PRIOR PRINTER'S NOS. 1136, 1305, 1628,        PRINTER'S NO. 1878
        1755

        INTRODUCED BY LEWIS, ALLEN, M. BAKER, BELARDI, BROWNE, BUNT,
           CALTAGIRONE, L. I. COHEN, M. COHEN, COLAFELLA, COLEMAN,
           DALEY, DALLY, DeLUCA, FLICK, FRANKEL, GEIST, GEORGE, GRUCELA,
           HALUSKA, HENNESSEY, HERMAN, KAISER, LAUGHLIN, MACKERETH,
           MANN, MARSICO, McILHATTAN, McNAUGHTON, MELIO, R. MILLER,
           MYERS, PIPPY, PISTELLA, RAYMOND, RUBLEY, SAINATO, SAYLOR,
           SCHRODER, SCRIMENTI, SEMMEL, SHANER, SOLOBAY, STAIRS,
           E. Z. TAYLOR, J. TAYLOR, TRELLO, WANSACZ, YOUNGBLOOD,
           STEELMAN, BASTIAN, THOMAS, CIVERA AND BARD, MARCH 14, 2001

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           MAY 7, 2001

                                     AN ACT

     1  Authorizing payments to certain entities for the purchase of      <--
     2     automatic external defibrillators; providing for powers and
     3     duties of the Department of Education; requiring certain
     4     training; and providing for civil immunity for certain users
     5     of automated external defibrillators.
     6  AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN  <--
     7     ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
     8     PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
     9     SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
    10     LAWS RELATING THERETO," PROVIDING FOR THE ESTABLISHMENT OF
    11     INDEPENDENT SCHOOLS; FURTHER PROVIDING FOR CONTRACTS WITH
    12     PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTIONS; PROVIDING
    13     FOR PROFESSIONAL TEACHER ASSESSMENT, FOR AUTOMATIC EXTERNAL
    14     DEFIBRILLATORS, FOR AN EDUCATION SUPPORT SERVICES PROGRAM AND
    15     FOR AN EDUCATIONAL IMPROVEMENT TAX CREDIT; AND FURTHER
    16     PROVIDING FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL DISTRICTS.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19  Section 1.  Short title.                                          <--
    20     This act shall be known and may be cited as the School

     1  Automatic External Defibrillator Access Act.
     2  Section 2.  Declaration of policy.
     3     The General Assembly finds and declares as follows:
     4         (1)  A number of school-age students and adults in this
     5     Commonwealth have been tragically stricken with sudden
     6     cardiac arrest while in school or participating in school-
     7     sponsored activities.
     8         (2)  In recent years, the use of automated external
     9     defibrillators has been proven to strengthen the chain of
    10     survival for cardiac arrest victims.
    11         (3)  It is important for the Commonwealth to ensure that
    12     school buildings are equipped with automatic external
    13     defibrillators and staffed with personnel trained to use the
    14     devices.
    15  Section 3.  Definitions.
    16     The following words and phrases when used in this act shall
    17  have the meanings given to them in this section unless the
    18  context clearly indicates otherwise:
    19     "Automated external defibrillator."  A portable device that
    20  uses electric shock to restore a stable heart rhythm to an
    21  individual in cardiac arrest.
    22     "Department."  The Department of Education of the
    23  Commonwealth.
    24     "School entity."  An area vocational-technical school, a
    25  charter school, an intermediate unit or a school district.
    26     "Secretary."  The Secretary of Education of the Commonwealth.
    27  Section 4.  Automatic external defibrillator wholesale purchase
    28                 program.
    29     (a)  Establishment.--The department shall establish an
    30  automatic external defibrillator wholesale purchase program to
    20010H0996B1878                  - 2 -

     1  help ensure that school entities have automatic external
     2  defibrillators available for use in school buildings where
     3  classes or school-sponsored activities routinely occur. Under
     4  the program, the department shall pay to a school entity an
     5  amount not less than 50% of the school entity's cost to purchase
     6  up to one automatic external defibrillator per building.
     7     (b)  Statewide contract.--The department shall issue an
     8  invitation to bid for the cost of automatic external
     9  defibrillators and shall enter into a contract with the
    10  successful bidder that permits any school entity to receive the
    11  contract price for the devices from the successful bidder.
    12     (c)  Eligibility for program.--To be eligible for payment
    13  under the automatic external defibrillator wholesale purchase
    14  program a school entity must:
    15         (1)  Employ three or more persons who are assigned to the
    16     respective building where the automatic external
    17     defibrillator will be primarily housed and who are trained to
    18     use the device.
    19         (2)  Ensure that the device will be secured in a safe and
    20     readily accessible location within the school building with
    21     the appropriate supplies and agree to properly maintain and
    22     inspect the device as recommended by the department in
    23     consultation with the American Heart Association and the
    24     Department of Health.
    25         (3)  Submit a valid prescription for the device from a
    26     licensed medical practitioner in this Commonwealth.
    27         (4)  Purchase the device through the Statewide contract
    28     authorized under subsection (b).
    29         (5)  Agree to provide the training required by section 5.
    30     (d)  Voluntary nature of program.--No school entity shall be
    20010H0996B1878                  - 3 -

     1  required to participate in the automatic external defibrillator
     2  wholesale purchase program.
     3  Section 5.  Training.
     4     (a)  General rule.--All school personnel who are expected to
     5  use automated external defibrillators shall complete training in
     6  cardiopulmonary resuscitation and in the use of an automated
     7  external defibrillator provided by the American Heart
     8  Association, the American Red Cross or through an equivalent
     9  course of instruction approved by the Department of Health in
    10  consultation with a technical committee of the Pennsylvania
    11  Emergency Health Services Council.
    12     (b)  Part of continuing education plan.--A school entity may
    13  include the training in its continuing education plan submitted
    14  to the department under section 1205.1 of the act of March 10,
    15  1949 (P.L.30, No.14), known as the Public School Code of 1949.
    16  Section 6.  Nonpublic schools.
    17     (a)  Establishment.--To the extent that funds are available
    18  beginning February 1, 2002, from the appropriation made under
    19  section 10, the department shall establish a program to furnish
    20  automatic external defibrillators to nonpublic schools through
    21  the Commonwealth's intermediate units.
    22     (b)  Eligibility for program.--To be eligible to receive an
    23  automatic external defibrillator from an intermediate unit, a
    24  nonpublic school must:
    25         (1)  Employ three or more persons who are assigned to the
    26     respective building where the automatic external
    27     defibrillator will be primarily housed and who are trained to
    28     use the device.
    29         (2)  Ensure that the device will be secured in a safe and
    30     readily accessible location within the school building with
    20010H0996B1878                  - 4 -

     1     the appropriate supplies and agree to properly maintain and
     2     inspect the device as recommended by the department in
     3     consultation with the American Heart Association and the
     4     Department of Health of this Commonwealth.
     5         (3)  Submit a valid prescription for the device from a
     6     licensed medical practitioner in this Commonwealth.
     7         (4)  Agree to provide the training required by section 5.
     8     (c)  Voluntary nature of program.--No nonpublic school shall
     9  be required to participate in the automatic external
    10  defibrillator wholesale purchase program.
    11  Section 7.  Civil immunity for users of automated external
    12                 defibrillators.
    13     The provisions of 42 Pa.C.S. § 8331.2 (relating to good
    14  Samaritan civil immunity for use of automatic external
    15  defibrillator) shall apply to all school employees who have
    16  received training as required under section 5 and who render
    17  care with an automated external defibrillator while in the scope
    18  of their employment.
    19  Section 8.  Report.
    20     No later than June 30, 2002, the secretary shall submit a
    21  report to the General Assembly describing the effectiveness of
    22  the act in outfitting the Commonwealth's schools with automatic
    23  external defibrillators.
    24  Section 9.  Regulations.
    25     The department may promulgate regulations as necessary to
    26  administer this act.
    27  Section 10.  Effective date.
    28     This act shall take effect on July 1, 2001, or immediately,
    29  whichever is later.
    30     SECTION 1.  THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN   <--
    20010H0996B1878                  - 5 -

     1  AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A
     2  SECTION TO READ:
     3     SECTION 502.1.  ESTABLISHMENT OF INDEPENDENT SCHOOLS.--(A)  A
     4  SCHOOL DISTRICT MAY, UPON APPROVAL OF THE BOARD OF SCHOOL
     5  DIRECTORS, DESIGNATE ANY SCHOOL OF THE DISTRICT AS AN
     6  INDEPENDENT SCHOOL OPERATING UNDER AN AGREEMENT WITH THE BOARD
     7  OF SCHOOL DIRECTORS THAT GRANTS OPERATIONAL CONTROL TO THE
     8  GOVERNING BODY OF THE INDEPENDENT SCHOOL. THE GOVERNING BODY OF
     9  THE INDEPENDENT SCHOOL, INCLUDING ITS COMPOSITION, MEMBERSHIP
    10  AND SELECTION PROCESS, SHALL BE ESTABLISHED BY THE BOARD OF
    11  SCHOOL DIRECTORS. THE GOVERNING BODY SHALL INCLUDE
    12  REPRESENTATIVES OF PARENTS AND TEACHERS. THE BOARD OF SCHOOL
    13  DIRECTORS SHALL CONSIDER RECOMMENDATIONS FROM TEACHERS OR
    14  PARENTS REGARDING THE COMPOSITION OF THE GOVERNING BODY. TEACHER
    15  REPRESENTATIVES SHALL BE SELECTED BY A VOTE OF TEACHERS EMPLOYED
    16  IN THE SCHOOL BEING DESIGNATED AS AN INDEPENDENT SCHOOL. THE
    17  GOVERNING BODY OF A SCHOOL DESIGNATED AS AN INDEPENDENT SCHOOL
    18  UNDER THIS SECTION SHALL HAVE THE AUTHORITY TO DECIDE ALL
    19  MATTERS RELATED TO THE OPERATION OF THE SCHOOL, PURSUANT TO THE
    20  AGREEMENT ESTABLISHED IN SUBSECTION (B).
    21     (B)  THE AGREEMENT BETWEEN THE BOARD OF SCHOOL DIRECTORS AND
    22  THE GOVERNING BODY OF THE INDEPENDENT SCHOOL SHALL:
    23     (1)  DESCRIBE THE GOVERNANCE STRUCTURE OF THE INDEPENDENT
    24  SCHOOL.
    25     (2)  PRESCRIBE THE EDUCATIONAL GOALS AND MISSION OF THE
    26  INDEPENDENT SCHOOL AND THE CURRICULUM TO BE OFFERED.
    27     (3)  DESCRIBE THE ACADEMIC, FISCAL AND OTHER GOALS AND
    28  OBJECTIVES FOR WHICH THE INDEPENDENT SCHOOL WILL BE HELD
    29  ACCOUNTABLE AND THE EVALUATION CRITERIA AND PROCEDURES THAT WILL
    30  BE EMPLOYED TO DETERMINE IF THAT SCHOOL IS MEETING ITS GOALS AND
    20010H0996B1878                  - 6 -

     1  OBJECTIVES.
     2     (4)  GRANT THE INDEPENDENT SCHOOL ALLOCATION OF, AND CONTROL
     3  OVER, ITS FUNDING AND BUDGET. THE INDEPENDENT SCHOOL'S FUNDING
     4  SHALL BE DETERMINED BY THE AGREEMENT.
     5     (5)  GRANT THE INDEPENDENT SCHOOL CONTROL OF ITS EDUCATIONAL
     6  PROGRAM AND CURRICULUM.
     7     (6)  PRESCRIBE THE AUTHORITY OF THE INDEPENDENT SCHOOL TO
     8  ESTABLISH WORKING CONDITIONS, SELECT AND ASSIGN PROFESSIONAL AND
     9  NONPROFESSIONAL EMPLOYES INCLUDING AUTHORITY TO APPLY SECTION
    10  1724-A AS IT PERTAINS TO CERTIFICATION, ESTABLISH NONTEACHING
    11  DUTIES, EXTEND THE LENGTH OF THE SCHOOL YEAR AND SCHEDULE OF THE
    12  SCHOOL DAY, INCLUDING HOLDING CLASS AFTER REGULAR HOURS.
    13     (7)  DEFINE THE TERMS BY WHICH THE AGREEMENT MAY BE
    14  TERMINATED, MODIFIED, EXTENDED OR RENEWED.
    15     (8)  AN INDEPENDENT SCHOOL AGREEMENT SHALL BE FOR A PERIOD OF
    16  NO LESS THAN THREE (3) NOR MORE THAN FIVE (5) YEARS, AND MAY BE
    17  RENEWED FOR FIVE (5) YEAR PERIODS UPON REAUTHORIZATION BY THE
    18  BOARD OF SCHOOL DIRECTORS.
    19     (C)  EMPLOYES ASSIGNED TO AN INDEPENDENT SCHOOL SHALL BE
    20  EMPLOYES OF THE SCHOOL DISTRICT.
    21     (D)  INDEPENDENT SCHOOLS SHALL BE SUBJECT TO THE FOLLOWING:
    22     SECTIONS 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
    23  510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 771,
    24  776, 777, 808, 809, 810, 1006, 1109, 1111, 1112(A), 1310, 1317,
    25  1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A, 1513, 1517,
    26  1518, 1521, 1523, 1547, 2014-A, 2513, ARTICLE XI EXCEPT AS
    27  LIMITED BY SUBSECTION (B)(6), ARTICLE XII EXCEPT AS LIMITED BY
    28  SUBSECTION (B)(6), AND ARTICLES XIII-A AND XIV.
    29     ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS THE
    30  "PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT."
    20010H0996B1878                  - 7 -

     1     ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED "AN ACT
     2  PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY PERSONS
     3  ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN DANGERS IN
     4  SCHOOLS, COLLEGES AND UNIVERSITIES."
     5     SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965 P.L.1546,
     6  NO.541), REFERRED TO AS THE HIGHER EDUCATION SCHOLARSHIP LAW.
     7     ACT OF JULY 12, 1972 (P.L.765, NO.181), ENTITLED "AN ACT
     8  RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE, PROVIDING FOR
     9  PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL AGENCIES, OTHER
    10  PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR ORGANIZATIONS."
    11     ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175), KNOWN AS THE
    12  "ANTIHAZING LAW."
    13     THE FOLLOWING PROVISIONS OF 22 PA. CODE:
    14     SECTION 4.4 (RELATING TO GENERAL POLICIES).
    15     SECTION 4.26 (RELATING TO ESOL).
    16     CHAPTER 4 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT).
    17     CHAPTER 11 (RELATING TO PUPIL ATTENDANCE).
    18     CHAPTER 12 (RELATING TO STUDENTS).
    19     CHAPTER 14 (RELATING TO SPECIAL EDUCATION SERVICES AND
    20  PROGRAMS).
    21     CHAPTER 16 (RELATING TO GIFTED EDUCATION).
    22     SECTION 32.3 (RELATING TO ASSURANCES).
    23     SECTION 121.3 (RELATING TO DISCRIMINATION PROHIBITED).
    24     SECTION 235.4 (RELATING TO PRACTICES).
    25     SECTION 235.8 (RELATING TO CIVIL RIGHTS).
    26     (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE
    27  OR PREEMPT ANY PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT
    28  IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
    29     (F)  THE DEPARTMENT MAY AWARD GRANTS FOR THE CONVERSION OF
    30  SCHOOLS TO INDEPENDENT SCHOOLS. THE TOTAL AMOUNT OF GRANTS
    20010H0996B1878                  - 8 -

     1  AWARDED SHALL BE LIMITED TO FUNDS APPROPRIATED FOR THIS PURPOSE.
     2  GRANT APPLICATIONS SHALL BE FILED IN ACCORDANCE WITH PROCEDURES
     3  DEVELOPED BY THE DEPARTMENT.
     4     SECTION 2.  SECTION 914.1-A OF THE ACT, AMENDED OR ADDED
     5  APRIL 6, 1980 (P.L.86, NO.30), DECEMBER 17, 1982 (P.L.1378,
     6  NO.316), JUNE 29, 1984 (P.L.438, NO.93), JULY 11, 1996 (P.L.633,
     7  NO.107) AND NOVEMBER 23, 1999 (P.L.529, NO.48), IS AMENDED TO
     8  READ:
     9     SECTION 914.1-A.  CONTRACTS WITH PRIVATE RESIDENTIAL
    10  REHABILITATIVE INSTITUTIONS; CERTAIN CRITERIA IN DEPARTMENT
    11  AUDITS.--(A)  INTERMEDIATE UNITS AND LOCAL SCHOOL DISTRICTS
    12  SHALL HAVE THE POWER TO CONTRACT WITH PRIVATE RESIDENTIAL
    13  REHABILITATIVE INSTITUTIONS FOR EDUCATIONAL SERVICES TO BE
    14  PROVIDED TO CHILDREN AS PART OF ANY REHABILITATIVE PROGRAM
    15  REQUIRED IN CONJUNCTION WITH THE PLACEMENT OF A CHILD IN ANY
    16  SUCH INSTITUTION OR IN A DAY TREATMENT PROGRAM OF THAT
    17  INSTITUTION PURSUANT TO A PROCEEDING UNDER 42 PA.C.S. CH. 63
    18  (RELATING TO JUVENILE MATTERS).
    19     (B)  [THE] REIMBURSEMENT FOR EDUCATIONAL SERVICES SHALL BE
    20  DETERMINED AS FOLLOWS:
    21     (1)  FOR PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTIONS THAT
    22  HAD FIVE HUNDRED (500) OR FEWER PENNSYLVANIA RESIDENT FULL-TIME
    23  EQUIVALENT STUDENTS IN THE SCHOOL YEAR 1998-1999, FOR SCHOOL
    24  YEAR 1999-2000 AND EACH SCHOOL YEAR THEREAFTER, THE COST OF THE
    25  EDUCATIONAL SERVICES AS PROVIDED IN SUBSECTION (C) SHALL BE
    26  DETERMINED UNDER SECTION 2561(6) OF THIS ACT. [IF THE SCHOOL
    27  DISTRICT OF RESIDENCE OF THE CHILD CANNOT BE DETERMINED, THE
    28  COSTS SHALL BE BORNE BY THE DEPARTMENT OF EDUCATION.] THE
    29  DEPARTMENT SHALL PROMULGATE AUDIT STANDARDS WHICH SHALL BE USED
    30  BY THE CONTRACTING PARTIES IN DETERMINING THE ACTUAL COSTS WHICH
    20010H0996B1878                  - 9 -

     1  ARE SUBJECT TO REIMBURSEMENT TO THE PRIVATE RESIDENTIAL
     2  REHABILITATIVE INSTITUTION. THE AUDIT STANDARDS, PROMULGATED BY
     3  THE DEPARTMENT, SHALL SPECIFY AS REASONABLE COSTS ASSOCIATED
     4  WITH THE OPERATION OF THE EDUCATIONAL PROGRAM OFFERED.
     5     (2)  FOR PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTIONS THAT
     6  HAD MORE THAN FIVE HUNDRED (500) PENNSYLVANIA RESIDENT FULL-TIME
     7  EQUIVALENT STUDENTS IN THE SCHOOL YEAR 1998-1999, FOR THE SCHOOL
     8  YEAR 1999-2000 AND EACH SCHOOL YEAR THEREAFTER, THE COST SHALL
     9  BE DETERMINED BY MULTIPLYING SIX THOUSAND FOUR HUNDRED FIFTY
    10  DOLLARS AND FIFTY-NINE CENTS ($6,450.59) TIMES THE CUMULATIVE
    11  PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN
    12  CONSUMERS FROM THE 1998-1999 SCHOOL YEAR, TIMES THE NUMBER OF
    13  PENNSYLVANIA RESIDENT FULL-TIME EQUIVALENT STUDENTS, WITHIN THE
    14  LIMITATIONS OF SUBSECTION (C).
    15     (3)  THE DEPARTMENT SHALL EFFECTUATE NECESSARY PROCEDURES FOR
    16  THE TRANSFER OF FUNDS FROM THE SCHOOL DISTRICT OF RESIDENCE TO
    17  THE SCHOOL DISTRICT OR INTERMEDIATE UNIT IN WHICH THE PRIVATE
    18  RESIDENTIAL REHABILITATIVE INSTITUTION IS LOCATED. IN
    19  EFFECTUATING THE TRANSFER OF FUNDS, THE DEPARTMENT MAY DEDUCT
    20  THE APPROPRIATE AMOUNT FROM THE BASIC INSTRUCTIONAL SUBSIDY OF
    21  ANY SCHOOL DISTRICT WHICH HAD RESIDENT STUDENTS THAT WERE
    22  PROVIDED EDUCATIONAL SERVICES BY A PRIVATE RESIDENTIAL
    23  REHABILITATIVE INSTITUTION. IF THE SCHOOL DISTRICT OF RESIDENCE
    24  OF THE CHILD CANNOT BE DETERMINED, THE COSTS SHALL BE BORNE BY
    25  THE DEPARTMENT OF EDUCATION.
    26     (C)  FOR THE PURPOSE OF THIS SECTION, A "PRIVATE RESIDENTIAL
    27  REHABILITATIVE INSTITUTION" MEANS A FACILITY, OTHER THAN ONE
    28  OPERATED BY A PUBLIC AGENCY, WHICH AS OF DECEMBER 31, 1977
    29  PROVIDED TO JUVENILES LEGALLY COMMITTED THERETO OR LEGALLY
    30  COMMITTED TO A DAY TREATMENT PROGRAM OF THAT INSTITUTION
    20010H0996B1878                 - 10 -

     1  PURSUANT TO A PROCEEDING UNDER THE ACT OF DECEMBER 6, 1972
     2  (P.L.1464, NO.333), KNOWN AS THE "JUVENILE ACT," EDUCATIONAL
     3  SERVICES AS PART OF A TOTAL REHABILITATIVE PACKAGE, FUNDED, AT
     4  LEAST IN PART, THROUGH CONTRACTUAL AGREEMENTS WITH THE COUNTY OF
     5  WHICH EACH CHILD IS A RESIDENT, WHEREBY THE INSTITUTION RECEIVED
     6  FROM THE COUNTY AN AMOUNT PER DIEM FOR EACH CHILD LEGALLY
     7  COMMITTED THERETO OR LEGALLY COMMITTED TO A DAY TREATMENT
     8  PROGRAM THEREOF. FOR THE PURPOSE OF THIS SECTION, EDUCATIONAL
     9  SERVICES SHALL BE DEFINED AS DIRECT EXPENDITURES FOR INSTRUCTION
    10  AND THE ADMINISTRATION OF THE INSTRUCTIONAL PROGRAM. ANY
    11  EXPENDITURES NOT PERTAINING DIRECTLY TO INSTRUCTION AND THE
    12  ADMINISTRATION OF THE INSTRUCTIONAL PROGRAM OF THE STUDENTS
    13  SHALL BE CONSIDERED A COST OF CHILD WELFARE SERVICES AS PROVIDED
    14  FOR IN SECTIONS 704.1 AND 704.2, ACT OF JUNE 13, 1967 (P.L.31,
    15  NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," AND AS A SOCIAL
    16  SERVICE AS DEFINED IN THE REGULATIONS PROMULGATED PURSUANT TO
    17  THAT ACT. UNDER NO CIRCUMSTANCES SHALL A SCHOOL DISTRICT OR THE
    18  DEPARTMENT OF EDUCATION BE REQUIRED TO PROVIDE FUNDING FOR
    19  PROGRAMS OPERATED IN EXCESS OF ONE HUNDRED EIGHTY (180) DAYS OF
    20  INSTRUCTION OR NINE HUNDRED (900) HOURS OF INSTRUCTION AT THE
    21  ELEMENTARY LEVEL OR NINE HUNDRED NINETY (990) HOURS OF
    22  INSTRUCTION AT THE SECONDARY LEVEL DURING ANY ONE SCHOOL YEAR.
    23  HOWEVER, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER OR
    24  LIMIT THE EDUCATIONAL RIGHTS OF EXCEPTIONAL CHILDREN.
    25     (D)  A PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION SHALL
    26  BE EXEMPT FROM ADMINISTRATIVE CONTROL BY THE INTERMEDIATE UNIT
    27  CONTRACTING THEREWITH OTHER THAN THOSE CONTROLS NECESSARY TO
    28  ASSURE THE PROPER EXPENDITURE OF FUNDS FOR THE MAINTENANCE OF
    29  THE MINIMUM EDUCATION PROGRAM PROVIDED FOR IN THE CONTRACT. SUCH
    30  CONTRACTS SHALL NOT REQUIRE COMPLIANCE WITH THIS ACT TO ANY
    20010H0996B1878                 - 11 -

     1  EXTENT GREATER THAN SUCH COMPLIANCE EXISTED ON THE EFFECTIVE
     2  DATE OF THIS AMENDATORY ACT.
     3     [(F)  THE EDUCATIONAL PROGRAM COST CRITERIA OF A PRIVATE
     4  RESIDENTIAL REHABILITATIVE INSTITUTION THAT ARE DEEMED ALLOWABLE
     5  BY THE DEPARTMENT FOR THE PRIVATE RESIDENTIAL REHABILITATIVE
     6  INSTITUTION'S 1998-1999 SCHOOL YEAR SHALL BE ACCEPTABLE FOR ALL
     7  FUTURE AUDITS CONDUCTED BY THE DEPARTMENT.]
     8     SECTION 3.  THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
     9                           ARTICLE XII-A
    10                  PROFESSIONAL TEACHER ASSESSMENT
    11  SECTION 1201-A.  SHORT TITLE OF ARTICLE.
    12     THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
    13  PROFESSIONAL TEACHER ASSESSMENT ACT.
    14  SECTION 1202-A.  DEFINITIONS.
    15     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
    16  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    17  CONTEXT CLEARLY INDICATES OTHERWISE:
    18     "ACADEMIC STANDARDS."  THE STANDARDS ADOPTED UNDER 22 PA.
    19  CODE CH. 4 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT).
    20     "AREA OF ASSIGNMENT OR CERTIFICATION."  ANY COMPONENT OF THE
    21  EDUCATION PROFESSION AS IT RELATES TO THE CURRENT JOB TITLE OR
    22  DESCRIPTION OF A TEACHER OR TO ANY AREA OF CERTIFICATION LISTED
    23  ON THE TEACHER'S INSTRUCTIONAL CERTIFICATE ISSUED BY THE
    24  DEPARTMENT OF EDUCATION.
    25     "DEPARTMENT."  THE DEPARTMENT OF EDUCATION OF THE
    26  COMMONWEALTH.
    27     "PROFESSIONAL TEACHER ASSESSMENT."  AN ASSESSMENT DESIGNED BY
    28  THE DEPARTMENT OF EDUCATION TO MEASURE A TEACHER'S KNOWLEDGE OF
    29  THE ACADEMIC STANDARDS INCLUDED IN THE PENNSYLVANIA SYSTEM OF
    30  SCHOOL ASSESSMENT TEST, AS DEFINED IN SECTION 102(6).
    20010H0996B1878                 - 12 -

     1     "SCHOOL ENTITY."  A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT
     2  SCHOOL DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL, CHARTER
     3  SCHOOL, INDEPENDENT SCHOOL, THE SCOTLAND SCHOOL FOR VETERANS'
     4  CHILDREN OR THE SCRANTON SCHOOL FOR THE DEAF.
     5     "SCIENCE."  INCLUDES GENERAL SCIENCE, PHYSICS, CHEMISTRY,
     6  BIOLOGY AND EARTH AND SPACE SCIENCE.
     7     "TEACHER."  AN INDIVIDUAL WHO HOLDS AN INSTRUCTIONAL
     8  CERTIFICATE ISSUED BY THE DEPARTMENT OF EDUCATION UNDER THIS ACT
     9  AND IS EMPLOYED FULL TIME AS A TEMPORARY PROFESSIONAL OR
    10  PROFESSIONAL EMPLOYEE BY A SCHOOL ENTITY AND PROVIDES LEARNING
    11  EXPERIENCES DIRECTLY TO STUDENTS DURING THE INSTRUCTIONAL DAY.
    12  THIS TERM ALSO INCLUDES AN UNCERTIFIED TEACHER WHO IS EMPLOYED
    13  FULL TIME BY A CHARTER SCHOOL OR AN INDEPENDENT SCHOOL.
    14  SECTION 1203-A.  PROFESSIONAL TEACHER ASSESSMENT PROGRAM.
    15     (A)  PROGRAM ESTABLISHED.--THE DEPARTMENT SHALL DEVELOP A
    16  PROFESSIONAL TEACHER ASSESSMENT PROGRAM TO MEASURE A TEACHER'S
    17  KNOWLEDGE OF THE ACADEMIC STANDARDS APPLICABLE TO THAT TEACHER'S
    18  AREA OF ASSIGNMENT OR CERTIFICATION.
    19     (B)  ASSESSMENTS.--THE DEPARTMENT SHALL DEVELOP SEPARATE
    20  PROFESSIONAL TEACHER ASSESSMENTS FOR ELEMENTARY SCHOOL TEACHERS,
    21  FOR MIDDLE SCHOOL TEACHERS AND FOR HIGH SCHOOL TEACHERS AS
    22  FOLLOWS:
    23         (1)  ALL ELEMENTARY SCHOOL TEACHERS SHALL BE ADMINISTERED
    24     A PROFESSIONAL TEACHER ASSESSMENT IN READING AND MATHEMATICS.
    25         (2)  ALL MIDDLE SCHOOL TEACHERS AND HIGH SCHOOL TEACHERS
    26     SHALL BE ADMINISTERED A PROFESSIONAL TEACHER ASSESSMENT IN
    27     READING.
    28         (3)  MIDDLE SCHOOL TEACHERS AND HIGH SCHOOL TEACHERS
    29     WHOSE AREA OF ASSIGNMENT OR CERTIFICATION INCLUDES
    30     MATHEMATICS OR SCIENCE SHALL BE ADMINISTERED A PROFESSIONAL
    20010H0996B1878                 - 13 -

     1     TEACHER ASSESSMENT IN MATHEMATICS.
     2         (4)  IN ADDITION TO THE REQUIREMENTS SET FORTH IN
     3     PARAGRAPHS (1) AND (2), SHOULD ADDITIONAL ACADEMIC STANDARDS
     4     BE ADOPTED, TEACHERS SHALL BE FURTHER ASSESSED BASED ON THEIR
     5     AREA OF ASSIGNMENT OR CERTIFICATION.
     6     (C)  ADMINISTRATION.--THE PROFESSIONAL TEACHER ASSESSMENT
     7  SHALL BE ADMINISTERED THROUGH USE OF THE INTERNET IN ADDITION TO
     8  ANY OTHER FORM PRESCRIBED BY THE DEPARTMENT.
     9     (D)  ADMINISTRATION OF PROFESSIONAL TEACHER ASSESSMENT.--
    10         (1)  BEGINNING IN THE 2001-2002 SCHOOL YEAR, THE
    11     DEPARTMENT SHALL ANNUALLY ADMINISTER THE PROFESSIONAL TEACHER
    12     ASSESSMENT IN SCHOOL ENTITIES IDENTIFIED IN A MANNER THAT
    13     WILL ENABLE APPROXIMATELY 20% OF ALL TEACHERS IN THIS
    14     COMMONWEALTH TO BE ASSESSED.
    15         (2)  THE DEPARTMENT SHALL DEVELOP A ROTATIONAL SCHEDULE
    16     THAT SETS FORTH THE SCHOOL ENTITIES THAT WILL PARTICIPATE IN
    17     THE PROFESSIONAL TEACHER ASSESSMENT EACH YEAR. NO SCHOOL
    18     ENTITY SHALL BE REQUIRED TO PARTICIPATE IN THE PROFESSIONAL
    19     TEACHER ASSESSMENT MORE THAN ONCE EVERY FIVE YEARS. THE
    20     ROTATIONAL SCHEDULE SHALL BE PROVIDED TO EACH SCHOOL ENTITY
    21     IN THIS COMMONWEALTH.
    22         (3)  THE DEPARTMENT SHALL USE DATA SUBMITTED UNDER
    23     SECTIONS 1006 AND 2513 TO DEVELOP THE ROTATIONAL SCHEDULE
    24     UNDER PARAGRAPH (2). FOR PURPOSES OF THIS ARTICLE, A CHARTER
    25     SCHOOL AND AN INDEPENDENT SCHOOL SHALL SUBMIT THE DATA
    26     REGARDING CERTIFIED TEACHERS REQUIRED UNDER SECTIONS 1006 AND
    27     2513 IN A MANNER PRESCRIBED BY THE DEPARTMENT.
    28     (E)  SCHOOL ENTITY PROCEDURES.--
    29         (1)  PARTICIPATING SCHOOL ENTITIES SHALL RETURN COMPLETED
    30     PROFESSIONAL TEACHER ASSESSMENTS TO THE DEPARTMENT IN A
    20010H0996B1878                 - 14 -

     1     MANNER PRESCRIBED BY THE DEPARTMENT.
     2         (2)  THE DEPARTMENT SHALL ADOPT GUIDELINES REGARDING
     3     PARTICIPATION REQUIREMENTS FOR SCHOOL ENTITIES INCLUDING
     4     STANDARDS TO EXCUSE TEACHERS FROM THE PROFESSIONAL TEACHER
     5     ASSESSMENT.
     6         (3)  A TEACHER MAY APPLY TO THE DEPARTMENT FOR AN
     7     ALTERNATE ASSESSMENT DATE IN ACCORDANCE WITH GUIDELINES
     8     ADOPTED UNDER PARAGRAPH (2).
     9     (F)  CONTINUING EDUCATION CREDIT.--A TEACHER MAY COUNT ONE
    10  HOUR FOR EACH COMPLETED PROFESSIONAL TEACHER ASSESSMENT TOWARD
    11  THE HOURS OF CONTINUING PROFESSIONAL EDUCATION REQUIRED BY
    12  SECTION 1205.2.
    13  SECTION 1204-A.  SCORING PROCESS.
    14     (A)  SCORING.--THE DEPARTMENT SHALL PROVIDE FOR THE SCORING
    15  OF THE PROFESSIONAL TEACHER ASSESSMENT.
    16     (B)  AVAILABILITY.--INDIVIDUAL SCORES MAY BE ACCESSED BY A
    17  TEACHER PARTICIPATING IN THE PROFESSIONAL TEACHER ASSESSMENT. IF
    18  A TEACHER FAILS TO ACCESS OR REQUEST THE TEACHER'S INDIVIDUAL
    19  TEST SCORE WITHIN SIX MONTHS OF THE ADMINISTRATION OF THE TEST,
    20  THE TEACHER'S NAME SHALL BE DELETED FROM ANY RECORD RELATED TO
    21  THE TEST.
    22     (C)  FORMAT.--THE DEPARTMENT AND SCHOOL ENTITIES SHALL
    23  RECEIVE AGGREGATE SCORES AT THE BUILDING AND SCHOOL ENTITY LEVEL
    24  IN A FORMAT ESTABLISHED BY THE DEPARTMENT. RESULTS SHALL BE
    25  REPORTED TO SCHOOL ENTITIES BY SUBJECT AREA, CONTENT AREA
    26  CERTIFICATION, TEACHING ASSIGNMENT, YEARS OF SERVICE AND OTHER
    27  DEMOGRAPHIC CATEGORIES AS DETERMINED BY THE DEPARTMENT.
    28  AGGREGATE DATA SHALL BE RELEASED ONLY IF THERE ARE AT LEAST TEN
    29  SCORES IN A CATEGORY. THE DEPARTMENT IS PROHIBITED FROM
    30  RELEASING INFORMATION WHICH COULD REASONABLY BE EXPECTED TO
    20010H0996B1878                 - 15 -

     1  REVEAL THE IDENTITY OF ANY INDIVIDUAL TEACHER.
     2  SECTION 1205-A.  FURTHERING CONTINUING PROFESSIONAL DEVELOPMENT.
     3     A SCHOOL ENTITY SHALL USE THE RESULTS OF THE PROFESSIONAL
     4  TEACHER ASSESSMENT TO DEVELOP ITS PROFESSIONAL DEVELOPMENT PLANS
     5  UNDER SECTION 1205.1.
     6  SECTION 1206-A.  COMPLIANCE.
     7     A SCHOOL ENTITY THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF
     8  THIS ARTICLE OR AN INDIVIDUAL TEACHER WHO REFUSES TO PARTICIPATE
     9  IN THE ASSESSMENT SHALL BE INELIGIBLE TO PARTICIPATE IN
    10  PROFESSIONAL DEVELOPMENT PROGRAMS SPONSORED BY THE DEPARTMENT
    11  UNTIL SUCH TIME AS THE SCHOOL ENTITY COMES INTO COMPLIANCE WITH
    12  THIS ARTICLE OR THE INDIVIDUAL TEACHER APPLIES TO THE DEPARTMENT
    13  FOR AN ALTERNATE ASSESSMENT DATE.
    14  SECTION 1207-A.  PROFESSIONAL DEVELOPMENT ASSISTANCE.
    15     BEGINNING IN THE 2002-2003 SCHOOL YEAR, A SCHOOL ENTITY WHICH
    16  DETERMINES THAT A SUBSTANTIAL NUMBER OF ITS TEACHERS WHO
    17  PARTICIPATED IN THE ASSESSMENT AND SCORED AT A LEVEL WHICH
    18  REQUIRES ADDITIONAL ACADEMIC OPPORTUNITIES FOR TEACHERS SHALL,
    19  UPON REQUEST, RECEIVE ASSISTANCE FROM THE DEPARTMENT IN
    20  IMPLEMENTING A PROFESSIONAL DEVELOPMENT PROGRAM THAT IS DESIGNED
    21  TO STRENGTHEN THE SKILLS COVERED BY THE ASSESSMENT.
    22  SECTION 1208-A.  COLLECTIVE BARGAINING AGREEMENTS.
    23     NOTHING CONTAINED IN THIS ARTICLE SHALL SUPERSEDE OR PREEMPT
    24  A COLLECTIVE BARGAINING AGREEMENT BETWEEN A SCHOOL ENTITY AND AN
    25  EMPLOYEE ORGANIZATION IN EFFECT ON THE EFFECTIVE DATE OF THIS
    26  ARTICLE.
    27  SECTION 1209-A.  CONFIDENTIALITY.
    28     EXCEPT AS SET FORTH IN SECTION 1204-A(C), NO INFORMATION
    29  RELATING TO AN INDIVIDUAL TEACHER OR AN INDIVIDUAL ASSESSMENT
    30  TEST SCORE SHALL BE RELEASED BY THE DEPARTMENT OR AN AGENT OF
    20010H0996B1878                 - 16 -

     1  THE DEPARTMENT. A PERSON WHO VIOLATES THIS SECTION COMMITS A
     2  MISDEMEANOR OF THE THIRD DEGREE.
     3  SECTION 1210-A.  ANNUAL REPORT.
     4     THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL
     5  ASSEMBLY THAT SETS FORTH THE SCHOOL ENTITIES THAT PARTICIPATED
     6  EACH YEAR AND THE AGGREGATE SCORES OF EACH SCHOOL ENTITY.
     7     SECTION 4.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     8     SECTION 1423.  AUTOMATIC EXTERNAL DEFIBRILLATORS.--(A)  FOR
     9  THE FISCAL YEAR 2001-2002, THE DEPARTMENT SHALL ESTABLISH A ONE-
    10  TIME AUTOMATIC EXTERNAL DEFIBRILLATOR PROGRAM TO ASSIST SCHOOL
    11  ENTITIES IN ACQUIRING AUTOMATIC EXTERNAL DEFIBRILLATORS.
    12     (B)  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
    13  GENERAL SERVICES, SHALL ISSUE AN INVITATION TO BID FOR THE COST
    14  OF AUTOMATIC EXTERNAL DEFIBRILLATORS. THE DEPARTMENT SHALL
    15  ACCEPT THE BID OF THE LOWEST RESPONSIBLE BIDDER AND PERMIT ANY
    16  SCHOOL ENTITY TO PURCHASE THE DEVICES AT THE CONTRACT BID PRICE.
    17     (C)  TO BE ELIGIBLE TO OBTAIN OR PURCHASE AUTOMATIC EXTERNAL
    18  DEFIBRILLATORS UNDER THE PROGRAM A SCHOOL ENTITY MUST:
    19     (1)  ASSURE THAT TWO (2) OR MORE PERSONS ASSIGNED TO THE
    20  LOCATION WHERE THE AUTOMATIC EXTERNAL DEFIBRILLATOR WILL BE
    21  PRIMARILY HOUSED ARE TRAINED AS REQUIRED IN SUBSECTION (D).
    22     (2)  ENSURE THAT THE DEVICE WILL BE SECURED IN A SAFE AND
    23  READILY ACCESSIBLE LOCATION AND AGREE TO PROPERLY MAINTAIN AND
    24  TEST THE DEVICE ACCORDING TO THE MANUFACTURER'S OPERATIONAL
    25  GUIDELINES.
    26     (3)  SUBMIT A VALID PRESCRIPTION FOR THE DEVICE FROM A
    27  LICENSED MEDICAL PRACTITIONER IN THIS COMMONWEALTH.
    28     (4)  AGREE TO PROVIDE THE TRAINING REQUIRED BY SUBSECTION
    29  (D).
    30     (D)  SCHOOL PERSONNEL WHO ARE EXPECTED TO USE THE AUTOMATIC
    20010H0996B1878                 - 17 -

     1  EXTERNAL DEFIBRILLATOR SHALL COMPLETE TRAINING IN
     2  CARDIOPULMONARY RESUSCITATION AND IN THE USE OF AN AUTOMATIC
     3  EXTERNAL DEFIBRILLATOR PROVIDED BY THE AMERICAN HEART
     4  ASSOCIATION, THE AMERICAN RED CROSS OR THROUGH AN EQUIVALENT
     5  COURSE OF INSTRUCTION APPROVED BY THE DEPARTMENT OF HEALTH.
     6     (E)  A SCHOOL ENTITY MAY INCLUDE THE TRAINING REQUIRED BY
     7  SUBSECTION (D) IN ITS CONTINUING PROFESSIONAL EDUCATION PLAN
     8  SUBMITTED TO THE DEPARTMENT UNDER SECTION 1205.1.
     9     (F)  THE PROVISIONS OF 42 PA.C.S. § 8331.2 (RELATING TO GOOD
    10  SAMARITAN CIVIL IMMUNITY FOR USE OF AUTOMATED EXTERNAL
    11  DEFIBRILLATOR) SHALL APPLY TO SCHOOL EMPLOYES WHO RENDER CARE
    12  WITH AN AUTOMATIC EXTERNAL DEFIBRILLATOR.
    13     (G)  FROM FUNDS APPROPRIATED FOR THIS PURPOSE, THE
    14  DEPARTMENT, UPON REQUEST, SHALL PROVIDE: UP TO TWO (2) AUTOMATIC
    15  EXTERNAL DEFIBRILLATORS TO EACH SCHOOL DISTRICT; ONE (1)
    16  AUTOMATIC EXTERNAL DEFIBRILLATOR TO EACH INTERMEDIATE UNIT; AND
    17  ONE (1) AUTOMATIC EXTERNAL DEFIBRILLATOR TO EACH AREA
    18  VOCATIONAL-TECHNICAL SCHOOL.
    19     (H)  NO SCHOOL ENTITY SHALL BE REQUIRED TO PARTICIPATE IN THE
    20  AUTOMATIC EXTERNAL DEFIBRILLATOR PROGRAM.
    21     (I)  NO LATER THAN JUNE 30, 2002, THE SECRETARY SHALL SUBMIT
    22  A REPORT TO THE GENERAL ASSEMBLY DESCRIBING THE EFFECTIVENESS OF
    23  THIS SECTION IN OUTFITTING THE COMMONWEALTH'S SCHOOL ENTITIES
    24  WITH AUTOMATIC EXTERNAL DEFIBRILLATORS.
    25     (J)  THE DEPARTMENT MAY ADOPT GUIDELINES AS NECESSARY TO
    26  ADMINISTER THIS SECTION.
    27     (K)  AS USED IN THIS SECTION--
    28     "AUTOMATIC EXTERNAL DEFIBRILLATOR," MEANS A PORTABLE DEVICE
    29  THAT USES ELECTRIC SHOCK TO RESTORE A STABLE HEART RHYTHM TO AN
    30  INDIVIDUAL IN CARDIAC ARREST.
    20010H0996B1878                 - 18 -

     1     "DEPARTMENT," MEANS THE DEPARTMENT OF EDUCATION OF THE
     2  COMMONWEALTH.
     3     "SCHOOL ENTITY," MEANS AN AREA VOCATIONAL-TECHNICAL SCHOOL, A
     4  CHARTER SCHOOL, AN INTERMEDIATE UNIT, A NONPUBLIC SCHOOL OR A
     5  SCHOOL DISTRICT.
     6     "SECRETARY," MEANS THE SECRETARY OF EDUCATION OF THE
     7  COMMONWEALTH.
     8     SECTION 5.  THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
     9                            ARTICLE XV-C
    10                 EDUCATION SUPPORT SERVICES PROGRAM
    11  SECTION 1501-C.  DEFINITIONS.
    12     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
    13  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    14  CONTEXT CLEARLY INDICATES OTHERWISE:
    15     "DEPARTMENT."  THE DEPARTMENT OF EDUCATION OF THE
    16  COMMONWEALTH.
    17     "ELIGIBLE STUDENT."  A RESIDENT OF THIS COMMONWEALTH WHO IS
    18  ENROLLED IN THIRD, FOURTH, FIFTH OR SIXTH GRADE IN A SCHOOL
    19  ENTITY AND IS DEEMED ELIGIBLE PURSUANT TO SECTION 1502-C(B).
    20     "ELIGIBILITY TEST."  THE PENNSYLVANIA SYSTEM OF SCHOOL
    21  ASSESSMENT OR A COMMERCIALLY PREPARED, NORM-REFERENCED,
    22  STANDARDIZED ACHIEVEMENT TEST APPROVED BY THE DEPARTMENT OF
    23  EDUCATION. A LIST OF APPROVED TESTS UNDER THIS ARTICLE SHALL BE
    24  PUBLISHED ANNUALLY IN THE PENNSYLVANIA BULLETIN.
    25     "GRANT."  A GRANT AWARDED TO A GRANT RECIPIENT UNDER THIS
    26  ARTICLE.
    27     "GRANT RECIPIENT."  A RESIDENT OF THIS COMMONWEALTH WHO IS A
    28  PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION TO AN ELIGIBLE
    29  STUDENT.
    30     "PROGRAM."  THE EDUCATION SUPPORT SERVICES PROGRAM
    20010H0996B1878                 - 19 -

     1  ESTABLISHED IN SECTION 1502-C.
     2     "PROVIDER."  A SCHOOL ENTITY, AN INSTITUTION OF HIGHER
     3  EDUCATION, A NONPROFIT OR FOR-PROFIT ORGANIZATION OR A CERTIFIED
     4  TEACHER EMPLOYED BY A SCHOOL ENTITY, THAT IS APPROVED BY THE
     5  DEPARTMENT OF EDUCATION TO PROVIDE EDUCATION SUPPORT SERVICES.
     6     "SCHOOL ENTITY."  ANY OF THE FOLLOWING LOCATED IN THIS
     7  COMMONWEALTH: A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT SCHOOL
     8  DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL,
     9  INDEPENDENT SCHOOL, LICENSED PRIVATE ACADEMIC SCHOOL, ACCREDITED
    10  SCHOOL, A SCHOOL REGISTERED UNDER SECTION 1327(B), THE SCOTLAND
    11  SCHOOL FOR VETERANS' CHILDREN OR THE SCRANTON SCHOOL FOR THE
    12  DEAF.
    13  SECTION 1502-C.  ESTABLISHMENT OF PROGRAM.
    14     (A)  ESTABLISHMENT.--THE EDUCATION SUPPORT SERVICES PROGRAM
    15  IS ESTABLISHED WITHIN THE DEPARTMENT TO PROVIDE INDIVIDUAL OR
    16  SMALL GROUP INSTRUCTION IN READING AND MATHEMATICS TO STRENGTHEN
    17  THE SKILLS THAT AN ELIGIBLE STUDENT NEEDS TO ACHIEVE THE
    18  STANDARDS IN 22 PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS
    19  AND ASSESSMENT), WHICH SHALL BE PROVIDED AT A TIME OTHER THAN
    20  THE REGULARLY SCHEDULED SCHOOL HOURS.
    21     (B)  ELIGIBILITY.--THE DEPARTMENT SHALL UTILIZE THE
    22  PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TEST OR OTHER TEST
    23  RESULTS TO IDENTIFY ELIGIBLE STUDENTS UNDER THIS ARTICLE. SCORES
    24  USED TO DETERMINE ELIGIBLE STUDENTS IN EACH GRADE SHALL BE
    25  PUBLISHED ANNUALLY IN THE PENNSYLVANIA BULLETIN.
    26     (C)  APPROVAL.--A PROVIDER MUST BE APPROVED BY THE DEPARTMENT
    27  IN ORDER TO PROVIDE EDUCATION SUPPORT SERVICES UNDER THIS
    28  ARTICLE.
    29  SECTION 1503-C.  APPLICATION AND APPROVAL.
    30     (A)  APPLICATION.--A PROSPECTIVE GRANT RECIPIENT SHALL APPLY
    20010H0996B1878                 - 20 -

     1  ANNUALLY TO THE DEPARTMENT FOR A GRANT TO PURCHASE EDUCATION
     2  SUPPORT SERVICES FOR AN ELIGIBLE STUDENT FROM AN APPROVED
     3  PROVIDER IN A TIME AND MANNER PRESCRIBED BY THE DEPARTMENT.
     4     (B)  REQUIRED INFORMATION.--AN APPLICATION SUBMITTED UNDER
     5  THIS SECTION SHALL INCLUDE VERIFICATION OF THE ELIGIBILITY TEST
     6  RESULTS AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
     7  REQUIRE.
     8  SECTION 1504-C.  POWERS AND DUTIES OF THE DEPARTMENT.
     9     THE DEPARTMENT SHALL:
    10         (1)  ESTABLISH CRITERIA TO ANNUALLY IDENTIFY ELIGIBLE
    11     STUDENTS IN GRADES THREE, FOUR, FIVE AND SIX TO PARTICIPATE
    12     IN THE PROGRAM UNDER SECTION 1502-C.
    13         (2)  APPROVE PROVIDERS OF EDUCATION SUPPORT SERVICES.
    14         (3)  ADOPT STANDARDS, PROCEDURES AND GUIDELINES TO BE
    15     USED TO APPROVE PROVIDERS OF EDUCATION SUPPORT SERVICES UNDER
    16     THIS ARTICLE.
    17         (4)  AWARD GRANTS TO A GRANT RECIPIENT IN AN AMOUNT NOT
    18     TO EXCEED $500 PER FISCAL YEAR FOR EACH ELIGIBLE STUDENT.
    19         (5)  ESTABLISH MINIMUM QUALIFICATIONS FOR INDIVIDUALS
    20     UTILIZED BY PROVIDERS OF EDUCATION SUPPORT SERVICES.
    21         (6)  ESTABLISH PERIODS DURING WHICH APPLICATIONS WILL BE
    22     REVIEWED TO ACCOMMODATE THE DATES WHEN RESULTS OF APPROVED
    23     ELIGIBILITY TESTS BECOME AVAILABLE.
    24  SECTION 1505-C.  PROVIDERS.
    25     A PROSPECTIVE PROVIDER SHALL SUBMIT AN APPLICATION TO THE
    26  DEPARTMENT FOR APPROVAL TO PROVIDE EDUCATION SUPPORT SERVICES
    27  UNDER THIS ARTICLE. THE APPLICATION SHALL INCLUDE A DESCRIPTION
    28  OF THE SERVICES TO BE PROVIDED, THE COST OF THE SERVICES, THE
    29  QUALIFICATION OF ALL INDIVIDUALS PROVIDING THOSE SERVICES,
    30  INCLUDING EVIDENCE OF COMPLIANCE WITH SECTION 111 AND SUCH OTHER
    20010H0996B1878                 - 21 -

     1  INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT.
     2  SECTION 1506-C.  NOTIFICATION OF PROGRAM.
     3     A SCHOOL ENTITY IN THIS COMMONWEALTH WITH STUDENTS ENROLLED
     4  IN THIRD, FOURTH, FIFTH OR SIXTH GRADE SHALL NOTIFY PARENTS OF
     5  THE AVAILABILITY OF EDUCATION SUPPORT SERVICES AT SUCH TIME AS
     6  THE PARENTS RECEIVE THE RESULTS OF ANY ELIGIBILITY TEST.
     7  SECTION 1507-C.  PAYMENT OF GRANTS.
     8     (A)  CERTIFICATES.--A CERTIFICATE FOR EDUCATION SUPPORT
     9  SERVICES UNDER THIS ARTICLE SHALL BE ISSUED BY THE DEPARTMENT IN
    10  AN AMOUNT AUTHORIZING UP TO $500 FOR EACH ELIGIBLE STUDENT
    11  IDENTIFIED ON THE CERTIFICATE. THE CERTIFICATE SHALL BE ISSUED
    12  TO THE GRANT RECIPIENT AND SHALL BE VALID ONLY FOR THE FISCAL
    13  YEAR IN WHICH IT IS ISSUED. AFTER RECEIVING THE CERTIFICATE FROM
    14  A GRANT RECIPIENT, THE PROVIDER SHALL INCLUDE THE FOLLOWING
    15  INFORMATION ON THE CERTIFICATE: NAME OF ELIGIBLE STUDENT SERVED;
    16  TYPE OF INSTRUCTION; DATE AND LENGTH OF INSTRUCTION; AND COST OF
    17  INSTRUCTION PROVIDED TO THE ELIGIBLE STUDENT. WHEN THE AMOUNT OF
    18  THE CERTIFICATE HAS BEEN UTILIZED OR WHEN THE ELIGIBLE STUDENT
    19  IS NO LONGER RECEIVING EDUCATION SUPPORT SERVICES FROM THE
    20  PROVIDER, THE PROVIDER SHALL RETURN THE COMPLETED CERTIFICATE TO
    21  THE GRANT RECIPIENT FOR SUBMISSION TO THE DEPARTMENT FOR
    22  PAYMENT. THE DEPARTMENT SHALL MAKE PAYMENT DIRECTLY TO THE GRANT
    23  RECIPIENT FOR THE AMOUNT DUE. GRANT RECIPIENTS MUST SEND ALL
    24  OUTSTANDING CERTIFICATES TO THE DEPARTMENT FOR PAYMENT NO LATER
    25  THAN 90 DAYS AFTER RECEIVING THE COMPLETED CERTIFICATE FROM THE
    26  PROVIDER.
    27     (B)  PENALTY FOR GRANT RECIPIENTS.--A GRANT RECIPIENT WHO
    28  KNOWINGLY DEFRAUDS THE COMMONWEALTH BY RECEIVING REIMBURSEMENT
    29  FOR EDUCATION SUPPORT SERVICES NOT RENDERED TO THE ELIGIBLE
    30  STUDENT AND GRANT RECIPIENT IDENTIFIED ON THE CERTIFICATE
    20010H0996B1878                 - 22 -

     1  COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
     2  CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN $1,000
     3  PER VIOLATION, AND SHALL BE DISQUALIFIED FROM ELIGIBILITY FOR AN
     4  ADDITIONAL GRANT FOR A PERIOD OF NOT LESS THAN FIVE YEARS.
     5     (C)  PENALTY FOR PROVIDERS.--A PROVIDER THAT KNOWINGLY
     6  VIOLATES SECTION 1509-C OR KNOWINGLY DEFRAUDS THE COMMONWEALTH
     7  BY RECEIVING REIMBURSEMENT FOR EDUCATION SUPPORT SERVICES NOT
     8  RENDERED TO THE ELIGIBLE STUDENT AND GRANT RECIPIENT IDENTIFIED
     9  ON THE CERTIFICATE COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND
    10  SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE
    11  THAN $1,000 PER VIOLATION, AND SHALL BE BARRED FROM
    12  PARTICIPATION IN THE PROGRAM FOR NOT LESS THAN FIVE YEARS.
    13  SECTION 1508-C.  LIMITATIONS.
    14     (A)  AMOUNT.--THE AMOUNT OF GRANTS PROVIDED UNDER THIS
    15  ARTICLE IN A FISCAL YEAR SHALL BE LIMITED TO THE FUNDS
    16  APPROPRIATED FOR THAT PURPOSE. NO MORE THAN 10% OF THE TOTAL
    17  FUNDS APPROPRIATED FOR THIS PROGRAM IN ANY FISCAL YEAR SHALL BE
    18  AWARDED TO GRANT RECIPIENTS WITHIN A SPECIFIC SCHOOL DISTRICT,
    19  EXCEPT THAT, IF THE DEPARTMENT DETERMINES THAT ALL SCHOOL
    20  ENTITIES IN THE COMMONWEALTH HAVE HAD AN OPPORTUNITY TO
    21  PARTICIPATE IN THE PROGRAM AND THAT FUNDS REMAIN AVAILABLE, IT
    22  MAY WAIVE THE 10% LIMITATION UNDER THIS SUBSECTION.
    23     (B)  AVAILABILITY OF FUNDS.--IN THE EVENT THAT THE FUNDS
    24  APPROPRIATED IN ANY FISCAL YEAR ARE INSUFFICIENT TO PROVIDE
    25  GRANTS TO ALL GRANT RECIPIENTS, GRANTS SHALL BE AWARDED ON A
    26  FIRST-COME, FIRST-SERVED BASIS. THE DEPARTMENT SHALL HOLD A
    27  PORTION OF THE FUNDS IN RESERVE TO ENSURE THAT MONEY IS
    28  AVAILABLE FOR EACH APPLICATION PERIOD ESTABLISHED UNDER SECTION
    29  1504-C(6).
    30  SECTION 1509-C.  CONFIDENTIALITY.
    20010H0996B1878                 - 23 -

     1     NOTHING IN THIS ARTICLE SHALL AUTHORIZE THE DEPARTMENT, A
     2  SCHOOL ENTITY OR A PROVIDER TO RELEASE OR OTHERWISE UTILIZE
     3  STUDENT IDENTIFIABLE INFORMATION OR INDIVIDUAL STUDENT TEST
     4  SCORES FOR PURPOSES OTHER THAN THE ADMINISTRATION OF THIS
     5  ARTICLE.
     6  SECTION 1510-C.  NONTAXABLE INCOME.
     7     A GRANT RECEIVED BY A GRANT RECIPIENT SHALL NOT BE CONSIDERED
     8  TO BE TAXABLE INCOME FOR THE PURPOSES OF ARTICLE III OF THE ACT
     9  OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
    10  1971.
    11  SECTION 1511-C.  APPLICABILITY.
    12     SERVICES PROVIDED UNDER THIS ARTICLE DO NOT CONSTITUTE
    13  TUTORING OR INSTRUCTION UNDER THE ACT OF JANUARY 28, 1988
    14  (P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC SCHOOLS ACT.
    15                            ARTICLE XX-B
    16                 EDUCATIONAL IMPROVEMENT TAX CREDIT
    17  SECTION 2001-B.  SHORT TITLE.
    18     THIS ARTICLE DEALS WITH THE EDUCATIONAL IMPROVEMENT TAX
    19  CREDIT.
    20  SECTION 2002-B.  DEFINITIONS.
    21     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
    22  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    23  CONTEXT CLEARLY INDICATES OTHERWISE:
    24     "BUSINESS FIRM."  AN ENTITY AUTHORIZED TO DO BUSINESS IN THIS
    25  COMMONWEALTH AND SUBJECT TO TAXES IMPOSED UNDER ARTICLE IV, VI,
    26  VII, VII-A, VIII, VIII-A, IX OR XV OF THE ACT OF MARCH 4, 1971
    27  (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
    28     "CONTRIBUTION."  A DONATION OF CASH, PERSONAL PROPERTY OR
    29  SERVICES THE VALUE OF WHICH IS THE NET COST OF THE DONATION TO
    30  THE DONOR OR THE PRO RATA HOURLY WAGE, INCLUDING BENEFITS, OF
    20010H0996B1878                 - 24 -

     1  THE INDIVIDUAL PERFORMING THE SERVICES.
     2     "DEPARTMENT."  THE DEPARTMENT OF COMMUNITY AND ECONOMIC
     3  DEVELOPMENT OF THE COMMONWEALTH.
     4     "EDUCATIONAL IMPROVEMENT ORGANIZATION."  A NONPROFIT ENTITY
     5  WHICH:
     6         (1)  IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION
     7     501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW
     8     99-514, 26 U.S.C. § 1 ET SEQ.); AND
     9         (2)  CONTRIBUTES AT LEAST 80% OF ITS ANNUAL RECEIPTS AS
    10     GRANTS TO A PUBLIC SCHOOL FOR INNOVATIVE EDUCATIONAL
    11     PROGRAMS.
    12     "ELIGIBLE STUDENT."  A SCHOOL-AGE STUDENT WHO IS ENROLLED IN
    13  A SCHOOL AND IS A MEMBER OF A HOUSEHOLD WITH AN ANNUAL HOUSEHOLD
    14  INCOME OF NOT MORE THAN $50,000. AN INCOME ALLOWANCE OF $10,000
    15  SHALL BE ALLOWED FOR EACH ELIGIBLE STUDENT AND DEPENDENT MEMBER
    16  OF THE HOUSEHOLD.
    17     "HOUSEHOLD."  AN INDIVIDUAL LIVING ALONE OR WITH THE
    18  FOLLOWING: A SPOUSE, PARENT AND THEIR UNEMANCIPATED MINOR
    19  CHILDREN; AND OTHER UNEMANCIPATED MINOR CHILDREN WHO ARE RELATED
    20  BY BLOOD OR MARRIAGE; OR OTHER ADULTS OR UNEMANCIPATED MINOR
    21  CHILDREN LIVING IN THE HOUSEHOLD WHO ARE DEPENDENT UPON THE
    22  INDIVIDUAL.
    23     "HOUSEHOLD INCOME."  ALL MONEYS OR PROPERTY RECEIVED OF
    24  WHATEVER NATURE AND FROM WHATEVER SOURCE DERIVED. THE TERM DOES
    25  NOT INCLUDE THE FOLLOWING:
    26         (1)  PERIODIC PAYMENTS FOR SICKNESS AND DISABILITY OTHER
    27     THAN REGULAR WAGES RECEIVED DURING A PERIOD OF SICKNESS OR
    28     DISABILITY.
    29         (2)  DISABILITY, RETIREMENT OR OTHER PAYMENTS ARISING
    30     UNDER WORKERS' COMPENSATION ACTS, OCCUPATIONAL DISEASE ACTS
    20010H0996B1878                 - 25 -

     1     AND SIMILAR LEGISLATION BY ANY GOVERNMENT.
     2         (3)  PAYMENTS COMMONLY RECOGNIZED AS OLD AGE OR
     3     RETIREMENT BENEFITS PAID TO PERSONS RETIRED FROM SERVICE
     4     AFTER REACHING A SPECIFIC AGE OR AFTER A STATED PERIOD OF
     5     EMPLOYMENT.
     6         (4)  PAYMENTS COMMONLY KNOWN AS PUBLIC ASSISTANCE OR
     7     UNEMPLOYMENT COMPENSATION PAYMENTS BY A GOVERNMENTAL AGENCY.
     8         (5)  PAYMENTS TO REIMBURSE ACTUAL EXPENSES.
     9         (6)  PAYMENTS MADE BY EMPLOYERS OR LABOR UNIONS FOR
    10     PROGRAMS COVERING HOSPITALIZATION, SICKNESS, DISABILITY OR
    11     DEATH, SUPPLEMENTAL UNEMPLOYMENT BENEFITS, STRIKE BENEFITS,
    12     SOCIAL SECURITY AND RETIREMENT.
    13         (7)  COMPENSATION RECEIVED BY UNITED STATES SERVICEMEN
    14     SERVING IN A COMBAT ZONE.
    15     "INNOVATIVE EDUCATIONAL PROGRAM."  AN ADVANCED ACADEMIC OR
    16  SIMILAR PROGRAM THAT IS NOT PART OF THE REGULAR ACADEMIC PROGRAM
    17  OF A PUBLIC SCHOOL BUT THAT ENHANCES THE CURRICULUM OR ACADEMIC
    18  PROGRAM OF THE PUBLIC SCHOOL.
    19     "PUBLIC SCHOOL."  A PUBLIC KINDERGARTEN, ELEMENTARY SCHOOL OR
    20  SECONDARY SCHOOL AT WHICH THE COMPULSORY ATTENDANCE REQUIREMENTS
    21  OF THIS COMMONWEALTH MAY BE MET AND WHICH MEETS THE APPLICABLE
    22  REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC
    23  LAW 88-352, 78 STAT. 241).
    24     "SCHOLARSHIP ORGANIZATION."  A NONPROFIT ENTITY WHICH:
    25         (1)  IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION
    26     501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW
    27     99-514, 26 U.S.C. § 1 ET SEQ.); AND
    28         (2)  CONTRIBUTES AT LEAST 80% OF ITS ANNUAL RECEIPTS TO A
    29     SCHOLARSHIP PROGRAM.
    30     "SCHOLARSHIP PROGRAM."  A PROGRAM TO PROVIDE TUITION TO
    20010H0996B1878                 - 26 -

     1  ELIGIBLE STUDENTS TO ATTEND A SCHOOL LOCATED IN THIS
     2  COMMONWEALTH. A SCHOLARSHIP PROGRAM MUST INCLUDE AN APPLICATION
     3  AND REVIEW PROCESS FOR THE PURPOSE OF MAKING AWARDS TO ELIGIBLE
     4  STUDENTS. THE AWARD OF SCHOLARSHIPS TO ELIGIBLE STUDENTS SHALL
     5  BE MADE WITHOUT LIMITING AVAILABILITY TO ONLY STUDENTS OF ONE
     6  SCHOOL.
     7     "SCHOOL."  A PUBLIC OR NONPUBLIC KINDERGARTEN, ELEMENTARY
     8  SCHOOL OR SECONDARY SCHOOL AT WHICH THE COMPULSORY ATTENDANCE
     9  REQUIREMENTS OF THE COMMONWEALTH MAY BE MET AND WHICH MEETS THE
    10  APPLICABLE REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF
    11  1964 (PUBLIC LAW 88-352, 78 STAT. 241).
    12     "SCHOOL AGE."  CHILDREN FROM THE EARLIEST ADMISSION AGE TO A
    13  SCHOOL'S KINDERGARTEN PROGRAM OR, WHEN NO KINDERGARTEN PROGRAM
    14  IS PROVIDED, THE SCHOOL'S EARLIEST ADMISSION AGE FOR BEGINNERS,
    15  UNTIL THE END OF THE SCHOOL YEAR THE STUDENT ATTAINS 21 YEARS OF
    16  AGE OR GRADUATION FROM HIGH SCHOOL, WHICHEVER OCCURS FIRST.
    17  SECTION 2003-B.  QUALIFICATION AND APPLICATION.
    18     (A)  ESTABLISHMENT.--IN ACCORDANCE WITH ARTICLE III, SECTION
    19  14 OF THE CONSTITUTION OF PENNSYLVANIA, AN EDUCATIONAL
    20  IMPROVEMENT TAX CREDIT PROGRAM IS HEREBY ESTABLISHED TO ENHANCE
    21  THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO ALL STUDENTS IN THIS
    22  COMMONWEALTH.
    23     (B)  INFORMATION.--IN ORDER TO QUALIFY UNDER THIS ARTICLE, A
    24  SCHOLARSHIP ORGANIZATION OR AN EDUCATIONAL IMPROVEMENT
    25  ORGANIZATION MUST SUBMIT INFORMATION TO THE DEPARTMENT THAT
    26  ENABLES THE DEPARTMENT TO CONFIRM THAT THE ORGANIZATION IS
    27  EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL
    28  REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 1 ET SEQ.).
    29     (C)  SCHOLARSHIP PROGRAM.--A SCHOLARSHIP ORGANIZATION MUST
    30  CERTIFY TO THE DEPARTMENT THAT THE ORGANIZATION IS ELIGIBLE TO
    20010H0996B1878                 - 27 -

     1  PARTICIPATE IN THE PROGRAM ESTABLISHED UNDER THIS ARTICLE.
     2     (D)  EDUCATIONAL IMPROVEMENT ORGANIZATION.--AN APPLICATION
     3  SUBMITTED BY AN EDUCATIONAL IMPROVEMENT ORGANIZATION MUST
     4  DESCRIBE ITS PROPOSED INNOVATIVE EDUCATIONAL PROGRAM OR PROGRAMS
     5  IN A FORM PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT SHALL
     6  CONSULT WITH THE DEPARTMENT OF EDUCATION AS NECESSARY. THE
     7  DEPARTMENT SHALL REVIEW AND APPROVE OR DISAPPROVE THE
     8  APPLICATION.
     9     (E)  NOTIFICATION.--THE DEPARTMENT SHALL NOTIFY THE
    10  SCHOLARSHIP ORGANIZATION OR EDUCATIONAL IMPROVEMENT ORGANIZATION
    11  THAT THE ORGANIZATION MEETS THE REQUIREMENTS OF THIS ARTICLE FOR
    12  THAT FISCAL YEAR NO LATER THAN 60 DAYS AFTER THE ORGANIZATION
    13  HAS SUBMITTED THE INFORMATION REQUIRED UNDER THIS SECTION.
    14     (F)  PUBLICATION.--THE DEPARTMENT SHALL ANNUALLY PUBLISH A
    15  LIST OF EACH SCHOLARSHIP OR EDUCATIONAL IMPROVEMENT ORGANIZATION
    16  QUALIFIED UNDER THIS SECTION IN THE PENNSYLVANIA BULLETIN. THE
    17  LIST SHALL ALSO BE POSTED AND UPDATED, AS NECESSARY, ON THE
    18  PUBLICLY ACCESSIBLE WORLD WIDE WEB SITE OF THE DEPARTMENT.
    19  SECTION 2004-B.  APPLICATION.
    20     (A)  SCHOLARSHIP ORGANIZATION.--A BUSINESS FIRM SHALL APPLY
    21  TO THE DEPARTMENT FOR A TAX CREDIT UNDER SECTION 2005-B. A
    22  BUSINESS FIRM SHALL RECEIVE A TAX CREDIT UNDER THIS ARTICLE IF
    23  THE SCHOLARSHIP ORGANIZATION THAT RECEIVES THE CONTRIBUTION
    24  APPEARS ON THE LIST ESTABLISHED UNDER SECTION 2003-B(F).
    25     (B)  EDUCATIONAL IMPROVEMENT ORGANIZATION.--A BUSINESS FIRM
    26  MUST APPLY TO THE DEPARTMENT FOR A CREDIT UNDER SECTION 2005-B.
    27  A BUSINESS FIRM SHALL RECEIVE A TAX CREDIT UNDER THIS ARTICLE IF
    28  THE DEPARTMENT HAS APPROVED THE PROGRAM PROVIDED BY THE
    29  EDUCATIONAL IMPROVEMENT ORGANIZATION THAT RECEIVES THE
    30  CONTRIBUTION.
    20010H0996B1878                 - 28 -

     1     (C)  AVAILABILITY OF TAX CREDITS.--TAX CREDITS UNDER THIS
     2  ARTICLE SHALL BE MADE AVAILABLE BY THE DEPARTMENT ON A FIRST-
     3  COME-FIRST-SERVED BASIS WITHIN THE LIMITATION ESTABLISHED UNDER
     4  SECTION 2006-B(A).
     5     (D)  CONTRIBUTIONS.--A CONTRIBUTION BY A BUSINESS FIRM TO A
     6  SCHOLARSHIP ORGANIZATION OR EDUCATIONAL IMPROVEMENT ORGANIZATION
     7  SHALL BE MADE NO LATER THAN 60 DAYS FOLLOWING THE APPROVAL OF AN
     8  APPLICATION UNDER SUBSECTION (A) OR (B).
     9  SECTION 2005-B.  TAX CREDIT.
    10     (A)  GENERAL RULE.--IN ACCORDANCE WITH SECTION 2006-B(A), THE
    11  DEPARTMENT OF REVENUE SHALL GRANT A TAX CREDIT AGAINST ANY TAX
    12  DUE UNDER ARTICLE IV, VI, VII, VII-A, VIII, VIII-A, IX OR XV OF
    13  THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM
    14  CODE OF 1971, TO A BUSINESS FIRM PROVIDING PROOF OF A
    15  CONTRIBUTION TO A SCHOLARSHIP ORGANIZATION OR EDUCATIONAL
    16  IMPROVEMENT ORGANIZATION IN THE TAXABLE YEAR IN WHICH THE
    17  CONTRIBUTION IS MADE WHICH SHALL NOT EXCEED 75% OF THE TOTAL
    18  AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR BY THE BUSINESS FIRM.
    19  SUCH CREDIT SHALL NOT EXCEED $100,000 ANNUALLY PER BUSINESS
    20  FIRM.
    21     (B)  ADDITIONAL AMOUNT.--THE DEPARTMENT OF REVENUE SHALL
    22  GRANT A TAX CREDIT OF UP TO 90% OF THE TOTAL AMOUNT CONTRIBUTED
    23  DURING THE TAXABLE YEAR IF THE BUSINESS FIRM PROVIDES A WRITTEN
    24  COMMITMENT TO PROVIDE THE SCHOLARSHIP ORGANIZATION OR
    25  EDUCATIONAL IMPROVEMENT ORGANIZATION WITH THE SAME AMOUNT OF
    26  CONTRIBUTION FOR TWO CONSECUTIVE TAX YEARS. THE BUSINESS FIRM
    27  MUST PROVIDE THE WRITTEN COMMITMENT UNDER THIS SUBSECTION TO THE
    28  DEPARTMENT AT THE TIME OF APPLICATION.
    29  SECTION 2006-B.  LIMITATIONS.
    30     (A)  AMOUNT.--THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
    20010H0996B1878                 - 29 -

     1  APPROVED SHALL NOT EXCEED $30,000,000 IN A FISCAL YEAR. NO LESS
     2  THAN $20,000,000 OF THE TOTAL AGGREGATE AMOUNT SHALL BE USED TO
     3  PROVIDE TAX CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO
     4  SCHOLARSHIP ORGANIZATIONS. NO LESS THAN $10,000,000 OF THE TOTAL
     5  AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
     6  CONTRIBUTIONS FROM BUSINESS FIRMS TO EDUCATIONAL IMPROVEMENT
     7  ORGANIZATIONS.
     8     (B)  ACTIVITIES.--NO TAX CREDIT SHALL BE APPROVED FOR
     9  ACTIVITIES THAT ARE A PART OF A BUSINESS FIRM'S NORMAL COURSE OF
    10  BUSINESS.
    11     (C)  TAX LIABILITY.--A TAX CREDIT GRANTED FOR ANY ONE TAXABLE
    12  YEAR MAY NOT EXCEED THE TAX LIABILITY OF A BUSINESS FIRM.
    13     (D)  USE.--A TAX CREDIT NOT USED IN THE TAXABLE YEAR THE
    14  CONTRIBUTION WAS MADE MAY NOT BE CARRIED FORWARD OR CARRIED BACK
    15  AND IS NOT REFUNDABLE OR TRANSFERABLE.
    16     (E)  NONTAXABLE INCOME.--A SCHOLARSHIP RECEIVED BY AN
    17  ELIGIBLE STUDENT SHALL NOT BE CONSIDERED TO BE TAXABLE INCOME
    18  FOR THE PURPOSES OF ARTICLE III OF THE ACT OF MARCH 4, 1971
    19  (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
    20  SECTION 2007-B.  LISTS.
    21     THE DEPARTMENT OF REVENUE SHALL PROVIDE A LIST OF ALL
    22  SCHOLARSHIP ORGANIZATIONS AND EDUCATIONAL IMPROVEMENT
    23  ORGANIZATIONS RECEIVING CONTRIBUTIONS FROM BUSINESS FIRMS
    24  GRANTED A TAX CREDIT UNDER THIS ARTICLE TO THE GENERAL ASSEMBLY
    25  BY JUNE 30 OF EACH YEAR.
    26  SECTION 2008-B.  GUIDELINES.
    27     THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF
    28  EDUCATION SHALL DEVELOP GUIDELINES TO DETERMINE THE ELIGIBILITY
    29  OF AN INNOVATIVE EDUCATIONAL PROGRAM.
    30     SECTION 6.  SECTION 2509.5 OF THE ACT IS AMENDED BY ADDING
    20010H0996B1878                 - 30 -

     1  SUBSECTIONS TO READ:
     2     SECTION 2509.5.  SPECIAL EDUCATION PAYMENTS TO SCHOOL
     3  DISTRICTS.--* * *
     4     (GG)  DURING THE 2001-2002 SCHOOL YEAR, EACH SCHOOL DISTRICT
     5  SHALL BE PAID THE AMOUNT IT RECEIVED DURING THE 2000-2001 SCHOOL
     6  YEAR UNDER SUBSECTIONS (BB), (CC), (DD), (EE) AND (FF).
     7     (HH)  DURING THE 2001-2002 SCHOOL YEAR, SIXTY-FOUR MILLION
     8  NINE HUNDRED THOUSAND DOLLARS ($64,900,000) OF THE FUNDS
     9  APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR SPECIAL
    10  EDUCATION SHALL BE USED TO PROVIDE SUPPLEMENTAL FUNDING FOR
    11  SPECIAL EDUCATION TO ALL SCHOOL DISTRICTS. THE SUPPLEMENTAL
    12  FUNDING SHALL BE CALCULATED AS FOLLOWS: MULTIPLY EACH SCHOOL
    13  DISTRICT'S 2001-2002 MARKET VALUE/INCOME AID RATIO BY SIXTEEN
    14  PER CENTUM (16%) OF THE 2000-2001 AVERAGE DAILY MEMBERSHIP AND
    15  MULTIPLY THIS PRODUCT BY SIXTY-FOUR MILLION NINE HUNDRED
    16  THOUSAND DOLLARS ($64,900,000) AND DIVIDE THE RESULTANT PRODUCT
    17  BY THE SUM OF THE PRODUCTS OF THE 2001-2002 MARKET VALUE INCOME
    18  AID RATIO MULTIPLIED BY SIXTEEN PER CENTUM (16%) OF THE 2000-
    19  2001 AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL DISTRICTS.
    20     (II)  DURING THE 2001-2002 SCHOOL YEAR, A SCHOOL DISTRICT
    21  WITH AN INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED STUDENTS
    22  GREATER THAN ONE HUNDRED TWENTY-FIVE PER CENTUM (125%) OF THE
    23  STATEWIDE AVERAGE INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED
    24  STUDENTS SHALL QUALIFY TO RECEIVE A SUPPLEMENTAL PAYMENT, AS
    25  SPECIFIED IN THIS SUBSECTION, FROM FUNDS APPROPRIATED TO THE
    26  DEPARTMENT OF EDUCATION FOR SPECIAL EDUCATION. A SCHOOL
    27  DISTRICT'S INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED
    28  STUDENTS SHALL BE CALCULATED BY DIVIDING THE SCHOOL DISTRICT'S
    29  1999 CHILD COUNT OF STUDENTS WITH DISABILITIES COLLECTED AND
    30  REPORTED UNDER SECTIONS 611(D)(2) AND 618(A) OF THE INDIVIDUALS
    20010H0996B1878                 - 31 -

     1  WITH DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. §§
     2  1411(D)(2) AND 1418(A)) AND 34 CFR 300.750 (RELATING TO ANNUAL
     3  REPORT OF CHILDREN SERVED--REPORT REQUIREMENT) BY THE SCHOOL
     4  DISTRICT'S 1999-2000 TOTAL ENROLLMENT, INCLUDING STUDENTS
     5  ATTENDING PUBLIC CHARTER SCHOOLS, REPORTED TO THE DEPARTMENT OF
     6  EDUCATION. THE STATEWIDE AVERAGE INCIDENCE RATE OF MILDLY AND
     7  SEVERELY DISABLED STUDENTS SHALL BE CALCULATED BY DIVIDING THE
     8  STATEWIDE TOTAL 1999 CHILD COUNT OF STUDENTS WITH DISABILITIES
     9  FOR ALL SCHOOL DISTRICTS BY THE 1999-2000 STATEWIDE TOTAL
    10  ENROLLMENT, INCLUDING STUDENTS ATTENDING PUBLIC CHARTER SCHOOLS,
    11  FOR ALL SCHOOL DISTRICTS. THE PAYMENT TO A QUALIFYING SCHOOL
    12  DISTRICT SHALL BE CALCULATED AS FOLLOWS:
    13     (1)  SUBTRACT ONE HUNDRED TWENTY-FIVE PER CENTUM (125%) OF
    14  THE STATEWIDE AVERAGE INCIDENCE RATE FROM THE SCHOOL DISTRICT'S
    15  INCIDENCE RATE;
    16     (2)  MULTIPLY THE DIFFERENCE OBTAINED IN CLAUSE (1) BY THE
    17  SCHOOL DISTRICT'S 2000-2001 SCHOOL YEAR AVERAGE DAILY
    18  MEMBERSHIP; AND
    19     (3)  MULTIPLY THE PRODUCT OBTAINED IN CLAUSE (2) BY ONE
    20  THOUSAND SIX HUNDRED FIFTY DOLLARS ($1,650).
    21     (JJ)  FOR THE 2001-2002 SCHOOL YEAR, EACH SCHOOL DISTRICT
    22  SHALL RECEIVE ADDITIONAL FUNDING AS NECESSARY SO THAT THE SUM OF
    23  THE PAYMENTS SCHOOL DISTRICTS RECEIVE UNDER SUBSECTIONS (GG),
    24  (HH), (II) AND THIS SUBSECTION IS GREATER THAN OR EQUAL TO ONE
    25  HUNDRED FIVE PER CENTUM (105%) OF THE PAYMENTS TO SCHOOL
    26  DISTRICTS FOR THE 2000-2001 SCHOOL YEAR UNDER SUBSECTIONS (BB),
    27  (CC), (DD), (EE) AND (FF).
    28     SECTION 7.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    29         (1)  THE FOLLOWING PROVISIONS OF THE ACT SHALL TAKE
    30     EFFECT JULY 1, 2001, OR IMMEDIATELY, WHICHEVER IS LATER:
    20010H0996B1878                 - 32 -

     1             (I)  THE ADDITION OF SECTION 1423 OF THE ACT.
     2             (II)  THE ADDITION OF ARTICLE XV-C OF THE ACT.
     3             (III)  THE ADDITION OF ARTICLE XX-B OF THE ACT.
     4             (IV)  THE ADDITION OF SECTION 2509.5(GG), (HH), (II)
     5         AND (JJ) OF THE ACT.
     6         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
     7     IMMEDIATELY.
















    B20L24DMS/20010H0996B1878       - 33 -