Bill Summary – FastDemocracy

PRINTER'S NO.   1363
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1055
                                                Session of
                                                  2024
     INTRODUCED BY COMITTA, FEBRUARY 12, 2024
     REFERRED TO EDUCATION, FEBRUARY 12, 2024
                                    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 intermediate units, repealing
    provisions relating to psychological services; in
    professional employees, further providing for definitions and
    providing for school social workers; and, in school health
    services, further providing for health services and providing
    for school counselors, school psychologists, school social
    workers and school nurses.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 923.1-A of the act of March 10, 1949
 (P.L.30, No.14), known as the Public School Code of 1949, is
 repealed:
    [Section 923.1-A.    Psychological Services.--(a)    Legislative
 Finding; Declaration of Policy. It is today recognized that
 diagnostic and evaluative psychological services to children are
 closely related to their physical, mental and emotional health.
 Such services can best be rendered upon the premises of the
 school which the child regularly attends, and forcing children
 to go to other premises in order to have such needed services is
 found by the General Assembly to be both inadequate and harmful.
 The General Assembly expressly finds and declares diagnostic and
 evaluative psychological services for children to be health
 services, and it is the intention of the General Assembly now to
 make these available, on a general and even-handed basis, to all
 school children in the Commonwealth.
    (b)   Definitions.--The following terms, whenever used or
 referred to in this section, shall have the following meanings,
 except in those circumstances where the context clearly
 indicates otherwise:
    "Nonpublic school" means any nonprofit school, other than a
 public school within the Commonwealth of Pennsylvania, wherein a
 resident of the Commonwealth may legally fulfill the compulsory
 school attendance requirements and which meets the requirements
 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352).
    "Psychological services" means diagnostic and evaluative
 psychological services for children.
    (c)   Provision of Services.--The Secretary of Education
 directly, or through the intermediate units out of their
 allocation under section 922.1-A of this act shall have the
 power and duty to furnish free to nonpublic school students,
 upon the premises of the nonpublic schools which they regularly
 attend, psychological services provided that such services are
 also afforded to public school students by the public school
 district in which such nonpublic school is located.]
    Section 2.   Section 1101(1) of the act is amended to read:
    Section 1101.   Definitions.--As used in this article,
    (1)   The term "professional employe" shall include those who
 are certificated, such as teachers, supervisors, supervising
 principals, principals, assistant principals, vice-principals,
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 directors of career and technical education, dental hygienists,
 visiting teachers, home and school visitors, school social
 workers, school counselors, child nutrition program specialists,
 school librarians, school secretaries the selection of whom is
 on the basis of merit as determined by eligibility lists and
 school nurses.
    * * *
    Section 3.     The act is amended by adding a section to read:
    Section 1107.1.    School Social Workers.--(a)   A school entity
 that employs a school social worker must require the individual
 employed in the position to hold an educational specialist
 certificate for school social workers issued by the Department
 of Education.
    (b)   The requirements of subsection (a) shall not apply when
 the individual:
    (1)   meets the exception for a school social worker as
 specified in section 20(a.1) of the act of July 9, 1987
 (P.L.220, No.39), known as the "Social Workers, Marriage and
 Family Therapists and Professional Counselors Act"; or
    (2)   is employed as or performing the duties of a school
 social worker in a school entity in this Commonwealth and holds
 either a social worker license issued by the Department of State
 or another certificate issued by the Department of Education
 prior to the development of an educational specialist
 certificate for school social workers by the Department of
 Education under subsection (c).
    (c)   The Department of Education shall develop an educational
 specialist certificate for school social workers no later than
 sixty (60) days after the effective date of this section.
    (d)   For the purposes of this section, the term "school
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 entity" shall mean a public school district, intermediate unit,
 charter school, cyber charter school, regional charter school or
 area career and technical school operating in this Commonwealth.
    Section 4.   Section 1402 of the act is amended by adding a
 subsection to read:
    Section 1402.   Health Services.--* * *
    (f.1)   The following shall apply:
    (1)   When a student who enrolls in a school entity previously
 attended a different school entity within this Commonwealth, the
 school entity in which the student is newly enrolled shall
 request, and the school entity the student previously attended
 shall surrender, the student's comprehensive health record
 maintained under this section.
    (2)   A school entity may not destroy a student's
 comprehensive health record maintained under this section for a
 period of at least two (2) years after the student ceases to be
 enrolled, but at the discretion of the school entity, may
 surrender all or a portion the student's comprehensive health
 record to the student's parent or guardian if the student does
 not re-enroll in a school entity.
    (3)   As used in this subsection, the term "school entity"
 shall mean a school district, charter school, regional charter
 school, cyber charter school, nonpublic school, intermediate
 unit or area career and technical school operating within this
 Commonwealth.
    * * *
    Section 5.   The act is amended by adding a section to read:
    Section 1426.   School Counselors, School Psychologists,
 School Social Workers and School Nurses.--(a)   Every student of
 school age shall be provided with school counseling,
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 psychological, social work and school nursing services by an
 individual employed by the school entity who meets the
 qualification requirements for the position as established by
 the General Assembly or the Department of Education. The ratio
 for each type of service shall be as follows:
    (1)   The number of students under the care of each school
 counselor shall not exceed two hundred fifty (250).
    (2)   The number of students under the care of each school
 psychologist shall not exceed five hundred (500).
    (3)   The number of students under the care of each school
 social worker shall not exceed two hundred fifty (250).
    (4)   The number of students under the care of each school
 nurse shall not exceed seven hundred fifty (750) in a regular
 education population, two hundred twenty-five (225) in a mixed
 regular education and special education population and one
 hundred twenty-five (125) for students with severe or profound
 disabilities.
    (b)   School counselors, school psychologists and school
 social workers shall work with other school employes, including,
 but not limited to, school administrators, teachers, school
 physicians, school nurses, home and school visitors, school
 dental hygienists and related service providers, to deliver
 intervention, assessment and support services to students and to
 provide referral to community resources as available and
 appropriate. With parental consent and authorization from an
 administrator of the school entity, school counselors, school
 psychologists and school social workers may consult with the
 student's private health care provider when necessary for the
 provision of appropriate services to the student.
    (c)   For each student, the school entity must include in the
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 student's comprehensive health record required to be maintained
 under section 1402(b) documentation of social, emotional and
 behavioral data which a school counselor, school psychologist,
 school social worker or school nurse has submitted to the
 administration of the school entity and deems pertinent to a
 student's mental or behavioral health.
    (d)   Documentation included in a student's comprehensive
 health record under this section shall be confidential and shall
 be divulged only if necessary for the assessment of and
 intervention with students whose behavior may indicate a threat
 to the safety of the student, other students, school employees,
 school facilities, the community or others, or at the request of
 the parent or guardian, to a physician, psychiatrist or
 psychologist legally qualified to practice in this Commonwealth.
    (e)   As used in this section:
    "Department" means the Department of Education of the
 Commonwealth.
    "School counselor" means an individual who holds a valid
 certificate for Elementary and Secondary School Counselor issued
 by the department which qualifies the individual to be employed
 by and working within a school entity.
    "School entity" means a school district, charter school,
 regional charter school, cyber charter school, intermediate unit
 or area career and technical school operating within this
 Commonwealth.
    "School nurse" means an individual who holds a valid
 certificate for School Nurse issued by the department which
 qualifies the individual to be employed by and working within a
 school entity.
    "School psychologist" means an individual who holds a valid
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 certificate for School Psychologist issued by the department
 which qualifies the individual to be employed by and working
 within a school entity.
    "School social worker" means an individual who:
    (1)   holds an educational specialist certificate for school
 social workers issued by the department;
    (2)   meets the exception for a school social worker as
 specified in section 20(a.1) of the act of July 9, 1987
 (P.L.220, No.39), known as the "Social Workers, Marriage and
 Family Therapists and Professional Counselors Act"; or
    (3)   is employed as or performing the duties of a school
 social worker in a school entity in this Commonwealth and holds
 either a social worker license issued by the Department of State
 or another certificate issued by the department prior to the
 department's development of an educational specialist
 certificate for school social workers.
    Section 6.   This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 1363: P.L.30, No.14, P.L.220, No.39