SB 2 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for education savings account; and conferring powers and imposing duties on the Department of Education and the State Treasury.

PRIOR PRINTER'S NO.

1271 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

17762 THE2017 GENERALINTRODUCED ASSEMBLYBY OFDiSANTO, PENNSYLVANIASCARNATI, SENATEEICHELBERGER, BILLARGALL, SessionALLOWAY, MENSCH, AUMENT, BAKER, BARTOLOTTA, FOLMER, KILLION, MARTIN, McGARRIGLE, RAFFERTY, REGAN, RESCHENTHALER, SCAVELLO, STEFANO, WAGNER, WARD AND WHITE, OCTOBER 18, 2017 REFERRED TO EDUCATION, OCTOBER 18, 2017 AN ACT Amending the act of No.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 laws relating thereto," providing for education savings the account;

2 2017 INTRODUCED BY DiSANTO, SCARNATI, EICHELBERGER, ARGALL, ALLOWAY, AUMENT, BAKER, BARTOLOTTA, FOLMER, MARTIN, RAFFERTY, REGAN, RESCHENTHALER, STEFANO, WAGNER, WHITE AND KILLION, OCTOBER 18, 2017 SENATOR EICHELBERGER, EDUCATION, AS AMENDED, MAY 22, 2018 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 laws relating thereto," providing for education savings the account;

"Low-achieving public school." A public school that ranked in the lowest 15% of the school's designation as an elementary school or a secondary school based on combined mathematics and reading scores from the annual assessment STATE ACHIEVEMENT TEST <-- administered in the previous school year and for which the department has posted results on its publicly accessible Internet website.

(2) An individual in this Commonwealth who has control or charge of a school-age child and the legal right to direct 20170SB0002PN177620170SB0002PN1271 - 2 - the education of the school-age child.

"STATE ACHIEVEMENT TEST." THE PENNSYLVANIA SYSTEM OF SCHOOL <-- ASSESSMENT TEST, THE KEYSTONE EXAM, AN EQUIVALENT LOCAL ASSESSMENT OR ANOTHER TEST ESTABLISHED OR APPROVED BY THE STATE BOARD OF EDUCATION OR THE GENERAL ASSEMBLY TO MEET THE REQUIREMENTS OF SECTION 2603-B(D)(10)(I), OR REQUIRED UNDER THE 20170SB0002PN1776 - 3 - EVERY STUDENT SUCCEEDS ACT (PUBLIC LAW 114-95, 129 STAT.

1802) OR ITS SUCCESSOR STATUTE OR ANOTHER TEST REQUIRED TO ACHIEVE OTHER STANDARDS ESTABLISHED BY THE DEPARTMENT FOR THE PUBLIC SCHOOL OR SCHOOL DISTRICT UNDER 22 PA.

CODE § 403.3 (RELATING TO SINGLE ACCOUNTABILITY SYSTEM).

20170SB0002PN1271 - 3 - Section 2003-H.

(1) resides within the attendance area of a low- <-- achieving public school and has been enrolled in a public school in this Commonwealth for not less than one full semester;

or (1)(3) RESIDESparticipated WITHINin THEthe ATTENDANCEprogram AREAin OFthe Aprior LOW-year <--and ACHIEVINGis PUBLICrenewing SCHOOLan AND:agreement under subsection (h) by filing an application with the department, in a manner and on a form provided by the department.

(I)(b) HASApplication BEENform.--The ENROLLEDform INmay Anot PUBLICexceed SCHOOLone INpage THISthat COMMONWEALTHmeasures FOR8.5 NOTinches LESSby THAN11 ONEinches FULLand SEMESTERmay IMMEDIATELYbe PRECEDINGfilled THEout ESTABLISHMENTand OFsubmitted ANthrough EDUCATIONthe SAVINGSdepartment's ACCOUNT;publicly accessible Internet website.

OR (II) IS ENTERING KINDERGARTEN OR THE FIRST GRADE;

OR (3) (2) participated in the program in the prior year <-- and is renewing an agreement under subsection (h) by filing an application with the department, in a manner and on a form provided by the department.

(b) Application form.--The form may not exceed one page that 20170SB0002PN1776 - 4 - measures 8.5 inches by 11 inches and may be filled out and submitted through the department's publicly accessible Internet website.

(3) The parent will receive a grant on behalf of the parent's child, in the form of money deposited under section 20170SB0002PN1271 - 4 - 2004-H in the education savings account.

20170SB0002PN1776 - 5 - (e) Term of agreement.--Except as otherwise provided under this article, an agreement entered into under subsection (c) shall be valid for one school year.

In such a case, money remaining 20170SB0002PN1271 - 5 - in the education savings account shall revert to the State Treasury and be used in the resident school district.

20170SB0002PN1776 - 6 - (j) Explanation.--Upon entering into or renewing an agreement under subsection (c), the department shall provide the parent with a written explanation of the authorized uses of the money in the education savings account and the responsibilities of the parent, the department and the State Treasury under the agreement and this article.

(K) APPLICATION AND RENEWAL PERIOD.-- <-- (1) A PARENT MAY APPLY OR SEEK RENEWAL BETWEEN JANUARY 1 AND APRIL 1 FOR THE FOLLOWING SCHOOL YEAR.

(2) THE DEPARTMENT SHALL NOTIFY PARENTS AND SCHOOL DISTRICTS OF APPROVED APPLICATIONS BY APRIL 30.

(2) For a special education student, the grant amount 20170SB0002PN1271 - 6 - shall be based on the category of disability by which the resident school district is required to categorize the student for the purpose of the report required under section 1372(8) as follows:

20170SB0002PN1776 - 7 - (iii) For a student in Category 3A and 3B, multiply the grant amount in paragraph (1) by 7.46.

(2) Subject to paragraph (3), money remaining in an 20170SB0002PN1271 - 7 - education savings account when an agreement entered into under section 2003-H is not renewed or is terminated shall revert to the resident school district.

After that time period, money remaining in the education 20170SB0002PN1776 - 8 - savings account shall revert to the General Fund.

20170SB0002PN1271 - 8 - (b) Prohibitions.--A participating entity that receives a payment for qualified education expenses authorized under subsection (a) may not:

(c) Refund.-A participating entity shall deposit a refund 20170SB0002PN1776 - 9 - for an item that is being returned or an item or service that has not been provided directly to the education savings account of the school-age child from which payment for the item or service was made.

(2) Nothing in this section shall be construed to prohibit a parent or school-age child from paying for qualified education expenses from a source other than the 20170SB0002PN1271 - 9 - education savings account.

(b) Penalties.--If the State Treasury determines that the money in an education savings account has been expended for an expense other than a qualified education expense under section 20170SB0002PN1776 - 10 - 2005-H(a), the State Treasury may do any of the following:

If the department accepts the application, the department, in consultation with the State Treasury, shall enter into a contract with the applicant specifying the rights and duties of 20170SB0002PN1271 - 10 - the parties relating to the program.

(d) Receipt.--Each participating entity that accepts payment from an education savings account shall provide a receipt to the 20170SB0002PN1776 - 11 - parent for the payment.

(3) If a school-age child is enrolled in a participating entity that is refused continued participation in the program 20170SB0002PN1271 - 11 - during the school year, the parent may use the education savings account to pay for the remainder of that school year's qualified education expenses, but may not use education savings account money to pay the participating entity until the participating entity is permitted to resume continued participation in the program.

(g) Limitation on tuition charges.--The tuition charged by a participating entity to a student with an education savings 20170SB0002PN1776 - 12 - account may not exceed the regular tuition charged to those similarly situated students for whom an education savings account does not exist.

(3) Collect and aggregate the test results and associated learning gains under paragraph (1) and graduation 20170SB0002PN1271 - 12 - rates for the school-age children participating in the program according to the grade level of each school-age child and shall post the information on the publicly accessible Internet website of the nonpublic school.,school. IF THE NUMBER OF <-- CHILDREN MEETS THE MINIMUM NUMBER REQUIRED BY THE DEPARTMENT FOR REPORTING OF PUBLIC SCHOOL SCORES.

(b) Exception.-- (1) If a school-age child for whom an education savings 20170SB0002PN1776 - 13 - account exists is not enrolled in a full-time education program at a nonpublic school, the parent shall ensure the participating student is administered a State achievement test or nationally norm-referenced test.

20170SB0002PN1271 - 13 - Section 2010-H.

The department shall annually require the resident school <-- district of each school-age child participating in the program to provide the child's education records to the participating entity.

(A) GENERAL RULE.--A RESIDENT SCHOOL DISTRICT SHALL PROVIDE <-- 20170SB0002PN1776 - 14 - A PARTICIPATING ENTITY THAT HAS ADMITTED AN ELIGIBLE STUDENT PARTICIPATING IN THE PROGRAM WITH A COMPLETE COPY OF THE STUDENT'S DISCIPLINARY RECORD AT THE REQUEST OF THE PARTICIPATING ENTITY.

(B) TIME PERIOD.--THE RESIDENT SCHOOL DISTRICT SHALL SUPPLY A CERTIFIED COPY OF THE STUDENT'S DISCIPLINARY RECORD, NOT LATER THAN 10 DAYS AFTER RECEIPT OF THE REQUEST, SUBJECT TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC LAW 90-247, 20 U.S.C.