Special Provisions Applicable to 2020-2021 20200SB1216PN2126 - 3 - School Year.--(a) Beginning on the effective date of this subsection and notwithstanding any other provision of law to the contrary, the Secretary of Education may do any or all of the following:

(1) Waive the requirement to satisfactorily complete the assessment of basic skills required under section 1207.3 and 22 Pa.

Code § 49.18(c) (relating to assessment) during the 2020- 2021 school year.

This paragraph shall expire June 30, 2021.

(2) Issue a temporary provisional certificate to an educator who has completed a preparation program and meets all requirements for certification except the satisfactory completion of the assessments required pursuant to 22 Pa.

Code § 49.18(c) because the assessments were canceled or could not be scheduled.

A temporary provisional certificate issued under this paragraph shall expire after one year of issuance and may be converted to a Level I Pennsylvania certificate upon submission of evidence of satisfactory completion of the required assessments to the Department of Education.

This paragraph shall expire on June 30, 2021.

(3) Issue an exceptional case permit for a professional employe at the request of a school entity that employs the professional employe who completed the final year of Level I Pennsylvania certificate validity in the 2019-2020 school year and who was unable to complete the assessment requirements for conversion to a Level II Pennsylvania certificate under 22 Pa.

Code § 49.18(a)(2)(iii) because the assessments were canceled or could not be scheduled.

The exceptional case permit shall expire one year from the date of issuance.

This paragraph shall expire June 30, 2021.

(4) Issue a temporary certificate to an individual who is 20200SB1216PN2126 - 4 - unable to complete the appropriate subject matter test for areas other than health and physical education, cooperative education, all special education areas and additional areas as may be determined by the Department of Education under 22 Pa.

Code § 49.18(e) when the Department of Education determines that the relevant assessment has been canceled or could not be scheduled.

An individual who provides evidence as required by the Department of Education indicating that the individual attempted to access testing and was denied registration may be eligible for issuance of a temporary certificate under this paragraph.

The temporary certificate shall expire one year from the date of issuance and may be converted to a full instructional certificate by providing proof of satisfactory achievement on the required test to the Department of Education.

This paragraph shall expire June 30, 2021.

(5) EXTEND AN EMERGENCY PERMIT ISSUED UNDER 22 PA.

CODE § <-- 49.31 (RELATING TO CRITERIA FOR ELIGIBILITY) DURING THE 2020- 2021 SCHOOL YEAR AT THE REQUEST OF A SCHOOL ENTITY THAT EMPLOYS AN EMERGENCY PERMIT HOLDER WHEN AN EMPLOYE IS UNABLE TO COMPLETE THE REQUIREMENTS ASSOCIATED WITH THE PERMIT BECAUSE THE PROGRAM CREDITS OR ASSESSMENT COULD NOT BE COMPLETED OR SCHEDULED.

THE EXTENDED EMERGENCY PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF EXTENSION.

THIS PARAGRAPH SHALL EXPIRE JUNE 30, 2021.

(5) (6) The following provisions relating to testing shall <-- apply:

(i) The Secretary of Education may waive the NIMS assessment and the NOCTI exam on a school-wide basis or for a specific career and technical education program provided by a school entity based on the recommendations of directors of career and technical education programs under 22 Pa.

Code Ch.

339 (relating 20200SB1216PN2126 - 5 - to vocational education).

The recommendations shall account for the length of time a career and technical center was open for in-person student instruction and the subject matter of the program affected.

(ii) The Secretary of Education shall waive the requirement to include performance data otherwise required under section 1123(b)(1)(ii) in a professional employe's performance rating under section 1123.

(b) Beginning on the effective date of this subsection and notwithstanding any other provision of law to the contrary, the deadline by which any paraprofessional employed by a school entity as of March 13, 2020, must satisfy staff development activity hour requirements under 22 Pa.

Code § 14.105 (relating to personnel) shall be extended until June 30, 2021.

This subsection shall expire one year from the effective date of this subsection.

(c) The following provisions relating to testing of students <-- shall apply:

(1) Notwithstanding section 2604-B(b)(2)(v) or 22 Pa.

Code § 4.24 (relating to high school graduation requirements), 4.51 (relating to State assessment system) or 4.51c (relating to project-based assessment), or any statute or regulation to the contrary, the use of the Keystone Exams as a State or local graduation requirement or as a benchmark for the need for participation in a project-based assessment shall be delayed until the 2022-2023 school year.

(2) The Secretary of Education shall MAY apply to the United <-- States Department of Education for a waiver of the testing and accountability requirements of the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C.

§ 6301 et 20200SB1216PN2126 - 6 - seq.), as amended by the Every Student Succeeds Act (Public Law 114-95, 129 stat.

1802), if the United States Department of Education provides an opportunity to apply for such a waiver for the 2020-2021 school year.

THIS PARAGRAPH MAY NOT BE CONSTRUED <-- TO INCLUDE THE POWER OF THE SECRETARY OF EDUCATION TO SEEK A WAIVER FOR FUTURE SCHOOL YEARS WITHOUT LEGISLATIVE APPROVAL.

(3) For the 2019-2020 school year and any subsequent school <-- year in which the Federal Government has waived the testing and accountability requirements of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, any student who completed a course in an academic content area associated with a Keystone Exam shall not be required to take the Keystone Exam related to that course and shall be deemed proficient for purposes of sections 121 and 2604-B(b)(2) (v) and 22 Pa.

Code § 4.24, provided the student demonstrates successful completion of locally established, grade-based requirements for the academic content areas associated with each Keystone Exam.

(4) Notwithstanding the provisions of 22 Pa.

Code § 4.4(d) (3) (relating to general policies), a parent or guardian of a student enrolled in the 2019-2020 or 2020-2021 school year in a grade or course in an academic content area for which an assessment is typically required may elect to opt-out of the assessment.

The following shall apply:

(i) A parent or guardian who elects to opt-out of an assessment under this paragraph shall not be required to adhere to the procedures set forth under 22 Pa.

Code § 4.4(d)(4).

(ii) Within thirty (30) days of the effective date of this paragraph, a school entity shall notify its students and their parents or guardians that the parents or guardians may opt-out 20200SB1216PN2126 - 7 - of an assessment under this paragraph.

(iii) A parent or guardian of a student who elects to opt- out of an assessment under this paragraph shall notify a school entity in writing of the decision to opt-out of the assessment.

(iv) A school entity may not impose negative consequences on a student, including, but not limited to, the denial of a high school diploma, based solely on the decision of the student's parent or guardian to opt-out of an assessment under this paragraph.

(v) A school entity or an employe of the school entity may not encourage a parent or guardian of a student to opt-out of an assessment under this paragraph or penalize a student or the student's parent or guardian for opting-out of an assessment under this paragraph.

Nothing in this subparagraph shall be construed to prohibit a school entity or an employe of the school entity from communicating with students or their parents or guardians regarding the option to opt-out of an assessment under this paragraph.

(vi) For the purposes of this paragraph, the term "assessment" shall include the Pennsylvania System of School Assessment test, a Keystone Exam or a test established by statute, regulation or the State Board of Education in accordance with section 2603-B or 2604-B, 22 Pa.

Code § 4.51 or the Every Student Succeeds Act (Public Law 114-95, 129 Stat.

1802).

Section 1361.1.

Nonpublic School Transportation for 2020- 2021 School Year.--(a) Although the current provisions of <-- section 1361 require school districts to provide for the transportation of students enrolled in nonpublic schools not operated for profit, the purpose of this section is to clarify 20200SB1216PN2126 - 8 - the current provisions of this article relating to the transportation of the students during the 2020-2021 school year during the COVID-19 disaster emergency.

(b) As it relates to the provision of transportation for nonpublic schools for the 2020-2021 school year, if transportation was provided during the 2019-2020 school year for pupils of nonpublic schools under section 1361(1), the board of school directors shall provide pupils of nonpublic school transportation on the dates and periods that the nonpublic school is in session according to the school calendar officially adopted by the nonpublic school whether or not transportation is provided on those dates and periods to students attending schools of the district.

(c) (B) As used in this section, the following words and <-- phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"COVID-19 disaster emergency." The proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B.

1644 (March 21, 2020), and any renewal of the proclamation of disaster emergency.

Section 4.

Section 1409 of the act is amended by adding a <-- subsection to read:

Section 1409.

Confidentiality, Transference and Removal of Health Records.--* * * (d) The following apply:

(1) The Department of Health or the local board or department of health shall report to a school entity any positive or presumptive case of COVID-19 that occurs in a student or an employee of a school entity, in a provider of services or contractor who works at the school entity or in an 20200SB1216PN2126 - 9 - individual who volunteers at the school entity, including any individual who coaches or advises an extracurricular activity sponsored by the school entity.

Within twenty-four (24) hours of receipt of the information of a positive case of COVID-19 in an employee, a student, a contractor or a volunteer of the school entity under this paragraph, the school entity shall notify employees, contractors, volunteers and the parents of the students who work, volunteer or receive instruction in the same school building or on the same school property as the COVID-19- positive employee, contractor, volunteer or student of the existence of the COVID-19-positive employee, contractor, volunteer or student.

The school entity shall provide educational support to students who are not permitted to receive instruction at the school entity due to a positive or presumptive case of COVID-19 within the school entity.

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

"COVID-19" means the novel coronavirus as identified in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B.

1644 (March 21, 2020), and any renewal of the state of disaster emergency.

"Local board or department of health" has the meaning given in section 2(f) of the act of April 23, 1956 (1955 P.L.1510, No.500), known as the "Disease Prevention and Control Law of 1955." "School entity" means any school district, intermediate unit, career and technical center, charter school, regional charter school, cyber charter school, private or nonpublic school.

SECTION 5.

SECTION 1501.8(A) OF THE ACT, ADDED MARCH 27, <-- 2020 (P.L.62, NO.13), IS AMENDED AND THE SECTION IS AMENDED BY 20200SB1216PN2126 - 10 - ADDING A SUBSECTION TO READ:

SECTION 1501.8.

PANDEMIC OF 2020.--(A) [THIS] EXCEPT AS PROVIDED IN SUBSECTION (M.1), THIS SECTION APPLIES ONLY TO THE 2019-2020 SCHOOL YEAR AS A RESULT OF THE GLOBAL PANDEMIC DECLARED BY THE WORLD HEALTH ORGANIZATION ON MARCH 11, 2020.

* * * (M.1) NOTWITHSTANDING SUBSECTION (A):

(1) THE FOLLOWING APPLY TO THE 2020-2021 SCHOOL YEAR AS A RESULT OF THE COVID-19 DISASTER EMERGENCY:

(I) NOTWITHSTANDING THE PROVISIONS OF THIS ACT, A SCHOOL ENTITY SHALL RECEIVE A PUPIL TRANSPORTATION SUBSIDY PAYMENT EQUAL TO THE GREATER OF THE AMOUNT CALCULATED FOR REIMBURSEMENT OR THE AMOUNT ALLOCATED TO THE SCHOOL ENTITY FOR THE PRIOR SCHOOL YEAR.

(II) TO RECEIVE A PUPIL TRANSPORTATION SUBSIDY PAYMENT EQUAL TO THE AMOUNT ALLOCATED TO THE SCHOOL ENTITY FOR THE PRIOR SCHOOL YEAR, A SCHOOL ENTITY THAT CONTRACTS FOR SCHOOL BUS TRANSPORTATION SERVICES SHALL PAY THE SCHOOL BUS TRANSPORTATION CONTRACTOR FOR THE SCHOOL YEAR IN AN AMOUNT THAT THE SCHOOL BUS TRANSPORTATION CONTRACTOR WOULD HAVE RECEIVED FROM THE SCHOOL ENTITY HAD SCHOOL BUS TRANSPORTATION SERVICES NOT BEEN SO AFFECTED BY THE COVID-19 DISASTER EMERGENCY MINUS THE AMOUNT OF ANY VARIABLE COSTS PROVIDED THE SCHOOL BUS TRANSPORTATION CONTRACTOR CERTIFIES THE VARIABLE COSTS TO THE SCHOOL DISTRICT.

(III) THE DEPARTMENT OF EDUCATION SHALL DEVELOP AND PUBLISH GUIDELINES ON VARIABLE COSTS IN CONSULTATION WITH THE PENNSYLVANIA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS, THE PENNSYLVANIA SCHOOL BOARDS ASSOCIATION AND THE PENNSYLVANIA SCHOOL BUS ASSOCIATION WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.

20200SB1216PN2126 - 11 - (2) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "VARIABLE COSTS" MEANS THE DIFFERENCE BETWEEN COSTS FOR LABOR, FUEL, TOLLS, MAINTENANCE AND OTHER EXPENSES AS DETERMINED BY THE DEPARTMENT DURING NORMAL OPERATIONS OF SCHOOL BUS TRANSPORTATION AND THOSE SAME COSTS DURING THE COVID-19 DISASTER EMERGENCY.

* * * SECTION 6.

SECTION 2006-B(D) OF THE ACT IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 2006-B.

LIMITATIONS.

* * * (D) USE.--[A] SUBJECT TO SUBSECTION (D.1), A TAX CREDIT NOT USED BY THE APPLICANT IN THE TAXABLE YEAR THE CONTRIBUTION WAS MADE OR IN THE YEAR DESIGNATED BY THE SHAREHOLDER, MEMBER OR PARTNER TO WHOM THE CREDIT WAS TRANSFERRED UNDER SECTION 2005- B(E) MAY NOT BE CARRIED FORWARD OR CARRIED BACK AND IS NOT REFUNDABLE OR TRANSFERABLE.

(D.1) PANDEMIC RELIEF.-- (1) A TAX CREDIT AWARDED TO A BUSINESS FIRM DURING THE 2020-2021 OR 2021-2022 FISCAL YEAR THAT CANNOT BE USED BY THE BUSINESS FIRM DURING THE FISCAL YEAR IN WHICH AWARDED MAY BE CARRIED FORWARD AND USED DURING THE TWO TAXABLE YEARS FOLLOWING THE TAXABLE YEAR IN WHICH THE TAX CREDIT WAS AWARDED.

(2) TAX CREDITS THAT ARE CARRIED FORWARD UNDER THIS SUBSECTION SHALL NOT DIMINISH THE TOTAL AMOUNT OF TAX CREDITS THAT MAY OTHERWISE BE AWARDED TO A BUSINESS FIRM UNDER SECTION 2005-B OR THAT MAY BE AWARDED TO ALL BUSINESS FIRMS IN THE AGGREGATE UNDER SUBSECTION (A).

* * * Section 5 7.

This act shall take effect as follows:

<-- 20200SB1216PN2126 - 12 - (1) The amendment of section 1202.1(a) shall take effect in 60 days.

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

20200SB1216PN2126 - 13 -