exception.--Students with limited English proficiency, students with disabilities and gifted students are subject to the requirements of this section, unless the assessment would conflict with the educational program, plan or service agreement provided in accordance with Federal or State law and regulation.

Section 1505-N.  Reading deficiency identification and parental notification.

(a)  Student.--A student in kindergarten through grade three shall be identified as having a reading deficiency if an approved universal reading screener administered under section 1504-N identifies the student at risk for reading failure.

(b)  Reading deficiency.--A student who is identified as having a reading deficiency under subsection (a) shall remain identified as having a reading deficiency until the student performs at or above an identified threshold level using at least three data points, which may include:

(1)  results on a universal reading screener;

(2)  the educator's professional judgment on a student's performance;

(3)  progress monitoring outcomes;

(4)  diagnostic assessments;

(5)  benchmark assessments; and

(6)  formative or summative assessments.

(c)  Parental notification.--A school entity shall notify, in writing or electronically:

(1)  Each parent of a kindergarten student who exhibits a deficiency in reading in the third screening at the end of the school year.

(2)  Each parent of a first through third grade student who exhibits a deficiency in reading during the school year after the identification of the reading deficiency, including periodic updates three times per year regarding the student's progress.

(d)  Construction.--Nothing under this section shall be construed to prohibit a school entity from identifying a student in another grade level as being in need of reading interventions.

Section 1506-N.  Reading intervention plans.

(a)  Duty of school entity.--A school entity shall provide a reading intervention plan to each student in kindergarten through grade three who is identified as having a reading deficiency under section 1505-N with the goal of ensuring that the student can read at or above grade level by the end of grade three.

(b)  Development.--The reading intervention plan shall be developed by an educator.

(c)  Contents.--The reading intervention plan shall, at a minimum, include reading intervention approaches and be provided in addition to:

(1)  instruction provided to each student in the general education classroom; and

(2)  evidence-based instruction curriculum.

Section 1507-N.  Grant program.

(a)  Establishment.--Contingent upon available funding, the department may establish a grant program to aid school entities with costs associated with implementation of this article. The total amount of grants awarded shall be limited to funds available for this purpose under section 1508-N.

(b)  Application.--The department shall develop an application form that school entities must use to apply for a grant under the program. Grant applications must be submitted in accordance with guidelines developed by the department.

Section 1508-N.  Funding.

The department shall use the following funding sources for the purpose of this article and to award grants to school entities under section 1507-N, including providing professional coaching and contracting with multiple service providers to provide coaching support in the program as required under section 1205.8:

(1)  Appropriations to the department for the purpose of this article.

(2)  Money made available to the department from other public and private sources, including the Federal Government.

Section 1509-N.  Reporting.

(a)  School entity report.--Beginning July 31, 2028, and continuing each July 31 thereafter, a school entity shall report annually to the department the following:

(1)  The number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency at the beginning of the school year according to the first screening of the school year required under section 1504-N and the literacy intervention approaches provided.

(2)  The number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency at the end of the school year according to the final screening of the school year required under section 1504-N.

(3)  The number of students, disaggregated by grade and by individual school, excepted from the assessment under section 1504-N(b).

(4)  Any other information deemed necessary by the Secretary of Education to carry out this article and assess effectiveness over time.

(b)  Department report.--Beginning November 30, 2028, and continuing each November 30 thereafter, the department shall produce an annual report that provides the information reported to the department under subsection (a).

(c)  Report data.--Data included in the report shall be deidentified and comply with 20 U.S.C. § 1232g (relating to family educational and privacy rights).

(d)  Public posting.--The department shall post the report required under this section on the department's publicly accessible Internet website and shall submit the report to each of the following:

(1)  The Governor.

(2)  The State Board of Education.

(3)  The President pro tempore of the Senate.

(4)  The Speaker of the House of Representatives.

(5)  The chairperson and minority chairperson of the Education Committee of the Senate.

(6)  The chairperson and minority chairperson of the Education Committee of the House of Representatives.

Section 1510-N.  Accountability.

(a)  Duties of the department.--The department shall monitor and enforce school entity compliance with this article as follows:

(1)  Beginning with the 2027-2028 school year, and continuing each school year thereafter, the department shall develop a plan to monitor progress of a school entity's evidence-based reading instruction to ensure improved educational outcomes.

(2)  If a school entity is not in compliance with this article or its students are not demonstrating progress in reading skills or proficiency, the department may implement evidence-based corrective actions, including literacy coaches and other resources.

(b)  Effect of noncompliance.--A school entity that declines department assistance under subsection (a) forfeits grant funding under this article.

Section 1511-N.  Construction.

Nothing in this article shall be construed to supersede or preempt the rights, remedies and procedures afforded to school employees or labor organizations under Federal or State law or any provision of a collective bargaining agreement negotiated between a school employer and an exclusive representative of the employees in accordance with the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act.

Section 37.  Section 1607 of the act is amended by adding a subsection to read:

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

(b.3)  For a school district that eliminated its high school under subsection (b), if sufficient funds are available, the Secretary of Education shall establish a project team which shall conduct an assessment of the educational, financial, administrative and community impacts of consolidation of the school district with another school district. The following apply:

(1)  The assessment shall include a feasibility study to analyze consolidation with no less than three school districts identified by the Secretary of Education whose borders are no more than seven miles from the school district's border.

(2)  The feasibility study shall include a review of educational program offerings and services, facilities utilization and capital planning, fiscal analyses, governance and leadership structures, operational efficiencies and stakeholder considerations.

(3)  The school district that eliminated its high school under subsection (b) and the school districts identified by the Secretary of Education under paragraph (1) shall cooperate with the project team conducting the assessment.

(4)  The project team shall submit a report, including its findings and recommendations, to the Secretary of Education, the Education Committee of the Senate and the Education Committee of the House of Representatives.

* * *

Section 38.  The act is amended by adding a section to read:

Section 1617.  Free Application for Federal Student Aid.--(a)  Beginning with the 2026-2027 school year, prior to completing high school, a student who attends a school entity or nonpublic school in this Commonwealth, unless exempted under subsection (e), shall file a FAFSA with the United States Department of Education or submit an opt-out form in accordance with subsection (b).

(b)  The parent or legal guardian of a student or, if a student is at least eighteen years of age or legally emancipated, the student may opt out of filing the FAFSA under subsection (a) by completing and submitting to the school entity or nonpublic school an opt-out form developed by the department, in consultation with the agency. The opt-out form shall include the following information:

(1)  A statement that United States citizens are eligible for Federal financial aid.

(2)  A statement that the parent, legal guardian or student, as applicable, understands the purpose of the FAFSA and has chosen not to file the application.

(3)  A statement that submitting the FAFSA is optional and, if the parent, legal guardian or student submits the opt-out form, the student shall be exempt from the requirements of subsection (a).

(c)  The department shall make the opt-out form available to school entities and nonpublic schools and post the opt-out form on the department's publicly accessible Internet website.

(d)  A school entity or nonpublic school shall provide a copy of the opt-out form to parents, legal guardians and students.

(e)  If a FAFSA is not filed or opt-out form is not submitted on behalf of a student, the school entity or nonpublic school shall exempt the student from the provisions of subsection (a). Prior to making an exemption, the school entity or nonpublic school must make a reasonable effort to contact the parent or legal guardian of the student and provide the parent, legal guardian or student with information explaining the purposes of the FAFSA and the benefits available from completing the form.

(f)  No student shall be prevented from graduating or be penalized by the school entity or nonpublic school in any way for failing to complete the FAFSA or opt-out form.

(g)  The agency shall provide a school entity or nonpublic school with information indicating whether a student of the school entity or nonpublic school has completed the FAFSA, provided the agency has access to the information.

(h)  Nothing contained in this section shall be construed to require a parent, legal guardian or student to provide personal financial information to a school entity or nonpublic school or indicate a reason for not completing the FAFSA or opt-out form.

(i)  Personal financial information inadvertently obtained from a parent, legal guardian or student by a school entity or nonpublic school as a result of administering this section is not a public record 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)  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:

"Agency" shall mean the Pennsylvania Higher Education Assistance Agency.

"Department" shall mean the Department of Education of the Commonwealth.

"FAFSA" shall mean the Free Application for Federal Student Aid.

"Nonpublic school" shall mean a school, other than a public school within this Commonwealth, in which a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of this act and that meets the applicable requirements of Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. § 2000 et seq.).

"School entity" shall mean an area career and technical school, charter school, cyber charter school, regional charter school or school district.

Section 39.  Section 1604-A(b)(1) of the act is amended to read:

Section 1604-A.  Council Recommendations and Standards.--* * *

(b)  The association shall take all steps necessary to comply with the following standards:

(1)  Adopt and adhere to policies governing the conduct of open meetings that conform with the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings)[.] and that require all the open meetings to be live-streamed, and make a recording of an open meeting available no later than ten (10) days after the open meeting on the association's publicly accessible Internet website, free of charge, beginning January 1, 2026.

* * *

Section 40.  Section 1725.1-A of the act, added July 11, 2024 (P.L.618, No.55), is amended to read:

Section 1725.1-A.  Funding for Cyber Charter Schools.--(a)  There shall be no tuition charge for a resident or nonresident student attending a cyber charter school.

(b)  Notwithstanding [section 1725-A(a)(3)] section 1725-A(a)(2) and (3), per-student funding amounts for non-special education students and special education students attending a cyber charter school shall be calculated in accordance with this section and shall be paid by the school district of residence of each student.

(c)  Effective January 1, 2025, [and the entirety of each school year thereafter] through the end of the 2024-2025 school year, for special education students, a cyber charter school shall receive for each student enrolled the lesser of:

(1)  the amount calculated under section 1725-A(a)(3); or

(2)  the same funding as for each non-special education student as provided in section 1725-A(a)(2), plus an additional amount determined by dividing the district of residence's total special education expenditure by the school district of residence's total special education average daily membership for the prior school year.

(d)  For the 2024-2025 school year, the monthly payments for July through December for special education students shall be based upon the rate calculated under section 1725-A(a)(3) and the monthly payments for January through June for special education students shall be based upon the rate calculated in subsection (c).

(e)  For the 2025-2026 school year and each school year thereafter, for non-special education students, a cyber charter school shall receive for each student enrolled an amount calculated as follows:

(1)  The amount under section 1725-A(a)(2) adjusted as follows:

(i)  The budgeted expenditures of the school district shall include the following additional deductions: tuition paid to cyber charter schools for non-special education students; tax assessment and collection services; sixty per centum of student activities; and sixty per centum of operations and maintenance of plant services.

(ii)  The average daily membership of the school district for students enrolled in a cyber charter school shall be deducted from the average daily membership of the school district.

(2)  Multiply the amount determined under paragraph (1) by the following:

(i)  For a school district of the first class A, the lesser of one (1) or the amount determined under section 2502.56(d)(2)(ii) for the school district for the most recent year available as of the first day of June preceding the school year for which the per-student funding amounts apply.

(ii)  For all other school districts, one (1).

(f)  For the 2025-2026 school year and each school year thereafter, for special education students, a cyber charter school shall receive for each student enrolled the lesser of:

(1)  the same funding as for each non-special education student as provided in section 1725-A(a)(2), plus an additional amount determined by dividing the school district of residence's total special education expenditure by the school district of residence's total special education average daily membership for the prior school year; or

(2)  the amount determined under subsection (e) for the school district multiplied by one and eighty-nine hundredths (1.89).

(g)  Notwithstanding section 1725-A(a)(5), payments shall be made to the cyber charter school in twelve (12) equal monthly payments, by the fifth day of each month, within the operating school year. A student enrolled in a cyber charter school shall be included in the average daily membership of the student's school district of residence for the purpose of providing basic education funding payments and special education funding pursuant to Article XXV. If a school district fails to make a payment to a cyber charter school as prescribed in this subsection, the secretary shall deduct the estimated amount, as documented by the cyber charter school using the most recently available per-student amounts posted under section 1725-A(a)(7), from any and all State payments made to the district after receipt of documentation from the cyber charter school. The secretary shall not make a deduction on behalf of a cyber charter school unless the documentation from the cyber charter school uses the per-student amount that is posted under section 1725-A(a)(7). No later than October 1 of each year, a cyber charter school shall submit to the school district of residence of each student final documentation of payment to be made using the per-student amounts posted under section 1725-A(a)(7) and the average daily membership for the students enrolled in the cyber charter school from the school district for the previous school year. If a school district fails to make payment to the cyber charter school, the secretary shall deduct and pay the amount as documented by the cyber charter school using the per-student amounts posted under section 1725-A(a)(7) from any and all State payments made to the school district after receipt of documentation from the cyber charter school from the appropriations for the fiscal year in which the final documentation of payment was submitted to the school district of residence.

(h)  Notwithstanding section 1725-A(a)(6), not later than thirty (30) days after the secretary makes the deduction described in subsection (g), a school district may notify the secretary that the deduction made from State payments to the school district under this subsection is inaccurate. The secretary shall provide the school district with an opportunity to be heard concerning whether the cyber charter school documented that its students were enrolled in the cyber charter school, the period of time during which each student was enrolled, the school district of residence of each student and whether the amounts deducted from the school district were accurate.

Section 41.  Sections 1748-A(a) and (b) and 1748.1-A(a) of the act, amended or added July 11, 2024 (P.L.618, No.55), are amended and the sections are amended by adding subsections to read:

Section 1748-A.  Enrollment and notification.

(a)  Notice to school district.--

(1)  Within 10 days of the enrollment of a student to a cyber charter school, the parent or guardian and the cyber charter school shall notify the student's school district of residence of the enrollment through the use of the notification form under subsection (b).

(1.1)  The parent or guardian of a student enrolled in a cyber charter school shall also use the form developed under subsection (b) to submit continued proof of the student's residence to the cyber charter school and the student's school district of residence by November 1 and by March 1 of each school year. The notification form of a newly enrolled cyber charter student shall satisfy the first November 1 or March 1 notification deadline, whichever is sooner. A student identified as homeless under 42 U.S.C. § 11302 (relating to general definition of homeless individual) may not be required to submit the home address information required under subsection (b)(1) or (6).

(2)  If a school district [which has received notice under paragraph (1)] determines at any time that a student is not a resident of the school district, the following apply:

(i)  Within [seven] 10 days of receipt of the notice under paragraph (1), the school district shall notify the cyber charter school and the department that the student is not a resident of the school district. Notification of nonresidence shall include the basis for the determination.

(ii)  Within [seven] 10 days of notification under subparagraph (i), the cyber charter school shall review the notification of nonresidence[, respond to the school district and provide a copy of the response to the department. If the cyber charter school agrees that a student is not a resident of the school district, it shall determine the proper district of residence of the student before requesting funds from another school district.] and notify the school district and the department that the cyber charter school agrees with the school district's determination or does not agree with the school district's determination. If the cyber charter school disagrees with the school district's determination, the cyber charter school shall provide proof of residency as the basis of the determination. If the cyber charter school agrees that the student is not a resident of the school district, the cyber charter school shall determine the proper school district of residence for the student and request funds from that school district.

(iii)  Within [seven] 10 days of receipt of the response under subparagraph (ii), the school district shall notify the cyber charter school that it agrees with the cyber charter school's determination or does not agree with the cyber charter school's determination.

(iv)  A school district that has notified the cyber charter school that it does not agree with the cyber charter school's determination under subparagraph (iii) shall appeal to the department for a final determination.

(v)  All decisions of the department regarding the school district of residence of a student shall be subject to review by the Commonwealth Court.

(vi)  A school district shall continue to make payments to a cyber charter school under section 1725-A during the time in which the school district of residence of a student is in dispute.

(vii)  If a final determination is made that a student is not a resident of an appealing school district, the cyber charter school shall return all funds provided on behalf of that student during the period for which the student is not a resident of the school district to the school district within 30 days.

(a.1)  Employee report of nonresidency.--Notwithstanding any provision of the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law, or any other law to the contrary, if an employee of a cyber charter school makes a good faith report that a student does not reside within the school district that has received notice of the student's enrollment under subsection (a), a cyber charter school may not discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee makes a good faith report under this subsection.

(b)  Notification form.--The department shall develop a notification form, which may be electronic, for use under subsection (a). The notification shall include:

(1)  The name, home address and mailing address of the student.

(2)  The grade in which the student is being enrolled.

(3)  The date the student will be enrolled.

(4)  The name and address of the cyber charter school and the name and telephone number of a contact person able to provide information regarding the cyber charter school.

(5)  The signature of the parent or guardian and an authorized representative of the cyber charter school.

(6)  Proof of residency, which shall be a document containing the parent or guardian's name and address, on any of the following:

(i)  An active residential lease agreement or a mortgage statement no more than three months old.

(ii)  A bank statement no more than three months old or a utility or Internet bill no more than three months old.

(iii)  A tax bill no more than three months old.

(iv)  An insurance document no more than three months old.

(v)  Any other document determined acceptable by the department.

* * *

(d)  Penalty for falsifying reimbursement reports.--Any school administrator, employee or representative of a school district or cyber charter school who knowingly falsifies information submitted to a school district, cyber charter school or the department under this section shall be guilty of a misdemeanor of the third degree.

(e)  Construction.--Nothing in this section shall be construed to conflict or be inconsistent with section 1302 or 1302.1 or 42 U.S.C. Ch. 119 (relating to homeless assistance).

Section 1748.1-A.  Enrollee wellness checks.

(a)  Requirements.--A cyber charter school shall, at least once during any week consisting of at least three full or partial days of academic instruction, ensure that each enrolled student is [able to be] visibly seen and communicated with in real time by a teacher, administrator or other representative of the cyber charter school, either in person or via electronic means, in order to ensure the well-being of the student and verify participation in the educational program. The requirement under this subsection may be satisfied by students turning on a webcam during synchronous online instruction.

* * *

(c)  Wellness policy.--Each cyber charter school shall submit to the department a wellness check policy that demonstrates compliance with subsections (a) and (b).

(d)  Student verification.--The department may require proof of compliance with this section from a cyber charter school to ensure the well-being of a student enrolled in the cyber charter school and to verify attendance in the educational program.

(e)  Noncompliance.--Failure to comply with this section may result in the department taking the following actions:

(1)  Requiring the cyber charter school to report to the department the date, time and method of each wellness check for each student.

(2)  Mandating teachers, administrators and staff of the cyber charter school to complete child abuse recognition, prevention and reporting training annually.

(3)  Requiring the cyber charter school to meet in person with each student at least once during the school year following the school year in which the cyber charter school is out of compliance with this section.

(4)  Prohibiting a cyber charter school from being awarded a State grant by the department until the cyber charter school demonstrates compliance with subsections (a) and (b).

Section 42.  Section 1850.4(a) of the act is amended to read:

Section 1850.4.  Capital Reserve Fund for Approved Purchases of Equipment and Facility Maintenance.--(a)  Any area career and technical board shall have the power to create a special fund which may be designated as a capital reserve fund and to accumulate therein moneys to be expended, in accordance with the provisions of this section, during a period not to exceed [five] ten years from the date when the first payment was made into the fund, for the purpose of purchasing equipment or maintaining facilities.

* * *

Section 43.  Section 1855 of the act is amended by adding a subsection to read:

Section 1855.  Career and Technical Education Equipment Grants.--* * *

(f.1)  The Department of Education shall use data for the calculations required under this section based on the most recent years for which data is available, as determined by the Department of Education, and shall fix the data as of the first day of June preceding the school year in which the allocation occurs. If the data based on the first day of June is incorrect, the Department of Education shall revise the calculations accordingly.

* * *

Section 44.  Sections 1857 heading, (a), (d) introductory paragraph and (e) and 1858 heading, (a), (d) introductory paragraph and (e) of the act are amended to read:

Section 1857.  Cosmetology Training through Career and Technical Center [Pilot] Program.--(a)  The Cosmetology Training Through Career And Technical Center [Pilot] Program is established in the State Board of Cosmetology.

* * *

(d)  No later than June [30, 2023, and] 1 each year [thereafter through June 30, 2025], each CTC and secondary school participating in the [pilot] program shall report the following information to the State Board of Cosmetology on a form prescribed by the board:

* * *

[(e)  The pilot program under this section shall expire three years from the effective date of this section.]

* * *

Section 1858.  Barber Training through Career and Technical Center [Pilot] Program.--(a)  The Barber Training Through Career and Technical Center [Pilot] Program is established in the State Board of Barber Examiners.

* * *

(d)  No later than June [30, 2023, and] 1 each year [thereafter through June 30, 2025], each CTC and secondary school participating in the [pilot] program shall report the following information to the State Board of Barber Examiners on a form prescribed by the board:

* * *

[(e)  The pilot program under this section shall expire three years from the effective date of this section.]

* * *

Section 45.  The act is amended by adding an article to read:

ARTICLE XVIII-B

NURSING SHORTAGE ASSISTANCE PROGRAM

Section 1801-B.  Scope of article.

This article relates to the Nursing Shortage Assistance Program.

Section 1802-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.

"Applicant."  An entity that applies for a grant under section 1803-B.

"Critical access hospital."  A hospital that:

(1)  has qualified under section 1861(mm)(1) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1395x(mm)(1)) as a critical access hospital under Medicare; or

(2)  is a rural hospital licensed under section 808 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, that:

(i)  provides inpatient medical care and other related services for surgery, acute medical conditions or injuries;

(ii)  is located in a county of the sixth, seventh or eighth class that has no more than two medical assistance-enrolled general acute care hospitals;

(iii)  is located in a county that has greater than 17% of its population that are eligible for medical assistance or has greater than 10,000 persons eligible for medical assistance;

(iv)  has no more than 200 licensed and staffed beds; and

(v)  does not qualify as a critical access hospital under section 1861(mm)(1) of the Social Security Act as a critical access hospital under Medicare.

"Educational institution."

(1)  A community college operating under Article XIX-A.

(2)  A university within the State System of Higher Education.

(3)  The Pennsylvania State University.

(4)  The University of Pittsburgh.

(5)  Temple University.

(6)  Lincoln University.

(7)  Any other institution that is designated as State-related by the Commonwealth.

(8)  The Thaddeus Stevens College of Technology.

(9)  An accredited private or independent college or university.

(10)  A college established under Article XIX-G.

(11)  A private licensed school as defined in the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act.

"Hospital."  As defined in section 802.1 of the Health Care Facilities Act.

"Nursing degree."  A degree issued by an educational institution for completion of an accredited nursing program.

"Partner hospital."  A hospital that has entered into a contractual relationship with a qualified nursing servicer and meets all of the following:

(1)  Provides loan repayment assistance to nurses employed by the hospital.

(2)  Agrees to provide non-State sourced matching funds for nurse loan repayment assistance equal to at least 100% of the grant amount made available by the qualified nursing servicer.

"Program."  The Nursing Shortage Assistance Program established under section 1803-B.

"Qualified nursing servicer."  An entity that does all of the following:

(1)  Contracts with multiple educational institutions and hospitals in a manner that promotes greater access to education and career opportunities for prospective nursing students.

(2)  Maintains a place of business in this Commonwealth.

(3)  Contracts with multiple hospitals within this Commonwealth to coordinate agreements between prospective nursing students and hospitals in a manner that facilitates the repayment of student loan expenses incurred by the prospective nursing students.

(4)  Has contracted with a public educational institution in this Commonwealth to create new educational programs within the health sciences field.

(5)  Has more than two years of experience in supporting educational institutions, including support for at least 25 educational institutions through agreements with a total contract value greater than $1,000,000. Experience under this paragraph must include marketing, recruiting, student support, clinical placement, learning design and application of technology.

(6)  Does not:

(i)  provide student loans or engage in the origination of loans, including, but not limited to, serving as a loan originator or underwriter; or

(ii)  directly or indirectly hold, purchase or securitize any student loan instrument within the health sciences field.

"Recipient."  An applicant that has been awarded a grant under section 1803-B.

Section 1803-B.  Nursing Shortage Assistance Program.

(a)  Establishment.--The Nursing Shortage Assistance Program is established within the agency. The program shall provide grants to qualified nursing servicers to assist nursing students with securing postgraduation employment and the repayment of student loan expenses incurred while obtaining a degree in nursing.

(b)  Application.--A qualified nursing servicer may apply to the agency for a grant under this section. The application shall be in a form and manner determined by the agency, which, at a minimum, shall include all of the following:

(1)  The name and address of the applicant.

(2)  The name and address of the partner hospital that is providing employment opportunities to prospective nurses.

(3)  The number of prospective nurses that will receive loan repayments from the grant if awarded to the qualified nursing servicer.

(c)  Awarding of grants.--

(1)  All applications received during an application period shall be reviewed and evaluated by the agency. In awarding a grant under this section, the agency shall consider all of the following:

(i)  The number of timely and complete applications received by the agency during the application period.

(ii)  The anticipated number of students that would receive loan repayments under the grant application.

(iii)  The anticipated number of students of each nursing degree type that would receive loan repayments under the grant application.

(iv)  The anticipated geographic distribution of students receiving loan repayments under the grant application.

(v)  The anticipated number of applications for students at critical access hospitals.

(vi)  The plans for ongoing support to maximize the chances of success for the nurses once employed.

(vii)  The ability of the qualified nursing servicer to develop new or expanded programs within the health sciences field at eligible education institutions.

(viii)  The ability of the qualified nursing servicer to provide marketing, recruitment, student support, clinical placement, learning design and technology support to a participating educational institution.

(2)  Upon determining that the applicant has met all program requirements, the agency may approve a grant application.

(d)  Grant agreements.--If the agency approves an application under subsection (c), the agency and the recipient shall enter into a grant agreement, which, at a minimum, shall include all of the following:

(1)  The name and address of the partner hospital that is partnering with the recipient to administer the program funded under the grant.

(2)  The number of prospective nurses that will receive loan repayment assistance under the grant.

(3)  A commitment by the partner hospital to use all matching funds first before applying State grant funds when providing loan repayment assistance to nurses who become employees of the partner hospital.

(e)  Award.--Upon execution of the grant agreement required by subsection (d), the agency shall award the applicant a grant.

Section 1804-B.  Restrictions.

(a)  Limitations.--The following limitations shall apply to grant funds awarded under section 1803-B:

(1)  A qualified nursing servicer shall use awarded funds for the purpose of this article.

(2)  A subgrantee partner hospital shall use all available matching funds before utilizing grant funds for nurse loan repayment assistance.

(3)  An individual nurse employed by a partner hospital may not receive more than $10,000 per year, or $30,000 in the aggregate, of grant money for loan repayment assistance for a degree in nursing.

(4)  A commitment by the nurse to maintain employment at a hospital located in this Commonwealth for a minimum of three years after the loan repayment assistance is awarded. If a nurse breaches the agreement, the loan repayment assistance shall be prorated.

(5)  Loan repayment assistance received by the individual nurse shall not be considered taxable income for purposes of Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(b)  Reimbursement of administrative costs.--The agency may use up to 10% of money, available for the purpose of this article, for payment to a qualified nursing servicer for administrative costs.

(c)  Unencumbered funds.--The recipient shall return to the Commonwealth any grant funds that remain unencumbered after three years.

Section 1805-B.  Agency guidelines, application period and grant awards.

(a)  Written guidelines.--Within 30 days of the effective date of this subsection, the agency shall develop written guidelines for the implementation of this article.

(b)  Application period.--In any fiscal year in which funds are made available for the program, the agency shall open an application period of not more than 30 days to receive applications under section 1803-B.

(c)  Grant awards.--For the fiscal year beginning July 1, 2025, the agency shall make grant awards under section 1803-B within 30 days of the close of the application period for that fiscal year.

Section 1806-B.  Reports.

(a)  Reports to the agency.--Each qualified nursing servicer shall submit an annual report to the agency summarizing the effectiveness of the qualified nursing servicer's program, which shall include:

(1)  the names of educational institutions and partner hospitals contacted for program participation, including a designation of whether the institution or hospital is new to, or a continuing participant in, the program; and

(2)  a breakdown by category, in a manner as prescribed by the agency, of the program costs expended by the qualified nursing servicer.

(b)  Reports to the General Assembly.--No later than December 31, 2026, and each year thereafter, the agency shall submit a report to the General Assembly summarizing the effectiveness of the grants provided by this article. The report shall include the names of all partner hospitals involved in the program as of the date of the report and the number of nurses that receive loan repayment assistance under the program. The report shall be submitted to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives.

Section 46.  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:

* * *

(xxi)  For fiscal year 2025-2026, each community college shall receive an amount equal to the following:

(A)  An amount equal to the reimbursement received in fiscal year 2024-2025 under subclauses (xix)(A) and (C) and (xx).

(B)  An amount equal to the economic development stipend received in fiscal year 2024-2025 under subclause (xix)(B).

* * *

Section 47.  The definition of "merit scholarship" in section 2001-A of the act, amended July 17, 2024 (P.L.945, No.89), is amended and the section is amended by adding a definition to read:

Section 2001-A.  Definitions.--The following words and phrases when used in this article shall, for the purpose of this article, have the following meanings, respectively, except in those instances where the context clearly indicates a different meaning:

* * *

["Merit scholarship" shall mean the waiver of an amount equal to the differential between tuition for a resident and nonresident student.]

* * *

"Tuition waiver" shall mean the waiver of an amount equal to the differential between tuition for a resident and nonresident student.

* * *

Section 48.  Section 2022-A heading, (a), (b) introductory paragraph and (5), (c), (d), (g)(1), (j), (k) and (n) of the act, added July 17, 2024 (P.L.945, No.89), are amended to read:

Section 2022-A.  Grow Pennsylvania [Merit Scholarship] Tuition Waiver Program.--(a)  Beginning with the class of first-time freshmen enrolling for the 2025-2026 academic year, the agency, in conjunction with the system, shall administer a program, which is established and shall be known as the Grow Pennsylvania [Merit Scholarship] Tuition Waiver Program. The agency shall award [merit scholarships] tuition waivers to eligible nonresident students.

(b)  To be eligible for receipt of a [merit scholarship] tuition waiver, an eligible nonresident student must:

* * *

(5)  Enter into a written agreement with the agency to:

(i)  Satisfy all degree requirements and other requirements of this section.

(ii)  [Commence] Reside and commence employment in this Commonwealth within one year after completion of an approved course of study culminating in a bachelor's or associate's degree. The employment must be in an in-demand [occupations] occupation, as determined by the agency, for a period of twelve months [of] for each academic year the student received a [merit scholarship] tuition waiver, unless the agency determines that there are extenuating circumstances. If the agency determines that there are no extenuating circumstances, residency and employment in this Commonwealth must be maintained for the duration of the qualifying employment.

(iii)  Reimburse the agency the aggregate amount of a [scholarship] tuition waiver received, including interest, under this section if the student [breeches] breaches the agreement. For a student who partially satisfies the work requirement, the agency shall prorate the required reimbursement. Any interest charged may not be more than the three-month U.S. Treasury bill rate.

(c)  The agency shall:

(1)  Develop guidelines, including instructions for how a nonresident student may apply for a [merit scholarship] tuition waiver and how institutions may receive [merit scholarship] tuition waiver funds from the agency for [scholarship] tuition waiver recipients.

(2)  Monitor and verify a student's compliance with the agreement and enforce loan repayment of all [merit scholarships] tuition waivers for a student who does not comply with the provisions of this section, including use of lawful collection procedures.

(d)  A [merit scholarship] tuition waiver shall be for a maximum of four academic years or the completion of a bachelor's degree, whichever occurs first.

* * *

(g)  Nothing in this subsection shall be construed to:

(1)  Change a student's eligibility for a [merit scholarship] tuition waiver if the student terminates enrollment in one approved course of study and enrolls in a different approved course of study at the same institution or another institution.

* * *

(j)  In any year when fewer than three hundred (300) [merit scholarships] tuition waivers are awarded, the Commonwealth shall pay to the system in the subsequent year the following amount:

(1)  Subtract the number of [merit scholarships] tuition waivers awarded from three hundred (300).

(2)  Multiply the sum in paragraph (1) by the differential between tuition for a resident and nonresident student.

(k)  A [merit scholarship] tuition waiver received by a student shall not be considered taxable income for purposes of Article III of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

* * *

(n)  The agency, in consultation with the system, shall prepare and submit to the Governor, the General Assembly and the secretary [no later than December 31, 2025, and each December 31 thereafter, a] an annual report detailing the operation of the program each year. The report shall, at a minimum, include:

(1)  A list of the in-demand occupations for which [merit scholarships] tuition waivers may be sought.

(2)  The number of [merit scholarship] tuition waiver applicants.

(3)  The number of [merit scholarships] tuition waivers awarded to students.

(4)  The number of [merit scholarships] tuition waivers awarded by approved course of study.

(5)  The number of [merit scholarships] tuition waivers awarded by institution.

(6)  The average amount of the [merit scholarship] tuition waiver.

(7)  The number of [merit scholarship] tuition waiver recipients that are employed and meeting the work requirement under subsection (b)(5).

(8)  The number of [merit scholarship] tuition waiver recipients that have not met the work requirement.

(9)  The amount of money reimbursed to the agency by [merit scholarship] tuition waiver recipients that have not met the work requirement.

Section 49.  Section 2006-B(a)(1) of the act, amended July 11, 2024 (P.L.618, 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 [$540,000,000] $590,000,000 in a fiscal year. The following shall apply:

(i)  No less than $375,000,000 of the total aggregate amount shall be used to provide tax credits for contributions from business firms to scholarship organizations.

(ii)  No less than $74,500,000 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 $30,500,000 in a fiscal year.

(iv)  No less than [$60,000,000] $110,000,000 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.

* * *

Section 50.  Section 2006-H(a) and (c) of the act, added July 17, 2024 (P.L.818, No.69), are amended to read:

Section 2006-H.  Exit counseling.

(a)  General rule.--[Unless an individual selects not to participate, each] Each institution of higher education that receives information regarding Federal education loans or other student loans that may require repayment for a student enrolled at the institution of higher education shall make financial aid counseling available to each student at the end of the student's final academic term, unless the individual selects not to participate.

* * *

(c)  Counseling for students who transfer or withdraw.--With respect to a student who leaves an institution of higher education without the knowledge of the institution or transfers to another institution, the institution shall attempt to make financial aid counseling available to the student[.] unless the student has Federal education loans or other student loans known to the institution of higher education that do not require repayment. If the institution is unable to get in contact with the student, the institution shall mail the information described in subsection (b) in writing to the student at the last known address on file.

* * *

Section 51.  Section 2002-I of the act is repealed:

[Section 2002-I.  State-related university performance-based funding model.

(a)  Duty of commission.--Beginning January 23, 2023, the commission shall develop a performance-based funding model no later than June 15, 2023, to distribute State funding to the State-related universities. A performance-based funding model may include a base funding amount and minimum eligibility thresholds to evaluate achievement of performance-based metrics. The commission may include the following metrics in the model:

(1)  The four-year graduation rate for baccalaureate students.

(2)  The four-year graduation rate for first-time-in-college students.

(3)  The six-year graduation rate for students who are awarded a Pell Grant in their first year.

(4)  The percentage of undergraduate students enrolled who received a Pell Grant during the previous school year.

(5)  Student retention rates.

(6)  Bachelor's degree production.

(7)  Net tuition and fees per 120 credit hours.

(8)  Postgraduation employment rates and salaries, including wage thresholds, that reflect the added value of a baccalaureate degree.

(9)  The number and percentage of students enrolled, and degrees attained in fields determined to be of importance to this Commonwealth by the commission.

(10)  The number and percentage of high school students who are dual-enrolled and the number of credits earned.

(11)  The percentage of credits articulated.

(12)  Other metrics listed in section 2001-I(h), or as determined by the commission.

(b)  Other considerations.--As part of the development of the performance-based funding model, the commission may consider the following:

(1)  Adjusting a performance-based funding incentive payment if a State-related university fails to meet the minimum eligibility thresholds.

(2)  Establishing an improvement plan to assist a State-related university to make satisfactory progress toward meeting the minimum eligibility thresholds.

(3)  A process to award or redistribute money for meeting the minimum eligibility thresholds and rewarding institutional excellence.

(c)  Effective date of the performance-based funding model.--The performance-based funding model developed by the commission shall not go into effect unless the model is approved by an act of the General Assembly enacted after the effective date of this section.

(d)  Level of State funding.--The General Assembly shall, through the annual nonpreferred appropriations process, determine the level of State funding for a State-related university.

(e)  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:

"Base State funding."  The minimum amount of funding, as recommended by the commission, to be appropriated to each State-related university for the 2023-2024 fiscal year.

"Commission."  The Public Higher Education Funding Commission established under section 2001-I.

"Institutional investment."  A reallocated percentage of the base State funding.

"Performance-based funding incentive payment."  Consists of the following:

(1)  Institutional investment.

(2)  State investment for excellence.

"State investment for excellence."  An amount appropriated by the General Assembly that exceeds the base State funding and is used to reward excellence as measured by the performance-based funding metrics determined by the commission.

"State-related university."  The Pennsylvania State University, the University of Pittsburgh and Temple University and associated branch campuses.]

Section 52.  Section 2003-I(a) and (d) of the act are amended to read:

Section 2003-I.  Prohibition on scholarship displacement at public institutions of higher education.

(a)  General rule.--A public institution of higher education may reduce a student's institutional financial aid as a result of the awarding of [private] scholarships to the student only under the circumstances enumerated in subsections (b) and (c).

* * *

(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:

"Cost of attendance."  The average annual cost for a student to attend a college or university, including tuition and fees, room and board, books, supplies and other expenses and is used to calculate financial aid of an eligible student under Title IV of the Higher Education Act of 1965 (Public Law 89-329, 20 U.S.C. § 1070 et. seq.).

"Institutional financial aid."  The sum of all need-based and merit-based grants, scholarships, tuition waivers and all other forms of financial assistance provided to a student by a public institution of higher education that are not loans or work-study programs.

["Private scholarship."  A scholarship awarded by a business, private foundation, nonprofit organization or service group. The term does not include an award funded by a private organization which is affiliated with a public institution of higher education and requests the public institution of higher education's assistance in selecting the recipient of the award.]

"Public institution of higher education."  Any of the following:

(1)  A community college operating under Article XIX-A.

(2)  A rural regional college established under Article XIX-G.

(3)  A university within the State System of Higher Education under Article XX-A.

(4)  A State-related institution as defined in section 2001-C.

(5)  The Thaddeus Stevens College of Technology.

(6)  The Pennsylvania College of Technology.

"Scholarship."

(1)  The term includes:

(i)  A scholarship awarded by a business, private foundation, nonprofit organization or service group.

(ii)  A tuition waiver under section 2022-A.

(iii)  A grant under Subarticle D of Article XX-L.

(2)  The term does not include an award funded by a private organization that is affiliated with a public institution of higher education and requests the public institution of higher education's assistance in selecting the recipient of the award.

"Student."  An individual enrolled at a public institution of higher education.

Section 53.  The act is amended by adding sections to read:

Section 2005-I.  Cooperation.

(a)  Interinstitutional cooperation authorized.--

(1)  Notwithstanding 22 Pa.C.S. § 501(c) (relating to appointment by nonprofit corporations), two or more independent institutions of higher education may jointly cooperate in the exercise or in the performance of their respective functions, powers or responsibilities as it relates to university campus police or public safety officers.

(2)  For the purpose of carrying out this section, the independent institutions of higher education cooperating to provide shared campus police or public safety officers services shall enter into any joint agreements as may be deemed appropriate for those purposes.

(b)  Interinstitutional governmental cooperation.--An independent institution of higher education, by an act of its governing body, may cooperate or agree in the exercise of any function, power or responsibility as it relates to university campus police or public safety officers with, or delegate or transfer any function, power or responsibility of its university campus police or public safety officer to, one or more other independent institutions of higher education.

(c)  Effect of joint cooperation agreements.--Any joint cooperation agreement shall be deemed in force when the agreement has been adopted by resolution of the governing bodies of all cooperating independent institutions of higher education. After adoption by all cooperating independent institutions of higher education, the agreement shall be binding and its covenants may be enforced by appropriate remedy by any one or more of the independent institutions of higher education against any other independent institutions of higher education which is a party to the agreement.

(d)  Recognition by Commonwealth departments and agencies.--All Commonwealth agencies in the performance of their administrative duties shall deem a consortium-similar entity established by two or more independent institutions of higher education under this section as a legal entity.

(e)  Limitations.--

(1)  Any joint agreement entered into under the provisions of this section shall not supersede, void or replace any labor agreement between an independent institution of higher education and its campus police or public safety officers.

(2)  Any joint agreement entered into under this section shall not be in effect during any labor dispute or labor strike impacting campus police or public safety officers for the independent institutions of higher education subject to the joint agreement.

(3)  Any joint agreement entered into under this section shall become null and void if an independent institution of higher education, subject to the agreement, reduces its campus police or public safety officer complement by more than 25%.

(f)  Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Commonwealth agency."  A department, board, commission or any other agency or office of the Commonwealth under the jurisdiction of the Governor.

"Independent institution of higher education."  An institution of higher education operated not for profit, located and incorporated or chartered by the Commonwealth and entitled to confer degrees as provided in 24 Pa.C.S. § 6505 (relating to power to confer degrees) and which applies to itself the designation "college" or "university" as provided for by the standards and qualifications prescribed by the State Board of Education under 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries).

Section 2006-I.  State scholarship renewals.

(a)  Establishment.--Notwithstanding the limits on scholarship renewals in section 8(a) of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law, the Pennsylvania Higher Education Assistance Agency shall establish a three-year State Scholarship Extension Pilot Program. No more than 50 students per year may participate in the pilot program.

(1)  Institutions of higher education that have students who participate in the pilot program may renew a State scholarship beyond the scholarship's renewal limit if the renewal is made pursuant to the State Scholarship Extension Pilot Program, as authorized by the Board of Directors of the Pennsylvania Higher Education Assistance Agency.

(2)  Participating students in the pilot program as authorized by this section must attend an institution of higher education domiciled and headquartered in this Commonwealth as determined by the agency.

(b)  (Reserved).

Section 54.  Section 2011-L(c)(6) of the act, added July 17, 2024 (P.L.818, No.69), is amended to read:

Section 2011-L.  Powers and duties of State Board of Higher Education.

* * *

(c)  Duties.--The board shall perform all duties appropriate to carry out and effectuate the board's purposes under this article, including, but not limited to:

* * *

[(6)  Establish the council to carry out the purposes of Subarticle C.]

* * *

Section 55.  Section 2031-L of the act is amended by adding definitions to read:

Section 2031-L.  Definitions.

The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Council."  The Performance-based Funding Council established and reconstituted under section 2032-L.

"Department."  The Department of Education of the Commonwealth.

"Fund."  The State-related University Performance Fund established under section 2034-L.

"High-demand degree."  A bachelor's degree that is aligned with the in-demand occupations in the Grow Pennsylvania Scholarship Grant Program under Subarticle D.

"Higher education price index."  The average total cost of attendance for colleges and universities nationally, determined by the council in consultation with the department, using publicly available data, including information published by the CommonFund Institute.

"Low-matriculation high school."  A public high school in this Commonwealth determined to have a college matriculation rate less than or equal to 40%.

"Short-term workforce demand projection."  The sum of all Statewide short-term projected job openings, as published by the Department of Labor and Industry, in occupations that require at least a bachelor's degree and align with the in-demand occupations in the Grow Pennsylvania Scholarship Grant Program under Subarticle D.

* * *

Section 56.  Section 2032-L(a), (c), (d), (e), (i) and (l) of the act, added July 17, 2024 (P.L.960, No.90), are amended and the section is amended by adding subsections to read:

Section 2032-L.  Performance-based Funding Council.

(a)  Purpose.--The Performance-based Funding Council [is established and] shall [develop]:

(1)  Develop a process to distribute funding to the State-related universities. The process shall utilize performance-based metrics designed to increase degree attainment, encourage affordability in higher education, meet workforce needs and grow the economy.

(2)  Oversee the performance-based funding formula by assigning performance goals and weights.

(3)  Make legislative recommendations to the Governor and the General Assembly regarding the performance-based funding formula.

(a.1)  Establishment and reconstitution.--

(1)  The Performance-based Funding Council is established.

(2)  The council shall be reconstituted on the effective date of this subsection.

* * *

(c)  Membership.--

(1)  The council shall consist of voting members appointed under paragraph (2) and nonvoting members, who shall serve in an advisory role, described under paragraph (3).

(2)  The voting members of the council shall consist of the following members [of the State Board of Higher Education under section 2010-L(c)]:

(i)  The Secretary of Education [appointed under section 2010-L(c)(1)] or a designee who is a deputy secretary of the department.

(ii)  One member of the Senate appointed by the President pro tempore of the Senate [appointed under section 2010-L(c)(3)].

(iii)  One member of the Senate appointed by the Minority Leader of the Senate [appointed under section 2010-L(c)(4)].

(iv)  One member of the House of Representatives appointed by the Speaker of the House of Representatives [appointed under section 2010-L(c)(5)].

(v)  One member of the House of Representatives appointed by the Minority Leader of the House of Representatives [appointed under section 2010-L(c)(6)].

(3)  The nonvoting members of the council shall be:

(i)  The President of The Pennsylvania State University or a designee.

(ii)  The Chancellor of the University of Pittsburgh or a designee.

(iii)  The President of Temple University or a designee.

(c.1)  Term.--Voting members of the council appointed under subsection (c)(2)(ii), (iii), (iv) and (v) shall serve a term of office coterminous with the respective elective term of the members of the General Assembly. The Secretary of Education shall serve as long as the Secretary of Education is in office.

(d)  Chairperson.--The voting members of the council shall appoint a member to serve as the chairperson. The council shall vote not later than every 24 months to appoint a member to serve as chairperson.

(e)  Council meetings.--The meetings of the council shall be [held bimonthly and] at the call of the chairperson as necessary and shall be conducted in accordance with the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).

* * *

(h.1)  Administrative support.--The General Assembly and the department shall provide administrative support for the council.

(i)  Powers and duties.--The council [shall]:

(1)  [Consult] May consult with Commonwealth agencies and experts to assist in carrying out the duties of this section.

(2)  [Hold] May hold public hearings at [each one of the State-related universities and receive input from experts and interested parties, including parents and students.] the call of the chair to receive input from experts and interested parties.

(3)  [Develop] Shall develop recommendations for a process that utilizes performance-based metrics to distribute funding.

(4)  [No] Shall, no later than [April 30, 2025,] May 5, 2025, transmit the recommendations to the Governor, the board, the department and the General Assembly, including draft legislation to implement the process to distribute funding.

(5)  Shall annually assign performance goals and weights under section 2035-L for the performance-based funding formula.

* * *

(l)  [Dissolution and reconstitution.--

(1)  Upon transmittal of the report under subsection (i)(4), the council shall dissolve until reconstituted under paragraph (2).

(2)  The board shall reconstitute the council every five years to reevaluate the performance metrics utilized for the distribution of funds to State-related universities.] (Reserved).

(m)  Workforce outcomes.--

(1)  The Department of Labor and Industry and the department shall develop an analysis on postsecondary graduate employment outcomes for State-related universities, including earnings and employment outcomes for graduates by degree level, degree major and state in which an individual is employed.

(2)  The council shall consider the information and analysis on postsecondary graduate employment outcomes as part of future recommendations by the council relating to improvement and affordability under section 2035-L(f).

Section 57.  Section 2033-L of the act, added July 17, 2024 (P.L.960, No.90), is amended to read:

Section 2033-L.  Public institution of higher education reporting.

(a)  Requirements.--Notwithstanding any other provision of law, the following information shall be reported, including disaggregated data sets for resident students, nonresident students, undergraduate students and graduate students, to the department by public institutions of higher education:

(1)  Student enrollment[, including in-State and out-of-State students,] disaggregated by demographics, enrollment status and degree type [and level].

(2)  Students reaching 30, 60, 90 and 120 credit hour thresholds.

(3)  Students completing credentials, including credentials aligned to high-priority occupations.

(4)  Students included in priority populations, including low-income students, underrepresented minority students and academically unprepared students.

(4.1)  For State-related universities, performance metrics data under section 2034-L.

(5)  Any other data required by the department, including data related to the metrics under section 2032-L.

(b)  Transmittal.--

(1)  A public institution of higher education shall report information required under this section to the department in a manner and form prescribed by the department.

(2)  Each State-related university shall annually transmit data to the department no later than March 1, 2026, and each February 1 thereafter. The department shall transmit data to the council in a timely manner.

(c)  Submission.--The system may submit the information required under this section on behalf of the State-owned universities.

(d)  Exclusion.--The provisions of section 118 shall not apply to any data required under this section.

(e)  Data sharing.--

(1)  The department may share data collected under this section with the board [and the council].

(2)  The department shall share data collected under this section with the council.

(3)  The following shall apply to confidential data shared under this subsection:

(i)  Within 120 days of the effective date of this subparagraph, the department shall enter into a data use agreement with the council. The data use agreement shall include terms to ensure that the data is kept confidential and secure and remain confidential in accordance with the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and other applicable laws governing data sharing.

(ii)  The department shall enter into a data use agreement with the board prior to sharing data under paragraph (1) and include the same terms in subparagraph (i).

(iii)  The department may utilize a disclosure method to protect student privacy to prevent the identification of students.

(f)  Definition.--As used in this section, the term "student" means an individual who attends an institution of higher education, whether enrolled on a full-time, part-time, degree-seeking, non-degree-seeking, credit or noncredit basis.

(g)  Construction.--Nothing in this section shall be construed to limit the obligations of a State-related university to provide data or other information to the department or the General Assembly as required by law.

Section 58.  The act is amended by adding sections to read:

Section 2034-L.  State-related University Performance Fund.

(a)  Establishment.--The State-related University Performance Fund is established in the State Treasury.

(b)  Composition.--The fund shall consist of money appropriated or transferred to the fund and all interest earnings received from investment of money in the fund.

(c)  Appropriations.--Money in the fund shall not be appropriated except in accordance with section 30 of Article III of the Constitution of Pennsylvania.

(d)  Payments.--The Commonwealth shall pay, on an equal monthly basis during the fiscal year, money from the fund as provided under subsection (c) to each State-related university in the amount calculated under section 2035-L for that fiscal year.

(e)  Remaining balance.--Any available balance in the fund not awarded by the allocation under section 2035-L during a fiscal year may not be expended in that fiscal year but shall remain in the fund for appropriation under subsection (c) in a subsequent fiscal year.

Section 2035-L.  Performance-based funding formula.

(a)  Findings and declarations.--The General Assembly finds and declares that the performance-based funding formula is the result of the work of the council.

(b)  Student-weighted count.--

(1)  No later than June 1, 2026, and each June 1 thereafter, the council shall assign weights to the following categories of in-State students in a State-related university:

(i)  Full-time, fall undergraduate students.

(ii)  Students who have received a Pell Grant.

(iii)  Students who transferred from a community college.

(iv)  Students from a low-matriculation high school.

(v)  Students who earned a high-demand degree.

(vi)  Students who have earned 60 credits by the start of their third year.

(2)  Using the categories of students and the weights assigned by the council under paragraph (1), the department shall annually calculate the student-weighted count using the most recent data available for each State-related university.

(c)  Maximum performance allocation.--

(1)  No later than June 1, 2026, and each June 1 thereafter, the council shall assign:

(i)  A proportion between 0 and 1 of the maximum allocation that is based upon an equal share between each State-related university.

(ii)  A proportion between 0 and 1 of the maximum allocation that is based upon each State-related university's share of the total student-weighted count determined under subsection (b)(2).

(iii)  The sum of the assigned proportions under subparagraphs (i) and (ii) shall equal 1.

(2)  The department shall annually calculate the maximum performance allocation for each State-related university as follows:

(i)  Multiply the amount available in the fund by 0.95.

(ii)  Multiply the product determined in subparagraph (i) by the proportion determined under paragraph (1)(ii).

(iii)  Divide the State-related university's student-weighted count calculated under subsection (b)(2) by the sum of the student-weighted count for all State-related universities calculated under subsection (b)(2).

(iv)  Multiply the product determined under subparagraph (ii) by the quotient determined under subparagraph (iii).

(v)  Multiply one-third by the proportion determined under paragraph (1)(i).

(vi)  Multiply the product in subparagraph (i) by the product in subparagraph (v).

(vii)  Add the products in subparagraphs (iv) and (vi).

(d)  Performance metrics and goals.--

(1)  The State-related university's performance allocation under subsection (e) shall be calculated based on performance across the following metrics:

(i)  Four-year graduation rates for in-State, undergraduate students.

(ii)  Six-year graduation rates for in-State, undergraduate students.

(iii)  Six-year graduation rates for in-State, Pell-Grant-recipient undergraduate students.

(iv)  High-demand degree production for in-State undergraduate students.

(2)  No later than June 1, 2026, and each June 1 thereafter, the council shall assign weights to each of the performance metrics under paragraph (1) for the purpose of calculating each State-related university's progress toward the State-related university's goal.

(3)  No later than June 1, 2026, and each June 1 thereafter, the council shall adopt a goal rate for each performance metric under paragraph (1).

(4)  The high-demand degree production goal for each State-related university shall be assigned by the council as follows:

(i)  A high-demand degree production target rate shall be determined as a proportion between 0 and 1.

(ii)  Divide a State-related university's total bachelor's degrees awarded for the most recent year available by the Statewide bachelor's degrees awarded for the most recent year available.

(iii)  Multiply the quotient in subparagraph (ii) by the short-term workforce demand projection.

(iv)  Multiply the product in subparagraph (iii) by the proportion in subparagraph (i).

(e)  Performance allocation.--

(1)  The department shall calculate the progress toward the goal for each State-related university as follows:

(i)  For the performance metrics in subsection (d)(1)(i), (ii) and (iii), divide the current rate of each metric for the most recent year available by each metric's respective goal rate as determined in subsection (d)(3).

(ii)  For the metric in subsection (d)(1)(iv), divide the number of high-demand degrees for the most recent year available by the product in subsection (d)(4)(iv).

(iii)  Calculate the average of the quotients in subparagraphs (i) and (ii).

(2)  The department shall calculate the performance allocation for each State-related university by multiplying the State-related university's maximum performance allocation determined under subsection (c)(2) by the State-related university's progress toward the goal determined under paragraph (1).

(f)  Improvement and affordability allocation.--

(1)  The department shall annually calculate the total amount available for the improvement and affordability allocation by multiplying the amount in the fund by 0.05.

(2)  The department shall annually calculate an improvement bonus for each State-related university as follows:

(i)  Add the positive percentage point increases in the rates of the performance metrics in subsection (d)(1)(i), (ii) and (iii) from the most recent year of data available compared to the prior year.

(ii)  Subtract the high-demand degrees awarded for the prior year from the high-demand degrees awarded for the most recent year data is available.

(iii)  Divide the difference in subparagraph (ii) by the high-demand degrees awarded for the prior year.

(iv)  Determine the greater of the quotient found in subparagraph (iii) or zero.

(v)  Add the amounts in subparagraphs (i) and (iv).

(3)  No later than June 1, 2026, and each June 1 thereafter, the council shall annually assign a percentage point affordability bonus for each State-related university on the basis that the State-related university maintains the percentage increase in their total cost of attendance for the current year over the prior year by an amount less than the percentage increase in the higher education price index for the most recent year available.

(4)  The improvement and affordability allocation for each State-related university shall be calculated by the department as follows:

(i)  Add the amounts in paragraph (2)(v) for each State-related university.

(ii)  Add the amounts in paragraph (3) for each State-related university.

(iii)  Add the sums in subparagraphs (i) and (ii).

(iv)  Add the sum in paragraph (2)(v) for the State-related university to the amount in paragraph (3) for the State-related university.

(v)  Divide the sum in subparagraph (iv) for the State-related university by the sum in subparagraph (iii).

(vi)  Multiply the quotient in subparagraph (v) by the amount available for the improvement and affordability allocation under paragraph (1).

Section 2036-L.  Public accountability.

(a)  Goals and weights.--After the council assigns the performance goals and weights under section 2035-L, the chair of the council shall transmit the performance goals and weights to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

(b)  Public posting.--The department and each State-related university shall post on the publicly accessible Internet website of the department and each State-related university the following:

(1)  The current year data for each of the metrics included in the student-weighted count and each metric included as a performance metric under section 2035-L.

(2)  The performance goals and weights assigned by the council and published in the Pennsylvania Bulletin for the performance metrics.

Section 59.  Section 2052-L(2), (4)(v)(B) and (C) and (5) of the act, added July 17, 2024 (P.L.945, No.89), are amended and the section is amended by adding a paragraph to read:

Section 2052-L.  Agency duties.

The agency shall:

* * *

(2)  Use money appropriated for the purpose of awarding grants[.], except that the agency may use up to 5% of money appropriated for the purpose of administrating, implementing and servicing costs associated with the program.

* * *

(4)  Establish eligibility criteria in order for a student to receive a grant. The criteria shall, at a minimum, include that a student must:

* * *

(v)  Enter into a written agreement with the agency to:

* * *

(B)  [Commence] Reside and commence employment in this Commonwealth within one year after completion of an approved course of study culminating in a bachelor's or associate's degree. The employment must be in an in-demand occupation, as determined by the agency, for a period of 12 months for each academic year the student received a grant, unless the agency determines that there are extenuating circumstances. If the agency determines that there are no extenuating circumstances, residency and employment in this Commonwealth must be maintained for the duration of the qualifying employment.

(C)  Reimburse the Commonwealth the aggregate amount of a scholarship, including interest, received under this subarticle if the student fails to comply with clauses (A) and (B). For a student who partially satisfies the work requirement, the agency shall prorate the required reimbursement.

(5)  Monitor and verify a student's compliance with the agreement and enforce loan repayment of all grants for a student who does not comply with the provisions of this section, including use of all lawful collection procedures. Nothing under this paragraph shall be construed to require an institution of higher education to enforce any provision of this subarticle relating to repayment of funds for failure to comply with the provisions of this section.

* * *

(7)  Not charge more than the three-month U.S. Treasury bill rate for interest on any repayment under paragraph (4)(v)(C).

Section 60.  Sections 2054-L, 2062-L introductory paragraph and 2204-B(b)(1) of the act, amended or added July 17, 2024 (P.L.945, No.89), are amended to read:

Section 2054-L.  Grant priority.

The agency shall:

(1)  Establish a process for accepting and reviewing applications. The process shall ensure applications which meet the eligibility criteria and are complete will be awarded in the order received by the agency. [The following shall apply:

(i)  For the 2024-2025 school year, applications shall open no earlier than September 15.

(ii)  For the 2025-2026 school year and each school year thereafter, applications shall open as follows:

(A)  For the spring term, no earlier than September 15.

(B)  For the fall term, no earlier than February 15.]

(2)  Give renewal applicants the opportunity of first priority in awarding grants for their renewal applications.

Section 2062-L.  Report.

The agency shall prepare and submit to the Governor, the General Assembly and the Secretary of Education[, no later than December 31, 2025, and each December 31 thereafter, a] an annual report detailing the operation of the program each year. The report shall, at a minimum, include:

* * *

Section 2204-B.  Agency.

* * *

(b)  Eligibility criteria.--The eligibility criteria developed for the receipt of a scholarship under subsection (a) shall, at a minimum, require all of the following:

(1)  Total annual household income not to exceed [$175,000] $200,000. With each new award year, the agency may annually adjust the total annual household income threshold under this paragraph to reflect any upward changes in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland area.

* * *

Section 61.  The act is amended by adding a section to read:

Section 2329.  State Aid for Fiscal Year 2025-2026.

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 2025-2026 as follows:

(1)  Funds appropriated for libraries 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 2024-2025 under section 2328 by the total State-aid subsidy for fiscal year 2024-2025.

(ii)  Multiply the quotient under subparagraph (i) by the total State-aid subsidy for fiscal year 2025-2026.

(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 2025-2026 are less than funds appropriated in fiscal year 2002-2003, adjusted for inflation according to the Consumer Price Index, 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 62.  Section 2502.56(b)(2)(ii) of the act, added July 11, 2024 (P.L.618, No.55), is amended and the section is amended by adding a subsection to read:

Section 2502.56.  Student-Weighted Basic Education Funding Beginning with 2023-2024 School Year.--* * *

(b)  For the 2023-2024 school year and each school year thereafter, the Commonwealth shall pay to each school district a basic education funding allocation which shall consist of the following:

* * *

(2)  A student-based allocation to be calculated as follows:

* * *

(ii)  Multiply the product in subparagraph (i) by the difference between the amount appropriated for the allocation of basic education funding to school districts and the sum of the amounts appropriated for the allocation in paragraph (1) and [subsection (c)] subsections (c) and (c.1).

* * *

(c.1)  For the 2024-2025 school year, the Commonwealth shall pay an amount equal to five million dollars ($5,000,000) to a school district located in a county of the second class A with a 2021-2022 adjusted average daily membership greater than 5,590 and less than 5,595 and a 2021-2022 current expenditure of less than one hundred ten million dollars ($110,000,000). Payments under this subsection shall be deemed to be part of the school district's allocation amount under subsection (b)(1) for the immediately succeeding school year and each school year thereafter.

* * *

Section 63.  Section 2509.8 of the act is amended by adding a subsection to read:

Section 2509.8.  Extraordinary Special Education Program Expenses.--* * *

(g)  For the 2025-2026 school year, an amount equal to five million dollars ($5,000,000) from uncommitted, unexpended funds available in the special education appropriation shall be distributed to charter schools established under section 1717-A in a school district of the first class for extraordinary expenses incurred in providing a special education program or service to one or more students with disabilities as approved by the Secretary of Education. The following shall apply:

(1)  The extraordinary expenses shall be calculated in accordance with section 1372(8)(vi).

(2)  The provisions of subsections (c) and (f)(ii) and (iii) shall apply to money distributed under this subsection.

Section 64.  Section 2510.3(a)(2) of the act, amended July 11, 2024 (P.L.618, No.55), 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, 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024 [and], 2024-2025 and 2025-2026 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 694-A or subject to oversight during the transition period under section 625-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 65.  Section 2599.6(a.4), (a.6)(2), (a.7)(2), (a.8) and (f)(1) of the act, added July 11, 2024 (P.L.618, No.55), are amended and the section 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.

* * *

(a.6)  The Commonwealth shall pay an adequacy supplement from the Ready-to-Learn Block Grant appropriation as follows:

* * *

(2)  [(Reserved).] For the 2025-2026 school year:

(i)  Divide the amount determined in subsection (f)(1) by the sum of the amounts determined in subsection (f)(1) for each school district.

(ii)  Multiply the quotient determined in subparagraph (i) by $526,440,000.

(a.7)  The Commonwealth shall pay a tax equity supplement from the Ready-to-Learn Block Grant appropriation as follows:

* * *

(2)  [(Reserved).]  For the 2025-2026 school year:

(i)  Subtract the amount received under paragraph (1) from the amount determined in subsection (g)(1).

(ii)  Divide the difference in subparagraph (i) by the sum of the amounts determined in subparagraph (i) for each school district.

(iii)  Multiply the quotient determined in subparagraph (ii) by $32,202,000.

(a.8)  No school district that receives funding under subsection (a.6) or (a.7) shall seek a referendum exception under section 333 of the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, for the 2025-2026 [school year.] and 2026-2027 school years. A school district is not required to apply for and receive the funding under subsection (a.6) or (a.7) for which it is eligible.

(a.9)  The Commonwealth shall pay a minimum allocation supplement, for which the provisions under subsections (b)(1), (c)(3) and (d)(2) shall apply, from the Ready-to-Learn Block Grant appropriation as follows:

(1)  For the 2025-2026 school year:

(i)  If the sum of the amounts determined under subsections (a.6)(2)(ii) and (a.7)(2) for the school district is less than $50,000, the difference of $50,000 minus the sum of the amounts determined under subsections (a.6)(2)(ii) and (a.7)(2) for the school district.

(ii)  If the sum of the amounts determined under subsections (a.6)(2)(ii) and (a.7)(2) for the school district is greater than or equal to $50,000, $0.

(2)  (Reserved).

* * *

(f)  The provisions in this subsection relate to the adequacy supplement. The following shall apply:

(1)  The department shall calculate an adequacy gap for each school district as follows:

(i)  For each school district, multiply $14,120 by the school district's student-weighted average daily membership calculated under subsection (e)(2).

(ii)  Subtract the school district's current expenditures from the amount calculated for the school district under subparagraph (i).

(iii)  Determine the greater of $0 or the difference calculated under subparagraph (ii).

(iv)  Subtract the adequacy adjustment under paragraph (3) from the amount determined in subparagraph (iii). For the 2025-2026 fiscal year and each fiscal year thereafter, the adequacy adjustment determined in paragraph (3) for each school district shall be zero.

(v)  Add the poverty adjustment under paragraph (4) to the difference in subparagraph (iv).

* * *

Section 66.  Section 2608-J of the act, amended July 11, 2024, P.L.618, 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, [2025] 2026.

Section 67.  An individual to whom the Department of Education has issued an instructional intern certificate or career and technical intern certificate prior to the effective date of this section and which certificate is valid on the effective date of this section shall be deemed to hold an instructional experience-based certificate or career and technical experience-based certificate, as applicable, under the act and the regulations promulgated under 22 Pa. Code Ch. 49.

Section 68.  The Cosmetology Training Through Career and Technical Center Program is a continuation of the Cosmetology Training Through Career and Technical Center Pilot Program. The conversion to a permanent program is a continuation of the pilot program and all activities initiated under the pilot program shall continue and remain in full force and effect. Orders, regulations, rules and decisions which were made under the pilot program and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified. Contracts, obligations and collective bargaining agreements entered into under the pilot program are not affected nor impaired by the conversion from the pilot program.

Section 69.  The Barber Training Through Career and Technical Center Program is a continuation of the Barber Training Through Career and Technical Center Pilot Program. The conversion to a permanent program is a continuation of the pilot program and all activities initiated under the pilot program shall continue and remain in full force and effect. Orders, regulations, rules and decisions which were made under the pilot program and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified. Contracts, obligations and collective bargaining agreements entered into under the pilot program are not affected nor impaired by the conversion from the pilot program.

Section 70.  The following apply to regulations:

(1)  Any regulation inconsistent with the addition of section 1221 of the act is abrogated to the extent of any inconsistency with the addition of section 1221 of the act.

(2)  The regulations at 22 Pa. Code Ch. 49 are abrogated to the extent of any inconsistency with this act.

(3)  The regulations at 22 Pa. Code § 49.85(c) and (d) are abrogated insofar as they are inconsistent with this act.

Section 71.  The following shall apply retroactively to July 1, 2025:

(1)  The addition of section 1207.5 of the act.

(2)  The amendment of section 1857 heading, (a), (d) introductory paragraph and (e) of the act.

(3)  The amendment of section 1858 heading, (a), (d) introductory paragraph and (e) of the act.

Section 72.  This act shall take effect as follows:

(1)  The following shall take effect in 30 days:

(i)  The addition of section 1203.1 of the act.

(ii)  The amendment of section 1216.1(d) of the act.

(iii)  The addition of section 1333(a)(2.1) and (2.2) and (c.1) of the act.

(iv)  The addition of section 1333.3(i) of the act.

(2)  The following shall take effect in 60 days:

(i)  The amendment or addition of section 1205.2(k) introductory paragraph, (2) and (2.2) and (k.2) of the act.

(ii)  The amendment or addition of section 1327.2(a) and (a.1) of the act.

(iii)  The addition of section 1333.2(i) of the act.

(iv)  The addition of section 1333.3(j) of the act.

(v)  The amendment or addition of section 1303-D heading, (a), (c)(11), (12) and (13), (d) and (e) of the act.

(vi)  The amendment or addition of section 1748-A(a), (a.1), (b), (d) and (e) of the act.

(3)  The following shall take effect August 1, 2026:

(i)  The amendment of section 1327.2(c) of the act.

(ii)  The addition of section 1333.1(d.1) of the act.

(iii)  The addition of section 1333.5 of the act.

(iv)  The amendment of section 1339 of the act.

(4)  The remainder of this act shall take effect immediately.

 

APPROVED--The 12th day of November, A.D. 2025.

 

JOSH SHAPIRO

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