SB 700 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, providing for advertising and sponsorships; in intermediate units, further providing for school safety and security enhancements; in professional employees, further providing for qualifications; in certification of teachers, further providing for State certificates, for career and technical instruction and for baccalaureate certification basic skills assessment; in Educator Pipeline Support Grant Program, further providing for definitions, for program establishment and duties of agency, for eligibility and for report; in school safety and security, further providing for School Safety and Security Grant Program, for school safety and security coordinator, for Targeted School Safety Grants for Nonpublic Schools and School Entities Program and for school safety and security training and providing for school safety and mental health grants for 2024-2025 school year; in school security, further providing for duties of commission, providing for school security personnel and establishing School Security Personnel Fund; in school security, further providing for duties of commission and providing for school security personnel and for School Security Personnel Fund; in school health services, further providing for vision screening and examinations; in Drug and Alcohol Recovery High School Program, further providing for establishment and payment of tuition; in administrative partnerships between school entities, further providing for legislative intent and for definitions, providing for instructional programming partnerships authorized, for school district feasibility study and for construction and further providing for establishment, for application, for grant awards, for technical assistance, for reports by school entities and for reports by department; in talent recruitment, further providing for Talent Recruitment Account; in charter schools, further providing for definitions, for charter school requirements, for powers of board of trustees, for facilities and for funding for charter schools, providing for funding for cyber charter schools, further providing for enrollment and notification and providing for enrollee wellness checks and for applicability of other provisions of this act and of other acts and regulations; in disability inclusive curriculum, further providing for department responsibilities; in Schools-to-Work-Program, repealing provisions relating to expiration; in community colleges, further providing for financial program and reimbursement of payments; in educational tax credits, further providing for definitions, for qualification and application by organizations, for tax credits and for limitations, repealing provisions relating to opportunity scholarships and providing for economically disadvantaged school scholarships; in course materials at institutions of higher education, repealing provisions relating to College Textbook Policies Advisory Committee; in sexual violence, dating violence, domestic violence and stalking education, prevention and response at institutions of higher education and private licensed schools, further providing for memorandum of understanding; in miscellaneous provisions relating to institutions of higher education, repealing provisions relating to Public Higher Education Funding Commission; in funding for public libraries, providing for State aid for fiscal year 2024-2025; in reimbursements by Commonwealth and between school districts, further providing for payments on account of pupils enrolled in career and technical curriculums and for student-weighted basic education funding, providing for student-weighted basic education funding beginning with 2023-2024 school year, further providing for State reimbursement for health services, for payments to intermediate units, for assistance to school districts declared to be in financial recovery status or identified for financial watch status and for Commonwealth reimbursements for charter schools and cyber charter schools, repealing provisions relating to administrative and instructional consolidation incentives and further providing for Ready-to-Learn Block Grant; in State Board of Education, further providing for powers and duties of the board; in construction and renovation of buildings by school entities, further providing for applicability; in School Environmental Repairs Program, further providing for School Environmental Repairs Program Restricted Account and for School Environmental Repairs Program; and making editorial changes.

(3) (4) Evidence OFof Aa MINIMUMminimum of eight thousand (8,000) <-- hours, equivalent to four (4) years full-time, OFof experience <-- within their lifetime teaching post-secondary courses ATat Aa <--regionally 20230SB0700PN1183accredited -institution 2of -higher REGIONALLYeducation ACCREDITED INSTITUTION OF HIGHER EDUCATION in the occupational area to be taughttaught. and satisfactory achievement on <-- an approved occupational assessment.

* * * (B.1)(b.1) INIn ADDITIONaddition TOto OTHERother REQUIREMENTSrequirements PROMULGATEDpromulgated BYby THEthe <--State STATEBoard BOARDof OFEducation, EDUCATION,the THEDepartment DEPARTMENTof OFEducation EDUCATIONshall SHALLissue ISSUEa ACareer CAREERand ANDTechnical TECHNICALInstructional INSTRUCTIONAL I CERTIFICATECertificate UNDERunder 22 PA.Pa.

CODECode § 49.142 (RELATING(relating TOto CAREERCareer ANDand TECHNICALTechnical INSTRUCTIONALInstructional I) TOto ANan INDIVIDUALindividual SEEKINGseeking Aa POSITIONposition WITHwith THEthe PRIMARYprimary RESPONSIBILITYresponsibility OFof TEACHINGteaching OCCUPATIONALoccupational SKILLSskills INin STATE-State- APPROVEDapproved CAREERcareer ANDand TECHNICALtechnical EDUCATIONeducation PROGRAMSprograms INin THEthe PUBLICpublic SCHOOLSschools OFof THISthis COMMONWEALTHCommonwealth IFif THEthe INDIVIDUALindividual PRESENTSpresents ANYany OFof THEthe FOLLOWING:following:

(1) EVIDENCEEvidence OFof Aa MINIMUMminimum OFof EIGHTeight THOUSANDthousand (8,000) HOURS,hours, EQUIVALENTequivalent TOto FOURfour (4) YEARSyears FULL-TIME,full-time, OFof WAGE-EARNINGwage-earning EXPERIENCEexperience INin THEthe OCCUPATIONALoccupational AREAarea TOto BEbe TAUGHT.taught.

(2) EVIDENCEEvidence OFof Aa MINIMUMminimum OFof FOURfour THOUSANDthousand (4,000) HOURS,hours, EQUIVALENTequivalent TOto TWOtwo (2) YEARSyears FULL-TIME,full-time, OFof WAGE-EARNINGwage-earning EXPERIENCEexperience INin THEthe OCCUPATIONALoccupational AREAarea TOto BEbe TAUGHTtaught PLUSplus Aa BACCALAUREATEbaccalaureate DEGREE.degree.

(3) EVIDENCEEvidence OFof Aa MINIMUMminimum OFof EIGHTeight THOUSANDthousand (8,000) HOURS,hours, EQUIVALENTequivalent TOto FOURfour (4) YEARSyears FULL-TIME,full-time, ASas Aa VOLUNTEERvolunteer FIREFIGHTERfirefighter ORor EMERGENCYemergency MEDICALmedical TECHNICIANtechnician INin THEthe OCCUPATIONALoccupational AREAarea TOto BEbe TAUGHT.taught.

(4) EVIDENCEEvidence OFof Aa MINIMUMminimum OFof EIGHTeight THOUSANDthousand (8,000) HOURS,hours, EQUIVALENTequivalent TOto FOURfour (4) YEARSyears FULL-TIME,full-time, OFof EXPERIENCEexperience TEACHINGteaching POST-SECONDARY20230SB0700PN1816 COURSES- AT4 A- REGIONALLYpost-secondary ACCREDITEDcourses INSTITUTIONat OFa HIGHERregionally EDUCATIONaccredited INinstitution THEof OCCUPATIONALhigher AREAeducation TOin BEthe TAUGHT.occupational area to be taught.

* * * (f) As used in this section, the following words and phrases 20230SB0700PN1183 - 3 - shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Satisfactory achievement" shall mean an acceptable level of <-- performance as determined by the State Board of Education on the department-prescribed assessments required under 22 Pa.

Code Ch.

49 (relating to certification of professional personnel).

The provisions of 22 Pa.

Code §§ 49.142(a)(1) and <-- 49.151(b) are abrogated.

Section 3 2.

<--SECTION 20230SB0700PN11831. - 4 -

THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <-- AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A SECTION TO READ:

SECTION 134.

ADVERTISING AND SPONSORSHIPS.--(A) A PAID 20230SB0700PN1816 - 5 - MEDIA ADVERTISEMENT BY A PUBLIC SCHOOL ENTITY OR ON BEHALF OF A PUBLIC SCHOOL ENTITY THAT REFERS TO THE COST OF TUITION, TECHNOLOGY, TRANSPORTATION OR OTHER EXPENSES SHALL NOT ADVERTISE THOSE EXPENSES AS FREE, AND ANY REFERENCE TO TUITION, TECHNOLOGY, TRANSPORTATION OR OTHER EXPENSES MUST INDICATE THAT THE COST IS COVERED BY TAXPAYER DOLLARS.

(B) NO LATER THAN AUGUST 1, 2025, EACH PUBLIC SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE ENTITY'S TOTAL EXPENDITURES FOR PAID MEDIA ADVERTISEMENTS AND SPONSORSHIPS OF PUBLIC EVENTS FOR THE 2024-2025 SCHOOL YEAR.

THE DEPARTMENT SHALL COMPILE THE RESULTS OF THE REPORTS AND MAKE THE RESULTS AVAILABLE ON THE DEPARTMENT OF EDUCATION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE BY DECEMBER 1, 2025.

(C) 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:

"PAID MEDIA ADVERTISEMENT." THE TERM INCLUDES A TELEVISION, RADIO, NEWSPAPER, MAGAZINE OR MOVIE THEATER ADVERTISEMENT, BILLBOARD, BUS POSTER OR INTERNET-BASED OR OTHER COMMERCIAL METHOD THAT MAY PROMOTE ENROLLMENT IN A PUBLIC SCHOOL ENTITY.

"PUBLIC EVENT." AN ACTIVITY, EVENT OR GATHERING THAT MEMBERS OF THE PUBLIC MAY ATTEND, HAS BEEN PUBLICLY ANNOUNCED OR PUBLICIZED IN ADVANCE AND FOR WHICH AN ADMISSION FEE OR COST MAY BE REQUIRED.

THE TERM INCLUDES CONCERTS, PERFORMANCES, SPORTING EVENTS, FAIRS, FESTIVALS, PARADES, PERFORMANCES AND OTHER EXHIBITIONS.

THE TERM SHALL NOT INCLUDE SCHOOL-SPONSORED ACTIVITIES AS DEFINED IN SECTION 1318.1(J).

"PUBLIC SCHOOL ENTITY." A PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL ENTITY AS DEFINED IN SECTION 1703-A, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL SCHOOL.

20230SB0700PN1816 - 6 - SECTION 2.

SECTION 923.3-A(C) AND (D) OF THE ACT, AMENDED DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING A DEFINITION TO READ:

SECTION 923.3-A.

SCHOOL SAFETY AND SECURITY ENHANCEMENTS.-* * * (B) DEFINITIONS.

AS USED IN THIS SECTION:

"COMMISSION" MEANS THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.

* * * (C) PROGRAM OF SCHOOL SAFETY AND SECURITY ENHANCEMENTS.

A PROGRAM OF SCHOOL SECURITY ENHANCEMENTS SHALL BE PROVIDED [BY AN INTERMEDIATE UNIT IN WHICH A NONPUBLIC SCHOOL IS LOCATED,] FOR NONPUBLIC SCHOOLS IN ACCORDANCE WITH STANDARDS DEVELOPED BY THE SCHOOL SAFETY AND SECURITY COMMITTEE ESTABLISHED UNDER SECTION 1302-B IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION AND PURSUANT TO SECTION 1306.1-B.

[THROUGH THE PROGRAM, AN INTERMEDIATE UNIT SHALL MAKE APPLICATION FOR SCHOOL SAFETY AND SECURITY ENHANCEMENTS UPON THE REQUEST OF A NONPUBLIC SCHOOL OR COMBINATION OF NONPUBLIC SCHOOLS LOCATED WITHIN THE INTERMEDIATE UNIT.

SCHOOL SAFETY AND SECURITY ENHANCEMENTS FOR WHICH GRANTS ARE RECEIVED SHALL BE PROVIDED FOR OR CONTRACTED FOR DIRECTLY BY THE INTERMEDIATE UNIT OR LOANED BY THE INTERMEDIATE UNIT TO THE NONPUBLIC SCHOOL.] (D) LIMITATIONS.

IN CARRYING OUT THE DUTIES OF THIS SECTION AND THE SCHOOL SAFETY AND SECURITY GRANT PROGRAM, THE [INTERMEDIATE UNIT] COMMISSION MAY NOT USE MORE THAN FIVE PER CENTUM (5%) OF THE FUNDS IT RECEIVES UNDER THIS SECTION FOR GRANT ADMINISTRATION.

[IF ALL FUNDS ALLOCATED BY THE INTERMEDIATE UNITS FOR ADMINISTRATION ARE NOT EXPENDED FOR PURPOSES OF THIS SECTION, THE FUNDS MAY BE USED FOR OTHER 20230SB0700PN1816 - 7 - PROGRAM COSTS.] SECTION 3.

SECTIONS 1109(A) AND 1202 OF THE ACT ARE AMENDED TO READ:

SECTION 1109.

QUALIFICATIONS.--(A) EVERY TEACHER EMPLOYED TO TEACH IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH MUST BE A PERSON OF GOOD MORAL CHARACTER, MUST BE AT LEAST EIGHTEEN YEARS OF AGE, AND MUST BE A CITIZEN OF THE UNITED STATES OR AUTHORIZED TO WORK IN THE UNITED STATES:

PROVIDED, THAT CITIZENSHIP MAY BE WAIVED IN THE CASE OF EXCHANGE TEACHERS NOT PERMANENTLY EMPLOYED, AND TEACHERS EMPLOYED FOR THE PURPOSE OF TEACHING FOREIGN LANGUAGES, INCLUDING SPECIAL TEACHERS WHO SPEAK THE IDIOMATIC OR COLLOQUIAL LANGUAGE OF IMMIGRANTS RESIDING IN THE SCHOOL DISTRICT, AND EMPLOYED FOR THE PURPOSE OF EASING THE TRANSITION PERIOD OF SUCH IMMIGRANTS.

* * * SECTION 1202.

STATE CERTIFICATES.--STATE CERTIFICATES SHALL BE ISSUED AS HEREIN PROVIDED.

EACH SUCH CERTIFICATE SHALL SET FORTH THE BRANCHES WHICH ITS HOLDER IS ENTITLED TO TEACH.

NO TEACHER SHALL TEACH, IN ANY PUBLIC SCHOOL, ANY BRANCH WHICH HE HAS NOT BEEN PROPERLY CERTIFICATED TO TEACH.

A CERTIFICATE TO TEACH [SHALL NOT] MAY BE GRANTED OR ISSUED TO ANY PERSON [NOT] WHO IS A CITIZEN OF THE UNITED STATES, [EXCEPT IN THE CASE OF] AN EXCHANGE [TEACHERS] TEACHER NOT PERMANENTLY EMPLOYED [AND TEACHERS], A TEACHER EMPLOYED FOR THE PURPOSE OF TEACHING FOREIGN LANGUAGES OR A PERSON AUTHORIZED TO WORK IN THE UNITED STATES.

IN THE CASE OF A RESIDENT FOREIGN NATIONAL HOLDING AN IMMIGRANT VISA WHO HAS DECLARED, IN WRITING, TO THE DEPARTMENT OF [PUBLIC INSTRUCTION] EDUCATION THE INTENTION OF BECOMING A CITIZEN OF THE UNITED STATES, SUCH PERSON SHALL BE ELIGIBLE FOR 20230SB0700PN1816 - 8 - A PROVISIONAL COLLEGE CERTIFICATE.

SECTION 4.

SECTION 1204.2(B) OF THE ACT 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 STATE BOARD OF EDUCATION SHALL REQUIRE AN APPLICANT TO PRESENT EVIDENCE OF AT LEAST FOUR (4) YEARS OF WAGE-EARNING EXPERIENCE IN THE OCCUPATION TO BE TAUGHT IN ORDER FOR THE SECRETARY OF EDUCATION TO GRANT THE APPLICANT A CAREER AND TECHNICAL INTERN CERTIFICATE UNDER 22 PA.

CODE § 49.151 (RELATING TO ELIGIBILITY AND CRITERIA).] IN ADDITION TO OTHER REQUIREMENTS PROMULGATED BY THE STATE BOARD OF EDUCATION, THE DEPARTMENT OF EDUCATION SHALL ISSUE A CAREER AND TECHNICAL INTERN 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:

(1) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS, EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF WAGE-EARNING EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(2) EVIDENCE OF A MINIMUM OF FOUR THOUSAND (4,000) HOURS, EQUIVALENT TO TWO (2) YEARS FULL-TIME, OF WAGE-EARNING EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT PLUS A BACCALAUREATE DEGREE.

(3) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS, EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF EXPERIENCE AS A VOLUNTEER FIREFIGHTER OR EMERGENCY MEDICAL TECHNICIAN IN THE 20230SB0700PN1816 - 9 - OCCUPATIONAL AREA TO BE TAUGHT.

(4) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS, EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF EXPERIENCE TEACHING POST-SECONDARY COURSES AT A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(B.1) IN ADDITION TO OTHER REQUIREMENTS 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 (RELATING TO CAREER AND TECHNICAL INSTRUCTIONAL I) 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:

(1) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS, EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF WAGE-EARNING EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(2) EVIDENCE OF A MINIMUM OF FOUR THOUSAND (4,000) HOURS, EQUIVALENT TO TWO (2) YEARS FULL-TIME, OF WAGE-EARNING EXPERIENCE IN THE OCCUPATIONAL AREA TO BE TAUGHT PLUS A BACCALAUREATE DEGREE.

(3) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS, EQUIVALENT TO FOUR (4) YEARS FULL-TIME, AS A VOLUNTEER FIREFIGHTER OR EMERGENCY MEDICAL TECHNICIAN IN THE OCCUPATIONAL AREA TO BE TAUGHT.

(4) EVIDENCE OF A MINIMUM OF EIGHT THOUSAND (8,000) HOURS, EQUIVALENT TO FOUR (4) YEARS FULL-TIME, OF EXPERIENCE TEACHING POST-SECONDARY COURSES AT A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION IN THE OCCUPATIONAL AREA TO BE TAUGHT.

* * * 20230SB0700PN1816 - 10 - (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:

"EMERGENCY MEDICAL TECHNICIAN" SHALL MEAN AN INDIVIDUAL WHO IS CERTIFIED BY THE DEPARTMENT OF HEALTH AS AN EMERGENCY MEDICAL TECHNICIAN.

"VOLUNTEER FIREFIGHTER" SHALL MEAN AS FOLLOWS:

(1) A PERSON WHO IS A MEMBER OF:

(I) A FIRE COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THIS COMMONWEALTH;

(II) A FIRE POLICE UNIT, RESCUE SQUAD, AMBULANCE CORPS OR OTHER LIKE ORGANIZATION AFFILIATED WITH ONE OR MORE FIRE COMPANIES;

OR (III) A FIRE COMPANY OR AFFILIATED ORGANIZATION WHICH PARTICIPATES IN THE FIRE SERVICE BUT DOES NOT LOOK TO THAT SERVICE AS THE PERSON'S PRIMARY MEANS OF LIVELIHOOD.

(2) A PERSON DOES NOT LOSE STATUS AS A VOLUNTEER FIREFIGHTER SOLELY BECAUSE THE PERSON MAY ALSO BE A PAID FIREFIGHTER, SO LONG AS THE PERSON IS ACTING WITHIN THE SCOPE OF THE PERSON'S RESPONSIBILITIES AS A MEMBER OF A VOLUNTEER FIRE COMPANY AT THE PERTINENT TIME AND NOT WITHIN THE SCOPE OF THE PERSON'S RESPONSIBILITIES AS A PAID FIREFIGHTER.

SECTION 5.

SECTION 1207.3 OF THE ACT IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 1207.3.

BACCALAUREATE CERTIFICATION BASIC SKILLS ASSESSMENT.--* * * (D) THIS SECTION SHALL EXPIRE JUNE 30, 2025.

SECTION 6.

ARTICLE XII-B HEADING OF THE ACT, ADDED DECEMBER 13, 2023 (P.L.187, NO.33), IS AMENDED TO READ:

ARTICLE XII-B 20230SB0700PN1816 - 11 - [EDUCATOR PIPELINE] STUDENT TEACHER SUPPORT GRANT PROGRAM SECTION 7.

THE DEFINITIONS OF "APPROVED EDUCATOR PREPARATION PROGRAM" AND "PROGRAM" IN SECTION 1202-B OF THE ACT, ADDED DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED TO READ:

SECTION 1202-B.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

* * * "APPROVED EDUCATOR PREPARATION PROGRAM." [A SEQUENCE OF COURSES AND EXPERIENCES OFFERED BY AN INSTITUTION OF HIGHER EDUCATION THAT IS REVIEWED AND APPROVED BY THE DEPARTMENT.] A PROGRAM APPROVED BY THE DEPARTMENT TO PREPARE PROFESSIONAL PERSONNEL FOR EMPLOYMENT IN A SCHOOL ENTITY IN ACCORDANCE WITH 22 PA.

CODE CH.

49 (RELATING TO CERTIFICATION OF PROFESSIONAL PERSONNEL).

* * * "PROGRAM." THE [EDUCATOR PIPELINE] STUDENT TEACHER SUPPORT GRANT PROGRAM ESTABLISHED UNDER SECTION 1203-B.

* * * SECTION 8.

SECTIONS 1203-B(A) AND (I), 1204-B(A)(6) AND 1205-B(A)(6) OF THE ACT, ADDED DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED TO READ:

SECTION 1203-B.

PROGRAM ESTABLISHMENT AND DUTIES OF AGENCY.

(A) ESTABLISHMENT.--THE [EDUCATOR PIPELINE] STUDENT TEACHER SUPPORT GRANT PROGRAM IS ESTABLISHED WITHIN THE AGENCY.

* * * (I) PAYMENT.--THE AGENCY SHALL ESTABLISH A METHOD FOR PAYING GRANT AWARDS UNDER THE PROGRAM TO A SCHOOL ENTITY OR NONPUBLIC SCHOOL.

THE SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL USE ALL OF 20230SB0700PN1816 - 12 - THE MONEY RECEIVED UNDER THE PROGRAM FOR PAYMENT TO STUDENT TEACHERS AND COOPERATING TEACHERS AS REQUIRED BY THIS SECTION AND THE AGENCY.

THE AGENCY, IN THE AGENCY'S DISCRETION, MAY ESTABLISH AN ALTERNATIVE METHOD FOR PAYING GRANT AWARDS UNDER THIS SECTION.

* * * SECTION 1204-B.

ELIGIBILITY.

(A) ELIGIBILITY.--FOR AN INDIVIDUAL TO BE ELIGIBLE FOR A GRANT AS A STUDENT TEACHER UNDER THE PROGRAM, THE INDIVIDUAL SHALL MEET ALL OF THE FOLLOWING:

* * * (6) AGREE TO WORK AS A TEACHER AT A SCHOOL ENTITY OR NONPUBLIC SCHOOL OR PRE-KINDERGARTEN PROGRAM IN THIS COMMONWEALTH FOR A PERIOD OF NO LESS THAN THREE YEARS, UNLESS THE AGENCY DETERMINES THAT THERE ARE EXTENUATING CIRCUMSTANCES.

* * * SECTION 1205-B.

REPORT.

(A) GENERAL RULE.--THE AGENCY SHALL PREPARE AND SUBMIT TO THE GOVERNOR, THE SECRETARY OF EDUCATION AND THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2024, AND EACH DECEMBER 31 THEREAFTER, TO THE EXTENT THAT FUNDS ARE AVAILABLE, A REPORT DETAILING THE OPERATION OF THE PROGRAM.

THE REPORT SHALL, AT A MINIMUM, INCLUDE:

* * * (6) A LIST OF SCHOOL ENTITIES, NONPUBLIC SCHOOLS OR PRE- KINDERGARTEN PROGRAMS WHERE GRANTEES ARE EMPLOYED FOLLOWING CERTIFICATION.

* * * SECTION 9.

SECTION 1306-B(J)(18) OF THE ACT IS AMENDED AND 20230SB0700PN1816 - 13 - 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.-- * * * (13) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, DURING THE 2024-2025 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 1314.1-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:

* * * (18) COSTS ASSOCIATED WITH THE TRAINING AND COMPENSATION OF SCHOOL [RESOURCE OFFICERS AND SCHOOL POLICE OFFICERS] SECURITY PERSONNEL.

* * * (31) PURCHASE OF CELL PHONE LOCKABLE BAGS.

A SCHOOL ENTITY THAT APPLIES FOR FUNDING UNDER THIS PARAGRAPH MUST ADOPT A POLICY RELATING TO PROHIBITING THE USE OF CELL PHONES DURING THE SCHOOL DAY.

* * * SECTION 10.

SECTION 1306.1-B(J), (K)(3) AND (L)(3) OF THE 20230SB0700PN1816 - 14 - ACT, ADDED DECEMBER 13, 2023 (P.L.187, NO.33), ARE AMENDED TO READ:

SECTION 1306.1-B.

TARGETED SCHOOL SAFETY GRANTS FOR NONPUBLIC SCHOOLS AND SCHOOL ENTITIES PROGRAM.

* * * (J) USES.--TARGETED GRANTS TO SCHOOL ENTITIES AND [TO INTERMEDIATE UNITS ON BEHALF OF] NONPUBLIC SCHOOLS SHALL BE USED TO FUND PROGRAMS THAT ADDRESS SCHOOL VIOLENCE AND SCHOOL MENTAL HEALTH.

ELIGIBLE USES OF THE FUNDS SHALL INCLUDE ANY USE UNDER SECTION 1306-B(J) AND TO FUND PROGRAMS THAT ADDRESS SCHOOL VIOLENCE BY ESTABLISHING OR ENHANCING SCHOOL SECURITY, INCLUDING COSTS ASSOCIATED WITH THE TRAINING AND COMPENSATION OF SCHOOL SECURITY PERSONNEL.

(K) OTHER GRANT RECIPIENTS.-- * * * (3) A NONPUBLIC SCHOOL MAY APPLY TO THE COMMITTEE FOR GRANT FUNDING UNDER PARAGRAPH (1) TO BE USED FOR THE COSTS ASSOCIATED WITH OBTAINING THE SERVICES OF SCHOOL SECURITY PERSONNEL FROM A LIST OF APPROVED VENDORS CERTIFIED BY THE COMMITTEE.

[A GRANT AWARD FOR THIS PURPOSE SHALL BE AWARDED AND PAID DIRECTLY TO THE APPROVED VENDOR WITH WHICH THE NONPUBLIC SCHOOL CONTRACTS FOR SERVICES.

A NONPUBLIC SCHOOL MAY NOT APPLY FOR GRANT FUNDING UNDER THIS SUBSECTION FOR ANY PURPOSE OTHER THAN OBTAINING THE SERVICES OF SCHOOL SECURITY PERSONNEL UNDER THIS PARAGRAPH.] (L) OTHER DUTIES.--THE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES AS TO TARGETED GRANTS:

* * * (3) FOR FISCAL YEAR 2023-2024 AND EACH FISCAL YEAR THEREAFTER, THE COMBINED AMOUNT OF GRANTS AWARDED TO 20230SB0700PN1816 - 15 - [INTERMEDIATE UNITS ON BEHALF OF] NONPUBLIC SCHOOLS UNDER SUBSECTION (J) AND GRANTS AWARDED FOR COSTS ASSOCIATED WITH A NONPUBLIC SCHOOL OBTAINING THE SERVICES OF SCHOOL SECURITY PERSONNEL UNDER SUBSECTION (K) SHALL BE NO LESS THAN $14,551,000.

* * * SECTION 10.1.

SECTION 1309-B(C) OF THE ACT 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:

* * * (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:

(I) EACH REPORT SHALL BE PRESENTED TO THE SCHOOL ENTITY'S BOARD OF DIRECTORS AT AN EXECUTIVE SESSION OF THE SCHOOL ENTITY'S BOARD OF DIRECTORS.

(II) EACH REPORT SHALL BE SUBMITTED TO THE COMMITTEE AND SHALL NOT BE SUBJECT TO THE RIGHT-TO-KNOW LAW.

(III) EACH REPORT SHALL INCLUDE:

(A) THE NUMBER OF SCHOOL SECURITY PERSONNEL, AS DEFINED IN SECTION 1301-C, BROKEN OUT BY TYPE.

(B) THE NUMBER OF EACH SCHOOL SECURITY PERSONNEL, AS DEFINED IN SECTION 1301-C, THAT IS ARMED, BROKEN OUT BY TYPE.

(C) THE SCHOOL BUILDING AT WHICH EACH SCHOOL SECURITY PERSONNEL, AS DEFINED IN SECTION 1301-C, IS 20230SB0700PN1816 - 16 - ASSIGNED, BROKEN OUT BY TYPE.

(D) THE TRAINING, INCLUDING TYPE OF TRAINING AND DATES COMPLETED, BY EACH SCHOOL SECURITY PERSONNEL, AS DEFINED IN SECTION 1301-C, BROKEN OUT BY TYPE.

(E) A LISTING OF OTHER INDIVIDUALS UTILIZED FOR SCHOOL-SAFETY-RELATED DUTIES.

* * * SECTION 11.

SECTION 1310-B OF THE ACT IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 1310-B.

SCHOOL SAFETY AND SECURITY TRAINING.

* * * (A.1) CYBER CHARTER SCHOOL WAIVER OR ALTERNATE TRAINING OPPORTUNITY.-- (1) A CYBER CHARTER SCHOOL MAY WAIVE OR PROVIDE AN ALTERNATIVE TRAINING OPPORTUNITY TO ADDRESS THE IN-PERSON TRAINING REQUIRED UNDER SUBSECTION (A)(1.1)(I) FOR ANY CYBER CHARTER SCHOOL EMPLOYEE WHO IS NOT PHYSICALLY LOCATED IN THIS COMMONWEALTH AND EXCLUSIVELY PROVIDES INSTRUCTION REMOTELY.

(2) A CYBER CHARTER SCHOOL PROVIDING A WAIVER OR ALTERNATIVE TRAINING OPPORTUNITY TO THE EMPLOYEE UNDER THIS SUBSECTION SHALL PROVIDE AN ATTESTATION THAT THE EMPLOYEE MEETS THE REQUIREMENTS OF THIS SECTION AND THE CYBER CHARTER SCHOOL SHALL REPORT THE WAIVER OR ALTERNATIVE TRAINING OPPORTUNITY TO THE COMMITTEE ANNUALLY THROUGH THE SCHOOL SAFETY AND SECURITY COORDINATOR REPORT.

* * * SECTION 12.

THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1314.1-B.

SCHOOL SAFETY AND MENTAL HEALTH GRANTS FOR 2024-2025 SCHOOL YEAR.

(A) FUNDING.--FOR THE 2024-2025 SCHOOL YEAR, THE MONEY UNDER 20230SB0700PN1816 - 17 - SECTION 1306-B(H)(13)(I) SHALL BE USED BY THE COMMITTEE TO AWARD SCHOOL SAFETY AND MENTAL HEALTH GRANTS TO SCHOOL ENTITIES.

(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) AND (23).

(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 $100,000 PLUS AN AMOUNT DETERMINED IN 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 2022-2023 ADJUSTED AVERAGE DAILY MEMBERSHIP FOR EACH SCHOOL DISTRICT BY THE DIFFERENCE BETWEEN THE AMOUNT ALLOCATED IN SUBSECTION (A) AND THE 20230SB0700PN1816 - 18 - SUM OF THE AMOUNTS DISTRIBUTED UNDER PARAGRAPHS (1) AND (2).

(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE 2022-2023 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) DEFINITIONS.--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 12.1.

SECTION 1315-C OF THE ACT IS AMENDED BY ADDING A PARAGRAPH TO READ:

SECTION 1315-C.

DUTIES OF COMMISSION.

THE COMMISSION SHALL HAVE THE FOLLOWING DUTIES UNDER THIS ARTICLE:

20230SB0700PN1816 - 19 - * * * (5) ESTABLISH CRITERIA FOR GRANTING SCHOOL ENTITIES WAIVERS FOR THE REQUIREMENTS IN SECTION 1316-C(A).

THE CRITERIA SHALL INCLUDE THE FOLLOWING:

(I) DOCUMENTATION THAT THE SCHOOL ENTITY DOES NOT HAVE A MUNICIPAL POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY THAT IS ABLE TO PROVIDE A SCHOOL RESOURCE OFFICER.

(II) DOCUMENTATION THAT THE SCHOOL ENTITY HAS BEEN UNABLE TO HIRE OR CONTRACT WITH A SCHOOL POLICE OFFICER.

(III) DOCUMENTATION THAT THE SCHOOL ENTITY HAS BEEN UNABLE TO HIRE OR CONTRACT WITH A SCHOOL SECURITY GUARD.

(IV) DOCUMENTATION THAT THE SCHOOL ENTITY HAS BEEN UNABLE TO HIRE OR CONTRACT WITH A POLICE OFFICER FROM AN ACCREDITED POLICE FORCE.

SECTION 12.2.

THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1316-C.

SCHOOL SECURITY PERSONNEL.

(A) SCHOOL DAY.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BEGINNING WITH THE 2024-2025 SCHOOL YEAR, A SCHOOL ENTITY SHALL HAVE AT LEAST ONE FULL-TIME SCHOOL SECURITY PERSONNEL WHO HAS COMPLETED THE TRAINING UNDER SECTION 1305-C, 1313-C(A.1) OR 1314-C ON DUTY DURING THE SCHOOL DAY UNLESS THE SCHOOL ENTITY HAS BEEN GRANTED A WAIVER UNDER SUBSECTION (F).

(B) EXTRACURRICULAR ACTIVITIES.--A GOVERNING BODY OF A SCHOOL ENTITY MAY DECIDE TO HAVE A SCHOOL SECURITY PERSONNEL ON DUTY IN A SCHOOL BUILDING OR ON SCHOOL PREMISES DURING EXTRACURRICULAR ACTIVITIES THAT OCCUR OUTSIDE OF THE SCHOOL DAY.

(C) CERTIFICATION.--A SCHOOL ENTITY MUST CERTIFY TO THE COMMITTEE THAT THE SCHOOL ENTITY HAS HIRED OR CONTRACTED WITH A SCHOOL SECURITY PERSONNEL THAT SATISFIES THE REQUIREMENTS OF THIS ARTICLE, UNLESS THE SCHOOL ENTITY HAS BEEN GRANTED A WAIVER 20230SB0700PN1816 - 20 - UNDER SUBSECTION (F).

(D) POWERS AND DUTIES.--IN ADDITION TO THE POWERS GRANTED TO A SCHOOL SECURITY PERSONNEL UNDER ARTICLE XIII-C, THE SCHOOL ENTITY MAY ASSIGN OTHER DUTIES.

(E) FUNDING.--A SCHOOL ENTITY MAY USE FUNDING UNDER SECTION 1306-B(J)(18) OR 1316.1-C TO MEET THE REQUIREMENTS OF THIS SECTION.

(F) WAIVER.--A SCHOOL ENTITY MAY APPLY FOR A WAIVER TO THE COMMITTEE.

THE COMMITTEE SHALL WAIVE THE REQUIREMENTS IN THE CASE OF A SCHOOL ENTITY THAT PROVIDES AN ATTESTATION THAT IT ACTED IN GOOD FAITH AND MEETS AT LEAST ONE OF THE CRITERIA ESTABLISHED UNDER SECTION 1315-C(5).

A WAIVER SHALL EXPIRE ONE YEAR AFTER ITS APPROVAL BY THE COMMITTEE.

(G) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SCHOOL BUILDING." A BUILDING OWNED BY OR UNDER THE CONTROL OF A SCHOOL ENTITY WHERE CLASSES ARE TAUGHT OR EXTRACURRICULAR ACTIVITIES ARE CONDUCTED ON A REGULAR BASIS.

"SCHOOL DAY." THE HOURS BETWEEN THE MORNING OPENING OF A SCHOOL BUILDING AND THE AFTERNOON DISMISSAL OF STUDENTS ON A DAY WHICH CLASSES ARE IN SESSION.

"SCHOOL ENTITY." A SCHOOL DISTRICT.

SECTION 1316.1-C.

SCHOOL SECURITY PERSONNEL RESTRICTED ACCOUNT.

(A) SCHOOL SECURITY PERSONNEL RESTRICTED ACCOUNT.--THE SCHOOL SECURITY PERSONNEL RESTRICTED ACCOUNT IS ESTABLISHED IN THE SCHOOL SAFETY AND SECURITY FUND FOR THE PURPOSE OF MAKING REIMBURSEMENTS TO SCHOOL DISTRICTS FOR THE COSTS ASSOCIATED WITH SCHOOL SECURITY.

(B) COMMITTEE DUTIES.--SUBJECT TO THE AVAILABILITY OF FUNDS, 20230SB0700PN1816 - 21 - BEGINNING JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE COMMITTEE SHALL ESTABLISH A PROCESS FOR A SCHOOL ENTITY TO APPLY TO BE REIMBURSED FOR COSTS ASSOCIATED WITH THE EMPLOYMENT OF ONE SCHOOL SECURITY PERSONNEL WHO HAS COMPLETED THE TRAINING UNDER SECTION 1305-C, 1313-C(A.1) OR 1314-C(C).

THE REIMBURSEMENT TO THE SCHOOL DISTRICT SHALL NOT EXCEED $50,000.

(C) REPORTING.--THE COMMITTEE SHALL POST ON THE COMMITTEE'S PUBLICLY ACCESSIBLE INTERNET WEBSITE A LIST OF THE SCHOOL DISTRICTS WHO RECEIVED REIMBURSEMENT UNDER THIS SECTION.

SECTION 13.

SECTION 1403.1(A), (B)(1) AND (E) OF THE ACT ARE AMENDED TO READ:

SECTION 1403.1.

VISION SCREENING AND EXAMINATIONS.--(A) (1) PRIOR TO ADMISSION TO SCHOOL FOR THE FIRST TIME, A PARENT OR LEGAL GUARDIAN SHALL PRESENT TO THE SCHOOL ENTITY OR NONPUBLIC SCHOOL CERTIFICATION FROM A PRIMARY CARE PROVIDER OR VISION SCREENER THAT THE CHILD HAS PASSED OR FAILED A VISION SCREENING PERFORMED BY A PRIMARY CARE PROVIDER OR A VISION SCREENING CONDUCTED BY SCREENERS WITH SPECIFIC TRAINING IN VISION SCREENING TECHNIQUES AND PROTOCOLS APPROVED BY THE DEPARTMENT OF HEALTH OR HAS COMPLETED A COMPREHENSIVE EYE EXAM CONDUCTED BY AN OPHTHALMOLOGIST OR OPTOMETRIST WITHIN THE PREVIOUS TWELVE MONTHS.

(2) THE [ADVISORY HEALTH BOARD] DEPARTMENT OF HEALTH SHALL PROMULGATE REGULATIONS TO ESTABLISH VISION SCREENING STANDARDS BASED ON INSTRUMENT-BASED VISION SCREENING TECHNOLOGIES OR VISUAL ACUITY TESTING, TAKING INTO CONSIDERATION NATIONAL GUIDELINES FROM THE AMERICAN ACADEMY OF PEDIATRICS AND AMERICAN ASSOCIATION FOR PEDIATRIC OPHTHALMOLOGY AND STRABISMUS.

(3) TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS SECTION, THE DEPARTMENT OF HEALTH MAY PROMULGATE TEMPORARY REGULATIONS.

20230SB0700PN1816 - 22 - THE FOLLOWING APPLY:

(I) IF THE DEPARTMENT OF HEALTH PROMULGATES TEMPORARY REGULATIONS UNDER THIS PARAGRAPH, THE DEPARTMENT OF HEALTH SHALL TRANSMIT NOTICE OF THE PROMULGATION OF THE TEMPORARY REGULATIONS TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.

(II) THE TEMPORARY REGULATIONS SHALL EXPIRE NO LATER THAN TWO YEARS FOLLOWING THE PUBLICATION OF THE NOTICE IN ACCORDANCE WITH SUBPARAGRAPH (I).

(III) UPON PUBLICATION OF THE NOTICE IN ACCORDANCE WITH SUBPARAGRAPH (I), THE DEPARTMENT OF HEALTH SHALL POST THE TEMPORARY REGULATIONS ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(IV) THE TEMPORARY REGULATIONS SHALL NOT BE SUBJECT TO ANY OF THE FOLLOWING:

(A) SECTION 612 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929." (B) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW.

(C) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS ACT." (D) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY REVIEW ACT." (V) THE AUTHORITY OF THE DEPARTMENT OF HEALTH TO PROMULGATE TEMPORARY REGULATIONS UNDER THIS PARAGRAPH SHALL EXPIRE SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.

REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS 20230SB0700PN1816 - 23 - PROVIDED BY LAW.

(B) (1) EVERY SCHOOL YEAR AT A SCHOOL ENTITY OR NONPUBLIC SCHOOL, UNTIL A CHILD COMPLETES THE FIFTH GRADE AND AT LEAST EVERY TWO YEARS THEREAFTER UNTIL THE CHILD GRADUATES FROM THE TWELFTH GRADE, THE CHILD SHALL HAVE A VISION SCREENING PERFORMED BY SCHOOL HEALTH PERSONNEL OR SCREENERS WITH SPECIFIC TRAINING IN VISION SCREENING TECHNIQUES AND PROTOCOLS APPROVED BY THE [ADVISORY HEALTH BOARD] DEPARTMENT OF HEALTH.

THE RESULTS OF THE VISION SCREENING SHALL BE SUPPLIED TO THE PARENT OR LEGAL GUARDIAN OF THE CHILD.

* * * (E) THIS SECTION SHALL APPLY TO SCHOOL YEARS BEGINNING AFTER THE REGULATIONS ARE PROMULGATED BY THE [ADVISORY HEALTH BOARD] DEPARTMENT OF HEALTH UNDER SUBSECTION (A)(2).

* * * SECTION 14.

SECTION 1405-A OF THE ACT IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 1405-A.

ESTABLISHMENT AND PAYMENT OF TUITION.

* * * (C.1) TIME PERIOD FOR PAYMENT AND EFFECT OF FAILURE TO PAY.-- (1) FOR A SCHOOL DISTRICT THAT DOES NOT PROVIDE A STUDENT ENROLLED IN THE RECOVERY HIGH SCHOOL WITH SPECIAL EDUCATION SERVICES REQUIRED UNDER THE STUDENT'S IEP UNDER SUBSECTION (C)(1), PAYMENTS SHALL BE MADE TO THE RECOVERY HIGH SCHOOL FOR ANY AND ALL COSTS INCURRED ON BEHALF OF THE STUDENT WITHIN 30 DAYS OF THE PRESENTATION OF A BILL TO THE SCHOOL DISTRICT.

(2) IF THE BILL REMAINS UNPAID BY THE SCHOOL DISTRICT AFTER 30 DAYS, THE RECOVERY HIGH SCHOOL MAY PRESENT THE BILL 20230SB0700PN1816 - 24 - TO THE SECRETARY OF EDUCATION FOR PAYMENT.

(3) PAYMENTS DUE FROM THE SCHOOL DISTRICT THAT ARE PRESENTED TO THE SECRETARY OF EDUCATION UNDER PARAGRAPH (2) SHALL BE MADE BY THE SECRETARY OF EDUCATION WITHIN 30 DAYS OF RECEIPT OF THE BILL, AND THE SECRETARY OF EDUCATION SHALL DEDUCT THE AMOUNT PAID ON THE BILL FROM STATE PAYMENTS DUE TO THE SCHOOL DISTRICT.

* * * SECTION 15.

(RESERVED).

SECTION 16.

ARTICLE XV-H HEADING, SECTIONS 1501-H AND 1502-H AND SUBARTICLE B HEADING OF ARTICLE XV-H OF THE ACT ARE AMENDED TO READ:

ARTICLE XV-H ADMINISTRATIVE AND INSTRUCTIONAL PROGRAMMING PARTNERSHIPS BETWEEN SCHOOL ENTITIES AND FEASIBILITY STUDIES SECTION 1501-H.

LEGISLATIVE INTENT.

IT IS THE INTENT OF THE GENERAL ASSEMBLY TO HELP SCHOOL ENTITIES SAVE MONEY AND OPERATE MORE EFFICIENTLY BY ENCOURAGING THE FOLLOWING:

(1) PARTNERSHIPS OF [ROUTINE] ADMINISTRATIVE FUNCTIONS BETWEEN SCHOOL ENTITIES[.

IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FOR ADDITIONAL];

(2) OPPORTUNITIES BETWEEN SCHOOL ENTITIES TO COOPERATIVELY DEVELOP JOINT OR SHARED EDUCATIONAL PROGRAMS FOR STUDENTS AND EDUCATORS[.];

AND (3) EXPLORATION OF SCHOOL DISTRICT CONSOLIDATIONS OR MERGERS THROUGH FEASIBILITY STUDIES.

SECTION 1502-H.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 20230SB0700PN1816 - 25 - CONTEXT CLEARLY INDICATES OTHERWISE:

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE COMMONWEALTH.

"GRANT PROGRAM." THE ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING PARTNERSHIP AND FEASIBILITY STUDIES GRANT [PILOT] PROGRAM ESTABLISHED UNDER THIS ARTICLE.

"SCHOOL ENTITY." A SCHOOL DISTRICT, AN AREA CAREER AND TECHNICAL SCHOOL OR AN INTERMEDIATE UNIT.

"SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH.

SUBARTICLE B ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING AND FEASIBILITY PROVISIONS SECTION 17.

THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1512-H.

INSTRUCTIONAL PROGRAMMING PARTNERSHIPS AUTHORIZED.

(A) GENERAL RULE.--TWO OR MORE SCHOOL ENTITIES MAY ENTER INTO AN AGREEMENT TO SHARE THE FOLLOWING BETWEEN THE SCHOOL ENTITIES:

(1) INSTRUCTIONAL PROGRAMMING, INCLUDING SERVICES OF PROFESSIONAL EMPLOYEES IF THE PROGRAMMING IS:

(I) NOT OFFERED IN ONE OF THE SCHOOL ENTITIES;

OR (II) NO LONGER AVAILABLE FOR IN-PERSON INSTRUCTION.

(2) STUDENT SERVICES DESIGNED TO SUPPORT THE INSTRUCTIONAL PROGRAM AND TO HELP STUDENTS ATTAIN THEIR EDUCATIONAL AND CAREER GOALS, INCLUDING SERVICES OF PROFESSIONAL EMPLOYEES, IF THE SERVICES ARE:

(I) NOT OFFERED IN ONE OF THE SCHOOL ENTITIES;

OR (II) NO LONGER AVAILABLE IN PERSON.

(B) CONSENT REQUIRED FOR PROFESSIONAL EMPLOYEE ASSIGNMENT.-- A PROFESSIONAL EMPLOYEE MAY NOT BE ASSIGNED TO PROVIDE SERVICES 20230SB0700PN1816 - 26 - UNDER A SHARED SERVICE AGREEMENT WITHOUT THE PROFESSIONAL EMPLOYEE'S CONSENT.

SECTION 1513-H.

SCHOOL DISTRICT FEASIBILITY STUDY.

(A) CONSOLIDATION.--TWO OR MORE SCHOOL DISTRICTS MAY JOINTLY EXPLORE COMBINING OR MERGING TO FORM A SINGLE SCHOOL DISTRICT THROUGH A FEASIBILITY STUDY UNDER THIS ARTICLE.

(B) COMBINING OR MERGING SCHOOLS.--A SCHOOL DISTRICT MAY EXPLORE COMBINING OR MERGING TWO OR MORE SCHOOLS WITHIN THE SCHOOL DISTRICT THROUGH A FEASIBILITY STUDY UNDER THIS ARTICLE.

SECTION 1514-H.

CONSTRUCTION.

NOTHING CONTAINED IN THIS SUBARTICLE SHALL SUPERSEDE OR PREEMPT THE RIGHTS, REMEDIES AND PROCEDURES AFFORDED TO SCHOOL EMPLOYEES OR LABOR ORGANIZATIONS UNDER FEDERAL OR STATE LAW, INCLUDING THE ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT, OR ANY PROVISION OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN A SCHOOL EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES IN ACCORDANCE WITH THE PUBLIC EMPLOYE RELATIONS ACT.

SECTION 18.

SUBARTICLE C HEADING OF ARTICLE XV-H AND SECTIONS 1521-H, 1522-H, 1523-H, 1525-H, 1526-H AND 1527-H OF THE ACT ARE AMENDED TO READ:

SUBARTICLE C ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING PARTNERSHIP AND FEASIBILITY STUDIES GRANT [PILOT] PROGRAM SECTION 1521-H.

ESTABLISHMENT.

THE ADMINISTRATIVE, INSTRUCTIONAL PROGRAMMING PARTNERSHIP AND FEASIBILITY STUDIES GRANT [PILOT] PROGRAM IS ESTABLISHED IN THE DEPARTMENT TO PROVIDE FINANCIAL ASSISTANCE TO FACILITATE THE SHARING OF ADMINISTRATIVE FUNCTIONS AND INSTRUCTIONAL PROGRAMMING BETWEEN SCHOOL ENTITIES, TO EXPLORE THE FEASIBILITY 20230SB0700PN1816 - 27 - OF CONSOLIDATION OR MERGER TO FORM A SINGLE SCHOOL DISTRICT AND TO EXPLORE THE FEASIBILITY OF CONSOLIDATION OR MERGER OF TWO OR MORE SCHOOLS WITHIN A SCHOOL DISTRICT AND TO EXPLORE THE FEASIBILITY OF CONSOLIDATION OR MERGER OF TWO OR MORE SCHOOLS WITHIN A SCHOOL DISTRICT AS AUTHORIZED UNDER SUBARTICLE B.

SECTION 1522-H.

APPLICATION.

(A) PROCEDURE.--THE DEPARTMENT SHALL DEVELOP A PROCEDURE FOR AWARDING GRANTS UNDER THE PROGRAM.

TWO OR MORE SCHOOL ENTITIES MAY APPLY FOR A GRANT UNDER [THE PROGRAM] SUBSECTION (B) OR A SCHOOL DISTRICT OR SCHOOL DISTRICTS MAY APPLY FOR A GRANT UNDER SUBSECTION (C) AS PRESCRIBED BY THE DEPARTMENT.[THE] (B) ADMINISTRATIVE OR INSTRUCTIONAL PROGRAMMING.--AN APPLICATION RELATED TO ADMINISTRATIVE OR INSTRUCTIONAL PROGRAMMING AT A MINIMUM [SHALL CONTAIN] MUST INCLUDE THE FOLLOWING:

(1) A DETAILED DESCRIPTION OF THE ADMINISTRATIVE FUNCTIONS OR INSTRUCTIONAL PROGRAMMING THE SCHOOL ENTITIES INTEND TO SHARE UNDER SUBARTICLE B.

(2) THE AMOUNT OF GRANT FUNDING BEING REQUESTED.

(3) AN ESTIMATE OF THE COST SAVINGS OR OTHER EFFICIENCIES THAT THE PARTNERSHIP WILL ACHIEVE.

(4) ANY ADDITIONAL BENEFITS TO STUDENTS AND EDUCATORS.

(5) ADOPTION OF A RESOLUTION BY THE GOVERNING BODIES OF THE SCHOOL ENTITIES APPROVING THE PARTNERSHIP DESCRIBED IN PARAGRAPH (1).

(C) FEASIBILITY STUDIES.--AN APPLICATION RELATED TO A FEASIBILITY STUDY AT A MINIMUM MUST INCLUDE THE FOLLOWING:

(1) A NARRATIVE DESCRIBING THE FEASIBILITY STUDY, INCLUDING:

(I) THE PLANNED STUDY'S PARTICIPANTS.

20230SB0700PN1816 - 28 - (II) THE BASIS FOR UNDERTAKING THE STUDY, INCLUDING VIABILITY AND COMMITMENT BY THE SCHOOL DISTRICTS TO THE PARTNERSHIP.

(III) A DESCRIPTION OF THE OBJECTIVES OF THE STUDY AND AREAS OF FOCUS, INCLUDING NEEDS AND GOALS RELATED TO EQUITABLE STUDENT OPPORTUNITIES, IMPROVING STUDENT ACHIEVEMENT, ESTABLISHING GREATER ECONOMIES OF SCALE, LOCAL COMMUNITY INTERESTS AND CONCERNS AND ENHANCING STUDENTS' LEARNING ENVIRONMENT.

(IV) INITIAL INDICATORS OR PROJECTIONS RELATED TO IMPROVED EFFICIENCY OR ANY COST SAVINGS.

(V) PROJECTIONS OF ANY FRONT-END COSTS OF A MERGER FOR THE SCHOOL DISTRICTS IN THE PARTNERSHIP, INCLUDING TECHNICAL ASSISTANCE, REAL AND PERSONAL PROPERTY, INDEBTEDNESS AND RENTAL OBLIGATIONS OF THE PARTICIPANT SCHOOL DISTRICTS.

(VI) EXPENDITURES RELATING TO STAFFING, CURRICULUM ALIGNMENT, RESOLVING DIFFERENCES BETWEEN CONTRACTS, TRANSPORTATION SERVICES AND NEW ADMINISTRATIVE EXPENSES.

(VII) A DESCRIPTION OF ANY IDENTIFIED BARRIERS OR IMPEDIMENTS TO A MERGER OR CONSOLIDATION OF THE SCHOOL DISTRICTS IN A PARTNERSHIP.

(2) THE ESTIMATE OF THE TOTAL COST OF THE STUDY.

(3) THE AMOUNT OF GRANT FUNDING REQUESTED.

SECTION 1523-H.

GRANT AWARDS.

(A) GENERAL RULE.--[THE] BEGINNING WITH THE 2024-2025 FISCAL YEAR, AND EACH YEAR THEREAFTER, AND TO THE EXTENT FUNDING IS MADE AVAILABLE FOR THE PROGRAM, THE SECRETARY SHALL [MAKE NO MORE THAN FOUR GRANT AWARDS EACH FISCAL YEAR IN AN AMOUNT NOT TO EXCEED $250,000 PER GRANT AWARD.] AWARD GRANTS TO SCHOOL 20230SB0700PN1816 - 29 - ENTITIES.

(A.1) NOTICE.--THE DEPARTMENT SHALL PROVIDE INFORMATION REGARDING THE AVAILABILITY OF GRANT FUNDING ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AND TRANSMIT NOTICE OF THE PROGRAM TO ALL SCHOOL ENTITIES.

(A.2) 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.

(B) GRANT PRIORITIZATION.-- (1) THE SECRETARY SHALL GIVE PRIORITY TO AN APPLICATION FOR GRANT FUNDING UNDER THIS SUBARTICLE TO THOSE SCHOOL DISTRICTS WHO HAVE APPLIED AND DEMONSTRATED AN EXISTING PARTNERSHIP CONSISTENT WITH THIS ARTICLE.

(2) THE SECRETARY SHALL ALLOCATE AT LEAST 25% OF THE FUNDS APPROPRIATED FOR THE PROGRAM TO APPLICANTS REQUESTING GRANT FUNDING FOR FEASIBILITY STUDIES.

IF THE AMOUNT OF GRANT FUNDING REQUESTED FOR FEASIBILITY STUDIES IS LESS THAN 25% OF THE FUNDS APPROPRIATED FOR THE PROGRAM, THE DIFFERENCE SHALL BE ALLOCATED TO APPLICATIONS FOR ADMINISTRATIVE AND INSTRUCTIONAL PARTNERSHIPS.

(C) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE SECRETARY FROM MAKING A GRANT AWARD TO THE SAME APPLICANTS IN SUBSEQUENT YEARS, PROVIDED, HOWEVER, THAT NO SCHOOL ENTITY MAY BE ELIGIBLE TO RECEIVE MORE THAN THREE GRANT AWARDS.

SECTION 1525-H.

TECHNICAL ASSISTANCE.

THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO SCHOOL ENTITIES APPLYING TO SHARE ADMINISTRATIVE AND INSTRUCTIONAL FUNCTIONS UNDER THIS ARTICLE.

SECTION 1526-H.

REPORTS BY SCHOOL ENTITIES.

20230SB0700PN1816 - 30 - [SCHOOL ENTITIES THAT ARE] (A) REPORTS REGARDING SHARED SERVICES.--A SCHOOL ENTITY AWARDED A GRANT FOR SHARED SERVICES UNDER THIS SUBARTICLE SHALL MAKE A PRELIMINARY REPORT TO THE DEPARTMENT DETAILING THE PROGRESS MADE TOWARD ACHIEVING THE SHARED SERVICES OUTLINED IN ITS GRANT APPLICATION NO LATER THAN 180 DAYS FOLLOWING [A] THE GRANT AWARD AND MAKE A FINAL REPORT NO LATER THAN 60 DAYS AFTER THE COMPLETION OF THE ADMINISTRATIVE OR INSTRUCTIONAL PARTNERSHIP OUTLINED IN THE GRANT APPLICATION.

THE REPORTS REQUIRED UNDER THIS SECTION SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:

(1) ACTUAL COST SAVINGS, EITHER DIRECTLY OR THROUGH AVOIDED COSTS, ACHIEVED BY THE SHARING OF SERVICES AUTHORIZED UNDER THIS ARTICLE.

(2) A DESCRIPTION OF HOW OPERATIONAL EFFICIENCIES WERE IMPROVED AS A RESULT OF THE SHARING OF SERVICES AUTHORIZED UNDER THIS ARTICLE.

(3) INFORMATION RELATING TO ANY IMPEDIMENTS THE DISTRICTS EXPERIENCED IN SUCCESSFULLY IMPLEMENTING THE SHARING OF SERVICES UNDER THIS ARTICLE.

(4) INFORMATION RELATING TO ANY ENHANCEMENTS OR ADDITIONS TO EDUCATIONAL PROGRAMMING OR IMPROVEMENTS IN STUDENT ACHIEVEMENT AS A RESULT OF THE SHARING OF SERVICES AUTHORIZED UNDER THIS ARTICLE.

(5) ANY OTHER INFORMATION A SCHOOL ENTITY MAY DEEM NECESSARY.

(B) SCHOOL DISTRICT REPORTS REGARDING FEASIBILITY STUDIES.-- A SCHOOL DISTRICT AWARDED A GRANT FOR A FEASIBILITY STUDY UNDER THIS SUBARTICLE SHALL MAKE A PRELIMINARY REPORT TO THE DEPARTMENT DETAILING THE PROGRESS OF THE FEASIBILITY STUDY PROJECT NO LATER THAN 180 DAYS FOLLOWING THE GRANT AWARD AND 20230SB0700PN1816 - 31 - MAKE A FINAL REPORT NO LATER THAN 60 DAYS AFTER THE COMPLETION OF THE FEASIBILITY STUDY OUTLINED IN THE GRANT APPLICATION.

THE REPORTS REQUIRED UNDER THIS SUBSECTION SHALL INCLUDE, AT A MINIMUM, FINDINGS AND RECOMMENDATIONS RELATED TO THE CONSOLIDATION OR MERGER OF THE PARTICIPATING SCHOOL DISTRICTS.

SECTION 1527-H.

REPORTS BY DEPARTMENT.

THE DEPARTMENT SHALL COMPILE THE REPORTS IT RECEIVES UNDER SECTION 1526-H AND TRANSMIT THEM TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES ANNUALLY BEGINNING NO LATER THAN JUNE 30, [2017] 2026.

SECTION 19.

SECTION 1505-K(B) OF THE ACT IS AMENDED TO READ:

SECTION 1505-K.

TALENT RECRUITMENT ACCOUNT.

* * * (B) USE OF FUNDS.--MONEY IN THE ACCOUNT IS APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS TO PROVIDE GRANTS IN ACCORDANCE WITH SECTION 1506-K OR TO SUPPORT EVIDENCE-BASED INITIATIVES DESIGNED TO INCREASE PARTICIPATION IN THE EDUCATOR WORKFORCE.

THE APPROPRIATION SHALL NOT LAPSE AT THE END OF ANY FISCAL YEAR.

* * * SECTION 20.

THE INTRODUCTORY PARAGRAPH AND THE DEFINITIONS OF "APPEAL BOARD" AND "CHIEF EXECUTIVE OFFICER" IN SECTION 1703- A OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

SECTION 1703-A.

DEFINITIONS.--[AS USED IN THIS ARTICLE,] THE 20230SB0700PN1816 - 32 - 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:

"ADMINISTRATOR" SHALL INCLUDE THE CHIEF ADMINISTRATOR OF A CHARTER SCHOOL ENTITY AND ALL OTHER EMPLOYES OF A CHARTER SCHOOL ENTITY WHO BY VIRTUE OF THEIR POSITIONS EXERCISE MANAGEMENT OR OPERATIONAL OVERSIGHT RESPONSIBILITIES.

* * * "APPEAL BOARD" SHALL MEAN THE STATE CHARTER SCHOOL APPEAL BOARD ESTABLISHED [BY THIS ARTICLE] UNDER SECTION 1721-A.

* * * "CHARTER SCHOOL ENTITY" SHALL MEAN A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, CYBER CHARTER SCHOOL OR MULTIPLE CHARTER SCHOOL ORGANIZATION.

"CHARTER SCHOOL FOUNDATION" SHALL MEAN A NONPROFIT ORGANIZATION QUALIFIED AS FEDERALLY TAX EXEMPT UNDER 26 U.S.C.

§ 501(C)(3) (RELATING TO EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN TRUSTS, ETC.), THAT PROVIDES FUNDING OR RESOURCES OR OTHERWISE SERVES TO SUPPORT A CHARTER SCHOOL ENTITY.

"CHIEF [EXECUTIVE OFFICER] ADMINISTRATOR" SHALL MEAN AN INDIVIDUAL APPOINTED BY THE BOARD OF TRUSTEES TO OVERSEE AND MANAGE THE OPERATION OF [THE] A CHARTER SCHOOL ENTITY, BUT WHO SHALL NOT BE DEEMED A PROFESSIONAL STAFF MEMBER UNDER THIS ARTICLE.

"COMPENSATION" SHALL INCLUDE MONEY OR OTHER REMUNERATION RECEIVED FROM A CHARTER SCHOOL ENTITY.

* * * "EDUCATIONAL MANAGEMENT SERVICE PROVIDER" SHALL MEAN A NONPROFIT OR FOR-PROFIT CHARTER MANAGEMENT ORGANIZATION, EDUCATION MANAGEMENT ORGANIZATION, SCHOOL DESIGN PROVIDER, 20230SB0700PN1816 - 33 - BUSINESS MANAGER OR ANY OTHER ENTITY OR INDIVIDUAL THAT ENTERS INTO A CONTRACT OR AGREEMENT WITH A CHARTER SCHOOL ENTITY TO PROVIDE INSTRUCTIONAL, CURRICULAR OR EDUCATIONAL DESIGN, ADMINISTRATIVE OR BUSINESS SERVICES, COMPREHENSIVE MANAGEMENT OR PERSONNEL FUNCTIONS OR TO IMPLEMENT THE CHARTER.

THE TERM SHALL NOT INCLUDE A CHARTER SCHOOL FOUNDATION.

"FAMILY MEMBER" SHALL MEAN A PARENT, STEPPARENT, CHILD, STEPCHILD, SPOUSE, DOMESTIC PARTNER, BROTHER, SISTER, STEPBROTHER OR STEPSISTER.

* * * "MULTIPLE CHARTER SCHOOL ORGANIZATION" SHALL MEAN A PUBLIC, NONPROFIT CORPORATION UNDER THE OVERSIGHT OF A SINGLE BOARD OF TRUSTEES AND A CHIEF ADMINISTRATOR THAT OPERATES TWO (2) OR MORE CHARTER SCHOOLS UNDER SECTION 1729.1-A.

"NONRELATED" SHALL MEAN AN INDIVIDUAL WHO IS NOT A FAMILY MEMBER.

* * * SECTION 21.

SECTIONS 1715-A AND 1716-A OF THE ACT ARE AMENDED TO READ:

SECTION 1715-A.

CHARTER SCHOOL REQUIREMENTS.--(A) CHARTER SCHOOLS SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING PROVISIONS:

(1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A CHARTER SCHOOL IS EXEMPT FROM STATUTORY REQUIREMENTS ESTABLISHED IN THIS ACT, FROM REGULATIONS OF THE STATE BOARD AND THE STANDARDS OF THE SECRETARY NOT SPECIFICALLY APPLICABLE TO CHARTER SCHOOLS.

CHARTER SCHOOLS ARE NOT EXEMPT FROM STATUTES APPLICABLE TO PUBLIC SCHOOLS OTHER THAN THIS ACT.

(2) A CHARTER SCHOOL SHALL BE ACCOUNTABLE TO THE PARENTS, THE PUBLIC AND THE COMMONWEALTH, WITH THE DELINEATION OF THAT 20230SB0700PN1816 - 34 - ACCOUNTABILITY REFLECTED IN THE CHARTER.

STRATEGIES FOR MEANINGFUL PARENT AND COMMUNITY INVOLVEMENT SHALL BE DEVELOPED AND IMPLEMENTED BY EACH SCHOOL.

(3) A CHARTER SCHOOL SHALL NOT UNLAWFULLY DISCRIMINATE IN ADMISSIONS, HIRING OR OPERATION.

(4) A CHARTER SCHOOL SHALL BE NONSECTARIAN IN ALL OPERATIONS.

(5) A CHARTER SCHOOL SHALL NOT PROVIDE ANY RELIGIOUS INSTRUCTION, NOR SHALL IT DISPLAY RELIGIOUS OBJECTS AND SYMBOLS ON THE PREMISES OF THE CHARTER SCHOOL.

(6) A CHARTER SCHOOL SHALL NOT ADVOCATE UNLAWFUL BEHAVIOR.

(7) A CHARTER SCHOOL SHALL ONLY BE SUBJECT TO THE LAWS AND REGULATIONS AS PROVIDED FOR IN SECTION 1732-A, OR AS OTHERWISE PROVIDED FOR IN THIS ARTICLE.

(8) A CHARTER SCHOOL SHALL PARTICIPATE IN THE PENNSYLVANIA STATE ASSESSMENT SYSTEM AS PROVIDED FOR IN 22 PA.

CODE CH.

5 (RELATING TO CURRICULUM), OR SUBSEQUENT REGULATIONS PROMULGATED TO REPLACE 22 PA.

CODE CH.

5, IN THE MANNER IN WHICH THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED IS SCHEDULED TO PARTICIPATE.

(9) A CHARTER SCHOOL SHALL PROVIDE A MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS OF INSTRUCTION OR NINE HUNDRED (900) HOURS PER YEAR OF INSTRUCTION AT THE ELEMENTARY LEVEL, OR NINE HUNDRED NINETY (990) HOURS PER YEAR OF INSTRUCTION AT THE SECONDARY LEVEL.

NOTHING IN THIS CLAUSE SHALL PRECLUDE THE USE OF COMPUTER AND SATELLITE LINKAGES FOR DELIVERING INSTRUCTION TO STUDENTS.

(10) BOARDS OF TRUSTEES AND CONTRACTORS OF CHARTER SCHOOLS SHALL BE SUBJECT TO THE FOLLOWING STATUTORY REQUIREMENTS GOVERNING CONSTRUCTION PROJECTS AND CONSTRUCTION-RELATED WORK:

(I) THE FOLLOWING PROVISIONS OF THIS ACT:

20230SB0700PN1816 - 35 - (A) SECTIONS 751 AND 751.1.

(B) SECTIONS 756 AND 757 INSOFAR AS THEY ARE CONSISTENT WITH THE ACT OF DECEMBER 20, 1967 (P.L.869, NO.385), KNOWN AS THE "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967." (II) SECTION 1 OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104), ENTITLED "AN ACT REGULATING THE LETTING OF CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS." (III) THE ACT OF AUGUST 11, 1961 (P.L.987, NO.442), KNOWN AS THE "PENNSYLVANIA PREVAILING WAGE ACT." (IV) THE "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967." (V) THE ACT OF MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE "STEEL PRODUCTS PROCUREMENT ACT." (11) TRUSTEES OF A CHARTER SCHOOL [SHALL BE PUBLIC OFFICIALS.] ENTITY ARE PUBLIC OFFICIALS FOR THE PURPOSES OF 65 PA.C.S.

CH.

11 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE) AND SHALL FILE A STATEMENT OF FINANCIAL INTERESTS FOR THE PRECEDING CALENDAR YEAR WITH THE STATE ETHICS COMMISSION AND EITHER THE LOCAL BOARD OF SCHOOL DIRECTORS IN THE CASE OF A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL, OR THE DEPARTMENT IN THE CASE OF A CYBER CHARTER SCHOOL, NOT LATER THAN MAY 1 OF EACH YEAR THAT MEMBERS HOLD THE POSITION AND OF THE YEAR AFTER A MEMBER LEAVES THE POSITION.

ALL MEMBERS OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY MUST BE RESIDENTS OF THIS COMMONWEALTH AND SHALL TAKE THE OATH OF OFFICE AS REQUIRED UNDER SECTION 321 BEFORE ENTERING UPON THE DUTIES OF THEIR OFFICE.

[(12) A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER SCHOOL SHALL NOT RECEIVE COMPENSATION FROM ANOTHER CHARTER SCHOOL OR FROM A COMPANY THAT PROVIDES MANAGEMENT OR OTHER SERVICES TO ANOTHER CHARTER SCHOOL.

THE TERM "ADMINISTRATOR" SHALL INCLUDE THE CHIEF EXECUTIVE OFFICER OF A CHARTER SCHOOL 20230SB0700PN1816 - 36 - AND ALL OTHER EMPLOYES OF A CHARTER SCHOOL WHO BY VIRTUE OF THEIR POSITIONS EXERCISE MANAGEMENT OR OPERATIONAL OVERSIGHT RESPONSIBILITIES.

A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER SCHOOL SHALL BE A PUBLIC OFFICIAL UNDER 65 PA.C.S.

CH.

11 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE).

A VIOLATION OF THIS CLAUSE SHALL CONSTITUTE A VIOLATION OF 65 PA.C.S.

§ 1103(A) (RELATING TO RESTRICTED ACTIVITIES), AND THE VIOLATOR SHALL BE SUBJECT TO THE PENALTIES IMPOSED UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION.] (B) AN INDIVIDUAL WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER SCHOOL ENTITY IS A PUBLIC EMPLOYE FOR THE PURPOSES OF 65 PA.C.S.

CH.

11 AND SHALL FILE A STATEMENT OF FINANCIAL INTERESTS FOR THE PRECEDING CALENDAR YEAR WITH THE BOARD OF TRUSTEES NOT LATER THAN MAY 1 OF EACH YEAR THAT THE INDIVIDUAL HOLDS THE POSITION AND OF THE YEAR AFTER THE INDIVIDUAL NO LONGER HOLDS THE POSITION.

(C) (1) NO INDIVIDUAL WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER SCHOOL ENTITY MAY RECEIVE COMPENSATION FROM ANOTHER CHARTER SCHOOL ENTITY OR AN EDUCATIONAL MANAGEMENT SERVICE PROVIDER, UNLESS:

(I) THE ADMINISTRATOR HAS SUBMITTED A SWORN STATEMENT TO THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY AND THE SWORN STATEMENT DETAILS THE WORK FOR THE OTHER ENTITY AND INCLUDES THE PROJECTED NUMBER OF HOURS, RATE OF COMPENSATION AND PROJECTED DURATION.

(II) THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY REVIEWS THE SWORN STATEMENT UNDER SUBPARAGRAPH (I) AND AGREES BY RESOLUTION TO GRANT PERMISSION TO THE ADMINISTRATOR.

(2) A COPY OF THE SWORN STATEMENT UNDER PARAGRAPH (1)(I) AND THE RESOLUTION BY THE BOARD OF TRUSTEES GRANTING THE PERMISSION 20230SB0700PN1816 - 37 - UNDER PARAGRAPH (1)(II) SHALL BE PROVIDED TO, AND KEPT ON FILE WITH, THE CHARTER SCHOOL ENTITY AND THE LOCAL BOARD OF SCHOOL DIRECTORS OR, IN THE CASE OF A CYBER CHARTER SCHOOL, THE DEPARTMENT.

(3) AN ADMINISTRATOR OF A CHARTER SCHOOL ENTITY AND A FAMILY MEMBER OF THE ADMINISTRATOR MAY NOT SERVE AS A VOTING MEMBER OF THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY THAT EMPLOYS THE ADMINISTRATOR.

(4) (I) AN ADMINISTRATOR OF A CHARTER SCHOOL ENTITY MAY NOT PARTICIPATE IN THE SELECTION, AWARD OR ADMINISTRATION OF A CONTRACT IF THE ADMINISTRATOR HAS A CONFLICT OF INTEREST AS THAT TERM IS DEFINED IN 65 PA.C.S.

§ 1102 (RELATING TO DEFINITIONS).

(II) AN ADMINISTRATOR WHO KNOWINGLY VIOLATES THIS PARAGRAPH COMMITS A VIOLATION OF 65 PA.C.S.

§ 1103(A) (RELATING TO RESTRICTED ACTIVITIES) AND SHALL BE SUBJECT TO THE PENALTIES IMPOSED UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION.

(III) A CONTRACT MADE IN VIOLATION OF THIS PARAGRAPH SHALL BE VOIDABLE BY THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL ENTITY.

(5) AN ADMINISTRATOR SHALL BE IMMEDIATELY DISMISSED UPON CONVICTION FOR AN OFFENSE GRADED AS A FELONY, AN INFAMOUS CRIME, AN OFFENSE PERTAINING TO FRAUD, THEFT OR MISMANAGEMENT OF PUBLIC FUNDS OR ANY CRIME INVOLVING MORAL TURPITUDE.

(D) AS USED IN THIS SECTION, THE TERM "CHARTER SCHOOL ENTITY" MEANS A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.

SECTION 1716-A.

POWERS OF BOARD OF TRUSTEES.--(A) THE BOARD OF TRUSTEES OF A CHARTER SCHOOL [SHALL HAVE THE AUTHORITY TO] ENTITY MAY DECIDE MATTERS RELATED TO THE OPERATION OF THE SCHOOL, INCLUDING, BUT NOT LIMITED TO, BUDGETING, CURRICULUM AND 20230SB0700PN1816 - 38 - OPERATING PROCEDURES, SUBJECT TO THE SCHOOL'S CHARTER.

THE BOARD [SHALL HAVE THE AUTHORITY TO] MAY EMPLOY, DISCHARGE AND CONTRACT WITH NECESSARY PROFESSIONAL AND NONPROFESSIONAL EMPLOYES SUBJECT TO THE SCHOOL'S CHARTER AND THE PROVISIONS OF THIS ARTICLE.

(B) [NO] A MEMBER OF A LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL ENTITY [SHALL] MAY NOT SERVE ON THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY THAT IS LOCATED IN THE MEMBER'S DISTRICT.

(B.1) FOR A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL CHARTERED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, AN INDIVIDUAL MAY NOT SERVE AS A VOTING MEMBER OF THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL IF THE INDIVIDUAL OR A FAMILY MEMBER RECEIVES COMPENSATION FROM OR IS EMPLOYED BY OR IS A MEMBER OF THE LOCAL BOARD OF SCHOOL DIRECTORS WHO PARTICIPATED IN THE INITIAL REVIEW, APPROVAL, OVERSIGHT, EVALUATION OR RENEWAL PROCESS OF THE CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL CHARTERED BY THE BOARD.

(B.2) (1) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY MAY NOT PARTICIPATE IN THE SELECTION, AWARD OR ADMINISTRATION OF A CONTRACT IF THE MEMBER HAS A CONFLICT OF INTEREST AS THAT TERM IS DEFINED IN 65 PA.C.S.

§ 1102 (RELATING TO DEFINITIONS).

(2) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY WHO, IN THE DISCHARGE OF THE PERSON'S OFFICIAL DUTIES, WOULD BE REQUIRED TO VOTE ON A MATTER RESULTING IN A CONFLICT OF INTEREST MUST ABSTAIN FROM VOTING AND FOLLOW THE PROCEDURES REQUIRED UNDER 65 PA.C.S.

§ 1103(J) (RELATING TO RESTRICTED ACTIVITIES).

(3) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY WHO KNOWINGLY VIOLATES THIS SUBSECTION COMMITS A 20230SB0700PN1816 - 39 - VIOLATION OF 65 PA.C.S.

§ 1103(A) AND SHALL BE SUBJECT TO THE PENALTIES IMPOSED UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION.

(4) A CONTRACT MADE IN VIOLATION OF THIS SUBSECTION SHALL BE VOIDABLE BY A COURT OF COMPETENT JURISDICTION IF THE SUIT IS COMMENCED WITHIN NINETY (90) DAYS OF THE DISCOVERY OF THE VIOLATION.

(5) NO MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY SHALL BE COMPENSATED FOR DUTIES ON THE BOARD OF TRUSTEES.

(B.3) A MEMBER OF THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY SHALL BE AUTOMATICALLY DISQUALIFIED AND IMMEDIATELY REMOVED FROM THE BOARD OF TRUSTEES UPON CONVICTION FOR AN OFFENSE GRADED AS A FELONY, AN INFAMOUS CRIME, AN OFFENSE PERTAINING TO FRAUD, THEFT OR MISMANAGEMENT OF PUBLIC FUNDS, ANY OFFENSE PERTAINING TO THE MEMBER'S OFFICIAL CAPACITY AS A MEMBER OF THE BOARD OF TRUSTEES OR ANY CRIME INVOLVING MORAL TURPITUDE.

(C) THE BOARD OF TRUSTEES SHALL COMPLY WITH THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE ACT." (D) THE FOLLOWING SHALL APPLY:

(1) (I) THE BOARD OF TRUSTEES OF A CHARTER SCHOOL ENTITY SHALL CONSIST OF A MINIMUM OF FIVE (5) NONRELATED VOTING MEMBERS.

(II) IF A CHARTER SCHOOL ENTITY HAS FEWER THAN FIVE (5) NONRELATED VOTING MEMBERS SERVING ON ITS BOARD OF TRUSTEES ON THE EFFECTIVE DATE OF THIS PARAGRAPH THE CHARTER SCHOOL ENTITY SHALL, WITHIN ONE HUNDRED EIGHTY (180) DAYS, APPOINT ADDITIONAL MEMBERS TO THE BOARD OF TRUSTEES TO MEET THE MINIMUM REQUIREMENTS OF THIS SECTION.

(2) WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE OF THIS PARAGRAPH, AT LEAST ONE MEMBER OF THE BOARD OF TRUSTEES OF A 20230SB0700PN1816 - 40 - CHARTER SCHOOL ENTITY SHALL BE A PARENT OF A CHILD CURRENTLY ATTENDING THE CHARTER SCHOOL ENTITY.

THE BOARD OF TRUSTEES MEMBER PROVIDED FOR UNDER THIS PARAGRAPH SHALL BE ELIGIBLE TO SERVE ONLY SO LONG AS THE CHILD ATTENDS THE CHARTER SCHOOL ENTITY.

THIS PARAGRAPH SHALL NOT APPLY TO A CHARTER SCHOOL THAT PRIMARILY SERVES ADJUDICATED YOUTH.

(E) THE FOLLOWING SHALL APPLY:

(1) A MAJORITY OF THE VOTING MEMBERS OF THE BOARD OF TRUSTEES SHALL CONSTITUTE A QUORUM.

IF LESS THAN A MAJORITY IS PRESENT AT ANY MEETING, NO BUSINESS MAY BE TRANSACTED AT THE MEETING.

(2) THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL THE VOTING MEMBERS OF THE BOARD OF TRUSTEES, DULY RECORDED, SHALL BE REQUIRED IN ORDER TO TAKE OFFICIAL ACTION ON THE SUBJECTS ENUMERATED UNDER SUBSECTION (A).

(F) A CHARTER SCHOOL ENTITY SHALL FORM AN INDEPENDENT AUDIT COMMITTEE OF ITS BOARD OF TRUSTEES MEMBERS WHICH SHALL REVIEW AT THE CLOSE OF EACH FISCAL YEAR A COMPLETE CERTIFIED AUDIT OF THE OPERATIONS OF THE CHARTER SCHOOL ENTITY.

THE AUDIT SHALL BE CONDUCTED BY A QUALIFIED INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT.

THE AUDIT SHALL BE CONDUCTED UNDER GENERALLY ACCEPTED AUDIT STANDARDS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD AND SHALL INCLUDE THE FOLLOWING:

(1) AN ENROLLMENT TEST TO VERIFY THE ACCURACY OF STUDENT ENROLLMENT AND REPORTING TO THE COMMONWEALTH.

(2) FULL REVIEW OF EXPENSE REIMBURSEMENTS FOR BOARD OF TRUSTEES MEMBERS AND ADMINISTRATORS, INCLUDING SAMPLING OF ALL REIMBURSEMENTS.

(3) REVIEW OF INTERNAL CONTROLS, INCLUDING REVIEW OF RECEIPTS AND DISBURSEMENTS.

20230SB0700PN1816 - 41 - (4) REVIEW OF ANNUAL FEDERAL AND STATE TAX FILINGS, INCLUDING THE INTERNAL REVENUE SERVICE FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX AND ALL RELATED SCHEDULES AND APPENDICES FOR THE CHARTER SCHOOL ENTITY AND CHARTER SCHOOL FOUNDATION, IF APPLICABLE.

(5) REVIEW OF THE FINANCIAL STATEMENTS OF ANY CHARTER SCHOOL FOUNDATION.

(6) REVIEW OF THE SELECTION AND ACCEPTANCE PROCESS OF ALL CONTRACTS PUBLICLY BID PURSUANT TO SECTION 751.

(7) REVIEW OF ALL BOARD POLICIES AND PROCEDURES WITH REGARD TO INTERNAL CONTROLS, CODE OF ETHICS, CONFLICTS OF INTEREST, WHISTLE-BLOWER PROTECTIONS, COMPLAINTS FROM PARENTS OR THE PUBLIC, COMPLIANCE WITH 65 PA.C.S.

CH.

7 (REALTING TO OPEN MEETINGS), FINANCES, BUDGETING, AUDITS, PUBLIC BIDDING AND BONDING.

(G) THE CERTIFIED AUDIT UNDER SUBSECTION (F) AND THE ANNUAL BUDGET UNDER SUBSECTION (I) ARE PUBLIC DOCUMENTS AND SHALL BE MADE AVAILABLE ON THE CHARTER SCHOOL ENTITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE, IF AVAILABLE, AND, IN THE CASE OF A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL, ON THE SCHOOL DISTRICT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(H) A CHARTER SCHOOL ENTITY MAY BE SUBJECT TO AN ANNUAL AUDIT BY THE AUDITOR GENERAL, IN ADDITION TO ANY OTHER AUDITS REQUIRED BY FEDERAL LAW OR THIS ACT.

(I) A CHARTER SCHOOL ENTITY SHALL ANNUALLY PROVIDE THE DEPARTMENT AND, IN THE CASE OF A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL, SHALL ANNUALLY PROVIDE THE SCHOOL DISTRICT WITH A COPY OF THE ANNUAL BUDGET FOR THE OPERATION OF THE CHARTER SCHOOL ENTITY THAT IDENTIFIES THE FOLLOWING:

(1) THE SOURCE OF FUNDING FOR ALL EXPENDITURES.

20230SB0700PN1816 - 42 - (2) WHERE FUNDING IS PROVIDED BY A CHARTER SCHOOL FOUNDATION, THE AMOUNT OF FUNDS AND A DESCRIPTION OF THE USE OF THE FUNDS.

(3) THE SALARIES OF ALL ADMINISTRATORS OF THE CHARTER SCHOOL ENTITY.

(4) ALL EXPENDITURES TO AN EDUCATIONAL MANAGEMENT SERVICE PROVIDER.

(J) THE FOLLOWING SHALL APPLY:

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CHARTER SCHOOL ENTITY AND ANY AFFILIATED CHARTER SCHOOL FOUNDATION SHALL MAKE COPIES OF ITS ANNUAL FEDERAL AND STATE TAX FILINGS AVAILABLE UPON REQUEST AND ON THE CHARTER SCHOOL ENTITY'S OR CHARTER SCHOOL FOUNDATION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE, IF AVAILABLE, INCLUDING THE INTERNAL REVENUE SERVICE FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX AND ALL RELATED SCHEDULES AND APPENDICES.

(2) THE CHARTER SCHOOL FOUNDATION SHALL ALSO MAKE COPIES OF ITS ANNUAL BUDGET AVAILABLE UPON REQUEST AND ON THE CHARTER SCHOOL FOUNDATION'S OR THE CHARTER SCHOOL ENTITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE WITHIN THIRTY (30) DAYS OF THE CLOSE OF THE CHARTER SCHOOL FOUNDATION'S FISCAL YEAR.

(3) THE ANNUAL BUDGET SHALL INCLUDE THE SALARIES OF ALL EMPLOYES OF THE CHARTER SCHOOL FOUNDATION.

(K) AS USED IN THIS SECTION, THE TERM "CHARTER SCHOOL ENTITY" MEANS A CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.

SECTION 22.

SECTION 1722-A OF THE ACT IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 1722-A.

FACILITIES.--* * * (F) A SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE 20230SB0700PN1816 - 43 - AND INSTITUTION UNDER ARTICLE XX-A SHALL PROVIDE A CYBER CHARTER SCHOOL WITH REASONABLE ACCESS TO FACILITIES FOR THE ADMINISTRATION OF STANDARDIZED TESTING AS FOLLOWS:

(1) A CYBER CHARTER SCHOOL SHALL PROVIDE A SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION WITH AT LEAST SIXTY (60) DAYS' NOTICE OF THE NEED FOR FACILITIES TO BE USED FOR THE ADMINISTRATION OF STANDARDIZED TESTS.

(2) WITHIN THIRTY (30) DAYS OF THE CYBER CHARTER SCHOOL'S REQUEST, THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION SHALL NOTIFY THE CYBER CHARTER SCHOOL OF THE LOCATION OF THE FACILITIES THAT WILL BE PROVIDED.

THE FACILITIES MUST BE A QUIET, SEPARATE LOCATION IN WHICH CYBER CHARTER SCHOOL STUDENTS WILL NOT BE COMMINGLED WITH STUDENTS OF THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION.

(3) A SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION MAY NOT BE REQUIRED TO MAKE FACILITIES AVAILABLE TO A CYBER CHARTER SCHOOL ON DATES AND AT TIMES THAT MAY CAUSE UNDUE INTERFERENCE WITH THE EDUCATIONAL PROGRAMS OF THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION.

(4) A FACILITIES RENTAL FEE CHARGED TO THE CYBER CHARTER SCHOOL AND THE PAYMENT OF THE FEE SHALL BE IN COMPLIANCE WITH THE FACILITY RENTAL POLICY OF THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION THAT APPLIES GENERALLY TO ALL ORGANIZATIONS AND COMMUNITY GROUPS GIVEN ACCESS TO FACILITIES OF THE SCHOOL DISTRICT, INTERMEDIATE UNIT, COMMUNITY COLLEGE OR INSTITUTION UNDER A RENTAL AGREEMENT.

SECTION 23.

SECTION 1725-A(A) OF THE ACT IS AMENDED BY ADDING A PARAGRAPH TO READ:

SECTION 1725-A.

FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING 20230SB0700PN1816 - 44 - FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER:

* * * (7) BEGINNING NOVEMBER 1, 2024, AND EACH YEAR THEREAFTER, EACH SCHOOL DISTRICT SHALL REPORT THE PER-STUDENT AMOUNT TO BE PAID AND THE COMPONENT FINANCIAL DATA USED TO CALCULATE THE PER- STUDENT AMOUNT TO BE PAID IN CLAUSES (2) AND (3) AND SECTION 1725.1-A FOR THE CURRENT SCHOOL YEAR IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT.

ANY SUBSEQUENT REVISION TO THE INFORMATION REPORTED UNDER THIS CLAUSE SHALL BE REPORTED TO THE DEPARTMENT WITHIN FIFTEEN (15) DAYS OF THE REVISION.

THE DEPARTMENT SHALL POST THE INFORMATION RECEIVED UNDER THIS CLAUSE WITHIN THIRTY (30) DAYS OF RECEIPT IN AN ELECTRONIC FORMAT ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

* * * SECTION 24.

THE ACT IS AMENDED BY ADDING A SECTION 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), PER-STUDENT FUNDING AMOUNTS FOR 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, 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 20230SB0700PN1816 - 45 - 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).

SECTION 25.

SECTION 1748-A(A)(1) AND (C) OF THE ACT ARE AMENDED TO READ:

SECTION 1748-A.

ENROLLMENT AND NOTIFICATION.

(A) NOTICE TO SCHOOL DISTRICT.-- (1) WITHIN [15] 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).

* * * (C) WITHDRAWAL.--THE CYBER CHARTER SCHOOL AND THE PARENT OR GUARDIAN OF A STUDENT ENROLLED IN A CYBER CHARTER SCHOOL SHALL PROVIDE WRITTEN NOTIFICATION TO THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE WITHIN [15] 10 DAYS FOLLOWING THE WITHDRAWAL OF A STUDENT FROM THE CYBER CHARTER SCHOOL.

SECTION 26.