Bill Summary – FastDemocracy

PRIOR PRINTER'S NOS. 17, 1639, 1987,
                                        PRINTER'S NO.    2106
                  THE GENERAL ASSEMBLY OF PENNSYLVANIA
                      HOUSE BILL
                      No. 27
                                             Session of
                                               2023
     INTRODUCED BY STRUZZI, SMITH, ARMANINI, FLICK, KINKEAD, JAMES
        AND SCHLEGEL, MARCH 7, 2023
     AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
        OCTOBER 4, 2023
                                  AN ACT
 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
    act relating to the public school system, including certain
    provisions applicable as well to private and parochial
    schools; amending, revising, consolidating and changing the
    laws relating thereto," in preliminary provisions, further
    providing for BASIC EDUCATION FUNDING COMMISSION AND FOR        <--
    special provisions applicable to limited school years,          <--
    ESTABLISHING THE CHILD REUNIFICATION PROGRAM IN THE
    DEPARTMENT OF EDUCATION AND PROVIDING FOR MINIMUM NUMBER OF
    DAYS OR HOURS, FOR PUBLIC JOB POSTING DATABASE, FOR
    INSTRUCTIONAL VACANCY DATA AND FOR DATA TRANSPARENCY; IN
    DUTIES AND POWERS OF BOARDS OF SCHOOL DIRECTORS, FURTHER
    PROVIDING FOR ADDITIONAL SCHOOLS AND DEPARTMENTS; IN SCHOOL
    FINANCES, PROVIDING FOR SCHOOL DISTRICT BUDGET TIMELINE FOR
    2024 AND FOR PROCEDURE FOR SECURING APPROVAL OF ELECTORS; IN
    GROUNDS AND BUILDINGS, FURTHER PROVIDING FOR LIMITATION ON
    NEW APPLICATIONS FOR DEPARTMENT OF EDUCATION APPROVAL OF
    PUBLIC SCHOOL BUILDING PROJECTS; IN SCHOOL DIRECTORS'
    ASSOCIATIONS AND COUNTY BOARDS OF SCHOOL DIRECTORS, FURTHER
    PROVIDING FOR POWERS AND DUTIES; in intermediate units,
    further providing for VISUAL SERVICES AND FOR school safety     <--
    and security enhancements; IN PROFESSIONAL EMPLOYEES,           <--
    REPEALING PROVISIONS RELATING TO RELIGIOUS GARB, INSIGNIA,
    ETC., PROHIBITED AND PENALTY; in certification of teachers,
    further providing for substitute teaching permit for
    prospective teachers, for locally issued temporary
    certification for substitute teachers and for permit for
    classroom monitors; PROVIDING FOR EDUCATOR PIPELINE SUPPORT     <--
    GRANT PROGRAM; IN PUPILS AND ATTENDANCE, FURTHER PROVIDING
    FOR COMPULSORY EDUCATION OF PHYSICAL DEFECTIVES, FOR
    DEPENDENT CHILDREN, FOR COST OF TUITION AND MAINTENANCE OF
    CERTAIN EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS, FOR
  PAYMENT OF COST OF TUITION AND MAINTENANCE OF CERTAIN
  EXCEPTIONAL CHILDREN, FOR TRANSFER OF FUNDS FOR TRANSFERAL
  PROGRAMS AND FOR CHILDREN UNDER SIX WITH DEFECTIVE HEARING
  AND PARENT OR GUARDIAN ADVISED OF SCHOOLS, ETC.; in safe
  schools, further providing for definitions and for Office for
  Safe Schools, repealing provisions relating to regulations
  and to reporting, further providing for policy relating to
  bullying and for maintenance of records, repealing provisions
  relating to safe schools advocate in school districts of the
  first class, to standing, to enforcement and to construction
  of article and other laws; in school safety and security,
  further providing for definitions and for School Safety and
  Security Committee, providing for duties of committee,
  further providing for School Safety and Security Grant
  Program, providing for Targeted School Safety Grants for
  Nonpublic Schools AND SCHOOL ENTITIES Program, for            <--
  standardized protocols, for county safe schools'
  collaborative and for school mental health grants for 2023-
  2024 school year, further providing for school safety and
  security coordinator training and providing for reporting and
  memorandum of understanding, for safe schools advocate in
  school districts of the first class and for enforcement; in
  school security, further providing for definitions, for
  school police officers, for annual report and for school
  security guards; IN SCHOOL HEALTH SERVICES, FURTHER PROVIDING <--
  FOR DENTAL EXAMINATIONS AND DENTAL HYGIENE SERVICES AND
  PROVIDING FOR EATING DISORDER AWARENESS AND EDUCATION; IN
  DRUG AND ALCOHOL RECOVERY HIGH SCHOOL PROGRAM, PROVIDING FOR
  ENROLLMENT OF STUDENTS; IN TERMS AND COURSES OF STUDY,
  PROVIDING FOR CALCULATION OF AVERAGE DAILY MEMBERSHIP FOR A
  DUAL CREDIT COURSE AND FURTHER PROVIDING FOR ECONOMIC
  EDUCATION AND PERSONAL FINANCIAL LITERACY PROGRAMS; IN EARLY
  LEARNING PROGRAMS, PROVIDING FOR QUARTERLY MEETINGS; IN
  CHARACTER EDUCATION PROGRAM, FURTHER PROVIDING FOR CHARACTER
  EDUCATION PROGRAM; PROVIDING FOR THE DUAL CREDIT INNOVATION
  AND EQUITY GRANT PROGRAM; IN HIGH SCHOOLS, FURTHER PROVIDING
  FOR ATTENDANCE IN OTHER DISTRICTS; IN COMMUNITY COLLEGES,
  FURTHER PROVIDING FOR FINANCIAL PROGRAM AND REIMBURSEMENT OF
  PAYMENTS; IN EDUCATIONAL TAX CREDITS, FURTHER PROVIDING FOR
  QUALIFICATION AND APPLICATION BY ORGANIZATIONS, FOR
  LIMITATIONS AND FOR LOW-ACHIEVING SCHOOLS; IN SCHOOL
  DISTRICTS OF THE FIRST CLASS, FURTHER PROVIDING FOR
  QUALIFICATIONS OF PRINCIPALS AND TEACHERS; IN FUNDING FOR
  PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR FISCAL YEAR
  2023-2024; IN CREDIT CARD MARKETING, FURTHER PROVIDING FOR
  REGULATION OF ON-CAMPUS CREDIT CARD MARKETING; IN
  REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS,
  FURTHER PROVIDING FOR DEFINITIONS AND FOR PAYMENTS ON ACCOUNT
  OF PUPILS ENROLLED IN CAREER AND TECHNICAL CURRICULUMS,
  PROVIDING FOR LEVEL-UP SUPPLEMENT FOR 2022-2023 SCHOOL YEAR,
  FURTHER PROVIDING FOR PAYMENTS ON ACCOUNT OF COURSES FOR
  EXCEPTIONAL CHILDREN, FOR PAYMENTS TO INTERMEDIATE UNITS, FOR
  ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL
  RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL WATCH STATUS, FOR
  PAYMENTS, FOR PAYMENTS ON ACCOUNT OF PUPIL TRANSPORTATION,
  FOR READY-TO-LEARN BLOCK GRANT AND FOR PAYMENT OF REQUIRED
  CONTRIBUTION FOR PUBLIC SCHOOL EMPLOYEES' SOCIAL SECURITY; IN
  CONSTRUCTION AND RENOVATION OF BUILDINGS BY SCHOOL ENTITIES,
  FURTHER PROVIDING FOR APPLICABILITY; PROVIDING FOR SCHOOL
  ENVIRONMENTAL REPAIRS PROGRAM; ABROGATING A REGULATION; and
20230HB0027PN2106               - 2 -
    making an editorial change.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.     Section 129 SECTIONS 123(K)(2) AND 129 of the act <--
 of March 10, 1949 (P.L.30, No.14), known as the Public School
 Code of 1949, is ARE amended to read:                                 <--
    SECTION 123.     BASIC EDUCATION FUNDING COMMISSION.--* * *        <--
    (K)   * * *
    (2)   NOTWITHSTANDING PARAGRAPH (1), THE COMMISSION SHALL BE
 RECONSTITUTED JULY 1, 2022, AND SHALL ISSUE THE REPORT TO THE
 RECIPIENTS LISTED IN SUBSECTION (I)(12) NOT LATER THAN [NOVEMBER
 30, 2023] JANUARY 11, 2024.
    * * *
    Section 129.     Special Provisions Applicable to Limited School
 Years.--Notwithstanding any provision of law or regulation to
 the contrary, [for the 2021-2022 and 2022-2023 school years,]
 if, in the judgment of a school employer, an emergency or
 shortage of day-to-day substitute teachers exists under 24
 Pa.C.S. § 8346(b) (relating to termination of annuities), the
 school employer may hire an annuitant, as defined in 24 Pa.C.S.
 § 8102 (relating to definitions), regardless of whether the
 school employer first attempts to secure nonretired personnel,
 except that the school employer shall comply with section
 1125.1(d)(2) by first offering the work to any certified
 professional employe on a recall list. The provisions of 24
 Pa.C.S. § 8346(b) regarding the continuation of annuity or
 distributions to an annuitant who returns to school service
 during an emergency shall apply to annuitants hired under this
 section. Nothing under this section shall supersede or preempt a
 provision of an existing collective bargaining agreement between
20230HB0027PN2106                    - 3 -
 a school employer and an exclusive representative of the
 employes under the act of July 23, 1970 (P.L.563, No.195), known
 as the "Public Employe Relations Act."
    SECTION 1.1.   THE ACT IS AMENDED BY ADDING SECTIONS TO READ:   <--
    SECTION 130.   CHILD REUNIFICATION PROGRAM.--(A)   THE CHILD
 REUNIFICATION PROGRAM IS ESTABLISHED IN THE DEPARTMENT TO ASSIST
 IN LOCATING AND RETURNING MISSING CHILDREN BY PROVIDING
 IDENTIFICATION KITS AS PROVIDED IN THIS SECTION.
    (B)   BEGINNING WITH THE 2023-2024 SCHOOL YEAR, AND EACH
 SCHOOL YEAR THEREAFTER, THE DEPARTMENT SHALL PROVIDE, TO THE
 EXTENT MONEY IS APPROPRIATED OR OTHERWISE AVAILABLE TO THE
 DEPARTMENT FOR THE PURPOSE, A SCHOOL ENTITY WITH IDENTIFICATION
 KITS TO BE DISTRIBUTED TO THE PARENTS AND LEGAL GUARDIANS OF
 ELIGIBLE CHILDREN.
    (B.1)   EACH SCHOOL YEAR, THE DEPARTMENT SHALL PROVIDE A
 NOTICE TO SCHOOL DISTRICTS IF THE SECRETARY OF EDUCATION
 DETERMINES THAT MONEY IS AVAILABLE UNDER SUBSECTION (B).
    (C)   NO LATER THAN THIRTY (30) DAYS AFTER A NOTICE UNDER
 SUBSECTION (B.1), THE DEPARTMENT AND EACH SCHOOL ENTITY SHALL
 POST A NOTICE ON THEIR PUBLICLY ACCESSIBLE INTERNET WEBSITES
 THAT IDENTIFICATION KITS ARE AVAILABLE TO ELIGIBLE CHILDREN, A
 DESCRIPTION OF THE PURPOSE OF THE IDENTIFICATION KITS AND
 INSTRUCTIONS FOR A PARENT OR LEGAL GUARDIAN OF AN ELIGIBLE CHILD
 TO OPT IN TO RECEIVE AN IDENTIFICATION KIT FOR THE ELIGIBLE
 CHILD.
    (D)   NO LATER THAN ONE HUNDRED TWENTY (120) DAYS AFTER A
 NOTICE UNDER SUBSECTION (B.1), A SCHOOL ENTITY SHALL DISTRIBUTE
 IDENTIFICATION KITS AT NO COST TO THE PARENTS AND LEGAL
 GUARDIANS OF AN ELIGIBLE CHILD OF THE SCHOOL ENTITY WHO OPTS IN
 TO RECEIVING AN IDENTIFICATION KIT THROUGH A PROCESS DETERMINED
20230HB0027PN2106                  - 4 -
 BY THE SCHOOL ENTITY.
    (E)   THE SCHOOL DISTRICT OF RESIDENCE SHALL MAKE ONE
 IDENTIFICATION KIT AVAILABLE UNDER SUBSECTION (D) PER ELIGIBLE
 CHILD TO PARENTS AND LEGAL GUARDIANS OF ELIGIBLE CHILDREN
 ENROLLED IN HOME EDUCATION PROGRAMS UNDER SECTION 1327.1 WHO
 REQUEST AN IDENTIFICATION KIT.
    (F)   A SCHOOL ENTITY SHALL RECORD THE NUMBER OF
 IDENTIFICATION KITS DISTRIBUTED EACH SCHOOL YEAR AND SHALL
 ANNUALLY REPORT TO THE DEPARTMENT, IN A MANNER PRESCRIBED BY THE
 DEPARTMENT, THE NUMBER OF IDENTIFICATION KITS DISTRIBUTED.
    (G)   A SCHOOL ENTITY MAY NOT RETAIN INFORMATION ABOUT THE
 PARENTS AND LEGAL GUARDIANS WHO RECEIVED IDENTIFICATION KITS
 UNDER THE PROGRAM.
    (H)   A PARENT OR LEGAL GUARDIAN WHO RECEIVES AN
 IDENTIFICATION KIT MAY SUBMIT THE IDENTIFICATION KIT, ALONG WITH
 A PHYSICAL DESCRIPTION OF THE ELIGIBLE CHILD, TO LAW ENFORCEMENT
 FOR THE SOLE PURPOSE, IF THE ELIGIBLE CHILD IS MISSING, OF
 LOCATING AND RETURNING THE ELIGIBLE CHILD TO THE PARENT OR LEGAL
 GUARDIAN.
    (I)   INFORMATION RECORDED IN AN IDENTIFICATION KIT IS NOT A
 PUBLIC RECORD AND IS NOT ACCESSIBLE FOR INSPECTION AND
 DUPLICATION IN ACCORDANCE WITH THE ACT OF FEBRUARY 14, 2008
 (P.L.6, NO.3), KNOWN AS THE "RIGHT-TO-KNOW LAW."
    (J)   THE DEPARTMENT MAY REQUIRE A SCHOOL ENTITY TO RETURN TO
 THE DEPARTMENT UNDISTRIBUTED IDENTIFICATION KITS OR MAY OFFSET
 THE NUMBER OF UNDISTRIBUTED IDENTIFICATION KITS AGAINST THE
 NUMBER OF IDENTIFICATION KITS DELIVERED TO THE SCHOOL ENTITY IN
 THE FOLLOWING SCHOOL YEAR.
    (K)   EACH SCHOOL YEAR IN WHICH THE DEPARTMENT PROVIDES A
 NOTICE UNDER SUBSECTION (B.1), THE DEPARTMENT SHALL POST A
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 REPORT OF THE TOTAL NUMBER OF IDENTIFICATION KITS DISTRIBUTED TO
 SCHOOL ENTITIES AND THE NUMBER OF IDENTIFICATION KITS
 DISTRIBUTED BY EACH SCHOOL ENTITY UNDER THE PROGRAM ON THE
 DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
    (L)   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:
    "DEPARTMENT."    THE DEPARTMENT OF EDUCATION OF THE
 COMMONWEALTH.
    "ELIGIBLE CHILD."    A CHILD ENROLLED IN THE FIRST GRADE.
    "IDENTIFICATION KIT."     AN IN-HOME FINGERPRINT AND DNA
 IDENTIFICATION KIT.
    "PROGRAM."     THE CHILD REUNIFICATION PROGRAM ESTABLISHED IN
 THIS SECTION.
    "SCHOOL ENTITY."    A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL
 CHARTER SCHOOL, CYBER CHARTER SCHOOL, INTERMEDIATE UNIT AND
 NONPUBLIC SCHOOL.
    SECTION 131.     MINIMUM NUMBER OF DAYS OR HOURS.--(A)
 NOTWITHSTANDING SECTION 520.1 OR 1501 OR OTHER PROVISION OF LAW
 TO THE CONTRARY, BEGINNING IN THE 2023-2024 SCHOOL YEAR AND
 CONTINUING EACH SCHOOL YEAR THEREAFTER, A SCHOOL ENTITY SHALL
 PROVIDE WITHIN THE SCHOOL YEAR:
    (1)   A MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS OF
 INSTRUCTION; OR
    (2)   NINE HUNDRED (900) HOURS OF INSTRUCTION AT THE
 ELEMENTARY LEVEL OR NINE HUNDRED NINETY (990) HOURS OF
 INSTRUCTION AT THE SECONDARY LEVEL.
    (B)   NOTHING IN THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE
 OR PREEMPT A PROVISION OF A COLLECTIVE BARGAINING AGREEMENT
 ENTERED INTO BETWEEN A SCHOOL EMPLOYER AND AN EXCLUSIVE
20230HB0027PN2106                    - 6 -
 REPRESENTATIVE OF THE EMPLOYES UNDER THE ACT OF JULY 23, 1970
 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT,"
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
    (C)   AS USED IN THIS SECTION, THE TERM "SCHOOL ENTITY" SHALL
 MEAN A SCHOOL DISTRICT, INTERMEDIATE UNIT OR AREA CAREER AND
 TECHNICAL SCHOOL.
    SECTION 132.     PUBLIC JOB POSTING DATABASE.--(A)   THE
 DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PUBLIC DATABASE FOR
 SCHOOL ENTITIES OR NONPUBLIC SCHOOLS TO VOLUNTARILY ADVERTISE
 EMPLOYE VACANCIES ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
 INTERNET WEBSITE. THE DATABASE SHALL, AT A MINIMUM:
    (1)   ALLOW A SCHOOL ENTITY OR NONPUBLIC SCHOOL TO POST IN
 REAL TIME AN EMPLOYE VACANCY. THE DEPARTMENT SHALL DETERMINE
 INFORMATION TO BE REQUIRED AS PART OF A POSTING.
    (2)   PROVIDE FOR A TIME-LIMITED EXPIRATION OF A POSTING MADE
 BY A SCHOOL ENTITY OR NONPUBLIC SCHOOL.
    (3)   BE SEARCHABLE BY, AT A MINIMUM, COUNTY, INTERMEDIATE
 UNIT, SCHOOL ENTITY, GRADE LEVEL, EMPLOYE TYPE AND ACADEMIC
 CONTENT AREA.
    (4)   BE MADE AVAILABLE AT NO COST TO A SCHOOL ENTITY,
 NONPUBLIC SCHOOL OR PROSPECTIVE EMPLOYE.
    (B)   A SCHOOL ENTITY OR NONPUBLIC SCHOOL MAY SUBMIT A POSTING
 TO THE DATABASE ESTABLISHED UNDER SUBSECTION (A) FOR AN OPEN
 POSITION OR AN ANTICIPATED OPEN POSITION.
    (C)   THE DEPARTMENT MAY CONTRACT WITH A THIRD PARTY TO
 OPERATE THE DATABASE ESTABLISHED UNDER SUBSECTION (A).
    (D)   AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
 THE CONTEXT CLEARLY INDICATES OTHERWISE:
    "DEPARTMENT."    THE DEPARTMENT OF EDUCATION OF THE
20230HB0027PN2106                    - 7 -
 COMMONWEALTH.
    "EMPLOYE."   THE FOLLOWING:
    (1)   A "PROFESSIONAL EMPLOYE" AS DEFINED IN SECTION 1101(1).
    (2)   A PARAPROFESSIONAL OR EDUCATIONAL INTERPRETER AS
 DESCRIBED UNDER 22 PA. CODE § 14.105 (RELATING TO PERSONNEL).
    (3)   ANY OTHER EMPLOYE IN A SCHOOL ENTITY OR NONPUBLIC SCHOOL
 AS DETERMINED BY THE DEPARTMENT.
    "NONPUBLIC SCHOOL."   AS DEFINED IN SECTION 923.3-A(B).
    "SCHOOL ENTITY."   A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL
 CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL
 SCHOOL OPERATING WITHIN THIS COMMONWEALTH.
    SECTION 133.   INSTRUCTIONAL VACANCY DATA.--(A)   THE
 DEPARTMENT SHALL REQUIRE A SCHOOL ENTITY TO SUBMIT CERTAIN
 INFORMATION RELATING TO INSTRUCTIONAL VACANCIES, INCLUDING, AT A
 MINIMUM, THE NUMBER OF INSTRUCTIONAL VACANCIES, THE NUMBER OF
 EMERGENCY PERMITS UTILIZED BY A SCHOOL ENTITY AND THE NUMBER OF
 POSITIONS OCCUPIED BY LONG-TERM SUBSTITUTES. THE DEPARTMENT
 SHALL DETERMINE THE FORM AND MANNER IN WHICH THE INFORMATION IS
 TO BE SUBMITTED BY A SCHOOL ENTITY. TO THE BEST EXTENT POSSIBLE,
 THE DEPARTMENT SHALL UTILIZE EXISTING REPORTING METHODS TO
 COLLECT THIS DATA. BY AUGUST 31, 2024, AND EACH AUGUST 31
 THEREAFTER, EACH SCHOOL ENTITY SHALL REPORT THE FOLLOWING TO THE
 DEPARTMENT:
    (1)   THE TOTAL BUDGETED COMPLEMENT OF INSTRUCTIONAL EMPLOYES
 FOR THAT FISCAL YEAR AND VACANCIES INCLUDED IN THE FINAL ADOPTED
 BUDGET OF A BOARD OF SCHOOL DIRECTORS.
    (2)   THE QUARTERLY AVERAGE NUMBER OF INSTRUCTIONAL EMPLOYE
 VACANCIES THE SCHOOL ENTITY HAD DURING THE SCHOOL YEAR.
    (B)   THE DEPARTMENT SHALL MAINTAIN THE INFORMATION COLLECTED
 UNDER SUBSECTION (A) ON ITS PUBLICLY ACCESSIBLE INTERNET
20230HB0027PN2106                     - 8 -
 WEBSITE.
    (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:
    "DEPARTMENT."     THE DEPARTMENT OF EDUCATION OF THE
 COMMONWEALTH.
    "SCHOOL ENTITY."     A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL
 CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL
 SCHOOL OPERATING WITHIN THIS COMMONWEALTH.
    SECTION 134.     DATA TRANSPARENCY.--(A)   TO THE EXTENT THAT
 FUNDING IS MADE AVAILABLE, NO LATER THAN DECEM