PUBLIC SCHOOL CODE OF 1949

Act of Mar. 10, 1949, P.L. 30, No. 14

AN ACT

Cl. 24

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.
TABLE OF CONTENTS
ARTICLE I.
PRELIMINARY PROVISIONS.
Section
Section
Section
Section
Section
Section

101.
102.
103.
104.
105.
106.

Section
Section
Section
Section
Section

107.
108.
109.
110.
111.

Section 112.
Section 113.
Section 114.
Section 115.
Section 116.
Section 117.
Section 118.
Section 119.
Section
Section
Section
Section

120.
121.
122.
123.

Short Title and Effective Date.

Definitions.
Excluded Provisions.
Saving Clause.
Right of Appeal Saved.
Publication of Notices, etc.; Proofs of
Publication.
Compensation for Services or Additional Services.
Religious or Political Tests, etc., Prohibited.
Disposition of Fines.
Official Visitors Access to Public Schools.
Criminal History of Employes and Prospective
Employes; Conviction of Certain Offenses.
Report of Racial and Ethnic Groupings.
Study of Public Schools that Provide Internet
Instruction.
Report of Graduate Rates for Certain Colleges and
Universities.
Optometric Externs.
Technical Assistance and Information Provided by
Department of Education.
Prohibition of Certain Regulations for the
2008-2009 Fiscal Year.
Collection of Identifying Information of Students
Attending Institutions of Higher Education.
Adjustments Based on Consumer Price Index
(Repealed).
Adjustments Based on Consumer Price Index.
Keystone Exams.
Special Education Funding Commission.
Basic Education Funding Commission.
ARTICLE II.
SCHOOL DISTRICTS.
(a)

Section
Section
Section
Section
Section

201.
202.
203.
204.
205.

Designation and Classification.

How Constituted.
Classification.
Creation of New Cities, Boroughs, and Townships.
Basis for and Change of Classification.
Change of Class; How Effected.
(b)

Section 211.
Section 212.
Section 213.

Powers and Duties, etc.

General Powers of Districts.

Corporate Seal.
Right to Sue and be Sued.

Section
Section
Section
Section
Section
Section
Section
Section
Section

214.
215.
216.
217.
218.
219.
220.
221.
221.1

Section 222.
Section 223.

Competency as Witnesses.
Conveyances by Districts.
Gifts to Districts; Investment Accounts.
Unlawful Gifts.
Reports to Department of Education.
National Assessment Tests.
State Report Card.
Value-added Assessment System.
Moratorium on Certain Data Collection Systems and
Data Sets.
Drop-out Data Collection.
Certified Safety Committees.
(c)

Section 224.
Section 225.
Section 226.
Section 227.
Section 228.
Section 229.
Section 230.
Section 231.
Section 232.
Section 233.

Changes in District.

Combination of School Districts.

Property and Indebtedness and Rental Obligations
of Former Component School Districts.
Change in Districts; When Effective.
Filing Copy of Action Creating New District, or
Affecting Fourth Class District, with
Superintendent of Public Instruction.
Approval or Disapproval of Creation or Change of
Third or Fourth Class Districts.
Annexation to District of First Class.
Approval of Contracts and Changes after Vote for
Annexation.
Tax Levy or Debt for Buildings or Grounds Pending
Change of Boundaries, etc.
Special Tax Directed by Court.
Small District Assistance after Combination of
School Districts.
(d)

Independent Districts.

Section 241.
Section 242.

Creation of Independent Districts (Repealed).

Approval of Fourth Class Districts; Adjustment
of Indebtedness; Costs (Repealed).
Section 242.1. Establishment of Independent Districts for
Transfer of Territory to Another School District.
Section 243. Abolition of Independent Districts (Repealed).
(e)
Section
Section
Section
Section

251.
252.
253.
254.

Section 255.

How Formed (Repealed).

Return of Election (Repealed).
When Established; Classification (Repealed).
Liabilities and Property of Component Districts
(Repealed).
Validation of Certain Union School Districts
(Repealed).
(f)

Section 261.
Section
Section
Section
Section

Union Districts.

Merger of Districts.

Standards and Regulations; Approval of Plans

(Repealed).
262. County-Wide Plans for Merger, etc. (Repealed).
263. Petitions and Elections for Mergers; Returns;
When Effective (Repealed).
263.1. Mergers; Voting; Partial Mergers (Repealed).
264. Merged Districts; Assets and Liabilities
(Repealed).

(g)
Section
Section
Section
Section
Section
Section
Section

Apportionment of Property and Indebtedness.

271.
272.
273.
274.
275.
276.
277.

Amicable Adjustment and Apportionment.

Apportionments; How and When Made.
Apportionment by Commissioners.
Confirmation of Report; Effect; Costs.
Court to Dispose of Exceptions.
Apportionment by Bill in Equity.
Districts in More Than One County.

(h)

Reorganization of School Districts

(Repealed)

Section 281. Standards for Organization of Administrative Units

(Repealed).
Section 282. Submission of Plans (Repealed).
Section 283. Approval of Plans (Repealed).
Section 284. Disapproval of Plans (Repealed).
Section 285. Department of Public Instruction to Prepare Plans
(Repealed).
Section 286. Establishment of Reorganized School Districts
(Repealed).
(i)

Reorganization.

Section 290. Purpose; Construction of Subdivision.

Section 290.1. Educational Performance Standards.
Section 291. Standards for Organization of Administrative
Units.
Section 292. Submission of Plans.
Section 292.1. Independent Districts.
Section 293. Approval of Plans.
Section 293.1. Independent Districts.
Section 293.2. Consolidation of Municipalities.
Section 294. Disapproval of Plans.
Section 295. Department of Public Instruction to Prepare Plans.
Section 296. Establishment of Reorganized School Districts.
Section 297. Advance Establishment.
Section 298. Property and Indebtedness and Rental Obligations
of Former School Districts.
ARTICLE III.
SCHOOL DIRECTORS.
Section 301.
Section 302.

Section

Section
Section
Section
Section

Board of Directors; Election or Appointment.

Number and Appointment in Districts First Class
and First Class A; Reorganized District of First
Class A Containing Former Districts of Second,
Third or Fourth Class: Terms of Office.
302.1. School Board in First Class A School Districts;
Apportionment of Seats, and Numbers, Terms, and
Methods for Election of School Directors in First
Class A School Districts.
303. Number and Election in Districts of the Second,
Third and Fourth Classes; Terms of Office.
303.1. Incumbent School Directors and Interim Operating
Committee.
304. Number and Election in Districts Third Class;
Terms of Office.
305. Number and Election in Districts Fourth Class;
Terms of Office.

Section 306.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Elections Where District Not Coextensive With,

or in More than One City, Borough, Town or
Township.
307. Newly Formed Districts.
308. Elections or Appointments in Newly Formed
Districts.
309. Change of Class of Districts.
310. Annexation of Territory.
311. Appointment or Election in Independent Districts;
Terms of Office (Repealed).
311.1. Appointment in Independent Districts for Transfer
Purposes; Terms of Office.
312. Union and Merged Districts (Repealed).
313. Merged Districts (Repealed).
314. Two or More Persons Receiving Same Number of
Votes.
315. Filling of Vacancies.
316. Vacancies in Majority of Members.
317. Vacancies in All Members.
318. Removal for Failure to Organize or Neglect of
Duty.
319. Vacancy where Director Fails to Qualify or Attend
Meetings.
320. Notification of Election.
321. Compensation; Oath of Office.
322. Eligibility; Incompatible Offices.
323. Ineligibility.
324. Not to be Employed by or do Business with
District; Exceptions.
325. Offering Bribes; Penalty.
326. Receiving Bribes; Penalty.
327. Demanding, etc., Gratuities from Teachers or
Supervisors; Withholding State Appropriation.
ARTICLE IV.
ORGANIZATION MEETINGS AND OFFICERS
OF BOARDS OF SCHOOL DIRECTORS.
(a)

Section 401.
Section 402.
Section 403.
Section 404.
Section
Section
Section
Section
Section

405.
406.
407.
408.
409.

General Provisions.

Beginning of School Year; Organization Meetings.

Notice of Organization Meetings; Temporary
Officers; etc.
Districts First Class and First Class A Permanent
Organization; Election of Officers.
Districts Second, Third and Fourth Class Permanent
Organization; Election of Officers.
President or Secretary Pro Tempore.
Solicitor and Other Appointees.
Rules and Regulations.
Records, etc., Open to Taxpayers.
Payment of Premiums on Officers' Bonds by School
Districts.
(b)

Section
Section
Section
Section

421.
422.
423.
424.

Meetings.

Times and Places.

Quorum; Filling Vacancies.
Special Meetings.
Meetings Open to Public (Repealed).
(c)

President and Vice-President.

Section 426.
Section 427.
Section 428.

President to Preside; Calling Special Meetings.

Duties of President.
Duties of Vice-President.
(d)

Section
Section
Section
Section

431.
432.
433.
434.

Bond.
Compensation.
Duties.
Assistant Secretary.
(e)

Section
Section
Section
Section
Section
Section
Section
Section
Section

Secretary.

Treasurer.

436. Bond.
437. Audit of Accounts.
438. Compensation.
439. Receipt and Payment of School Funds.
440. Deposit of Funds; Monthly Reports.
440.1. Investment of School District Funds.
441. Settlement of Accounts.
442. Other Duties; Payment of Balance to Successor.
443. Embezzlement; Penalty.
ARTICLE V.
DUTIES AND POWERS OF BOARDS
OF SCHOOL DIRECTORS.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

501. Elementary Schools.

502. Additional Schools and Departments.
502.1. Establishment of Independent Schools.
503. Kindergartens.
504. Cafeterias.
504.1. Competitive Food or Beverage Contracts.
505. Establishment and Maintenance of Consolidated
Schools.
506. Duty to Consolidate Schools.
507. General Powers; Taxation.
508. Majority Vote Required; Recording.
509. Supervision over Schools; Visitation (Repealed).
510. Rules and Regulations; Safety Patrols.
510.1. Special School Watchmen-School Districts in
Townships of the Second Class.
511. School Athletics, Publications, and Organizations.
512. Advertising for Bids in Trade Journals (Repealed).
513. Group Insurance Contracts.
514. Removal of Officers, Employes, etc.
515. Rights and Powers Preserved.
516. State Convention or Association; Delegates;
Expenses; Membership.
516.1. Expenses for Attendance at Meetings of
Educational or Financial Advantage to District.
517. Attendance of Superintendents, etc., at
Educational Conferences, and of Pupils at State
Farm Show, etc.; Expenses.
518. Retention of Records.
519. Copies of School Laws.
520. Temporary Emergency War Provisions.
520.1. Temporary Emergency Provisions.
521. Joint Action with Other Political Subdivisions.

Section 522.
Section

Section
Section
Section
Section
Section
Section

Payments of Salaries of Professional Employes

Granted Leaves of Absence as Exchange Teachers
Authorized; Rights Preserved.
522.1. Payments of Contributions to the School Employes'
Retirement Fund on Account of School Employes on
Approved Leaves of Absence for Professional Study
Authorized; Service Credits.
522.2. Classroom Occupational Exchange.
523. Educational Broadcasting.
524. (This section has no heading.)
525. Establishment and Operation of Educational
Television and Broadcasting Facilities.
526. Funds for Traffic Control Devices.
527. Drug Law Convictions.
ARTICLE VI.
SCHOOL FINANCES.
(a)

General Provisions.

Section 601.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Information to Incoming Directors for Tax Levy

and Budget.
602. Tax Levies.
603. Only One Annual Tax Levy.
604. Property Acquired by State for Water Conservation
or Flood Prevention.
605. Affidavit of Uncollectability of Taxes on Real
Property.
606. Collection of Taxes Where New District Created.
607. Payments; How Made; Limitations.
608. Liability for Improper School Orders.
609. Budgeted Funds not to be Used for Other Purposes
or Exceeded.
610. Use of School Funds; Illegal Use.
611. Enforcement of Judgments Against School Districts.
612. Counsel Fees on Appeals from County Auditors'
Reports.
613. Management Information Reports.
614. Certain Budget Timelines (Expired).
615. Reopening of 2011-2012 Budget.
616. Reopening of 2012-2013 Budget.
616.1. Reopening of School District Annual Budget.
617. Intergovernmental Agreements for School Security
and Safety.
(b)

Section
Section
Section
Section
Section

621.
622.
623.
624.
625.

School Depositories.

Designation of Depositories; Bond.

Collateral in Lieu of Bond.
Insurance of Deposits of Funds.
Monthly Reports by Depositories.
Deposit of School Funds; Treasurer Relieved of
Liability; School Orders.
(c)

Section 631.
Section 632.
Section 633.
Section 634.

Indebtedness.

Power to Incur Debt; Limitations.

Assent of Electors; When Necessary and When Not
Necessary.
Reports to Secretary of Education; Withholding
State Appropriations.
Temporary Debt.

Section 635.
Section
Section
Section
Section
Section
Section

Limit on Temporary Debt for Current Expenses and

Debt Service.
636. Emergency Loans for Current Expenses and Debt
Service.
636.1. Approval of Unfunded Debt in Certain Distressed
School Districts.
637. Limit on Temporary Debt for Permanent
Improvements, etc.; Tax Levy.
638. Temporary Debt for Permanent Improvements, etc.;
Payment (Repealed).
639. Limit on Temporary Debt in Anticipation of
Proceeds of Bond Issue; Payment.
640. Borrowing in Anticipation of Current Revenue.
(d)

First Class School District.

Section 651. Fiscal Year.

Section 652. Tax Levy; Purposes; Limitations.
Section 652.1. Taxing Power of Elected Board of Public Education
of School Districts of the First Class A.
Section 652.2. Appeals by Taxpayers.
Section 653. Tax Levy for Indebtedness of Prior Districts.
Section 654. Tax Rates to be Expressed in Dollars and Cents.
Section 655. Property Taxable.
Section 655.1. Tax on Owners of Ground Rents.
Section 656. Certification of Assessments.
Section 657. Certification of Levy; Collection.
Section 658. Bond of Collector; Neglect to Furnish.
Section 659. Compensation; Stationery; Books; Clerks.
Section 660. Monthly Reports; Payment of Taxes Collected.
Section 661. Annual Reports.
Section 662. Liens of Unpaid Taxes.
Section 663. Per Capita Tax; Districts First Class Less than
1,500,000 Population (Repealed).
Section 664. Annual Budget; Advertising; Public Hearing.
Section 665. Emergency Appropriations.
Section 666. Limit of Indebtedness.
(e)

Second, Third and Fourth Class School

Districts.

Section 671. Fiscal Year.

Section 672. Tax Levy; Limitations.
Section 672.1. School Districts Lying in More Than One County
or in More Than One Municipality; Limitation on
Total Tax Revenues.
Section 672.2. School Districts Lying in More Than One County;
Tax Levy on Occupations.
Section 673. Tax Rates to be Expressed in Dollars and Cents.
Section 674. Property Subject to Tax; Districts Second Class.
Section 675. Certification of Assessments, etc.; Districts
Second Class.
Section 676. Property Subject to Tax; Districts Third and
Fourth Class.
Section 677. Certification of Assessments, etc.; Districts
Third and Fourth Class.
Section 677.1. Additions and Revisions to Duplicates.
Section 678. Duplicates to Include Certain Territory.
Section 679. Per Capita Taxes.
Section 680. List of Residents for Per Capita Tax Purposes.
Section 680.1. Temporary Continuance of Tax on Landfill or
Resource Recovery Facilities.

Section
Section
Section
Section
Section
Section
Section

681.
682.
683.
684.
685.
686.
687.

Section 688.

Certification of Levy.
Tax Duplicates and Warrants.
Appointment of Tax Collector in Certain Cases.
Bond of Appointed Collectors.
Disqualification for Reappointment, etc.
Delinquent Taxes; Appointment of Collector; etc.
Annual Budget; Additional or Increased
Appropriations; Transfer of Funds.
Limitations on Certain Unreserved Fund Balances.

(f) Capital Reserve Fund for School Building

Project Programs Approved by the Department
of Public Instruction.
Section 690.

Creation of Capital Reserve Fund for Approve

School Building Project Programs.
Investment of Fund; Budget; Record.
Expenditure of Fund.

Section 691.
Section 692.

(f)

Distressed School Districts.

Section 691.
Section 692.
Section
Section
Section
Section
Section
Section
Section

When District Distressed.

Special Board of Control; Petition; Appointments
(Repealed).
692.1. When No Appointment Is Made (Repealed).
692.2. Compensation of Special Board of Control
(Repealed).
693. Powers of Special Board of Control.
694. Additional Tax (Repealed).
695. School Directors to Remain in Office; Elections
(Repealed).
696. Distress in School Districts of the First Class.
697. Educational Assessment Center.
ARTICLE VI-A
SCHOOL DISTRICT FINANCIAL RECOVERY
(a)

Section 601-A.
Section 602-A.

Scope of article.
Definitions.

(b)
Section 611-A.

Preliminary Provisions

School District Financial Watch

Early warning system.

(c)
(i)

School District Financial Recovery

Declaration of School District
Financial Recovery Status

Section 621-A.
Section 622-A.
Section
Section
Section
Section

Issuance of declaration.
Commitment to ensure delivery of effective
educational services.
623-A. School directors to remain in office and
elections.
624-A. Termination of status.
625-A. Transition period.
626-A. Technical assistance.
(ii)

Chief Recovery Officer

Section
Section
Section
Section
Section

631-A.
632-A.
633-A.
634-A.
635-A.

Appointment.
Compensation.
Powers and duties.
Access to information.
Public and private meetings.
(iii)

Financial Recovery Plan

Section 641-A. Contents.

Section 642-A. Powers and duties.
Section 643-A. Financial recovery plan not affected by certain
collective bargaining agreements or settlements
(iv)
Section
Section
Section
Section

651-A.
652-A.
653-A.
654-A.

Applicability.
Development and approval of plan.
Implementation of financial recovery plan.
Advisory committee.
(v)

Section
Section
Section
Section

Process for Moderate Financial

Recovery School Districts

661-A.
662-A.
663-A.
664-A.

Process for Severe Financial

Recovery School Districts

Applicability.
Vote to proceed.
Development and approval of plan.
Implementation of financial recovery plan.
(vi)

Section
Section
Section
Section
Section
Section

671-A.
672-A.
673-A.
674-A.
675-A.
676-A.

Receivership

Appointment of receiver.
Powers and duties.
Effect of appointment of receiver.
Vacancy and revocation.
Termination of receivership.
Transition period.
(vii) Financial Recovery
Transitional Loan Program

Section 681-A.
Section 682-A.
Section 683-A.

Program.
Loan procedure.
Limitations.
(viii)

Section 691-A.
Section 692-A.
Section 693-A.

Miscellaneous Provisions

Applicability.
Bankruptcy prohibited.
Termination of special board of control.
ARTICLE VII.
GROUNDS AND BUILDINGS.

(a)

Duty to Provide; Acquisition and

Disposition of Property.

Section 701. Duty to Provide; Conditions.

Section 701.1. Referendum or Public Hearing Required Prior to
Construction or Lease.
Section 702. Location and Amount of Land; Playground.

Section 703.
Section
Section
Section
Section
Section
Section
Section

Acquisition of Buildings, Sites for School

Buildings and Playgrounds, and Disposing Thereof.
703.1. Lease of Buildings or Portions of Buildings
Constructed or Altered for School Use.
704. Acquisition and Disposition of Property in Other
District; Freedom from Taxation.
705. Residences for Teachers and Janitors.
706. Parks; Playgrounds; etc.
707. Sale of Unused and Unnecessary Lands and
Buildings.
708. Abandonment of Property.
709. Lease of Unused and Unnecessary Lands and
Buildings.
(b)

Section
Section
Section
Section
Section
Section
Section
Section

721.
722.
723.
724.
725.
726.
727.
728.

Eminent Domain.

Condemnation of Land.
Security for Damages; Fee Simple Title.
Appointment of Viewers; Notice.
Duties of Viewers; Report; Notice.
Confirmation of Report.
Payment of Damages into Court.
Exceptions and Appeals.
Costs.
(c)

Specific Requirements.

Section 731.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Approval by Department of Plans, etc., of

Buildings; Exceptions.
731.1. Approval of Lease Agreements.
732. Plans, etc., Furnished by State Council of
Education (Repealed).
732.1. Limitation on New Applications for Department
of Education Approval of Public School Building
Projects.
733. Standards of State Board of Education.
734. Heating and Ventilating Standards (Repealed).
735. Advisory Committee on Standards.
736. Heating Stoves to be Shielded.
737. Ventilation; Thermometer.
738. Fireproof Construction.
739. Doors to Open Outward; Fire Escapes; etc.
740. Water-closets or Out-houses.
741. Substrata Evaluation.
(d)

Section 751.
Section
Section
Section
Section
Section
Section
Section

Contracts.

Work to be Done Under Contract Let on Bids;

Exception.
751.1. Architects and Engineers Employed Prohibited
From Bidding on Public Works; Penalty.
752. Contracts to Require Competent Workmen.
753. Stipulations for Minimum Wages.
754. Contracts to Provide for Resident Workmen; Penalty
(Repealed).
755. Contracts to Prohibit Discrimination Against Race,
Creed or Color; Penalty (Repealed).
756. Additional Bond for Payment of Labor, Materials,
etc.
757. Actions by Sub-Contractors, etc., on Performance
Bonds.

Section 758.
Section 759.
Section 760.

Appropriations to Nonprofit Corporations for

Constructing School Buildings.
Appropriations to Nonprofit Corporations for
Athletic Stadia, etc.
Completion of Abandoned WPA Projects, Districts
Third and Fourth Class.
(e)

General Provisions.

Section 771.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Display of United States Flag; Development of

Patriotism.
772. Condition of Grounds; Shade Trees.
772.1. Integrated Pest Management Programs.
772.2. Notification of Pesticide Treatments at Schools.
773. Contracts for Light, Heat or Water; Acquiring
Water Supply; Condemnation; Tapping District
Water Lines.
774. Insurance on Buildings; Public Liability Insurance
for Employes; Purchase of Insurance From
Employes, etc.
775. Use of School Buildings for Other Purposes;
Arrangements with City, Borough or Township.
776. School Property Exempt from Taxation and Municipal
Assessments; Exception.
776.1. Child-Day Care Centers in School Buildings.
777. Defacing, Injuring or Destroying Property Used
for School Purposes; Penalty.
778. School Police Officers.
779. Vehicle Rules and Regulations and Penalties for
Violations.
780. Public Hearing Prior to Closing School.
(f)

Section
Section
Section
Section
Section
Section

Section
Section
Section

State Public School Building Authority.

781. Grants to State Public School Building Authority.

782. Acquisition of Lands; Bond Issues.
783. Appropriations; Use of Proceeds of Bond Issues.
784. Contracts to Lease and Leases; Operation and
Maintenance.
784.1. Financing for School Building Property.
784.2. Contracts for Lease or Purchase of Educational
Telecommunications and Distance Learning
Equipment and Facilities and for Installation,
Operation and Maintenance.
784.3. Center.
785. Failure to Pay Rent or Make Payments; Withholding
Appropriation.
786. Joint Action of Districts.
(g)

Section 790.

Grants, Conveyances, Appropriations to, Contracts

with, and Leases from, Municipality Authorities.
(h)

Section 791.

Municipality Authorities.

Other Means of Financing.

Grants, Conveyances, Appropriations to, Contracts

with, and Leases from, Profit or Nonprofit
Corporations, Partnerships, Associations, or
Persons.
ARTICLE VIII.

BOOKS, FURNITURE AND SUPPLIES.

Section 801. Purchases; Use in Schools; Rules and Regulations.
Section 802. Period of Use of Textbooks (Repealed).
Section 803. Time and Manner of Adopting and Furnishing
Textbooks and Supplementary Books.
Section 804. Use of School Books During Vacations.
Section 805. Classes of School Supplies; Purchasing Agent
(Repealed).
Section 806. Purchase of Supplies of the First Class, Costing
$100 or More (Repealed).
Section 807. Purchase of Supplies of the Second Class, Costing
$300 or More (Repealed).
Section 807.1. Purchase of Supplies.
Section 808. Employe of District as Agent.
Section 809. Giving or Offering Bribes; Penalty.
Section 810. Seeking or Receiving Bribes; Penalty.
ARTICLE IX.
SCHOOL DIRECTORS' ASSOCIATIONS AND COUNTY
BOARDS OF SCHOOL DIRECTORS.
(a)
Section 901.
Section 902.
Section 903.
Section
Section
Section
Section

904.
905.
906.
907.

Section 908.

Conventions and Special Meetings (Repealed).

Notice and Place of Convention (Repealed).
Expenses at Annual Conventions and Special
Meetings (Repealed).
Officers (Repealed).
Executive Committee (Repealed).
Auditors (Repealed).
Ex-officio Members of Executive Committee
(Repealed).
Payment of Expenses by County (Repealed).

(b)
Section 921.
Section 922.
Section 923.
Section 924.
Section 925.
Section 926.
Section 927.
Section 928.
Section 929.
Section 930.

School Directors' Associations.

County Boards of School Directors.

Elections; Vacancies; Qualifications; Removals

(Repealed).
Election of Officers (Repealed).
Meetings; Filling of Vacancies (Repealed).
Expenses of Members; Telephone, etc., Services
(Repealed).
Powers and Duties.
Chief Executive Officer; Powers and Duties
(Repealed).
Audits (Repealed).
Bond of Treasurer (Repealed).
Compensation of the Secretary and Treasurer
(Repealed).
Professional and Temporary Professional Employes
(Repealed).
ARTICLE IX-A.
INTERMEDIATE UNITS.

Section 901-A. Establishment of Intermediate Units.

Section 902-A. Arrangement of School Districts Into Intermediate
Units.
Section 903-A. Transfer of Membership.
Section 904-A. Merger of Intermediate Units.
Section 905-A. Regulations.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

906-A.
907-A.
908-A.
909-A.
910-A.
911-A.
912-A.
913-A.
914-A.

Program of Services.
Subsidies for Services.
Special Pupil Services.
Vocational-Technical Education.
Intermediate Unit Board of Directors.
Conventions.
Election of Officers.
Staff.
Powers and Duties of the Intermediate Unit Board
of Directors.
914.1-A. Contracts with Private Residential
Rehabilitative Institutions; Certain Criteria in
Department Audits.
915-A. Powers and Duties of Executive Director.
916-A. Intermediate Unit Council.
917-A. Allocations (Repealed).
917.1-A. Commonwealth Payments.
918-A. General Operating Subsidy.
919-A. Capital Subsidy (Repealed).
919.1-A. Capital Subsidy.
920-A. School District Payments.
921-A. Financial Reports.
922-A. Auxiliary Services; Nonpublic School Children
(Repealed).
922.1-A. Auxiliary Services.
923-A. Loan of Textbooks, Instructional Materials and
Instructional Equipment, Nonpublic School
Children.
923.1-A. Psychological Services.
923.2-A. Visual Services.
924-A. Annual Reports.
ARTICLE X.
DISTRICT SUPERINTENDENTS AND
ASSISTANT DISTRICT SUPERINTENDENTS.
(a)

Section
Section
Section
Section
Section

1001.
1002.
1003.
1004.
1005.

Section 1006.
Section 1007.
Section 1008.
Section 1009.

Provisions of General Application.

Purpose.
Good Moral Character.
Eligibility.
Oath of Office.
Enforcement of Branches of Study; Withholding
State Appropriations.
Reports.
Not to Engage in Teaching; Exceptions.
Additional Compensation and Interest in Sale or
Adoption of Books or Supplies Prohibited.
Influencing Elections; Penalty.
(b)

Section 1021.
Section 1022.
Section 1023.
Section
Section
Section
Section

1024.
1025.
1026.
1027.

County Superintendents.

Election (Repealed).
Time and by Whom Elected; Term of Office
(Repealed).
Notice of Convention to Elect County
Superintendents (Repealed).
Compensation and Mileage (Repealed).
Officers of Convention (Repealed).
Candidates' Proof of Eligibility (Repealed).
List of Directors Entitled to Vote; Method of
Voting (Repealed).

Section 1028.
Section 1029.
Section 1030.
Section
Section
Section
Section
Section
Section
Section
Section

1031.
1032.
1033.
1034.
1035.
1036.
1037.
1038.

Section 1039.
Section 1040.
Section 1041.
(c)
Section 1051.
Section 1052.
Section 1053.
Section 1054.
Section 1055.
Section 1056.
Section 1057.
Section 1058.
Section 1059.
Section 1060.

Election Papers Filed with Prothonotary

(Repealed).
Certification of Results of Election (Repealed).
Commission from Superintendent of Public
Instruction (Repealed).
Objections to Election; Hearing (Repealed).
Costs of Hearing (Repealed).
Appointment if Objections Sustained (Repealed).
Removal for Cause (Repealed).
Vacancies; Substitutes (Repealed).
New Counties (Repealed).
Duties (Repealed).
Inspection of School Grounds and Buildings
(Repealed).
County to Furnish Office Rooms, etc. (Repealed).
Telephone, Typewriter and Stenographer Furnished
by County (Repealed).
Telephone, Typewriter and Stenographic Services
in Counties Second Class (Repealed).
Assistant County Superintendents and
Supervisors of Special Education.
Number of Assistant County Superintendents
(Repealed).
Number of Supervisors of Special Education
(Repealed).
Appointment of Assistant Superintendents
(Repealed).
Supervisors of Special Education; Qualifications;
Appointment (Repealed).
Certification of Appointments; Commissions;
Appointments by Superintendent of Public
Instruction (Repealed).
Vacancies; Substitutes (Repealed).
Removal for Cause (Repealed).
Duties of Assistant County Superintendents
(Repealed).
Duties of Supervisors of Special Education
(Repealed).
Further Duties of Assistant County
Superintendents and Supervisors of Special
Education (Repealed).
(c.1)

Technical Personnel.

Section 1061.

Number of Technical Personnel; Qualifications;

Appointment (Repealed).
Section 1062. Salaries; Duties (Repealed).
Section 1063. Vacancies; Substitutes (Repealed).
(d)

Salaries and Expenses of County Superintendents,

Assistant County Superintendents, and
Supervisors of Special Education.

Section 1066.
Section 1067.
Section 1068.
(e)

Minimum Salaries; Payment (Repealed).

Additional Salaries; Payment (Repealed).
Expenses (Repealed).
District Superintendents and Assistant
District Superintendents.

Section 1071.
Section 1072.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Election.
Creating Office in Districts Third Class
(Repealed).
1072.1. Discontinuance of Office in Districts Third
Class (Repealed).
1072.2. (This section has no heading.)(Repealed)
1073. Manner of Election or Approval.
1073.1. Performance Review.
1074. Districts Having no Superintendent (Repealed).
1075. Salary.
1076. Election of Assistant District Superintendents.
1077. Term and Salary of Assistants.
1078. Commissions.
1079. Vacancies; Acting and Substitute Superintendents
and Assistants.
1080. Removal.
1081. Duties of Superintendents.
1082. Duties of Assistants.
1083. Annexation and Consolidation of Districts.
1083.1. Reorganization of Districts.
(f)

Section 1084.
Section 1085.
Section
Section
Section
Section

1086.
1087.
1088.
1089.

Number of Supervisors (Repealed).

Supervisors' Qualifications; Appointment
(Repealed).
Salaries (Repealed).
Duties of Supervisors (Repealed).
Vacancies; Substitutes (Repealed).
Business Administrator.
(g)

Section 1091.

Supervisors
(Repealed)

Special Districts
(Repealed)

Services Provided Through Office of County

Superintendent (Repealed).
ARTICLE XI.
PROFESSIONAL EMPLOYES.
(a)

Section 1101.

Definitions.

Definitions.
(b)

Employment.

Section
Section
Section
Section
Section
Section
Section
Section
Section

1106. Duty to Employ.

1107. Special Teachers.
1108. Temporary Professional Employes.
1109. Qualifications.
1109.1. Emergency Certification in Certain Instances.
1109.2. Conditional Employment.
1110. Disqualification for Refusal to Teach (Repealed).
1111. Employment of Relatives of School Directors.
1112. Religious Garb, Insignia, etc., Prohibited;
Penalty.
Section 1113. Transferred Programs and Classes.
(c)
Section 1121.

Tenure.

Contracts; Execution; Form.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1122.
1123.
1124.
1125.

Causes for Termination of Contract.

Rating System.
Causes for Suspension.
Suspensions and Reinstatements; How Made
(Repealed).
1125.1. Persons to be Suspended.
1126. Public Hearings; Exceptions.
1127. Procedure on Dismissals; Charges; Notice;
Hearing.
1128. Subpoenas; Testimony.
1129. Vote Required for Dismissals.
1130. Notice of Discharge; Procedure on Decision
Favorable to Employe.
1131. Appeals to Superintendent of Public Instruction.
1132. Appeals to Court.
1133. Collective Bargaining for Public Employes.
1134. Professional and Temporary Professional Employes
of Schools Formerly Operated by the Commonwealth
(Expired).
(d)

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Compensation.

1141. Definitions.
1142. Minimum Salaries and Increments.
1142.1. Minimum Salaries for Teachers.
1143. Minimum Salaries and Increments; Districts
Second, Third and Fourth Class and Vocational
School Districts (Repealed).
1144. Additional Increments for College Certificate
or Master's Degree.
1144.1. Teachers of Applied Arts and Vocational
Subjects.
1145. Minimum Salaries for Teachers With Emergency
Certificates.
1146. Part-time Teachers, etc.
1147. Increase or Decrease of Usual Number of Periods
per Day.
1148. Substitute Teachers.
1149. Increments When Employed by Another District.
1150. Schedules for Teachers, etc. not Provided For.
1151. Salary Increases; Demotions.
1152. Compensation in Excess of Schedule; Temporary
or Emergency Increases.
1153. Payment of Salaries of Teachers when Prevented
from Rendering Services.
1154. Payment of Salaries in Cases of Sickness, Injury
or Death.
1154.1. Alternative Payment Plan.
1155. Preferred Claims; Short Term Loans.
(e)

Supervising Principals.

Section 1161.

Employment in Districts Third and Fourth Class

(Repealed).
Section 1162. Joint Employment Including Supervisors or
Teachers of Special Subjects.
Section 1163. Supervising Principals of Joint Boards or Union
or Merged Districts (Repealed).
Section 1164. Compensation Plans for School Administrators.
(f)

Sabbatical Leaves of Absence.

Section
Section
Section
Section
Section
Section
Section

1166. Persons Entitled.

1166.1. Leaves of Absence for Professional Development.
1167. Preferences; Limitations.
1168. Return to Employment.
1169. Salary While on Leave.
1170. Rights Retained.
1171. Regulations.
(g)

Section
Section
Section
Section
Section
Section
Section

1176.
1177.
1178.
1179.
1180.
1181.
1182.

Military Service in Time of War or

National Emergency.
Leave of Absence.
Reinstatement in Former School Position.
Rights Preserved During Leave of Absence.
Continuation of State Appropriations.
Rights of Persons on Eligibility Lists.
Applicability and Intent.
Leave for Elective Public Office.
(h)

Section 1186.
Section 1187.
Section
Section
Section
Section

1188.
1189.
1190.
1191.

Section 1192.
Section 1193.
Section 1194.
Section 1195.

Meetings of Teachers.
(Repealed)

County Superintendents to Call Meetings

(Repealed).
Attendance Records and Reports; Expenses of
Meeting (Repealed).
Compensation of Teachers Attending (Repealed).
Penalty on Teachers Failing to Attend (Repealed).
Auditors (Repealed).
Statement of Receipts and Disbursements
(Repealed).
Expenses Paid by County; Limitation (Repealed).
Reports to Department of Public Instruction
(Repealed).
Districts Having District Superintendent
(Repealed).
Distinguished Educators Program.
(i)

Programs.

Section 1195.1. (Reserved).

ARTICLE XI-A.
COLLECTIVE BARGAINING.
(a)

General Provisions.

Section 1101-A. Definitions.

(b)

Scope of Bargaining.

Section 1111-A. Mutual Obligation.

Section 1112-A. Matters of Inherent Managerial Policy.
(c)
Section
Section
Section
Section
Section
Section

1121-A.
1122-A.
1123-A.
1124-A.
1125-A.
1126-A.

Collective Bargaining Impasse.

Submission to Mediation.
Fact-finding Panels.
Negotiated Final Best-Offer Arbitration.
Method of Selection of Arbitrators.
Final Best-Offer Arbitration.
Time Frame.

Section 1127-A. Exception.

(d)

Strikes and Lockouts.

Section 1131-A. Strikes Prohibited in Certain Circumstances.

Section 1132-A. Lockouts Prohibited in Certain Circumstances.
(e)

Collective Bargaining Agreement.

Section 1151-A. Agreement and Enforcement.

Section 1152-A. Existing Agreements; Provisions Inconsistent
with Article.
(f)

Secretary of Education.

Section 1161-A. Injunctive Relief.

(g)

Prohibitions.

Section 1171-A. Selective Strikes.

Section 1172-A. Utilization of Strike Breakers.
ARTICLE XI-B
CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR
PROFESSIONAL TEACHING STANDARDS
Section
Section
Section
Section
Section
Section

1101-B.
1102-B.
1103-B.
1104-B.
1105-B.
1106-B.

Definitions.
Payment of Fees.
Priority.
Duties of Eligible Teachers.
Repayment.
Duties of Department.
ARTICLE XII.
CERTIFICATION OF TEACHERS.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1201. Certificates Qualifying Persons to Teach.

1202. State Certificates.
1203. Kinds of State Certificates.
1204. Granting Provisional College Certificates.
1204.1. Standard Employment Application.
1205. Issuing Permanent College Certificates.
1205.1. Continuing Professional Development.
1205.2. Program of Continuing Professional Education.
1205.3. Charter Schools.
1205.4. CPR Instruction.
1205.5. Continuing Professional Education for School
or System Leaders.
1205.6. Child Abuse Recognition and Reporting Training.
1206. Certificates Issued by Other States.
1207. Special Temporary or Permanent Certificates.
1207.1. Postbaccalaureate Certification.
1207.2. Military Science Certificates.
1208. Summer Schools, etc.
1209. Disqualifications.
1210. Existing Certificates.
1211. Annulment of Certificates (Repealed).
1212. Registration and Record of Certificates.
1213. Standard Limited Certificates.
1214. Department Waiver of Certification Requirements.
1215. Locally Issued Temporary Certification for
Substitute Teachers.

Section 1216. Evaluation of Applications for Certification.

Section 1216.1. Professional Educator Discipline Fee.
Section 1217. Pennsylvania School Leadership Standards.
ARTICLE XII-A.
PROFESSIONAL TEACHER ASSESSMENT.
(Repealed)
Section 1201-A. Short Title of Article (Repealed).
Section 1202-A. Definitions (Repealed).
Section 1203-A. Professional Teacher Assessment Program
(Repealed).
Section 1204-A. Scoring Process (Repealed).
Section 1205-A. Furthering Continuing Professional Development
(Repealed).
Section 1206-A. Compliance (Repealed).
Section 1207-A. Professional Development Assistance (Repealed).
Section 1208-A. Collective Bargaining Agreements (Repealed).
Section 1209-A. Confidentiality (Repealed).
Section 1210-A. Annual Report (Repealed).
ARTICLE XIII.
PUPILS AND ATTENDANCE.
(a)
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Attendance.

1301. Age Limits; Temporary Residence.

1302. Residence and Right to Free School Privileges.
1303. Immunization Required; Penalty.
1304. Admission of Beginners.
1305. Non-resident Child Placed in Home of Resident.
1306. Non-resident Inmates of Children's Institutions.
1306.1. Optional Commitment Location.
1306.2. Juveniles Incarcerated in Adult Facilities.
1307. Counties, Other Than Second Class, Responsible
for Payment of Tuition.
1308. Liability for Tuition and Enforcement of Payment.
1309. Cost of Tuition; How Fixed.
1310. Assignment of Pupils to Schools.
1310.1. Classroom Placement of Twins or Higher Order
Multiples; Parental Discretion
1311. Closing Schools.
1312. Free Transportation Where Schools Closed in
Certain Districts.
1313. Attendance in Other Districts.
1314. Attendance in District to Which Territory of
Residence Formerly Attached.
1315. Assignment to School in Another State; Receiving
Pupils from Other States.
1316. Permitting Attendance of Non-resident Pupils.
1316.1. Attendance at Schools for the Performing Arts.
1317. Authority of Teachers, Vice Principals and
Principals over Pupils.
1317.1. Possession of Telephone Pagers Prohibited.
1317.2. Possession of Weapons Prohibited.
1317.3. Uniforms.
1318. Suspension and Expulsion of Pupils.
1319. Confidentiality of Student Communications
(Repealed).
(b)

Enforcing Attendance.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1326. Definitions.
1327. Compulsory School Attendance.
1327.1. Home Education Program.
1328. Compulsory Education of Physical Defectives.
1329. Excuses from Attending School.
1330. Exceptions to Compulsory Attendance.
1331. Free Transportation or Board and Lodging.
1332. Reports of Enrollments; Attendance and
Withdrawals; Public and Private Schools.
1333. Penalties for Violation of Compulsory Attendance
Requirements.
1334. Children Lacking Clothing or Food.
1335. Furnishing Food, Including Milk, to School
Children.
1336. Furnishing Vitamin Products to Pupils (Repealed).
1337. Nonprofit School Food Program.
1337.1. School Lunch and Breakfast Reimbursement.
1338. Dependent Children.
1338.1. Suspension of Operating Privilege.
1338.2. Antitruancy Programs.
1339. Reports to Superintendent of Public Instruction.
(c)

Section
Section
Section
Section
Section

Attendance Officers and Home and School

Visitors.

1341.
1342.
1343.
1344.
1345.

Duty to Employ; Power of Arrest; Certification.

Term of Employment; Compensation.
Arrest of Children Failing to Attend School.
Inspecting Places Where Children are Employed.
Penalty for Interfering with Inspections.

(d)
Section 1351.
Section 1352.
Section 1353.
Section 1354.
Section 1355.
Section 1356.
Section 1357.

Enumeration of School Children.

Duty to Make; Penalty for Interfering.

List of Names for Schools; Statistics for
Superintendent of Public Instruction.
Cost of Enumeration; Additional Names and
Information.
Report of Children not Enrolling, or Withdrawing,
or Being Illegally Absent.
Penalty for Failure to Comply.
Costs of Proceeding for Noncompliance.
Withholding State Appropriation.
(e)

Section
Section
Section
Section

Transportation of Pupils.

1361.
1362.
1363.
1364.

When Provided.
Kinds of Transportation; Liability Insurance.
Standards for Vehicles (Repealed).
Transportation in Districts Under Direction of
County Superintendent (Repealed).
Section 1365. Extra Compensation for Transporting Pupils
Unlawful; School Bus Driver Employment
Applications.
Section 1366. Computation of Distances.
Section 1367. Board and Lodging in Lieu of Transportation.
(f)
Section 1371.

Exceptional Children.

Definition of Children with Exceptionalities;

Reports; Examination.
Section 1372. Exceptional Children; Education and Training.

Section 1372.1. Speech and Hearing Rehabilitation Centers

(Repealed).
Section 1372.1. Day Care Training Centers for the Proper
Training of Mentally Handicapped Children
(Repealed).
Section 1373. State Reimbursement; Reports.
Section 1373.1. Readers; Helpers; Guides; Aids; Appliances;
Etc.; Reimbursement (Repealed).
Section 1374. Free Transportation or Board and Lodging.
Section 1375. Uneducable Children Provided for by Department
of Public Welfare.
Section 1376. Cost of Tuition and Maintenance of Certain
Exceptional Children in Approved Institutions.
Section 1376.1. Actual Cost of Tuition and Maintenance of
Certain Exceptional Children in the Four
Chartered Schools for Education of the Deaf and
the Blind.
Section 1377. Payment of Cost of Tuition and Maintenance of
Certain Exceptional Children.
Section 1377.1. Transfer of Funds for Transferal Programs.
Section 1377.2. Emergency Permits at Approved Private Schools
and Chartered Schools for the Deaf and Blind.
Section 1378. Medical Care for Children Under Six with
Defective Hearing.
Section 1379. Children Under Six with Defective Hearing; Parent
or Guardian Advised of Schools, etc.
Section 1380. Education of Blind Children Under Eight Years.
Section 1381. Higher Education for Blind or Deaf Students.
Section 1382. Period of Instruction.
(g)

Employment of Children.

Section 1391.

Employment of Children Under Eighteen Unlawful

Without Employment Certificate or Permit.
Section 1392. Reports by Employers of Children.
Section 1393. Posting of Information by Employers of Children.
Section 1394. Penalties for Violation of Child Labor
Requirements.
ARTICLE XIII-A.
SAFE SCHOOLS.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1301-A. Definitions
1302-A. Office for Safe Schools.
1302.1-A. Regulations.
1303-A. Reporting.
1303.1-A. Policy Relating to Bullying.
1304-A. Sworn Statement.
1305-A. Transfer of Records.
1306-A. Availability of Records.
1307-A. Maintenance of Records.
1308-A. Report.
1309-A. Technical Assistance.
1310-A. Safe Schools Advocate in School Districts of
the First Class.
Section 1311-A. Standing.
Section 1312-A. Enforcement.
Section 1313-A. Construction of Article and Other Laws.
ARTICLE XIV.
SCHOOL HEALTH SERVICES.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1401. Definitions.
1402. Health Services.
1403. Dental Examinations and Dental Hygiene Services.
1404. Place of Examination; Use of Hospital Facilities.
1405. Assistance; Presence of Parents.
1406. Recommendations.
1407. Examinations by Examiners of Own Choice.
1408. Reports.
1409. Confidentiality, Transference and Removal of
Health Records.
1410. Employment of School Health Personnel.
1411. Cooperation with Political Subdivisions.
1412. Municipal Civil Service Status Protected.
1413. Supplemental Duties of School Physicians.
1414. Care and Treatment of Pupils.
1414.1. Possession and Use of Asthma Inhalers and
Epinephrine Auto-Injectors.
1415. Public Assistance for Medical, Dental or Surgical
Care.
1416. Precautions Against Spread of Tuberculosis.
1417. Pupils Relieved from Compulsory Attendance.
1418. Medical Examinations of Teachers and Other
Persons.
1419. Objections to Examinations or Treatment on
Religious Grounds.
1420. Examinations of School Buildings and Grounds.
1421. Powers and Duties of the Secretary of Health and
of the Superintendent of Public Instruction;
Rules and Regulations.
1422. Advisory Health Councils.
1422.1. Local Wellness Policy.
1422.2. Interagency Coordinating Council for Child
Health, Nutrition and Physical Education.
1422.3. Duties of Department of Education.
1423. Automatic External Defibrillators.
1424. Cardiopulmonary Resuscitation.
ARTICLE XV.
TERMS AND COURSES OF STUDY.
(a)

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1501. Minimum Number of Days; School Month.

1501.1. Weather Emergency of 1977 (Expired).
1501.2. Weather Emergency of 1978 (Expired).
1501.3. Weather Emergency.
1501.4. Nuclear Emergency of 1979.
1501.5. Weather Emergency of 1985.
1501.6. Weather Emergency of 1994.
1501.7. Weather Emergency of 1996.
1502. Days Schools not to be Kept Open.
1503. Additional Holidays; Vacations.
1504. Dates and Times of School Terms and Sessions;
Commencement.
(b)

Section
Section
Section
Section
Section

School Terms.

Prescribed Courses and Instruction.

1511. Subjects of Instruction; Flag Code.

1511.1. Remedial Programs.
1512. Courses of Study Adapted to Age, etc. of Pupils.
1512.1. Physical Education.
1513. Physiology and Hygiene.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1514. Humane Education.

1515. Religious Literature.
1516. Bible Reading in Public Schools.
1516.1. Meditation and Prayer Periods.
1517. Fire and Emergency Evacuation Drills.
1518. Test Books and Instruction on Fire Dangers and
Prevention Drills.
1519. Teaching of Safe Driving of Motor Vehicles.
1519.1. Standardized Driver-Education Program.
1520. American Form of Government to Be Taught
(Repealed).
1521. Limitation of Refusal to Enroll Student.
1522. Foreign Language Academies.
1523. Pupil's Right of Refusal; Animal Dissection.
1524. Recognition of American Sign Language Courses.
1525. Agreements with Institutions of Higher Education.
1526. Youth Suicide Awareness and Prevention.
1527. Child Exploitation Awareness Education.
(c)

Records and Reports.

Section 1531.
Section 1532.

Grading, Classification and Promotion of Pupils.

Records and Reports of Pupils; Districts Second,
Third and Fourth Class.
Section 1533. Record of Pupils at Beginning of Term.
Section 1534. Monthly Reports to School Directors; Districts
Second, Third and Fourth Class.
(d)
Section 1541.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1542.
1543.
1544.
1545.
1546.
1547.
1548.
1549.
1550.
1551.

Section 1552.
Section 1553.
Section 1554.

Special Instruction and Observances.

Study of Birds, Trees and Conservation of
Resources.
Frances Willard Day.
William Penn Day.
Free School Day.
Bill of Rights Week.
Release of Pupils for Religious Instruction.
Alcohol, Chemical and Tobacco Abuse Program.
Instructional Support.
Agricultural Education.
Firefighter and Emergency Service Training.
Economic Education and Personal Financial
Literacy Programs.
State Standards for Business, Computer and
Information Technology Courses.
Dating Violence Education.
Holocaust, Genocide and Human Rights Violations
Instruction.
ARTICLE XV-A.
PROJECT LINK TO LEARN.

Section
Section
Section
Section
Section

1501-A.
1502-A.
1503-A.
1504-A.
1505-A.

Legislative Findings.
Definitions.
Basic Education Grants.
Higher Education Funding.
Technology Grants for Equipment and Services.
ARTICLE XV-B.
READ TO SUCCEED PROGRAM.

Section 1501-B. Establishment of Program.

Section
Section
Section
Section

1502-B.
1503-B.
1504-B.
1505-B.

Eligibility Requirements.
Program Requirements.
Technical Assistance and Monitoring.
Reports.

ARTICLE XV-C.
EDUCATION SUPPORT SERVICES AND EDUCATIONAL
ASSISTANCE PROGRAMS.
Section 1501-C. Definitions.
Section 1502-C. Establishment of Programs.
Section 1503-C. Education Support Services Grant Application
and Approval.
Section 1504-C. Powers and Duties of the Department.
Section 1505-C. Providers.
Section 1506-C. Notification of Program.
Section 1507-C. Payment of Educational Support Services Grants.
Section 1508-C. Limitations.
Section 1509-C. Confidentiality.
Section 1510-C. Nontaxable Income.
Section 1511-C. Applicability.
Section 1512-C. Educational Assistance Program.
ARTICLE XV-D
EARLY LEARNING PROGRAMS
(a)
Section
Section
Section
Section
Section
Section

Head Start Supplemental Assistance Program

1501-D.
1502-D.
1503-D.
1504-D.
1505-D.
1506-D.
(b)

Section
Section
Section
Section
Section
Section

1511-D.
1512-D.
1513-D.
1514-D.
1515-D.
1516-D.

Definitions.
Head Start Supplemental Assistance Program.
Priority in funding.
Annual report.
Head Start expansion.
Standards.
Pennsylvania Pre-K Counts Program
Definitions.
Establishment of program.
Duties of department.
Grant awards.
Duties of approved providers.
Reporting.
ARTICLE XV-E.
CHARACTER EDUCATION PROGRAM.

Section
Section
Section
Section
Section
Section

1501-E.
1502-E.
1503-E.
1504-E.
1505-E.
1506-E.

Definitions.
Character education program.
Department duties and powers.
Character Education Grant Program.
Prohibited instruction.
Local control.
ARTICLE XV-F
SCIENCE TECHNOLOGY PARTNERSHIPS

Section
Section
Section
Section
Section

1501-F.
1502-F.
1503-F.
1504-F.
1505-F.

Definitions.
Science Technology Partnership Program.
Science technology partnerships.
Powers and duties of department.
Biennial report.

ARTICLE XV-G
OPEN CAMPUS INITIATIVES
Section
Section
Section
Section
Section
Section
Section
Section

1501-G.
1502-G.
1503-G.
1504-G.
1505-G.
1506-G.
1507-G.
1508-G.

Legislative intent
Definitions.
Open campus initiatives.
Cooperative agreements.
Reimbursements by the Commonwealth.
Parental and public information.
Students with disabilities.
Collective bargaining.
ARTICLE XVI.
HIGH SCHOOLS.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1601. Types of High Schools; Regulations.

1602. New High Schools; Additional Years.
1603. Admission of Pupils.
1604. Employment of Teachers; Subjects of Study.
1605. Courses of Study.
1606. Supervision; Reports.
1607. Attendance in Other Districts.
1607.1. Distressed School Districts and Student
Attendance in Other Districts.
1608. Requirements for Attendance in Other Districts.
1609. Attendance in Other District when Free
Transportation Not Furnished.
1610. Fitness of Pupils.
1611. Academic Degrees.
1612. State Scholarships for Pupils of Secondary
Schools (Repealed).
1613. High School Certificates.
1614. Participation By Students With Disabilities in
High School Graduation Ceremonies.
1615. Virtual High School Study Commission.
1616. Wearing of military uniform at graduation
ceremony.
ARTICLE XVI-A.
INTERSCHOLASTIC ATHLETICS ACCOUNTABILITY.

Section
Section
Section
Section
Section

1601-A.
1602-A.
1603-A.
1604-A.
1605-A.

Scope.
Definitions.
Pennsylvania Athletic Oversight Council.
Council Recommendations and Standards.
Pennsylvania Athletic Oversight Committee.
ARTICLE XVI-B.
OPPORTUNITIES FOR EDUCATIONAL
EXCELLENCE.
(a)

Preliminary Provisions.

Section 1601-B. Scope of Article.

Section 1602-B. Definitions.
Section 1603-B. Responsibilities of department and State Board
of Education.
Section 1604-B. Faculty.
Section 1605-B. Qualifying courses.
Section 1606-B. Construction of article.

(b)
Section
Section
Section
Section
Section

1611-B.
1612-B.
1613-B.
1614-B.
1615-B.

Concurrent Enrollment.

Responsibilities of school entities.

Concurrent enrollment committees (Repealed).
Concurrent enrollment agreements.
Enrollment in concurrent courses.
Credit for concurrent courses.
ARTICLE XVI-C.
DISCLOSURE OF INTERSCHOLASTIC
ATHLETICS OPPORTUNITIES

Section
Section
Section
Section
Section

1601-C.
1602-C.
1603-C.
1604-C.
1605-C.

Scope of article.
Definitions.
Duty to disclose.
Department duties.
Regulations.
ARTICLE XVII.
JOINT SCHOOLS AND
DEPARTMENTS.

Section
Section
Section
Section
Section
Section
Section
Section

1701. Establishment.
1702. Raising Funds.
1703. Written Agreements between Districts.
1704. Joint Authority of Boards; Title to Property.
1705. Treasurer; Budget.
1706. Joint School Treasurer.
1707. Joint School Committee.
1707.1. Joint School System Operated by Union or Merged
School Districts and Other Districts.
Section 1708. Discontinuance.
Section 1709. Traveling Expenses at Meetings of Joint Boards
or Joint School Committees.
ARTICLE XVII-A.
CHARTER SCHOOLS.
(a)

Preliminary Provisions.

Section 1701-A. Short Title.

Section 1702-A. Legislative Intent.
Section 1703-A. Definitions.
(b)
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1714-A.
1715-A.
1716-A.
1717-A.
1718-A.
1719-A.
1720-A.
1721-A.
1722-A.
1723-A.
1724-A.
1725-A.
1726-A.
1727-A.
1728-A.
1729-A.

Charter Schools.

Powers of Charter Schools.

Charter School Requirements.
Powers of Board of Trustees.
Establishment of Charter School.
Regional Charter School.
Contents of Application.
Term and Form of Charter.
State Charter School Appeal Board.
Facilities.
Enrollment.
School Staff.
Funding for Charter Schools.
Transportation.
Tort Liability.
Annual Reports and Assessments.
Causes for Nonrenewal or Termination.

Section 1730-A. Desegregation Orders.

Section 1731-A. Charter School Grants.
Section 1732-A. Provisions Applicable to Charter Schools.
(c)

Cyber Charter Schools.

Section 1741-A. Powers and duties of department.

Section 1742-A. Assessment and evaluation.
Section 1743-A. Cyber charter school requirements and
prohibitions.
Section 1744-A. School district and intermediate unit
responsibilities.
Section 1745-A. Establishment of cyber charter school.
Section 1746-A. State Charter School Appeal Board review.
Section 1747-A. Cyber charter school application.
Section 1748-A. Enrollment and notification.
Section 1749-A. Applicability of other provisions of this act
and of other acts and regulations.
Section 1750-A. Effect on certain existing charter schools.
Section 1751-A. Regulations.
ARTICLE XVII-B.
EDUCATION EMPOWERMENT ACT.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1701-B. Short Title (Expired).

1702-B. Definitions (Expired).
1703-B. Education Empowerment List (Expired).
1704-B. Board of School Directors.
1704.1-B. Superintendent Power to Recommend Dismissal
(Expired).
1705-B. Education Empowerment Districts (Expired).
1706-B. Powers and Duties of Board of Control (Expired).
1707-B. Boards of Control for Certain School Districts
(Expired).
1708-B. Charter Schools (Expired).
1709-B. School Improvement Grants (Expired).
1710-B. Restoration of Control (Expired).
1711-B. Annual Report to the Governor and General
Assembly (Expired).
1712-B. Collective Bargaining (Expired).
1713-B. Desegregation Orders (Expired).
1714-B. Mandate Waiver Program Expired).
1714.1-B. Limitation (Expired).
1715-B. Applicability (Expired).
1716-B. Expiration (Expired).

ARTICLE XVII-C
DYSLEXIA AND EARLY LITERACY INTERVENTION PILOT PROGRAM
Section
Section
Section
Section
Section

1701-C.
1702-C.
1703-C.
1704-C.
1705-C.

Short title of article.

Definitions.
Establishment.
Department responsibilities.
School district responsibilities.
ARTICLE XVIII.
VOCATIONAL EDUCATION.
(a)

Section 1801.

School Districts.

Definitions.

Section 1802.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

State Board for Vocational Education; Executive

Officer; Employes.
1803. Duties of State Board for Vocational Education;
Reports.
1803.1. Duty of Secretary to Report Annually.
1804. Schools or Classes; Supervisors; Principals;
Instructors, etc.
1805. Instruction in Theory and Practice.
1806. Administration by School Districts.
1807. Joint Vocational Schools or Departments.
1808. Advisory Committees.
1809. Attendance in Other Districts and Other States;
Pupils from Other States.
1810. Approved Local or Joint Vocational Schools; State
Reimbursement.
1811. Estimate of Expenses and Reimbursements;
Appropriations.
(b)

Section 1821.
Section 1822.
Section 1823.
Section 1824.
Section 1825.
Section 1826.
Section 1827.
Section 1828.
Section 1829.
Section 1830.
(c)

Vocational School Districts.

How Constituted (Repealed).

Boards of Directors of Vocational Schools;
Secretary; Treasurer (Repealed).
Powers and Duties (Repealed).
Limitation on Powers; Applicability of School
Laws (Repealed).
Levy and Collection of Taxes (Repealed).
Determination of Need for Vocational Schools
(Repealed).
Action of Board of Directors of Vocational
Schools (Repealed).
Elections on Establishment of Vocational Schools
(Repealed).
Joint Vocational Schools, Departments or Classes
(Repealed).
Rules and Regulations; Pupils from Other
Districts (Repealed).
Area Vocational-Technical Schools and
Technical Institutes.

Section 1840. Definitions (Repealed).

Section 1840.1. Definitions.
Section 1841. Area Vocational-Technical Schools and Technical
Institutes Authorized.
Section 1842. Advisory Committees.
Section 1843. Powers and Duties of County Boards (Repealed).
Section 1844. Establishment of Schools and Institutes.
Section 1845. Cost of Establishment, Etc., Ownership of
Property.
Section 1846. Cost of Maintenance and Operation (Repealed).
Section 1847. Attendance of Pupils from Nonparticipating
Districts.
Section 1848. State-wide Plan of Area Vocational Technical
Schools (Repealed).
Section 1849. Petitions for Change of Plan.
Section 1850. Area Vocational Technical Joint School Board
Committee (Repealed).
Section 1850.1. Organization and Operation of Schools and
Institutes.
Section 1850.2. Operation by Intermediate Unit Board of
Directors Acting as an Operating Agent.

Section 1850.3. Operation by a Joint Committee.

Section 1850.4. Capital Reserve Fund for Approved Purchases of
Equipment and Facility Maintenance.
Section 1851. Establishment and Operation by the Department
of Public Instruction.
Section 1852. Payment of Shares.
Section 1853. Contracts to Lease.
Section 1854. Summer Youth Employment Program.
Section 1855. Vocational Education Equipment Grants.
ARTICLE XIX.
EXTENSION EDUCATION AND SPECIAL
SCHOOLS AND CLASSES.
(a)
Section 1901.
Section 1902.
Section 1903.
Section 1904.
Section 1905.
Section 1906.

Extension Education Generally.

Scope of General Extension Education;

Definitions.
Permissive and Required Fee Extension Education.
When and Where Provided; Eligibility;
Limitations.
Deposit Fee.
Certificate or Diploma.
Part of Public Schools; Standards.
(b)

Special Schools and Classes.

Section 1921. Free Evening Schools (Repealed).

Section 1922. Vocational Education for Out-of-School Youth and
Adults.
Section 1923. Teachers of Evening Schools.
Section 1924. Land for Agricultural Schools (Repealed).
Section 1925. Pupils Less than Six or More than Twenty-one.
Section 1926. Schools and Classes in Institutions.
ARTICLE XIX-A.
COMMUNITY COLLEGES.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1901-A. Definitions.
1902-A. Powers and Duties of State Board of Education.
1903-A. Plans and Procedures for Establishing.
1904-A. Election or Appointment; Term and Organization
of Board of Trustees.
1905-A. Powers and Duties of Board of Trustees.
1906-A. Officers of the Community College.
1907-A. Students.
1908-A. Tuition.
1909-A. Taxation.
1910-A. Withdrawal of Sponsorship; Dissolution of
Community College.
1911-A. Participation in or Admission to Established
Community College.
1912-A. Degrees.
1913-A. Financial Program; Reimbursement of Payments.
1914-A. Dissolution of Certain Community Colleges.
1915-A. Work Force Development Courses.
1916-A. Community College Nonmandated Capital Restricted
Account.
1917-A. Community College Capital Fund.
1918-A. Annual Report.
ARTICLE XIX-B.

THADDEUS STEVENS COLLEGE OF TECHNOLOGY.

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

1901-B. Short Title.

1902-B. Legislative Intent.
1903-B. Authorization to Continue Operations.
1903.1-B. Appropriations.
1904-B. School Purposes.
1905-B. School Buildings.
1906-B. Board of Trustees.
1906.1-B. Powers and Duties of the Board of Trustees.
1907-B. President of School.
1908-B. Individuals Eligible for Admission.
1909-B. Tuition Students.
1910-B. Rights of Faculty and Staff.
1911-B. Visitation Privileges.
1912-B. Prior References.
1913-B. Acquisition and Disposition of Property.
1913-B.1. Contracts for Construction, Repair, Renovation
or Maintenance.
1914-B. Purchasing.
1915-B. Audit and Financial Reports.
1916-B. Annual Report.
1917-B. Definitions.
ARTICLE XIX-C.
DISRUPTIVE STUDENT PROGRAMS.

Section
Section
Section
Section
Section
Section

1901-C.
1902-C.
1903-C.
1904-C.
1905-C.
1906-C.

Definitions.
Applications.
Alternative Education Grants.
Construction of Article.
Retroactivity.
Alternative Education Demonstration Grants.
ARTICLE XIX-D.
COMMUNITY EDUCATION COUNCILS.

Section 1901-D. Definitions.

Section 1902-D. Powers and Duties of Secretary of Education.
Section 1903-D. Powers and Duties of Community Education
Council.
Section 1904-D. Powers and Duties of Board of Directors.
Section 1905-D. State Funding.
ARTICLE XIX-E.
PRIVATE ALTERNATIVE EDUCATION INSTITUTIONS
FOR DISRUPTIVE STUDENTS.
Section 1901-E. Definitions.
Section 1902-E. Contracts with Private Alternative Education
Institutions.
Section 1903-E. Approval by Department of Education.
ARTICLE XIX-F
PENNSYLVANIA TECHNICAL COLLEGE PROGRAM
Section
Section
Section
Section
Section
Section

1901-F.
1902-F.
1903-F.
1904-F.
1905-F.
1906-F.

Definitions.
Pennsylvania Technical College Program.
Duties of department.
Program requirements.
Grant awards.
Promulgation of standards.

Section 1907-F. Annual reports.

ARTICLE XX.
STATE COLLEGES.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

2001. Definitions (Repealed).

2002. State Colleges and State Universities (Repealed).
2003. Purpose (Repealed).
2003.1. Board of State College and University Directors
(Repealed).
2003.2. Duties of the Board of State College and
University Directors with Regard to State
Colleges (Repealed).
2003.3. Duties of the Board of State College and
University Directors with Regard to State
Universities (Repealed).
2004. Board of Presidents of State Colleges and State
Universities (Repealed).
2004.1. Management of State Colleges and State
Universities within the Department (Repealed).
2005. No Religious Tests (Repealed).
2006. Practice Teaching (Repealed).
2007. Examinations; Certificates; Diplomas (Repealed).
2008. Board and Fees (Repealed).
2008.1. Boards of Trustees of State Colleges and
Universities (Repealed).
2008.2. Duties of Boards of Trustees of the Several
State Colleges (Repealed).
2008.3. Duties of the Boards of Trustees of the Several
State Universities (Repealed).
2009. Vocational Education and Rehabilitation Programs
Conversion for Other Purposes, etc. (Repealed).
2010. Vocational Rehabilitation Education of War
Veterans and Defense Workers (Repealed).
2011. Powers of Superintendent of Public Instruction
(Repealed).
2012. Research Projects, Authority to Accept Grants
(Repealed).
2013. Annual Reports (Repealed).
ARTICLE XX-A.
THE STATE SYSTEM OF HIGHER EDUCATION.

Section 2001-A. Definitions.

Section 2002-A. Establishment of the State System of Higher
Education and its Institutions.
Section 2003-A. Purposes and General Powers.
Section 2003-A.1. Project Contracts.
Section 2004-A. Board of Governors.
Section 2005-A. The Chancellor.
Section 2006-A. Powers and Duties of the Board of Governors.
Section 2007-A. Commission of Presidents.
Section 2008-A. Councils of Trustees.
Section 2009-A. Powers and Duties of Councils of Trustees.
Section 2010-A. Power and Duties of Institution Presidents.
Section 2011-A. Rental Fees and Other Charges.
Section 2012-A. Diplomas and Certificates.
Section 2013-A. Teachers' and Employes' Retirement Plans.
Section 2014-A. Nondiscrimination.
Section 2015-A. Annual Audit.
Section 2016-A. Continuation of Powers and Duties.
Section 2017-A. Annual Report.

Section 2018-A. Method of Disposition; Consideration by the

General Assembly.
Section 2019-A. Campus Police Powers and Duties.
Section 2020-A. Articulation Agreements.
ARTICLE XX-B.
EDUCATIONAL IMPROVEMENT TAX CREDIT.
(Repealed)
Section
Section
Section
Section
Section
Section
Section
Section

2001-B.
2002-B.
2003-B.
2004-B.
2005-B.
2006-B.
2007-B.
2008-B.

Scope (Repealed).
Definitions (Repealed).
Qualification and Application (Repealed).
Application (Repealed).
Tax Credit (Repealed).
Limitations (Repealed).
Lists (Repealed).
Guidelines (Repealed).

ARTICLE XX-C
TRANSFERS OF CREDITS BETWEEN
INSTITUTIONS OF HIGHER EDUCATION
Section 2001-C. Definitions.
Section 2002-C. Duties of public institutions of higher
education.
Section 2003-C. Duties of public institutions of higher
education and State-related institutions.
Section 2004-C. Transfer and Articulation Oversight Committee.
Section 2005-C. Duties of department.
Section 2006-C. Participation by independent institutions of
higher education or State-related institution.
Section 2006.1-C. Participation by State-related institutions.
Section 2007-C. Applicability.
Article XX-D
State-Related University Reporting
Section
Section
Section
Section
Section
Section

2001-D.
2002-D.
2003-D.
2004-D.
2005-D.
2006-D.

Definitions.
Reporting Guidelines.
Additional Report Requirements.
Disclosure.
Comparative Analysis and Posting by Commission.
Posting of Reports by Department.

ARTICLE XX-E
OLDER PENNSYLVANIAN HIGHER EDUCATION PROGRAM
Section 2001-E. Definitions.
Section 2002-E. Program guidelines.
ARTICLE XX-F
COURSE MATERIALS AT INSTITUTIONS OF HIGHER EDUCATION
Section
Section
Section
Section
Section

2001-F. Scope of article.

2002-F. Definitions.
2003-F. Publisher requirements.
2004-F. Faculty members and academic departments.
2005-F. Responsibilities of institutions of higher
education.
Section 2006-F. College textbook rental program.
Section 2007-F. Electronic Versions of College Textbooks.
Section 2008-F. College textbook adoption polices.

Section 2009-F. College Textbook Policies Advisory Committee.

ARTICLE XX-G
SEXUAL VIOLENCE EDUCATION AT
INSTITUTIONS OF HIGHER EDUCATION
Section
Section
Section
Section
Section
Section

2001-G.
2002-G.
2003-G.
2004-G.
2005-G.
2006-G.

Scope of Article.
Definitions.
Education program.
Follow-up.
Duties of department.
Report.
ARTICLE XXI
SCHOOL DISTRICTS OF
THE FIRST CLASS.

Section 2101.

Additional Provisions.
(a)

Section 2102.
Section 2103.
Section 2104.
Section 2105.
Section 2106.
Section
Section
Section
Section

2107.
2108.
2109.
2110.

Section 2111.
Section 2112.
Section 2113.
Section 2114.

Administration of Schools.

Board of Public Education.

Board of Public Education; Additional Duties.
Superintendents of Schools or Buildings and of
Supplies.
Superintendent of Schools; Additional Retirement
Allowance.
Superintendent of Buildings; Additional
Retirement Allowance.
Associate and Assistant District Superintendents.
Qualifications of Principals and Teachers.
Board of Examiners of Applicants for Positions.
Eligible Lists of Persons Qualified to Teach;
Appointments.
Superintendent of Buildings; Duties; Assistants;
Plans.
Janitors.
Superintendent of Supplies; Duties; Assistants.
Prohibitions.
(b)

Section 2121.
Section 2122.
Section 2123.
Section 2124.
Section 2125.
Section 2126.
Section 2127.
Section
Section
Section
Section
Section
Section
Section
Section

2128.
2129.
2130.
2131.
2132.
2133.
2134.
2135.

Fiscal Affairs.

City Controller to be Elected School Controller;

Deputy Controller.
Oath, Bond, and Compensation of Controller.
Vacancies.
Clerks; Stationery, etc. for Controller and
Treasurer.
School Orders.
Contracts.
Payment of Contracts; Liability of Controller
and his Surety.
Estimates of Expenses.
Annual Statement of Finances for Past Year.
Information for Estimates and Tax Levies.
Publication of Annual Financial Statements.
Transfers of Real Estate.
Budget Reports.
Placement of Certain Adjudicated Students.
Transportation of Certain Students.
ARTICLE XXII.

TEACHERS' AND EMPLOYES'

RETIREMENT FUNDS.
Section
Section
Section
Section

2201.
2202.
2203.
2204.

Establishment of Funds by Districts.

Contributions by Employes.
Representation of Employes.
Retirement Annuities.
ARTICLE XXII-A.
MEDICAL EDUCATION LOAN ASSISTANCE.
(a)

General Provisions.

Section 2201-A. Scope.

Section 2202-A. Purpose.
Section 2203-A. Definitions.
(b)

Program.

Section 2211-A. Pennsylvania Medical Education Loan

Assistance Program.
Section 2212-A. Loan guarantor program.
Section 2213-A. Loan forgiveness program.
Section 2214-A. Tax applicability.
(c)
Section
Section
Section
Section

2231-A.
2232-A.
2233-A.
2234-A.

Miscellaneous Provisions.

Annual report.
Appeals.
Regulations.
Funding.
ARTICLE XXIII.
FUNDING FOR PUBLIC LIBRARIES.

Section 2301.
Section 2302.
Section 2303.
Section 2304.
Section 2305.
Section 2306.
Section 2307.
Section 2308.
Section 2309.
Section 2310.
Section
Section
Section
Section

2311.
2312.
2313.
2314.

Section 2315.
Section 2316.

Management and Supervision (Repealed).

Board of Library Trustees; How Constituted
(Repealed).
Appointment; Terms; Vacancies; Officers
(Repealed).
Rules and Regulations; Powers and Duties
(Repealed).
Appropriations; Limitation; Establishment, etc.
(Repealed).
Payment of Money for Libraries (Repealed).
Aid to Individual or Association Library
(Repealed).
Donations of Books, etc. (Repealed).
Circulation of Books; Branch Libraries
(Repealed).
Library Hours; Use by Residents of Other
Districts (Repealed).
Audit of Receipts and Expenditures (Repealed).
Reports to State (Repealed).
Joint Action of School Districts (Repealed).
Merger of Library Boards on Consolidation of
School Districts; Discontinuance of Library
(Repealed).
Districts Second Class; Library Tax for Support,
etc. of Municipal Library (Repealed).
State aid for certain public libraries
(Repealed).

Section 2317.
Section 2318.
Section 2319.

State Aid for Fiscal Year 2008-2009 (Repealed).

State Aid for Fiscal Year 2011-2012.
State Aid for Fiscal Year 2012-2013.
ARTICLE XXIII-A.
CREDIT CARD MARKETING.

Section 2301-A. Definitions.

Section 2302-A. Regulation of On-Campus Credit Card Marketing.
Section 2303-A. Construction.
ARTICLE XXIV.
AUDITING OF SCHOOL FINANCES.
(a)

General Provisions.

Section 2401. By Whom Audited.

Section 2401.1. Controllers and Auditors Not to be Otherwise
Employed by School Districts or Joint School
Boards.
Section 2402. Statements of Accounts, etc.
Section 2403. Subpoenas; Administering Oaths; Perjury.
Section 2404. Disobedience to Subpoena; Contempt.
Section 2405. Witness Fees.
Section 2406. Audits; Surcharges; Examination of Official
Bonds.
Section 2407. Notice of Surcharges.
Section 2408. Copies of Reports.
Section 2409. Employment of Attorneys.
Section 2410. Investigation of Financial Records by
Superintendent of Public Instruction.
(b)
Section 2421.
(c)
Section 2431.
Section 2432.
Section 2433.
(d)

School Districts of the First Class.

Duties of Controller.
School Districts of The Second and
Third Classes.
Time of Audit; Filing of Copies.
Notice of Audit.
Compensation of Auditors.
School Districts of the Fourth Class.

Section 2441. Time of Audit; Filing Copies; Publication.

Section 2442. Notice of Audit; Districts not Electing Auditors.
Section 2443. Compensation of Auditors.
(e)

Appeals from Audits; Districts Second,

Third and Fourth Class.

Section 2451.
Section 2452.

Who May Appeal; Conditions.

Accounts Investigated De Novo; Burden of Proof;
Single Proceeding.
Section 2453. Procedure; Jury Trials; Appeals to Appellate
Courts.
Section 2454. Judgment; Enforcement; Rights of Taxpayers.
Section 2455. Surcharges; Judgments; Enforcement.
(f)

Accounts of Teachers' Institutes and

School Directors' Associations.

Section 2461.
Section 2462.

Teachers' Institutes (Repealed).

School Directors' Association.

ARTICLE XXV.
REIMBURSEMENTS BY
COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS.
(a)
Section 2501.

Definitions.
(b)

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Definitions.

Instruction.

2502. Payments on Account of Instruction.

2502.1. Supplemental Payments (Repealed).
2502.2. Payments on Account of Migratory Children.
2502.3. Payments on Account of Poverty (Repealed).
2502.4. Additional Special Assistance Grants on Account
of Low Income Families (Repealed).
2502.5. Limitation of Certain Payments.
2502.6. Proportionate Reduction of Payments.
2502.7. Legislative Intent (Repealed).
2502.8. Payments on Account of Pupils Enrolled in
Vocational Curriculums.
2502.9. Equalized Supplement for Student Learning
(Repealed).
2502.10. Temporary Special Aid to School Districts Due
to Real Property Reassessments.
2502.11. Economic Supplement.
2502.12. Revised Computations of Certain Payments.
2502.13. Small District Assistance.
2502.14. School Supplement.
2502.15. First Class A School District Supplement.
2502.16. Temporary Special Aid to School Districts
Suffering Loss of Tax Revenue Due to Bankruptcy
of Businesses in the School District.
2502.17. Low-Expenditure, Low-Wealth Supplement.
2502.18. Low-Expenditure Poverty Supplement.
2502.19. Limitation of Payments.
2502.20. Subsidy Payments.
2502.21. Education Subsidy Base.
2502.22. Equity Supplement.
2502.23. Minimum Effort Base.
2502.24. Foundation Guarantee.
2502.25. Growth Supplement.
2502.26. Limited Revenue Sources Supplement.
2502.27. Discretionary Funds to Assist School Districts
Experiencing Extreme Financial Difficulty.
2502.28. Resource Data for Foundation-Based Equity
Formula Development.
2502.29. Basic Education Funding.
2502.30. Temporary Special Aid to School Districts
(Expired).
2502.31. Basic Education Funding.
2502.32. For Court-Ordered Payments to Woodland Hills
School District.
2502.33. Basic Education Funding for 1996-1997 School
Year.
2502.34. School Performance Incentives.
2502.35. Basic Education Funding for 1997-1998 School
Year.

Section 2502.36. Basic Education Funding for 1998-1999 School

Year.
Section 2502.37. Basic Education Funding for 1999-2000 School
Year.
Section 2502.38. Minimum per Average Daily Membership Guarantee.
Section 2502.39. Basic Education Funding for 2000-2001 School
Year.
Section 2502.40. Basic Education Funding for 2001-2002 School
Year.
Section 2502.41. Basic Education Funding for 2002-2003 School
Year.
Section 2502.42. Reimbursement of Additional Expenses Related
to Basic Education.
Section 2502.43. Basic Education Funding for 2003-2004 School
Year.
Section 2502.44. Basic Education Funding for 2004-2005 School
Year.
Section 2502.45. Basic Education Funding for 2005-2006 School
Year.
Section 2502.46. Funding for Partnership Schools.
Section 2502.47. Basic Education Funding for 2006-2007 School
Year.
Section 2502.48. Basic Education Funding for Student
Achievement.
Section 2502.49. Accountability to Commonwealth Taxpayers
(Repealed).
Section 2502.50. Basic Education Funding for 2010-2011 School
Year.
Section 2502.51. Basic Education Funding for 2011-2012 School
Year.
Section 2502.52. Basic Education Funding for 2012-2013 School
Year.
Section 2503. Payments on Account of Tuition.
Section 2503.1. Minimum Reimbursements to Union and Merged
Districts and Jointures (Repealed).
Section 2504. Payments on Account of Vocational Curriculums
(Repealed).
Section 2504.1. Payments on Account of Standardized
Driver-Education Programs.
Section 2504.2. Payments on Account of Pupils Enrolled in Area
Vocational-Technical Schools (Repealed).
Section 2504.3. Payments on Account of Students Enrolled in
Technical Institutes.
Section 2504.4. Payments on Account of Limited English
Proficiency Programs.
Section 2505. Payments on Account of School Nurses (Repealed).
Section 2505.1. State Reimbursement for Health Services.
Section 2506. Payments on Account of Approved Travel
(Repealed).
Section 2506.1. Payments on Account of Approved Adult Program
Travel.
Section 2507. Payments on Account of Approved Vocational
Extension Classes and Pre-employment Training.
Section 2508. Distribution of Unencumbered Funds for Vocational
Education.
Section 2508.1. Payment on Account of Equipment Purchased for
Area Vocational-Technical Schools and Technical
Institutes.
Section 2508.2. Payments on Account of Area Vocational-Technical
Schools and Technical Institutes (Repealed).

Section 2508.3. Payments for Vocational Training of Recipients

of Public Assistance and Unemployment
Compensation.
Section 2508.4. Payments on Account of Improvements and
Additions in Vocational-Technical Curriculums.
Section 2508.5. Payment on Account of Equipment Purchased for
Area Vocational-Technical Schools and School
Districts.
Section 2509. Payments on Account of Courses for Exceptional
Children.
Section 2509.1. Payments to Intermediate Units.
Section 2509.2. Payment on Account of Transportation Classes
and Schools for Children of Migrant Laborers.
Section 2509.3. Payments on Account of Transportation of
Nonpublic School Pupils.
Section 2509.4. Payments on Account of Special Education
Services.
Section 2509.5. Special Education Payments to School Districts.
Section 2509.6. Average Cost Guarantee.
Section 2509.7. Minimum Guarantee.
Section 2509.8. Extraordinary Special Education Program
Expenses.
Section 2509.9. Special Education Payments to Intermediate Units
and School Districts for 1992-1993.
Section 2509.10. Special Education Payment Adjustments for
1992-1993 School Year.
Section 2509.11. Eligible Young Children.
Section 2509.12. Special Education Community Support Services.
Section 2509.13. Special Education Funding for Student
Achievement and Instruction of Eligible Students.
Section 2509.14. Special Education Funding for Eligible Students
with Disabilities in Cost Category 3 (Repealed).
Section 2509.15. Special Education Accountability.
Section 2509.16. Data Collection.
Section 2509.17. Protections.
Section 2510. Payments on Account of Extension Classes and
Instruction of Home Bound Children (Repealed).
Section 2510.1. Payments on Account of Homebound Children.
Section 2510.2. Assistance to School Districts Certified as
Education Empowerment Districts.
Section 2510.3. Assistance to School Districts Declared to be
in Financial Recovery Status or Identified for
Financial Watch Status.
Section 2511. Payments on Account of Closed Schools (Repealed).
Section 2511.1. Payments on Account of Obligations to State
Public School Building Authority (Repealed).
Section 2512. Certificates of Attendance Data.
Section 2513. Certificates of Teacher Data.
Section 2513.1. Certificates of Expenditures for Vocational
Schools.
Section 2514. Certificates of Assessed Valuations.
Section 2514.1. Personal Income Valuation Information and
Determinations.
Section 2515. Ascertainment of Amounts Required; Apportionment.
Section 2516. Certification of Amounts.
Section 2517. Payments.
Section 2518. Forfeitures for Employing Improperly Certified
Individuals.
Section 2519. Withholding Payments for Failure to Pay Minimum
Salaries and Increments.
Section 2520. Payments on Account of Increase in Number of
Pupils and Additional Closed Schools (Repealed).

Section 2521. Errors in Certificates.

Section 2522. Payments to School Treasurer; Use.
Section 2523. Schools Closed on Account of Contagious Disease,
etc.
Section 2524. Penalty for Falsifying Reimbursement Reports.
Section 2525. Audio-Visual Libraries and Instructional
Materials Centers.
Section 2526. Reduction of Payments Prohibited.
Section 2526.1. Budget Stabilization Plan Progress Report.
(c)
Section 2541.
Section 2542.
Section 2543.

Payments on Account of Pupil Transportation.

Board and Lodging in Lieu of Transportation.
Sworn Statement of Amount Expended for
Reimbursable Transportation; Payment;
Withholding.
(d)

Section
Section
Section
Section

Pupil Transportation.

All Appropriations.

2551. Unused Appropriations.

2552. Withholding State Appropriations.
2552.1. Effect of Failure to File Reports.
2553. Audits and Verifications of Rights to
Reimbursements.
(e)

Reimbursements Between School Districts.

Section 2561.
Section 2562.

Tuition Charges for Pupils of Other Districts.

Payments by Districts for Pupils Attending in
Other Districts.
Section 2563. Certification of Pupils Admitted from Other
Districts; Monthly Payments.
Section 2564. Deductions from State Appropriations.
Section 2565. Sewer Charge or Rental, Districts Fourth Class.
(f)
Section 2571.
Section
Section
Section
Section
Section
Section
Section

Section

School Building Rentals and

Sinking Fund Charges.

Standard Reimbursement Fraction for School

Building Rentals and Sinking Fund Charges
(Repealed).
2572. State Public School Building Authority and
Municipality Authority and Nonprofit Corporation
Leases Heretofore Approved.
2573. Municipality Authority and Nonprofit Corporation
Leases Heretofore Approved (Repealed).
2574. Approved Reimbursable Rental for Leases Hereafter
Approved and Approved Reimbursable Sinking Fund
Charges on Indebtedness.
2574.1. Payments on Account of Building Site Costs.
2574.2. Approved Reimbursable Annual Rental for Leases
of Buildings and Facilities for School Use.
2574.3. Approved Reimbursable Annual Rental for Leases
of Buildings or Portions of Buildings for Charter
School Use.
2575. Payments on Account of Leases Hereafter Approved
and on Account of Sinking Fund Charges on
Indebtedness for School Buildings Hereafter
Constructed.
2575.1. Payments on Account of Building Costs.

Section 2575.2. Payments on Account of Approved Rental for

Leases of Buildings and Facilities for School
Use.
Section 2576. Approval of Department of Public Instruction.
Section 2577. Limitations on Approval of Projects for
Reimbursement Purposes.
Section 2578. Payments.
Section 2578.1. Payments to School Districts Because of Density
Factor.
Section 2579. Inspection of Projects by Department of Public
Instruction.
Section 2580. Changes in the Amount of Lease Rentals.
(g)
Section 2585.

Payments to Joint School Boards

or Joint School Committees.

Payments to Joint School Boards or Joint School

Committees.
(h)

Additional Payments.

Section 2591. Additional Payments (Repealed).

Section 2591.1. Commonwealth Reimbursements for Charter Schools
and Cyber Charter Schools.
Section 2592. Guaranteed Payment (Repealed).
Section 2593. Responsibility for Vocational Programs.
Section 2594. Special Payments on Account of Minimum Salary
Increases.
Section 2595. School Performance Incentives.
Section 2596. Special Study on the Revenue Impact of
Out-of-State Tax Credits.
Section 2597. Distance Learning Grants (Repealed).
Section 2597.1. Education Mentoring and School Dropout
Prevention Programs.
Section 2597.2. Program Establishment.
Section 2597.3. Eligible Grant Applicants.
Section 2597.4. Program Requirements.
Section 2597.5. Criteria for Awarding Grants.
Section 2597.6. Duties and Responsibilities of the Secretary
of Education.
Section 2598. Charter Schools Grants (Repealed).
Section 2599. Administrative/Instructional Consolidation
Incentives.
Section 2599.1. Multipurpose Service Center Grant Program.
Section 2599.2. Pennsylvania Accountability Grants.
Section 2599.3. Statewide Costing-out Study.
Section 2599.4. Targeted Industry Cluster Certificate
Scholarship Program.
Section 2599.5. Distance Education Program.
ARTICLE XXV-A.
KEYSTONE EDUCATIONAL ACCOUNTABILITY.
Section
Section
Section
Section
Section
Section
Section
Section

2501-A. Scope.
2502-A. Purpose.
2503-A. Definitions.
2504-A. Establishment.
2505-A. Best Financial Management Practices Standards.
2506-A. Review Process.
2507-A. State Certification as a Keystone District.
2508-A. Failure to meet best Financial Management
Practices Standards.

Section 2509-A. Duties of Department.

Section 2510-A. Revocation of Certification.
Section 2511-A. Cost Savings.
ARTICLE XXVI.
STATE SCHOOL FUND.
Section
Section
Section
Section
Section
Section
Section

2601.
2602.
2603.
2604.
2605.
2606.
2607.

How Constituted (Repealed).

Management and Custody.
Investments.
Use of Fund Appropriation.
Payments; How Made (Repealed).
Reports of Condition of Fund.
Refunds of Escheated Estates; Appropriation
(Repealed).
ARTICLE XXVI-A.
SURPLUS GRANTS.

Section
Section
Section
Section
Section
Section
Section

2601-A.
2602-A.
2603-A.
2604-A.
2605-A.
2606-A.
2607-A.

Legislative Findings.
Definitions.
Certification of Recipients.
Surplus Grants.
Use of Moneys.
Forfeiture.
Expiration.
ARTICLE XXVI-B.
THE STATE BOARD OF EDUCATION.

Section
Section
Section
Section

2601-B. Definitions.
2602-B. Membership.
2603-B. Powers and Duties of the Board.
2604-B. Powers and Duties of Council of Basic Education
and Council of Higher Education.
Section 2605-B. Reports and Recommendations.
Section 2606-B. Cooperation Between the Board and the Department
of Education.
ARTICLE XXVI-C.
INSTITUTIONAL EQUIPMENT GRANTS.
(Expired)
Section
Section
Section
Section
Section
Section

2601-C.
2602-C.
2603-C.
2604-C.
2605-C.
2606-C.

Definitions (Expired).
Certification of Recipients (Expired).
Institutional Equipment Grants (Expired).
Use of Moneys (Expired).
Forfeiture (Expired).
Expiration (Expired).
ARTICLE XXVI-D.
EQUIPMENT GRANTS.
(Expired)

Section
Section
Section
Section
Section
Section

2601-D.
2602-D.
2603-D.
2604-D.
2605-D.
2606-D.

Definitions (Expired).
Certification of Recipients (Expired).
Institutional Equipment Grants (Expired).
Use of Moneys (Expired).
Forfeiture (Expired).
Expiration (Expired).
ARTICLE XXVI-E.

EQUIPMENT GRANTS.
(Expired)
Section
Section
Section
Section
Section
Section

2601-E. Definitions (Expired).

2602-E. Certification of Recipients (Expired).
2603-E. Institutional Equipment Grants (Expired).
2604-E. Use of Moneys (Expired).
2605-E. Forfeiture (Expired).
2606-E. Satisfaction of Expenditure Requirements
(Expired).
Section 2607-E. Expiration (Expired).
ARTICLE XXVI-F.
EQUIPMENT GRANTS.
(Expired)
Section
Section
Section
Section
Section
Section

2601-F.
2602-F.
2603-F.
2604-F.
2605-F.
2606-F.

Definitions (Expired).
Certification of Recipients (Expired).
Institutional Equipment Grants (Expired).
Use of Moneys (Expired).
Forfeiture (Expired).
Expiration (Expired).
ARTICLE XXVI-G.
GRADUATE OPPORTUNITY FUND.

Section 2601-G. Graduate Opportunity Fund.

ARTICLE XXVI-H.
POST-SECONDARY DEGREES.
Section 2601-H. Power to Confer Degrees.
ARTICLE XXVI-I.
TEACHER RECRUITMENT ASSISTANCE.
Section
Section
Section
Section

2601-I.
2602-I.
2603-I.
2604-I.

Definitions.
Teacher Recruitment Assistance Program.
Teacher Recruitment Assistance.
Loan Forgiveness Awards.
ARTICLE XXVII.
REPEALS.

Section 2701.
Section 2702.

Specific Repeals.
General Repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:
ARTICLE I.
PRELIMINARY PROVISIONS.
Section 101. Short Title and Effective Date.--This act shall
be known and may be cited as the "Public School Code of 1949."
The provisions thereof shall become effective on the first day
of July, one thousand nine hundred forty-nine, except in so far
as they affect school districts of the first class. In so far
as they affect school districts of the first class, the

provisions of this act shall become effective on the first day

of January, one thousand nine hundred fifty.
Section 102. Definitions.--When used in this act the
following words and phrases shall have the following meanings:
"Academic performance target." A percentage of students in
a school or school district required to score at a level equal
to or above proficient in those subject areas assessed through
a PSSA test and required under the No Child Left Behind Act of
2001 (Public Law 107-110, 115 Stat. 1425) in order to achieve
adequate yearly progress pursuant to 22 Pa. Code 403.3
(relating to single accountability system).
"Adequate yearly progress" or "AYP." Adequate yearly
progress as defined by section 1111(b)(2)(C) of the No Child
Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425)
and in 22 Pa. Code 403.2 (relating to definitions) and 403.3
(relating to single accountability system).
"Board of school directors." Includes the board of public
education in school districts of the first class except where
specifically limited to school districts of other classes.
"Corrective action." Classification as provided in 22 Pa.
Code 403.3 (relating to single accountability system)
indicating that a school or school district failed to meet
adequate yearly progress for four or more consecutive years and
requiring development of a corrective action plan.
"Keystone Exam." An assessment developed or caused to be
developed by the Department of Education pursuant to 22 Pa.
Code 4.51(f) (relating to State assessment system). (Def.
added June 30, 2012, P.L.684, No.82)
"No Child Left Behind Act of 2001." The No Child Left Behind
Act of 2001 (Public Law 107-110, 115 Stat. 1425).
"Official visitor." Includes the Governor, Lieutenant
Governor, members of the Senate and the House of
Representatives, the Secretary of Education and members of the
State Board of Education.
"Pennsylvania System of School Assessment test" or "PSSA
test." A test developed and implemented by the Department of
Education to determine only academic achievement relating to
objective academic standards in the areas of reading, writing,
mathematics and science and which test is so developed and
implemented as necessary to comply with Federal law.
"Proficient." The attainment of performance levels in those
subject areas assessed through the Pennsylvania System of School
Assessment test and required under the No Child Left Behind Act
of 2001 (Public Law 107-110, 115 Stat. 1425) that have been
approved by the State Board of Education to reflect satisfactory
academic performance.
"School district." Includes school districts of all classes
except where specifically limited to districts of a particular
class or classes.
"School improvement." Classification as provided in 22 Pa.
Code 403.3 (relating to single accountability system)
indicating a school or school district has failed to make
adequate yearly progress for two consecutive years and needs
improvement.
"School term." The period of time elapsing between the
opening of the public schools in the fall of one year and the
closing of the public schools in the spring of the following
year.
"School year." The period of time elapsing in school
districts of the first class between the first day of January
and the 31st day of December of any year and in school districts
of all other classes between the first day of July of one year

and the 30th day of June of the following year. Effective July
1, 1997, for the 1997-1998 school year and each school year
thereafter, school districts with a year-round education program
may submit a request to the Secretary of Education for approval
or disapproval to extend the school year until August 15 for
the purpose of determining average daily memberships for
students whose 180 days of instruction continue into the summer
months.
"Warning." Classification as provided in 22 Pa. Code 403.3
(relating to single accountability system) indicating that a
school or school district has failed to make its academic
performance targets for one year.
(102 amended Dec. 23, 2003, P.L.304, No.48)
Section 103. Excluded Provisions.--This act does not include
any provisions of, and shall not be construed to repeal:
(1) The Public School Employes Retirement Law, approved the
eighteenth day of July, one thousand nine hundred seventeen
(Pamphlet Laws 1043). ((1) amended Sept. 28, 1951, P.L.1551,
No.395)
(2) The Municipal Claim and Tax Lien Law, approved the
sixteenth day of May, one thousand nine hundred twenty-three
(Pamphlet Laws 207).
(3) "The Administrative Code of 1929", approved the ninth
day of April, one thousand nine hundred twenty-nine (Pamphlet
Laws 177).
(4) "The Vehicle Code", approved the first day of May, one
thousand nine hundred twenty-nine (Pamphlet Laws 905).
(5) The Delinquent Tax Sales Act of 1931, approved the
twenty-ninth day of May, one thousand nine hundred thirty-one
(Pamphlet Laws 280).
(6) The "Municipal Borrowing Law", approved the twenty-fifth
day of June, one thousand nine hundred forty-one (Pamphlet Laws
159).
(7) The "Local Tax Collection Law", approved the
twenty-fifth day of May, one thousand nine hundred forty-five
(Pamphlet Laws 1050).
(8) The "Real Estate Tax Sale Law", approved the seventh
day of July, one thousand nine hundred forty-seven (Pamphlet
Laws 1368).
(9) The Act Relating to Strikes by Public Employes, approved
the thirtieth day of June, one thousand nine hundred forty-seven
(Pamphlet Laws 1183).
(10) Any law relating to elections.
(11) Any temporary law.
(12) Any law validating past actions or proceedings.
(13) Any amendment or supplement of any of the laws referred
to in this section.
Section 104. Saving Clause.--The provisions of this act,
so far as they are the same as those of existing laws, are
intended as a continuation of such laws and not as new
enactments. The repeal by this act of any act of Assembly or
part thereof shall not revive any act or part thereof heretofore
repealed or superseded nor affect the existence or class of any
school district heretofore created. The provisions of this act
shall not affect the title to, or ownership of, any property,
real or personal, vested prior to the effective date of this
act. The provisions of this act shall not affect any act done,
liability incurred, or right accrued or vested, or affect any
suit or prosecution pending or to be instituted to enforce any
right or penalty or punish any offense under the authority of
such repealed laws. All rules and regulations made pursuant to
any act of Assembly repealed by this act shall continue with

the same force and effect as if such act had not been repealed.
Any person holding office under any act of Assembly repealed
by this act shall continue to hold such office until the
expiration of the term thereof, subject to the conditions
attached to such office prior to the passage of this act.
Section 105. Right of Appeal Saved.--Except as herein
otherwise provided, nothing in this act contained shall be held
to preclude the right of appeal in actions arising under this
act from any court wherein such action shall be brought.
Section 106. Publication of Notices, etc.; Proofs of
Publication.--(a) Whenever, under the provisions of this act,
notice is required to be published in one newspaper, such
publication shall be made in a newspaper of general circulation
as defined by the "Newspaper Advertising Act" of May sixteen,
one thousand nine hundred twenty-nine (Pamphlet Laws 1784),
printed in the county, unless the matter in connection with
which the advertising is being done affects only a school
district, in which case such advertisement shall be published
in a newspaper printed in such school district, if there is
such a newspaper, and if not, then in a newspaper circulating
generally in such school district. If such notice is required
to be published in more than one newspaper, it shall be
published in at least one newspaper of general circulation,
defined as aforesaid, printed, if there be such a newspaper,
or circulating generally, as above provided, in the school
district.
(b) When such notice relates to any proceeding or matter
in any court, or the holding of an election for the increase
of indebtedness, or the issue and sale of bonds to be paid by
taxation, such notice, in each school district, shall also be
published in the legal newspaper, if any, designated by the
rules of court of the proper county for the publication of legal
notices and advertisements: Provided, That auditors' statements,
summaries of auditors' statements, advertisements inviting
proposals for public contracts and for bids for materials and
supplies, or lists of delinquent taxpayers, shall be published
only in newspapers of general circulation, defined as aforesaid.
(c) Proof of publication of any notice required to be given
by the posting of handbills or statements shall be made by
attaching an original copy of such handbill or statement as
actually printed and posted to an affidavit made by the person
posting such notice. Such affiant shall not be an interested
party or an employe of any person or persons interested in the
subject matter of said notice. His affidavit shall state where
and when the notices were posted and where the notice was
published in newspapers, as aforesaid. A printed copy, exactly
as published in said newspaper, shall be securely attached to
a similar affidavit of the publisher or his designated agent.
Section 107. Compensation for Services or Additional
Services.--Where, by the provisions of this act, any services
or additional services are imposed upon any public official for
which no compensation is provided, the board of school directors
of the proper district may, unless such service is required to
be performed without compensation, pay out of the funds of the
district such reasonable compensation for such service or
additional service as it may determine, subject to the
provisions of this act.
Section 108. Religious or Political Tests, etc.,
Prohibited.--No religious or political test or qualification
shall be required of any director, visitor, superintendent,
teacher, or other officer, appointee, or employe in the public
schools of this Commonwealth.

Section 109. Disposition of Fines.--All fines that are

imposed and collected under any of the provisions of this act
shall be paid to the treasurer of the proper school district,
or, when the proper school district cannot be determined, into
the State School Fund.
Section 110. Official Visitors Access to Public Schools.--An
official visitor shall have access to and may not be denied
access to any public school in the Commonwealth at any time.
(110 added May 11, 1982, P.L.396, No.115)
Section 111. Criminal History of Employes and Prospective
Employes; Conviction of Certain Offenses.--(Hdg. amended June
30, 2012, P.L.684, No.82) (a) ((a) expired March 31, 2007. See
Act 114 of 2006.)
(a.1) Beginning April 1, 2007, this section shall apply to
all current and prospective employes of public and private
schools, intermediate units and area vocational-technical
schools, including, but not limited to, teachers, substitutes,
janitors, cafeteria workers, independent contractors and their
employes, except those employes and independent contractors and
their employes who have no direct contact with children.
(1) Beginning April 1, 2007, this section shall apply to
bus drivers employed or offered employment by a school district,
private school, nonpublic school, intermediate unit or area
vocational-technical school or by an independent contractor.
(2) Beginning April 1, 2007, this section shall apply to
student teachers and student teacher candidates assigned to all
public and private schools, intermediate units and area
vocational-technical schools.
(3) For purposes of this section, "student teacher" or
"student teacher candidate" shall mean an individual
participating in a classroom teaching, internship, clinical or
field experience who, as part of a program for the initial or
advanced preparation of professional educators, performs
classroom teaching or assists in the education program in a
public or private school, intermediate unit or area
vocational-technical school under the supervision of educator
preparation program faculty.
(4) Prior to a student teacher or student teacher
candidate's participation in any classroom teaching, internship,
clinical or field experience, the student teacher or student
teacher candidate shall provide to the administrator of his or
her educator preparation program all criminal history record
information required of an employe or prospective employe who
is subject to this section.
(5) A student teacher or student teacher candidate may not
participate in any classroom teaching, internship, clinical or
field experience if this section would prohibit an employe or
prospective employe subject to this section from being employed
under those circumstances.
(6) During the course of a student teacher or student
teacher candidate's participation in an educator preparation
program, the administrator of the student teacher or student
teacher candidate's educator preparation program shall maintain
a copy of the criminal history record information that was
provided by the student teacher or student teacher candidate.
The penalty provisions of subsection (g) shall be applicable
to the administrator of a student teacher or student teacher
candidate's educator preparation program.
(7) If a student teacher or student teacher candidate is
continuously enrolled in an educator preparation program, the
criminal history record information initially submitted by the
student teacher or student teacher candidate to that program

shall remain valid during that period of enrollment, subject

to the requirements of subsection (j). If a student teacher or
student teacher candidate's enrollment in an educator
preparation program is interrupted or if the student teacher
or student teacher candidate transfers to another educator
preparation program, the student teacher or student teacher
candidate shall provide to the administrator of his or her
educator preparation program all criminal history record
information required of an employe who is subject to this
section.
((a.1) amended June 30, 2012, P.L.684, No.82)
(b) Administrators of public and private schools,
intermediate units and area vocational-technical schools shall
require prospective employes to submit with their employment
application, pursuant to 18 Pa.C.S. Ch.91 (relating to criminal
history record information), a report of criminal history record
information from the Pennsylvania State Police or a statement
from the Pennsylvania State Police that the State Police central
repository contains no such information relating to that person.
Such report of criminal history record information shall be no
more than one (1) year old. An applicant may submit a copy of
the required information with the application for employment.
Administrators shall maintain a copy of the required
information. Administrators shall require contractors to produce
a report of criminal history record information for each
prospective employe of such contractor prior to employment. A
copy of the report of criminal history record information from
the Pennsylvania State Police shall be made available to the
applicant in a manner prescribed by the Department of Education.
((b) amended July 9, 2008, P.L.846, No.61)
(c) ((c) expired March 31, 2007. See Act 114 of 2006.)
(c.1) Beginning April 1, 2007, administrators shall maintain
on file with the application for employment a copy of the
Federal criminal history record in a manner prescribed by the
Department of Education. At a minimum, the Department of
Education shall prescribe a method for applicants to submit a
set of fingerprints to be transmitted to the Federal Bureau of
Investigation for Federal criminal history record information
pursuant to the applicable Federal law. The Federal criminal
history record information report shall be no more than one (1)
year old. Administrators shall maintain a copy of the required
information and shall require each applicant to secure a Federal
criminal history record information report that may not be more
than one (1) year old at the time of employment. A copy of the
Federal criminal history record information report shall be
made available to the applicant in a manner prescribed by the
Department of Education. ((c.1) amended July 9, 2008, P.L.846,
No.61)
(c.2) The provisions of 18 Pa.C.S. 9121(b)(2) (relating
to general regulations) shall not apply if the request is made
pursuant to this section. ((c.2) added July 9, 2008, P.L.846,
No.61)
(d) The State Board of Education shall, in the manner
provided by law, promulgate the regulations necessary to carry
out this section. The regulations shall provide for the
confidentiality of criminal history record information obtained
pursuant to this act.
(e) No person subject to this act shall be employed or
remain employed in a public or private school, intermediate
unit or area vocational-technical school where a report of
criminal history record information or a form submitted by an

employe under subsection (j) indicates the person has been

convicted of any of the following offenses:
(1) An offense under one or more of the following provisions
of Title 18 of the Pennsylvania Consolidated Statutes:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 3129 (relating to sexual intercourse with
animal).
Section 4302 (relating to incest).
Section 4303 (relating to concealing death of child).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant children).
A felony offense under section 5902(b) (relating to
prostitution and related offenses).
Section 5903(c) or (d) (relating to obscene and other
sexual materials and performances).
Section 6301(a)(1) (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
Section 6318 (relating to unlawful contact with minor).
Section 6319 (relating to solicitation of minors to
traffic drugs).
Section 6320 (relating to sexual exploitation of
children).
(2) An offense designated as a felony under the act of April
14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
Drug, Device and Cosmetic Act."
(3) An offense similar in nature to those crimes listed in
clauses (1) and (2) under the laws or former laws of the United
States or one of its territories or possessions, another state,
the District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation, or under a former law of this Commonwealth.
((e) amended June 30, 2012, P.L.684, No.82)
(f) ((f) deleted by amendment June 30, 2011, P.L.112, No.24)
(f.1) (1) If a report of criminal history record
information or a form submitted by an employe under subsection
(j) indicates the person has been convicted of an offense graded
as a felony offense of the first, second or third degree other
than one of the offenses enumerated under subsection (e), the
person shall be eligible for continued or prospective employment
only if a period of ten years has elapsed from the date of
expiration of the sentence for the offense.
(2) If a report of criminal history record information or
a form submitted by an employe under subsection (j) indicates
the person has been convicted of an offense graded as a
misdemeanor of the first degree, other than one of the offenses
enumerated in subsection (e), the person shall be eligible for

continued or prospective employment only if a period of five

years has elapsed from the date of expiration of the sentence
for the offense.
(3) If the report of criminal history record information
or a form submitted by an employe under subsection (j) indicates
the person has been convicted more than once for an offense
under 75 Pa.C.S. 3802(a), (b), (c) or (d) (relating to driving
under influence of alcohol or controlled substance) and the
offense is graded as a misdemeanor of the first degree under
75 Pa.C.S. 3803 (relating to grading), the person shall be
eligible for current or prospective employment only if a period
of three years has elapsed from the date of expiration of the
sentence for the most recent offense.
((f.1) amended June 30, 2012, P.L.684, No.82)
(f.2) Nothing in this section shall be construed to
interfere with the ability of a public or private school,
intermediate unit or area vocational-technical school to make
employment, discipline or termination decisions, provided that
this subsection shall not be construed to conflict with
subsection (e), (f.1) or (j)(6).
((f.2) amended June 30, 2012, P.L.684, No.82)
(g) An administrator, or other person responsible for
employment decisions in a school or other institution under
this section who wilfully fails to comply with the provisions
of this section commits a violation of this act and shall be
subject to civil penalty as provided in this section.
(1) The department shall have jurisdiction to determine
violators of this section and may, following a hearing, assess
a civil penalty not to exceed two thousand five hundred dollars
($2,500).
(2) The civil penalty shall be payable to the Commonwealth.
(h) Subject to the requirements of subsection (j), any
person who has once obtained the information required under
subsections (b), (c) and (c.1) may transfer to or provide
services to another school in the same district, diocese or
religious judicatory or established and supervised by the same
organization and shall not be required to obtain additional
reports before making such transfer.
((h) amended June 30, 2012, P.L.684, No.82)
(i) Notwithstanding subsections (b), (c) and (c.1), and
subject to the requirements of subsection (j), administrators,
before April 1, 2007, may employ in-State applicants on a
provisional basis for a single period not to exceed thirty (30)
days and may employ out-of-State applicants on a provisional
basis for a single period not to exceed ninety (90) days and,
after March 31, 2007, may employ any applicants on a provisional
basis for a single period not to exceed ninety (90) days, except
during a lawful strike proceeding under the provisions of the
act of July 23, 1970 (P.L.563, No.195), known as the "Public
Employe Relations Act," provided that all of the following
conditions are met:
(1) the applicant has applied for the information required
under subsection (b) and, where applicable, under subsection
(c) or (c.1) and the applicant provides a copy of the
appropriate completed request forms to the administrator;
(2) the administrator has no knowledge of information
pertaining to the applicant which would disqualify him from
employment pursuant to subsection (e) or (f.1);
(3) the applicant swears or affirms in writing that he is
not disqualified from employment pursuant to subsection (e) or
(f.1);

(4) if the information obtained pursuant to subsection (b),

(c) or (c.1) reveals that the applicant is disqualified from
employment pursuant to subsection (e) or (f.1), the applicant
shall be suspended and subject to termination proceedings as
provided for by law; and
(5) the administrator requires that the applicant not be
permitted to work alone with children and that the applicant
work in the immediate vicinity of a permanent employe.
((i) amended June 30, 2012, P.L.684, No.82)
(j) (1) The department shall develop a standardized form
to be used by current and prospective employes of public and
private schools, intermediate units and area
vocational-technical schools for the written reporting by
current and prospective employes of any arrest or conviction
for an offense enumerated under subsections (e) and (f.1). The
form shall provide a space in which a current or prospective
employe who has not been convicted of or arrested for any such
offense will respond "no conviction" and "no arrest." The form
also shall provide that failure to accurately report any arrest
or conviction for an offense enumerated under subsection (e)
or (f.1) shall subject the current or prospective employe to
criminal prosecution under 18 Pa.C.S. 4904 (relating to
unsworn falsification to authorities). The department shall
publish the form on its publicly accessible Internet website
and in the Pennsylvania Bulletin.
(2) All current and prospective employes of a public or
private school, intermediate unit or area vocational-technical
school shall complete the form described in clause (1),
indicating whether or not they have been arrested for or
convicted of an offense enumerated under subsections (e) and
(f.1), provided that any current employe who completed the form
on or before December 27, 2011, in compliance with clauses (1)
and (2) on that date and who has not been arrested for or
convicted of an offense enumerated under subsections (e) and
(f.1) shall not be required to complete an additional form under
this subsection.
(3) If, as required in clause (2), a current or prospective
employe refuses to submit the form described in clause (1), the
administrator or other person responsible for employment
decisions in a school or other institution shall immediately
require the current or prospective employe to submit to the
administrator a current report of criminal history record
information as required under subsections (a.1), (b) and (c.1).
(4) If the arrest or conviction for an offense enumerated
under subsection (e) or (f.1) occurs after the effective date
of this subsection, the current or prospective employe shall
provide the administrator or designee with written notice
utilizing the form provided for in clause (1) not later than
seventy-two (72) hours after an arrest or conviction.
(5) If an administrator or other person responsible for
employment decisions in a school or other institution has a
reasonable belief that a current or prospective employe was
arrested or has a conviction for an offense required to be
reported under clause (2) or (4) and the employe or prospective
employe has not notified the administrator as required under
this section, the administrator or other person responsible for
employment decisions in a school or other institution shall
immediately require the current or prospective employe to submit
to the administrator a current report of criminal history record
information as required under subsections (a.1), (b) and (c.1).
The cost of the criminal background check shall be borne by the
employing entity.

(6) A current or prospective employe who willfully fails

to disclose a conviction or an arrest for an offense enumerated
under this section shall be subject to discipline up to and
including termination or denial of employment and may be subject
to criminal prosecution under 18 Pa.C.S. 4904 (relating to
unsworn falsification to authorities).
((j) amended June 30, 2012, P.L.684, No.82)
(111 amended Dec. 19, 1990, P.L.1362, No.211)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 111(b) and (c), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 112. Report of Racial and Ethnic Groupings.--The
Department of Education shall conduct a thorough review of the
1991-1992 PennData report "Statistical Summary for 1991-1992"
and identify those school districts that have special education
enrollments whose gender and ethnic representation exceeds by
five percent (5%) the gender and ethnic makeup of the student
population for the 1991-1992 school year. The Department of
Education shall report to the Committee on Education in the
Senate and the Committee on Education in the House of
Representatives by October 1993 the findings of the review by
the Department of Education, an outline of what further
investigative steps should be taken, recommendations for
appropriate actions to be taken by the Department of Education
and any technical assistance services to be provided by the
Department of Education to school districts.
(112 added June 7, 1993, P.L.49, No.16)
Section 113. Study of Public Schools that Provide Internet
Instruction.--(a) The Department of Education shall conduct a
study of public schools that provide instruction primarily
through the Internet. The study shall include:
(1) a review of academic accountability methods and systems;
(2) a summary of governance structures, approval processes
and oversight mechanisms of each public school that provides
instruction primarily through the Internet;
(3) an analysis and verification of the actual and
reasonable instructional cost per student for each public school
that provides instruction primarily through the Internet; and
(4) recommendations regarding funding alternatives.
(b) The Department of Education shall prepare a report that
includes its findings and recommendations from the study and
shall provide the report to the chairman and the minority
chairman of the Education Committee of the Senate and the
chairman and minority chairman of the Education Committee of
the House of Representatives by October 30, 2001.
(c) In the event that the report required under subsection
(b) is not provided by October 30, 2001, no school district
shall pay to any public school that provides instruction
primarily through the Internet an amount to exceed two thousand
dollars ($2,000) per resident student enrolled.
(113 added June 22, 2001, P.L.530, No.35)
Section 114. Report of Graduate Rates for Certain Colleges
and Universities.--(a) The Department of Education shall
annually conduct a survey related to completion of undergraduate
degree programs by students who are residents of this
Commonwealth in four-year, public colleges and universities and
in private, not-for-profit colleges and universities in this
Commonwealth. The survey shall include the following information
for each college or university:
(1) the number and percentage of first-time, full-time
students who graduate in four (4) years or less; and

(2) the number and percentage of first-time, full-time

students enrolled in approved five-year programs who graduate
in five (5) years or less.
(b) By January 15, 2003, and each year thereafter, the
department shall publish the results of the survey on its World
Wide Web site and provide a copy to the Governor, the chairman
and minority chairman of the Appropriations Committee of the
Senate, the chairman and minority chairman of the Appropriations
Committee of the House of Representatives, the chairman and
minority chairman of the Education Committee of the Senate and
the chairman and minority chairman of the Education Committee
of the House of Representatives.
(c) The department shall develop guidelines to implement
the requirements of this section.
(114 added June 29, 2002, P.L.524, No.88)
Section 115. Optometric Externs.--(a) Notwithstanding the
provisions of section 6 of the act of June 6, 1980 (P.L.197,
No.57), known as the "Optometric Practice and Licensure Act,"
an optometric extern who is performing procedures and tests for
the sole purpose of clinical instruction and experience under
the direct supervision of a licensed health care professional
in this Commonwealth shall be defined as a student enrolled in
an accredited school or college of optometry in the United
States.
(b) An optometric extern may not independently practice
optometry.
(115 added July 4, 2004, P.L.536, No.70)
Section 116. Technical Assistance and Information Provided
by Department of Education.--(a) A school district or school
identified for warning, school improvement or corrective action
shall be eligible for technical assistance from the Department
of Education.
(b) Within ten (10) days of a request from the board of
school directors of an eligible school district, the Department
of Education shall provide technical assistance to the school
district or any school within the school district identified
for warning, school improvement or corrective action. Such
technical assistance shall include, but shall not be limited
to:
(1) Assistance to analyze data from the Pennsylvania System
of School Assessment test or any other test established by the
State Board of Education for the purpose of assessing student
progress toward or attainment of an academic performance target.
(2) Assistance to identify and implement professional
development and instructional strategies and methods to improve
the academic performance of students in subject areas for which
an academic performance target has been established and has not
been met.
(3) Assistance to analyze the school district's budget or
parts thereof to enable the school district to more effectively
allocate its resources.
(4) Identification, training and assignment of educational
advisors to schools eligible for school improvement or
corrective action.
(5) Identification and implementation of professional
development and instructional strategies and methods to improve
the academic performance of students who are classified as
students with disabilities, as limited English proficient
students or as students who have been enrolled in a school
district for less than two (2) school years.
(c) The Department of Education shall establish a
clearinghouse of information related to specific strategies for

improving the academic performance of students in eligible

school districts. Such clearinghouse shall include best
practices, methods and instructional strategies based on
scientific research, including, but not limited to:
(1) Parental involvement programs and policies.
(2) Classroom instructional strategies.
(3) Curriculum redesign.
(4) School safety.
(5) Tutoring programs.
(d) In order to fulfill its duties under this section, the
Department of Education may, in consultation with a school
district, assign personnel of the Department of Education or
contract with outside providers to ensure that the requirements
of subsection (b) are met.
(e) Nothing contained in this section shall supersede or
preempt any provision of a collective bargaining agreement
between a school district and an employe organization.
(116 added July 14, 2005, P.L.308, No.55)
Section 117. Prohibition of Certain Regulations for the
2008-2009 Fiscal Year.--Notwithstanding any provision of law
to the contrary, in the 2008-2009 fiscal year, a regulation to
change or establish high school graduation requirements shall
not be further promulgated, approved or proposed.
(117 added July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 117, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 118. Collection of Identifying Information of
Students Attending Institutions of Higher Education.--(a) The
following provisions shall apply to the Department of
Education's collection of identifying information of students:
(1) The department may collect identifying information of
students only if:
(i) the department is specifically required to do so under
Federal statute or regulation or under another provision of
this act; or
(ii) the information is voluntarily provided by an
institution of higher education.
((1) amended June 30, 2012, P.L.684, No.82)
(2) To the extent the department may collect identifying
information of a student under clause (1), the following shall
apply:
(i) Before collecting any identifying information from an
institution of higher education, the department shall provide
the institution of higher education with written notice of the
identifying information the department seeks to collect and the
date by which a student who wishes to do so may opt out of the
department's information collection.
(ii) Upon receiving the notice required under subparagraph
(i), the institution of higher education shall provide those
students who are subject to the request for identifying
information with electronic notice of the department's request
and of the students' ability to opt out of the department's
collection of identifying information by the date identified
by the department in subparagraph (i). The notice shall direct
students to an Internet website maintained by the department
which shall contain the following information:
(A) A description of the identifying information the
department seeks to collect.
(B) A statement of the department's legal authority to
collect the identifying information.

(C) A statement informing students that, by the date

identified by the department in subparagraph (i), they may opt
out of the department's collection of identifying information.
(D) An electronic link the student may use to opt out of
the department's collection of identifying information.
(iii) Following the opt-out date identified by the
department in subparagraph (i), the department shall provide
the institution of higher education with a list of those
students who have opted out of the department's collection of
identifying information.
(iv) The institution of higher education may provide the
department with identifying information for only those students
who have not opted out of the department's collection of
identifying information.
(3) Notwithstanding clause (1), the department may collect
student information in an aggregated format that does not reveal
the identifying information of an individual student.
(4) To the extent the Family Educational Rights and Privacy
Act of 1974 (Public Law 90-247, 20 U.S.C. 1232g) or a
successor Federal statute requires an institution of higher
education to obtain a student's written consent to the
disclosure of identifying information, those provisions shall
apply.
(5) An institution of higher education that discloses
identifying information to the department at the department's
request shall not be held liable in any court of law for any
breach of confidentiality pertaining to such identifying
information that resulted from actions of the department or the
department's staff, contractors or researchers, whether paid
or unpaid.
(b) The Secretary of Education shall establish an advisory
committee to offer recommendations to the Department of
Education concerning the department's collection of identifying
information and other data from institutions of higher
education. The following shall apply to the advisory committee
established under this section:
(1) The secretary shall appoint six (6) members to the
advisory committee, including the following:
(i) A representative of a community college operating under
Article XIX-A.
(ii) A representative of the State System of Higher
Education.
(iii) A representative of an institution of higher education
that is designated as "State-related" by the Commonwealth.
(iv) A representative of an accredited private or
independent college or university.
(v) A representative of a private licensed school.
(vi) A representative of the department's information
technology staff.
(2) The advisory committee shall meet at least quarterly
at the call of the secretary or the secretary's designee, who
shall serve as chairperson. The first meeting of the advisory
committee shall occur within sixty (60) days of the effective
date of this section.
(3) Members of the advisory committee shall serve without
compensation.
(c) For purposes of this section, the following words and
phrases shall have the following meanings:
"Identifying information" shall mean any document,
photographic, pictorial or computer image of another person or
any fact used to establish identity, including, but not limited
to, a name, birth date, Social Security number, driver's license

number, nondriver governmental identification number, telephone

number, checking account number, savings account number, student
identification number, employe or payroll number, residence
address, mailing address, e-mail address or electronic
signature.
"Institution of higher education" includes any of the
following:
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University.
(4) The University of Pittsburgh.
(5) Temple University.
(6) Lincoln University.
(7) Any other institution that is designated as
"State-related" by the Commonwealth.
(8) Any accredited private or independent college or
university.
(9) Any private licensed school as defined in the act of
December 15, 1986 (P.L.1585, No.174), known as the "Private
Licensed Schools Act."
"Student" shall mean a person who attends an institution of
higher education, whether enrolled on a full-time, part-time,
credit or noncredit basis.
(118 added June 30, 2011, P.L.112, No.24)
Section 119. Adjustments Based on Consumer Price
Index.--(119 repealed June 30, 2012, P.L.684, No.82)
Compiler's Note:
Section 5 of Act 97 of 2011, which added
section 119, provided that Act 97 shall apply to contracts
and purchases advertised on or after January 1 of the
year following the effective date of section 5.
Section 120. Adjustments Based on Consumer Price
Index.--Adjustments to the base amounts shall be made as
follows:
(1) The Department of Labor and Industry shall determine
the percentage change in the Consumer Price Index for All Urban
Consumers: All Items (CPI-U) for the United States City Average
as published by the United States Department of Labor, Bureau
of Labor Statistics, for the twelve-month period ending
September 30, 2012, and for each successive twelve-month period
thereafter.
(2) If the Department of Labor and Industry determines that
there is no positive percentage change, then no adjustment to
the base amounts shall occur for the relevant time period.
(3) (i) If the Department of Labor and Industry determines
that there is a positive percentage change in the first year
that the determination is made under paragraph (1), the positive
percentage change shall be multiplied by each base amount, and
the products shall be added to the base amounts, respectively,
and the sums shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be rounded to
the nearest one hundred dollars ($100) to determine the final
adjusted base amounts.
(4) In each successive year in which there is a positive
percentage change in the CPI-U for the United States City
Average, the positive percentage change shall be multiplied by
the most recent preliminary adjusted amounts, and the products
shall be added to the preliminary adjusted amount of the prior
year to calculate the preliminary adjusted amounts for the
current year. The sums thereof shall be rounded to the nearest

one hundred dollars ($100) to determine the new final adjusted

base amounts.
(5) The determinations and adjustments required under this
section shall be made in the period between October 1 and
November 15, 2012, and annually between October 1 and November
15 of each year thereafter.
(6) The final adjusted base amounts and new final adjusted
base amounts obtained under paragraphs (3) and (4) shall become
effective January 1 for the calendar year following the year
in which the determination required under paragraph (1) is made.
(7) The Department of Labor and Industry shall publish
notice in the Pennsylvania Bulletin prior to January 1 of each
calendar year of the annual percentage change determined under
paragraph (1) and the unadjusted or final adjusted base amounts
determined under paragraphs (3) and (4) at which competitive
bidding is required and written or telephonic price quotations
are required, respectively, for the calendar year beginning the
first day of January after publication of the notice. The notice
shall include a written and illustrative explanation of the
calculations performed by the Department of Labor and Industry
in establishing the unadjusted or final adjusted base amounts
under this section for the ensuing calendar year.
(8) The annual increase in the preliminary adjusted base
amounts obtained under paragraphs (3) and (4) shall not exceed
three percent (3%).
(120 added June 30, 2012, P.L.684, No.82)
Section 121. Keystone Exams.--Subject to annual
appropriation, not later than the 2020-2021 school year, the
Department of Education shall develop and implement Keystone
Exams in the following subjects: algebra I, literature, biology,
English composition, algebra II, geometry, United States
history, chemistry, civics and government and world history.
The State Board of Education shall promulgate regulations,
subject to the act of June 25, 1982 (P.L.633, No.181), known
as the "Regulatory Review Act," necessary to implement this
section.
(121 added June 30, 2012, P.L.684, No.82)
Section 122. Special Education Funding Commission.--(a)
There is hereby established a Special Education Funding
Commission.
(b) The Special Education Funding Commission shall review
and make recommendations related to special education funding
as provided in this section.
(c) (1) The commission shall consist of the following
members:
(i) The chair and minority chair of the Education Committee
of the Senate and the chair and minority chair of the Education
Committee of the House of Representatives, or their designees.
(ii) Two (2) legislators from each of the four (4)
legislative caucuses, to be appointed by the President pro
tempore of the Senate and the Speaker of the House of
Representatives in consultation with the Majority and Minority
Leaders of the Senate and the Majority and Minority Leaders of
the House of Representatives.
(iii) The Secretary of Education or a designee.
(iv) The Secretary of the Budget or a designee.
(v) The Deputy Secretary for Elementary and Secondary
Education or a designee.
(2) The commission shall appoint a member to serve as chair
of the commission.
(d) The commission shall hold its first meeting within
thirty (30) days of the effective date of this section,

regardless of whether the Governor or all legislative caucuses

have actually approved members to the commission.
(e) The commission shall hold meetings at the call of the
chair.
(f) The members may not receive compensation for their
services but shall be reimbursed for all necessary travel and
other reasonable expenses incurred in connection with the
performance of their duties as members of the commission.
(g) The General Assembly shall provide administrative
support, meeting space and any other assistance required by the
commission to carry out its duties under this section in
cooperation with the department. The department shall provide
the commission with data, research and other information upon
request by the commission.
(h) The commission shall develop a special education formula
and identify factors that may be used to determine the
distribution of a change in special education funding among the
school districts in this Commonwealth.
(i) The commission shall have all of the following powers
and duties:
(1) Review and make findings and recommendations related
to special education funding in this Commonwealth.
(2) Consult with and utilize experts to assist in carrying
out the duties under this subsection.
(3) Receive input from interested parties, including, but
not limited to, charter and cyber charter school operators, and
gather information on the identification of children as eligible
students by charter and cyber charter schools. The commission
shall also receive input and gather information on charter and
cyber charter school funding reimbursements regarding eligible
students. The commission shall draft proposed regulations and
proposed legislation based on its findings.
(4) Hold public hearings in different regions of this
Commonwealth.
(5) Issue a report of its findings and recommendations to
the Governor, the President pro tempore of the Senate, the
Majority Leader and Minority Leader of the Senate, the Education
Committee of the Senate, the Speaker of the House of
Representatives, the Majority Leader and Minority Leader of the
House of Representatives, the Education Committee of the House
of Representatives, the Secretary of Education and the State
Board of Education not later than November 30, 2013. ((5)
amended July 9, 2013, P.L. , No.59)
(6) Determine the factors under this paragraph that may
include all of the following:
(i) Three (3) cost categories of eligible students,
established so that students with disabilities typically
requiring the least intensive range of services would comprise
Cost Category 1, students with disabilities typically requiring
a middle range of services would comprise Cost Category 2 and
students with disabilities typically requiring the most
intensive range of services would comprise Cost Category 3. The
commission shall determine a description of and parameters for
each of the three (3) cost categories.
(ii) A student count for each school district averaged for
each of the three (3) most recent years for each cost category
of eligible students. For Cost Category 3, the number of
eligible students residing or enrolled in the school district
and classified in Cost Category 3 shall be calculated in a
manner that limits the potential incentive for school districts
to overidentify, except for the number of eligible students who
are placed by the school district and served in public or

private separate schools, residential placements or homebound

or hospital placements.
(iii) A weighting factor that differs for each of the three
(3) cost categories of students with disabilities based on the
typical range of services for each cost category.
(iv) Adjustments for any of the following:
(A) The market value/personal income aid ratio averaged for
each of the three (3) most recent years for each school
district.
(B) The equalized millage rate averaged for each of the
three (3) most recent years for each school district.
(C) Geographic price differences identified for each school
district.
(v) A proportional system for distributing the changes in
special education funding among the school districts, based on
factors listed in this section.
(vi) Development and implementation by the department of
improved systems for collecting and documenting student
enrollment and membership in public schools, including revised
methods for calculating average daily membership.
(vii) Other factors related to the distribution of special
education funding.
(7) Review and consider special education funding factors
utilized throughout the United States.
(8) In developing the special education funding factors
under subsection (h) and in completing the report required under
this subsection, consider the impact these factors may have on
the distribution of special education funding among the school
districts.
(9) Review the administration of State and regional special
education programs and services to determine if cost savings
may be achieved and make recommendations to implement the
savings.
(10) Consult with and utilize experts to assist the
commission in carrying out the duties under this subsection.
(11) Prior to recommending a special education formula under
this section, consider nationally accepted accounting and
budgeting standards.
(j) The special education formula developed by the
commission shall not go into effect unless the formula is
approved by an act of the General Assembly enacted after the
effective date of this section.
(k) Every five (5) years the commission shall be
reconstituted in accordance with subsection (c) and shall meet
and hold public hearings to review the operation of the special
education funding provisions of this section, shall make a
further report and shall issue the report to the recipients
listed in subsection (i)(5). When in receipt of a further report
recommending changes to the special education funding formula,
the General Assembly shall consider and take action to enact
the formula into law in accordance with subsection (j).
(l) The General Assembly shall, through the annual
appropriations process, determine the level of State funding
for special education and the amount of any change in funding.
The special education formula developed under this section shall
determine only the distribution of any increase in special
education funding among the school districts of this
Commonwealth above the amount of special education funding in
the base year and shall not be used for any other purpose.
(m) Notwithstanding any provision of law to the contrary,
for the 2013-2014 school year and each school year thereafter,
any State funding for special education in an amount that does

not exceed the amount of State funding for special education

in the base year shall be allocated in the same manner as the
State funding was allocated in the base year.
(n) 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:
"Base year." Fiscal year 2010-2011.
"Commission." The Special Education Funding Commission
established under this section.
"Department." The Department of Education of the
Commonwealth.
(122 added Apr. 25, 2013, P.L.12, No.3)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 4 of Act 3 of 2013 provided that
the Secretary of Education shall propose regulations for
promulgation by the State Board of Education which
implement section 122.
Section 123. Basic Education Funding Commission.--(a) There
is hereby established a Basic Education Funding Commission.
(b) The commission shall review and make recommendations
related to basic education funding as provided in this section.
(c) (1) The commission shall consist of the following
members:
(i) The chair and minority chair of the Education Committee
of the Senate and the chair and minority chair of the Education
Committee of the House of Representatives or their designees.
(ii) Two (2) legislators from each of the four (4)
legislative caucuses, to be appointed by the President pro
tempore of the Senate and the Speaker of the House of
Representatives, in consultation with the Majority Leader and
Minority Leader of the Senate and the Majority Leader and
Minority Leader of the House of Representatives.
(iii) The Secretary of Education or a designee.
(iv) The Deputy Secretary for Elementary and Secondary
Education or a designee.
(v) An individual appointed by the Governor from within the
Governor's Administration.
(2) The commission shall appoint a member to serve as chair
of the commission.
(d) The commission shall hold its first meeting within
forty-five (45) days of the effective date of this section,
regardless of whether the Governor or all legislative caucuses
have actually approved members to the commission.
(e) The commission shall hold meetings at the call of the
chair.
(f) The members may not receive compensation for their
services but shall be reimbursed for all necessary travel and
other reasonable expenses incurred in connection with the
performance of their duties as members of the commission.
(g) The General Assembly shall provide administrative
support, meeting space and any other assistance required by the
commission to carry out its duties under this section in
cooperation with the department. The department shall provide
the commission with data, research and other information upon
request by the commission.
(h) The commission shall develop a basic education funding
formula and identify factors that may be used to determine the
distribution of basic education funding among the school

districts in this Commonwealth. The factors identified under

this subsection may include all of the following:
(1) The market value/personal income aid ratio averaged for
each of the three (3) most recent years for each school
district.
(2) The equalized millage rate averaged for each of the
three (3) most recent years for each school district.
(3) Geographic price differences identified for each school
district.
(4) Whether a school district has experienced exceptionally
high enrollment growth.
(5) Whether a school district has an exceptionally high
level of local support.
(6) Whether a school district has a high level of its
students in poverty as identified as eligible for free or
reduced price meals under the National School Lunch Program.
(7) Whether a school district has students identified as
limited English proficient.
(8) Whether the district has a scarce or dense population
in relation to the district size.
(9) Other factors related to the distribution of basic
education funding.
(i) The commission shall have all of the following powers
and duties:
(1) Review and make findings and recommendations related
to basic education funding in this Commonwealth.
(2) Consult with and utilize experts to assist the
commission in carrying out the duties under this subsection.
(3) Receive input from interested parties, including, but
not limited to, school districts and charter and cyber charter
school operators.
(4) Hold public hearings in different regions of this
Commonwealth.
(5) Review and consider basic education funding formulas
and factors utilized throughout the United States.
(6) In identifying the basic education funding factors under
subsection (h) and in completing the report required under this
subsection, consider the impact these factors may have on the
distribution of basic education funding among the school
districts.
(7) Review the administration of State and regional basic
education programs and services to determine if cost savings
may be achieved and make recommendations to implement the
savings.
(8) Prior to recommending a basic education funding formula
under this section, consider the potential consequences of a
basic education funding formula that does not allocate to each
school district at least the same level or proportion of State
basic education funding as the school district received in the
prior school year.
(9) Prior to recommending a basic education funding formula
under this section, consider nationally accepted accounting and
budgeting standards.
(10) Develop a proposed basic education funding formula and
factors pursuant to subsection (h).
(11) Draft proposed regulations and proposed legislation
based on the commission's findings.
(12) Issue a report of the commission's findings and
recommendations to the Governor, the President pro tempore of
the Senate, the Majority Leader and Minority Leader of the
Senate, the Education Committee of the Senate, the Speaker of
the House of Representatives, the Majority Leader and Minority

Leader of the House of Representatives, the Education Committee

of the House of Representatives, the Secretary of Education and
the State Board of Education not later than one (1) year after
the effective date of this section.
(j) The basic education formula developed by the commission
shall not go into effect unless the formula is approved by an
act of the General Assembly enacted after the effective date
of this section.
(k) Every five (5) years, the commission shall be
reconstituted in accordance with subsection (c), shall meet and
hold public hearings to review the operation of the basic
education funding provisions of this section, shall make a
further report and shall issue the report to the recipients
listed in subsection (i)(12).
(l) The General Assembly shall, through the annual
appropriations process, determine the level of State funding
for basic education.
(m) 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:
"Commission." The Basic Education Funding Commission
established under this section.
"Department." The Department of Education of the
Commonwealth.
(123 added June 10, 2014, P.L.675, No.51)
ARTICLE II.
SCHOOL DISTRICTS.
(a)

Designation and Classification.

Section 201. How Constituted.--All school districts shall

remain as now constituted until changed as authorized by this
act. Except as otherwise now or hereafter constituted, each
city, incorporated town, borough, or township in this
Commonwealth, now existing or hereafter created, shall
constitute a separate school district, to be designated and
known as the "School District of ...........................:"
Provided, That where any city, incorporated town, borough, or
township, or a part of the school district remaining after its
separation would constitute a third or fourth class school
district, it shall remain a part of the school district to which
it formerly belonged until the change to a new school district
is approved by the Council of Basic Education, as hereinafter
provided.
(201 amended Oct. 21, 1965, P.L.601, No.312)
Section 202. Classification.--The several school districts
of the Commonwealth are hereby divided into five classes, as
follows:
Each school district having a population of one million
(1,000,000), or more, shall be a school district of the first
class;
Each school district having a population of two hundred fifty
thousand (250,000), or more, but of less than one million
(1,000,000), shall be a school district of the first class A;
Each school district having a population of thirty thousand
(30,000), or more, but of less than two hundred fifty thousand
(250,000), shall be a school district of the second class;
Each school district having a population of five thousand
(5,000), or more, but of less than thirty thousand (30,000),
shall be a school district of the third class.

Each school district having a population of less than five

thousand (5,000) shall be a school district of the fourth class.
(202 amended June 22, 2001, P.L.530, No.35)
Section 203. Creation of New Cities, Boroughs, and
Townships.--When a new school district is formed by the creation
of a new city, borough, or township, the court of common pleas
having jurisdiction shall determine and enter in its decree the
class of school districts to which such new district, if formed,
shall belong, and if of the first, first class A, or second
class, it shall thereupon become a new school district of such
class. If the newly created city, borough, or township would
constitute a school district of the fourth class, the court of
common pleas having jurisdiction shall so certify and a new
school district shall be formed only if and when it is approved
by the Council of Basic Education as hereinafter provided.
(203 amended Oct. 21, 1965, P.L.601, No.312)
Section 204. Basis for and Change of Classification.--Except
as provided in clause (2) of this section, the last United
States census, as set forth in the official report thereof,
shall be the basis on which the population of the several school
districts shall be computed. A change from one class of school
district to another shall be made in the following cases, and
in no other:--(Par. amended July 3, 1957, P.L.455, No.253)
(1) After the taking of a United States census showing the
population of any school district to be such as to entitle it
to be changed from one class of school district to another;
(2) When a district, which at a decennial census, had
sufficient population to entitle it to an advance to another
class of district, has since suffered a large decrease in
population, or which at a decennial census did not have
sufficient population to entitle it to an advance to another
class of district and has since increased in population, a
census of the district may be authorized by the board of school
directors of the district, and, if it shall appear that said
district has not the required population to remain in the class
in which the same then is or if it shall appear that the
district has sufficient population to entitle it to advance to
another class of district, the Superintendent of Public
Instruction, on the request of the board of school directors
and upon receipt of the facts disclosed by said census, may
issue his proclamation declaring such district to be of the
class to which it properly belongs, as disclosed by the census
of the school board. ((2) amended Aug. 11, 1959, P.L.667,
No.217)
(3) Where the population of two districts combined
subsequent to the taking of a United States census and
ascertained by such census is such as to entitle the new or
combined district to be in a class different from the class of
either of the districts so combined;
(4) Where, since the last preceding United States census,
any territory has been annexed to any city, borough, town, or
township, whereby the population of such city, borough, town,
or township has been increased, and the population of such
annexed territory cannot be ascertained from the last preceding
census of the United States, the directors of the school
districts affected by such annexation may apply to the court
of common pleas for the appointment of a commissioner to make
an enumeration of the population of such annexed territory. The
court shall certify the population of the annexed territory so
ascertained, together with the population of the city, borough,
town, or township, as shown by the last preceding United States
census, to the Superintendent of Public Instruction. The cost

of the proceeding, including reasonable compensation for the

commissioner, to be fixed by the court, shall be paid by the
school district.
Section 205. Change of Class; How Effected.--Whenever it
shall appear, in any case hereinafter enumerated, that the
population of any school district in this Commonwealth is such
that it should be included in another class of school districts,
the Superintendent of Public Instruction shall issue a
certificate to said school district to that effect, and such
school district shall, with the beginning of the next school
year after said certificate has been issued, become a school
district of the class to which it properly belongs. The
provisions of this section shall apply when:-(1) The Superintendent of Public Instruction, after the
taking of each United States census, has canvassed the same,
so far as it relates to the population of the several school
districts, which he is hereby required to do;
(2) Territory comprising a separate school district is
annexed to a city, borough, or township, and the decree of the
court or the vote of the electors effecting such annexation has
been certified to the Superintendent of Public Instruction;
(3) Territory has been annexed to a city, borough, town,
or township, and enumeration of the population of such annexed
territory has been made.
(b)

Powers and Duties, etc.

Section 211. General Powers of Districts.--The several

school districts in this Commonwealth shall be, and hereby are
vested as, bodies corporate, with all necessary powers to enable
them to carry out the provisions of this act.
Section 212. Corporate Seal.--Each school district in this
Commonwealth may, by a majority vote of the members of the board
of school directors of such district, adopt a corporate seal
for the use of said district. The seal shall have engraved
thereon the following: "School District of
........................, Pennsylvania," and such other
inscription or design as the board of school directors may
direct.
Section 213. Right to Sue and be Sued.--Each school district
shall have the right to sue and be sued in its corporate name.
Any legal process against any school district shall be served
on the president or secretary of its board of school directors.
Section 214. Competency as Witnesses.--No person, on account
of being a taxpayer or resident in any school district, shall,
by reason thereof, be incompetent to testify in any suit or
action in which such school district is a party.
Section 215. Conveyances by Districts.--Any deed for school
property, properly executed and delivered in the name of any
school district as established by this act, shall convey to the
grantee the entire interest of the grantor in such property,
irrespective of the manner or name in which said property was
conveyed to or acquired by, or is held by, the school district
conveying the same.
Section 216. Gifts to Districts; Investment
Accounts.--(a) It shall be lawful for any school district to
receive and hold, absolutely or in trust, any devise, bequest,
grant, endowment, gift, or donation of any property, real or
personal, which shall be made to said school district or for
any of the purposes of this act. Any such devise, bequest,
grant, endowment, gift, or donation shall be administered by
or under the direction of the board of directors of the district

to which it is made, subject to all the conditions and trusts

thereto annexed. The board of school directors shall not be
obliged to accept any such devise, bequest, grant, endowment,
gift, or donation unless it deems it proper so to do.
(b) The board of school directors shall promptly invest,
and keep invested as constantly as possible and to the best
advantage, any devise, bequest, grant, endowment, gift, or
donation accepted, and the proceeds thereof. Such investment
may be made in obligations declared to be legal investments in
the act of May twenty-six, one thousand nine hundred forty-nine
(Pamphlet Laws 1828), known as the "Fiduciaries Investment Act
of 1949." ((b) amended Sept. 27, 1955, P.L.649, No.172)
(c) It shall be the duty of the board of school directors
to keep an accurate account of all devises, bequests, grants,
endowments, gifts, and donations accepted, the income arising
therefrom, the proceeds thereof, and the expenses of
administering the same; and at the end of each fiscal year to
render a detailed statement of such devises, bequests, grants,
endowments, gifts, and donations, held and possessed by such
school district, the proceeds thereof, the investments which
have been made therewith, the income arising therefrom, the
expenses of administration, and the purposes to which the income
arising therefrom have been applied. Such statement shall be
audited as hereinafter provided for the auditing of school
finances.
Section 217. Unlawful Gifts.--It shall be unlawful for any
member of or any board of school directors to demand, request,
or accept, directly or indirectly, any gift or donation from
any teacher or supervisor within its employ.
Section 218. Reports to Department of Education.--(a) An
annual financial report shall be submitted to the Secretary of
Education by each school district, charter school, cyber charter
school and area vocational-technical school not later than the
31st day of October. All financial accounting and reporting by
school districts, charter schools, cyber charter schools and
area vocational-technical schools to the Department of Education
shall be in accordance with generally accepted accounting and
reporting standards, except that management discussion and
analysis and related notes and the following financial
statements shall not be required components of the annual
financial report: entity-wide financial statements, including
the statement of activities and the statement of net assets;
the reconciliation of the balance sheet - governmental funds
to statement of net assets; and the reconciliation of the
statement of revenues, expenditures and changes in fund balances
- governmental funds to statement of activities. The Department
of Education shall establish a reporting standard for the annual
financial report.
(b) The chief school administrator and board secretary of
a school district, charter school, cyber charter school or area
vocational-technical school shall submit a signed statement to
the Department of Education not later than the 31st day of
December of each year certifying that: the audited financial
statements of the school district, charter school, cyber charter
school or area vocational-technical school have been properly
audited pursuant to Article XXIV and that in the independent
auditor's professional opinion, the financial information
submitted in the annual financial report was materially
consistent with the audited financial statements.
(c) If the financial information submitted in the annual
financial report was not materially consistent with the audited
financial statements, the school district, charter school, cyber

charter school or area vocational-technical school shall submit

a revised annual financial report to the Department of Education
not later than the 31st day of December.
(d) The Department of Education shall order the forfeiture
penalties provided for under section 2552.1(a.1) against a
school district, charter school, cyber charter school or area
vocational-technical school for failure to timely submit an
annual financial report or revised annual financial report.
(218 amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 218, provided that any regulations that
are inconsistent with Act 104 are hereby abrogated to
the extent of the inconsistency.
Section 219. National Assessment Tests.--A school district
selected to participate in a national assessment of public
school students' education progress authorized by the Federal
Department of Education shall administer the assessment.
(219 added June 22, 2001, P.L.530, No.35)
Section 220. State Report Card.--(a) The department shall
create a State Report Card based on the information collected
pursuant to this section. The department:
(1) Shall inform the public of the availability of the State
Report Card prior to publication.
(2) Shall publish on its World Wide Web site the State
Report Card, providing information at the State, local education
agency and school levels. The State Report Card shall include
all of the following:
(i) Information regarding the number of schools and school
districts that have achieved adequate yearly progress and the
number of schools and school districts that have not achieved
adequate yearly progress.
(ii) Information regarding the number of schools and school
districts that have achieved each academic performance target
and the number of schools and school districts that have not
achieved each academic performance target.
(iii) Information regarding the number of schools and school
districts in which more than five percent (5%) of the students
to whom the PSSA test was administered were enrolled in the
school district for less than two (2) school years as of the
day on which the PSSA test was administered.
(iv) Information regarding the number of schools and school
districts identified under subparagraph (iii) that have achieved
each academic performance target and the number of schools and
school districts that have not achieved each academic
performance target. For the purposes of this subparagraph,
achievement of the academic performance target shall be
calculated by excluding the PSSA test score of any student who
was enrolled in the school district for less than two (2) school
years as of the day on which the PSSA test was administered.
(v) Information regarding the number of schools and school
districts in which more than five percent (5%) of the students
to whom the PSSA test was administered were classified as
limited English proficient as of the day on which the PSSA test
was administered.
(vi) Information regarding the number of schools and school
districts identified under subparagraph (v) that have achieved
each academic performance target and the number of schools and
school districts that have not achieved each academic
performance target. For the purposes of this subparagraph,
achievement of the academic performance target shall be
calculated by excluding the PSSA test score of any student who

was classified as limited English proficient as of the day on

which the PSSA test was administered.
(vii) Information regarding the number of schools and school
districts in which more than sixteen percent (16%) of the
students to whom the PSSA test was administered were classified
as students with a disability as of the day on which the PSSA
test was administered.
(viii) Information regarding the number of schools and
school districts identified under subparagraph (vii) that have
achieved each academic performance target and the number of
schools and school districts that have not achieved each
academic performance target. For the purposes of this
subparagraph, achievement of the academic performance target
shall be calculated by excluding the PSSA test score of any
student who was classified as a student with a disability as
of the day on which the PSSA test was administered.
(3) Shall issue guidelines concerning the collection and
submission of data as necessary to ensure continued compliance
with Federal and State laws, regulations and standards.
(4) May conduct audits of the data submitted by local
education agencies under subsection (b) for the purpose of
assuring accuracy and completeness. If the department determines
to conduct audits under this paragraph, the department shall
issue guidelines for the conduct of such audits, including the
percentage of local education agencies to be audited on a yearly
basis. In conducting such audits, the department shall
coordinate with the Department of the Auditor General. Nothing
in this section shall be construed to expand the auditing
authority of the Auditor General.
(b) A local education agency shall do all of the following:
(1) Collect data and submit it in a form and manner
prescribed by the department. The data shall include:
(i) The information described in section 1111(h)(1)(C) of
the No Child Left Behind Act of 2001 as applied to the local
education agency as a whole and to each of its schools.
(ii) The information described in section 1111(h)(2)(B)(i)
and (ii) of the No Child Left Behind Act of 2001.
(iii) Any other information required to comply with the No
Child Left Behind Act of 2001.
(iv) Any information described in 22 Pa. Code 4.61
(relating to school profiles) that is not included under
subparagraph (i), (ii) or (iii).
(v) Information on the number of students to whom the PSSA
test was administered who were enrolled in the school district
for less than two (2) school years as of the day on which the
PSSA test was administered.
(vi) Information on the number of students to whom the PSSA
test was administered who were classified as limited English
proficient as of the day on which the PSSA test was
administered.
(vii) Information on the number of students to whom the
PSSA test was administered who were classified as students with
a disability as of the day on which the PSSA test was
administered.
(2) Disseminate the information collected in paragraph (1)
in accordance with the public dissemination requirements of
section 1111(h)(2)(E) of the No Child Left Behind Act of 2001.
Nothing in this section shall excuse a local education agency
from complying with the requirements of the No Child Left Behind
Act of 2001 not specifically referenced in this section.

(c) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this
subsection:
"Department." The Department of Education of the
Commonwealth.
"Local education agency." A school district, cyber charter
school, charter school, area vocational-technical school or
intermediate unit.
(220 amended July 7, 2006, P.L.611, No.94)
Compiler's Note: Section 4 of Act 153 of 2002, which added
section 220, provided that the purpose of section 220
is to provide the taxpayers and the parents of students
in this Commonwealth with information related to the
performance of school districts, intermediate units,
area vocational-technical schools, charter schools and
cyber charter schools; to assist taxpayers and parents
in making informed decisions about the performance of
those school entities; and to hold those school entities
accountable to high academic standards.
Section 221. Value-added Assessment System.--(a) Beginning
on the effective date of this section, the Department of
Education shall make available on its publicly accessible
Internet website the following:
(1) Value-added assessment system data for the school
district level and the school level. The Department of
Education's disclosure of value-added assessment system data
shall be subject to the Family Educational Rights and Privacy
Act of 1974 (Public Law 90-247, 20 U.S.C. 1232g) or a
successor Federal statute.
(2) Instructions that may assist the public in understanding
and interpreting the data provided under paragraph (1).
(b) For purposes of this section:
"Value-added assessment system" shall mean a statistical
analysis of results on the Pennsylvania System of School
Assessment test or any other test established by the State Board
of Education to meet the requirements of section
2603-B(d)(10)(i) pursuant to 22 Pa. Code 403.3 (relating to
single accountability system) that uses measures of student
learning to enable the estimation of school or school district
statistical distributions.
(221 added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 221, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 221.1. Moratorium on Certain Data Collection Systems
and Data Sets.--(a) For the school years 2011-2012 and
2012-2013, the Department of Education and the Department of
Public Welfare shall suspend the collection of data through
Pennsylvania's Enterprise to Link Information for Children
Across Network (PELICAN) and the Pennsylvania Information
Management System (PIMS) except as follows:
(1) Information required to meet Federal mandates in the
following:
(i) The Elementary and Secondary Education Act of 1965
(Public Law 89-10, 20 U.S.C. 6301 et seq.).
(ii) The Individuals with Disabilities Education Act (Public
Law 91-230, 20 U.S.C. 1400 et seq.).
(iii) The Educational Technical Assistance Act of 2002
(Public Law 107-279, 116 Stat. 1975).

(iv) Title VI of the America COMPETES Act or the America

Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act (Public Law 110-69, 121
Stat. 572).
(v) The American Recovery and Reinvestment Act of 2009
(Public Law 111-5, 123 Stat. 115).
(vi) The Head Start Act (Public Law 97-35, 42 U.S.C. 9831
et seq.).
(vii) The Child Care and Development Block Grant Act of
1990 (Public Law 101-508, 42 U.S.C. 9858 et seq.).
(viii) The Social Security Act (49 Stat. 620, 42 U.S.C.
301 et seq.).
(ix) Any data pursuant to other Federal requirements and
to meet eligibility requirements for Federal funds.
(2) Pennsylvania Value-Added Assessment System (PVAAS),
including any revisions or improvements made to the system.
(3) Information required by the Department of Public Welfare
to supervise, license or register a child-care provider under
Articles IX and X of the act of June 13, 1967 (P.L.31, No.21),
known as the "Public Welfare Code."
(4) Information relating to background checks required in
section 111 and in 23 Pa.C.S. 6344 (relating to information
relating to prospective child-care personnel) and 6344.1
(relating to information relating to family day-care home
residents).
(5) Information necessary for all payments or reimbursement
by the Commonwealth.
(6) Information required to be reported pursuant to Article
XIII-A of this act.
(7) Information which is voluntarily provided by an
institution of higher education.
((a) amended June 30, 2012, P.L.684, No.82)
(b) The Department of Education and the Department of Public
Welfare shall notify their affected program participants no
later than August 1, 2011, of the data elements required to
comply with the laws and programs identified in subsection (a).
(c) By February 1, 2012, the Department of Education and
the Department of Public Welfare shall provide a report to the
Education Committee of the Senate, the Public Health and Welfare
Committee of the Senate, the Education Committee of the House
of Representatives and the Children and Youth Committee of the
House of Representatives which shall include the following:
(1) Category of the data to include the child, family,
program and staff.
(2) Data elements to be collected and the law requiring the
data and its intended use.
(3) Total funding expended as of December 2011, including
funding source to develop, implement and maintain the system.
(4) Long-term cost projections to administer and maintain
the information systems. The projections shall include costs
to the Commonwealth and the program participants.
(5) Any law needed to authorize the departments to collect,
use and distribute the information.
(d) The Department of Education and the Department of Public
Welfare shall not be required to complete reports that include
data elements within the moratorium of this section.
(221.1 added June 30, 2011, P.L.112, No.24)
Section 222. Drop-out Data Collection.--(a) The department
shall have the following powers and duties:
(1) To report the graduation rates and drop-out rates in
this Commonwealth.

(2) To implement and maintain a data collection and

reporting system that accounts for all students and calculates
graduation rates and drop-out rates in all school entities in
accordance with Federal regulations or guidelines. The
department may comply with this section by modifying a currently
existing data collection and reporting system to provide the
information required under subsection (b).
(3) To require school entities to report student graduation
and drop-out data to the department using the department's data
collection system.
(b) (1) Beginning in the 2011-2012 school year and in each
school year thereafter, the department shall annually prepare
a report and provide a copy of the report to the Education
Committee of the Senate and the Education Committee of the House
of Representatives and shall post a copy of the report on the
department's publicly accessible Internet website by December
1 of each year. The report shall contain, at a minimum, the
following:
(i) All drop-out rates and graduation rates reported by
school entities, including school-level data, disaggregated by
the factors used to identify an at-risk student and the
following classifications:
(A) Limited English proficiency.
(B) Low income.
(C) Special education.
(D) Gifted education.
(E) Race or ethnicity.
(F) Gender.
(G) School entity.
(H) Geographic area.
(ii) Highest grade level completed and age prior to dropping
out.
(2) School entities shall use the definitions and formulas
established by the department if no Federal statute, regulation
or guideline exists when reporting the graduation rates and
drop-out rates to the department. School entities shall report
these rates annually in a manner required by the department.
(3) The department may develop any guidelines or standards
necessary to implement the requirements of this section.
(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 public school district, charter school,
cyber charter school or area vocational-technical school.
(222 added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 222, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 223. Certified Safety Committees.--(a) The board
of directors of each school district shall take such steps as
necessary in order to have or maintain a certified safety
committee by June 30, 2011, or the effective date of this
section, whichever occurs later, for the purposes of section
1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as
the "Workers' Compensation Act."
(b) The Department of Labor and Industry shall provide the
Department of Education with the list of school districts that
have certified safety committees.

(c) In the case of a school district that does not submit

evidence to the Department of Education that complies with this
section, the Department of Education shall deduct from any
allocation from the Commonwealth to which the school district
is entitled the amount of the discount the school district would
otherwise receive under section 1002(b) of the "Workers'
Compensation Act."
(d) This section shall not apply to a school district that
cannot receive a premium discount under section 1002(b) of the
"Workers' Compensation Act," or an equivalent reduction in
contribution rates, by establishing and maintaining a certified
safety committee because it is authorized to self-insure its
liabilities under section 305 of the "Workers' Compensation
Act" or pool its liabilities under section 802 of the "Workers'
Compensation Act."
(223 added June 30, 2011, P.L.112, No.24)
(c)

Changes in District.

Section 224. Combination of School Districts.--Any two or

more school districts or administrative units may combine to
create a larger school district. The board of school directors
of each school district desiring to form such a combination
shall, by a majority vote, adopt a resolution outlining the
areas to be combined and file an application for approval with
the Superintendent of Public Instruction. The Superintendent
of Public Instruction shall place on the agenda of the State
Board of Education each such application for its consideration.
The State Board of Education shall review each application
upon its agenda and approve such applications as it deems wise
in the best interest of the educational system of the
Commonwealth.
The State Board may continue the application on its agenda
and may permit any school district or interested party,
aggrieved by the petition, to file its objection. Such objection
shall set forth the basis for and facts of aggrievement.
If an application is not approved it shall be returned to
the applying districts for resubmission in accordance with such
recommendations as may be attached thereto.
When an application receives approval, the State Board of
Education shall direct the Superintendent of Public Instruction
to issue a certificate creating the new school district, listing
the name, constituting components, classification and effective
date of operation.
(224 added Dec. 7, 1965, P.L.1034, No.385)
Section 225. Property and Indebtedness and Rental
Obligations of Former Component School Districts.--All real and
personal property, indebtedness and rental obligations to an
approved building authority or nonprofit corporation, if any,
of former school districts forming a new school district,
constituted after July 1, 1966, shall become the property,
indebtedness, and rental obligations of such newly constituted
school district. All rights of creditors against any of the
component former school districts shall be preserved against
the new school district. All property theretofore vested in the
component former school districts, and all debts and taxes owing
to the component former school districts, uncollected in the
several component former school districts, and all moneys in
the treasuries of the component former school districts, shall
be paid to the treasurer of the newly constituted school
district.
(225 added Dec. 7, 1965, P.L.1034, No.385)

Section 226. Change in Districts; When Effective.--If any

new school district is made by the creation of any city,
borough, township, or independent school district, or by the
annexation of territory comprising a separate school district
to a city, or borough, or township, or if the boundary lines
of any school district are changed, by reason of the changing
of the boundary lines of any city, incorporated town, borough,
township, or independent school district, then, in any such
case, the change, so far as it relates to school districts or
school affairs, shall take effect at the beginning of the first
school year after such new city, borough, township or
independent school district has been created, or such annexation
effected, or such change in boundary lines permanently effected.
Section 227. Filing Copy of Action Creating New District,
or Affecting Fourth Class District, with Superintendent of
Public Instruction.--Whenever a new school district is created
by the creation of a new city, borough, township, or independent
school district, or by the consolidation of two or more
districts as a union district, or an existing school district
of the third or fourth class is affected by the annexation to
a city, or borough, or township, of territory included within
a school district of the third or fourth class, the clerk of
the courts or other proper officer shall, within ten days
thereafter, make a certified copy of the petition therefor,
agreement, or ordinance, and the decree or order creating such
new city, borough, township, or independent school district,
or union school district, or of the decree of the court or vote
of the electors affecting such annexation, and mail the same
to the Superintendent of Public Instruction, Department of
Public Instruction, Harrisburg, Pennsylvania.
(227 amended May 11, 1949, P.L.1089, No.320)
Section 228. Approval or Disapproval of Creation or Change
of Third or Fourth Class Districts.--(a) If the newly created
city, borough, or township, or independent school district, or
union school district, or the part of a school district
remaining after the separation would constitute a school
district of the third or fourth class, the receipt of said
certified copy shall be deemed an application for the creation
of a new school district of the third or fourth class or change
in the boundaries of an existing school district of the third
or fourth class, and the Superintendent of Public Instruction
shall, within sixty days thereafter, notify the school
districts, which will be affected that an application has been
received and that a time and place for hearing the application
will be determined upon receipt of request from any such
district. If no such request is filed within thirty days, the
Department of Public Instruction may certify approval of the
application without a hearing. At the hearing, if one is
requested, the proper officials of or the counsel for the
districts shall present to the council, or its designated
representative, the reasons for approval or disapproval of the
application, and the council shall then determine whether such
new school district, or independent school district, or union
school district, or change in the boundaries of an existing
school district of the third or fourth class, is desirable, and
whether the welfare of the pupils within the territory affected
thereby will be promoted by the creation of such district or
change in the boundaries of such existing district.
(b) If the council shall approve such application, it shall
certify its findings and its approval of such new district or
change in such existing district thereon, and transmit a
certified copy thereof to the clerk of the courts or other

proper officer from whom the application was received, who shall
file the same in such original proceedings, whereupon unless
an appeal is filed with the State Board of Education the new
city, borough, or township will become a new school district
of the third or fourth class, or the school district of the
third or fourth class remaining after such annexation shall
constitute a separate school district as so changed.
(c) If, in the judgment of the council, the application
should not be granted, it shall endorse thereon "not approved,"
and transmit a certified copy thereof to the clerk of the courts
or other proper officer from whom the application was received,
who shall file the same in the original proceedings. In such
event, if no appeal to the State Board of Education is filed
within ninety days, the action of the council is final and the
boundaries of the existing school district shall remain
unchanged. Within ninety days after the decision of the council,
ten taxables of any school district affected by the council's
decision may appeal to the State Board of Education in which
case the board, for cause shown, may vacate such refusal, and
may approve the creation of such new district of the third or
fourth class or change in boundaries of an existing district
of the third or fourth class. After the elapse of five years
from the date of any refusal by the Council of Basic Education
to approve an annexation for school purposes, the council shall
reconsider its decision upon petition of ten taxables of any
school district affected by the council's decision.
(228 amended Oct. 21, 1965, P.L.601, No.312)
Section 229. Annexation to District of First
Class.--Whenever hereafter the territory comprising a school
district of the second, third, or fourth class is annexed to a
city comprising a school district of the first class or of the
first class A, the annexed school district shall immediately
become merged in and become a part of said school district of
the first class or of the first class A.
(229 amended May 13, 1949, P.L.1332, No.397)
Section 230. Approval of Contracts and Changes after Vote
for Annexation.--Where, under the provisions of any act of
Assembly, an election shall be held for and against the
annexation of territory comprising a school district of the
second, third, or fourth class, to a city comprising a separate
school district, and, if it shall appear by the vote when
counted that a majority has voted for said annexation and the
result of said election shall have been certified to the court
of quarter sessions having jurisdiction of the proceedings, the
board of school directors of said annexed school district shall
not thereafter make any change in textbooks, or adopt additional
textbooks, or contract for any new school sites, or let any
contract for the erection, enlargement, alteration, equipment,
or furnishing, of any new school sites, or let any contract for
the erection, enlargement, alteration, equipment, or furnishing,
of any school building, without the approval of the board of
school directors of the said school district of such annexing
city.
Section 231. Tax Levy or Debt for Buildings or Grounds
Pending Change of Boundaries, etc.--While proceedings are
pending in court for the changing of any boundary lines of any
city, incorporated town, borough, or township, or the creation
of any new city, borough, or township, the board of school
directors in every school district to be affected by such change
of boundary lines or creation of a new municipality shall be
permitted to levy and assess a school tax and incur debts for
the purpose of purchasing ground or building or enlarging a

school building, in the same manner as though such proceedings

were not pending in court for the changing of any boundary lines
of any such city, incorporated town, borough, or township, or
the creation of any new city, borough, or township.
Section 232. Special Tax Directed by Court.--In addition
to the levies provided for in the preceding sections, when it
is shown to the court of quarter sessions that by reason of the
partition of any school district and the apportionment of the
debts of the original district, the debts of such school
district exceed the amount which the board of directors may
collect in any year by taxation, the court, after ascertaining
the amount of indebtedness of any such school district, may,
by a writ of mandamus, direct the board of school directors,
by special taxation, to collect an amount sufficient to pay the
same. If the amount of such indebtedness is so large as to
render it inadvisable to collect the same in any one year,
taking into consideration other necessary taxation, the court
may direct the same to be levied and collected by annual
installments and may order such special taxes to be levied and
collected during such successive years as may be required for
the payment of the same. The special tax shall be subject to
the same penalties for nonpayment, and shall be computed and
collected in the same manner, as other school taxes.
Section 233. Small District Assistance after Combination
of School Districts.--If two or more school districts combine
to create a new school district and at least one of the
districts which combined to create that new school district was
eligible for small district assistance for the last school year
prior to the combination, the new school district shall receive,
for each of the first five school years after the combination,
in addition to any other payments by the Commonwealth, an amount
equal to either the total of the small district assistance for
which all of the districts were eligible for the last school
year prior to combining to create that new school district or
the small district assistance for which that new school district
is eligible, whichever is greater.
(233 added July 10, 1987, P.L.286, No.50)
(d)

Independent Districts.

Section 241. Creation of Independent Districts.--(241

repealed Dec. 7, 1965, P.L.1034, No.385)
Section 242. Approval of Fourth Class Districts; Adjustment
of Indebtedness; Costs.--(242 repealed Dec. 7, 1965, P.L.1034,
No.385)
Section 242.1. Establishment of Independent Districts for
Transfer of Territory to Another School District.--(a) A
majority of the taxable inhabitants of any contiguous territory
in any school district or school districts, as herein
established, may present their petition to the court of common
pleas of the county in which each contiguous territory, or a
greater part thereof, is situated, asking that the territory
be established as an independent district for the sole purpose
of transfer to an adjacent school district contiguous thereto.
Where the territory described in any such petition is to be
taken from two or more school districts, such petition shall
be signed by a majority of all the taxable inhabitants of the
part of each school district which is to be included in such
independent district for transfer. Such petitions shall set
forth a proper description of the boundaries of the territory
to be included in such proposed independent district, and the
reasons of the petitioners for requesting such transfer to

another school district and the name of the district into which
its territory is proposed to be placed.
The court shall hold hearing thereon, of which hearing the
school district or districts out of whose territory such
proposed independent district is to be taken and the school
district into which the territory is proposed to be assigned,
shall each have ten days notice. In all cases where an
independent district is proposed for transfer from one school
district to another, the merits of the petition for its
creation, from an educational standpoint, shall be passed upon
the Superintendent of Public Instruction and the petition shall
not be granted by the court unless approved by him. The court
of common pleas shall secure the reaction from the
Superintendent of Public Instruction upon receipt of the
petition properly filed.
The court, in its decree establishing such independent
district for transfer purposes, shall also determine the amount,
if any, of the indebtedness and obligations of the school
district, from whose territory such independent district is
taken, that said district shall assume and pay, and, a statement
prorating the State subsidies payable between or among the
losing district or districts and the receiving district.
In all cases where such proceedings result in the creation
and transfer, by decree of the court, of an independent
district, the cost and office fees shall be paid by the
petitioners or, otherwise, by the receiving district. Such
independent districts created under the provisions of this act
shall not become an operating school district but will be
created for transfer of territory only.
(b) In the case of independent districts established
hereafter, the court of common pleas shall notify the county
board of school directors regarding receipt of petition for
such establishment and shall direct said board to prepare a
statement of acceptance or rejection of the proposed placement
of the district in the designated administrative unit of the
county plan; such statement to be transmitted to the court and
to the State Board of Education.
(242.1 amended Dec. 19, 1967, P.L.865, No.383)
Section 243. Abolition of Independent Districts.--(243
repealed Dec. 7, 1965, P.L.1034, No.385)
(e)

Union Districts.

Section 251. How Formed.--(251 repealed Dec. 7, 1965,

P.L.1034, No.385)
Section 252. Return of Election.--(252 repealed Dec. 7,
1965, P.L.1034, No.385)
Section 253. When Established; Classification.--(253
repealed Dec. 7, 1965, P.L.1034, No.385)
Section 254. Liabilities and Property of Component
Districts.--(254 repealed Dec. 7, 1965, P.L.1034, No.385)
Section 255. Validation of Certain Union School
Districts.--(255 repealed Dec. 7, 1965, P.L.1034, No.385)
(f)

Merger of Districts.

Section 261. Standards and Regulations; Approval of

Plans.--(261 repealed Sept. 12, 1961, P.L.1283, No.561)
Section 262. County-Wide Plans for Merger, etc.--(262
repealed Sept. 12, 1961, P.L.1283, No.561)
Section. 263. Petitions and Elections for Mergers; Returns;
When Effective.--(263 repealed Dec. 7, 1965, P.L.1034, No.385)

Section 263.1. Mergers; Voting; Partial Mergers. (263.1

repealed Dec. 7, 1965, P.L.1034, No.385)
Section 264. Merged Districts; Assets and Liabilities.--(264
repealed Dec. 7, 1965, P.L.1034, No.385)
(g)

Apportionment of Property and Indebtedness.

Section 271. Amicable Adjustment and Apportionment.--In any

case where (1) any school district is abolished and its land
reverts to or becomes a part of two or more school districts,
or (2) any land heretofore annexed to one school district is
made a part of the district in which it is located, or (3) a
new district is made by the creation of a new city, borough,
township, or independent school district, out of one or more
school districts, or (4) the boundary lines of any district are
changed by the changing of the boundary lines of any city,
incorporated town, borough, township, or school district, or
(5) any part of any school district is merged with any other
district or districts or parts thereof, then, in any such case,
the school districts to which land has been annexed or from
which land has been taken, or which have been newly created,
shall make a just and proper adjustment and apportionment of
all school property, real and personal, including funds, as
well as indebtedness, and rental obligations to an approved
school building authority, if any, to and among such school
districts. Such adjustment and apportionment shall be made as
of the date of the decree or order creating such new city,
borough, township, or school district, or of the decree of the
court or vote of the electors effecting such annexation or
merger, or the first Monday of July following approval by the
Council of Basic Education of the annexation for school
purposes.
(271 amended Oct. 21, 1965, P.L.601, No.312)
Section 272. Apportionments; How and When Made.--In making
such adjustment and apportionment of property, indebtedness,
and rental obligations to an approved school building authority,
the amount and assessed value of land acquired by or taken from
such districts, as compared with the amount and assessed value
of the other land in the districts, as well as the value of the
school grounds, together with the buildings thereon, and the
furniture and equipment therein, and other school property in
such districts, shall be taken into consideration in determining
the amount, if any, that shall be paid by one district to
another, or in apportioning the indebtedness, and rental
obligations to an approved school building authority, if any,
that shall be assumed and paid by any of the districts. Such
adjustment and apportionment of property and liability shall
be made by the boards of school directors of the several
districts concerned, before or during the first school year
after such boundaries have been changed.
(272 amended Aug. 22, 1961, P.L.1022, No.460)
Section 273. Apportionment by Commissioners.--In case the
boards of school directors of the several school districts
cannot make amicable apportionment and adjustment of their
property, indebtedness and rental obligations to an approved
school building authority, before or during the first school
year beginning after any such change in their boundary lines
is made, any one of such school districts may, at any time
within the succeeding school year, present its petition to the
court of common pleas of the county in which such school
district is located. The court shall appoint three disinterested
commissioners, residents and taxpayers of the county, not

residing in either of the districts whose boundary lines are

changed. Such commissioners, after a hearing, shall make a
report to the court, making an apportionment and adjustment,
according to the provisions of this act, of all school property,
as well as indebtedness, and rental obligations to an approved
school building authority, if any, to and among the several
school districts from which or to which land has been taken or
added, or which have been newly created, as the case may be.
Said report shall state the amount, if any, that shall be due
and payable from one district to another, as well as the amount
of indebtedness, and rental obligations to an approved school
building authority, if any, that shall be assumed by any
district. Due notice of such hearing shall be given to the
several districts interested as the court may direct.
(273 amended Aug. 22, 1961, P.L.1022, No.460)
Section 274. Confirmation of Report; Effect; Costs.--The
commissioners shall give the several districts interested at
least five (5) days' notice of the filing of their report.
Unless exceptions are filed thereto by any district interested
within thirty (30) days after the filing thereof, the same shall
be confirmed by the court absolutely. Any sum awarded by said
report to any school district shall be a legal and valid claim
in its favor against the school district charged therewith. The
amount of debt, if any, apportioned to any school district shall
be a legal and valid claim against such district charged
therewith. Upon the report of the commissioners being confirmed,
such claims or indebtedness charged against any school district
may be collected in the same manner as a judgment is collected
against any school district.
Such commissioners shall be allowed three dollars ($3) per
day for each day actually spent by them in the performance of
their duties, together with their actual necessary expenses.
All costs and expenses of such proceeding shall be apportioned
by the court, to and among the several school districts, as it
shall deem proper.
Section 275. Court to Dispose of Exceptions.--In case
exceptions are filed to the report of the commissioners, the
court shall dispose of the same, taking testimony therein, if
it deems advisable. The decision of the court thereon shall be
final and binding on the several districts, without any right
of appeal.
Section 276. Apportionment by Bill in Equity.--If the
respective school districts shall neglect or refuse to petition
the court for the appointment of commissioners to secure an
apportionment and adjustment within the period of the second
year, as herein provided, either of said school districts, or
any ten resident citizens owning taxable property within either
of said school districts, may file a bill in equity at any time
within six (6) years from the date of said change in boundary
lines, in the name of the school district or for the use of the
school district, against the other school district, in the court
of common pleas of the proper county, to have such indebtedness
apportioned and adjusted, and setting forth the facts upon which
any claim of amounts due shall be made in accordance with the
manner of adjustment set forth in the preceding sections of
this act. Such case shall be proceeded with in accordance with
the equity rules and a decree of dismissal or of payment shall
be made after due hearing by the court, subject to further right
of appeal, as allowed by law.
Section 277. Districts in More Than One County.--In cases
in which such districts are situated in two or more counties,
the court of common pleas of the county in which the largest

part in area of the land annexed to or taken from any district

is situated shall have exclusive jurisdiction over the matter.
If commissioners are to be appointed, the court may appoint the
commissioners from any one or all such counties.
(h) Reorganization of School Districts.
((h) repealed Aug. 8, 1963, P.L.564, No.299)
Section 281. Standards for Organization of Administrative
Units.--(281 repealed Aug. 8, 1963, P.L.564, No.299)
Section 282. Submission of Plans.--(282 repealed Aug. 8,
1963, P.L.564, No.299)
Section 283. Approval of Plans.--(283 repealed Aug. 8, 1963,
P.L.564, No.299)
Section 284. Disapproval of Plans.--(284 repealed Aug. 8,
1963, P.L.564, No.299)
Section 285. Department of Public Instruction to Prepare
Plans.--(285 repealed Aug. 8, 1963, P.L.564, No.299)
Section 286. Establishment of Reorganized School
Districts.--(286 repealed Aug. 8, 1963, P.L.564, No.299)
(i) Reorganization.
((i) added Aug. 8, 1963, P.L.564, No.299)
Section 290. Purpose; Construction of Subdivision.--The
purpose of this subdivision is to provide a flexible framework
and effective and orderly means whereby the administrative units
of the Commonwealth's public school system can be expeditiously
reorganized. While deeply impressed with the continuous
dedicated responsibility exercised over the last century by the
citizenry through their local boards of school directors, the
General Assembly must also be cognizant of the responsibility
placed upon it by Article X., section 1 of the Constitution of
Pennsylvania which requires in part, that "The General Assembly
shall provide for the maintenance and support of a thorough and
efficient system of public schools, wherein all the children
of the Commonwealth above the age of six years may be educated
...." As the evidence demonstrates beyond reasonable dispute
that the present administrative system of more than two thousand
(2,000) school districts is incapable of providing adequate
education and appropriate training for all of the children of
the Commonwealth above the age of six, the General Assembly
hereby renews its dedication to its responsibility of providing
a thorough and efficient system of public schools within the
Commonwealth. It is hereby declared to be the purpose and
intention of the General Assembly to establish the procedures
and provide for the standards and criteria under which school
directors and district administrators and county boards of
school directors and county administrators shall have the power
and bear the duty of determining the appropriate administrative
units to be created in each county to carry out the
responsibilities shared by them and the General Assembly, of
educating and training each child within his capacity to the
extent demanded by the immediate requirements of growth and
strengthening of this Commonwealth and nation. Only where such
local officials fail to act, or act arbitrarily outside of the
standards and criteria provided for in the sections following,
shall the Commonwealth through its duly authorized agencies and
officials act to insure compliance with law within the powers
set forth below and as restricted therein. The improvements in
the educational system hereby obtained are not to be construed
as a final resolution of organizational problems. Local school

officials as agents of the General Assembly are directed to

continually review organizational patterns and adopt without
delay all changes which will accelerate the progress of public
education. It is further declared to be the purpose and
intention of the General Assembly that the above may be used
in construing and arriving at legislative intent with respect
to the provisions of this subdivision.
(290 added Aug. 8, 1963, P.L.564, No.299)
Section 290.1. Educational Performance Standards.--To
implement the purpose of this subdivision, the State Board of
Education, as soon as possible and in any event no later than
July 1, 1965, shall develop or cause to be developed an
evaluation procedure designed to measure objectively the
adequacy and efficiency of the educational programs offered by
the public schools of the Commonwealth. The evaluation procedure
to be developed shall include tests measuring the achievements
and performance of students pursuing all of the various subjects
and courses comprising the curricula. The evaluation procedure
shall be so constructed and developed as to provide each school
district with relevant comparative data to enable directors and
administrators to more readily appraise the educational
performance and to effectuate without delay the strengthening
of the district's educational program. Tests developed under
the authority of this section to be administered to pupils shall
be used for the purpose of providing a uniform evaluation of
each school district and the other purposes set forth in this
subdivision. The State Board of Education shall devise
performance standards upon the completion of the evaluation
procedure required by this section.
(290.1 added Aug. 8, 1963, P.L.564, No.299)
Section 291. Standards for Organization of Administrative
Units.--The State Board of Education, within ninety (90) days
of the effective date of this amending act, shall adopt
standards for approval of administrative units, taking into
consideration the following factors: topography, pupil
population, community characteristics, transportation of pupils,
use of existing school buildings, existing administrative units,
potential population changes and the capability of providing a
comprehensive program of education.
(291 added Aug. 8, 1963, P.L.564, No.299)
Section 292. Submission of Plans.--Each county board of
school directors, on or before July 1, 1964, shall prepare a
plan of organization of administrative units for the county,
conforming to the standards for approval of administrative units
adopted by the State Board of Education. The plan shall be
submitted to the Department of Public Instruction not less than
thirty (30) days nor more than sixty (60) days after it is
prepared. Any school district which considers itself aggrieved
by the plan may set forth its specific objections in a petition
which shall be served by registered or certified mail on the
secretary of the county board of school directors. All such
petitions filed shall be appended to the plan prior to
submission to the Department of Public Instruction. No plan of
organization of administrative units shall be submitted which
violates any written agreement entered into by several school
districts for the establishment of a joint school or department,
unless the agreement is amended to provide that it shall be
discontinued at the time the proposed administrative unit is
deemed established as a school district. A plan of organization
of administrative units shall be deemed to violate a written
agreement entered into by several school districts for the
establishment of a joint school or department only when it

formulates an administrative unit, which in whole or in part

comprises less than all of the school districts joined by such
agreement. In preparing its plans, a county board of school
directors shall confer with school directors and administrators
of all school districts of the county, and may confer with the
staff of the Department of Public Instruction and upon written
request shall confer with other interested persons. Each plan
shall assure the continuity of special education and area
technical school programs by providing special education and
area technical school attendance areas established in accordance
with standards approved by the State Board of Education.
Each county board of school directors which prepared and
submitted to the Department of Public Instruction prior to
January 1, 1963, a plan of organization of administrative units
for the county, shall, in compliance with the provisions hereof,
reconsider such plan and submit the same or a revised plan on
or before July 1, 1964, irrespective of the action taken on the
prior plan. In those cases where the prior plan was approved
by the State Council of Education, the plan submitted when
approved by the Council of Basic Education shall supersede the
prior approved plan as the plan of organization of
administrative units for the county.
(292 added Aug. 8, 1963, P.L.564, No.299)
Section 292.1. Independent Districts.--When an independent
district is created by the court of common pleas for purposes
of transfer from one school district to another, the court shall
submit to the State Board of Education its decree creating such
district. Such decree shall be considered an application for
the assignment of said district to the designated administrative
unit of the approved county plan.
(292.1 amended Dec. 19, 1967, P.L.865, No.383)
Section 293. Approval of Plans.--(a) When any plan of
organization of administrative units for a county is found to
conform to the standards for approval of administrative units
adopted by the State Board of Education, the Department of
Public Instruction shall cause such plan to be placed upon the
agenda of the Council of Basic Education. The Council of Basic
Education shall review all plans placed upon its agenda, and
approve such plans as it deems wise in the best interests of
the educational system of the Commonwealth. Except as
hereinafter provided, no plan of organization of administrative
units shall be approved in which any proposed school district
contains a pupil population of less than four thousand (4,000),
unless when factors of topography, pupil population, community
characteristics, transportation of pupils, use of existing
school buildings, existing administrative units, potential
population changes and the capability of providing a
comprehensive program of education are considered by the Council
of Basic Education as requiring the approval of a plan of
organization of administrative units in which one or more
proposed school districts contains a pupil population of less
than four thousand (4,000). (b) A plan of organization of
administrative units for a county shall be approved by the
Council of Basic Education, if the plan contains (i) no unit
with a pupil population less than that of the unit with the
smallest pupil population in the last previous county-wide plan
submitted to and approved by the State Council of Education
prior to September 12, 1961, and (ii) no more units than were
in the aforesaid county-wide plan plus an additional unit for
each second class district which was not required to be a part
of such county-wide plan and which was not included in an
administrative unit thereof. (c) Pupil population as used in

this section shall mean the average daily membership for the
school year 1961-1962 including kindergarten or grade one
through grade twelve.
(293 added Aug. 8, 1963, P.L.564, No.299)
Section 293.1. Independent Districts.--When a court decree
is received creating an independent district for transfer
purposes, the State Board of Education shall place such item
on its agenda and either approve or disapprove the creation and
transfer. If approval is given, the board shall direct the
Council of Basic Education to make the necessary changes in the
county plan. If disapproved, the board shall state its reasons
for such disapproval and the independent district shall be
provided a hearing if it so desires.
(293.1 amended Dec. 19, 1967, P.L.865, No.383)
Section 293.2. Consolidation of Municipalities.--Whenever
the court of common pleas in any county orders the consolidation
of any municipalities, it shall serve a copy of its order on
the State Board of Education. Upon receipt of such order the
board shall direct the Council of Basic Education to make such
changes in county plans as may be necessary.
(293.2 added June 23, 1965, P.L.139, No.95)
Section 294. Disapproval of Plans.--When any plan of
organization of administrative units for a county is disapproved
by the Council of Basic Education, it shall be returned to the
county board of school directors which submitted the plan for
reconsideration, amendment and resubmission in accordance with
the recommendations of the Council of Basic Education.
(294 added Aug. 8, 1963, P.L.564, No.299)
Section 295. Department of Public Instruction to Prepare
Plans.--In the event that no plan of organization of
administrative units is approved by the Council of Basic
Education for a county prior to January 1, 1965, the Department
of Public Instruction shall prepare and place upon the agenda
of the Council of Basic Education a plan of organization of
administrative units for the county. When approved by the
Council of Basic Education, such plan shall be deemed the
approved plan of organization of administrative units for the
county.
Any school district which considers itself aggrieved by a
plan of organization of administrative units approved by the
Council of Basic Education may appeal to the State Board of
Education by filing a petition, within thirty (30) days after
approval of the plan, setting forth the grounds for such appeal.
A copy of such petition shall be served by registered or
certified mail on the secretary of the county board of school
directors. The State Board of Education, or its representative,
shall fix a day and time for hearing, shall give written notice
to all parties interested, and may hear and consider such
testimony as it may deem advisable to enable it to make a
decision. After reaching its decision, the State Board of
Education shall enter such order as appears to it just and
proper, either directing the Council of Basic Education to
approve the plan in an amended form or confirming the plan in
the form previously approved by the Council of Basic Education.
The decision of the State Board of Education shall be final,
unless an appeal is taken as now provided under the provisions
of the "Administrative Agency Law."
(295 added Aug. 8, 1963, P.L.564, No.299)
Section 296. Establishment of Reorganized School
Districts.--On July 1, 1966, or on the date of advance
establishment, all administrative units contained in plans of
organization of administrative units approved by the Council

of Basic Education shall constitute and be deemed established

as school districts, and shall belong to the class to which
they are entitled as provided by law: Provided, however, if any
approved administrative unit includes any district or districts
of the second, third, or fourth class with any district of the
first class A, such district or districts of the second, third,
or fourth class shall be merged into and become part of said
district of the first class A, and said district of the first
class A as thus enlarged shall be the reorganized district and
shall be considered as having had continued existence.
(296 amended June 2, 1965, P.L.86, No.59)
Section 297. Advance Establishment.--(a) Any administrative
unit contained in a plan of organization of administrative units
approved by the Council of Basic Education may constitute and
be deemed established as a school district on July 1, 1964, or
on July 1, 1965, when the following conditions have been
satisfied:
(1) All appeals to the State Board of Education from the
action of the Council of Basic Education approving the plan of
organization of administrative units have been finally
determined;
(2) At a regular meeting or at a special meeting called for
such purpose, the board of school directors of each school
district composing the administrative unit has approved by
majority vote the establishment in advance of July 1, 1966, of
the proposed school district contained in the plan of
organization of administrative units approved by the Council
of Basic Education;
(3) A copy of the resolution of each school district is
filed with the Department of Public Instruction; and
(4) The Superintendent of Public Instruction certifies to
the Council of Basic Education that all school districts
composing the administrative unit have filed resolutions with
the Department of Public Instruction approving the establishment
of the school district in advance of July 1, 1966. The
certification shall state the date when the school district
shall be deemed established.
(b) Any school district established in advance of July 1,
1966, shall be entitled to all the benefits of this act and
shall be subject to all of the provisions of this act as if the
school district were constituted and deemed established on July
1, 1966: Provided, however, That in the case of school districts
established on July 1, 1964, the provisions of section 303.1
of this act relating to election of school directors shall be
advanced two years: And provided further, That in the case of
school districts established on July 1, 1965, the provisions
of section 303.1 of this act shall not be advanced.
(297 added Aug. 8, 1963, P.L.564, No.299)
Section 298. Property and Indebtedness and Rental
Obligations of Former School Districts.--(a) Except as
otherwise provided in this section, all real and personal
property, indebtedness and rental obligations to an approved
school building authority or non-profit corporation, if any,
of former school districts composing any school district
constituted and deemed established pursuant to this subdivision
(i) shall become the property, indebtedness and rental
obligations of such newly established school district. All
rights of creditors against any of the component former school
districts shall be preserved against the newly established
school district. All property theretofore vested in the
component former school districts shall become vested in the
newly established school district, and all debts and taxes owing

to the component former school districts, uncollected in the

several component former school districts, and all moneys in
the treasuries of the component former school districts, shall
be paid to the treasurer of the newly established school
district.
(b) All obligations of any component former school district
evidenced by funding bonds issued after September 12, 1961, for
the purpose of funding unfunded debt contracted for current
operating expenses, shall continue to be an obligation of the
taxable property within such former component school district
and any sinking fund created on account of such indebtedness
shall remain the separate sinking fund for such bonds. In
levying and assessing taxes for the first school year of
operation, the interim operating committee, and in levying and
assessing such taxes for each subsequent school year, the board
of school directors of the newly established school district,
shall levy and assess, upon the taxable property within such
component former school district for which bonds issued after
September 12, 1961, for the purpose of funding unfunded debt
contracted for current operating expenses shall be outstanding,
a tax in addition to all other school district taxes, in an
amount sufficient to discharge the obligation of such component
former school district, as set forth pursuant to section 207
of the Municipal Borrowing Law, in the resolution increasing
the indebtedness of such component former school district for
such purpose. If such funding bonds shall be a part of an issue
of bonds issued partly for other purposes, such funding bonds
shall be deemed to be the bonds of such issue which mature
first: Provided, however, if any district of the second, third
or fourth class is merged into and becomes part of any district
of the first class A as a reorganized or newly established
school district, the reorganized or newly established district,
for its first year of operation and for every subsequent year,
shall levy and assess the aforesaid tax on the territory
comprising the district of the second, third or fourth class
merged into and becoming a part of the school district of the
first class A: Provided further, That by agreement in writing
approved by a majority vote of the directors of the district
of the second, third or fourth class merged into and becoming
a district of the first class A as a reorganized or newly
established school district, and the directors of the district
of the first class A, entered into prior to the effective date
of reorganization, the provisions of this subsection may be
waived. ((b) amended June 2, 1965, P.L.86, No.59)
(298 added Aug. 8, 1963, P.L.564, No.299)
ARTICLE III.
SCHOOL DIRECTORS.
Section 301. Board of Directors; Election or
Appointment.--The public school system of the Commonwealth shall
be administered by a board of school directors, to be elected
or appointed, as hereinafter provided. At each election of
school directors, each qualified voter shall be entitled to
cast one vote for each school director to be elected. Any system
providing for cumulative voting for the office of school
director is hereby abolished.
Section 302. Number and Appointment in Districts First Class
and First Class A; Reorganized District of First Class A
Containing Former Districts of Second, Third or Fourth Class:
Terms of Office.--(a) In each school district of the first
class or of the first class A, the board shall be known as the

"Board of Public Education," and shall consist of fifteen (15)

school directors, whose term of office shall be six (6) years.
The terms of five of the members shall expire on the second
Monday of November of each odd numbered year, as now provided
by law. The judges of the courts of common pleas of the county
in which such school district is situated shall, in October of
every odd numbered year, appoint five (5) members for terms of
six (6) years. Their term of office shall begin on the second
Monday of November next following their appointment.
(b) When a school district or districts of the second, third
or fourth class is merged into and becomes part of a district
of the first class A as a reorganized district under the
provisions of Article II, subdivision (i) of this act, the terms
of office of all directors of such district or districts of the
second, third or fourth class shall terminate on the date of
establishment of such reorganized district of the first class
A.
As soon as a vacancy occurs in the office of Director of the
Board of Public Education, a resident of the area comprising
the district of the second, third or fourth class merged into
and becoming a part of the school district of the first class
A shall be appointed to the Board of Public Education of the
reorganized district and following the expiration of the term
of the director so appointed, the appointment of directors shall
be without regard to this limitation.
(302 amended June 2, 1965, P.L.86, No.59)
Section 302.1. School Board in First Class A School
Districts; Apportionment of Seats, and Numbers, Terms, and
Methods for Election of School Directors in First Class A School
Districts.--(a) Composition of School Board.
(1) In each school district of the first class A, the school
board shall be known as the Board of Public Education and shall
consist of an odd number of members not less than seven nor
more than fifteen school directors, to be elected by the
qualified voters of the school district by specified districts.
(2) There shall be a corresponding odd number, not less
than seven nor more than fifteen separate districts for each
of which only one candidate shall be elected. Each candidate
shall be nominated only for the specified district in which he
resides and each elected member shall represent only a specified
district in which he resides, such districts to be constituted
as hereinafter set forth.
(b) Term of Office. All elected members shall serve for a
term of four years except the three, four, five, six or seven
members elected at the initial election in even numbered school
director districts, who shall serve for two years. In the event
the first election occurs in an even-numbered year, the terms
of the initial members shall be increased by one year, so that
future elections can be held in odd-numbered years. In the case
of death or resignation of elected members, the mayor of the
most populous municipality contained in such school district
shall fill the vacancy from the same school director district
in which the vacancy occurred until the first Monday in December
following the next municipal primary occurring one hundred
twenty days after the vacancy occurred.
(c) Apportionment.
(1) In each school district of the first class A, a school
director district apportionment commission shall be constituted
for the purpose of establishing an odd number not less than
seven nor more than fifteen school director districts within
the first class A school district by assigning each election
district within such school district into one of such school

director districts. The commission shall select that odd number

of districts from seven to fifteen which will best provide for
racial balance and proportional representation of all segments
of the population at the time of the apportionment. Such school
director districts shall be compact, contiguous, and as nearly
equal in population as practicable.
(2) The commission shall consist of six members, two to be
appointed by the mayor of the most populous municipality in
such school district, three by the city council of such
municipality and one by the mayor of any other municipality in
such school district with the approval of the legislative body
thereof. The commission shall elect one of its members chairman,
and shall act by a majority of its entire membership. If any
of the appointing authorities shall fail to make any or all of
such appointments within fifteen days after enactment of this
act, such appointment or appointments shall be made by the court
of common pleas.
(3) No later than forty-five days after the commission has
been duly certified, the commission shall file an apportionment
plan with the county board of elections to be submitted to the
voters of the district at the next primary election occurring
not less than ninety-one days after the plan is filed with the
county board and at which primary election the candidates for
members of the school board shall be nominated.
(4) No later than September in the second year following
the year in which Federal census data is officially gathered,
a school director district reapportionment commission shall be
appointed. Said reapportionment commission shall consist of
seven members, three to be appointed by the mayor of the most
populous municipality in the school district, three by the city
council of such municipality and one by the mayor of any other
municipality of the school district with the approval of the
legislative body thereof. The duties of the reapportionment
commission shall be, from the official data of the United States
Bureau of the Census, to define the lines that divide the
existing school director districts to make any new school
director districts as nearly equal in population as practicable,
and as compact and contiguous as possible, and to best provide
for racial balance on the board of school directors of said
school district. The number of school directors or school
director districts shall not be increased or decreased. In
addition, the reapportionment commission shall make every effort
to maintain neighborhood boundary lines of communities of like
interest whenever practicable. Such reapportionment commission
shall file its plan no later than ninety days after either the
commission has been appointed or the specified population data
for the first class A school district as determined by the
Federal decennial census are available, whichever is later in
time. ((4) amended Dec. 20, 1983, P.L.267, No.73)
(5) The school district shall appropriate sufficient funds
for the compensation and expenses of members and staff appointed
by such apportionment and reapportionment commissions, and other
necessary expenses. The members of such commissions shall be
entitled to such compensation for their services as the school
district from time to time shall determine. ((5) amended Dec.
20, 1983, P.L.267, No.73)
(6) If an apportionment or reapportionment plan is not filed
by the commission within the time prescribed by this section,
the court of common pleas of the county in which the district
is located shall immediately proceed on its own motion to
apportion or reapportion the school director districts, in

accordance with the standards set forth in subsection (c)(4).

((6) amended Dec. 20, 1983, P.L.267, No.73)
(7) Any apportionment or reapportionment plan, filed by any
such commission or prepared by the court of common pleas of the
county in which the district is located upon the failure of the
commission to act shall be published by the county board of
elections once in at least one newspaper of general circulation
in the most populous municipality of the school district, which
publication shall contain a map of the school district showing
the complete apportionment or reapportionment of the school
director districts. The publication shall also state the
population of the school director districts having the smallest
and largest population and the percentage variation of such
districts from the average population for such districts.
(8) The county board of elections shall place upon the
ballot to be submitted to the voters of each first class A
school district under the act of June 3, 1937 (P.L.1333,
No.320), known as the "Pennsylvania Election Code," the
following question:
Shall the apportionment plan submitted by
the school director district apportionment Yes
commission for the election of members of
the Board of Public Education of the school
No
districtof....................beapproved?
Since the voters have accepted the apportionment plan, the
number of school director districts contained in the
apportionment plan shall be the permanent number of school
director districts in said school district, and said permanent
number of school director districts shall neither be increased
nor decreased by any future reapportionment commission nor by
the court of common pleas of the county in which the school
district is located. The ballot question shall not be considered
in the case of a reapportionment plan submitted by a
reapportionment commission or the court of common pleas. ((8)
amended Dec. 20, 1983, P.L.267, No.73)
(d) Nomination and Elections of School Directors. School
directors shall be nominated and elected in accordance with the
act of June 3, 1937 (P.L.1333, No.320), known as the
"Pennsylvania Election Code."
(e) Applicable Law upon Adoption. After the election of
school directors from specified districts in accordance
therewith, the Board of Public Education of such first class A
school district shall be governed by the provisions of this
section and by all other provisions of the act to which this
is an amendment and other provisions of general law relating
to first class A school districts which are not inconsistent
with the provisions of this section. The provisions of this
section shall supersede all other parts of the act to which
this is an amendment and all other acts affecting the
organization of school districts of the first class A to the
extent that they are inconsistent or in conflict herewith. All
existing acts or parts of acts and resolutions affecting the
organization of first class A school districts not inconsistent
or in conflict with the provisions of this section shall remain
in full force until modified or repealed as provided by law.
(f) Certain Prohibitions of Service. No superintendent,
assistant superintendent, supervising principal, teacher or
other employe shall serve either temporarily or permanently as
a member of the school board by which employed.
(g) Transition Provisions and Expiration of Existing Terms.
The terms of existing appointed board members shall terminate
on the first Monday of December in 1976 or in any subsequent

year in which the initial elected members are elected, at which

time the terms of all members to be elected as herein provided
shall be deemed to begin. Thereafter the terms of all elected
members shall expire on the first Monday of December in the
year in which the length of term to which such members shall
have been elected has been served.
(302.1 added Dec. 19, 1975, P.L.511, No.150)
Section 303. Number and Election in Districts of the Second,
Third and Fourth Classes; Terms of Office.--(a) In each school
district of the second class, and on and after July 1, 1966,
or if there is advance establishment July 1, 1964, or July 1,
1965, as the case may be, in each school district of the second,
third and fourth class, there shall be a board of nine (9)
school directors, who, except as otherwise provided in this
act, shall be elected at large for terms of six (6) years. The
terms of three of the members shall expire on the first Monday
of December of each odd numbered year, as now provided by law.
At each municipal election, three school directors, except as
otherwise provided in this act, shall be elected at large for
terms of six (6) years. Their terms of office shall begin on
the first Monday of December following their election. Beginning
with the terms to be filled at the municipal election held in
1979 and each odd numbered year thereafter, the terms of school
directors so elected shall be four (4) years, except that at
the municipal election in 1983, five (5) school directors shall
be elected for terms of four (4) years and one (1) for a term
of two (2) years. At the municipal election in 1985 and every
four (4) years thereafter, four (4) directors shall be elected
for terms of four (4) years. At the municipal election in 1987
and every four (4) years thereafter, five (5) directors shall
be elected for terms of four (4) years. The board shall select
by lot, prior to the time for filing of nomination petitions,
the vacancy that is to be filled for a two (2) year term in
1983. ((a) amended Dec. 17, 1982, P.L.1378, No.316)
(b) (1) The interim operating committee or the board of
school directors may develop a plan to elect school directors
from regions or to elect some school directors at large and
some from regions. Such a plan may also be developed by the
resident electors of a school district as provided herein and
shall have the same effect as one developed by the board of
school directors.
(2) Electors equal to at least twenty-five (25) per centum
of the highest vote cast for any school director in the last
municipal election may develop a plan to elect school directors
from regions or to elect some school directors from regions and
some from the school district at large. Plans proposed by
electors shall be subject to the same requirements as plans
proposed by the board of school directors.
(3) The boundaries of the regions shall be fixed and
established in such manner that the population of each region
shall be as nearly equal as possible and shall be compatible
with the boundaries of election districts. Such plan for the
division of the school district shall be submitted for approval
to the court of common pleas. If approved by such court, the
clerk thereof shall certify the regional boundaries contained
therein to the county board of elections. In the event of any
division, redivision, alteration, change or consolidation of
election districts which renders regional boundaries
incompatible with the boundaries of election districts, a new
plan shall be developed and submitted for court approval in
like manner. Any proposed change in an approved plan, including
abolition of regional representation, shall be submitted for

approval to the court of common pleas by the board of school

directors, or by a petition of the resident electors within the
district. Where a region plan is approved, school directors who
reside in each region shall be elected by and from each region.
At all times each region shall be represented by directors
elected or appointed from that region. Where a combination at
large and region plan is approved, all regions shall have an
equal number of school directors who reside in each region and
who shall be elected or appointed by and from each region. At
all times each region shall be represented by a director or
directors elected or appointed from that region. All plans shall
provide that three school directors shall be elected at each
municipal election. In a combination at large and region plan,
the number of regions shall be three. In a region plan not
combining at large directors, the number of regions shall be
three or nine.
((b) amended July 1, 1978, P.L.575, No.105)
(c) In any case where the newly established school district
is situated in two or more counties, the plan for regional
representation provided for herein shall be submitted for
approval to the court of quarter sessions of the county in which
the largest part in area of the land affected is situated, which
court shall have exclusive jurisdiction over the matter.
(303 amended Aug. 8, 1963, P.L.564, No.299)
Section 303.1. Incumbent School Directors and Interim
Operating Committee.--(a) All school directors of the component
school districts forming an administrative unit composed of two
or more school districts approved by the Council of Basic
Education to be established as a school district shall serve
out the terms of office for which they were elected. No
vacancies occurring in such position after the date of
establishment shall be filled.
(b) On or before the fifteenth day of January immediately
preceding the date of establishment, such incumbent school
directors of the component school districts shall be called
into convention by the county superintendent of schools or, if
necessary, after July 1, 1970, by the executive director of the
intermediate unit and shall select by majority vote an interim
operating committee composed of nine incumbent school directors.
In selecting the interim operating committee, the incumbent
school directors shall take into consideration the principle
of proportionate representation according to population. If,
by reason of failure to receive a majority vote, a tie vote,
or otherwise all nine members of the interim operating committee
are not selected at such convention, the county superintendent
of schools shall call another convention within thirty days for
the purpose of selecting the remaining members. If all remaining
members are not selected at such second convention the court
of common pleas of the proper county, upon the petition of the
county superintendent of schools, shall within thirty days
appoint to the interim operating committee, from the incumbent
school directors, the remaining member or members and specify
their terms. The decision of the convention in selecting the
interim operating committee, except as hereinbefore provided,
shall be final. Six of the members of the interim operating
committee shall be selected for a term expiring on the first
Monday of December, 1967; and three for a term expiring on the
first Monday of December, 1969. In the event an incumbent
director is selected for a term on the interim operating
committee which would expire later than the term for which he
was elected as a school director, he shall serve only until the
end of his term for which he was elected as a school director.

At the municipal elections held in November, 1967 three members

shall be elected for a four-year term and three members shall
be elected for a six-year term. Thereafter, all members shall
be elected for six-year terms. The school directors elected at
the municipal elections held in November, 1967, and thereafter,
shall take the place of the appointed members of the board of
school directors of the newly established school district as
their terms expire. The members of the interim operating
committee shall become and shall serve as the board of school
directors of the school district on and after the date of
establishment. ((b) amended Jan. 14, 1970, 1969 P.L.468, No.192)
(c) The interim operating committee shall have the power
and its duty shall be to meet, prepare and adopt a budget, levy
and assess taxes and perform all acts and functions necessary
to enable the proposed school district to function properly
prior to the date of its establishment. The committee shall
have the power to fill vacancies should a deficiency in
membership arise due to death, resignation or otherwise:
Provided, however, That vacancies shall first be filled by the
selection of an incumbent school director, if any.
(d) The incumbent school directors not selected for
membership on the interim operating committee shall serve in
an advisory capacity to the interim operating committee and to
the board of school directors of the newly established school
district. Such incumbent school directors may attend meetings
and participate in discussions of the interim operating
committee and board of school directors, but shall have no vote.
(e) In the case of a single school district forming an
administrative unit approved by the Council of Basic Education
to be established as a school district, the incumbent school
directors shall be the school directors of the newly established
district and the election of school directors at each municipal
election subsequent to the date of establishment shall be as
provided in section 303 of this act. In the event the number
of incumbent school directors is less than nine, the board of
school directors on and after the date of establishment shall
have the power to raise its membership to nine in the manner
now provided by law to fill vacancies on the board.
(f) The interim operating committee or the board of school
directors shall also have the power and its duty shall be to
propose a name for the school district to be established. The
name proposed shall be reported to the Department of Public
Instruction which shall review the proposed name and approve
it if it is not a duplication of a name previously approved by
the Department of Public Instruction. When it approves a name,
the Department of Public Instruction shall issue a certificate
stating that the approved name has been registered as the
official designation of the school district.
(303.1 added Aug. 8, 1963, P.L.564, No.299)
Section 304. Number and Election in Districts Third Class;
Terms of Office.--In each school district of the third class
there shall be a board of seven (7) school directors, who shall
be elected at large, and whose terms of office shall be six (6)
years. The terms of the members now in office shall expire at
the end of the terms for which they were respectively elected.
At each of the municipal elections held in November, one
thousand nine hundred and forty-nine (1949), and in November,
one thousand nine hundred and fifty-one (1951), two school
directors shall be elected. At the municipal election held in
November, one thousand nine hundred and fifty-three (1953),
three school directors shall be elected. At each of the first
two municipal elections thereafter, two school directors shall

be elected. At the third municipal election, three shall be

elected. Thereafter, two school directors shall be elected at
each of the two succeeding municipal elections, and three at
each third municipal election. All shall be elected at large,
for terms of six years. Their terms of office shall begin on
the first Monday of December following their election.
Section 305. Number and Election in Districts Fourth Class;
Terms of Office.--In each school district of the fourth class
there shall be a board of five (5) school directors, who shall
be elected at large, and whose terms of office shall be six (6)
years. The terms of the members now in office shall expire at
the end of the terms for which they were respectively elected.
At each of the municipal elections held in November, one
thousand nine hundred and forty-nine (1949), and in November,
one thousand nine hundred fifty-one (1951), two school directors
shall be elected. At the municipal election held in November,
one thousand nine hundred fifty-three (1953), one school
director shall be elected. At each of the first two municipal
elections thereafter, two school directors shall be elected.
At the third municipal election, one shall be elected.
Thereafter, two school directors shall be elected at each of
the two succeeding municipal elections, and one at each third
municipal election. All shall be elected at large, for terms
of six (6) years. Their terms of office shall begin on the first
Monday of December following their election.
Section 306. Elections Where District Not Coextensive With,
or in More than One City, Borough, Town or Township.--Whenever
any school district is not coextensive with a city, borough,
incorporated town, or township, the county commissioners shall
furnish the proper election officials with a certified list of
the qualified electors of such school district and with the
necessary ballots to enable such electors to vote on matters
pertaining solely to such school district. When such school
district lies in two or more cities, boroughs, incorporated
towns, or townships, or any combination thereof, the judge,
inspectors, and clerks of each election district within such
school district which lies in two or more cities, boroughs,
incorporated towns, and townships, or any combination thereof,
shall make out a complete return of all the votes given at any
election for officers in the school district, or for the
submission of any question to the electors of such district,
designating the number of votes cast for each person, and for
and against each question so submitted to the electors.
Whereupon, the judge and inspectors shall appoint one of their
number for return judge to meet the other return judge or judges
of the school district, on the second day after any such
election, at the oldest election place within the district or
at such place within the district as shall have been appointed
by the court of common pleas. The judges shall then and there
add together the number of votes cast for each person voted
for, and for and against any question submitted to the electors,
and shall make out the returns as the nature of the election
may require, complying in all respects with the provisions of
existing election laws. After the performance of such duties,
the return judges shall appoint one of their number, by consent
or lot, to deliver, within two days thereafter, the full returns
of the vote for officers, to the prothonotary of the court of
common pleas, and of the vote on questions submitted to
electors, to the clerk of the court of quarter sessions of the
proper county, in the manner now provided by law for making
township or borough returns. Such judges shall ascertain and
declare the result of such election and shall issue certificates

to persons elected to fill such offices, within five (5) days

after making such returns.
Section 307. Newly Formed Districts.--Where a new school
district of the first, second, or third class is formed by the
creation of a new city, borough or township, and where a new
school district of the third or fourth class is so formed and
is approved by the Council of Basic Education, the court of
common pleas having jurisdiction shall appoint a board of school
directors for such new school district, which shall serve until
the first Monday of December next following the first municipal
election occurring more than thirty (30) days after the
formation of such new school district.
(307 amended Oct. 21, 1965, P.L.601, No.312)
Section 308. Elections or Appointments in Newly Formed
Districts.--At the first municipal election occurring more than
thirty (30) days subsequent to the formation of such new school
district, a board of school directors for such district shall
be elected or appointed, as provided in this act. Such school
directors shall be elected or appointed for such terms that the
number and terms of those whose places are to be filled at each
succeeding municipal election shall be the same as the number
and terms of those whose places are filled at the corresponding
election in other school districts of the same class.
When two or more school districts are combined into a single
district as the result of State Board approval, the directors
then in office in each component school district shall, until
the end of their respective terms, be directors of the newly
formed school district. Vacancies occurring in such incumbent
positions shall not be filled. At the first municipal election
following the date of establishment of the new district and at
each subsequent municipal election, three directors shall be
elected at large for six year terms. Their term of office shall
begin on the first Monday of December following their election.
The school directors of the component districts of the new
district before the date of establishment or the board of school
directors after establishment, may, if they choose, develop a
plan to divide the new school district into three or nine
regions in the same manner as provided in section 303 of this
act.
(308 amended Dec. 7, 1965, P.L.1034, No.385)
Section 309. Change of Class of Districts.--If any school
district hereafter becomes a district of the first class, a new
board of school directors shall be appointed in the manner
provided in this act for the appointment of school directors
in districts of the first class. If any school district
hereafter becomes a district of any of the other classes and
the number of directors therein is increased, the additional
directors shall be appointed or elected as vacancies in the
board of directors are now filled and for terms corresponding
to those of directors in other school districts of the same
class. When the change reduces the number of directors in such
district, the school directors then in office shall hold office
during the respective terms for which they are elected, and as
vacancies are about to happen by the expiration of the terms
of any directors, a number of directors shall be elected at the
municipal election preceding such vacancies equal to the number
of directors required by law to be elected at the corresponding
election in other school districts of the same class.
Section 310. Annexation of Territory.--When territory
comprising a separate school district is annexed to a city, or
borough, or township, the terms of office of all the school
directors of such annexed territory shall expire at the

beginning of the first school year after such annexation is

effected, except the terms of the president and vice-president,
who shall hold office during the respective terms for which
they were elected.
(310 amended Mar. 11, 1957, P.L.6, No.2)
Section 311. Appointment or Election in Independent
Districts; Terms of Office.--(311 repealed Dec. 7, 1965,
P.L.1034, No.385)
Section 311.1. Appointment in Independent Districts for
Transfer Purposes; Terms of Office.--In the case of an
independent district established by court for purposes of
transfer to another school district subsequent to the passage
of this act, the court shall appoint a director or directors,
not to exceed three. The term of the directors so appointed
shall begin on the date of appointment and shall terminate on
the date the transfer to the receiving school district becomes
effective. If there reside in the territory of the independent
district one or more who are currently serving as school
directors, the court shall make its first appointments from
that group.
The directors so appointed shall have as their responsibility
the right and authority to represent the independent district
in all legal activities and conferences to properly effect the
transfer of the independent district to the receiving school
district.
(311.1 added Dec. 19, 1967, P.L.865, No.383)
Section 312. Union and Merged Districts.--(312 repealed
Dec. 7, 1965, P.L.1034, No.385)
Section 313. Merged Districts.--(313 repealed Jan. 18, 1952,
1951 P.L.2125, No.603)
Section 314. Two or More Persons Receiving Same Number of
Votes.--If at any election two (2) or more candidates for school
director receive the same number of votes for the same office,
the candidates receiving the same number of votes shall cast
lots before the county board of elections at twelve (12) o'clock
noon on the third Friday following the election, and the one
to whom the lot shall fall shall be entitled to the election.
In any case where the fact of a tie vote is not authoritatively
determined until the third Wednesday after the election, the
time for casting lots shall be twelve (12) o'clock noon of the
second day the fact of such tie is authoritatively determined.
If any candidate or candidates receiving a tie vote fail to
appear before twelve (12) o'clock noon of said day the county
board of elections shall cast lots for him or them. For the
purpose of casting lots any candidate may appear in person or
by proxy duly appointed in writing.
(314 amended Sept. 1, 1965, P.L.434, No.220)
Section 315. Filling of Vacancies.--In case any vacancy
shall occur in any board of school directors by reason of death,
resignation, removal from the district, or otherwise, such
vacancy shall, in a school district of the first class, be
filled for the unexpired term by the court of common pleas of
the county in which such school district is situated from the
qualified electors of the district; and in a school district
of the second, third, or fourth classes, the remaining members
of the board of school directors shall, by a majority vote
thereof, fill such vacancy from the qualified electors of the
district within thirty (30) days thereafter. In a district of
the second, third, or fourth class, the person selected to fill
such vacancy shall be a qualified elector of the district and
shall hold his office, if the term thereof so long continues,
until the first Monday of December after the first municipal

election occurring more than sixty (60) days after the vacancy
shall have occurred. At such election an eligible person shall
be elected for the remainder of the unexpired term. If, by
reason of a tie vote or otherwise, such vacancy shall not have
been filled by the board of school directors within thirty (30)
days after such vacancy shall have occurred from the qualified
electors of the district, the court of common pleas of the
proper county, upon the petition of ten or more resident
taxpayers, shall fill such vacancy by the appointment of a
suitable person from the qualified electors of the district if
the term of the vacant office so long continues, until the first
Monday of December after the first municipal election occurring
more than sixty (60) days after the vacancy shall have occurred.
At such election an eligible person shall be elected for the
remainder of the unexpired term. When any member of a board of
school directors heretofore or hereafter enlists or is inducted
into the military or naval forces of the United States in time
of war, or is called to active duty in the military or naval
forces of the United States, a temporary vacancy shall be
declared, which shall be filled by the remaining members of the
board or the court, as the case may be from the qualified
electors of the district, until the return of such member of
the board from the military or naval service, or until the
expiration of the term for which he shall have been elected,
whichever shall be the shorter period.
(315 amended June 26, 2014, P.L.785, No.74)
Section 316. Vacancies in Majority of Members.--In case
vacancies occur whereby the offices of a majority of the members
of any board of school directors, other than the board of school
directors of a school district of the first class or of the
first class A becomes vacant, such vacancies shall be filled
by the court of common pleas of the county in which such school
district is situated from the qualified electors of the
district. The persons selected to fill such vacancies shall
hold their offices, if the terms thereof continue so long, until
the first Monday in December after the first municipal election
occurring more than sixty (60) days after the vacancy shall
have occurred, at which election eligible persons shall be
elected for the remainder of the respective unexpired term.
(316 amended July 8, 1989, P.L.253, No.43)
Section 317. Vacancies in All Members.--If at any time
vacancies exist or occur in the membership of all the members
of any board of school directors in any school district, other
than a school district of the first class or of the first class
A, the court of common pleas of the county in which such
district, or the largest part in area thereof, is located,
shall, after ten (10) days from the time such vacancies exist
or occur, appoint a board of properly qualified persons from
the qualified electors of the district who shall serve, if the
terms thereof continue so long, until the first Monday in
December after the first municipal election occurring more than
sixty (60) days after the vacancy shall have occurred; at which
election a board of school directors for such district shall
be elected for the remainder of the respective unexpired term.
Whenever a vacancy of the entire membership of a board of school
directors in any school district of the fourth class occurs,
the executive director of the intermediate unit may enter and
take full charge of and, at the expense of the district,
maintain the schools thereof in accordance with the provisions
of the school laws of the Commonwealth, under the direction of
the Secretary of Education, and may continue in charge thereof

until a board of school directors has been appointed from the

qualified electors of the district and has qualified.
(317 amended July 8, 1989, P.L.253, No.43)
Section 318. Removal for Failure to Organize or Neglect of
Duty.--If the board of school directors in any district (1)
fail to organize as hereafter provided, or (2) refuse or neglect
to perform any duty imposed upon it by the provisions of this
act relating to school districts or (3) being a party to a joint
board agreement refuse or neglect to perform any duty imposed
upon it by the provisions of this act relating to joint boards
or by the joint board agreement, any ten resident taxpayers in
the district or, in the case of a distressed school district
as defined in this act, the special board of control provided
for in section 692 of this act, may present their or its
petition in writing, verified by the oath or affirmation of at
least three such resident taxpayers or, in the case of a
distressed school district, by the Superintendent of Public
Instruction, to the court of common pleas of the county in which
such district or the largest part in area is located, setting
forth the facts of such refusal or neglect of duty on the part
of such school directors. The court shall grant a rule upon the
school directors, returnable in not less than ten or more than
twenty days from the date of issue thereof, to show cause why
they should not be removed from office. The school directors
shall have at least five days' notice of the granting of the
rule. On or before the return day of the rule the school
directors, individually or jointly, shall file in writing their
answer or answers to the petition, under oath. If the facts set
forth in the petition, or any material part thereof, is denied,
the court shall hear the several parties on such matters as are
contained in the petition. If on such hearing, or if when no
answer is filed denying the facts set forth in the petition,
the court shall be of the opinion that any duty imposed on the
board of school directors, which is by the provisions of this
act made mandatory upon them to perform, has not been done or
has been neglected by them the court shall have power to remove
the board, or such of its number as in its opinion is proper,
and appoint for the unexpired terms other qualified persons in
their stead, subject to the provisions of this act.
The court shall impose the cost of such proceedings upon the
petitioners, or upon the school directors, or upon the school
district, or may apportion the same among them as it shall deem
just and proper.
Any person so removed from the office of school director
shall not be eligible again as school director for the period
of five (5) years thereafter.
(318 amended Dec. 15, 1959, P.L.1842, No.675)
Section 319. Vacancy where Director Fails to Qualify or
Attend Meetings.--If any person elected or appointed as school
director, who has been notified of his election or appointment,
shall refuse or neglect to qualify as such director, within ten
days next succeeding the beginning of his term of office, the
remaining members of the board may declare his office as
director vacant. His office shall be filled from the qualified
electors of the district.
If any person having qualified as school director and any
qualified school director who is a member of a joint board or
who is selected as a member of a joint school committee or who
is a member of a joint school committee by virtue of the
provisions of a joint board agreement shall neglect or refuse
to attend two successive regular meetings of the school board,
joint board or joint school committee, unless detained by

sickness, or prevented by necessary absence from the district,

or if in attendance at any meetings shall neglect or refuse to
act in his official capacity as a school director, the remaining
members of the board may declare his office as director vacant.
His office shall be filled from the qualified electors of the
district.
(319 amended Nov. 28, 1973, P.L.361, No.127)
Section 320. Notification of Election.--The number of votes
cast for the several candidates for school directors in all
school districts in this Commonwealth at any election shall be
returned by the election officers, as provided by law, and the
clerk, prothonotary, or other proper authority, shall, within
ten days thereafter, under seal of the court, certify the result
of the election to each candidate duly elected, and a duplicate
copy of each such certificate shall be mailed to the president
of the board of school directors in the district in which such
person or persons were elected.
Section 321. Compensation; Oath of Office.--All persons
elected or appointed as school directors shall serve without
pay except as hereinafter provided. Before entering upon the
duties of their office each shall take and subscribe to the
following oath or affirmation, which may be administered by any
one qualified to administer an oath, or as hereinafter
provided:-I do solemnly swear (or affirm) that I will support, obey
and defend the Constitution of the United States and the
Constitution of this Commonwealth, and that I will discharge
the duties of my office with fidelity.
(321 amended Nov. 22, 1968, P.L.1079, No.331)
Section 322. Eligibility; Incompatible Offices.--Any citizen
of this Commonwealth, having a good moral character, being
eighteen (18) years of age or upwards, and having been a
resident of the district for at least one (1) year prior to the
date of his election or appointment, shall be eligible to the
office of school director therein: Provided, That any person
holding any office or position of profit under the government
of any city of the first class, or the office of mayor, chief
burgess, county commissioner, district attorney, city, borough,
or township treasurer, member of council in any municipality,
township commissioner, township supervisor, tax collector,
assessor, assistant assessor, any comptroller, auditor,
constable, executive director or assistant executive director
of an intermediate unit, supervisor, principal, teacher, or
employe of any school district, shall not be eligible as a
school director in this Commonwealth. This section shall not
prevent any district superintendent, assistant district
superintendent, supervisor, teacher, or employe of any school
district, from being a school director in a district other than
the one in which he is so employed, and other than in a district
with which the district in which he is employed operates a joint
school or department. Provided, however, That a joint school
or department does not include a vocational school, intermediate
unit or community college: And provided further, That a school
director who is a supervisor, principal, teacher or employe of
a vocational school, intermediate unit or community college
shall not serve as a member of a board of the vocational school,
intermediate unit or community college in which he is a
supervisor, principal, teacher or employe: And provided further,
That a school director who is a supervisor, principal, teacher
or employe of a vocational school, intermediate unit or
community college, shall not be assigned to a position of
employment under the supervision of the district in which he

or she serves as a member of the board of school directors. A

school director shall not be eligible to the office of member
of council in any municipality.
(322 amended May 11, 1982, P.L.396, No.115 and repealed in
part June 26, 1989, P.L.47, No.10)
Compiler's Note: Section 4 of Act 2 of 1980, which amended
section 3222, provided that the actions of any school
director who held an incompatible office or employment
at the same time he or she held the office of school
director are hereby validated. Any person who is a school
director on the effective date of this act and who holds
an office or employment that was incompatible therewith
prior to this amendatory act but which is not
incompatible after passage of this amendatory act may
continue to hold the office of school director.
Section 5 of Act 2 of 1980 provided that Act 2 shall take
effect immediately and shall be retroactive to February
1, 1980.
Section 323. Ineligibility.--Any person who has held any
office of trust or profit under the laws of the United States
or of this Commonwealth, or in any county, city, borough,
incorporated town, or township therein, and has been removed
therefrom for any malfeasance in office, shall not be eligible
to the office of school director.
Section 324. Not to be Employed by or do Business with
District; Exceptions.--(a) No school director shall, during
the term for which he was elected or appointed, as a private
person engaged in any business transaction with the school
district in which he is elected or appointed, be employed in
any capacity by the school district in which he is elected or
appointed, or receive from such school district any pay for
services rendered to the district except as provided in this
act: Provided, That one who has served as a school director for
two consecutive terms, of six years each, may be elected to the
position of attorney or solicitor for the board of which he was
a member by the unanimous vote of all the other members of the
board, and, after resigning his office as school director, shall
be entitled to receive such pay for his services as solicitor
as the board of school directors may determine: Provided,
however, That a school director may be appointed to the position
of secretary to the board of a school district of the second
class, of which he was a member during the term for which he
was elected or appointed upon the unanimous consent of all the
other members of the board after resigning his office as school
director, and he shall be entitled to receive such pay for his
services as secretary as the board of school directors shall
determine: And provided further, That one who has served as a
school director may, after resigning from office as a school
director, be elected to the position of teacher by the board
of which he was a member by a vote of at least two-thirds of
all other members of the board and shall be entitled to receive
such pay for his services as a teacher as the board of school
directors may lawfully determine.
(b) No school board shall draw, cause to be drawn or accept
a specification for any item to be purchased by the school
district that would limit the purchase of the item to the firm,
corporation, partnership or other business entity of which a
school director is an officer, agent or employe and exclude all
other persons who could submit quotations or bid on an
equivalent item.
(c) It shall not be a violation of this section for a school
district to contract for the purchase of goods or services from

a business with which a school director is associated to the

extent permitted by and in compliance with 65 Pa.C.S. Ch. 11
(relating to ethics standards and financial disclosure).
(324 amended June 22, 2001, P.L.530, No.35)
Section 325. Offering Bribes; Penalty.--Every person who
shall, individually or by or through any agent or
representative, directly or indirectly, promise, pay, or give
to any school director in this Commonwealth, any sum of money
or other valuable thing, or make any promise of any office or
appointment of any kind, in order to influence or secure the
voting for, or the appointment of, himself, or any other person,
as a teacher, executive director or assistant executive director
of an intermediate unit, district superintendent, assistant
superintendent, tax collector, attendance officer, or to any
other position connected with the public schools of this
Commonwealth, or for the purpose of having his salary increased
while holding any appointment under the provisions of this act,
shall be guilty of a misdemeanor, and on conviction thereof,
shall be sentenced to pay a fine of not less than five dollars
($5) or more than five hundred dollars ($500), or be sentenced
to the county jail for not less than thirty (30) days or more
than one year, or both, at the discretion of the court. Any
person so convicted shall thereafter be ineligible to be engaged
as a teacher or to hold any office or appointment provided for
by the provisions of this act.
(325 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 326. Receiving Bribes; Penalty.--Any school director
in this Commonwealth who shall, directly or indirectly, accept
or receive any money or other valuable thing for voting for or
against, or for withholding his vote for or against, any
appointment or matter or action that may come before the board
or any committee thereof, or before any convention of school
directors of which he is a member, shall be guilty of a
misdemeanor, and on conviction thereof shall forfeit his office
and shall not be eligible again to hold office of any kind
provided for in this act, and shall be sentenced to pay a fine
of not less than five dollars ($5) or more than five hundred
dollars ($500), or to undergo imprisonment in the county jail
for a term of not less than thirty (30) days or more than one
year, either or both, as the court may determine.
Section 327. Demanding, etc., Gratuities from Teachers or
Supervisors; Withholding State Appropriation.--It shall be
unlawful for any board of school directors to demand, request,
or accept, directly or indirectly, any gift or donation from
any teacher or supervisor within its employ. When the
Superintendent of Public Instruction shall be of the opinion
that any board of school directors has violated the provisions
of this section, he shall have the power to refuse to authorize
the payment of any amount payable to the school district by the
Commonwealth on account of instruction for the school year in
which such violation occurred.
(327 added May 14, 1949, P.L.1365, No.408)
ARTICLE IV.
ORGANIZATION MEETINGS AND OFFICERS
OF BOARDS OF SCHOOL DIRECTORS.
(a)
Section 401.
Meetings.--

General Provisions.

Beginning of School Year; Organization

(a) In all school districts of the first class the school

year shall begin on the first day of January of each year and
the school directors shall meet and organize annually during
the second week of November.
(a.1) In all school districts of the first class A, the
school directors shall meet and organize annually during the
first week of December. ((a.1) added Aug. 5, 1977, P.L.178,
No.46)
(b) In all school districts of the second, third, and fourth
class, except as hereinafter provided, the school year shall
begin on the first day of July of each year and the school
directors shall meet and organize annually during the first
week of December.
(c) When a new school district is created, or when the
offices of all the school directors of a district become vacant,
the school directors appointed by the court, in any such case,
shall meet and organize within ten days after their appointment.
(d) When two or more school districts are consolidated in
any manner provided in this act and under the provisions of
this act the members of the boards of directors of the
respective districts continue in office during the respective
terms for which they were elected and become the school
directors of the consolidated district, they shall organize
during the first week of July following such consolidation by
electing a president and vice-president who shall hold their
respective offices until the first Monday of December following
their election, and by the election of a secretary for the
consolidated district who shall serve for the remainder of the
term for which secretaries are elected, and by the election of
a treasurer for the consolidated district who shall hold office
for the school year.
(401 amended Dec. 14, 1967, P.L.837, No.363)
Section 402. Notice of Organization Meetings; Temporary
Officers; etc.--All members of the board of school directors
in every school district shall be given five days' notice, by
mail, by the secretary of the retiring board, of the time and
place of meeting for organization, at which time and place, if
a majority are present, an organization shall be effected as
follows: In districts of the first class there shall be elected
from the hold-over members a temporary president and secretary;
and in all other school districts there shall be elected from
the hold-over members a temporary president, and the secretary
of the board shall act as secretary of such meeting. The
certificates of the election or appointment of all new school
directors shall be read, and a list of the legally elected or
appointed and qualified school directors prepared. If any of
the members have not taken and subscribed to the oath of office
required by this act, the same may be administered to them by
the temporary president.
Section 403. Districts First Class and First Class A
Permanent Organization; Election of Officers.--In all school
districts of the first class or first class A, the school
directors shall effect a permanent organization by electing a
president and vice-president from their members, and a secretary
who is not a member. They shall elect the treasurer of the city
constituting all or the greater part of such school district
of the first class or first class A as the school treasurer for
such school district for the ensuing fiscal year.
The school treasurer of each school district of the first
class or first class A may recommend to the board of public
education for appointment, a deputy school treasurer. The board
of public education shall appoint as deputy school treasurer

the candidate recommended by the school treasurer, who, in case

of death, resignation, or inability of the school treasurer to
act, for any cause whatsoever, shall have the same powers and
shall perform the same duties as imposed by law on the school
treasurer. In case the school treasurer does not recommend to
the board of public education for appointment a deputy school
treasurer, the board of public education may elect a deputy
school treasurer who shall serve until such time as the school
treasurer recommends to the board of public education the
appointment of a deputy school treasurer. The salary of the
deputy school treasurer shall be fixed by the board of public
education. He shall furnish bond in the sum of ten thousand
dollars ($10,000).
(403 amended June 2, 1965, P.L.86, No.59)
Section 404. Districts Second, Third and Fourth Class
Permanent Organization; Election of Officers.--In each school
district of the second, third and fourth class, the school
directors shall effect a permanent organization by electing,
during the first week of December, from their members, a
president and vice-president, each to serve for one year, and
shall annually, during the month of May, elect a treasurer to
serve for one year, beginning the first day of July following
such election, and shall, during the month of May, one thousand
nine hundred and fifty-three, and every four years thereafter,
elect a secretary for a term of four years, beginning the first
day of July following such election. The treasurer may be any
corporation duly qualified and legally authorized to transact
a fiduciary business in the Commonwealth. Vacancies in the
office of secretary shall be filled for the unexpired term. In
school districts of the second class the secretary and treasurer
shall not be members of the board. In districts of the third
and fourth class they may be members of the board. The same
person shall not hold at the same time more than one of the
offices of president, vice-president, secretary or treasurer
of any board of school directors.
No superintendent, assistant superintendent, supervising
principal, or teacher shall serve, either temporarily or
permanently, as an officer of the school board by which he is
employed.
(404 amended Dec. 14, 1967, P.L.837, No.363)
Section 405. President or Secretary Pro Tempore.--In the
absence of both the president and vice-president, or of the
secretary, the board of school directors may elect a president
or secretary pro tempore for such meeting only, and the
appointment of such temporary officer shall be noted on the
minutes of such meeting.
Section 406. Solicitor and Other Appointees.--Each board
of school directors may appoint a solicitor, such assistant
solicitors and such other appointees, clerks or employes as it
may deem proper, none of whom, except as provided in section
three hundred twenty-four of this act, shall be a member of the
board, and shall define their duties and fix their salaries.
(406 amended July 31, 1968, P.L.1019, No.300)
Section 407. Rules and Regulations.--Each board of school
directors may adopt reasonable rules and regulations for its
government and control.
Section 408. Records, etc., Open to Taxpayers.--The accounts
and records of proceedings of the board of every school district
of the third and fourth class and of their officers shall be
open to the inspection of any taxpayer thereof, his, her, or
its agents or representative, upon request therefor, in writing,
to the board of school directors at a regular meeting.

Section 409. Payment of Premiums on Officers' Bonds by

School Districts.--When any officer or employe of any school
district shall be required to give a bond for the faithful
performance of his duties and such bond shall be required to
be endorsed by a surety company, it shall be lawful for the
school district to pay the premium on such bond.
(b)

Meetings.

Section 421. Times and Places.--Each board of school

directors in this Commonwealth shall have specified times and
places at which it shall hold its meetings, and shall during
the school term meet at least once every two months. The
meetings for organization, and meetings provided for by any
board of school directors at stated times at which such board
is required to meet, or any adjournment thereof, shall be called
"regular meetings," and all other meetings shall be called
"special meetings."
Section 422. Quorum; Filling Vacancies.--A majority of the
members of a board of school directors shall be a quorum. If
less than a majority is present at any meeting, no business
shall be transacted at such meeting, but the members present
may adjourn to some stated time: Provided, That if there shall
be a minority of the board present, because a majority of the
seats are vacant, then in such case the minority members at any
such meeting may fill vacancies in the manner provided in this
act.
Section 423. Special Meetings.--Members shall have
reasonable notice of all special meetings, and any board may
adopt reasonable rules directing the kind and length of notice
of the meetings of the board that shall be given to its members
by the secretary.
No business shall be transacted at any special meeting except
that named in the call sent to the members for such special
meeting: Provided, That special meetings may be called for
general purposes.
Section 424. Meetings Open to Public.--(424 repealed Sept.
28, 1959, P.L.987, No.403)
(c)

President and Vice-President.

Section 426. President to Preside; Calling Special

Meetings.--The president shall preside at all meetings. He may
call special meetings at any time. He shall call a special
meeting whenever so requested, in writing, by any three members
of the board of school directors. Should he fail or refuse so
to do, a special meeting may be called at any time by a majority
of the legally qualified and acting members of the board.
Section 427. Duties of President.--The president shall be
the executive officer of the board of school directors, and as
such he, together with the secretary, when directed by the
board, shall execute any and all deeds, contracts, warrants to
tax collectors, reports, and other papers pertaining to the
business of the board, requiring the signature of the president.
In school districts other than in school districts of the first
class he shall, after the board has acted on and approved any
bill or account for the payment of money authorized by this
act, sign an order on the treasurer for the payment of the same.
He shall in no case, except as this section otherwise provides,
sign any order for any sum unless the same has first been acted
upon and approved by the board, and the amount thereof and the
name of the payee properly inserted. Any orders which shall be

for the payment of amounts owing under any contracts which shall
previously have been approved by the board, and by the prompt
payment of which the district will receive a discount or other
advantage, may be signed without the approval of the board first
having been secured. All such orders shall be presented to the
board at its next meeting. The president shall perform such
other duties as the board may direct and as pertain to his
office.
Section 428. Duties of Vice-President.--In the absence of
the president the vice-president shall preside at all meetings,
call special meetings whenever so requested by any three members
of the board of directors, and when directed by the board shall
execute any and all deeds, contracts, warrants to tax collectors
and other papers pertaining to the business of the board, and
perform all other duties imposed on the president. Except in
school districts of the first class any school board, joint
board or joint committee upon request of the president may
authorize its vice-president to sign checks or vouchers for the
payment of current expenses and salaries.
(428 amended Aug. 2, 1955, P.L.294, No.109)
(d)

Secretary.

Section 431. Bond.--Before he enters upon the duties of his

office the secretary of the board of school directors shall
furnish to the school district, for the faithful performance
of his duties, a bond, in such amount and with such surety or
sureties as may be required of him, and approved by the board
of school directors. The cost of such bond may be paid for by
the school district. In lieu of furnishing a surety bond, the
secretary may file his own collateral bond, in such amount as
may be required by the board of school directors, secured by
an actual deposit with the board of school directors, or with
any bank or trust company within the Commonwealth which may be
agreed upon, of any of the securities which depositories may
use to secure the deposit of school funds as herein provided.
The total market value of the securities, thus deposited, shall
equal the amount of the collateral bond. Such collateral bond
shall be conditioned upon the faithful performance of his duties
as secretary. The securities, thus deposited, shall constitute
a trust fund to be available for the satisfaction of any
liability accruing upon the collateral bond.
The securities shall be accompanied by a proper assignment
or power of attorney for their transfer. Such trust deposit,
in the event of any depreciation in its value, shall be
maintained, upon request in writing of the board of school
directors, at the amount provided therein. The board of school
directors may permit the secretary to substitute for any one
or more bonds or obligations included in any such securities,
other bonds or obligations that meet the requirements of this
act.
Section 432. Compensation.--The secretary of the board of
school directors may receive for his services such compensation
as the board shall fix, the amount of which shall be reported
annually to the Superintendent of Public Instruction and be
printed in his report.
Section 433. Duties.--The secretary of the board of school
directors shall perform the following duties:
(1) He shall keep a correct and proper record of all the
proceedings of the board, and shall prepare such reports and
keep such accounts as are required by the provisions of this
act;

(2) He shall after the board has acted on and approved any
bill or account for the payment of money authorized by this
act, prepare and sign an order on the treasurer for the payment
of the same. He may prepare and sign orders on the treasurer
for the payment of amounts owing under any contracts which shall
previously have been approved by the board, and by the prompt
payment of which the district will receive a discount or other
advantage, without the approval of the board first having been
secured;
(3) He shall attest, in writing, the execution of all deeds,
contracts, reports, and other instruments that are to be
executed by the board;
(4) He shall furnish, whenever requested, any and all
reports concerning the school affairs of the district, on such
form, and in such manner, as the State Board of Education or
the Superintendent of Public Instruction may require; ((4)
amended Oct. 21, 1965, P.L.601, No.312)
(5) He shall have general supervision of all the business
affairs of the school district, subject to the instructions and
direction of the board of school directors;
(6) He shall be the custodian of all the records, papers,
office property, and official seal of the school district, and
at the expiration of his term shall turn the same over to his
successor;
(7) He shall keep correct accounts with each receiver of
taxes, school treasurer, or school tax collector of the
district, reporting a statement of the same, together with a
statement of the finances of the district, at each regular
meeting of the board, which statement shall be entered in full
upon the minutes;
(8) He shall perform such other duties pertaining to the
business of the district as are required by this act or as the
board of school directors may direct.
Section 434. Assistant Secretary.--Every board of school
directors may, by resolution, appoint an assistant secretary
who shall, in the absence or disability of the secretary,
perform the duties and exercise the powers of the secretary.
The assistant secretary may be appointed from the membership
of the board of school directors but shall not be any other
officer thereof, shall not receive compensation for such
services and shall be bonded.
(434 added July 13, 1961, P.L.591, No.289)
(e)

Treasurer.

Section 436. Bond.--Every person elected treasurer of any

school district, including the city treasurer elected as
treasurer of a school district of the first class, shall, before
entering upon the duties of his office, furnish to the school
district a proper bond, in such amount and with such corporate
surety as the board of school directors therein may approve,
conditioned for the faithful performance of his duties as school
treasurer. If any school treasurer is re-elected, he shall
furnish a new bond for each year. The treasurer's bond may be
paid for by the school district. In lieu of furnishing such a
bond, the treasurer may file his own collateral bond, in such
amount as may be required by the board of school directors,
secured by an actual deposit with the board of school directors,
or with any bank or trust company within the Commonwealth which
may be agreed upon, of any of the securities which depositories
may use to secure the deposit of school funds as herein
provided. The total market value of the securities, thus

deposited, shall equal the amount of the collateral bond. Such

collateral bond shall be conditioned upon the faithful
performance of his duties as treasurer. The securities, thus
deposited, shall constitute a trust fund to be available for
the satisfaction of any liability accruing upon the collateral
bond. The securities shall be accompanied by a proper assignment
or power of attorney for their transfer. Such trust deposit,
in the event of any depreciation in its value, shall be
maintained, upon request in writing of the board of school
directors, at the amount provided therein. The board of school
directors may permit the treasurer to substitute for any one
or more bonds or obligations included in any such securities,
other bonds or obligations that meet the requirements of this
act.
The school treasurer shall not enter upon the duties of his
office until his bond, with the proper corporate surety or
securities, has been furnished to, and approved by, the board
of school directors.
(436 amended Aug. 19, 1953, P.L.1153, No.314)
Section 437. Audit of Accounts.--The accounts of the school
treasurer shall be audited annually as hereinafter provided.
Section 438. Compensation.--School treasurers shall be paid
such compensation as the boards of school directors of the
respective districts may determine. In all school districts of
the second, third, and fourth class such compensation or
commission shall not exceed two per centum of the amount of
funds paid out on school orders. No compensation shall be
allowed to any school treasurer on account of any balance in
his hands paid over to his successor, nor for the repayment of
any loan or redemption of bonds, whether upon order or
otherwise. The compensation received by each school treasurer
for the preceding year shall be reported annually to the
Superintendent of Public Instruction, and be printed in his
report.
Section 439. Receipt and Payment of School Funds.--The
treasurer of each school district shall receive all State
appropriations, district school taxes, and other funds belonging
to the school district, and make payments out of the same on
proper orders approved by the board of school directors, signed,
except in districts of the first class, by the president, and,
in any school district of the first class by the secretary. The
treasurer may pay out such funds on orders which have been
prepared and signed by the secretary, and in school districts
other than in school districts of the first class, signed by
the president, without the approval of the board first having
been secured, for the payment of amounts owing under any
contracts which shall previously have been approved by the
board, and by the prompt payment of which the district will
receive a discount or other advantage. In all school districts
of the first class, all school orders before being paid by the
school treasurer shall be approved by the school controller of
such district.
Section 440. Deposit of Funds; Monthly Reports.--The
treasurer of each school district shall deposit the funds
belonging to the school district in the school depository, if
any, as directed by the board of school directors, and shall
at the end of each month make a report to the school controller,
if any, and to the secretary of the board of school directors,
of the amount of funds received and disbursed by him during the
month. All deposits of school funds by any school treasurer
shall be made in the name of the school district.

Section 440.1. Investment of School District

Funds.--(a) The board of school directors in any school
district of the first class, first class A, second, third or
fourth class shall invest school district funds consistent with
sound business practice.
(b) The board of school directors shall provide for an
investment program subject to restrictions contained in this
act and in any other applicable statute and any rules and
regulations adopted by the board.
(c) Authorized types of investments for school district
funds shall be:
(i) United States Treasury bills.
(ii) Short-term obligations of the United States Government
or its agencies or instrumentalities.
(iii) Deposits in savings accounts or time deposits or share
accounts of institutions insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance
Corporation or the National Credit Union Share Insurance Fund
to the extent that such accounts are so insured, and, for any
amounts above the insured maximum, provided that approved
collateral as provided by law therefore shall be pledged by the
depository.
(iv) Obligations of the United States of America or any of
its agencies or instrumentalities backed by the full faith and
credit of the United States of America, the Commonwealth of
Pennsylvania or any of its agencies or instrumentalities backed
by the full faith and credit of the Commonwealth, or of any
political subdivision of the Commonwealth of Pennsylvania or
any of its agencies or instrumentalities backed by the full
faith and credit of the political subdivision.
(v) Shares of an investment company registered under the
Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. 80a-1
et seq.), whose shares are registered under the Securities Act
of 1933 (48 Stat. 74, 15 U.S.C. 77a et seq.): Provided, That
the following are met:
(A) Only investments of that company are in the authorized
investments for school district funds listed in clauses (i)
through (iv) and repurchase agreements fully collateralized by
such investments.
(B) The investment company is managed so as to maintain its
shares at a constant net asset value in accordance with 17 CFR
270 2a-7 (relating to money market funds).
(C) The investment company is rated in the highest category
by a nationally recognized rating agency.
((c) amended June 30, 1995, P.L.220, No.26)
(d) In making investments of funds, the board shall have
authority:
(i) To permit assets pledged as collateral under subsection
(c)(iii), to be pooled in accordance with the act of August 6,
1971 (P.L.281, No.72), relating to pledges of assets to secure
deposits of public funds.
(ii) To combine moneys from more than one fund under school
district control for the purchase of a single investment,
provided that each of the funds combined for the purpose shall
be accounted for separately in all respects and that the
earnings from the investment are separately and individually
computed and recorded, and credited to the accounts from which
the investment was purchased.
(e) Any such purchase or sale shall be made by the treasurer
of the school district on a resolution adopted by the board of
school directors.
(440.1 amended July 1, 1981, P.L.200, No.62)

Section 441. Settlement of Accounts.--The school treasurer

shall settle his accounts annually with the board of school
directors for each school year.
Section 442. Other Duties; Payment of Balance to
Successor.--The school treasurer shall perform such other acts
and duties pertaining to the district as the board of school
directors may direct, or as may be required of him by law, and
at the end of his term the school treasurer shall promptly pay
over to his successor in office the balance of any and all money
remaining in his hands, and shall deliver to him all books,
accounts, and other property of the school district.
Section 443. Embezzlement; Penalty.--Any school treasurer
who converts to his own use in any way whatsoever, or uses by
way of investment, any portion of the school funds or school
property entrusted to him for safekeeping or disbursement, or
proves to be a defaulter, or fails to pay a proper school
warrant when properly presented, or when legally required to
do so, or fails to pay said funds or any part thereof to his
successor in office, or to any other person authorized to demand
and receive the same, or receives and accepts for his own use
any interest or profit on any school funds, or fails to account
for and pay over to the proper school district any and all
interest or profit collected by or paid to him on account of
any school funds in his hands, or deposited by him, or deposits
any of the funds of the school district in any other name in
the name of the school district, shall be guilty of embezzlement
of so much of said money as shall thus be taken, converted,
invested, accepted, collected, used, not paid over, unaccounted
for, or wrongfully deposited. Every school treasurer, and every
person aiding or abetting, or being in any way an accessory to
said acts, or any of them, shall be guilty of a misdemeanor,
and on conviction thereof, shall be sentenced to pay a fine for
the use of the school district of not less than twenty-five
dollars ($25), and not more than one thousand dollars ($1000),
or be sentenced to undergo imprisonment of not less than thirty
(30) days, nor more than five (5) years, either or both, at the
discretion of the court. Any school treasurer so convicted shall
forfeit his office.
ARTICLE V.
DUTIES AND POWERS OF BOARDS OF
SCHOOL DIRECTORS.
Section 501. Elementary Schools.--(a) The board of school
directors in every school district shall establish, equip,
furnish, and maintain a sufficient number of elementary public
schools, in compliance with the provisions of this act, to
educate every person, residing in such district, between the
ages of six and twenty-one years, who may attend.
(b) A board of school directors may satisfy the requirement
set forth in subsection (a) by any of the following:
(1) Operating a school building.
(2) Converting a school building to a charter school
pursuant to section 1717-A, provided that a school district in
financial recovery status or in receivership under Article VI-A
that seeks to convert a school building to a charter school
shall comply with the provisions of section 642-A(2).
(3) Contracting with an education management service
provider to operate a school building. For purposes of this
paragraph, "education management service provider" shall mean
a for-profit education management organization, nonprofit
charter management organization, school design provider,

business manager or any other partner entity with which a school

district contracts to provide educational design, business
services, comprehensive management or personnel functions. The
term shall not include a charter school foundation.
(4) Paying tuition for students residing in the school
district to attend school in another school district upon the
agreement of both school districts.
(501 amended July 12, 2012, P.L.1142, No.141)
Section 502. Additional Schools and Departments.--In
addition to the elementary public schools, the board of school
directors in any school district may establish, equip, furnish,
and maintain the following additional schools or departments
for the education and recreation of persons residing in said
district, and for the proper operation of its schools, namely:-High schools,
Trade schools,
Vocational schools,
Technical schools,
Cafeterias,
Agricultural schools,
Evening schools,
Kindergartens,
Libraries,
Museums,
Reading-rooms,
Gymnasiums,
Playgrounds,
Schools for physically and mentally handicapped,
Truant schools,
Parental schools,
Schools for adults,
Public lectures,
Such other schools or educational departments as the
directors, in their wisdom, may see proper to establish.
Said additional schools or departments, when established,
shall be an integral part of the public school system in such
school district and shall be so administered.
No pupil shall be refused admission to the courses in these
additional schools or departments, by reason of the fact that
his elementary or academic education is being or has been
received in a school other than a public school.
(502 amended May 9, 1949, P.L.939, No.263)
Section 502.1. Establishment of Independent Schools.--(a) A
school district may, upon approval of the board of school
directors, designate any school of the district as an
independent school operating under an agreement with the board
of school directors that grants operational control to the
governing body of the independent school. The governing body
of the independent school, including its composition, membership
and selection process, shall be established by the board of
school directors. The governing body shall include
representatives of parents and teachers. The board of school
directors shall consider recommendations from teachers or
parents regarding the composition of the governing body. Teacher
representatives shall be selected by a vote of teachers employed
in the school being designated as an independent school. The
governing body of a school designated as an independent school
under this section shall have the authority to decide all
matters related to the operation of the school pursuant to the
agreement established in subsection (b).
(b) The agreement between the board of school directors and
the governing body of the independent school shall:

(1) Describe the governance structure of the independent

school.
(2) Prescribe the educational goals and mission of the
independent school and the curriculum to be offered.
(3) Describe the academic, fiscal and other goals and
objectives for which the independent school will be held
accountable and the evaluation criteria and procedures that
will be employed to determine if that school is meeting its
goals and objectives.
(4) Grant the independent school allocation of, and control
over, its funding and budget. The independent school's funding
shall be determined by the agreement.
(5) Grant the independent school control of its educational
program and curriculum.
(6) Prescribe the authority of the independent school to
establish working conditions, select and assign professional
and nonprofessional employes, including authority to apply
section 1724-A as it pertains to certification, establish
nonteaching duties, extend the length of the school year and
schedule of the school day, including holding class after
regular hours.
(7) Define the terms by which the agreement may be
terminated, modified, extended or renewed.
(8) An independent school agreement shall be for a period
of no less than three (3) nor more than five (5) years and may
be renewed for five (5) year periods upon reauthorization by
the board of school directors.
(c) Employes assigned to an independent school shall be
employes of the school district.
(d) Independent schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753,
771, 776, 777, 808, 809, 810, 1006, 1109, 1111, 1112(a), 1310,
1317, 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A, 1513,
1517, 1518, 1521, 1523, 1547, 2014-A, 2513, Article XI except
as limited by subsection (b)(6), Article XII except as limited
by subsection (b)(6), and Articles XIII-A and XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), referred to as the Higher Education Scholarship Law.
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
The following provisions of 22 Pa. Code:
Chapter 4 (relating to academic standards and assessment).
Section 4.4 (relating to general policies).
Section 4.26 (relating to ESOL).
Chapter 11 (relating to pupil attendance).
Chapter 12 (relating to students).
Chapter 14 (relating to special education services and
programs).
Chapter 16 (relating to special education for gifted
students).
Section 32.3 (relating to assurances).

Section 121.3 (relating to discrimination prohibited).

Section 235.4 (relating to practices).
Section 235.8 (relating to civil rights).
(e) Nothing in this section shall be construed to supersede
or preempt any provisions of a collective bargaining agreement
in effect on the effective date of this act.
(f) The department may award planning grants for the
conversion of schools to independent schools. The total amount
of grants awarded shall be limited to funds appropriated for
this purpose. Grant applications shall be filed in accordance
with procedures developed by the department. ((f) amended June
29, 2002, P.L.524, No.88)
(502.1 added May 17, 2001, P.L.4, No.4)
Section 503. Kindergartens.--The board of school directors
in any school district may establish and maintain kindergartens
for children between the ages of four and six years. When
established, the kindergartens shall be an integral part of the
elementary school system of the district, and be kept open for
not less than two and one-half hours each day for the full
school term as provided in section 1501.
The number of kindergartens in any one district shall be
fixed by the board of school directors, and shall be open during
the school year.
If the average attendance in any one kindergarten in any
district is ten or less for the school year, the school
directors shall, at the close of the school year, discontinue
the same.
The board of school directors shall appoint and assign a
sufficient number of teachers to such kindergartens, who shall
be certified in accordance with the rules and regulations
prescribed by the Council of Basic Education. (Par. amended
Oct. 21, 1965, P.L.601, No.312)
(503 amended Sept. 21, 1959, P.L.925, No.373)
Section 504. Cafeterias.--(a) The board of school directors
in any school district shall have power to establish, equip,
maintain, and operate cafeterias, or to contract for any
services necessary for the operation of a food service program,
in any of the schools under its jurisdiction, whenever in its
judgment it is deemed advisable to do so, and shall have power
to appoint such directors, supervisors, or other employes as
are necessary, and set and pay their salaries.
(b) The cost of housing, equipping and operating such
cafeterias may be charged against the funds of the school
district.
(c) The food served shall be sold to the pupils, teachers,
and school employes of the cafeterias at such price as will not
materially exceed the cost of operation.
(d) It shall be legal for boards of school directors to
authorize the proper school employe to purchase perishable food
supplies for cafeterias without advertising for bids.
(e) There shall be a separate cafeteria fund, and all
payments from said fund shall be made upon a special order drawn
by the school employe authorized to purchase food supplies.
Said employe shall present each month to the board of directors,
for approval, a statement of receipts and expenditures.
(f) The accounts shall be subject to examination by the
auditors of the school district in like manner as other accounts
of the school district. Any balance of funds accruing from the
operation of the cafeteria must be used only for the improvement
or maintenance of the cafeteria and may not be used for other
purposes.
(504 amended July 1, 1978, P.L.575, No.105)

Section 504.1. Competitive Food or Beverage Contracts.--(a)

(1) A board of school directors of a school district or any
of the schools under its jurisdiction shall not enter into an
exclusive competitive food or beverage contract unless the board
of school directors provides reasonable public notice or holds
a public hearing about the contract.
(2) As used in this subsection, "reasonable public notice"
shall mean providing notice to parents or guardians utilizing
normal school communication procedures at least 30 days prior
to the board of school directors or any of the schools under
its jurisdiction entering into an exclusive competitive food
or beverage contract, which notice includes guidance for parents
or guardians on how to offer public comment regarding the
contract.
(b) A board of school directors or any of the schools under
its jurisdiction shall not enter into any contract prohibiting
a school district employe from disparaging the goods or services
of the party contracting with the board of school directors or
any of the schools under its jurisdiction.
(c) (1) No contract entered into under this section may
include a confidentiality clause prohibiting a board of school
directors or any of the schools under its jurisdiction from
making any part of the contract public.
(2) A contract entered into or renewed under this section
shall be made accessible to the public pursuant to section 2
of the act of June 21, 1957 (P.L.390, No.212), referred to as
the Right-to-Know Law.
(d) The board of school directors shall report the amounts
and specific sources of funds received and the nature of
expenditures made from funds received from a competitive food
or beverage contract at a regularly scheduled board meeting, a
public hearing or on the school district's Internet website.
(e) The board of school directors may post signs publicly
expressing the school district's appreciation of a business or
person that supports the school district's educational programs.
(f) As used in this section, the term "competitive food or
beverage" means any food or beverages offered or sold in
competition with reimbursable meals served under the National
School Lunch or School Breakfast Program.
(504.1 added July 11, 2006, P.L.1092, No.114)
Compiler's Note: The act of June 21, 1957 (P.L.390, No.212),
referred to as the Right-to-Know Law, referred to in
subsec. (c)(2), was repealed by the act of Feb. 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
Section 505. Establishment and Maintenance of Consolidated
Schools.--The board of directors of any school district may
establish, equip, furnish, and maintain consolidated schools
formed by uniting two or more public schools, which prior to
such union were maintained in separate buildings, and after
such union are maintained in one school organization taught by
two or more teachers. The board of school directors may
transport pupils to and from such schools as provided for by
this act.
(505 amended Oct. 21, 1965, P.L.601, No.312)
Section 506. Duty to Consolidate Schools.--Whenever graded
schools can be made to accommodate the pupils of one or more
one room schools by consolidating said one room school or
schools with another school, either graded or ungraded, it shall
be the duty of the board of school directors to abandon the one
room school or schools, and instead of repairing or rebuilding
the one room schoolhouse or schoolhouses, they shall erect a

suitable modern building for the purpose of consolidating and

properly grading all of the schools. No pupil of the abandoned
schools shall be required to walk more than a mile and a half
to the new school building.
Section 507. General Powers; Taxation.--In order to
establish, enlarge, equip, furnish, operate, and maintain any
schools or departments herein provided, or to pay any school
indebtedness which any school district is required to pay, or
to pay any indebtedness that may at any time hereafter be
created by any school district, or to enable it to carry out
any provisions of this act, the board of school directors in
each school district is hereby vested with all the necessary
authority and power annually to levy and collect, in the manner
herein provided, the necessary taxes required, in addition to
the annual State appropriation, and shall have, and be vested
with, all necessary power and authority to comply with and carry
out any or all of the provisions of this act. In the case of a
school district of the first class, the duties imposed by this
section shall apply to a city of the first class that is
coterminous with a school district of the first class.
(507 amended Apr. 27, 1998, P.L.270 No.46)
Section 508. Majority Vote Required; Recording.--The
affirmative vote of a majority of all the members of the board
of school directors in every school district, duly recorded,
showing how each member voted, shall be required in order to
take action on the following subjects:-Fixing length of school term.
Adopting textbooks.
Appointing or dismissing district superintendents, assistant
district superintendents, associate superintendents, principals,
and teachers.
Appointing tax collectors and other appointees.
Adopting the annual budget.
Levying and assessing taxes.
Purchasing, selling, or condemning land.
Locating new buildings or changing the locations of old ones.
Dismissing a teacher after a hearing.
Creating or increasing any indebtedness.
Adopting courses of study.
Establishing additional schools or departments.
Designating depositories for school funds.
Entering into contracts of any kind, including contracts for
the purchase of fuel or any supplies, where the amount involved
exceeds one hundred dollars ($100).
Fixing salaries or compensation of officers, teachers, or
other appointees of the board of school directors.
Entering into contracts with and making appropriations to
the intermediate unit for the district's proportionate share
of the cost of services provided or to be provided for by the
intermediate unit.
Failure to comply with the provisions of this section shall
render such acts of the board of school directors void and
unenforcible.
(508 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 509. Supervision over Schools; Visitation.--(509
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 510. Rules and Regulations; Safety Patrols.--The
board of school directors in any school district may adopt and
enforce such reasonable rules and regulations as it may deem
necessary and proper, regarding the management of its school
affairs and the conduct and deportment of all superintendents,
teachers, and other appointees or employes during the time they

are engaged in their duties to the district, as well as

regarding the conduct and deportment of all pupils attending
the public schools in the district, during such time as they
are under the supervision of the board of school directors and
teachers, including the time necessarily spent in coming to and
returning from school.
In the exercise of this authority the board of school
directors is empowered to organize school safety patrols and,
with the permission of the parents, to appoint pupils as members
thereof, for the purpose of influencing and encouraging the
other pupils to refrain from crossing public highways at points
other than at regular crossings, and for the purpose of
directing pupils not to cross highways at times when the
presence of traffic would render such crossing unsafe. Nothing
herein contained shall be construed to authorize or permit the
use of any safety patrol member for the purpose of directing
vehicular traffic, nor shall any safety patrol member be
stationed in that portion of the highway intended for the use
of vehicular traffic. No liability shall attach either to the
school district, or any individual director, superintendent,
teacher, or other school employe, by virtue of the organization,
maintenance, or operation of a school safety patrol organized,
maintained, and operated under authority of this section.
All flags, belts, apparel and devices issued, supplied or
furnished to persons acting in the capacity of special school
police, or special police appointed to control and direct
traffic at or near schools, in order to enhance the conspicuity
of such persons, shall be made from retro-reflective and
fluorescent materials visible both day and night at three
hundred (300) feet to approaching motorists using lawful low
beam headlights and shall conform to standards, specifications,
or regulations issued by the State Board of Education. All belts
supplied or furnished to pupils active in the capacity of school
safety patrol members shall be fluorescent.
(510 amended June 29, 1976, P.L.450, No.110)
Section 510.1. Special School Watchmen-School Districts in
Townships of the Second Class.--The board of school directors
of school districts in townships of the second class may, by
resolution, appoint and fix the salary of special school
watchmen, who shall have the duty of patrolling school grounds
and protecting school property.
(510.1 added Jan. 14, 1952, 1951 P.L.2031, No.569)
Section 511. School Athletics, Publications, and
Organizations.-(a) The board of school directors in every school district
shall prescribe, adopt, and enforce such reasonable rules and
regulations as it may deem proper, regarding (1) the management,
supervision, control, or prohibition of exercises, athletics,
or games of any kind, school publications, debating, forensic,
dramatic, musical, and other activities related to the school
program, including raising and disbursing funds for any or all
of such purposes and for scholarships, and (2) the organization,
management, supervision, control, financing, or prohibition of
organizations, clubs, societies and groups of the members of
any class or school, and may provide for the suspension,
dismissal, or other reasonable penalty in the case of any
appointee, professional or other employe, or pupil who violates
any of such rules or regulations.
(b) Any school or any class activity or organization
thereof, with the approval of the board, may affiliate with any
local, district, regional, State, or national organization whose

purposes and activities are appropriate to and related to the

school program.
(b.1) Private schools shall be permitted, if otherwise
qualified, to be members of the Pennsylvania Interscholastic
Athletic Association except that private schools located in
cities of the second class which are members of the Pennsylvania
Interscholastic Athletic Association shall, if they so elect,
be assigned to a district or section outside of the geographical
boundary of the second class city but contiguous thereto, and
shall participate in Pennsylvania Interscholastic Athletic
Association sponsored athletic contests in that section. The
association shall not prohibit a private school from being a
member solely on the grounds that the coach or a member of the
coaching staff of any athletic team is not a teacher, or
professional employe, either full-time or part-time, at such
private school, except that this provision shall not apply to
coaches or members of the coaching staff initially employed
after January 1, 1965. ((b.1) amended June 26, 1974, P.L.370,
No.125)
(c) The board of school directors may (1) permit the use
of school property, real or personal, for the purpose of
conducting any activity related to the school program, or by
any school or class organization, club, society, or group, (2)
authorize any school employe or employes to manage, supervise
and control the development and conduct of any of such
activities, (3) employ or assign any school employe to serve
in any capacity in connection with any of such activities.
(d) Notwithstanding the use of school property or personnel,
it shall be lawful for any school or any class or any
organization, club, society, or group thereof, to raise, expend,
or hold funds, including balances carried over from year to
year, in its own name and under its own management, under the
supervision of the principal or other professional employe of
the school district designated by the board. Such funds shall
not be the funds of the school district but shall remain the
property of the respective school, class, organization, club,
society, or group. The treasurer or custodian of such funds
shall furnish to the school district a proper bond, in such
amount and with such surety or sureties as the board shall
approve, conditioned upon the faithful performance of his duties
as treasurer or custodian. The premium of such bond, if any,
shall be paid from the fund or funds secured thereby or from
the funds of the school district, at the discretion of the
board. The treasurer or custodian shall be required to maintain
an accounting system approved by the board, shall deposit the
funds in a depository approved by the board, shall submit a
financial statement to the board quarterly or oftener, at the
direction of the board, and shall submit the accounts to be
audited in like manner as the accounts of the school district.
(e) All purchases of materials or supplies made by any
organization, club, society or group or by any school or class
shall be made by the purchaser in accordance with the
requirements of section 807.1. ((e) amended June 29, 2002,
P.L.524, No.88)
(f) The board of school directors of any district is hereby
authorized to appropriate any monies of the district for the
payment of medical and hospital expenses incurred as a result
of participation in such athletic events or games, practice or
preparation therefor, or in transportation to or from such
athletic events or games, or the practice or preparation
therefor, and for the purchase of accident insurance in

connection with such participation and transportation. ((f)

added Apr. 22, 1949, P.L.726, No.178)
(511 amended Apr. 14, 1949, P.L.460, No.85)
Section 512. Advertising for Bids in Trade Journals.--(512
repealed July 9, 1976, P.L.877, No.160)
Section 513. Group Insurance Contracts.--(a) Any school
district may make contracts of insurance with any insurance
company, or nonprofit hospitalization corporation, or nonprofit
medical service corporation, authorized to transact business
within the Commonwealth, insuring its employes, their spouses
and dependents and retired employes, or any class or classes
thereof, under a policy or policies of group insurance covering
life, health, hospitalization, medical service, or accident
insurance, and may contract with any such company granting
annuities or pensions, for the pensioning of such employes, and
may contract with any such company insuring members of the
school board under policies of travel and accident insurance
while on the official business of the board, including travel
to and returning from meetings of the board or committees
thereof, and for such purposes may agree to pay part or all of
the premiums or charges for carrying such contracts, and may
appropriate out of its treasury any money necessary to pay such
premiums or charges or portions thereof. No contract or
contracts of insurance authorized by this section shall be
purchased from or through any person employed by the school
district in a teaching or administrative capacity. ((a) amended
July 24, 1970, P.L.611, No.204)
(b) The board of school directors is hereby authorized to
deduct from the employe's pay, salary, or compensation, such
part of the premium as is payable by the employe and as may be
so authorized by the employe in writing.
(b.1) (1) School districts, intermediate units and area
vocational-technical schools shall give employes and their
dependents, upon the employe's retirement, the option of
continuing coverage in the group health plan to which they
belonged as employes.
(2) Notwithstanding the provisions of Title XXII of the
Public Health Service Act (58 Stat. 682, 42 U.S.C. 300 bb-1
et seq.) and amendments thereto, annuitants of the Public School
Employees' Retirement System may continue to purchase that
coverage after retirement, as defined in paragraph (4), until
sixty-five years of age or until they are covered by another
plan. An annuitant who is eligible to be covered as an employe
or dependent by any other employer-provided health plan shall
not be eligible for coverage in the school unit's health plan:
Provided, however, That such annuitant shall be eligible for
reinstatement in the school unit's health plan whenever such
alternate coverage ceases.
(3) Purchase of the coverage provided for in this subsection
shall equal the cost of the program for active employes and
dependents plus an additional two per centum.
(4) For purposes of this section, an annuitant shall mean
a member of the Public School Employees' Retirement System who
has taken superannuation retirement, has retired with thirty
(30) or more years of credited service or has taken disability
retirement.
(5) Qualifying annuitants who retired from the school entity
prior to July 1, 1989, or subsequent to that date shall be
eligible for continuing coverage under the school unit's group
health plan. No qualifying annuitant, however, may purchase
such coverage until July 1, 1989. Annuitants shall be required

to comply with the following conditions in order to purchase

continuing coverage as provided in this section:
(i) Annuitants who retired prior to July 1, 1989, shall,
within sixty (60) days of the effective date of this act, be
notified by the Public School Employees' Retirement System of
their entitlement to purchase continuing medical coverage as
provided herein. Within forty-five (45) days from the date of
such notice, annuitants who elect to purchase continuing
coverage shall provide written notification to the school unit
from which they retired of their decision to enroll in its
health plan.
(ii) Annuitants who retire after July 1, 1989, shall, within
sixty (60) days of their retirement, be notified by the school
unit to which they belonged at the time of retirement of their
entitlement to purchase continuing medical coverage as provided
herein. Within forty-five (45) days from the date of such
notice, annuitants who elect to purchase continuing coverage
shall provide written notification to the school unit of their
decision to enroll in the health plan to which they belonged
at the time of retirement.
(iii) The school unit shall be responsible for providing
annuitants with written notification of deadlines for payment
of premiums. Failure to pay prescribed premiums and fees, as
provided in this section, in not less than sixty (60) days from
the date of notice, shall automatically terminate eligibility
of an annuitant to participate in the health care plan:
Provided, however, That nothing in this subsection shall
prohibit the reinstatement of persons into the health plan in
accordance with procedures established by the school unit,
consistent with policies of the provider of the health plan.
(6) School districts, intermediate units and area
vocational-technical schools shall report annually to the
Department of Education the increased costs resulting
exclusively from the inclusion of qualified annuitants and their
dependents in the entity's group health plan, for the purpose
of evaluating the feasibility of future Commonwealth funding.
((b.1) amended July 8, 1989, P.L.253, No.43)
(c) All contracts procured hereunder shall conform and be
subject to all the provisions of any existing or future laws
concerning group insurance and group annuity contracts.
(d) Nothing contained in this section shall be construed
to repeal any act of Assembly now providing for the granting
of pensions or retirement remuneration to any of the employes
of any school district.
Section 514. Removal of Officers, Employes, etc.--The board
of school directors in any school district, except as herein
otherwise provided, shall after due notice, giving the reasons
therefor, and after hearing if demanded, have the right at any
time to remove any of its officers, employes, or appointees for
incompetency, intemperance, neglect of duty, violation of any
of the school laws of this Commonwealth, or other improper
conduct.
On the removal by the board of school directors of any
officer, employe, or appointee, such officer, employe, or
appointee shall surrender and deliver to the secretary, or other
person designated by the board, any and all papers, property,
and effects of the school district in his hands at the time of
such removal.
Section 515. Rights and Powers Preserved.--In every school
district the board of school directors shall continue to have
and possess, all the powers, rights, and privileges, not
inconsistent with this act, which boards of school directors,

boards of school controllers, or boards of public education,

in its respective district, lawfully had on the eighteenth day
of May, one thousand nine hundred eleven.
Section 516. State Convention or Association; Delegates;
Expenses; Membership.--The board of school directors or the
board of public education of any school district may appoint
one or more of its members, its non-member secretary, if any,
and its solicitor, if any, as delegates to any State convention
or association of school directors, held within the
Commonwealth. It shall be the duty of such delegates to attend
the meetings of such convention or association, and each
delegate so attending shall be reimbursed for travel, travel
insurance, lodging, meals, registration fees and other
incidental expenses necessarily incurred. Any such board may
become a member of the Pennsylvania School Boards Association,
Inc., and may pay, out of the school funds of the district, any
membership dues which may be assessed by the association at any
State convention of school directors to defray the necessary
expenses of maintaining the association and of holding the
convention. Such expenses shall be paid by the treasurer of the
school district, in the usual manner, out of the school funds
of the district, upon the presentation of an itemized, verified
statement of such expenses.
(516 amended Aug. 13, 1963, P.L.768, No.385)
Section 516.1. Expenses for Attendance at Meetings of
Educational or Financial Advantage to District.--When, in the
opinion of the board of school directors or of the board of
public education, attendance of one or more of its members and
of its non-member secretary, if any, and of its solicitor, if
any, at any meeting held within the Commonwealth (other than
annual State conventions of school directors) or the attendance
of one or more of its members and of its non-member secretary,
if any, and of its solicitor, if any, at the annual convention
of the National School Boards Association or any other
educational convention, will be of educational or financial
advantage to the district, it may authorize the attendance of
any of such persons at such meeting within the Commonwealth and
at the annual convention of the National School Boards
Association or any other educational convention, wherever held,
not exceeding two meetings in any one school year in addition
to annual or special conventions of the intermediate unit. Each
person so authorized to attend and attending shall be reimbursed
for all expenses actually and necessarily incurred in going to,
attending and returning from the place of such meeting,
including travel, travel insurance, lodging, meals, registration
fees and other incidental expenses necessarily incurred. Actual
travel expenses shall be allowed. All such expenses shall be
itemized and made public at the next meeting of the board. Such
expenses shall be paid by the treasurer of the school district
in the usual manner out of the funds of the district, upon
presentation of an itemized verified statement of such expenses:
Provided, That advanced payments may be made by the proper
officers of the district upon presentation of estimated expenses
to be incurred, to be followed by a final itemized, verified
statement of such expenses actually incurred upon return from
such conventions, and a refund be made to the district of such
funds remaining or an additional payment be made to meet the
verified expenses actually incurred.
Each member of an intermediate unit board of directors shall
be reimbursed by the intermediate unit and each member of a
school district board of directors shall be reimbursed by the
school district for mileage and for all expenses actually and

necessarily incurred in attending meetings, conventions and

other functions of and on behalf of the intermediate unit or
the school district provided that reimbursement for attendance
at meetings called by the intermediate unit board of directors
shall not exceed an average of four (4) per month per annum and
provided that reimbursement for attendance at meetings called
by the district board of directors shall not exceed an average
of four (4) per month per annum.
(516.1 amended June 18, 1982, P.L.539, No.155)
Section 517. Attendance of Superintendents, etc., at
Educational Conferences, and of Pupils at State Farm Show, etc.;
Expenses.--The board of school directors of each district may
authorize the attendance of the superintendent and such other
members of the teaching and supervisory staff of such districts
as they may specify, at any educational conference or
conferences, when in the opinion of the board, such attendance
will be conducive to the best interests of the district. Each
person so authorized to attend and attending shall be reimbursed
for all necessary traveling and hotel expenses actually
incurred. The board of school directors may also authorize the
transportation of pupils to the State Farm Show and to other
exhibitions and places of interest, when their attendance at
the same is deemed of educational value to such pupils, and may
pay the expenses of such pupils, in whole or in part, from the
funds of the district. Such expenses shall be paid by the
treasurer of the school district, in the usual manner, out of
the school funds of the district, upon the presentation of an
itemized, verified statement of such expenses.
The board of school directors of each district may reimburse
any principal, supervising principal, school nurse, teacher or
other employe for necessary traveling expenses incurred in the
furthering of the educational program of the school district:
Provided, That prior authorization to incur said expenses shall
have been previously given by the board of school directors:
Provided further, That advanced payments may be made by the
proper officers of the district upon presentation of estimated
expenses to be incurred, to be followed by a final itemized,
verified statement of such expenses actually incurred upon
return from such conventions, and a refund be made to the
district of such funds remaining or an additional payment be
made to meet the verified expenses actually incurred.
(517 amended Sept. 2, 1961, P.L.1203, No.529)
Section 518. Retention of Records.--Every board of school
directors shall retain as a permanent record of the district,
the minute book, each annual auditor's report, and each annual
financial report. All other financial records of the district,
including financial account books, orders, bills, contracts,
invoices, receipts, and purchase orders shall be retained by
the district for a period of not less than six years. Records
may be retained as recorded or copied in accordance with 53
Pa.C.S. Ch. 13 Subch. F (relating to records).
(518 amended June 29, 2002, P.L.524, No.88)
Section 519. Copies of School Laws.--The Superintendent of
Public Instruction shall send to each member of every board of
school directors in the State, a bound copy of each new edition
of the School Laws, as soon as possible after the same shall
have been published.
Section 520. Temporary Emergency War Provisions.--(a)
Whenever, during the continuance of any war in which this Nation
is or may become engaged, it shall be found as a fact by the
board of school directors of any school district and so recorded
on the minutes of a regular or special meeting of such board

and certified to the Department of Public Instruction, that the

normal operation of the schools, as required by this act, in
respect to any of the matters hereinafter set forth, shall
interfere with the prosecution of such war, such board of school
directors shall have power to put into operation in such school
district any one or more temporary emergency war provisions
authorized by this act, but in no event longer than for a period
of one year after the cessation of the hostilities of such war.
((a) amended Jan. 14, 1970, 1969 P.L.468, No.192)
(b) Subject to the foregoing provisions, any board of school
directors may-(1) Keep the schools of the district in session such days
and number of days per week as they shall deem necessary or
desirable, but the provisions of this act requiring a minimum
of one hundred eighty (180) session days as a school year shall
not be affected thereby;
(2) Extend the length of the school days in such manner as
to make it possible to complete and to accredit a calendar day
as a full school day and a fractional portion of an additional
school day;
(3) Suspend temporarily the regular session of any class
or classes, or close temporarily any school or all the schools
of the district as an emergency war measure, or when the
Governor by proclamation so directs. The days on which the
regular sessions of classes or schools are so suspended or
closed shall be recorded and credited as if they were days
taught: Provided, That in no instance shall the session so
suspended or closed exceed thirty school days during any school
term for any pupil except by special wartime emergency
proclamation by the Governor;
(4) Adjust the assignment and reassignment of teachers in
such fields, subjects, schedules and semesters or other periods
of work and in such schools as their preparation, experience
and certification may qualify them. No such temporary emergency
assignment or reassignment shall reduce the annual compensation
any teacher receives at the time of such assignment or
reassignment, nor shall the emergency assignment, reassignment
or the return to the original type of assignment when the
emergency has ended be deemed to be a demotion under the tenure
provisions of this act;
(5) Grant farm and conservation employment permits to pupils
who have attained the age of fourteen years and have completed
the sixth grade or equivalent thereof, and to enable group
participation by pupils regularly enrolled in schools in
seasonal farm and conservation activities. The word
"conservation" as used in this clause shall mean the conserving,
preserving, guarding or protecting of crops, forests and rivers;
(6) Accept the certification of the family physician of any
child as satisfactory proof of suitable physical condition for
the issuance of any farm or conservation permit granted during
the period of emergency;
(7) Make such arrangements for extending the use of school
buses or other school transportation facilities as may seem
desirable for the transportation of teachers, as well as pupils,
or for otherwise furthering the war and civilian defense effort;
(8) Provide, in lieu of pupil transportation required by
law, tuition to a school in another district, when educational
facilities can thus be made available, without requiring such
pupils to walk more than two miles to the school to which the
pupil has been assigned. The above provisions shall also apply
in any case where the Department of Public Instruction
determines that a revision of existing transportation practices

will result in the more economical use of school facilities and

the conservation of transportation equipment;
(9) Obtain the full State subsidy provided for fully and
regularly certificated teachers when, at the request of the
responsible school district, the Superintendent of Public
Instruction has issued to a teacher temporarily employed, a
special emergency wartime certificate to teach in the subject
or field for which wartime emergency conditions make it
necessary to employ such teacher. ((9) amended Jan. 14, 1970,
1969 P.L.468, No.192)
Section 520.1. Temporary Emergency
Provisions.--(a) Whenever an emergency shall arise which the
board of school directors of any school district in the
performance of its duties could not anticipate or foresee, and
which emergency shall result in any such school district being
unable to provide for the attendance of all pupils during the
prescribed length of school days, number of days per week, or
usual hours of classes, it shall be found as a fact by the
school directors of any school district and so recorded on the
minutes of a regular or special meeting of such board and
certified to the Superintendent of Public Instruction, and such
board of school directors, subject to the approval of the
Superintendent of Public Instruction, shall have power to put
into operation in such school district any one or more of the
temporary provisions hereinafter provided for, but in no event
shall such temporary provisions remain in effect for a period
of more than four years after they are first put into effect.
(b) Subject to the foregoing provisions, any board of school
directors may:
(1) Keep the schools of the district in session such days
and number of days per week as they shall deem necessary or
desirable, but the provisions of this act requiring a minimum
of one hundred eighty (180) session days as a school year shall
not be affected thereby.
(2) Reduce the length of time of daily instruction for
various courses and classes.
(c) Any school district, by invoking the powers herein
granted, shall not thereby forfeit its right to reimbursement
by the Commonwealth or other State-aid as otherwise provided
for by this act.
(520.1 added Jan. 14, 1952, 1951 P.L.1940, No.541)
Section 521. Joint Action with Other Political
Subdivisions.--Each board of school directors shall have power
to enter into agreements with other political subdivisions, in
accordance with existing laws, in making joint purchases of
materials, supplies, or equipment, and in performing
governmental powers, duties, and functions, and in carrying
into effect provisions of law relating to said subjects, which
are common to all such political subdivisions.
Section 522. Payments of Salaries of Professional Employes
Granted Leaves of Absence as Exchange Teachers Authorized;
Rights Preserved.--Any board of public education or board of
school directors of any school district or vocational school
district of this Commonwealth is hereby authorized to pay any
professional employe the salary he would be entitled to if
teaching in the school district from which he is granted a leave
of absence to serve as an exchange teacher in any foreign
country or territory or possession of the United States of
America.
Any professional employe, while on leave as an exchange
teacher, shall be considered to be in regular full-time daily
attendance in the position from which the leave was granted,

during the period of said leave, for the purpose of determining

the employe's length of service, the right to receive increments
as provided by law, and the right to make contributions as a
member of the Public School Employees' Retirement Fund and
continue his or her membership therein, the right to service
credits toward the time necessary for a sabbatical leave for
health or a leave of absence for professional development, and
the right to accumulate days of leave on account of illness or
accidental injury.
(522 amended June 28, 1996, P.L.430, No.66)
Section 522.1. Payments of Contributions to the School
Employes' Retirement Fund on Account of School Employes on
Approved Leaves of Absence for Professional Study Authorized;
Service Credits.--Any school employe who has been granted a
leave of absence, approved by the board of school directors,
for professional study shall be considered to be in regular
full-time daily attendance in the position from which the leave
was granted during the period of said leave for the purpose of
determining the employes length of service and right to make
contributions as a member of the School Employes' Retirement
Fund and continue his or her membership therein: Provided, That
if the employe does not return to the employment of the school
district for a period of at least one year the contributions
made by and on behalf of the employe during the period of the
leave of absence shall be refunded.
(522.1 amended July 29, 1965, P.L.255, No.147)
Section 522.2. Classroom Occupational Exchange.--A board
of school directors may grant a leave of absence to a
professional employe for the purpose of acquiring practical
work experience in business, industry or government in
accordance with the conditions and provisions set forth in
section 1166.1 of this act. Persons on classroom occupational
exchange shall be considered in full-time daily attendance in
the position from which the leave was granted, during the period
of said leave, for the payment of compensation by the school
district and for the purpose of determining the employe's length
of service, the right to receive increments as provided by law
and the right to make contributions as a member of the Public
School Employees' Retirement Fund and continue membership
therein. The business, industry or government to whom the
employe is assigned during the period of the classroom
occupational exchange shall fully compensate the employe's
school employer for all salary, wages, pension and retirement
contributions and other benefits as if the school employe were
in full-time active service.
(522.2 added June 28, 1996, P.L.430, No.66)
Section 523. Educational Broadcasting.-(a) The State Board of Education shall adopt and amend,
when necessary, a State Plan for Educational Broadcasting. The
State plan shall provide for the development of educational
broadcasting facilities in the Commonwealth and shall define
educational broadcasting service areas which shall be served
by specified broadcasting centers. The Department of Education
shall promulgate regulations to implement the State plan. Prior
to adoption or amendment of the State plan, the board shall
submit the plan to the Pennsylvania Public Television Network
Commission and receive its comments thereon. ((a) amended Nov.
2, 1973, P.L.321, No.103)
(b) The board of school directors of any school district
may enter into an agreement or agreements with one or more
school districts and/or intermediate units and/or with other
educational institutions or agencies and/or with non-profit

organizations for the joint operation of an educational

television and/or radio station. In the case where the members
of the board of school directors and/or intermediate unit board
of directors are members of any non-profit community corporation
holding a valid Federal Communications Commission broadcasting
license for a television and/or radio station, these non-profit
community corporations which are a part of the State Plan for
Educational Broadcasting, may enter into contracts with the
State Public School Building Authority for the purpose of
constructing, improving, maintaining, operating, furnishing and
equipping these educational broadcasting facilities as a part
of the public school system of the Commonwealth of Pennsylvania.
((b) amended Jan. 14, 1970, 1969 P.L.468, No.192)
(c) The board of school directors of any school district
and any intermediate unit board of directors may enter into an
agreement or agreements with one or more school districts and/or
intermediate unit boards of directors and/or other educational
institutions or agencies and/or non-profit or commercial
organizations for broadcasting. ((c) amended Jan. 14, 1970,
1969 P.L.468, No.192)
(d) The Department of Public Instruction may enter into
agreements with educational or commercial radio and/or
television networks or stations, non-profit organizations radio
and/or television production centers, or any intermediate units,
school district or districts for the purpose of educational
broadcasting. ((d) amended Jan. 14, 1970, 1969 P.L.468, No.192)
(e) The Department of Public Instruction and boards of
school directors of any school district or intermediate units,
or both, may contract for educational broadcasts for children
or adults, using State funds or State-administered Federal funds
appropriated for that purpose, or private grants or gifts. ((e)
amended Jan. 14, 1970, 1969 P.L.468, No.192)
(f) In accordance with the State plan for educational
broadcasting, the Department of Public Instruction may establish
and/or operate a broadcasting station and/or purchase, produce
and/or contract to purchase or produce tapes, films and/or
recordings for educational broadcasting.
(523 amended Sept. 12, 1961, P.L.1272, No.558)
Section 524. The board of school directors of any school
district, including merged or union districts, and any boards
of school directors establishing any joint school or department,
shall not close any school or department during the school term,
unless such action shall advance the orderly development of
attendance areas within an approved administrative unit and has
been approved by the Department of Public Instruction. In the
event a school board shall determine prior to the beginning of
the next school term to close any school or department, sixty
(60) days' notice, in writing, prior to the closing of any
school or department, shall be given to all temporary
professional and professional employes affected thereby, unless
such action shall advance the orderly development of attendance
areas within an approved administrative unit and has been
approved by the Department of Public Instruction. Upon failure
to give written notice of intention to close any school or
department, the school district shall pay such employes their
salaries until the end of the school year during which such
schools or departments were closed. (Par. amended Jan. 14, 1970,
1969 P.L.468, No.192)
Temporary professional or professional employes, whose
positions are abolished as a result of the action of the board
of school directors in closing a school or department, or
reassigning pupils in its effort to consummate partially or

wholly the orderly development of approved administrative and

attendance areas, may not be suspended until the end of the
school year if such action is taken during the school year or
later than sixty (60) days prior to the opening of the next
school term.
The payment of salary to any temporary professional or
professional employe shall be discontinued immediately, if such
employe obtains other employment which, in the judgment of the
board of school directors, could not have been obtained or held
if such school or department had not been closed: Provided,
however, That if the salary in the new position is less than
the salary the professional employe would have received had he
remained in the employment of the school district, the school
district shall be liable for the difference.
(524 amended Oct. 21, 1965, P.L.601, No.312)
Section 525. Establishment and Operation of Educational
Television and Broadcasting Facilities.--Whenever funds become
available from any source whatever for the purpose of (1)
establishing and where necessary operating such pilot
educational television projects, (2) purchasing, producing and
contracting for the purchase or production of tapes, films and
recordings for educational broadcasting, (3) making special
grants to school districts, county boards of school directors
and State colleges for educational broadcasting services
procured by them where it is determined by the Department of
Public Instruction that the awarding of such special grants
will materially encourage the use of educational television
facilities, (4) establishing educational television facilities
in accordance with the State plan for educational broadcasting,
and (5) establishing network facilities to link educational
broadcasting facilities as may be required by the State plan
for educational broadcasting or any of these purposes, the
Department of Public Instruction may expend such funds for such
purpose or purposes in amounts to be determined by the
Department of Public Instruction in accordance with policies
approved by the State Board of Education. This section shall
not be construed to authorize the expenditure of any State funds
for such purposes unless specifically appropriated by the
General Assembly.
(525 amended Oct. 21, 1965, P.L.601, No.312)
Section 526. Funds for Traffic Control Devices.--The board
of directors of any school district acting alone or with another
district or districts, may contribute funds to another political
subdivision for the erection and maintenance of stop and go
signal lights, blinkers or other like traffic control devices.
(526 added Dec. 1, 1965, P.L.1002, No.369)
Section 527. Drug Law Convictions.--(a) Any employe,
professional or otherwise, of a school district, intermediate
unit or area vocational-technical school who is convicted of
delivery of a controlled substance or convicted of possession
of a controlled substance with the intent to deliver, as
prohibited by the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act,"
shall be terminated from his or her employment with the school
entity. The governing body of the school entity shall enforce
this section.
(b) Notwithstanding any other provisions of this act, any
person subject to this section who, while employed in a public
or private school, intermediate unit or area
vocational-technical school, is convicted of any of the offenses
enumerated in subsection (e) of section 111 of this act shall
be immediately terminated from such employment.

(527 amended Dec. 19, 1990, P.L.1362, No.211)

ARTICLE VI.
SCHOOL FINANCES.
(a)

General Provisions.

Section 601. Information to Incoming Directors for Tax Levy

and Budget.--The board of school directors of every school
district shall annually, through its proper officers, furnish
to the incoming board of school directors all necessary
information and such detailed statements as may be needed by
it to provide for the annual tax levy and to prepare the annual
estimate of expenditures.
Section 602. Tax Levies.--All taxes required by any school
district, in addition to the State appropriation, shall be
levied by the board of school directors therein.
Section 603. Only One Annual Tax Levy.--There shall be but
one levy of school taxes made in each school district in each
year, which shall be assessed, levied, and collected for all
the purposes provided in this act, and shall be uniform
throughout the territorial limit of each school district, except
that those school taxes which school districts are empowered
to levy under the authority of the act of June 25, 1947
(P.L.1145), as amended, may be levied at any time during the
period authorized for the assessment and levy of any school
taxes: Provided, That (1) where two or more school districts
have voted to become a union school district in accordance with
the provisions of this act and prior to the actual creation of
the union school district, the school board members by a
majority vote of all the members comprising said school boards
shall assess and levy a uniform school tax in all of the
districts comprising said union school district for general
revenue purposes necessary to operate said union school district
commencing the first day of July following the vote establishing
said union district, and (2) whenever hereafter a school
district of the second, third, or fourth class shall be annexed
to and merged in, and become a part of a school district of the
first class or first class A, or shall be merged into and become
a part of a school district of the first class A as a
reorganized district under the provisions of Article II,
subdivision (i) of this act, the board of public education of
said school district of the first class or first class A shall
have power to levy a special school tax on the territory which
comprised said annexed and merged school district or on the
territory which comprised the school district into and becoming
a part of a school district of the first class A as a
reorganized district, to provide for the expense and maintenance
of the schools thereof from the end of the school year of said
annexed and merged or merged by force of reorganization school
district to the beginning of the next school year in said school
district of the first class or first class A, and to provide
for and pay the floating indebtedness of said annexed and merged
or merged by force of reorganization school district. Said levy
shall not exceed one-half of the last previous total annual
millage levied by said school district of the first class or
first class A.
(603 amended June 2, 1965, P.L.86, No.59 and Sept. 1, 1965,
P.L.433, No.218)
Section 604. Property Acquired by State for Water
Conservation or Flood Prevention.--Whenever the Commonwealth
of Pennsylvania shall, for the purpose of conservation of water

or to prevent flood conditions, acquire any lands and property

within the limits of any school districts, and shall, by such
acquisition, reduce the amount of property within the district
taxable for school purposes, the board of school directors shall
immediately after such acquisition certify to the Auditor
General and to the Superintendent of Public Instruction the
assessed valuation of such lands and property at the time of
such acquisition.
After any such acquisition the board of directors shall from
year to year, at the time of its annual levy of taxes for school
purposes, certify to the Auditor General and Superintendent of
Public Instruction the rate of its levy for the next school
year. Thereupon, the Superintendent of Public Instruction shall
ascertain the amount of taxes which would have been collected
upon the assessed valuation, certified as hereinbefore provided,
at the rate of the levy so certified. Upon the ascertainment
of such amount, the same shall be paid by the Commonwealth from
time to time from the general fund.
Section 605. Affidavit of Uncollectability of Taxes on Real
Property.--Each certificate which any collector of school taxes
makes of delinquent school taxes, levied upon real estate upon
which there is no personal property from which the same can be
collected, shall be accompanied by the affidavit of the tax
collector that, after the proper efforts, he could not find
sufficient personal property out of which the taxes or any part
thereof could be made or collected as provided by law. Such
affidavit shall be conclusive as to that fact in so far as it
may affect the lien of said taxes or the title of a purchaser
at a sheriff's sale thereunder. In the event any such collector
shall make any wilfully false return he shall be liable therefor
to any person or persons injured thereby.
Section 606. Collection of Taxes Where New District
Created.--In case a new school district is created after taxes
have been assessed and levied in the district out of which it
is partly or wholly created, but before the beginning of the
school year therein, then, in such cases, all the taxes assessed
and levied in said year by the board of school directors, on
the property or residents within the limits of the new school
district, shall be collected by the tax collector of the
district out of which the new district was created, and all
such taxes collected on property or from residents within the
limits of a new school district shall be paid over by him to
the treasurer of such new school district.
Section 607. Payments; How Made; Limitations.--All payments
made by the board of school directors of any school district
from the school funds shall be made by proper school orders
drawn on the treasurer. No school order shall be authorized by
the board, or signed by the president or secretary of any board
of school directors, unless there are sufficient funds in the
treasury of the district to pay the same, and no school order
shall be made payable at any time in the future, or draw
interest. A separate school order shall be drawn for each
account or payment: Provided, That the monthly payroll of
teachers, janitors, or other employes may be included on one
or more orders, which may be made payable to the order of such
person or persons, and distributed in such manner as the board
of school directors in any school district may determine.
In all school districts of the first class, each school order
shall state on its face the particular item of the annual school
estimate upon which it is drawn.
In all school districts of the second, third, and fourth
class, each school order shall state on its face the particular

class of expenditure of the annual school budget upon which the

same is drawn.
Section 608. Liability for Improper School Orders.--Any
school director voting for, or any officer approving, a school
order for the payment of school funds for any other purpose,
or drawn in any other manner, than that provided in this act,
shall, together with the surety or sureties on his bond, in
addition to the penalty herein provided, be individually liable
to the district for the amount thereof: Provided, That on appeal
from an auditor's report, it shall be within the discretion of
the court having jurisdiction of the matter to sustain or not
to sustain a surcharge, where it appears that the appellant or
appellants acted honestly and in good faith for the best
interests of the school district and where no loss or damage
to the school district resulted from the action of such
appellant or appellants.
Section 609. Budgeted Funds not to be Used for Other
Purposes or Exceeded.--The amount of funds in any annual
estimate by any school district, at or before the time of
levying the school taxes, which is set apart or appropriated
to any particular item of expenditure, shall not be used for
any other purpose, or transferred, except by resolution of the
board of school directors receiving the affirmative vote of
two-thirds of the members thereof.
No work shall be hired to be done, no materials purchased,
and no contracts made by any board of school directors which
will cause the sums appropriated to specific purposes in the
budget to be exceeded.
Whenever Federal or State funds are made available to school
districts, such funds may be expended by the board of school
directors for the purposes for which they are made available
even though provisions therefor were not made in the annual
estimates or budget of such school district. Whenever the
General Assembly shall enact a law providing for the levy of
taxes within a school district, the revenues from the taxes so
levied may be expended by the board of school directors for
general school purposes even though provisions therefor were
not made in the annual estimates or budget of such school
district for the fiscal year within which such law was enacted.
(609 amended Aug. 13, 1963, P.L.770, No.386)
Section 610. Use of School Funds; Illegal Use.--The board
of school directors in every school district shall have the
right to use and pay out, in the manner herein provided, any
funds of the district for any and all of the purposes therein
provided, subject to all the provisions of this act. The use
or payment of any public school funds of any school district,
in any manner or for any purpose not provided in this act, shall
be illegal.
Section 611. Enforcement of Judgments Against School
Districts.--If any judgment is obtained against any school
district and the same is not paid as required, the same may be
collected as follows and not otherwise:-The plaintiff in any such judgment shall petition the court
of common pleas in which such judgment was obtained, or in which
any transcript of a judgment obtained against any school
district before any magistrate, alderman, or justice of the
peace, is filed, whereupon the court shall issue a writ in the
nature of a mandamus execution, directed to the directors and
treasurers of the school district against which such judgment
was obtained, commanding them to pay the amount of such
judgment, together with interest and costs, out of any
unappropriated funds of such school district, and in case there

are no unappropriated funds of such school district, then out

of the first funds that shall be received by said school
district. The court may enforce obedience to such writ by
attachment on proper cause being shown.
Section 612. Counsel Fees on Appeals from County Auditors'
Reports.--When an appeal is taken from the county auditors'
report or settlement of the account of any public officer, in
accordance with the laws relating thereto, and such appeal
results favorably to the appellants in such a manner that money
is recovered for any school district, the court hearing such
appeal shall make an order to pay a counsel fee which it deems
just and reasonable to the counsel representing such appeal,
out of the funds so recovered.
Section 613. Management Information Reports.--(a) For the
2000-2001 school year and each school year thereafter, each
school district shall report to the Department of Education
expenditures of all governmental funds at the school operational
unit for:
(1) classroom instruction;
(2) instructional student support; and
(3) facilities and plant management costs.
(b) ((b) deleted by amendment)
(c) For the 2001-2002 school year and each school year
thereafter, each school district shall report to the Department
of Education districtwide expenditures of all governmental funds
for:
(1) special education noninstructional student support;
(2) professional development; and
(3) technology.
(d) The Department of Education shall issue specific
guidelines for the collection, reporting and submission of the
information under this section.
(e) As used in this section, a "school operational unit"
is defined as any individual school within a district, as
reported by the district. A school district is comprised of all
the school operational units within the district.
(f) Beginning with the 2001-2002 school year and each school
year thereafter, the mandatory reporting requirements of this
section shall apply, as prescribed by the department, to area
vocational-technical schools, intermediate units and charter
schools to the extent that funding is available. Area
vocational-technical schools, intermediate units and charter
schools shall apply for funding in a form and manner prescribed
by the department.
(613 amended July 4, 2004, P.L.536, No.70)
Section 614. Certain Budget Timelines.--(614 expired January
1, 2007. See Act 114 of 2006.)
Section 615. Reopening of 2011-2012 Budget.--Notwithstanding
any other provision of law, a board of school directors of a
school district may reopen its 2011-2012 budget to reflect
Federal and State allocations for fiscal years 2010-2011 and
2011-2012 provided by the act of June 30, 2011 (P.L. , No.1A),
known as the General Appropriation Act of 2011.
(615 added June 30, 2011, P.L.112, No.24)
Section 616. Reopening of 2012-2013 Budget.--Notwithstanding
any other provisions of law, a board of school directors of a
school district may reopen its 2012-2013 budget to reflect the
following:
(1) Federal and State allocations for fiscal years 2011-2012
and 2012-2013 provided by the act of June 30, 2012 (P.L.1740,
No.9A), known as the General Appropriation Act of 2012; and

(2) any increase in local revenue allocations that result

from other legislation enacted by the General Assembly during
the 2011 regular session.
(616 added June 30, 2012, P.L.684, No.82)
Section 616.1. Reopening of School District Annual
Budget.--Notwithstanding any other provision of law, a board
of school directors of a school district may reopen its annual
budget for a period of thirty (30) days after the annual General
Appropriation Act is enacted to reflect Federal and State
allocations for the current fiscal year provided by the annual
General Appropriation Act. (616.1 added July 9, 2013, P.L. ,
No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Section 617. Intergovernmental Agreements for School
Security and Safety.--The board of school directors of a school
district may enter into agreements with other political
subdivisions to provide for the safety and security of the
school. The board of school directors may use school funds to
share costs with municipalities and counties for such expenses
as benefits and salaries of school resource officers and
probation officers. Such officers are not required to be
employes of the school district and may be employes of other
political subdivisions.
(617 added June 30, 2012, P.L.684, No.82)
(b)

School Depositories.

Section 621. Designation of Depositories; Bond.--The board

of school directors in any school district shall designate one
or more banks or bank and trust companies as a depository or
depositories for its school funds. No such depository shall be
named unless it receives a majority of the votes of the entire
school board elected or appointed in such district. Each such
depository before receiving any of the school funds shall,
except as hereinafter otherwise provided, furnish a proper bond,
in such amount and with such surety or sureties as may be
required, to be approved by the board of school directors, and
conditioned upon the faithful keeping, paying out, and
accounting for all of the school funds and property of said
school district that may come into its hands, as well as for
the payment of all interest on money deposited in such
depository in accordance with any contract made by it with said
school district.
Section 622. Collateral in Lieu of Bond.--(a) In lieu of
one or more surety bonds, the deposit of school funds may be
secured by the deposit with the board of school directors, or
with any bank or trust company, other than the designated
depository, within the Commonwealth which may be agreed upon,
of bonds or other interest-bearing obligations of the United
States, of the Commonwealth of Pennsylvania, or of any state
of the United States, of the General State Authority, and other
authorities created by the General Assembly of the Commonwealth
of Pennsylvania for the payment of which the faith and credit
of the authority is pledged, and the obligations of any
municipality authority, if such obligations of the municipality
authority are authorized investments for a fiduciary, pursuant
to the act of May 26, 1949 (P.L.1828), known as the "Fiduciaries
Investment Act of 1949," and its amendments, or other bonds to
be approved by the board: Provided, That in school districts

of the second, third, and fourth classes, such securities shall

be only bonds or other interest-bearing obligations of the
United States, of this Commonwealth, of any state of the United
States, or bonds of any county, city, borough, incorporated
town, township, school district, or other political subdivision
of this Commonwealth, or of any other state of the United
States, or of the General State Authority, and other authorities
created by the General Assembly of the Commonwealth of
Pennsylvania for the payment of which the faith and credit of
the authority is pledged, and the obligations of any
municipality authority, if such obligations of the municipality
authority are authorized investments for a fiduciary, pursuant
to the act of May 26, 1949 (P.L.1828), known as the "Fiduciaries
Investment Act of 1949," and its amendments, which has not at
any time within the five years immediately preceding the date
of the deposit of such bonds by the depository failed punctually
to pay the matured principal and interest on all of its
indebtedness.
(b) When collateral security is thus deposited in lieu of
one or more surety bonds, the total amount of such bonds and
obligations thus deposited, measured by their actual market
value, less the total indebtedness of the school district to
the depository and any amount that is insured under the
provisions of section 623, shall be equal to the amount of the
deposits secured and twenty per centum in addition. All such
bonds and obligations shall be accompanied by a proper
assignment or power of attorney for their transfer. Such trust
deposit, in the event of any depreciation in value, shall be
maintained, on request in writing of the board of school
directors, at the amount provided herein. ((b) amended June 15,
1961, P.L.438, No.216)
(622 amended July 5, 1957, P.L.508, No.286)
Section 623. Insurance of Deposits of Funds.--All moneys
belonging to any school district or held by any school district
for any purpose, and deposited with any banking institution in
this Commonwealth, may be insured with the Federal Deposit
Insurance Corporation, or any other corporation hereafter
organized by the United States for the purpose of insuring
deposits, up to the amount to which such corporation is or may
hereafter be authorized to insure deposits in any one name.
When so insured, the school district shall not require such
banking institution to furnish additional bond, insurance or
security to cover the amount of such deposits so insured.
Section 624. Monthly Reports by Depositories.--Every bank
or trust company designated as a depository for school funds
in any school district shall, at the end of every month, make
a report to the school treasurer, to the board of school
directors, and to the school controller, if any, stating the
amount of school funds deposited with it during the month,
together with the balance on hand at the beginning of the month,
as well as the amount of school funds disbursed by it during
the month, any accrued interest paid, or due, and the balance
remaining on hand at the time of making the report.
Section 625. Deposit of School Funds; Treasurer Relieved
of Liability; School Orders.--The funds of the school district
shall be deposited, as directed by the board of school
directors, in a designated depository, by the school treasurer,
in the name of the school district. After any funds have been
deposited with such regularly designated depository by any
school treasurer, he shall thereafter be relieved from all
liability therefor, and all school orders drawn on the school
treasurer for any funds so deposited by him shall be endorsed

by said treasurer and made "Payable

at............................depository of the School District
of................................"
(625 amended June 28, 1963, P.L.182, No.109)
(c)

Indebtedness.

Section 631. Power to Incur Debt; Limitations.--The board

of school directors in any school district may, in any year,
create and incur an indebtedness against such school district
and issue bonds to secure the same, payable as provided by the
act of July 12, 1972 (Act No.185), known as the "Local
Government Unit Debt Act," or any amendment or re-enactment
thereof, for any or all of the following purposes:
(1) To purchase or acquire proper sites, buildings or
grounds for school use, or any lands additional to any existing
school sites or grounds;
(2) To erect, enlarge, equip or furnish any building for
school use;
(3) To repair, remodel or rebuild any building of the school
district;
(3.1) To lease for an extended period building facilities
or portions of buildings constructed for school use and/or
existing building facilities or portions of existing building
facilities altered for school use;
(4) To purchase school buses;
(5) To pay any indebtedness incurred by any municipality
for or on account of the school district or for school purposes,
and required by this act to be assumed by the school district;
(6) To pay any refund of taxes decreed by an order of court;
(7) To refund certain bonds, as hereinafter provided;
(8) To fund floating indebtedness incurred for current
expenses and debt service;
(9) To fund temporary indebtedness incurred for permanent
improvements, or in anticipation of proceeds from a bond issue;
(10) To purchase or acquire buildings for school use.
The indebtedness of any school district shall never exceed
fifteen (15) per centum of the last assessed valuation of
property taxable for school purposes therein.
(631 amended Dec. 6, 1972, P.L.1445, No.323)
Section 632. Assent of Electors; When Necessary and When
Not Necessary.--The assent of the electors shall be required
in all school districts of the second, third and fourth class,
to issue bonds which will incur any new debt or increase the
indebtedness to an amount in excess of five (5) per centum of
the assessed valuation of property taxable for school purposes
therein. The assent of the electors shall be required in school
districts of the first class and first class A to issue bonds
which will incur any new debt or increase the indebtedness to
an amount in excess of five (5) per centum of the assessed
valuation of property taxable for school purposes therein. The
board of school directors of any school district of the first,
first class A, second, third, or fourth class shall have
authority, without the assent of the electors, to issue bonds
which will incur upon its own authority any amount of such
indebtedness not in excess of five (5) per centum of the last
assessed valuation of property taxable for school purposes
therein.
If the amount of bonds of any bond issue maturing in any
single year is in excess of five percent of the total amount
of such bond issue, the amount in excess of five percent of
such bond issue may be refunded by the board of school directors

of any school district, upon its own authority, without

submitting any such refunding bond issue to a vote of the
electors.
Any school district which calls bonds for payment prior to
the date of maturity may issue bonds for the purpose of paying
any or all such bonds as may be called for payment. All bonds
issued for the purpose of refunding bonds shall be issued as
hereinbefore provided for the issuing of such bonds.
(632 reenacted and amended Mar. 16, 1967, P.L.9, No.3)
Section 633. Reports to Secretary of Education; Withholding
State Appropriations.--It shall be the duty of the Secretary
of Education, to require, as part of the annual financial
reports of all of the school districts and charter schools, a
list of the amount of bonds or other indebtedness that becomes
due during the fiscal year, together with the amount paid on
each item of indebtedness. In case of failure on the part of
any school district or charter school to furnish such report
at the required time after the close of the fiscal year, the
Secretary of Education may withhold any State appropriation
that may become due to any such school district or charter
school until such report covering information regarding the
maturities of indebtedness and payments on same during the
preceding fiscal year, as required herein, and any other
information which he may require of a school district or charter
school, has been received. In all cases where the board of
directors of any school district fails to pay or to provide for
the payment of any indebtedness at date of maturity or date of
mandatory redemption or on any sinking fund deposit date, or
any interest due on such indebtedness on any interest payment
date, or on any sinking fund deposit date in accordance with
the schedule under which the bonds were issued, the Secretary
of Education shall notify such board of school directors of its
obligation and shall withhold out of any State appropriation
due such school district an amount equal to the sum of the
principal amount maturing or subject to mandatory redemption
and interest owing by such school district, or sinking fund
deposit due by such school district, and shall pay over the
amount so withheld to the bank or other person acting as sinking
fund depositary for such bond issue.
(633 amended July 4, 2004, P.L.536, No.70)
Section 634. Temporary Debt.--Any school district having
no indebtedness, or whose indebtedness, incurred or created
without the assent of the electors thereof, is less than five
(5) per centum of the total valuation of property taxable for
school purposes therein, may, at any time, for the purpose of
providing funds in any fiscal year for current expenses and
debt service, for permanent improvements, the acquiring of
school buses, or in anticipation of proceeds from a bond issue
already officially authorized and (except in school districts
of the first class) approved by the Department of Community
Affairs, with such limitations and for such length of term as
hereinafter provided, by or through its board of school
directors, incur, in addition to any bonds therein authorized,
a temporary debt, or borrow money, and issue an obligation or
obligations therefor, under the seal of the district, if any,
properly executed by the president and attested by the secretary
thereof, and bearing interest not exceeding the legal rate, but
no such obligation shall be sold for less than par. The
incurring of any such temporary debt, or borrowing money upon
such obligation, shall receive the affirmative vote of not less
than two-thirds of the members of the board of school directors
therein.

In addition thereto, any school district may, as hereinbefore

provided, incur a temporary debt or borrow money for permanent
improvements, where no bond issue has been previously officially
authorized, and refund such temporary indebtedness by the issue
of bonds, in the manner provided by law, when the exact amount
required for such permanent improvement becomes known.
(634 amended Mar. 16, 1967, P.L.9, No.3)
Compiler's Note: Section 301(a)(5) of Act 58 of 1996, which
created the Department of Community and Economic
Development and abolished the Department of Community
Affairs, provided that the approval required under
section 634 is transferred from the Department of
Community Affairs to the Department of Community and
Economic Development.
Section 635. Limit on Temporary Debt for Current Expenses
and Debt Service.--The total amount of temporary indebtedness
incurred for current expenses and debt service shall, at no
time, exceed an amount equal to the State appropriations not
received but payable during the fiscal year, and the tax levied
upon property taxable for school purposes within such school
district, and remaining uncollected and unpledged for the
current fiscal year. All such loans shall be paid out of the
receipts available, or pledged for the repayment thereof when
and as the funds are received. The total amount of the temporary
indebtedness for such purpose remaining unpaid at the close of
the fiscal year shall become an obligation upon the following
year's budget, and be included therein.
(635 amended Sept. 28, 1951, P.L.1551, No.395)
Section 636. Emergency Loans for Current Expenses and Debt
Service.--(a) In case of an emergency, any school district in
any fiscal year, after borrowing money in anticipation of
current revenues to the full extent permitted by the provisions
of section six hundred forty (640) of this act, and finding the
receipts from said loans, together with all other receipts, to
be inadequate to meet the expenditures of the official fiscal
year's budget, may appeal to the State Superintendent of Public
Instruction for permission to incur a temporary debt for the
purpose of providing funds for current expenses and debt service
and shall present to the State Superintendent of Public
Instruction, or his agent, such financial statements or reports
as he may require to give him adequate facts relative to the
necessity of such increase in indebtedness. The State
Superintendent of Public Instruction is hereby authorized, after
due examination of the need of such school district, either to
refuse or grant permission to such school district to borrow
additional funds for current expenses and debt service beyond
the amount permitted by the provisions of section six hundred
forty (640) of this act. In case of approval, he shall designate
the maximum length of the term and shall set a maximum limit
of the total amount of such temporary indebtedness that such
school district may incur during the fiscal year in addition
to all temporary indebtedness for other purposes outstanding
at the time of such approval.
(b) All temporary indebtedness, for the purpose of current
expenses and debt service in school districts of the first
class, shall not exceed four tenths of one per centum (4/10%),
and in school districts of the second class, shall not exceed
three fourths of one per centum (3/4%), and in school districts
of the third and fourth class, shall not exceed one (1) per
centum of the total amount of property taxable for school
purposes in such district, and the total indebtedness for such

purposes, together with all other indebtedness incurred without

authorization by vote of the electors of the district shall,
at no time, exceed five (5) per centum of the last total
assessed valuation of the property taxable for school purposes
therein. ((b) amended Mar. 16, 1967, P.L.9, No.3)
Section 636.1. Approval of Unfunded Debt in Certain
Distressed School Districts.--(a) Notwithstanding any other
provision of law, the governing body of a distressed school
district may approve the issuance of bonds or notes to fund
unfunded debt of the school district if the governing body finds
all of the following:
(1) The unfunded debt is a lawful obligation or is a
lawfully budgeted obligation of the school district.
(2) Paying the unfunded debt by reducing school district
services will endanger student health or safety and public
education.
(3) It is not feasible or in the public interest to levy
sufficient additional taxes to fund the unfunded debt in the
current fiscal year or ensuing fiscal years.
(b) In addition to the requirements of 53 Pa.C.S. 8111
(relating to submission to department), a governing body
authorizing bonds or notes under subsection (a) shall include
certified copies of the findings of the governing body made
pursuant to subsection (a) with the copy of the proceedings
certified to the Department of Community and Economic
Development under 53 Pa.C.S. 8201 (relating to certification
to department of bond or note transcript or lease, guaranty,
subsidy contract or other agreement).
(c) Bonds or notes authorized in accordance with subsection
(a) shall be stated to mature or be subject to mandatory
redemption in the principal amounts and over the number of
years, not to exceed thirty (30) years, as the governing body
finds will allow for the payment of the bonds or notes without
endangering student health or safety and public education or
requiring the levying of excessive taxes.
(d) Except as provided in this section, bonds or notes
authorized in accordance with subsection (a) shall be issued
and sold by a distressed school district in accordance with
provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to
indebtedness and borrowing).
(e) The amount by which payments appropriated and paid by
a city of the first class to a distressed school district in
the fiscal year in which the declaration of distress was issued
exceed the payments appropriated and paid by the city to the
distressed school district in the immediately preceding fiscal
year shall be excluded in determining the obligations of the
city to make payments to the distressed school district under
section 696(h).
(f) Subsections (a) and (b) of 53 Pa.C.S. 8022 (relating
to limitations on incurring of other debt) shall not apply to
bonds or notes authorized in accordance with subsection (a).
(g) This section shall provide the exclusive method for the
issuance of bonds and notes to fund unfunded debt of a
distressed school district.
(h) The Pennsylvania Supreme Court shall have exclusive
jurisdiction to hear any challenge to or to render a declaratory
judgment concerning this section. The Supreme Court is
authorized to take any action it deems appropriate, consistent
with the Supreme Court retaining jurisdiction over the matter,
to find facts or to expedite a final judgment in connection
with a challenge or request for declaratory relief.
(i) Subsections (a) and (g) shall expire July 1, 2003.

(j) The following words and phrases when used in this

section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Distressed school district." A school district of the first
class which has been declared to be distressed by the Secretary
of Education under section 691.
"Governing body." A school reform commission established
in accordance with section 696(a) or the commission's successor.
"Unfunded debt." Obligations, including tax anticipation
notes, of a distressed school district incurred for current
expenses; obligations of a distressed school district for
expenses included in a budget adopted on or before June 30,
2003, which are to become due and owing; or judgments against
a distressed school district entered by a court after adversary
proceedings; if the taxes and other revenues remaining to be
collected in the current fiscal year or to be collected in the
ensuing fiscal years and the funds on hand will not be
sufficient for payment of the obligations or judgments without
endangering student health or safety and public education and
the distressed school district either may not legally levy a
sufficient tax for the balance of the fiscal year or a
sufficient tax, if legally leviable, would not be in the public
interest. The term excludes debt incurred under or obligations
in respect of a project or part of a project as incurred in
respect of the cost of a project as defined in 53 Pa.C.S. Pt.
VII Subpt. B.
(636.1 added Apr. 18, 2002, P.L.264, No.36)
Section 637. Limit on Temporary Debt for Permanent
Improvements, etc.; Tax Levy.--The total amount of temporary
indebtedness incurred in any school district for the purpose
of permanent improvements and the acquiring of school buses
except obligations incurred under the provisions of section six
hundred forty of this act, shall never exceed five (5) per
centum of the last assessed valuation of property taxable for
school purposes therein. Except where such temporary
indebtedness is to be refunded by the issue of bonds, as
hereinbefore authorized, at or before the time of incurring
such indebtedness for such purpose, provision shall be made for
the collection of an annual tax, sufficient to pay the interest
and also the principal thereof within the term of such
indebtedness, as provided by law.
(637 amended Mar. 16, 1967, P.L.9, No.3)
Section 638. Temporary Debt for Permanent Improvements,
etc.; Payment.--(638 repealed Sept. 8, 1959, P.L.802, No.299)
Section 639. Limit on Temporary Debt in Anticipation of
Proceeds of Bond Issue; Payment.--The total amount of temporary
indebtedness incurred in anticipation of proceeds from a bond
issue already officially authorized and approved by the
Department of Internal Affairs, as hereinbefore provided, shall
not exceed seventy-five (75) per centum of the full amount of
bonds authorized by such bond issue.
All obligations, other than bonds, issued by any school
district in anticipation of proceeds from a bond issue already
officially authorized and approved by the Department of Internal
Affairs, shall be paid in full, together with interest, out of
the proceeds of such bond issue within one year and six months
from the date of authorization of such bond issue.
Section 640. Borrowing in Anticipation of Current
Revenue.--School districts may borrow money in anticipation of
current revenues, to an amount not exceeding such anticipated
current revenues, which shall be pledged for the payment of
such loan or loans, and issue notes or other form of obligation,

executed by the president of the board of school directors and

attested by the secretary of the board under the seal of the
school district, securing such loans. Such notes, or other form
of obligation, shall mature and be payable during the current
fiscal year in which such money is borrowed. No such borrowing
shall constitute an increase of indebtedness within the meaning
of Article nine, section eight of the Constitution of
Pennsylvania, or of the "Municipal Borrowing Law" of June
twenty-fifth, one thousand nine hundred forty-one (Pamphlet
Laws 159), or of any of the provisions of this act, and shall
not require the approval of the Department of Internal Affairs.
Such notes shall bear interest at a rate not exceeding six (6)
per centum per annum, payable at maturity or in advance, and
may be sold at either public or private sale for not less than
par. If such loans are not repaid in whole or in part during
the fiscal year in which they are made, they, or such amounts
as remain unpaid, shall become an obligation upon the following
year's budget and shall be included therein and paid not later
than the first day of July of such following year, in school
districts of the first class, and not later than the first day
of November of such following year, in school districts of the
second, third, and fourth class. The incurring of such
obligations shall receive the affirmative vote of not less than
two-thirds of the members of the board of school directors.
Compiler's Note: Section 1307(b)(5) of Act 185 of 1972
provided that section 640 is repealed insofar as it
relates to the authorization, issue and sale of tax
anticipation notes.
(d)

First Class School District.

Section 651. Fiscal Year.--In all school districts of the

first class and first class A, the fiscal year shall begin on
the first day of January in each year: Provided, That the Board
of Public Education of any district of the first class or first
class A may, by resolution adopted by two-thirds vote of the
members thereof at a meeting of the board after not less than
ten days' notice of the fact that such resolution would be
presented for action at such meeting, fix the fiscal year of
such school district so as to begin on the first day of July
in each year instead of on the first day of January as
hereinabove provided.
(651 amended Dec. 22, 1965, P.L.1159, No.453)
Section 652. Tax Levy; Purposes; Limitations.--In all school
districts of the first class the school taxes for the following
fiscal year shall be levied annually, by the board of public
education thereof, on or after the second Monday of November
and before the first Monday of December following. In all school
districts of the first class A the school taxes for the
following fiscal year shall be levied annually by the board of
public education on or after the first Monday of December and
before the end of the current fiscal year. The board of public
education thereof shall annually levy a tax on each dollar of
the total assessments of all property assessed and certified
for taxation in said district, which tax shall be ascertained,
determined, and fixed by adding together the following:
(1) An amount which, with all moneys received from the
Commonwealth applicable thereto, shall be sufficient to pay the
minimum salaries and increments of the teaching and supervisory
staff thereof as fixed and provided by law and to pay the
contributions of said district to the teachers' retirement

system. For the purpose of computing the amount required to pay

the minimum salaries and increments fixed by law, but without
otherwise limiting the rights of the district to employ teachers
or other employes, (i) The number of teachers on the salary
schedule of the elementary schools shall not exceed one for
every thirty pupils in average daily membership in such schools,
(ii) The number of teachers on the salary schedule of the junior
high schools shall not exceed one for every twenty-two pupils
in average daily membership in such schools, (iii) The number
of teachers on the salary schedule of the senior high schools
shall not exceed one for every twenty-two pupils in average
daily membership in such schools, (iv) The number of teachers
with salaries and increments fixed by law, on any salary
schedule now established or hereafter established, and not
specially mentioned in this act, shall not exceed one for every
twenty-two pupils in average daily membership, (v) The number
of principals in the elementary schools, and the principals in
charge of all other character of schools now established or
hereafter established, and not specially mentioned in this act,
shall not exceed one for every six hundred pupils in average
daily membership in such schools, (vi) The number of principals
in the junior and senior high schools shall not exceed one for
every twelve hundred pupils in average daily membership in such
schools, (vii) The number of supervisors in all schools shall
not exceed one for every fifteen hundred pupils in average daily
membership, (viii) The number of attendance officers and home
and school visitors shall not exceed one for every two thousand
pupils in average daily membership in all elementary and
secondary schools, (ix) In all adult and extension school
classes, the number of teachers shall not exceed one for every
twenty pupils in average daily membership in such schools.
The salary and increments, fixed by law, of members of the
teaching and supervisory staff whose number is not in some
manner limited hereby, shall not be included within the purposes
authorized by clause (1) of this section, but shall be construed
and regarded as constituting expenses within the meaning of
clause (3) of this section.
Average daily membership, as used herein, shall be based
upon membership during the preceding school term.
(2) An amount sufficient to pay the interest on, and retire
at maturity the principal of, the indebtedness of said district
incurred as authorized by law.
(2.1) An amount sufficient to pay any rentals agreed to be
paid to the State Public School Building Authority or any other
authority created by the General Assembly, having State-wide
jurisdiction.
(3) An amount sufficient to pay all other expenses and
requirements of said school district, which amount shall be
equivalent to not less than three, nor more than five, mills
on the dollar of the total assessment of all property assessed
and certified for taxation therein.
The total annual school tax levy for all purposes in any
school district of the first class shall not be more than eleven
and three-quarter (11 3/4) mills on the dollar of the total
assessment of all property assessed and certified for taxation
in the territory constituting the district.
(652 amended Aug. 5, 1977, P.L.178, No.46)
Section 652.1. Taxing Power of Elected Board of Public
Education of School Districts of the First Class A.--(a) The
elected Board of Public Education in any school district of the
first class A shall have authority to impose taxes for the
purposes of such school district as follows:

(1) Without ordinance and under the following statutes their

reenactments and amendments, at the rates fixed therein, namely:
(i) (Reserved),
(ii) Act of June 20, 1947 (P.L.733, No.319), (Personal
Property Tax),
(iii) Act of August 24, 1961 (P.L.1135, No.508), (Income
Tax),
(iv) Real property tax acts:
Act of March 10, 1949 (P.L.30, No.14), 11.75 mills,
Act of November 30, 1955 (P.L.793, No.226), 1.5 mills,
Act of July 12, 1957 (P.L.837, No.386), .75 mills,
Act of November 19, 1959 (P.L.1552, No.557), 2 mills,
Act of October 21, 1965 (P.L.650, No.321), 1 mill,
Act of November 26, 1968 (P.L.1098, No.340), 6 mills,
Act of December 15, 1975 (P.L.483, No.143), 6 mills.
(2) (i) In addition to the taxing authority set forth in
the act of August 24, 1961 (P.L.1135, No.508), (Income Tax),
by ordinance, a tax of one per centum (1%) on wages, salaries,
commissions and other earned income of individuals: Provided,
however, That the total tax levied under the act of August 24,
1961 (P.L.1135, No.508) and the total tax levied under this
subsection on wages, salaries, commissions and other earned
income of individuals may equal but shall not exceed two per
centum (2%).
(ii) A school district of the first class A located in whole
or in part within a city of the second class shall share the
earned income tax under this section with such city of the
second class as follows: in tax year 2007, one-tenth of one per
centum (0.1%) to the city; in tax year 2008, two-tenths of one
per centum (0.2%) to the city; in tax year 2009 and thereafter,
one-quarter of one per centum (0.25%) to the city.
(3) In addition to the taxing authority set forth in the
real property tax acts referred to in section 652.1(a)(1)(iv),
by ordinance a tax, sufficient to meet the school district's
anticipated expenses on each dollar of the total assessment of
all property assessed and certified for taxation in the
territory constituting the district.
(4) In addition thereto, by ordinance on any persons,
transactions, occupations, privileges, subjects and real or
personal property as they shall determine not prohibited by
section 2 of the act of December 31, 1965 (P.L.1257, No.511),
known as "The Local Tax Enabling Act" and not specifically
excluded under paragraph (5) hereof; even if the ordinance
imposing such tax or taxes is duplicative of the taxes
enumerated in section 652.1(a)(1); but no ordinance shall
authorize the imposition of a tax on the wages, salary or net
income of any person not a resident of such school district.
(5) No tax of any kind may be imposed on admission to places
of amusement, athletic events, motion picture theaters,
occupations or occupational privilege, gross receipts of
businesses, including institutions and nonprofit services, and
parking, but this paragraph shall not apply to taxes imposed
on the whole volume of business transacted by retail and
wholesale dealers in goods, wares and merchandise.
(b) Any ordinance authorizing a tax, other than under a
statute and at the rate fixed thereby, shall fix the rate
thereof and provide for the levy, assessment and collection of
the same.
(652.1 amended Nov. 30, 2004, P.L.1471, No.187)
Compiler's Note: Section 25(1)(ii) of Act 40 of 2005
provided that subsection (a)(4) is repealed insofar as

it is inconsistent with the amendment or addition by Act

40 of sections 1111-C, 1114-C, 1101-D, 1102-D, 1103-D,
1104-D, 1105-D, 1106-D, 1107-D, 1108-D, 1109-D, 1110-D,
1111-D, 1112-D, 1113-D and 1114-D of the Tax Reform Code
of 1971.
Compiler's Note: Section 4 of Act 187 of 2004, which amended
section 652.1, provided that the amendment shall apply
to tax years commencing on or after January 1, 2005.
Compiler's Note: See section 3 of Act 182 of 1982 in the
appendix to this act for special provisions relating to
levying of taxes by boards of public education.
Section 652.2. Appeals by Taxpayers.--(a) Within thirty
(30) days after a tax has been levied for the first time by an
elected Board of Public Education in any school district of the
first class A, taxpayers representing twenty-five per centum
(25%) or more of the total valuation of real estate in the
school district as assessed for taxation purposes or taxpayers
of the school district not less than twenty-five (25) in number
aggrieved by the ordinance or resolution shall have the right
to appeal therefrom to the court of common pleas of the county
upon giving bond with sufficient security in the amount of five
hundred dollars ($500), approved by the court, to prosecute the
appeal with effect and for the payment of costs. The petition
shall set forth the objections to the tax and the facts in
support of such objections and shall be accompanied by the
affidavit of at least five (5) of the petitioners that the
averments of the petition are true and the petition is not filed
for the purpose of delay.
(b) No such appeal shall act as a supersedeas unless
specifically allowed by the court to which the appeal is taken
or a judge thereof.
(c) Immediately upon the filing of any such petition, the
petitioners shall serve a copy of the petition and any rule
granted by the court upon the president or secretary of the
legislative body levying the tax.
(d) The court shall fix a day for a hearing not less than
fifteen (15) days nor more than thirty (30) days after the
filing of the petition. Notice of the time of such hearing shall
be given to all interested parties as the court shall direct.
The court shall promptly hear and dispose of the appeal.
(e) It shall be the duty of the court to declare the
ordinance and the tax imposed thereby to be valid unless it
concludes that the ordinance is unlawful; but the court shall
not interfere with the reasonable discretion of the legislative
body in selecting the subjects or fixing the rates of the tax.
The court may declare invalid all or any portion of the
ordinance or of the tax imposed or may reduce the rates of tax.
(f) Any party to the proceeding shall have the right to
appeal from the decision of the court of common pleas to the
Commonwealth Court as in other cases, but such appeal shall be
taken within thirty (30) days from the time the decree of the
court was entered and not thereafter. Any two (2) or more
parties may join in such appeal.
(652.2 added June 25, 1982, P.L.643, No.182)
Section 653. Tax Levy for Indebtedness of Prior
Districts.--Any school district of the first class assuming any
bonded indebtedness of any former school district, sub-school
district, or ward school district within its limits, may levy
and collect a school tax, not to exceed eight and one half mills
on the dollar of the total assessment of all property assessed
and certified for taxation therein, until such assumed bonded
indebtedness has been paid, after which such school tax levy

shall not exceed the limitations fixed by the preceding section

of this act.
Section 654. Tax Rates to be Expressed in Dollars and
Cents.--Whenever the board of public education of any school
district of the first class shall, by resolution, fix the rate
of taxation for any year at a mill rate, such resolution shall
also include a statement expressing the rate of taxation in
dollars and cents on each one hundred dollars of assessed
valuation of taxable property.
Section 655. Property Taxable.--In all school districts of
the first class or first class A, the school taxes shall be
levied and assessed upon the same real estate and property as
that upon which the municipal taxes of the municipality or
municipalities comprising such school district of the first
class or first class A are levied and assessed. All of such
real estate and property is hereby made taxable for school
purposes in each school district of the first class or first
class A.
(655 amended June 2, 1965, P.L.91, No.60)
Section 655.1. Tax on Owners of Ground Rents.--The board
of public education in school districts of the first class shall
levy, on or before October 15, 1963, for the calendar year 1963,
a tax on owners of ground rents. The tax levied under the
provisions of this section for the calendar year 1963 shall be
at the rate of one percentum (1%) on each dollar of the total
assessment of the full principal value of all ground rents
charged on real estate located within such school district of
the first class without regard to any statutory provision or
to any provisions made in the ground rent deed with respect to
the payment of taxes on the ground rent. The tax shall be
collected in the same manner with like authority and subject
to the same penalties as other real estate taxes for school
purposes in school districts of the first class are collected.
The board of public education in school districts of the
first class shall levy for the calendar years 1964 and 1965 a
tax on owners of ground rents in the same manner with like
authority and subject to the same penalties as other real estate
taxes for school purposes in school districts of the first class
are collected. The tax levied under the provisions of this
section shall be at the rate of one per centum (1%) on each
dollar of the total assessment of the full principal value of
all ground rents charged on real property located within such
school district of the first class without regard to any
statutory provision or to any provision made in the ground rent
deed with respect to the payment of taxes on the ground rent.
The taxes authorized to be levied hereunder shall be in addition
to any other taxes levied by such school district of the first
class on the real property charged with such ground rent. All
taxes, penalties and interest collected under the provisions
of this section shall be used by the school district collecting
the taxes to pay current expenses or other obligations of the
school district.
(655.1 added Aug. 8, 1963, P.L.591, No.309)
Section 656. Certification of Assessments.--In order to
enable the board of public education to levy the necessary
school taxes for each school year, there shall be certified to
the board, annually, before the first day of November of each
year, by the board or bureau of assessors, board of revision
of taxes, or other proper authorities in the municipality or
municipalities comprising school districts of the first class
or first class A, an estimated statement of the total assessment
of all real estate and property taxable for municipal purposes

in such municipality or municipalities comprising a school

district of the first class or first class A, for the ensuing
year. In school districts of the first class or first class A
that are coterminous with a municipality or municipalities, the
taxes of which are levied and assessed on real estate and
personal property as contained in the assessments made for
county tax purposes, the proper county assessing authorities
shall furnish to the board of public education, annually, on
or before the first day of November, a properly certified
duplicate of the then existing adjusted valuation of all
property taxable for county purposes and for municipal purposes
within the territorial limits of such municipality or
municipalities comprising such school district of the first
class or first class A, excepting only such assessments of
intangible personal property as is not subject to the payment
of school taxes.
(656 amended June 2, 1965, P.L.91, No.60)
Section 657. Certification of Levy; Collection.--Upon any
school taxes being levied by the board of public education in
any school district of the first class, the amount of such levy
shall forthwith be properly certified, under the seal of the
district, attested by the president and secretary of the board,
to the board or bureau of assessors, board of revision of taxes,
or other proper authority, authorized to prepare tax duplicates,
to be entered thereon, and by said authority properly certified
to the receiver of taxes, city treasurer, or other proper
authority collecting the municipal taxes in said district, which
school taxes shall then be collected as provided by law, at the
same time, in the same manner, and with like authority, and
subject to the same discounts and penalties as other taxes
collected in the municipalities.
Section 658. Bond of Collector; Neglect to Furnish.--(a)
Every receiver of taxes, city treasurer, or other authority in
a school district of the first class, who is by the provisions
of this act authorized to collect or receive the school taxes
therein, shall, before entering upon the duties of his office
as collector or receiver of school taxes, furnish to the school
district a bond, in such amount and with such surety or sureties
as the board of public education may approve, conditioned upon
the faithful performance of his duty in the office of such
collector or receiver. The cost of such bond shall be paid by
the school district.
(b) In lieu of furnishing such a bond, each such receiver
of taxes, city treasurer, or other authority, may file his own
collateral bond, in such amount as may be required by the board
of public education, secured by an actual deposit with the board
of public education, or with any bank or trust company within
the Commonwealth which may be agreed upon, of any of the
securities which depositories may use to secure the deposit of
school funds as herein provided. The total market value of the
securities, thus deposited, shall equal the amount of the
collateral bond. Such collateral bond shall be conditioned upon
the faithful performance of his duties as receiver or collector
of taxes. The securities, thus deposited, shall constitute a
trust fund to be available for the satisfaction of any liability
accruing upon the collateral bond. The securities shall be
accompanied by a proper assignment or power of attorney for
their transfer. Such trust deposit, in the event of any
depreciation in its value, shall be maintained, upon request
in writing of the board of public education, at the amount
provided herein. The board of public education may permit the
receiver or collector of taxes to substitute for any one or

more bonds or obligations included in any such securities, other

bonds or obligations that meet the requirements of this act.
(c) In case any receiver of taxes, or city treasurer elected
as receiver of taxes or as school treasurer in a school district
of the first class, shall refuse or neglect to furnish a proper
bond with the proper sureties or securities, as herein provided,
after his election, then, in that case, the board of public
education may elect any other proper person as receiver of
school taxes or school treasurer.
Section 659. Compensation; Stationery; Books; Clerks.--Every
such treasurer or receiver of school taxes shall be paid such
compensation as the board of public education in the district
may determine, and, in addition to his salary, be furnished by
the school district with the necessary stationery and books
required by him in the performance of his duties as treasurer
or receiver of school taxes. The board of public education may
also appoint, annually, such clerks as it may deem necessary
to assist the receiver of taxes.
Section 660. Monthly Reports; Payment of Taxes
Collected.--In every school district of the first class the
receiver of taxes, city treasurer, or other proper authority
collecting or receiving the school taxes as herein provided,
shall, at the end of each month, report to the board of public
education, and to the school controller, the total amount of
school taxes collected during the month, setting forth the years
for which collected. He shall pay the same when and as collected
to the school treasurer, and shall file with the school
controller a duplicate receipt therefor, and shall, at the end
of each month, also report the total amount collected during
the current fiscal year, and the unexonerated balance remaining
uncollected on the tax duplicate for each year in such district.
Section 661. Annual Reports.--The receiver of taxes, city
treasurer, or other proper authority collecting or receiving
school taxes in any school district of the first class, shall,
annually, on the first Monday of April of each year, settle his
accounts for the school taxes for the preceding fiscal year,
and shall, at the same time, furnish the board of public
education with a statement of the total amount of school taxes
standing unpaid upon the tax duplicates.
(661 amended Nov. 30, 1959, P.L.1606, No.583)
Section 662. Liens of Unpaid Taxes.--In all school districts
of the first class, all unpaid school taxes assessed upon any
real property shall be liens thereon, in like way and manner,
and subject to like provisions and restrictions, as exist and
shall exist in the cases of all other taxes assessed in this
Commonwealth. Such taxes and liens shall be filed, enforced,
and collected by the receiver of taxes, treasurer, or other
proper authority, in the manner and under and in accordance
with the provisions which are and shall be applicable in the
cases of other taxes assessed in this Commonwealth.
Section 663. Per Capita Tax; Districts First Class Less
than 1,500,000 Population.--(663 repealed Aug. 24, 1961,
P.L.1135, No.507)
Section 664. Annual Budget; Advertising; Public
Hearing.--(a) The board of public education of each school
district of the first class shall, annually, at or before the
time of levying the annual school taxes, prepare an approximate
estimate of the amount of funds that will be required by the
school district in its several departments for the following
fiscal year. Such annual estimate shall be apportioned to the
several classes of expenditures of the districts as the board
of public education thereof may determine. The total amount of

such estimate shall not exceed the amount of funds, including

the proposed annual tax levy and State appropriation, available
for school purposes in the district. The annual estimates shall
be properly certified to the school controller of the district
by the secretary of the board.
(b) The board of public education shall, at least fifteen
days prior to the time final action is taken on any budget,
publish, by advertisement at least once in two newspapers of
general circulation printed in the municipality in which such
school district is located, notice that such proposed budget
has been prepared and is open to public inspection at the office
of the board of public education. Such advertisement shall
include a notice of public hearing on the proposed budget,
scheduled for at least ten days before final action is taken
upon any budget.
Section 665. Emergency Appropriations.--The board of public
education in school districts of the first class may, during
any fiscal year, make additional appropriations, or increase
the existing appropriations, to meet emergencies such as
epidemics, floods, fire or other catastrophies, and to increase
the salaries of the employes of the board, the funds therefor
to be provided from unexpended balances in existing
appropriations, from unappropriated revenues, if any, or from
temporary loans. Such additional appropriations, and such
temporary loans, shall be authorized by the affirmative vote
of two-thirds of all the members of the board.
The board of public education shall have the power to
transfer any unencumbered balance, or any portion thereof, from
one appropriation to another, or from one spending agency to
another, by the affirmative vote of two-thirds of all the
members of the board.
Section 666. Limit of Indebtedness.--The total indebtedness
incurred or created in any school district of the first class
and first class A, including any indebtedness assumed by it on
or before the eighteenth day of May, one thousand nine hundred
eleven, shall not exceed fifteen (15) per centum upon the total
assessed value of the taxable property in such school district.
(666 reenacted and amended Mar. 16, 1967, P.L.9, No.3)
(e)

Second, Third and Fourth Class

School Districts.

Section 671. Fiscal Year.--(a) In all school districts of

the second, third, and fourth class, the fiscal year shall begin
on the first day of July in each year: Provided, That the board
of school directors of any district of the second class may,
by resolution adopted by two-thirds vote of the members thereof
at a meeting of the board after not less than ten days' notice
of the fact that such resolution would be presented for action
at such meeting, fix the fiscal year of such school district
so as to begin on the first day of January in each year instead
of on the first day of July as hereinabove provided.
(b) (1) For fiscal years beginning after June 30, 2004, a
school district of the second, third or fourth class may delay
the adoption of its annual budget beyond the last day in June
where legislation providing the appropriation for basic
education funding to be paid as a reimbursement for the
preceding school year is not enacted by June 15.
(2) A school district that delays the adoption of its annual
budget under paragraph (1) shall adopt an annual budget no later
than fifteen days subsequent to the enactment of legislation

providing the appropriation for basic education funding to be

paid as a reimbursement for the preceding year.
(3) The provisions of section 687 requiring ten days' public
notice prior to final action shall apply in cases when the
adoption of a school district's budget is delayed under this
subsection.
(671 amended Dec. 23, 2003, P.L.304, No.48)
Section 672. Tax Levy; Limitations.--(a) In all school
districts of the second, third, and fourth class, all school
taxes shall be levied and assessed by the board of school
directors therein, during the month of February or March or
April or May or June each year, or no later than twenty days
following the enactment of legislation providing the
appropriation for basic education funding to be paid as a
reimbursement for the preceding school year, for the ensuing
fiscal year, except in districts of the second class where the
fiscal year begins on the first day of January, in which the
school taxes shall be levied and assessed during the month of
October or November of each year. In such school districts the
tax rate shall not exceed twenty-five mills on the dollar, on
the total amount of the assessed valuation of all property
taxable for school purposes therein. Each school district of
the second, third or fourth class may also collect a per capita
tax on each resident or inhabitant of such district over
eighteen years of age, as herein provided. ((a) amended Dec.
23, 2003, P.L.304, No.48)
(b) Boards of school directors of districts of the second,
third, and fourth classes are hereby authorized to levy
annually, a tax on each dollar of the total assessment of all
property assessed and certified for taxation therein, (1) to
pay up to and including the salaries and increments of the
teaching and supervisory staff, (2) to pay rentals due any
municipality authority or nonprofit corporation or due the State
Public School Building Authority, (3) to pay interest and
principal on any indebtedness incurred pursuant to the act of
July 12, 1972 (P.L.781, No.185), known as the "Local Government
Unit Debt Act," or any prior or subsequent act governing the
incurrence of indebtedness of the school district, which tax
shall be unlimited, and (4) to pay for the amortization of a
bond issue which provided a school building prior to the first
Monday of July, 1959. ((b) amended Feb. 4, 1982, P.L.1, No.1)
(c) The tax levied to pay salaries and increments of the
teaching and supervisory staff shall not be invalidated by
reason of the fact that in determining the amount to be raised
by such tax for the payment of salaries and increments no
deduction was made for appropriations or reimbursements paid
or payable by the Commonwealth to the School District which are
applicable directly or indirectly to the salaries and
increments. None of said taxes shall be invalidated or affected
by reason of the fact that it may increase the total annual
school tax levy of any school district beyond the millage fixed
or limited by this section. ((c) amended Dec. 10, 1974, P.L.914,
No.302)
(d) The boards of school directors of all independent school
districts in which the board members are elected or appointed
by court may, annually, levy a tax as herein authorized, at the
same time and in the same manner as other school districts of
the same class to which such independent district belongs, in
an amount which shall be sufficient with all other taxes imposed
by such district to pay the expenses of such district as set
forth in subsection (b) of this section and to pay all other
expenses and requirements of such district: Provided, That such

tax shall not be more than seventy-five (75) mills on the dollar
on the total amount of the assessed valuation of all property
taxable for school purposes within such district. Each such
district may also collect, annually, a per capita tax in an
amount of not less than one dollar ($1) and not more than ten
dollars ($10) on each resident or inhabitant of such district
over eighteen (18) years of age. ((d) amended June 16, 1972,
P.L.449, No.138)
(e) The board of school directors of any school district
of the third class with a coterminous boundary with a third
class city may in any year levy separate and different rates
of taxation for school purposes on all real estate classified
as land, exclusive of the buildings thereon, and on all real
estate classified as buildings on land. When real estate taxes
are so levied, (1) the rates shall be determined annually by a
vote of the board of school directors of a school district of
the third class based upon passage of the school district's
annual budget, (2) the rates may be levied by a school district
of the third class: Provided, That (i) the revenue obtained in
the first year of the levy is not in excess of one hundred
fifteen (115) per centum of the aggregate revenue which the
school district collected from a levy on real estate in the
prior year, and (ii) in the second and subsequent years, the
school district levy on real estate shall not be in excess of
the aggregate revenue which a school district is empowered to
collect under existing statute, and (3) the rates levied by a
school district of the third class shall be uniform as to all
real estate within the classification. ((e) added June 7, 1993,
P.L.49, No.16)
Section 672.1. School Districts Lying in More Than One
County or in More Than One Municipality; Limitation on Total
Tax Revenues.--(a) Whenever a school district shall lie in
more than one county, the total taxes levied on real estate
within the school district in each county shall be subject to:
(1) the limitation that the ratio which such total taxes
bears to the most recent valuation of the same properties by
the State Tax Equalization Board shall be uniform in all of the
counties, and the school district shall adjust its rate of
taxation applicable to the portion of the district in each
county to the extent necessary to achieve such uniformity; or
(2) as an alternative to the method provided in clause (1)
or (3), whenever a school district shall lie in more than one
county the board of assessment and revision of taxes in any of
the counties or all of the counties in which the school district
is located shall, at the request of the school directors of the
district, furnish the market value of each parcel of property
on the tax roll required to be furnished to the school directors
under any assessment law of the Commonwealth. The market value
of each parcel shall be (i) the quotient of the assessed value
divided by the latest ratio of assessed value to market value
in the municipality as determined by the State Tax Equalization
Board, or (ii) at the option of the school district, the market
value of each parcel shall be the quotient of the assessed value
divided by the latest ratio of assessed value to market value
as determined by the State Tax Equalization Board in the
aggregate of all municipalities of the school district within
the county, or (iii) at the option of the school district where
there are two or more ratios of assessed value to market value,
the school directors of that school district shall select the
lowest of the ratios for a uniform assessed value to market
value throughout the school district, or (iv) at the option of
the school district where such school district is located in a

home rule county, the school directors of that school district

may use the county assessments. Under this clause, the school
directors shall set a tax rate based upon a percentage not
exceeding seventy-five (75) per centum of such market values
which shall be uniform throughout the district; or
(3) as an alternative to the methods provided in clauses
(1) and (2), whenever a school district shall lie in more than
one county, the school directors of the district may set the
millage at a uniform rate for the entire district if the
counties are assessed at one hundred (100) per centum of the
market value and the counties are using the same base year for
assessed value and market value.
(b) In the event a school district or part thereof located
within one county is composed of two or more municipal
governments at least one of which levies property taxes upon
assessments made for county tax purposes and at least one of
which utilizes separate assessments made for municipal tax
purposes, the property tax levy for school district purposes
shall be equalized by either of the methods prescribed in
subsection (a)(1) or (2). If the former method is adopted, the
ratio which the total taxes levied in each part of the school
district bears to the most recent valuation of the same
properties by the State Tax Equalization Board shall be uniform;
if the latter method is adopted, the market value of each parcel
of property on the tax roll shall be (i) in the case of the
assessment made for county tax purposes, the quotient of the
assessed value divided by the latest ratio of assessed value
to market value for that portion of the school district as
determined by the State Tax Equalization Board and, (ii) in the
case of the separate assessment for municipal tax purposes, the
quotient of the assessed value divided by the product of the
latest ratio of assessed value to market value in the
municipality as determined by the State Tax Equalization Board
and the ratio of the total assessed valuation of the same
properties for municipal tax purposes to the total assessed
valuation of said properties for county tax purposes: Provided,
however, that the taxpayers of no municipality or political
subdivision within a school district shall pay an aggregate
amount in school property taxes which, as a percentage of total
school property taxes, shall exceed the ratio of its market
value to the total market value of the school district as
determined by the State Tax Equalization Board.
(c) Whenever a revision of assessment is completed in any
portion of a school district and the revised assessments are
to be used for school tax purposes the method prescribed in
subsection (a)(2) above to equalize school property tax levies
shall not be used until the latest ratio of assessed value to
market value as determined by the State Tax Equalization Board
for that portion of the school district is based upon the
revised assessments.
(672.1 amended Dec. 21, 1998, P.L.1194, No.154)
Section 672.2. School Districts Lying in More Than One
County; Tax Levy on Occupations.--(a) Any school district which
lies in more than one (1) county and which levies an occupation
tax, shall levy such tax uniformly upon each occupational
category existing in all counties in which the district lies,
at the lowest assessed valuation for each equivalent
occupational category as certified to the school district by
the counties in which the district lies.
(b) This section shall not apply to any school district
which levies an occupational assessment tax on the effective

date hereof unless the school district by resolution elected

to be subject thereto.
(672.2 added Nov. 20, 1979, P.L.465, No.97)
Section 673. Tax Rates to be Expressed in Dollars and
Cents.--Whenever the board of school directors of any school
district of the second, third, or fourth class shall, by
resolution, fix the rate of taxation for any year at a mill
rate, such resolution shall also include a statement expressing
the rate of taxation in dollars and cents on each one hundred
dollars of assessed valuation of taxable property.
Section 674. Property Subject to Tax; Districts Second
Class.--In school districts of the second class, the school
taxes shall be levied and assessed on the real estate and
personal property therein, as contained in the assessment used
for tax purposes in the city, borough, incorporated town or
township in which the school district is located or as contained
in the assessment made for county tax purposes.
(674 amended Jan. 26, 1966, 1965 P.L.1606, No.567)
Section 675. Certification of Assessments, etc.; Districts
Second Class.--In order to enable the board of school directors
in school districts of the second class to levy and assess the
necessary school taxes required by such school district each
year, the city clerk or other proper official required by law
so to do shall, annually, on or before the first day of April
in each year, at the expense of the city, furnish to each school
district of the second class for its use, to be retained by it,
a properly certified duplicate of the last adjusted valuation
of all real estate, personal property, and a list of all
residents or inhabitants made taxable in such school district
of the second class, stating the name of each taxable, the
valuation, and kind of property assessed. All of such real
estate, personal property, and residents or inhabitants are
hereby made taxable for school purposes in each such school
district of the second class. The properly certified duplicate,
herein required to be furnished each school district of the
second class at the expense of the city, shall consist of a
bound book printed and indexed according to the form to be
submitted by the secretary of the board of school directors of
each such school district to the city clerk or other proper
official on or before the first day of January of each year:
Provided, That in all cases where a school district of the
second class is not located wholly within the boundary lines
of a city, the county commissioners or other proper officials
in the county shall, at the expense of the county, furnish to
the school district a properly certified duplicate of the last
adjusted valuation of all real estate, personal property, and
residents or inhabitants made taxable for county purposes in
such school district.
(675 amended May 9, 1949, P.L.937, No.262)
Section 676. Property Subject to Tax; Districts Third and
Fourth Class.--In all school districts of the third class,
excepting school districts of that class which are located
wholly within the boundary lines of cities of the third class
and where such third class school districts comprise the same
territory as such city of the third class in which the same is
so located, and in all school districts of the fourth class,
the school taxes shall be levied and assessed upon all the
property upon which the county taxes are levied and assessed.
In all school districts of the third class which are located
wholly within the boundary lines of any city of the third class,
and where such third class school district comprises the same
territory as such city of the third class in which the same is

so located, the school taxes shall be levied and assessed on

the real estate and personal property therein as contained in
the assessment made for city tax purposes: Provided, That in
any such school district of the third class which is situated
within a county of the fourth to the eighth class, the board
of school directors may, by resolution, accept the provisions
of "The Fourth to Eighth Class County Assessment Law"
irrespective of whether or not the city has accepted the
provisions of such assessment law, and in such case the school
taxes shall be levied and assessed upon all the property upon
which the county taxes are levied and assessed.
(676 amended Apr. 11, 1961, P.L.80, No.34)
Section 677. Certification of Assessments, etc.; Districts
Third and Fourth Class.--(a) In order to enable the board of
school directors in each district of the third class, other
than school districts of that class which are located wholly
within the boundary lines of cities of the third class, and
where such third class school districts comprise the same
territory as such city of the third class in which the same is
so located, and in each district of the fourth class, to assess
and levy the necessary school taxes required by such district
each year, the county commissioners or other proper officials
in each county shall, on or before the first day of April in
each year, at the expense of the county, furnish to each school
district of the third class, other than school districts of
that class which are located wholly within the boundary lines
of cities of the third class, and where such third class school
districts comprise the same territory as such city of the third
class in which the same is so located, and to each district of
the fourth class therein, for its use, to be retained by it, a
properly certified duplicate of the last adjusted valuation of
all real estate, personal property, and residents or inhabitants
made taxable for county purposes in such school districts,
stating the name of each taxable, and the valuation,
description, and kind of property, and a list of the residents
or inhabitants assessed. All of such real estate, personal
property, and residents or inhabitants are hereby made taxable
for school purposes in each school district of the third and
fourth class.
(b) In order to enable the board of school directors in all
school districts of the third class which are located wholly
within the boundary lines of any city of the third class, and
where such third class school district comprises the same
territory as such city of the third class in which the same is
so located, to levy and assess the necessary school taxes
required by such school district each year, the city clerk or
other proper officials shall, annually, on or before the first
day of April in each year, at the expense of the city, furnish
to each school district of the third class mentioned in this
subsection, for its use, to be retained by it, a properly
certified duplicate of the last adjusted valuation of all real
estate, personal property, and a list of all residents or
inhabitants made taxable in such school district of the third
class mentioned in this subsection, stating the name of each
taxable, the valuation, and kind of property assessed. All of
such real estate, personal property, and residents or
inhabitants are hereby made taxable for school purposes in each
such school district of the third class. The properly certified
duplicate, herein required to be furnished each of such school
districts of the third class at the expense of the city, shall
consist of a bound book or books printed and indexed according
to the form to be submitted by the secretary of the board of

school directors of each school district to the city clerk or

other proper official on or before the first day of March of
each year.
Section 677.1. Additions and Revisions to
Duplicates.--Whenever in second, third and fourth class school
districts there is any construction of a building or buildings
not otherwise exempt as a dwelling and such building is not
included in the tax duplicate of the school district, the
authority responsible for assessments in the city, borough,
township or county shall, upon the request of the board of
school directors, direct the assessor in the district to inspect
and assess, subject to the right of appeal and adjustment
provided by the act of Assembly under which assessments are
made, all taxable property in the district to which major
improvements have been made and to give notice of such change
in the assessed valuation within ten days to the authority
responsible for assessments, the school district and the
property owner. Such property shall then be added to the
duplicate, and shall be taxable for school purposes at the
assessed valuation for that proportionate part of the fiscal
year of the school district remaining after the property was
improved. Any improvement made during the month shall be
computed as having been made on the first of the next succeeding
month. A certified copy of the additions or revisions to the
duplicate shall be furnished monthly by the board of school
directors to the tax collector for the district, and within ten
days thereafter the tax collector shall notify the owner of the
property of the taxes due the school district.
(677.1 amended July 8, 1989, P.L.253, No.43)
Section 678. Duplicates to Include Certain Territory.--The
tax duplicate to be certified by the count commissioners, the
city clerk, or other proper official, to every school district
of the second, third, or fourth class shall, in each proper
district, include such territory as was attached to another
district but by the provisions of the act, approved the
eighteenth day of May, one thousand nine hundred eleven
(Pamphlet Laws 309), became a part of the district in which it
is situated on the first Monday of July, one thousand nine
hundred eleven.
Section 679. Per Capita Taxes.--Each resident or inhabitant,
over eighteen years of age, in every school district of the
second, third, and fourth class, which shall levy such tax,
shall annually pay, for the use of the school district in which
he or she is a resident or inhabitant, a per capita tax of not
less than one dollar nor more than five dollars, as may be
assessed by the local school district. The tax collector shall
not proceed against a spouse or his employer until he has
pursued remedies against the delinquent taxpayer and the
taxpayer's employer under this section.
Each school district may exempt any person whose total income
from all sources is less than ten thousand dollars per annum
from its per capita tax or any portion thereof. The school
district may adopt and employ regulations for the processing
of claims for the exemption.
(679 amended Dec. 23, 2003, P.L.304, No.48)
Section 680. List of Residents for Per Capita Tax
Purposes.--(a) In order that the board of school directors of
each school district of the second, third, or fourth class may
assess, levy, and collect a per capita tax of not less than one
dollar nor more than five dollars on each resident or inhabitant
over eighteen years of age in the district, it shall be the
duty of the proper assessors in each such school district to

prepare a list of residents or inhabitants in such school

district over eighteen years of age, and return the same with
the other taxable property in the district, as provided by law.
In each school district all such lists of residents or
inhabitants shall be included and certified in the list of
taxable property to be certified to the board of school
directors in each such school district, as herein provided.
Assessors whose assessment district includes the whole or parts
of more than one school district shall return separate lists
of residents and inhabitants of each such school district.
(b) Every resident or inhabitant in any school district,
upon attaining eighteen years of age, and every person eighteen
years of age or over becoming a resident or inhabitant in any
school district, shall, within twelve months after the happening
thereof, notify the proper assessors of his becoming of age or
becoming a resident or inhabitant. Any person failing, within
said period, to notify the assessors of the school district
within which he resides, shall, in addition to the tax levied
by such school district, be liable to such school district in
a penal sum equal to such tax.
The board of school directors shall, at the same time as
they give public notice of a proposed budget, include a notice
of the requirements of this subsection, together with the name
and address of the assessor to be notified.
(680 amended June 16, 1972, P.L.449, No.138)
Section 680.1. Temporary Continuance of Tax on Landfill or
Resource Recovery Facilities.--Notwithstanding the provisions
of the act of July 28, 1988 (P.L.556, No.101), known as the
"Municipal Waste Planning, Recycling and Waste Reduction Act,"
any school district that initially imposed a tax on a municipal
waste landfill or resource recovery facility on or before June
30, 1988, but after December 31, 1987, may continue to collect
such tax at the rate in effect on July 1, 1988, during the
1988-1989 school year only.
(680.1 added Oct. 20, 1988, P.L.827, No.110)
Section 681. Certification of Levy.--In all school districts
of the second, third, and fourth class, as soon as the school
tax is assessed and levied by the board of school directors,
the secretary shall compute and enter the same, stating the
amount of school tax to be collected on the duplicate herein
required to be furnished to the district. A certified copy of
such duplicate shall be furnished by the board of school
directors to the tax collector in each district. In any school
district where the collector of school taxes is also the
collector of county taxes the secretary of the board of school
directors may compute and add the amount of the school taxes
to the duplicate furnished by the county commissioners to such
tax collector for county purposes. In all school districts of
the second, third, or fourth class, all tax duplicates shall
be furnished, as herein provided, to the tax collectors on or
before the first day of July in each year.
(681 amended July 31, 1963, P.L.389, No.206)
Section 682. Tax Duplicates and Warrants.--Each collector
of school taxes in every school district of the second, third,
or fourth class, shall, on or before the first day of July in
each year, be furnished with his tax duplicate.
(682 amended July 31, 1963, P.L.389, No.206)
Section 683. Appointment of Tax Collector in Certain
Cases.--The board of school directors in each school district
of the second, third, or fourth class, where a tax collector
is not elected to collect school taxes, or where there is a
vacancy, or where any tax collector elected refuses to qualify

or furnish a bond as herein provided, shall, annually, on or

before the first day of June in each year, appoint one or more
suitable persons as tax collectors in said school districts.
The board of school directors in any school district, appointing
any tax collector or tax collectors, may authorize and direct
any one tax collector to collect the school taxes in any one
or more wards or other proper divisions in such school district.
Section 684. Bond of Appointed Collectors.--(a) Every
person appointed collector of school taxes in any school
district of the second, third, or fourth class, before receiving
his tax duplicate, shall furnish to the school district a proper
bond, in an amount to be fixed by the board of school directors,
with such surety or sureties as it may approve, conditioned
upon the faithful performance of his duties as such tax
collector.
(b) In lieu of furnishing such a bond, the tax collector
may file his own collateral bond, in such amount as may be
required by the board of school directors, secured by an actual
deposit with the board of school directors, or with any bank
or trust company within the Commonwealth which may be agreed
upon, of any of the securities which depositories may use to
secure the deposit of school funds as herein provided. The total
market value of the securities, thus deposited, shall equal the
amount of the collateral bond. Such collateral bond shall be
conditioned upon the faithful performance of his duties as tax
collector. The securities, thus deposited, shall constitute a
trust fund to be available for the satisfaction of any liability
accruing upon the collateral bond. The securities shall be
accompanied by a proper assignment or power of attorney for
their transfer. Such trust deposit, in the event of any
depreciation in its value, shall be maintained, upon request
in writing of the board of school directors, at the amount
provided herein. The board of school directors may permit the
tax collector to substitute for any one or more bonds or
obligations included in any such securities other bonds or
obligations, that meet the requirements of this act.
(c) In school districts of the second class, the board of
school directors may in lieu of a surety bond accept a fidelity
bond, conditioned upon the accounting for and payment over of
all moneys received by him as taxes and the accounting for all
tax items contained in his duplicate which remain uncollected.
The tax collector and his sureties shall be discharged from
further liability on any bond as soon as all tax items contained
in the duplicate are either: (1) collected and paid over or,
(2) certified to the board of school directors for entry as
liens in the office of the prothonotary, or (3) returned to the
county commissioners for sale, or (4) the tax collector is
exonerated from the collection thereof.
(d) In case any person appointed tax collector shall fail
to furnish a proper bond, with the proper sureties or
securities, within fifteen days after his appointment, or notice
so to do, then, in any such case, the board of school directors
shall appoint another suitable person as collector of the school
taxes in said district in his place and stead, who, upon giving
the proper bond, with the proper sureties or securities, shall
be the duly authorized person to collect the school taxes in
said district for the ensuing school year.
Section 685. Disqualification for Reappointment, etc.--In
all school districts of the second, third, and fourth class,
no tax collector shall be reappointed, or be authorized to
collect any school taxes in any school year, unless he shall
have first settled his duplicate in full with the board of

school directors for the preceding year, in the manner herein

provided.
Section 686. Delinquent Taxes; Appointment of Collector;
etc.--(a) In all school districts of the second, third, and
fourth class, all unpaid school taxes assessed and levied upon
real property upon which there is no personal property out of
which the same can be collected, shall be certified by the tax
collector to the secretary of the board of school directors,
together with a proper description of the property upon which
the same is levied, on or before the first day of June in each
year. All delinquent school taxes so certified to the board of
school directors in any school district of the second, third,
or fourth class, by any school tax collector, shall be collected
by said board as provided by law.
(b) The board of school directors in such district may
annually, on or before the first day of July in each year,
appoint one or more suitable persons, as delinquent tax
collectors in said school district, to collect any and all
school taxes from the collection of which the original tax
collector has been exonerated, in accordance with the laws of
this Commonwealth, and which taxes still remain unpaid upon any
of the school tax duplicates, other than such unpaid school
taxes as shall have been filed as liens in the office of the
prothonotary, or have been returned to the county commissioners
for sale. Such delinquent tax collector or collectors shall,
upon the certification over to him or them of such taxes so
remaining unpaid, proceed to collect the same from the persons
respectively charged therewith, for which purpose he or they
shall have all the authority and power now vested by law in any
collector of school taxes for the collection of such taxes. The
board of school directors issuing the original warrants shall
issue an additional warrant to the collector or collectors of
such delinquent taxes so appointed. ((b) amended July 31, 1963,
P.L.389, No.206)
(c) Collectors of delinquent school taxes so appointed shall
give bond in the same manner as required of the original tax
collector, and shall be paid such commissions or compensation
as is paid the regular collector. Such commissions or
compensation shall be paid by proper orders drawn on the school
treasurer as other accounts are paid by the school district.
Every such collector of delinquent school taxes shall be
responsible and account to the board of school directors for
all such taxes collected by him in like manner and in accordance
with existing laws pertaining to school tax collections.
(d) (1) Each school district may assign some or all of its
claims for delinquent school taxes, either absolutely or as
collateral security, for an amount to be determined by the
school district and under such terms and conditions upon which
the school district and the assignee may agree in writing. Upon
such an assignment, the following shall apply:
(i) The school district or the assignee shall direct the
tax claim bureau to record notice of the assignment on the
docket.
(ii) Assignment shall not be deemed a discharge or
satisfaction of the claim or the taxes giving rise to the claim,
and the lien of the assigned claim and taxes giving rise to the
claim shall continue in favor of the assignee.
(iii) The assignee shall have and enjoy the same rights,
privileges and remedies as were held by the school district
with respect to the assigned claim and the tax giving rise to
the claim.

(iv) An owner of property shall have the same rights and

defenses under all laws applicable to the collection and
enforcement of tax claims that the owner held against the
assignor.
(2) A claim assigned pursuant to this subsection may be
further assigned, with the subsequent assignee having and
enjoying the same rights, privileges and remedies as its
assignor had, provided that notice of any subsequent assignment
is recorded pursuant to paragraph (1).
((d) added July 4, 2004, P.L.536, No.70)
Section 687. Annual Budget; Additional or Increased
Appropriations; Transfer of Funds.--(a) (1) The board of
school directors of each school district of the second, third,
or fourth class shall, annually, at least thirty (30) days prior
to the adoption of the annual budget, prepare a proposed budget
of the amount of funds that will be required by the school
district in its several departments for the following fiscal
year. Such proposed budget shall be prepared on a uniform form,
prepared and furnished by the Department of Education. The
uniform form shall require identification of specific function,
subfunction and major object of expenditure. On the date of
adoption of the proposed budget required under this section,
the president of the board of school directors shall certify
to the Department of Education that the proposed budget has
been prepared, presented and will be made available for public
inspection using the uniform form prepared and furnished by the
Department of Education. The certification shall be in a form
and manner as required by the Department of Education. Final
action shall not be taken on any proposed budget that has not
been prepared, presented and made available for public
inspection using the uniform form prepared and furnished by the
Department of Education. Final action shall not be taken on any
proposed budget in which the estimated expenditures exceed two
thousand dollars ($2000) until after ten (10) days' public
notice. Nothing in this act shall be construed to prevent any
school district whose total estimated expenditures do not exceed
two thousand dollars ($2000) from holding a public hearing.
(2) (i) The proposed budget, on the uniform form required
by the Department of Education, shall be printed or otherwise
made available for public inspection to all persons and shall
be made available for duplication to any person, on request,
at least twenty (20) days prior to the date set for the adoption
of the budget.
(ii) Fees for duplication under this paragraph by
photocopying, printing from electronic media or microfilm,
copying onto electronic media, transmission by facsimile or
other electronic means and other means of duplication must be
reasonable and based on prevailing fees for comparable
duplication services provided by local business entities.
((a) amended July 13, 2005, P.L.226, No.46)
(b) The board of school directors, after making such
revisions and changes therein as appear advisable, shall adopt
the budget and the necessary appropriation measures required
to put it into effect. The total amount of such budget shall
not exceed the amount of funds, including the proposed annual
tax levy and State appropriation, available for school purposes
in that district. Within fifteen (15) days after the adoption
of the budget, the board of school directors shall file a copy
of the same in the office of the Department of Public
Instruction. ((b) amended Jan. 14, 1970, 1969 P.L.468, No.192)
(c) The board of school directors may, during any fiscal
year, make additional appropriations or increase existing

appropriations to meet emergencies, such as epidemics, floods,

fires, or other catastrophies, or to provide for the payment
for rental under leases or contracts to lease from the State
Public School Building Authority or any municipality authority
entered into subsequent to the date of the adoption of the
budget. The funds therefor shall be provided from unexpended
balances in existing appropriations, from unappropriated
revenue, if any, or from temporary loans. Such temporary loans,
when made, shall be approved by a two-thirds vote of the board
of school directors. ((c) amended Jan. 21, 1952, 1951 P.L.2195,
No.627)
(d) The board of school directors shall have power to
authorize the transfer of any unencumbered balance, or any
portion thereof, from one class of expenditure or item, to
another, but such action shall be taken only during the last
nine (9) months of the fiscal year.
(e) For the fiscal year 1980-1981, a school district may,
by a majority vote of the board of school directors, reopen its
budget for the purpose of reallocating any surplus funds in the
district budget for the retirement of any outstanding
indebtedness of the district or for the reduction of property
taxes for the fiscal year 1980-1981. ((e) added June 30, 1981,
P.L.140, No.45)
(f) For the fiscal year 1980-1981, a school district may,
by a majority vote of the board of school directors, reopen its
budget for the purpose of reallocating any surplus funds in the
district budget for the retirement of any outstanding
indebtedness of the district or for the reduction of property
taxes for the fiscal year 1980-1981. ((f) added Feb. 4, 1982,
P.L.1, No.1)
(g) (1) Notwithstanding any other provisions of this act,
the board of school directors of each school district is
required to, and shall, reopen its 1991-1992 budget during the
month of August 1991 for the purposes of adjusting their budgets
to reflect the following increased State allocations for fiscal
year 1991-1992 provided by the General Assembly through the act
of August 4, 1991 (P.L.484, No.7A), known as the "General
Appropriation Act of 1991": subsidy payments on account of
instruction; small district assistance payment; payments on
account of transportation of nonpublic school pupils; and State
reimbursement for health services.
(2) In those districts which levy taxes and where the
increased State allocations exceed the State revenue figures
utilized by the school district at the time of adoption of its
original fiscal year 1991-1992 budget, the district shall use
these increases in State allocations to abate local property
tax or nuisance taxes, or both, which were levied at the time
of original budget adoption within sixty (60) days of the
reopening of the district's budget. Districts may implement
such tax abatements in the form of tax credits against 1992-1993
tax bills or may use such increases in State allocations to
reduce or retire outstanding school district indebtedness.
(3) Those districts which levy taxes and in which the
increased State allocations, when compared to State revenue
figures utilized in their originally adopted budget, exceed the
budgeted figures by an amount insufficient to cost-effectively
prepare and mail adjusted tax notices shall apply to the
Department of Education for a waiver of this tax rebate
provision.
(4) Districts that obtain waivers from the Department of
Education shall use all the increased State allocations to meet
fiscal year 1991-1992 program needs. Districts that do not

obtain waivers from the Department of Education shall use all

the increased State allocations to abate local tax levies.
Districts that implement such tax abatement in the form of a
credit against 1992-1993 tax bills may hold the increased State
allocations in a reserve account or fund balance during the
1991-1992 fiscal year. Under no other circumstances shall any
of these increased State allocations be used to increase a
district's existing fund balance or for deposit into any
district reserve accounts.
(5) At such time as school districts mail out adjusted tax
notices resulting from 1991-1992 budget reopening actions, such
notice shall include the following statement:
"These decreased school district tax assessments result from
additional revenues allocated to the district as a result
of passage of the 'General Appropriation Act of 1991' by the
Pennsylvania General Assembly."
(6) The Department of Education shall establish the
administrative procedures necessary to implement and to audit
school district compliance with the provisions of this section
and shall report its findings to the Education Committee of the
Senate and the Education Committee of the House of
Representatives.
((g) amended July 9, 1992, P.L.392, No.85)
(h) Beginning with the adjusted final fiscal year 1991-1992
budget, and each fiscal year thereafter, on or before September
15, each school district shall furnish to the Education
Committee of the Senate and the Education Committee of the House
of Representatives an electronic copy of the school district's
final adopted annual budget to include the amount of district
revenues being held in excess of its total budgeted
expenditures. Such documentation shall include an explanation
of the district's need to maintain the revenues in this fund
balance. ((h) amended July 9, 2013, P.L. , No.59)
(i) (1) Notwithstanding any other provisions of this act,
the board of school directors of each school district is
required to and shall reopen its 2002-2003 budget during the
month of July 2002 to reflect the increased State allocations
under sections 2502.13, 2502.40, 2509.3 and 2591.1 for fiscal
year 2002-2003 provided by the General Assembly through the act
of June 29, 2002 (P.L.2106, No.7A), known as the "General
Appropriation Act of 2002."
(2) In those school districts which levy taxes and where
the increased State allocations exceed the State revenue figures
utilized by the school district at the time of adoption of its
original fiscal year 2002-2003 budget, the board of school
directors shall use the increases in State allocations to do
any of the following:
(i) abate any local taxes which were levied at the time of
original budget adoption. Such tax abatements shall occur within
sixty (60) days of the reopening of the school district's budget
and may take the form of tax reductions, rebates or credits;
(ii) reduce or retire any outstanding indebtedness of the
school district; or
(iii) restore funding to any educational programs which
were reduced or eliminated for the 2002-2003 school year.
(3) Under no circumstances shall any increased State
allocations be used to increase a school district's reserved
or unreserved fund balance.
((i) added June 29, 2002, P.L.524, No.88)
(j) Notwithstanding any other provisions of this act, the
board of school directors of each school district may reopen
its 2003-2004 budget, its 2004-2005 budget, its 2005-2006

budget, its 2006-2007 budget, its 2007-2008 budget or its

2008-2009 budget to reflect any State allocations for fiscal
year 2003-2004, fiscal year 2004-2005, fiscal year 2005-2006,
fiscal year 2006-2007, fiscal year 2007-2008 or fiscal year
2008-2009 provided by the General Assembly through this act.
((j) amended July 9, 2008, P.L.846, No.61)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 687(j), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 688. Limitations on Certain Unreserved Fund
Balances.--(a) For the 2005-2006 school year and each school
year thereafter, no school district shall approve an increase
in real property taxes unless it has adopted a budget that
includes an estimated ending unreserved, undesignated fund
balance less than the percentages set forth as follows:
School District
Estimated Ending Unreserved, Undesignated
Total Budgeted
Fund Balance as Percentage of
Expenditures
Total Budgeted Expenditures
Less Than or Equal to $11,999,999
12%
Between $12,000,000 and $12,999,999
11.5%
Between $13,000,000 and $13,999,999
11%
Between $14,000,000 and $14,999,999
10.5%
Between $15,000,000 and $15,999,999
10%
Between $16,000,000 and $16,999,999
9.5%
Between $17,000,000 and $17,999,999
9%
Between $18,000,000 and $18,999,999
8.5%
Greater Than or Equal to $19,000,000
8%
(b) By August 15, 2005, and August 15 of each year
thereafter, each school district that approves an increase in
real property taxes shall provide the Department of Education
with information certifying compliance with this section. Such
information shall be provided in a form and manner prescribed
by the Department of Education and shall include information
on the school district's estimated ending unreserved,
undesignated fund balance expressed as a dollar amount and as
a percentage of the school district's total budgeted
expenditures for that school year.
(c) As used in this section, "estimated ending unreserved,
undesignated fund balance" shall mean that portion of the fund
balance which is appropriable for expenditure or not legally
or otherwise segregated for a specific or tentative future use,
projected for the close of the school year for which a school
district's budget was adopted and held in the General Fund
accounts of the school district.
(688 added Dec. 23, 2003, P.L.304, No.48)
(f) Capital Reserve Fund for School Building
Project Programs Approved by the Department of Public
Instruction.
((f) added Nov. 30, 1959, P.L.1597, No.577)
Section 690. Creation of Capital Reserve Fund for Approved
School Building Project Programs.--Any school district shall
have the power to create a special fund, which may be designated
as a Capital Reserve Fund, and to accumulate therein moneys to
be expended, in accordance with the provisions of this act,
during a period not to exceed five years from the date when the
first payment was made into the fund, for the purpose of

constructing a school building project or projects under a

long-term project program approved by the Department of Public
Instruction. The proposed project program may include the cost
of acquiring suitable sites for school buildings, the cost of
constructing new school buildings, or the cost of providing
needed additions or alterations to existing buildings. The
Department of Public Instruction may approve any project
programs if it shall find in the case of all school districts,
except school districts of the first class, first class A and
second class which are not part of a county-wide plan, that
each component of the proposed project program is in conformity
to plans for the orderly development of improved attendance
areas and administrative units and for the improved housing of
public schools in the Commonwealth and in the case of all school
districts, that the building or buildings will conform to
standards prescribed by the State Board of Education with
respect to educational and architectural design, building
materials, fixtures and equipment, location, usefulness for
community activities, safety, comfort and convenience and that
the school district will have the ability to meet from current
revenues the rental or sinking fund charge which may be
necessary to amortize that portion of the cost of the proposed
project or projects which is not covered by anticipated
accumulation of money in the district's capital reserve fund.
Moneys accumulated in the district's capital reserve fund may
be paid as a lump sum at the time that construction of the
project or projects is begun or payment of such accumulated
sums may be spread over a period of years as a part of the
annual rental or sinking fund charge approved by the Department
of Public Instruction for the proposed project or projects.
(Par. amended Jan. 14, 1970, 1969 P.L.468, No.192)
The capital reserve fund herein provided for shall consist
of receipts from a special tax which each board of school
directors or board of education is hereby authorized to levy
in accordance with the provisions of this act. Such tax levy
may not exceed three mills in any one year; nor may the tax be
levied, on account of any one project program, for a period of
more than five years. Furthermore, such tax may be levied only
for the purpose of financing a school building project or
projects which have been approved by the Department of Public
Instruction for construction within five years from the date
of the approval given by that department. Upon the total and
final completion of a project program which for the purpose
herein contemplated, may include the construction,
reconstruction, or renovation of more than one building, the
board of school directors may proceed to set up a new project
program for later construction and may establish a new capital
reserve fund to finance such project program.
If for any reason the project program for which the capital
reserve fund was established fails to materialize, the moneys
accumulated in the fund shall be reverted to the district's
general fund in equal amounts spread over a period of five
years.
(690 added Nov. 30, 1959, P.L.1597, No.577)
Section 691. Investment of Fund; Budget; Record.--The moneys
in the capital reserve fund shall be kept separate and apart
from any other fund by the treasurer of the school district,
and the moneys in the fund may be invested by the board of
directors or by the board of education in securities legal for
the investment of sinking fund moneys of school districts. The
interest earnings on investments shall be paid into the capital
reserve fund. The board of directors or the board of education

may sell any such securities and reinvest the moneys in other
securities or convert such securities into cash when the same
may be needed for expenditure under the provisions of this act
or for reverting to the general fund if the approved project
or projects fail to materialize within the five year period.
The school district shall annually show in its budget and in
its annual financial report, the amount of moneys in the capital
reserve fund which shall at all times be properly identified
as to purpose and authority under which it is constituted.
(691 added Nov. 30, 1959, P.L.1597, No.577)
Section 692. Expenditure of Fund.--The moneys in any such
capital reserve fund may be expended by the school district
singly or jointly (1) with the Commonwealth or any department
or agency thereof; (2) with the Federal government or any
department or agency thereof; or (3) with one or more other
school districts only during the period of time for which the
fund was created, and only for capital improvements approved
by the Department of Public Instruction and for no other
purpose.
(692 added Nov. 30, 1959, P.L.1597, No.577)
(f) Distressed School Districts
((f) added Dec. 15, 1959, P.L.1842, No.675)
Section 691. When District Distressed.--(a) Except for a
school district of the first class A, second class, third class
or fourth class, a school district shall be deemed to be
distressed when any one of the following circumstances shall
arise and the Secretary of Education, after proper investigation
of the district's financial condition, the administrative
practices of the board and such other matters deemed appropriate
by the Secretary of Education, has issued a certificate
declaring such district in financial distress:
(1) The salaries of any teachers or other employes have
remained unpaid for a period of ninety (90) days.
(2) The tuition due another school district remains unpaid
on and after January first of the year following the school
year it was due and there is no dispute regarding the validity
or amount of the claim.
(3) Any amount due any joint board of school directors under
a joint board agreement remains unpaid for a period of ninety
(90) calendar days beyond the due date specified in the joint
board's articles of agreement.
(4) The school district has defaulted in payment of its
bonds or interest on such bonds or in payment of rentals due
any authority for a period of ninety (90) calendar days and no
action has been initiated within that period of time to make
payment.
(5) The school district has contracted any loan not
authorized by law.
(6) The school district has accumulated and has operated
with a deficit equal to two per centum (2%) or more of the
assessed valuation of the taxable real estate within the
district for two successive years.
(7) A new, merged or union school district has been formed
and one or more of the former school districts which compose
the merged or union school district was a distressed school
district at the time of the formation of the merged or union
school district.
((a) amended July 12, 2012, P.L.1142, No.141)
(b) No school district shall be deemed to be distressed by
reason of any of the above circumstances arising as a result

of the failure of the Commonwealth to make any payment of money

due the district at the time such payment is due.
(c) In addition to the circumstances to determine financial
distress under subsection (a), the Secretary of Education may
declare a school district of the first class to be distressed
if the Secretary of Education determines that:
(1) the school district of the first class failed to adopt
or to comply with a valid budget to operate the school district
for a minimum instructional school year under section 1501;
(2) the school district of the first class failed to
allocate or transfer revenues to ensure that funds are
sufficient to provide a minimum instructional school year under
section 1501;
(3) the city of the first class failed to transfer revenues
to the school district consistent with the current budget; or
(4) the school district of the first class has failed or
will fail to provide for an educational program in compliance
with the provisions of this act, regulations of the State Board
of Education or standards of the Secretary of Education.
(691 amended Apr. 27, 1998, P.L.270, No.46)
Compiler's Note: Section 27 of Act 46 of 1998, which amended
section 691, provided that the Pennsylvania Supreme Court
shall have exclusive jurisdiction to hear any challenge
to or to render a declaratory judgment concerning the
constitutionality of sections 691(c) and 696 and issues
related to collective bargaining arising under those
sections. The Supreme Court is authorized to take such
action as it deems appropriate, consistent with the
Supreme Court retaining jurisdiction over such a matter,
to find facts or to expedite a final judgment in
connection with such a challenge or request for
declaratory relief.
Section 692. Special Board of Control; Petition;
Appointments.--(692 repealed July 12, 2012, P.L.1142,
No.141)
Section 692.1. When No Appointment is Made.--(692.1 repealed
July 12, 2012, P.L.1142, No.141)
Section 692.2. Compensation of Special Board of
Control.--(692.2 repealed July 12, 2012, P.L.1142,
No.141)
Section 693. Powers of Special Board of Control.--(a)
Except as otherwise provided in subsection (b), when the
special board of control assumes control of a distressed school
district, it shall have power and is hereby authorized to
exercise all the rights, powers, privileges, prerogatives and
duties imposed or conferred by law on the board of school
directors of the distressed district, and the board of school
directors shall have no power to act without the approval of
the special board of control. In addition thereto, the special
board of control shall have power to require the board of
directors within sixty (60) days to revise the district's budget
for the purpose of effecting such economies as it deems
necessary to improve the district's financial condition. To
this end the special board of control may require the board:
(1) To cancel or to renegotiate any contract other than
teachers' contracts to which the board or the school district
is a party, if such cancellation or renegotiation of contract
will effect needed economies in the operation of the district's
schools.
(2) To increase tax levies in such amounts and at such times
as is permitted by the act to which this is an amendment.

(3) To appoint a special collector of delinquent taxes for

the district who need not be a resident of the school district.
Such special tax collector shall exercise all the rights and
perform all the duties imposed by law on tax collectors for
school districts. The superseded tax collector shall not be
entitled to any commissions on the taxes collected by the
special collector of delinquent taxes.
(4) To direct the special school auditors of the department
or to appoint a competent independent public accountant to audit
the accounts of the distressed school districts.
(5) To dispense with the services of such nonprofessional
employes as in his judgment are not actually needed for the
economical operation of the school system.
(6) To suspend, in accordance with the provisions of section
1124 of the act to which this is an amendment, such number of
professional and temporary professional employes as may be
necessary to maintain a pupil-teacher ratio of not less than
twenty-six pupils per teacher for the combined elementary and
secondary school enrollments.
(b) The provisions of subsection (a) shall not apply to a
school district of the first class A, second class, third class
or fourth class.
(693 amended July 12, 2012, P.L.1142, No.141)
Section 694. Additional Tax.--(694 repealed July 12, 2012,
P.L.1142, No.141)
Section 695. School Directors to Remain in Office;
Elections.--(695 repealed July 12, 2012, P.L.1142,
No.141)
Section 696. Distress in School Districts of the First
Class.--(a) Within thirty (30) days of a declaration by the
Secretary of Education that a school district of the first class
is distressed under section 691(c), a School Reform Commission
shall be established consisting of four members initially
appointed by the Governor and one member initially appointed
by the mayor of the city coterminous with the school district.
The School Reform Commission shall be an instrumentality of a
school district of the first class, exercising the powers of
the board of school directors. The Governor shall appoint a
chairman of the School Reform Commission. At least three of the
commission members, including the member appointed by the mayor,
must be residents of the school district. ((a) amended June 29,
2002, P.L.524, No.88)
(b) Membership of the School Reform Commission shall be as
follows:
(1) Members appointed pursuant to this section shall serve
terms as follows:
(i) Two of the members appointed by the Governor shall serve
initial terms of seven (7) years.
(ii) One of the members appointed by the Governor shall
serve an initial term of five (5) years.
(iii) One of the members appointed by the Governor shall
serve an initial term of three (3) years. Upon the expiration
of the initial term of this member, the mayor shall appoint an
individual to fill this position.
(iv) The member appointed by the mayor shall serve an
initial term of three (3) years.
(v) After the expiration of each initial term:
(A) Members appointed by the Governor under subclauses (i)
and (ii) shall be appointed for a term of five (5) years.
(B) Members appointed by the mayor under subclauses (iii)
and (iv) shall be appointed for a term of four (4) years.

(2) Except as authorized in this subsection, no commission

member may be removed from office during a term. The Governor
may, upon proof by clear and convincing evidence of malfeasance
or misfeasance in office, remove a commission member prior to
the expiration of the term. Before a commission member is
removed, that member must be provided with a written statement
of the reasons for removal and an opportunity for a hearing in
accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and Ch. 7 Subch. A
(relating to judicial review of Commonwealth agency action).
(3) Upon the expiration of term or the occurrence of a
vacancy in the office of a commission member appointed by the
Governor, the Governor shall appoint, with the consent of a
majority of the members elected to the Senate, the successor
member. Upon the expiration of term or the occurrence of a
vacancy in the office of a commission member appointed by the
mayor, the mayor shall appoint the successor member. An
appointment to fill a vacancy shall be for the balance of the
unexpired term.
(4) A commission member shall hold office until a successor
has been appointed and qualified.
(5) A commission member may serve successive terms.
(6) No commission member may, while in the service of the
School Reform Commission, seek or hold a position as any other
public official within this Commonwealth or as an officer of a
political party.
(7) Commission members shall be reimbursed for reasonable
and necessary expenses incurred in the performance of their
official duties from funds of the school district.
((b) amended June 29, 2002, P.L.524, No.88)
(b.1) Actions of the School Reform Commission shall be by
a majority vote. A majority of the commission members appointed
shall constitute a quorum.
(b.2) Upon the issuance of a declaration by the Secretary
of Education that a school district of the first class is
distressed under section 691(c), the Governor shall appoint an
interim chairman of the School Reform Commission, who shall
have the full power and authority of the School Reform
Commission. The interim chairman shall serve for a term not to
exceed thirty (30) days. The interim chairman may be appointed
to the School Reform Commission pursuant to this section.
(c) The School Reform Commission may suspend or dismiss the
superintendent or any person acting in an equivalent capacity.
(d) (Deleted by amendment).
(e) The following shall apply:
(1) The School Reform Commission shall be responsible for
the operation, management and educational program of the school
district of the first class. The powers and duties of the board
of school directors of a school district of the first class
shall be suspended. All powers and duties granted heretofore
to the board of school directors of a school district of the
first class under this act or any other law, including its
authority to levy taxes and incur debt, shall be vested in the
School Reform Commission until the Secretary of Education issues
a declaration under subsection (n).
(2) The School Reform Commission may enter into agreements
necessary to provide for the operation, management and
educational programs of the school district of the first class.
The agreements shall include appropriate fiscal and academic
accountability measures. Academic accountability measures shall
include:

(i) Strategic goals and objectives for improving academic

performance.
(ii) Methods setting forth how the strategic goals and
objectives are to be achieved and the specific methodology for
evaluating results.
(f) (Deleted by amendment).
(g) (Deleted by amendment).
(h) The School Reform Commission shall be responsible for
financial matters related to the distressed school district of
the first class and:
(1) All taxes authorized to be levied by a school district
of the first class or for a school district of the first class
by a city or county of the first class on the date of the
declaration of distress shall continue to be authorized and
levied in accordance with this act and shall be transmitted to
the school district. For the first fiscal year or part thereof
and every fiscal year thereafter in which the school district
is declared to be distressed, the amount appropriated or paid
by the city or county to the school district and the tax
authorized by the city or county to be levied for the school
district or dedicated to the school district shall be an amount
or tax not less than the highest amount paid by the city or
county to the school district or authorized by the city or
county to be levied for the school district or dedicated to the
school district during any of the three full preceding fiscal
years. In addition, the city of the first class shall provide
to the school district of the first class all other available
local non-tax revenue, including grants, subsidies or payments
made during the prior year.
(2) In addition to the moneys collected under paragraph
(1), the city of the first class shall remit to the school
district of the first class for each year that the school
district is declared distressed that portion of all other local
tax revenue levied for a full fiscal year by a city or county
of the first class coterminous with a school district of the
first class that was allocated to the school district prior to
the school district being declared distressed in accordance
with section 691(c).
(3) All taxes collected on behalf of a school district of
the first class by any person or entity, including a city or
county of the first class, shall be promptly paid following
collection to the School Reform Commission for the benefit of
the school district.
(4) In the event the city or county of the first class does
not meet the financial obligations prescribed in this
subsection, the Commonwealth may apply to that obligation any
amounts otherwise due from the Commonwealth to the city or
county of the first class, including, but not limited to,
grants, awards and moneys collected by the Commonwealth on
behalf of the city or county of the first class. Funds withheld
shall be maintained in a separate account by the State Treasurer
to be disbursed as determined by the Secretary of Education in
consultation with the State Treasurer.
(5) The School Reform Commission shall adopt a budget.
((h) amended June 29, 2002, P.L.524, No.88)
(i) In addition to all powers granted to the superintendent
by law and a special board of control under section 693 and
notwithstanding any other law to the contrary, the School Reform
Commission shall have the following powers:
(1) To appoint such persons and other entities as needed
to conduct fiscal and performance audits and other necessary
analyses.

(2) To enter into agreements with persons or for-profit or

nonprofit organizations to operate one or more schools. A school
operated under this clause shall be funded in accordance with
the terms of the agreement.
(i) All applications to operate a charter school in a school
year after a declaration of distress is issued and all charter
schools established after a declaration of distress is issued
shall not be subject to sections 1717-A(b), (c), (d), (e), (f),
(g), (h) and (i), 1722-A(c) and 1724-A.
(ii) The School Reform Commission may suspend or revoke a
charter pursuant to section 1729-A.
(3) To suspend the requirements of this act and regulations
of the State Board of Education except that the school district
shall remain subject to those provisions of this act set forth
in sections 1073, 1073.1, 1076, 1077, 1078, 1080, 1732-A(a),
(b) and (c), 1714-B and 2104 and regulations under those
sections. ((3) amended July 12, 2012, P.L.1142, No.141)
(4) To employ professional and senior management employes
who do not hold State certification if the School Reform
Commission has approved the qualifications of the person at a
salary established by the commission.
(5) To enter into agreements with persons or for-profit or
nonprofit organizations providing educational or other services
to or for the school district. Services provided under this
clause shall be funded in accordance with the terms of the
agreement.
(6) Notwithstanding any other provisions of this act, to
close or reconstitute a school, including the reassignment,
suspension or dismissal of professional employes.
(7) To suspend professional employes without regard to the
provisions of section 1125.1.
(8) To appoint managers, administrators or for-profit or
nonprofit organizations to oversee the operations of a school
or group of schools within the school district.
(9) To reallocate resources, amend school procedures,
develop achievement plans and implement testing or other
evaluation procedures for educational purposes.
(10) To supervise and direct principals, teachers and
administrators.
(11) To negotiate any memoranda of understanding under the
collective bargaining agreement in existence on the effective
date of this section.
(12) To negotiate a new collective bargaining agreement.
(13) To delegate to a person, including an employe of the
school district or a for-profit or nonprofit organization,
powers it deems necessary to carry out the purposes of this
article, subject to the supervision and direction of the School
Reform Commission.
(14) To employ, contract with or assign persons or
for-profit or nonprofit organizations to review the financial
and educational programs of school buildings and make
recommendations to the School Reform Commission regarding
improvements to the financial or educational programs of school
buildings.
(j) The board of school directors of the distressed school
district of the first class shall continue in office for the
remainder of their terms during the time the district is
operated by the commission unless removed for neglect of duty
under section 318 by the court of common pleas or unless the
director is elected to another position not compatible with the
position of school director or is appointed to a position for
which there is a requirement that the appointee shall hold no

elective office. The board of school directors shall perform

any duties delegated to it by the commission. The establishment
of the School Reform Commission shall not interfere with the
regular selection of school directors for the school district
of the first class.
(k) Collective bargaining between employes and the school
district of the first class shall be conducted in accordance
with this subsection. For purposes of collective bargaining,
as used in section 693 and this section: "professional employe"
shall have the meaning given in section 1101(1), and "teacher"
shall have the meaning given in section 1202-A.
(1) ((1) repealed June 22, 2001, P.L.530, No.35)
(2) No distressed school district of the first class shall
be required to engage in collective bargaining negotiations or
enter into memoranda of understanding or other agreements
regarding any of the following issues:
(i) Contracts with third parties for the provision of goods
or services, including educational services or the potential
impact of such contracts on employes.
(ii) Decisions related to reductions in force.
(iii) Staffing patterns and assignments, class schedules,
academic calendar, places of instruction, pupil assessment and
teacher preparation time.
(iv) The use, continuation or expansion of programs
designated by the School Reform Commission as pilot or
experimental programs.
(v) The approval or designation of a school as a charter
or magnet school.
(vi) The use of technology to provide instructional or other
services.
(3) A collective bargaining agreement for professional
employes entered into after the expiration of the agreement in
effect on the date of the declaration of distress shall provide
for the following:
(i) A school day for professional employes that is equal
to or exceeds the State average as determined by the department.
An extension of the school day resulting from this requirement
shall be used exclusively for instructional time for students.
(ii) The number of instructional days shall be equal to or
exceed the State average number of instructional days.
(iii) The School Reform Commission shall not increase
compensation for employes solely to fulfill the requirements
under subparagraphs (i) and (ii).
(4) A provision in any contract in effect on the date of
the declaration of distress under this subsection that is in
conflict with this subsection shall be discontinued in any new
or renewed contract.
(5) Except as specifically provided in section 693, nothing
in this subsection shall eliminate, supersede or preempt any
provision of an existing collective bargaining agreement until
the expiration of the agreement unless otherwise authorized by
law.
(6) If upon the termination of a collective bargaining
agreement in effect on the date of the declaration of distress
under this section a new collective bargaining agreement has
not been ratified, the School Reform Commission shall establish
a personnel salary schedule to be used until a new agreement
is ratified.
(l) During the time the school district of the first class
is under the direction of the School Reform Commission, all
school employes shall be prohibited from engaging in any strike
as defined in Article XI-A and section 301 of the act of July

23, 1970 (P.L.563, No.195), known as the "Public Employe

Relations Act." The Secretary of Education may suspend the
certificate of an employe who violates this subsection.
(m) (Deleted by amendment).
(n) The Secretary of Education, only upon the recommendation
of a majority of the School Reform Commission, may issue a
declaration to dissolve the School Reform Commission. The
dissolution declaration shall be issued at least one hundred
eighty (180) days prior to the end of the current school year
and shall be effective at the end of that school year. Except
as otherwise provided in this section, after dissolution the
board of school directors shall have the powers and duties of
the School Reform Commission.
(n.1) When a declaration has been issued by the Secretary
of Education under section 691(c) and a School Reform Commission
has been appointed under this section, section 1705-B shall be
suspended for school districts of the first class.
(n.2) Beginning in 2003, by August 31 of each year, the
School Reform Commission shall provide a report for the
preceding school year regarding progress made toward
improvements in fiscal and academic performance in a school
district of the first class. The report shall be filed with the
Governor's Office and with the chairman and minority chairman
of the Education Committee of the Senate and the chairman and
minority chairman of the Education Committee of the House of
Representatives.
(o) The provisions of this section are severable. If any
provision of this section or its application to any person or
circumstance is held invalid, the invalidity shall not affect
the remaining provisions or applications.
(696 amended Oct. 30, 2001, P.L.828, No.83)
Compiler's Note: Section 27 of Act 46 of 1998, which added
section 696, provided that the Pennsylvania Supreme Court
shall have exclusive jurisdiction to hear any challenge
to or to render a declaratory judgment concerning the
constitutionality of sections 691(c) and 696 and issues
related to collective bargaining arising under those
sections. The Supreme Court is authorized to take such
action as it deems appropriate, consistent with the
Supreme Court retaining jurisdiction over such a matter,
to find facts or to expedite a final judgment in
connection with such a challenge or request for
declaratory relief.
Section 697. Educational Assessment Center.--(a) A
governing body of a distressed school district shall establish
an independent educational assessment and reporting center to
monitor and report on the performance of the publicly funded
schools in the distressed school district.
(b) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Distressed school district." A school district of the first
class which has been declared to be distressed by the Secretary
of Education under section 691.
"Governing body." A school reform commission established
in accordance with section 696(a) or the commission's successor.
(697 added Apr. 18, 2002, P.L.264, No.36)
ARTICLE VI-A
SCHOOL DISTRICT FINANCIAL RECOVERY
(Art. added July 12, 2012, P.L.1142, No.141)

(a) Preliminary Provisions

(Subart. (a) added July 12, 2012, P.L.1142, No.141)
Section 601-A. Scope of article.
This article provides for financial recovery in certain
school districts.
(601-A added July 12, 2012, P.L.1142, No.141)
Section 602-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Advisory committee." The advisory committee established
by a board of school directors under section 654-A.
"Chief recovery officer." The chief recovery officer
appointed by the Secretary of Education under section 631-A.
"Claim." A right to:
(1) payment, whether or not the right is reduced to
judgment, liquidated, unliquidated, fixed, contingent,
matured, unmatured, disputed, undisputed, legal, equitable,
secured or unsecured; or
(2) an equitable remedy for breach of performance if
the breach gives rise to a right to payment, whether or not
the right to an equitable remedy is reduced to judgment,
fixed, contingent, matured, unmatured, disputed, undisputed,
secured or unsecured.
"Creditor." An individual, partnership, corporation,
association, estate, trust or governmental unit that has a claim
against a school district. The term shall include the Public
School Employees' Retirement Board.
"Deficit." The excess of expenditures over revenues,
calculated as a percentage of revenue, during an accounting
period, and which calculation includes all governmental fund
types and all proprietary fund types, but excludes all fiduciary
fund types of the school district.
"Department." The Department of Education of the
Commonwealth.
"Employee organization." As defined in section 1101-A.
"Expenditures." Reductions in fund equity, including current
operating expenses that require the use of fund equity, debt
service and capital outlays. The term shall not include
interfund transfers.
"Financial recovery plan" or "plan." A financial recovery
plan under subarticle (c).
"Financial recovery school district." A school district of
the first class A, second class, third class or fourth class
declared by the Secretary of Education to be in financial
recovery status under section 621-A.
"Financial recovery school district transitional loan
account." The account for loans awarded under Subdivision (vii)
of subarticle (c).
"Fund equity." Excess of assets of a fund over its
liabilities. The term shall include a fund balance.
"Receiver." The receiver of a financial recovery school
district appointed under Subdivision (vi) of subarticle (c).
"Revenues." Additions to fund equity other than from
interfund transfers, proceeds of debt and proceeds of
disposition of general fixed assets.
"School district." A school district of the first class A,
second class, third class and fourth class and a financial

recovery school
district of the
"Secretary."
(602-A added

district. The term does not include a school

first class.
The Secretary of Education of the Commonwealth.
July 12, 2012, P.L.1142, No.141)

(b) School District Financial Watch

(Subart. (b) added July 12, 2012, P.L.1142, No.141)
Section 611-A. Early warning system.
(a) Establishment.-(1) The department shall develop and implement an early
warning system under which the department shall:
(i) Compile financial data and maintain accurate
and current information and data on the financial
conditions of school districts. Each school district
shall provide its financial data and information to the
department within 15 days of a request by the department.
(ii) Regularly analyze and assess school district
budget reports, data and other information directly
related to the financial conditions of school districts.
(iii) Utilize appropriate fiscal and socioeconomic
variables to identify financial difficulties in school
districts in financial watch status.
(iv) Notify any school district identified for
financial watch status.
(v) Offer technical assistance to school districts
in financial watch status to correct minor financial
problems and to avoid a declaration of financial recovery
status under section 621-A.
(2) (i) The department shall develop the fiscal and
economic variables to be used in identifying school
districts in financial watch status, shall test the
validity and reliability of the variables and shall
continuously monitor the variables to assure their
effectiveness.
(ii) The variables developed by the department under
this paragraph shall include, but shall not be limited
to, whether any political subdivision located within the
school district is a financially distressed municipality
under the act of July 10, 1987 (P.L.246, No.47), known
as the Municipalities Financial Recovery Act.
(3) In developing an early warning system under this
section, the department may employ or contract with fiscal
consultants as deemed necessary to administer the provisions
of this section.
(b) Duties.--When a school district is identified through
the early warning system for financial watch status, the
department shall:
(1) Notify the school district that the department has
identified the school district for financial watch status.
(2) Request from the school district all information
necessary to enable the department to conduct a review of
the school district's financial condition. A school district
that receives a request for information under this paragraph
shall provide the department with all information requested
within 15 days.
(3) Perform a thorough review of the school district's
financial condition, which shall include a review of the
information provided by the school district under paragraph
(2) and which may include visits and correspondence with
school district officers and employees.

(4) Provide the school district with technical

assistance appropriate to remedying the school district's
financial difficulties, which may include, but shall not be
limited to, contracting with financial consultants to assist
the school district.
(c) Guidelines.-(1) Within 60 days of the effective date of this
section, the department shall establish guidelines for the
operation of the early warning system established under this
section, including a description of the variables that will
be used by the department to identify school districts in
financial watch status. The guidelines shall be published
as a statement of policy in the Pennsylvania Bulletin and
shall be posted on the department's publicly accessible
Internet website.
(2) Notwithstanding any other provision of law to the
contrary, guidelines required under this subsection shall
not be subject to review, regulation or approval by the State
Board of Education.
(3) The guidelines established by the department, and
any amendments thereto, shall be exempt from the requirements
of the following:
(i) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(ii) The act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law.
(iii) The act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act.
(4) The early warning system may not become operational
until publication of the guidelines as required under
paragraph (1).
(611-A added July 12, 2012, P.L.1142, No.141)
(c) School District Financial Recovery
(Subart. (c) added July 12, 2012, P.L.1142, No.141)
(i)

Declaration of School District

Financial Recovery Status
(Subdiv. (i) added July 12, 2012, P.L.1142, No.141)
Section 621-A. Issuance of declaration.
(a) Criteria.--Subject to the provisions of subsection (b)
and after proper investigation of the school district's
financial condition, the administrative practices of the board
of school directors and such other matters deemed appropriate
by the secretary, the following shall apply:
(1) (i) Subject to the provisions of subparagraph (ii),
the secretary shall issue a declaration that a school
district is in financial recovery status when either of
the following applies:
(A) The school district has an average daily
membership greater than 7,500 and receives an advance
of its basic education subsidy at any time.
(B) The school district receives an advance of
its basic education subsidy at any time and is either
subject to a declaration of financial distress under
section 691 or engaged in litigation against the
Commonwealth in which the school district seeks
financial assistance from the Commonwealth to allow
the school district to continue in operation.

(ii) Notwithstanding the provisions of subparagraph

(i), the following shall apply:
(A) Not more than nine school districts may be
under a declaration of financial recovery status
under this section or in receivership under
subdivision (vi) at any time.
(B) the secretary may decline to issue a
declaration that a school district is in financial
recovery status where the secretary determines that
the school district, within the previous five years,
has faced an emergency that caused the occurrence
of a circumstance set forth in subparagraph (i).
(2) (i) Within two years of the effective date of this
section, the State Board of Education shall promulgate
regulations under the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, establishing
additional criteria which the secretary may consider in
determining whether to issue a declaration that a school
district is in financial recovery status and whether a
school district in financial recovery status shall be
deemed a moderate financial recovery school district
under subdivision (iv) or a severe financial recovery
school district under subdivision (v), provided that not
more than nine school districts may be under a
declaration of financial recovery status under this
section or in receivership under subdivision (vi) at any
time. The criteria the secretary may consider in
determining whether to issue a declaration that a school
district is in financial recovery status shall include,
but shall not be limited to, the following:
(A) The school district receives at least 85%
of its per pupil funding from the Commonwealth and
collects less than 50% of local taxes levied to fund
the school district.
(B) The school district's unreserved fund
balance has declined for three consecutive years and
is less than 5% of the school district's annual
expenditures.
(C) The school district's fixed costs are at
least 30% of the school district's total annual
expenditures.
(D) The school district's total outstanding debt
is greater than the school district's annual
expenditures.
(E) The salaries of any teachers or other
employees of the school district are unpaid at least
15 days after payment is due.
(F) The school district is subject to
withholding of its State appropriation under section
633.
(G) The school district has defaulted on the
payment of a debt due to any school district,
intermediate unit or charter school that remains
unpaid on or after January 1 of the year following
the school year it was due and there is no dispute
regarding the validity or amount of the claim.
(H) The school district's assigned and
unassigned total fund balance is less than zero in
the school district's general fund.
(I) The school district's assigned and
unassigned total fund balance in the school

district's general fund as a percentage of total

expenditures is less than 3%.
(J) The school district experiences a delinquent
tax rate of more than 10%.
(K) The assessed valuation of taxable real
estate in the school district has not increased over
the previous five years.
(L) Any amount due a joint board of school
directors under a joint board agreement remains
unpaid beyond the due date specified in the joint
board's articles of agreement.
(M) The school district has contracted a loan
not authorized by law.
(N) The school district has accumulated and
operated with a deficit equal to at least 2% of the
assessed valuation of the taxable real estate within
the school district for two successive years.
(O) A new, merged or union school district has
been formed and one or more of the former school
districts which compose the merged or union school
district was a distressed school district under
section 691 or a financial recovery school district
under this article at the time of the formation of
the new, merged or union school district.
(ii) (A) In promulgating the regulations required
under subparagraph (i), the State Board of Education
shall convene and consult with a Statewide advisory
committee which shall include a superintendent, a
school board member, a school district business
manager or chief financial officer, one designee
from the department and one designee from the Office
of the Budget.
(B) Members of the Statewide advisory committee
required to be convened under clause (A) shall be
selected to be representative of the rural, suburban
and urban school districts of this Commonwealth.
(C) The Statewide advisory committee required
to be convened under clause (A) shall be convened
not later than 60 days after the effective date of
this section and shall meet regularly to fulfill the
requirements of this paragraph.
(b) Failure of Commonwealth to make payment.--No school
district shall be declared in financial recovery status by
reason of any of the circumstances enumerated in subsection
(a)(1) or any of the criteria stated in regulations promulgated
under subsection (a)(2) having been caused by the failure of
the Commonwealth to make any payment of money due the school
district at the time the payment is due, including payment of
any Federal funding that is distributed through the
Commonwealth.
(c) Appeal.--A declaration of financial recovery status by
the secretary under this section is appealable under 2 Pa.C.S.
(relating to administrative law and procedure).
(621-A added July 12, 2012, P.L.1142, No.141)
Section 622-A. Commitment to ensure delivery of effective
educational services.
The Commonwealth shall ensure the delivery of effective
educational services to all students enrolled in a school
district in financial recovery status under Subdivision (i) or
in receivership under Subdivision (vi).
(622-A added July 12, 2012, P.L.1142, No.141)

Section 623-A.

School directors to remain in office and

elections.
(a) Resignation prohibited.--The school directors of a
school district that has been declared in financial recovery
status under this subdivision or is in receivership under
Subdivision (vi) may not resign their offices, except with the
consent of the chief recovery officer or receiver, and shall:
(1) Remain in office, unless:
(i) removed from office for neglect of duty under
the provisions of section 318; or
(ii) the directors are elected to another position
incompatible with the position of school director or are
appointed to any position for which there is a
requirement that the appointee must hold no elective
office,
for the remainder of their terms during the time the school
district is in financial recovery status or receivership.
(2) Perform any duties delegated to them by the chief
recovery officer or the receiver appointed to serve the
school district.
(3) Comply with any directive issued to them by the
chief recovery officer or the receiver if the directive is
consistent with the financial recovery plan for the school
district.
(b) No interference with elections.--A declaration by the
secretary that a school district is in financial recovery status
under section 621-A or the appointment of a receiver under
Subdivision (vi) shall in no way interfere with the regular
election or reelection of school directors for the school
district.
(623-A added July 12, 2012, P.L.1142, No.141)
Section 624-A. Termination of status.
(a) Declaration by secretary.-(1) (i) Following a determination that the school
district has satisfied and is continuing to satisfy the
criteria for termination of financial recovery status
enumerated in section 641-A(9), the secretary may issue
a declaration terminating the school district's financial
recovery status.
(ii) In making the determination under this
paragraph, the secretary shall consider whether the
monthly financial reports submitted by the chief recovery
officer to the secretary and the department concerning
the school district's progress under the financial
recovery plan under section 653-A(a)(3) or 664-A(a)(3)
indicate that termination of financial recovery status
is appropriate.
(2) If the secretary determines to terminate a school
district's financial recovery status under this section, the
secretary shall issue a written declaration stating:
(i) That the school district's financial recovery
status has been terminated.
(ii) The effective date of the termination of
financial recovery status.
(iii) A statement of the facts upon which the
secretary relied in making the determination.
(b) Determination upon petition by a school district.--A
financial recovery school district may petition the secretary
for a declaration that the school district's financial recovery
status has been terminated. A declaration issued under this
subsection shall comply with subsection (a).
(624-A added July 12, 2012, P.L.1142, No.141)

Section 625-A. Transition period.

(a) Board resumes control and oversight.--Subject to the
provisions of subsections (b) and (c), after the secretary
terminates a school district's financial recovery status under
section 624-A, the following shall apply:
(1) The board of school directors shall resume full
control over school district management.
(2) The chief recovery officer and the department shall
oversee the board of school directors for five years to
ensure financial stability is maintained.
(b) Petition for appointment of receiver.--If, during the
transition period after the secretary terminates a school
district's financial recovery status under section 624-A, the
board of school directors fails to maintain the objectives
stated in the financial recovery plan, the secretary shall
petition the court of common pleas in the county in which the
school district or the largest part in area of the school
district is located for the appointment of a receiver under
Subdivision (vi).
(c) Oversight where municipalities financially
distressed.--Notwithstanding the provisions of subsection (a),
the chief recovery officer and the department shall oversee the
board of school directors of any former financial recovery
school district for so long as any political subdivision located
within the school district is a financially distressed
municipality under the act of July 10, 1987 (P.L.246, No.47),
known as the Municipalities Financial Recovery Act, without
regard to whether the school district continues to maintain the
objectives stated in its financial recovery plan. The oversight
shall be subject to the provisions of subsection (b).
(625-A added July 12, 2012, P.L.1142, No.141)
Section 626-A. Technical assistance.
Subject to sections 652-A(c)(2)(ii) and 663-A(c)(2)(ii), the
department shall provide technical assistance to each financial
recovery school district. The department's provision of
technical assistance shall be coordinated through the chief
recovery officer or receiver appointed to serve the financial
recovery school district.
(626-A added July 12, 2012, P.L.1142, No.141)
(ii) Chief Recovery Officer
(Subdiv. (ii) added July 12, 2012, P.L.1142, No.141)
Section 631-A. Appointment.
(a) Appointment.--Not later than five days after a
declaration of financial recovery status under section 621-A,
the secretary shall appoint a chief recovery officer for the
financial recovery school district. The chief recovery officer
shall serve at the pleasure of the secretary.
(b) Qualifications and prohibitions.-(1) The chief recovery officer must be an individual
who satisfies one of the following:
(i) possesses at least five years' experience in
one or more of the following areas: budget and financial
management, public school finance, school administration,
accounting, academic assessment or education law;
(ii) holds a graduate degree from an accredited
institution of higher education in business or finance
and has at least four years' relevant experience in
business, finance or management; or

(iii) is the current business manager or financial

officer of a school district in this Commonwealth.
(2) The chief recovery officer may not be an elected
or an appointed official or employee of the financial
recovery school district for which he is appointed to serve
as chief recovery officer, provided that the current business
manager or financial officer of a financial recovery school
district may serve as chief recovery officer for the
financial recovery school district by which he is employed.
(3) During the term of appointment as chief recovery
officer and for the following two years, the chief recovery
officer may not seek or hold elected office in the financial
recovery school district for which the chief recovery officer
was appointed or in any political subdivision located in the
financial recovery school district.
(c) Not subject to contractual competitive bidding
procedures.--Notwithstanding any other provision of law to the
contrary, the appointment of a chief recovery officer shall not
be subject to contractual competitive bidding procedures.
(631-A added July 12, 2012, P.L.1142, No.141)
Section 632-A. Compensation.
The department shall pay a chief recovery officer appointed
by the secretary under section 631-A actual and necessary
expenses incurred in the performance of duties as chief recovery
officer and a reasonable salary determined by the department.
(632-A added July 12, 2012, P.L.1142, No.141)
Section 633-A. Powers and duties.
Subject to section 662-A, the chief recovery officer shall:
(1) With the assistance of the department, develop,
implement and administer a financial recovery plan in
accordance with Subdivision (iii).
(2) Coordinate the department's provision of technical
assistance to the financial recovery school district under
section 626-A.
(3) Maintain oversight of the financial recovery school
district during the transition period under section 625-A.
(4) Attend regular and executive sessions of the board
of school directors.
(5) When a receiver is appointed to oversee the
management of the financial recovery school district under
Subdivision (vi), serve as an advisor to the receiver.
(6) Where an advisory committee is established under
section 654-A, meet at least monthly with the advisory
committee.
(7) In a financial recovery school district to which
section 654-A does not apply, conduct at least four public
forums on the basis for the financial recovery declaration
and the development and implementation of a financial
recovery plan.
(633-A added July 12, 2012, P.L.1142, No.141)
Section 634-A. Access to information.
(a) School district required to provide records and
information.--The chief recovery officer shall be given full
access to all records of the financial recovery school district.
Employees and elected and appointed officials of the financial
recovery school district shall provide the chief recovery
officer with all records and information requested.
(b) Enforcement.-(1) If the chief recovery officer reasonably believes
that an employee or an elected or appointed official of the
financial recovery school district has failed to answer
questions accurately or completely or has failed to furnish

information requested, the chief recovery officer shall

direct the employee or elected or appointed official in
writing to furnish answers to questions or to furnish
documents or records, or both.
(2) If the employee or elected or appointed official
refuses to furnish answers to questions or to furnish
documents or records within 15 days of a written request,
the chief recovery officer shall petition the court of common
pleas of the county in which the financial recovery school
district or the largest part in area of the financial
recovery school district is located for a writ of mandamus
requiring the employee or elected or appointed official to
provide the chief recovery officer with the information,
documents or records requested.
(3) Within seven days of the filing of a petition under
paragraph (2), the court shall conduct a hearing on the
petition. The court shall grant the petition and compel the
employee or elected or appointed official to provide the
requested information unless the court finds by clear and
convincing evidence that the request for information is
arbitrary, capricious or wholly irrelevant to the duties of
the chief recovery officer.
(634-A added July 12, 2012, P.L.1142, No.141)
Section 635-A. Public and private meetings.
(a) Public meetings authorized.-(1) The chief recovery officer may hold public meetings,
as defined in 65 Pa.C.S. Ch. 7 (relating to open meetings),
in connection with the preparation and implementation of a
financial recovery plan.
(2) Meetings between the chief recovery officer and an
advisory committee established under section 654-A shall be
public meetings as defined in 65 Pa.C.S. Ch. 7.
(b) Private meetings authorized.--Notwithstanding the
provisions of 65 Pa.C.S. Ch. 7, the chief recovery officer may
conduct private negotiation sessions between the financial
recovery school district and the individual creditors of the
financial recovery school district in an effort to obtain the
consent of each creditor to the proposed adjustment and handling
of specific claims against the financial recovery school
district.
(635-A added July 12, 2012, P.L.1142, No.141)
(iii) Financial Recovery Plan
(Subdiv. (iii) added July 12, 2012, P.L.1142, No.141)
Section 641-A. Contents.
A financial recovery plan developed under this subarticle
shall:
(1) Provide for the delivery of effective educational
services to all students enrolled in the financial recovery
school district.
(2) Provide for the payment of lawful financial
obligations of the financial recovery school district.
(3) Provide for the timely deposit of required payments
to the Public School Employees' Retirement Fund.
(4) Provide a plan for the financial recovery school
district's return to financial stability, which may include
any of the following, if appropriate to restoring the
financial recovery school district's financial stability:
(i) Recommendations for:

(A) Satisfying judgments, past-due accounts

payable and past-due and payable payroll and fringe
benefits.
(B) Eliminating deficits and deficit funds.
(C) Restoring to special fund accounts money
from those accounts that was used for purposes other
than those specifically authorized.
(D) Balancing the budget, avoiding future
deficits in funds and maintaining current payments
of payroll, fringe benefits and accounts through
possible revenue enhancement recommendations,
including tax or fee changes.
(E) Avoiding a future declaration of financial
recovery status.
(F) Enhancing the ability of the financial
recovery school district to negotiate new general
obligation bonds, lease rental debt, funded debt and
tax and revenue anticipation borrowings.
(G) Considering changes in accounting and
automation procedures for the financial benefit of
the financial recovery school district.
(H) Proposing a reduction of debt due on
specific claims by an amortized or lump-sum payment
considered to be the most reasonable disposition of
each claim possible for the financial recovery school
district considering the totality of the
circumstances.
(ii) Recommendations for:
(A) Changes in permanent and temporary staffing
levels.
(B) Changes in organization.
(C) Changes in school district policy.
(D) Special audits or further studies.
(E) The sale, lease, conveyance, assignment or
other use or disposition of the financial recovery
school district's assets.
(F) The application for a loan under the
Financial Recovery Transitional Loan Program
established in Subdivision (vii) in an amount
specified by the chief recovery officer in the
financial recovery plan. The financial recovery plan
shall specify the current expenses of the school
district to which the loan proceeds would be applied.
(iii) An analysis of whether functional
consolidation or privatization of existing
noninstructional or other school district services is
appropriate and feasible and recommendations for carrying
out such consolidation or privatization, including
timelines for implementation and anticipated cost
efficiencies to be attained.
(iv) A capital budget which addresses infrastructure
deficiencies.
(v) Recommendations for greater use of Commonwealth
or intermediate unit programs.
(vi) Recommendations for, and anticipated cost
savings resulting from, the use of powers permitted to
be used under section 642-A.
(5) Set forth a cash flow analysis for the financial
recovery school district.
(6) State projections of revenues and expenditures for
the current year and the next two years, both assuming the

continuation of present operations and as impacted by the

measures included in the financial recovery plan.
(7) State benchmarks and timelines for restoring the
financial recovery school district to financial stability.
(8) Require the financial recovery school district to
use financial data software that is connected directly to
the department's financial data systems to ensure that both
the financial recovery school district and the department
are using accurate and consistent data. All costs of the
financial data software required to be used by the financial
recovery school district under this paragraph shall be paid
by the department.
(9) Establish specific criteria that the financial
recovery school district must satisfy before the secretary
may terminate the financial recovery school district's
financial recovery status under section 624-A. Such criteria
shall include, but shall not be limited to:
(i) The financial recovery school district does not
request an advance of its basic education subsidy.
(ii) All teacher and other employee salaries are
paid when due.
(iii) The financial recovery school district is not
in default on any bonds, notes or lease rentals and is
not subject to withholding by the secretary under section
633.
(iv) The financial recovery school district does
not satisfy the criteria stated in regulations
promulgated under section 621-A(a)(2).
(v) The financial recovery school district is making
progress toward financial stability.
(641-A added July 12, 2012, P.L.1142, No.141)
Section 642-A. Powers and duties.
(a) General rule.--A school district in financial recovery
status under this subdivision or in receivership under
Subdivision (vi) may exercise any of the following powers only
to the extent that the powers are specifically included in the
school district's financial recovery plan and the exercise of
the powers will effect needed economies in the operation of the
district's schools:
(1) Reopen its budget for the current school year,
notwithstanding any other provision of law.
(2) Convert school buildings to charter schools. The
following shall apply:
(i) The school district may convert an existing
public school building or a portion of an existing public
school building to a charter school, provided that
conversion will result in financial savings. There shall
be no limit on the number of public schools in the school
district that can be converted to a charter school.
(ii) The board of school directors may designate
and approve by majority vote the existing public school
building or portion of an existing public school building
that it seeks to convert to a charter school.
(iii) (A) The board of school directors shall
solicit applications to operate a charter school
established under this paragraph through a
competitive request for proposal process. The content
and dissemination of the request for proposal shall
be consistent with the purpose and the requirements
of Article XVII-A and shall require the applicant
to demonstrate that the conversion will result in

financial savings. The board of school directors may

accept applications by an individual or entity
authorized to establish a charter school under
section 1717-A(a) to operate the converted charter
school.
(B) The board of school directors shall evaluate
each submitted proposal in a public manner. Once a
proposal has been selected, the board of school
directors shall explain how and why the proposal was
selected and provide evidence, if available, of the
provider's success in serving student populations
similar to the targeted population, including
demonstrated academic achievement, successful
management of nonacademic school functions and safe
school environment, if applicable.
(C) No member of the board of school directors
may serve on the board of trustees of an existing
school or portion of an existing school which is
converted to a charter school under this subsection.
(D) The provisions of Article XVII-A shall apply
to an existing public school building or portion of
an existing public school building converted to a
charter school, provided that any application to
operate a charter school under the provisions of
this section and any charter school established under
the provisions of this section shall not be subject
to sections 1717-A(b), (c), (d), (e), (f), (g), (h)
and (i) and 1724-A(b), (c), (d), (e), (f), (g) and
(h), including after the school district's financial
recovery status is terminated under section 624-A
or after the school district's receivership expires
under section 675-A.
(E) In the case of an existing school or portion
of an existing school being converted to a charter
school, the board of school directors shall establish
the alternative arrangements for current students
who choose not to attend the charter school.
(3) Cancel or renegotiate any contract to which the
board of school directors or the school district is a party,
if the cancellation or renegotiation of contract will effect
needed economies in the operation of the district's schools.
Collective bargaining agreements are specifically exempt
from this clause and shall be governed by the provisions of
clause (15).
(4) Increase tax levies in such amounts and at such
times as is recommended by the chief recovery officer,
subject to the act of June 27, 2006 (1st Sp.Sess., P.L.1873,
No.1), known as the Taxpayer Relief Act.
(5) Appoint a special collector of delinquent taxes for
the school district who need not be a resident of the school
district. The special tax collector shall exercise all the
rights and perform all the duties imposed by law on tax
collectors for school districts. The tax collector superseded
by the special tax collector shall not be entitled to any
commissions on the taxes collected by the special tax
collector.
(6) Dispense with the services of such nonprofessional
employees as in the judgment of the chief recovery officer
are not actually needed for the economical operation of the
school district.
(7) Enter into agreements with persons or for-profit
or nonprofit organizations to operate one or more schools.

A school operated under this paragraph shall be funded in

accordance with the terms of the agreement.
(8) Suspend or revoke a charter under section 1729-A.
(9) Employ professional and senior management employees
who do not hold State certifications if the secretary has
approved the qualifications of the persons at salaries that
are within the limitations stated in the financial recovery
plan.
(10) Enter into agreements with persons or for-profit
or nonprofit organizations providing noninstructional or
other services to or for the school district, provided that
the school district shall present a three-year cost
comparison of the services as currently provided and as
projected under the proposed agreement demonstrating that
the proposed agreement will result in financial savings.
Services provided under this paragraph shall be funded in
accordance with the terms of the agreement. The agreement
shall provide that the school district may terminate the
agreement if costs under the agreement exceed the costs
projected in the cost comparison.
(11) Close or reconstitute a school, including the
reassignment, suspension or dismissal of professional
employees.
(12) Appoint managers, administrators or for-profit or
nonprofit organizations to oversee the operations of a school
or group of schools within the school district.
(13) Reallocate resources, amend school procedures,
develop achievement plans and implement testing or other
evaluation procedures for educational purposes.
(14) Supervise and direct principals, teachers and
administrators.
(15) Negotiate a new collective bargaining agreement
if the negotiation of a new collective bargaining agreement
will effect needed economies in the operation of the
district's schools.
(16) Delegate to a person, including an employee of the
school district or a for-profit or nonprofit organization,
powers the chief recovery officer deems necessary to carry
out the purposes of this article, subject to the supervision
and direction of the chief recovery officer.
(17) Employ, contract with or assign persons or
for-profit or nonprofit organizations to review the financial
and educational programs of school buildings and make
recommendations to the chief recovery officer regarding
improvements to the financial or educational programs of
school buildings.
(18) Negotiate a contract with a charter school under
section 681-A(f).
(b) Definitions.--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:
"Professional employee." The term shall have the meaning
as given in section 1101(1).
"Teacher." An individual who holds an instructional
certificate issued by the department under this act and is
employed full time as a temporary professional or professional
employee by a school entity and provides learning experiences
directly to students during the instructional day.
(642-A added July 12, 2012, P.L.1142, No.141)
Section 643-A. Financial recovery plan not affected by certain
collective bargaining agreements or settlements.

No collective bargaining agreement, arbitration settlement

or arbitration award may in any manner violate, expand or
diminish the provisions of a financial recovery plan in effect
on the date of execution of the collective bargaining agreement,
arbitration settlement or arbitration award.
(643-A added July 12, 2012, P.L.1142, No.141)
(iv)

Process for Moderate Financial

Recovery School Districts
(Subdiv. (iv) added July 12, 2012, P.L.1142, No.141)
Section 651-A. Applicability.
(a) General rule.--This subdivision shall apply to school
districts that satisfy the criteria for financial recovery
status stated in section 621-A(a)(1)(i)(A).
(b) Designation.--School districts that satisfy the criteria
for financial recovery status stated in section
621-A(a)(1)(i)(A) shall be deemed "moderate financial recovery"
school districts.
(651-A added July 12, 2012, P.L.1142, No.141)
Section 652-A. Development and approval of plan.
(a) Submission of plan.-(1) Within 90 days of appointment, the chief recovery
officer shall, in consultation with the superintendent of
the school district, develop a financial recovery plan that
complies with section 641-A and shall provide copies of the
plan to the school district business office, each member of
the board of school directors, the superintendent of the
school district, the solicitor of the school district and
each member of the advisory committee established under
section 654-A. The chief recovery officer may comply with
this subsection by providing copies of the plan by electronic
mail.
(2) (i) The chief recovery officer may request from
the secretary an extension of time to comply with
paragraph (1).
(ii) The secretary shall grant the request for an
extension of time, if the secretary determines that the
chief recovery officer needs additional time to develop
a financial recovery plan that complies with section
641-A.
(b) Public inspection.--Upon receipt of the plan, the board
of school directors shall immediately place the plan on file
for public inspection in the school district business office
and make the plan available on the school district's publicly
accessible Internet website.
(c) Board of school directors' approval.-(1) Within 30 days of the chief recovery officer's
submission of the plan to the board of school directors, the
board of school directors shall approve or disapprove the
plan by majority vote at a public meeting of the board of
school directors. Approval of the plan by the board of school
directors shall constitute the school district's application
for a loan under Subdivision (vii) in the amount specified
in the financial recovery plan.
(2) If the board of school directors does not approve
the plan within 30 days, the following shall apply:
(i) The school district shall not be eligible for
a financial recovery transitional loan under Subdivision
(vii).

(ii) The school district shall not receive technical

assistance from the department under section 626-A.
(3) If the board of school directors does not approve
the plan within 365 days following a declaration of financial
recovery status, the secretary shall petition the court of
common pleas of the county in which the school district or
the largest part in area of the school district is located
for the appointment of a receiver under Subdivision (vi).
The secretary shall file the petition under this paragraph
not less than 366 days nor more than 370 days following the
declaration of financial recovery status.
(d) Secretary approval.-(1) If the board of school directors approves the plan
under subsection (c), the chief recovery officer shall
provide a copy of the plan to the secretary within five days
of the board's approval.
(2) Within ten days of the chief recovery officer's
submission of the plan to the secretary, the secretary shall
approve or disapprove the plan in a written statement.
Approval of the plan by the secretary shall constitute the
department's approval of a loan under Subdivision (vii) in
the amount specified in the financial recovery plan.
(3) If the secretary disapproves the plan, the following
shall apply:
(i) The secretary's written statement shall state
the reasons for the secretary's disapproval of the plan
and recommendations for revisions to the plan.
(ii) The chief recovery officer shall develop a
revised plan within 20 days of receipt of the secretary's
written statement disapproving the plan, distribute
copies of the plan as required under subsection (a) and
submit the revised plan to the board of school directors
and the secretary for approval pursuant to subsection
(c) and this subsection.
(652-A added July 12, 2012, P.L.1142, No.141)
Section 653-A. Implementation of financial recovery plan.
(a) Chief recovery officer charged with implementing
plan.--Following the secretary's approval of the financial
recovery plan under section 652-A(d), the chief recovery officer
shall:
(1) Implement the plan.
(2) Give written notice of the plan's adoption to
creditors, the employee organization and other parties who
will be directly affected by the plan's implementation. The
notice shall outline the provisions of the plan and specify
how that party's claim or interest will be treated.
(3) Oversee the implementation and completion of the
plan by directly controlling the implementation process, in
consultation with the superintendent of the school district,
including directing employees and elected or appointed
officials of the school district to take actions that, in
the judgment of the chief recovery officer, are necessary
to implement the plan and to refrain from taking actions
that, in the judgment of the chief recovery officer, would
impede the implementation of the plan.
(4) Provide the department and the secretary with
monthly reports that contain the following information:
(i) Evidence of payments to creditors as required
under the plan.
(ii) Evidence that any loan given to the school
district from the department under Subdivision (vii) is
being repaid.

(iii) Monthly revenue and expenditure sheets which

indicate the balances of each in relation to the other.
(iv) Evidence that the recommendations stated in
the plan are being accomplished by the dates specified
in the plan, where applicable.
(5) Suggest amendments or revisions to the plan that
may be necessary to implement or complete the plan or adapt
the plan to circumstances that arise or become apparent after
approval of the plan by the secretary. In determining whether
to suggest amendments or revisions to the plan, the chief
recovery officer shall consult with the board of school
directors, the advisory committee established under section
654-A and the superintendent of the school district.
Amendments or revisions to the plan shall be submitted to
the board of school directors and the secretary for approval
as provided in section 652-A.
(6) Upon achievement of the goals and objectives stated
in the plan, recommend to the secretary that financial
recovery status be terminated under section 624-A.
(b) Duty to comply.-(1) The board of school directors shall comply with all
directives of the chief recovery officer under subsection
(a)(3) and may take no action that is:
(i) inconsistent with the plan;
(ii) not specifically identified in the plan; or
(iii) not directed by the chief recovery officer
as necessary to implement the plan.
(2) If a board of school directors fails to comply with
paragraph (1), the school district shall be subject to the
appointment of a receiver under Subdivision (vi).
(654-A added July 12, 2012, P.L.1142, No.141)
Section 654-A. Advisory committee.
(a) Establishment.-(1) Within ten days after a school district to which
this subdivision applies is declared to be in financial
recovery status under section 621-A, the board of school
directors shall establish an advisory committee to meet and
consult with the chief recovery officer or receiver in
carrying out the duties of the chief recovery officer or
receiver under this article.
(2) The sole function of the advisory committee shall
be to provide recommendations and feedback to the chief
recovery officer or receiver on the development and
implementation of the financial recovery plan.
(b) Composition.--The advisory committee established under
subsection (a) shall consist of:
(1) The following members appointed by the board of
school directors:
(i) Two members of the board of school directors.
(ii) One principal employed by the school district.
(iii) One business official employed by the school
district.
(2) The following members appointed by the intermediate
unit of which the school district is a member:
(i) One employee of the intermediate unit.
(ii) One representative of a charter school or cyber
charter school in which students residing in the school
district are enrolled.
(iii) One special education advocate.
(iv) One superintendent, school director or business
official of an adjoining school district.
(v) Two residents of the school district.

(3) One teacher appointed by the employee organization

that represents teachers employed by the school district.
(4) The superintendent of the school district.
(c) Compensation prohibited.--Members of the advisory
committee shall receive no compensation for their services.
(d) Meetings.--The advisory committee shall meet with the
chief recovery officer or receiver at least monthly to discuss
the development or implementation of the financial recovery
plan. Meetings of the advisory committee shall be in accordance
with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(e) Termination.--The advisory committee shall terminate
when the school district's financial recovery status terminates
under section 624-A.
(f) Establishment of advisory committee following
appointment of receiver.-(1) If a receiver is appointed under section
671-A(a)(1)(iii), the board of school directors shall
establish an advisory committee within ten days of the
appointment of the receiver.
(2) The sole function of the advisory committee shall
be to provide recommendations and feedback to the receiver
on the development and implementation of the financial
recovery plan.
(3) The provisions of subsections (b), (c) and (d) shall
apply to the advisory committee.
(4) The advisory committee shall terminate when the
school district's receivership expires under section 675-A.
(654-A added July 12, 2012, P.L.1142, No.141)
(v)

Process for Severe Financial

Recovery School Districts
(Subdiv. (v) added July 12, 2012, P.L.1142, No.141)
Section 661-A. Applicability.
(a) General rule.--This subdivision shall apply to school
districts that satisfy the criteria for financial recovery
status stated in section 621-A(a)(1)(i)(B).
(b) Designation.--School districts that satisfy the criteria
for financial recovery status stated in section
621-A(a)(1)(i)(B) shall be deemed "severe financial recovery"
school districts.
(661-A added July 12, 2012, P.L.1142, No.141)
Section 662-A. Vote to proceed.
(a) General rule.--Within 14 days following a declaration
of financial recovery status under section 621-A, the board of
school directors of a school district to which this subdivision
applies shall, at a regular or special meeting of the board of
school directors, adopt by majority vote a resolution electing
to proceed with one of the following:
(1) cooperation with the chief recovery officer
appointed under Subdivision (ii) and development, approval
and implementation of a financial recovery plan under
sections 663-A and 664-A; or
(2) the appointment of a receiver under Subdivision
(vi).
(b) Effect of failure to vote.--Any failure by the board
of school directors to hold a vote under this section within
14 days shall be deemed a vote to proceed with the appointment
of a receiver.
(c) Receivership.--Where the board of school directors votes
to proceed with the appointment of a receiver under subsection

(a)(2) or fails to hold a vote under subsection (a), the

secretary shall file a petition for the appointment of a
receiver under section 671-A(a) by the earlier of the following:
(1) five days following the vote of the board of school
directors to proceed with the appointment of a receiver; or
(2) nineteen days following the declaration of financial
recovery status.
(662-A added July 12, 2012, P.L.1142, No.141)
Section 663-A. Development and approval of plan.
(a) Submission of plan.-(1) Within 30 days of appointment, the chief recovery
officer of a school district that votes to proceed under
section 662-A(1) shall develop a financial recovery plan
that complies with section 641-A and provide copies of the
plan to the school district business office, each member of
the board of school directors, the superintendent of the
school district and the solicitor of the school district.
The chief recovery officer may comply with this subsection
by providing copies of the plan by electronic mail.
(2) (i) The chief recovery officer may request from
the secretary an extension of time to comply with
paragraph (1).
(ii) The secretary shall grant the request for an
extension of time, if the secretary determines that the
chief recovery officer needs additional time to develop
a financial recovery plan that complies with section
641-A.
(b) Public inspection.--Upon receipt of the plan, the board
of school directors shall immediately place the plan on file
for public inspection in the school district business office
and make the plan available on the school district's publicly
accessible Internet website.
(c) Board of school directors' approval.-(1) (i) Within ten days of the chief recovery officer's
submission of the plan to the board of school directors,
the board of school directors shall approve or disapprove
the plan by majority vote at a public meeting of the
board of school directors. The approval of the plan by
the board of school directors shall constitute the school
district's application for a loan under Subdivision (vii)
in the amount specified in the financial recovery plan.
(ii) Any failure by the board of school directors
to vote on the proposed plan within ten days shall be
deemed a vote to disapprove the plan.
(2) If the board of school directors does not approve
the plan within ten days, the following shall apply:
(i) The school district shall not be eligible for
a financial recovery transitional loan under Subdivision
(vii).
(ii) The school district shall not receive technical
assistance from the department under section 626-A.
(iii) The secretary shall petition the court of
common pleas of the county in which the school district
or the largest part in area of the school district is
located for the appointment of a receiver under
Subdivision (vi).
(3) The secretary shall file the petition under this
paragraph not later than five days following the vote by the
board of school directors to disapprove the plan.
(d) Secretary approval.--

(1) If the board of school directors approves the plan

under subsection (c), the chief recovery officer shall
provide a copy of the plan to the secretary within five days.
(2) Within ten days of the chief recovery officer's
submission of the plan to the secretary, the secretary shall
approve or disapprove the plan in a written statement. The
approval of the plan by the secretary shall constitute the
department's approval of a loan under Subdivision (vii) in
the amount specified in the financial recovery plan.
(3) If the secretary disapproves the plan, the following
shall apply:
(i) The secretary's written statement shall state
the reasons for the secretary's disapproval of the plan
and recommendations for revisions to the plan.
(ii) The chief recovery officer shall develop a
revised plan within 20 days of receipt of the secretary's
written statement disapproving the plan, distribute
copies of the plan as required under subsection (a) and
submit the revised plan to the board of school directors
and the secretary for approval under subsection (c) and
this subsection.
(663-A added July 12, 2012, P.L.1142, No.141)
Section 664-A. Implementation of financial recovery plan.
(a) Chief recovery officer charged with implementing
plan.--Following the secretary's approval of the financial
recovery plan under section 663-A(d), the chief recovery officer
shall implement the plan and:
(1) Give written notice of the plan's adoption to
creditors, the employee organization and other parties who
will be directly affected by the plan's implementation. The
notice shall outline the provisions of the plan and specify
how that party's claim or interest will be treated.
(2) Oversee the implementation and completion of the
plan by directly controlling the implementation process,
including directing employees and elected or appointed
officials of the school district to take actions that, in
the judgment of the chief recovery officer, are necessary
to implement the plan and to refrain from taking actions
that, in the judgment of the chief recovery officer, would
impede the implementation of the plan.
(3) Provide the department and the secretary with
monthly reports that contain the following information:
(i) Evidence of payments to creditors as required
under the plan.
(ii) Evidence that any loan given to the school
district from the department under Subdivision (vi) is
being repaid.
(iii) Monthly revenue and expenditure sheets which
indicate the balances of each in relation to the other.
(iv) Evidence that the recommendations stated in
the plan are being accomplished by the dates specified
in the plan where applicable.
(4) Suggest amendments or revisions to the plan that
may be necessary to implement or complete the plan or adapt
the plan to circumstances that arise or become apparent after
approval of the plan by the secretary. In determining whether
to suggest amendments or revisions to the plan, the chief
recovery officer shall consult with the board of school
directors and the superintendent of the school district.
Amendments or revisions to the plan shall be submitted to
the board of school directors and the secretary for approval
as provided in section 663-A.

(5) Upon achievement of the goals and objectives stated

in the plan, recommend to the secretary that financial
recovery status be terminated under section 624-A.
(b) Duty to comply.-(1) The board of school directors shall comply with all
directives of the chief recovery officer under subsection
(a)(2) and may take no action that is:
(i) inconsistent with the plan;
(ii) not specifically identified in the plan; or
(iii) not directed by the chief recovery officer
as necessary to implement the plan.
(2) If a board of school directors fails to comply with
paragraph (1), the school district shall be subject to the
appointment of a receiver under Subdivision (vi).
(664-A added July 12, 2012, P.L.1142, No.141)
(vi) Receivership
(Subdiv. (vi) added July 12, 2012, P.L.1142, No.141)
Section 671-A. Appointment of a receiver.
(a) Duty to file petition.-(1) The secretary shall petition the court of common
pleas in the county in which a school district or the largest
part in area of the school district is located for the
appointment of the individual named in the petition to serve
as receiver for the school district upon the occurrence of
any of the following conditions:
(i) A failure by the board of school directors to
approve a financial recovery plan under section 652-A(c)
or 663-A(c).
(ii) A failure by the board of school directors to
comply with directives issued by the chief recovery
officer under section 653-A(a)(2) or 664-A(a)(2).
(iii) A failure by the board of school directors
to satisfy or continue to satisfy the objectives stated
in the financial recovery plan under section 641-A(9)
during the transition period under section 625-A.
(iv) A vote by the board of school directors to
proceed with the appointment of a receiver under section
662-A(2).
(2) For a school district that was declared to be in
financial recovery status under section 621-A(a)(1)(i)(A),
the secretary shall file a petition under this section not
less than 366 days nor more than 370 days following the
declaration of financial recovery status.
(b) Financial recovery plan.--The secretary shall attach
to the petition filed under subsection (a) a copy of a financial
recovery plan for the school district. The financial recovery
plan attached to the petition shall comply with section 641-A.
When a receiver is appointed under this subdivision, all
references to the chief recovery officer in section 641-A shall
be deemed references to the receiver appointed under this
subdivision.
(c) Requirements for individual appointed as receiver.-(1) To be appointed as receiver under this subdivision,
an individual must satisfy one of the following:
(i) possess at least five years' experience in one
or more of the following areas: budget and financial
management, public school finance, school administration,
accounting, academic assessment or education law;

(ii) hold a graduate degree from an accredited

higher education institution in business or finance and
have at least four years' relevant experience in
business, finance or management; or
(iii) be the current business manager or financial
officer of a school district in this Commonwealth.
(2) The chief recovery officer of the financial recovery
school district may be appointed as receiver.
(3) The receiver shall not:
(i) Seek or hold a position as an employee or as
an elected or appointed official of the school district
for which the individual is appointed to serve as
receiver during the term of the receivership or for a
period of two years after the receivership has ended.
(ii) Seek or hold elected office in a political
subdivision within the school district during the term
of the receivership or for a period of two years after
the receivership has ended.
(iii) Engage in any conduct prohibited by the act
of July 19, 1957 (P.L.1017, No.451), known as the State
Adverse Interest Act, or 65 Pa.C.S. Ch. 11 (relating to
ethics standards and financial disclosure).
(d) Consent.--The occurrence of any of the conditions
enumerated in subsection (a) shall be deemed consent by the
board of school directors to a petition filed by the secretary
for the appointment of a receiver under this subdivision.
(e) Notice.--On the same day the secretary files the
petition under subsection (a), the secretary shall:
(1) Serve the petition by electronic mail, first class
mail or hand delivery upon all of the following:
(i) Each member of the board of school directors
of the school district.
(ii) The chief recovery officer of the school
district.
(iii) The superintendent of the school district.
(iv) The solicitor of the school district.
(v) Each member of the advisory committee, if an
advisory committee has been established under section
654-A.
(2) Publish notice of the filing of the petition once
in a newspaper of general circulation in the school district.
(f) Hearing.--Within seven days after the filing of a
petition under subsection (a), the court of common pleas shall
conduct a hearing on the petition.
(g) Order.-(1) Not later than ten days following the hearing
conducted under subsection (f), the court shall issue an
order granting or denying the receivership. The court shall
grant the receivership unless the court finds by clear and
convincing evidence that the petition for the appointment
of a receiver is arbitrary, capricious or wholly irrelevant
to restoring the school district to financial stability.
(2) An order issued under this subsection granting the
receivership shall do all of the following:
(i) Declare the school district to be in
receivership for a period of three years, subject to
extension under section 675-A(b).
(ii) State the criteria upon which the order is
granted.
(iii) State findings of fact to support the order.
(iv) Appoint the individual named in the petition
to be the receiver if the individual satisfies the

provisions of subsection (c), provided that the court

may reject the appointment for any reason. If the court
rejects the appointment, the court may do either of the
following:
(A) name a receiver subject to the requirements
of section 671-A(c) and for good cause shown; or
(B) order the secretary to submit an alternative
appointment.
(v) Direct the receiver to implement the financial
recovery plan attached to the petition under subsection
(b).
(vi) Order the department to award a loan to the
school district under section 682-A(a)(1)(ii), if the
receiver appointed for the school district has applied
for a loan under section 682-A(a)(1)(ii) and the school
district satisfies the criteria stated in section
681-A(a).
(3) An order issued under this subsection denying the
receivership shall state:
(i) The reasons the petition was denied.
(ii) Findings of fact to support the order.
(h) Compensation.-(1) The receiver's compensation shall be set pursuant
to a contract between the receiver and the department and
paid by the department.
(2) The department shall reimburse the receiver for all
actual and necessary expenses incurred in the performance
of the individual's duties as receiver.
(i) Liability and immunity.--The receiver shall not be
personally liable for any obligations of the school district.
The receiver shall be entitled to sovereign and official
immunity as provided in 1 Pa.C.S. 2310 (relating to sovereign
immunity reaffirmed; specific waiver) and shall remain immune
from suit except as provided by and subject to the provisions
of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions)
and B (relating to actions against Commonwealth parties).
(671-A added July 12, 2012, P.L.1142, No.141)
Section 672-A. Powers and duties.
(a) Assumption of powers and duties.-(1) When a receiver is appointed under section 671-A,
the receiver shall assume all powers and duties of the chief
recovery officer and the board of school directors, including
all powers and duties of the board of school directors stated
in the financial recovery plan.
(2) Paragraph (1) shall not apply to the power to levy
and raise taxes. Such power shall remain solely with the
board of school directors, provided that the board of school
directors shall levy and raise taxes if directed to do so
by the receiver.
(3) The chief recovery officer appointed for the
financial recovery school district under section 631-A shall
remain in place as an advisor to the receiver.
(4) If the chief recovery officer appointed under
section 631-A is appointed as receiver by the court under
section 671-A, the secretary may appoint an individual to
replace the chief recovery officer, subject to section
631-A(b).
(b) Powers and duties of the receiver.--In addition to the
powers assumed under subsection (a), a receiver appointed under
section 671-A shall have the following powers and duties,
notwithstanding any other provision of law to the contrary:

(1) Implement the financial recovery plan attached to

the petition filed under section 671-A(a).
(2) Submit quarterly reports to the secretary,
superintendent and board of school directors of the school
district concerning the progress of the school district under
the financial recovery plan. Where an advisory committee has
been established under section 654-A, the reports shall also
be submitted to the advisory committee. The reports shall
be posted on the school district's publicly accessible
Internet website.
(3) Direct employees and appointed officials of the
school district to take actions that, in the judgment of the
receiver, are necessary to implement the financial recovery
plan and to refrain from taking actions that, in the judgment
of the receiver, would impede the implementation of the plan.
(4) Direct the board of school directors to levy and
raise taxes.
(5) Modify the financial recovery plan as necessary to
restore the school district to financial stability by
submitting a petition to the court of common pleas. Within
seven days of the filing of the petition, the court of common
pleas shall issue a decision approving or disapproving the
petition. The court of common pleas shall approve the
modification, unless the court finds by clear and convincing
evidence that the modification is arbitrary, capricious or
wholly inadequate to restore the school district to financial
stability.
(6) Employ financial or legal experts the receiver deems
necessary to implement or modify the financial recovery plan.
Notwithstanding any law to the contrary, the employment of
such experts shall not be subject to contractual competitive
bidding procedures.
(7) Attend regular and executive sessions of the board
of school directors of the school district.
(8) Petition the court of common pleas in the county
in which the school district or the largest part in area of
the school district is located to issue a writ of mandamus
upon any employee or elected or appointed official of the
school district to secure compliance with a directive of the
receiver issued under paragraph (3) or (4). Within seven
days of the filing of the petition, the court shall grant
the relief requested if the court determines that the
directive is consistent with the financial recovery plan.
(9) Meet at least monthly with the advisory committee,
where an advisory committee has been established under
section 654-A.
(c) Prohibited activity.--Nothing in this subarticle or the
financial recovery plan shall be construed to authorize the
receiver to do any of the following:
(1) Unilaterally levy or raise taxes.
(2) Unilaterally abrogate, alter or otherwise interfere
with a lien, charge, covenant or relative priority that is:
(i) Held by a holder of a debt obligation of a
school district.
(ii) Granted by the contract, law, rule or
regulation governing the debt obligation.
(3) Unilaterally impair or modify existing bonds, notes,
school district securities or other lawful contractual or
legal obligations of the school district, except as otherwise
ordered by a court of competent jurisdiction or as provided
in section 642-A(a)(3).
(672-A added July 12, 2012, P.L.1142, No.141)

Section 673-A. Effect of appointment of receiver.

(a) General rule.--The appointment of a receiver under this
subdivision shall have the effect of:
(1) Imposing on the employees and elected and appointed
officials of the school district a duty to comply with
directives of the receiver issued under section 672-A(b)(3)
or (4).
(2) Suspending the authority of the elected and
appointed officials of the school district to exercise power
on behalf of the school district pursuant to law, charter,
resolution, ordinance, rule or regulation, except as directed
by the receiver under section 672-A(b)(3) or (4).
(b) Form of government.--Appointment of a receiver under
this article shall not be construed to change the form of
government of the school district.
(673-A added July 12, 2012, P.L.1142, No.141)
Section 674-A. Vacancy and revocation.
(a) General rule.--When a vacancy in the office of the
receiver occurs, the secretary shall file a petition with the
court of common pleas in the county in which the school district
or the largest part in area of the school district is located
requesting that the individual named in the petition be
appointed as receiver.
(b) Revocation.--The secretary may, for any reason, file a
petition with the court of common pleas in the county in which
the school district or the largest part in area of the school
district is located requesting that the appointment of the
receiver be revoked and that the current receiver be replaced
by the individual named in the petition.
(c) Requirements.--The requirements of section 671-A(c)
shall apply to the individual named in a petition filed under
subsection (a) or (b). Within seven days of the secretary's
filing of a petition under subsection (a) or (b), the court
shall grant the petition to appoint the named individual as
receiver if the individual satisfies the requirements of section
671-A(c), provided that the court may reject the appointment
for any reason. If the court rejects the appointment, the court
may do either of the following:
(1) name a receiver subject to the requirements of
section 671-A(c) and for good cause shown; or
(2) order the secretary to submit an alternative
appointment.
(674-A added July 12, 2012, P.L.1142, No.141)
Section 675-A. Termination of receivership.
(a) Time.--Except as otherwise provided under subsection
(b), a receivership granted under section 671-A shall expire
three years after the initial appointment of the receiver under
section 671-A.
(b) Extension.-(1) The secretary may petition the court of common pleas
in the county in which the school district or the largest
part in area of the school district is located for one or
more extensions of the receivership.
(2) The court shall grant each extension for another
three years unless the court finds by clear and convincing
evidence that the request for extension is arbitrary,
capricious or wholly irrelevant to restoring the school
district to financial stability.
(675-A added July 12, 2012, P.L.1142, No.141)
Section 676-A. Transition period.
(a) Board resumes control.--Subject to the provisions of
subsections (b) and (c), after a receivership granted under

section 671-A expires according to the provisions of section

675-A, the following shall apply:
(1) The board of school directors shall resume full
control over school district management.
(2) The chief recovery officer and the department shall
oversee the board of school directors for five years to
ensure financial stability is maintained.
(b) Declaration of financial recovery status.--If, during
the transition period after the expiration of the receivership,
the board of school directors fails to maintain the objectives
stated in the financial recovery plan, the school district shall
be subject to a declaration of financial recovery status under
Subdivision (i).
(c) Oversight where municipalities financially
distressed.--Notwithstanding the provisions of subsection (a),
the chief recovery officer and the department shall oversee the
board of school directors of any school district formerly in
receivership under this subdivision for so long as any political
subdivision located within the school district is a financially
distressed municipality under the act of July 10, 1987 (P.L.246,
No.47), known as the Municipalities Financial Recovery Act,
without regard to whether the school district continues to
maintain the objectives stated in its financial recovery plan.
(676-A added July 12, 2012, P.L.1142, No.141)
(vii) Financial Recovery
Transitional Loan Program
(Subdiv. (vii) added July 12, 2012, P.L.1142, No.141)
Section 681-A. Program.
(a) Establishment.--The Financial Recovery Transitional
Loan Program is established in the department under which the
department shall provide loans to school districts that satisfy
both of the following:
(1) The school district satisfies the criteria for a
declaration of financial recovery status under section
621-A(a)(1)(i).
(2) The board of school directors has approved a
financial recovery plan under section 652-A(c) or 663-A(c).
(b) Nature of loans.--All loans granted by the department
shall be free from interest and shall be repayable according
to a covenant that states a schedule for repayment in specified
amounts and dates.
(c) Funding of loans.--All loans granted by the department
under this subdivision may be made from moneys in the account
established under subsection (d).
(d) Financial Recovery School District Transitional Loan
Account.-(1) The Financial Recovery School District Transitional
Loan Account is established as a restricted account in the
department.
(2) The account may be funded by any annual
appropriation from the General Assembly for this program,
principal repayments on all loans made under this
subdivision, other funds not encumbered or committed from
appropriations for grants and subsidies made to the
department to assist school districts for the prior fiscal
year which are authorized for use by the General Assembly
on an annual basis and any interest earned on moneys in the
account.

(3) The moneys in the account may be used to make loans

under this subdivision.
(e) Eligibility and suspension of loan.-(1) A school district that satisfies the criteria stated
in subsection (a) shall receive a loan under this subdivision
in the amount, and accessible over the term, stated in the
financial recovery plan approved by the secretary under
section 652-A(d)(2) or 663-A(d)(2) or ordered by the court
under section 671-A(g)(2)(vi).
(2) (i) Any loan granted under this subdivision to a
school district shall be suspended and immediately due
and payable if, in the judgment of the secretary, the
school district fails to take all actions necessary to
implement a financial recovery plan under section
653-A(b) or 664-A(b) and is not progressing toward
financial stability.
(ii) Where the secretary determines to suspend a
loan under this paragraph, the secretary shall notify
the chair and minority chair of the Appropriations
Committee of the Senate, the chair and minority chair
of the Appropriations Committee of the House of
Representatives, the chair and minority chair of the
Education Committee of the Senate and the chair and
minority chair of the Education Committee of the House
of Representatives.
(f) Voluntary agreement.-(1) A school district that receives a loan under this
subdivision may enter into a voluntary agreement with one
or more charter schools in which students residing within
the school district are enrolled, which agreement provides
that the charter school may give the school district funds
to assist the school district in repayment of the loan.
(2) Any amount provided by the charter school under
this subsection shall be in an amount agreed upon by the
charter school and the school district.
(681-A added July 12, 2012, P.L.1142, No.141)
Section 682-A. Loan procedure.
(a) General rule.-(1) (i) The chief recovery officer of a school district
that is eligible for a loan under section 681-A(a) may
apply to the secretary for a loan on behalf of the school
district. The submission of a financial recovery plan
to the secretary under section 652-A(d) or 663-A(d) that
recommends the application for a loan under section
641-A(4)(ii)(F) shall constitute an application to the
secretary for a loan under this subdivision.
(ii) If a receiver has been appointed for the school
district in accordance with section 671-A(a)(1)(iii),
the receiver may apply to the secretary for a loan on
behalf of the school district. The submission of a
financial recovery plan to the court under section
671-A(b) that recommends the application for a loan
pursuant to section 641-A(4)(ii)(F) shall constitute an
application to the secretary for a loan under this
subdivision. Through an order issued under section
671-A(g), the court shall order the department to approve
a loan to the school district under this subdivision if
the school district satisfies the criteria stated in
section 681-A(a).
(2) If a school district satisfies the criteria stated
in section 681-A(a), the secretary shall approve the

application and request the release of funds from the

Secretary of the Budget.
(b) Immediate emergencies.-(1) Notwithstanding the requirements of section
681-A(a), prior to a school district's approval of a
financial recovery plan, the chief recovery officer may apply
to the secretary for an expedited loan to immediately assist
the school district if the chief recovery officer verifies
the following upon reasonable belief:
(i) all steps have been taken to ensure only
critical payments have been made to maintain and continue
instruction of students enrolled in the school district;
and
(ii) either of the following exists:
(A) the school district is in imminent danger
of insolvency; or
(B) the school district may cease operations
within 30 days.
(2) (i) Upon receipt of an application under this
subsection, the secretary shall review all data
immediately available and shall determine whether a loan
is warranted.
(ii) If warranted, the secretary shall approve the
application and request the release of the funds from
the Secretary of the Budget. The secretary may impose
such terms and conditions on a loan approved under this
subsection as the secretary determines are necessary and
appropriate.
(iii) The secretary's determination under this
subsection is appealable under 2 Pa.C.S. (relating to
administrative law and procedure).
(682-A added July 12, 2012, P.L.1142, No.141)
Section 683-A. Limitations.
(a) Use.--A loan to a school district under this subdivision
shall be used solely to implement the components of the
financial recovery plan, including the payment of current
expenses of the school district as identified in the financial
recovery plan.
(b) Local Government Unit Debt Act.--A loan to a school
district under this subdivision shall not be subject to, and
shall be subordinate to indebtedness incurred under, the
provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to
indebtedness and borrowing).
(c) Amount.--The aggregate amount of loans awarded to school
districts under this subdivision shall not at any time exceed
the amount in the Financial Recovery School District
Transitional Loan Account.
(d) Number of loans.--A school district eligible for a loan
under this subdivision shall receive a maximum of one loan per
fiscal year.
(e) Withholding not applicable.--A school district's failure
to make timely payment of principal on a loan issued under this
subdivision shall not subject the school district to withholding
of unpaid amounts from State appropriations under section 633.
(683-A added July 12, 2012, P.L.1142, No.141)
(viii) Miscellaneous Provisions
(Subdiv. (viii) added July 12, 2012, P.L.1142, No.141)
Section 691-A.

Applicability.

(a) General rule.--Except as otherwise provided in

subsection (b), nothing in this article is intended to limit
or otherwise abrogate the applicability of any other part of
this act.
(b) Conflict.--If there is a conflict between a provision
of this article and any other provision of this act or other
State law, the provision of this article shall prevail.
(691-A added July 12, 2012, P.L.1142, No.141)
Section 692-A. Bankruptcy prohibited.
A school district may not file a municipal debt adjustment
action under the Bankruptcy Code (11 U.S.C. 101 et seq).
(692-A added July 12, 2012, P.L.1142, No.141)
Section 693-A. Termination of special board of control.
Where a school district is governed by a special board of
control under section 692 as of the effective date of this
section, the special board of control shall terminate
immediately upon the appointment of a chief recovery officer
for the school district as provided under section 631-A.
(693-A added July 12, 2012, P.L.1142, No.141)
ARTICLE VII.
GROUNDS AND BUILDINGS.
(a)

Duty to Provide; Acquisition and

Disposition of Property.

Section 701. Duty to Provide; Conditions.--The board of

school directors of each district shall provide the necessary
grounds and suitable school buildings to accommodate all the
children between the ages of six and twenty-one years, in said
district, who attend school. Such buildings shall be
constructed, furnished, equipped, and maintained in a proper
manner as herein provided. Suitable provisions shall be made
for the heating (including the purchase of fuel), ventilating,
adequate lighting and sanitary conditions thereof, and for a
safe supply of water, so that every pupil in any such building
may have proper and healthful accommodations.
(701 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 701.1. Referendum or Public Hearing Required Prior
to Construction or Lease.--Except where the approval of the
electors is obtained to incur indebtedness to finance the
construction of a school project, the board of school directors
of any school district of the second, third or fourth classes,
shall not construct, enter into a contract to construct or enter
into a contract to lease a new school building or substantial
addition to an existing school building without the consent of
the electors obtained by referendum or without holding a public
hearing as hereinafter provided. In the event that a new school
building or a substantial addition to an existing building is
to be constructed or leased, the school board shall, by a
majority vote of all its members, authorize a maximum project
cost and a maximum building construction cost to be financed
by the district or amortized by lease rentals to be paid by the
district. Building construction cost shall consist of the cost
of all building construction including general construction
costs, plumbing, heating, electrical, ventilating and other
structural costs, equipment and fixtures and architectural and
engineering fees relating thereto, but not including costs for
site acquisition and development, rough grading to receive the
building, sewage treatment facilities or equivalent capital
contributions, and architectural and engineering fees relating
thereto. In all cases, a public hearing shall be held not later

than thirty (30) days before the school district submits the
initial building construction cost estimates to the Department
of Education for approval. Notice of the hearing shall be given
not later than twenty (20) days before the date of the scheduled
hearing. In the event that the maximum building construction
cost authorization exceeds the aggregate building expenditure
standard hereinafter specified, the aforesaid authorization of
the school board shall be submitted to the electors of the
school district for their approval within six (6) months prior
to submission of the final building construction cost bids to
the Department of Education for approval. Such referendum shall
be held in the same manner as provided by law for the approval
of the incurring of indebtedness by referendum. The question
as submitted shall specify the maximum project cost, the maximum
building construction cost and the annual sinking fund charge
or lease rental to be incurred by the school district and the
portion of such charge or rental expected to be reimbursed by
the Commonwealth. If the final building construction cost bids
to be submitted to the Department of Education for approval are
less than the aggregate building expenditure standard hereafter
specified but exceed by eight (8) per cent or more the initial
building construction cost estimates submitted to the Department
for approval, a second public hearing shall be held before the
Department shall give its final approval.
The applicable aggregate building expenditure standard shall
be a total amount calculated for each building or substantial
addition by multiplying the rated pupil capacity under the
approved room schedule by the following: two thousand eight
hundred dollars ($2,800) for each pupil of rated elementary
capacity; four thousand two hundred dollars ($4,200) for each
pupil of rated secondary capacity in grades seven, eight and
nine and five thousand two hundred dollars ($5,200) for each
pupil of rated secondary capacity in grades ten, eleven and
twelve and five thousand two hundred dollars ($5,200) for each
pupil of rated vocational-technical capacity in grades ten,
eleven and twelve to not include the cost of equipment and
fixtures in such vocational-technical schools: Provided,
however, That each of the preceding per pupil amounts shall be
adjusted by the Department of Education on July 1, 1974; and
annually thereafter through July 1, 2003, by multiplying said
amounts by the ratio of the composite construction cost index
compiled and published by the United States Department of
Commerce for the preceding calendar year to such index for the
next preceding calendar year; and Further Provided, however,
That each of the preceding per pupil amounts shall be adjusted
by the Department of Education on July 1, 2004; and annually
thereafter by multiplying said amounts by the ratio of the
Building Cost Index published by the McGraw-Hill Companies for
the preceding calendar year to such index for the next preceding
calendar year. Rated elementary pupil capacity or rated
secondary pupil capacity for any school building shall be the
rated pupil capacity determined on the basis of the method used
by the Department for school building reimbursement purposes
during the school year 1971-1972.
For purposes of this section:
(1) "Site acquisition" includes the cost of land and mineral
rights, demolition and clearing, rights-of-way and related
utility relocations, surveys and soils analysis, and the cost
of all fees relating thereto.
(2) "Site development" includes excavation, grouting or
shoring, special foundations for buildings, access roads to
site, utilities on site, extension of utilities to site.

(3) "Equipment and fixtures" means property fixed or movable

which is incidental and necessary to conduct the educational
program, and includes, but is not limited to movable equipment
such as desks, chairs, tables, portable physical education
equipment, audio-visual equipment and science, homemaking,
industrial art and business equipment and instructional
materials and fixtures such as casework, laboratory equipment,
kitchen equipment, auditorium seating and any other special
fixtures or equipment required to conduct a particular
educational program.
(4) "Substantial addition" means more than twenty (20) per
centum of the area and replacement value of the structure to
which the improvement is to be added.
(701.1 amended July 4, 2004, P.L.536, No.70)
Section 702. Location and Amount of Land; Playground.--The
location and amount of any real estate required by any school
district for school purposes shall be determined by the board
of school directors of such district, by a vote of the majority
of all the members of such board. No new school building shall
be erected without a proper playground being provided therefor.
Section 703. Acquisition of Buildings, Sites for School
Buildings and Playgrounds, and Disposing Thereof.--In order to
comply with the provisions of this act, and subject to the
conditions thereof, the board of school directors of each
district is hereby vested with the necessary power and authority
to acquire, in the name of the district, by purchase, lease,
gift, devise, agreement, condemnation, or otherwise, any and
all schools and real estate, either vacant or occupied,
including lands theretofore occupied by streets and alleys which
have been vacated by municipal authorities, and to acquire by
purchase, lease, gift or devise, other buildings approved for
school use by the Department of Education as the board of school
directors may deem necessary to furnish school buildings or
other suitable sites for proper school purposes for said
district or to enlarge the grounds of any school property held
by such district, and to sell, convey, transfer, dispose of,
or abandon the same, or any part thereof, as the board of school
directors may determine. Approval of the Department of Education
shall not be required for school buildings and playgrounds on
any school construction project for which State reimbursement
is not requested.
(703 amended June 30, 2011, P.L.112, No.24)
Section 703.1. Lease of Buildings or Portions of Buildings
Constructed or Altered for School Use.--The board of school
directors of any district is hereby vested with the power and
authority to lease for an extended period of five (5) years or
more, with or without provisions for acquisition of same,
buildings or portions of buildings constructed for school use
and/or other buildings or portions of buildings altered for
school use provided such buildings comply with standards and
regulations established by the State Board of Education and the
Department of Labor and Industry.
(703.1 added Dec. 6, 1972, P.L.1445, No.323)
Section 704. Acquisition and Disposition of Property in
Other District; Freedom from Taxation.--The board of school
directors of any district is hereby vested with the necessary
power and authority to acquire, in the name of the district,
by purchase, lease, gift, devise, agreement, condemnation, or
otherwise, for proper school purposes, any school building or
other real estate situated in another school district and to
erect thereon school buildings, and to sell, convey, transfer,
or abandon the same, or any part thereof, subject to the

provisions of this act. Any such buildings or other real estate

used for proper school purposes acquired in any other district
by any such district shall be exempt from taxation for any
purpose whatever.
Section 705. Residences for Teachers and Janitors.--The
board of directors of any school district of the fourth class,
when they consider it necessary, may purchase or build a
residence or residences for the use of the principal or teacher
or janitor, or any of them, as shall be deemed advisable, in
the same manner and upon the same procedure as other school
buildings are purchased or erected. Such school districts, with
the approval of the Department of Public Instruction, are
authorized to expend the funds of the school district and to
borrow money for the purchase or erection of such residences
in the same manner as for other school buildings. Any such
district may fix and charge a rental for the use of such
building, which rental shall be paid into the school treasury.
All property acquired under this section shall be held by the
school district the same as other school property.
(705 amended Oct. 21, 1965, P.L.601, No.312)
Section 706. Parks; Playgrounds; etc.--Any school district
shall have the power to join with any city, borough,
incorporated town, township, or county, or any combination
thereof, in equipping, operating, and maintaining parks,
playgrounds, playfields, gymnasiums, public baths, swimming
pools, and indoor recreation centers, and may appropriate money
therefor. For such purpose, the school district may levy an
annual tax not to exceed two mills on the dollar of the assessed
valuation of taxable property in the school district.
Section 707. Sale of Unused and Unnecessary Lands and
Buildings.--The board of school directors of any district is
hereby vested with the necessary power and authority to sell
unused and unnecessary lands and buildings, by any of the
following methods and subject to the following provisions:
(1) By public auction, either on the premises to be sold
or at places selected by the school board, after due notice by
publication in one or more newspapers of general circulation
published within the county or the school district and in the
legal newspaper in said county, if any, once a week for three
successive weeks before the date fixed for said sales, and by
hand bills, one or more of which must be posted on the property
proposed to be sold, and at least five of which must be posted
at conspicuous places within the vicinity of said real estate.
Terms and conditions of sale shall be fixed by the board in the
motion or resolution authorizing the sale. ((1) amended Sept.
27, 1955, P.L.650, No.173)
(2) Upon sealed bids requested by the school board, notice
of the request for sealed bids to be given as provided in clause
(1) of this section. Terms and conditions of sale shall be fixed
by the board in the motion or resolution authorizing the request
for sealed bids.
(3) At private sale, subject to the approval of the court
of common pleas of the county in which the school district is
located. Approval of the court shall be on petition of the board
of school directors, which petition shall be executed by the
proper officers of the board, and shall contain a full and
complete description of the land proposed to be sold, a brief
description and character of the building or buildings erected
thereon, if any, the name of the prospective purchaser, the
amount offered for the property, and shall have attached thereto
an affidavit of at least two persons who are familiar with the
values of real estate in the locality in which the land and

buildings proposed to be sold are located, to the effect that

they have examined the property, that the price offered therefor
is a fair and reasonable one and in their opinion a better price
than could be obtained at public sale, and that they are not
interested, either directly or indirectly, in the purchase or
sale thereof. Before the court may act upon any such petition
it shall fix a time for a hearing thereon and shall direct that
public notice thereof be given as provided in clause (1) of
this section. A return of sale shall be made to the court after
the sale has been consummated and the deed executed and
delivered.
(4) In the case of land, or any interest therein, acquired
by a school district of the first class at any sale on a tax
or municipal claim, or on a bid submitted at any judicial sale,
where the school district has an interest arising out of unpaid
taxes against the premises being sold, or by voluntary
conveyance in payment of taxes, the land so acquired may be
sold by the school district of the first class, at public or
private sale, pursuant to a resolution of the board of public
education of such school district, without advertisement, and
without further proceedings or confirmation by the court.
(5) The board of school directors may, at their discretion,
when selling real estate, sell and convey such real estate to
the purchasers for the accepted consideration, payable partly
in cash and partly in the form of a purchase money mortgage
(and bond) to be paid in not more than five (5) years from the
date thereof and bearing interest at the rate of not less than
five (5) per centum, said mortgage and bond to contain the
customary provisions requiring fire insurance and the payment
of taxes, water rents, and assessments by the mortgagor and
obligor.
(6) The board of school directors, when selling property
at private sale, may engage the services of licensed real estate
brokers to secure prospective purchasers, and pay them the
customary real estate agents' commission charged within the
school district, but only in the event the sale is actually
consummated by the brokers.
(7) The moneys derived from sales of real estate enumerated
in clause (4) of this section shall be paid into the general
fund, along with moneys derived from taxes, and may be used for
current expenses of the school district. The moneys derived
from sales of other real estate shall be used for debt service
or for capital expenditures.
(7.1) Notwithstanding the foregoing provisions of this
section, the board of school directors may, upon approval of
two-thirds (2/3) of its members, sell and convey real estate
to a charitable organization holding exempt status under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. 501(c)(3)) for the accepted consideration
which may include, but not be limited to, payment partly in
cash and partly in the form of a purchase money mortgage and
bond to be paid in a period in excess of five (5) years from
the date of the mortgage. The mortgage and bond shall contain
the customary provisions requiring fire insurance and the
payment of taxes, water rents, and assessments by the mortgagor
and obligor. ((7.1) added Dec. 19, 1997, P.L.602, No.59)
(8) Notwithstanding the foregoing provisions of this
section, any school district of the second, third or fourth
class, upon approval of two-thirds (2/3) of the members of the
board of school directors of such district, may convey any
unused and unnecessary lands and buildings of the district to
the city, borough, town, township or municipal authority, the

boundaries of which are coterminous with or within those of the

district or a volunteer fire company, volunteer ambulance
service or volunteer rescue squad located within the district,
without consideration, or for such consideration and on such
terms of exchange or otherwise as may be agreed upon, without
first complying with the requirements of the foregoing
provisions of this section.
All such conveyances to a city, borough, town, township or
municipal authority shall contain a clause whereby the lands
and buildings will revert to the school district if they are
no longer being used for municipal or authority purposes, with
the following exception. If the lands and buildings acquired
from a former school district are conveyed to a city, borough,
town, township or municipal authority, the boundaries of which
are coterminous with or within those of the former school
district, the conveyance need not contain a reverter clause.
However, all conveyances to a volunteer fire company, volunteer
ambulance service or volunteer rescue squad shall contain a
clause whereby the lands and buildings will revert to the school
district if they are no longer being used for fire, ambulance
or rescue services.
((8) amended July 9, 2014, P.L.1039, No.122)
(9) Notwithstanding the foregoing provisions of this
section, any school district may lease, grant, assign or convey
to the State Public School Building Authority, a municipality
authority or any profit or nonprofit corporation, partnership,
association or person, with or without consideration, in
connection with any lease for a school building or project, any
lands, easements or rights in lands, together with any
improvements, buildings or structures therein or thereon, now
owned by the school district or hereafter acquired by it, deemed
necessary to carry out the project, as well as furnishings and
equipment used or useful in connection therewith. ((9) added
July 11, 1957, P.L.775, No.373)
(10) Notwithstanding the foregoing provisions of this
section, any school district may convey any unused and
unnecessary lands and buildings which are of historical
significance and importance to any legally constituted
historical society for historical purposes without consideration
or for such consideration and on such terms or exchange or
otherwise as may be agreed upon without complying with the other
provisions of this section. ((10) amended Dec. 20, 1983,
P.L.267, No.73)
(11) Notwithstanding the foregoing provisions of this
section, and subject to the limitations herein set forth, any
school district, upon approval of two-thirds (2/3) of the
members of the board of school directors of said district, may
convey, with or without consideration, any unused or unnecessary
lands and buildings of the district to: (i) a community college
organized and existing under the provisions of the "Community
College Act of 1963,"; or (ii) the State Public School Building
Authority or a municipality authority with which the community
college has entered into or is about to enter into a lease
rental agreement for the use of the subject lands and buildings.
The conveying school district shall: (i) be a sponsor of the
community college to which the conveyance is to be made, or
with which the State Public School Building Authority or the
municipality authority to which the conveyance is to be made
has entered into or is about to enter into a lease rental
agreement for the use of the subject lands and buildings; or
(ii) be coterminous with or included within the boundaries of
a municipality or county board of school directors sponsoring

the community college to which the conveyance is to be made or

with which the State Public School Building Authority or the
municipality authority to which the conveyance is to be made
has entered into or is about to enter into a lease rental
agreement for the use of the subject lands and buildings.
((11) added July 31, 1968, P.L.796, No.242)
Section 708. Abandonment of Property.--No property that has
heretofore been acquired by, or conveyed or granted to, any
school district for school purposes, or which may hereafter be
acquired by any school district for school purposes, shall be
considered as abandoned until the board of school directors of
such district shall pass, by vote of the majority of members
of the board, a resolution declaring it to be the intention of
such district to vacate and abandon the same, whereupon all
right, title, and interest of such district in such premises
shall be fully terminated.
Section 709. Lease of Unused and Unnecessary Lands and
Buildings.--The board of school directors of any district may
lease for any lawful purpose, other than educational use, unused
and unnecessary lands and buildings of the district pending the
sale thereof or until such time as the board shall decide again
to make use thereof for school purposes. Terms and conditions
of lease shall be fixed by the board in the motion or resolution
authorizing the lease. All rents collected shall be paid into
the general fund of the district.
(709 added Aug. 26, 1953, P.L.1451, No.420)
(b)

Eminent Domain.

Section 721. Condemnation of Land.--Whenever the board of

school directors of any district cannot agree on the terms of
its purchase with the owner or owners of any real estate that
the board has selected for school purposes, such board of school
directors, after having decided upon the amount and location
thereof, may enter upon, take possession of, and occupy such
land as it may have selected for school purposes, whether vacant
or occupied, and designate and mark the boundary lines thereof,
and thereafter may use the same for school purposes according
to the provisions of this act: Provided, That no board of school
directors shall take by condemnation any burial ground, or any
land belonging to any incorporated institution of learning,
incorporated hospital association, or unincorporated church,
incorporated or unincorporated religious association, which
land is actually used or held for the purpose for which such
burial ground, institution of learning, hospital association,
church, or religious association was established.
Section 722. Security for Damages; Fee Simple Title.--The
school funds which may be raised by taxation in any school
district shall be pledged, and hereby are made security, to the
owner or owners of any property taken for school purposes, for
all damages they may sustain on account of taking of such
property by the district for school purposes.
The title to all real estate acquired by any school district
by condemnation proceedings shall be vested in such school
district in fee simple.
Section 723. Appointment of Viewers; Notice.--When the board
of school directors of any district shall enter upon and occupy
lands for school purposes, as herein provided, it or the owners
of such premises, or any one of them in behalf of all of them,
may present a petition to the court of common pleas of the
county in which such land is situated, setting forth the facts,
giving a description of the premises taken by metes and bounds,

and the names of all the owners thereof; whereupon the court
shall appoint a jury of viewers, from the county board of
viewers, and shall fix a time for a hearing when they shall
view the premises. Said time shall not be less than ten (10)
or more than thirty (30) days after their appointment. Five (5)
days' notice of the time and place for the first meeting shall
be given by the petitioners to said viewers and other parties
interested. If on account of non-residence, or of any other
reason, personal notice cannot be given, notice shall be given
of such view by registered letter, or by advertisement, or
otherwise, as the court may direct.
Section 724. Duties of Viewers; Report; Notice.--At the
time and place fixed for the view, the viewers, having first
been duly sworn or affirmed to perform their duties with
fidelity and according to law, shall view and examine the
premises so taken by the school district, and, after hearing
such parties as may desire to be heard, shall decide and make
a true report to the court concerning the matters set forth in
such petition and submitted to them, and, taking into
consideration the quality and location of and the improvements
upon the land taken and occupied for school purposes, and taking
into consideration the damages sustained and the benefits
accruing, shall estimate and determine what amount of damages,
if any, have been sustained by the owner of such premises by
reason of the taking of said land by the school district, and
to whom payable, if they can ascertain the legal owners thereof.
Such hearing may be adjourned from time to time as such viewers
may direct. The school district and the parties interested shall
have at least five (5) days' notice of the filing of the
viewers' report. If the actual owner of the premises, or any
part thereof, by reason of non-residence or otherwise, cannot
be notified, notice of the filing of the report shall be given
as directed by the court.
Section 725. Confirmation of Report.--If no exceptions are
filed to, or appeal taken from, the report of the viewers by
any party interested within thirty (30) days after the filing
thereof, the same shall be confirmed absolutely by the court,
and the amount awarded therein to any person shall be a valid
debt and obligation of the school district, collectible as
herein provided.
Section 726. Payment of Damages into Court.--If on account
of any liens existing against such premises, or if the actual
owners thereof cannot be found, or if the owners or any of them
refuse the amount awarded by such report, or if, for any other
reason, the school district cannot pay the sum awarded for such
damages to the person legally entitled thereto, it may pay the
same into court, and thereafter the owners of such premises or
its lien creditors shall look to said fund for all damages
accruing to them on account of the taking of said property.
Section 727. Exceptions and Appeals.--If exceptions to the
report of the viewers are filed by any interested party, or if
an appeal is taken, the exceptions or appeal shall be disposed
of according to the rules of the court.
Section 728. Costs.--All costs and witness fees in any such
case shall be paid by the school district: Provided, That in
cases where an appeal is taken by any property owners from the
award made by any board of viewers, and the appellant does not
recover a verdict for a greater amount than the viewers awarded,
the appellant shall pay all costs of such appeal and trial.
(c)

Specific Requirements.

Section 731. Approval by Department of Plans, etc., of

Buildings; Exceptions.--The Department of Education, with
respect to construction or reconstruction of public school
buildings, shall have the power and its duties shall be:
(1) To review all projects, plans and specifications for
school building construction or reconstruction, and to make
recommendations thereon to the General Assembly and the
Governor: Provided, however, That approval of the Department
of Education shall not be required for projects, plans and
specifications for school construction projects for which
reimbursement from the Commonwealth is not requested; ((1)
amended June 30, 2011, P.L.112, No.24)
(2) To assist school districts in preplanning construction
and reconstruction projects, and offer such architectural,
engineering and financial advice as will enable the project to
comply with the standards prescribed by the State Board of
Education;
(3) To hold hearings on any or all projects and subpoena
witnesses, administer oaths, take testimony and compel the
production of documents relevant to any investigation;
(4) To act as liaison between the public, local school
officials, the General Assembly, and the Governor on school
building construction and reconstruction projects;
(5) To receive and investigate complaints from the public
or other source concerning any school building construction or
reconstruction project;
(6) To conduct investigations on any phase of school
building construction or reconstruction projects.
The Department of Education shall employ engineers,
architects, financial advisors, and such other staff personnel
as may be necessary for the proper performance of the duties
of the Department with respect to construction or reconstruction
of public school buildings.
No public school building shall be contracted for,
constructed, or reconstructed, in any school district of the
second, third, or fourth class until the plans and
specifications therefor have been approved by the Department
of Education.
When ordinary repairs are proposed, such as plastering,
painting, replacement of floors, improvement of school grounds,
repairing or providing walks, roadways or retaining walls, the
cost of which in districts of the second class or in districts
of the third and fourth class will not exceed fifteen thousand
dollars ($15,000) per building, no approval shall be required.
Where any structural change is involved, such as moving or
adding doors, windows, partitions, making additions or any
excavations, or any work which may affect the safety or health
of the pupils, or any work which comes under the jurisdiction
of another department of the Commonwealth, approval of the
Department of Education shall be required regardless of the
cost of such structural change.
No school building shall be purchased by any school district
until such purchase shall have been approved by the Department
of Education. Such approval shall not be given unless the school
building to be purchased and any approved structural changes
or renovations meet the standards required to operate public
school buildings of a similar age currently in use in the
Commonwealth.
(731 amended June 27, 1973, P.L.75, No.34)
Section 731.1. Approval of Lease Agreements.--No building
facilities for school use authorized under the provisions of
section 703.1, shall be leased by any school district until

such lease agreement has been approved by the Department of

Education. Such approval shall not be given unless the building
facilities to be leased meet the standards required to operate
public school buildings in use in the Commonwealth: Provided,
however, That Department of Education approval of any lease
agreement shall not be required for any lease agreement for
which Commonwealth reimbursement is not requested.
(731.1 amended June 30, 2011, P.L.112, No.24)
Section 732. Plans, etc., Furnished by State Council of
Education.--(732 repealed July 27, 1953, P.L.629, No.184)
Section 732.1. Limitation on New Applications for Department
of Education Approval of Public School Building Projects.--(a)
For the 2012-2013 fiscal year and the 2013-2014 fiscal year,
the Department of Education shall not accept or approve new
school building construction or reconstruction project
applications. Completed school building construction or
reconstruction project applications received by the Department
of Education by October 1, 2012, are not subject to this
provision.
(b) The Department of Education shall, in consultation with
school district officials and the General Assembly, conduct a
review of the Department of Education's current process through
which public school building projects are reviewed and approved
for Commonwealth reimbursement. The review shall incorporate
an analysis of impacting local factors, including, but not
limited to, tax effort and building requirements, and shall
make recommendations to the chair and minority chair of the
Appropriations Committee of the Senate, the chair and minority
chair of the Education Committee of the Senate, the chair and
minority chair of the Appropriations Committee of the House of
Representatives and the chair and minority chair of the
Education Committee of the House of Representatives by May 1,
2013. The Department of Education shall also conduct a Statewide
analysis of school facilities and future capital needs and shall
submit a preliminary report on that analysis by May 1, 2014.
(732.1 amended July 9, 2013, P.L. , No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Section 733. Standards of State Board of
Education.--(a) All public school buildings hereafter built
or rebuilt shall conform to standards established by the State
Board of Education as to heating and ventilating systems, light
area, floor space, cubical contents, substantiated need and
cost standards for construction throughout the Commonwealth:
Provided, That the board of school directors shall in each case
have the power to determine the type of heating and ventilating
systems to be used. Cost standards shall take into account the
percentage of total space which may be reimbursable, the
percentage of total district budget represented by capital
outlay required for the project, the financial capability of
the applicant to sustain and maintain the obligation of
indebtedness to be created by the proposed project, and such
other factors as the board may consider necessary to establish
reasonable cost standards. The board shall each year review,
update, and if necessary revise such cost standards. The board
shall, at least once during each period of three years,
completely review and revise such standards in the light of
improved facilities, equipment and methods, and in the light
of changing philosophies of classroom efficiency, and with a
view to utilizing natural advantages wherever available. Such

standards shall permit of opportunity for individuality in

design and equipment to meet the requirements and possibilities
of each public school building to be built or rebuilt.
(b) Any school district may petition the State Board of
Education to grant an exception to specific standards as
provided in this section where unnecessary hardships or
educational inadequacy would otherwise result. The State Board
of Education shall hold a hearing on such petitions for
exceptions upon request of the school district or may authorize
the Department of Education to conduct such hearings.
(c) The Secretary of Education shall have the power to deny
approval to any school building construction or reconstruction
project which fails to meet standards prescribed by the State
Board of Education.
(733 amended June 27, 1973, P.L.75, No.34)
Section 734. Heating and Ventilating Standards.--(734
repealed June 27, 1973, P.L.75, No.34)
Section 735. Advisory Committee on Standards.--For the
purpose of advising the State Board of Education in making
revisions of standards as required by section 733 of this act,
the Governor shall immediately before the time for making any
revision, appoint an advisory committee consisting of fifteen
members, three of whom shall be registered architects
experienced in designing school buildings, one of whom shall
be a registered engineer experienced in the application of
environmental controls for school buildings, one of whom shall
be a registered engineer experienced in the design or evaluation
of maintenance techniques, facilities or equipment, two of whom
shall be school administrators, two of whom shall be classroom
teachers, one of whom shall be a physician, one of whom shall
be representative of the construction industry experienced in
school construction, two of whom shall be school board members
who are not teachers or administrators and two of whom shall
be residents of the Commonwealth not professionally engaged in
any of the aforementioned occupations. The members of such
committees shall serve without compensation, but shall be
reimbursed for their necessary expenses actually incurred in
the performance of their duties.
The advisory committee shall attach a statement to its
recommended changes and revisions in the standards setting forth
the reasons for such changes or revisions with reference to the
specific educational or health benefits expected to accrue from
such changes or revisions and the associated expected change
in construction or maintenance costs.
(735 amended June 27, 1973, P.L.75, No.34)
Section 736. Heating Stoves to be Shielded.--No board of
school directors in this Commonwealth shall use a common heating
stove for the purpose of heating any school room, unless such
stove is in part enclosed within a shield or jacket made of
galvanized iron, or other suitable material, and of sufficient
height, and so placed, as to protect all pupils while seated
at their desks from direct rays of heat.
Section 737. Ventilation; Thermometer.--No school room or
recitation room shall be used in any public school which is not
provided with ample means of ventilation, and whose windows,
when they are the only means of ventilation, shall not admit
of ready adjustment both at the top and bottom, and which does
not have some device to protect pupils from currents of cold
air. Every school room or recitation room shall be furnished
with a thermometer.
Section 738. Fireproof Construction.--All school buildings,
two or more stories high, hereafter erected or leased in any

school district of the first class in this Commonwealth shall

be of fireproof construction; and in any school district of the
second, third, or fourth class, every building more than two
stories high, hereafter built or leased for school purposes,
shall be of fireproof construction.
Section 739. Doors to Open Outward; Fire Escapes; etc.--All
doors of entrance into any building used for public school
purposes shall open outward.
In all school buildings erected after the first day of May,
one thousand nine hundred twenty-five, or buildings leased or
used for school purposes, all entrance and exit doors, as well
as all doors leading to or from all regular, special, or general
rooms, shall open outward.
Every school building shall be provided with necessary
fire-escapes and safety-appliances as required by law.
On and after January 1, 1973, each new school building and
every addition to an existing school building equipped with
windows and with no emergency fire rescue door to the outside,
shall be equipped with escape windows of such type and at such
locations as may be approved by the Department of Labor and
Industry.
(739 amended Mar. 23, 1972, P.L.118, No.43)
Section 740. Water-closets or Out-houses.--The board of
school directors in every district shall, with every building
used for school purposes, provide and maintain in a proper
manner, a suitable number of water-closets or out-houses, not
less than two for each building, where both sexes are in
attendance. Such water-closets or out-houses shall be suitably
constructed for, and used separately by, the sexes. When any
water-closets or out-houses are outside and detached from the
school building, the entrances thereto shall be properly
screened, and they shall, unless constructed at a remote
distance from each other, have separate means of access thereto,
and, if possible, for not less than twenty-five (25) feet from
such water-closets or out-houses, such means of access or walks
leading thereto shall be separated by a closed partition, wall,
or fence, not less than seven (7) feet high.
The board of school directors shall keep all water-closets
or out-houses, used in connection with any school building, in
a clean and sanitary condition, and shall, not less than ten
(10) days prior to the opening of any term of school, and
oftener if necessary, have them properly cleaned and disinfected
by the use of fresh-dry-slacked lime, or other proper
disinfecting materials.
Section 741. Substrata Evaluation.--Any school district or
authority planning to construct or reconstruct a school building
located in an area certified by the Department of Environmental
Resources to be subject to mine subsidence, shall, before
beginning design, obtain an evaluation of the substrata of the
land upon which it will be situate from the Department of
Environmental Resources.
(741 added Feb. 9, 1972, P.L.59, No.17)
Compiler's Note: The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of
1995. Its functions were transferred to the Department
of Conservation and Natural Resources and the Department
of Environmental Protection.
(d)

Contracts.

Section 751. Work to be Done Under Contract Let on Bids;

Exception.--(a) ((a) deleted by amendment June 30, 2012,
P.L.684, No.82)
(a.1) ((a.1) deleted by amendment June 30, 2012, P.L.684,
No.82)
(a.2) All construction, reconstruction, repairs, maintenance
or work of any nature, including the introduction of plumbing,
heating and ventilating, or lighting systems, upon any school
building or upon any school property, or upon any building or
portion of a building leased under the provisions of section
703.1, made by any school district where the entire cost, value
or amount of such construction, reconstruction, repairs,
maintenance or work, including labor and material, shall exceed
a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120, shall be
done under separate contracts to be entered into by such school
district with the lowest responsible bidder, upon proper terms,
after due public notice has been given asking for competitive
bids. Whenever a board of school directors shall approve the
use of a prefabricated unit, complete in itself, for a school
building or other proper structure to be erected upon school
property, the board of school directors may have prepared
appropriate specifications detailing the size and material
desired in a particular prefabricated unit, including all
utilities such as plumbing, heating and ventilating, and
electrical work, and may advertise for a single bid on all the
work and award the contract therefor to the lowest responsible
bidder: Provided, That, if due to an emergency a school plant
or any part thereof becomes unusable, competitive bids for
repairs or replacement may be solicited from at least three
responsible bidders, and, upon the approval of any of these
bids by the board of school directors, the school district may
proceed at once to make the necessary repairs or replacements
in accordance with the terms of said approved bid or bids; and
Provided further, That the school district shall notify the
Secretary of Education in a form and manner determined by the
Secretary of Education that an emergency has occurred and a bid
has been selected under the emergency process provided for in
this section. ((a.2) added June 30, 2012, P.L.684, No.82)
(a.3) Written or telephonic price quotations from at least
three qualified and responsible contractors shall be requested
by the board of school directors for all contracts that exceed
a base amount of ten thousand dollars ($10,000), subject to
adjustment under section 120, but are less than the amount
requiring advertisement and competitive bidding, or, in lieu
of price quotations, a memorandum shall be kept on file showing
that fewer than three qualified contractors exist in the market
area within which it is practicable to obtain quotations. A
written record of telephonic price quotations shall be made and
shall contain at least the date of the quotation, the name of
the contractor and the contractor's representative, the
construction, reconstruction, repair, maintenance or work which
was the subject of the quotation and the price. Written price
quotations, written records of telephonic price quotations and
memoranda shall be retained for a period of three years. ((a.3)
added June 30, 2012, P.L.684, No.82)
(b) ((b) deleted by amendment June 30, 2012, P.L.684, No.82)
(b.1) The board of school directors in any school district
may perform any construction, reconstruction, repairs, or work
of any nature where the entire cost or value, including labor
and material, is less than a base amount of ten thousand dollars
($10,000), subject to adjustment under section 120, by its own

maintenance personnel. The board of school directors in any

school district may authorize the secretary of the board or
other executive to award contracts for construction,
reconstruction, repairs, or work of any nature, where the entire
cost or value, including labor and material, subject to
adjustment under section 120, is a base amount of eighteen
thousand five hundred dollars ($18,500) or less, without
soliciting competitive bids, subject, however, to the provisions
of subsection (a.3). ((b.1) added June 30, 2012, P.L.684, No.82)
(c) Every contract for the construction, reconstruction,
alteration, repair, improvement or maintenance of public works
shall comply with the provisions of the act of March 3, 1978
(P.L.6, No.3), known as the "Steel Products Procurement Act."
(d) The board of school directors of any school district
may, in addition to the power granted in subsection (b), utilize
also its own maintenance or other personnel to perform
maintenance work irrespective of the entire cost or value of
such work.
(e) No person, consultant, firm or corporation contracting
with a school district for purposes of rendering personal or
professional services to the school district shall share with
any school district officer or employe, and no school district
officer or employe shall accept, any portion of the compensation
or fees paid by the school district for the contracted services
provided to the school district except under the following terms
or conditions:
(1) Full disclosure of all relevant information regarding
the sharing of the compensation or fees shall be made to the
board of school directors.
(2) The board of school directors must approve the sharing
of any fee or compensation for personal or professional services
prior to the performance of said services.
(3) No fee or compensation for personal or professional
services may be shared except for work actually performed.
(4) No shared fee or compensation for personal or
professional services may be paid at a rate in excess of that
commensurate for similar personal or professional services.
((e) added Oct. 10, 1980, P.L.924, No.159)
(f) ((f) deleted by amendment June 30, 2012, P.L.684, No.82)
(g) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials or contracting for services piecemeal for the purpose
of obtaining prices under a base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 120, upon transactions which should, in the exercise
of reasonable discretion and prudence, be conducted as one
transaction amounting to more than a base amount of eighteen
thousand five hundred dollars ($18,500), subject to adjustment
under section 120. This provision is intended to make unlawful
the practice of evading advertising requirements by making a
series of purchases or contracts each for less than the
advertising requirement price, or by making several simultaneous
purchases or contracts each below said price, when in either
case the transaction involved should have been made as one
transaction for one price. ((g) added June 30, 2012, P.L.684,
No.82)
(751 amended July 13, 1979, P.L.94, No.41)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.

Compiler's Note: Section 5 of Act 97 of 2011, which amended

subsecs. (a), (a.1), (b) and (f), provided that Act 97
shall apply to contracts and purchases advertised on or
after January 1 of the year following the effective date
of section 5.
Section 751.1. Architects and Engineers Employed Prohibited
From Bidding on Public Works; Penalty.--It shall be unlawful
for any architect or engineer, in the employ of any school
district, and engaged in the preparation of plans,
specifications or estimates, to bid or negotiate on any public
work at any letting of such work by the school district, except
that any such architect or engineer who shall have prepared
preliminary plans only shall not be prohibited from bidding or
negotiating on the final contract for such work.
It shall be unlawful for the officers of school districts
charged with the duty of letting any public work, to award a
contract to any such architect or engineer, in the employ of
the school district who is in any way interested in any contract
for public work for the school district or for any such
architect or engineer to receive any remuneration or gratuity
from any person interested in such contract except under the
terms and conditions as provided in section 751 (e).
Any person violating any of the provisions of this section
shall forfeit his office, and shall be guilty of a misdemeanor,
and on conviction thereof, shall be sentenced to pay a fine not
exceeding five hundred dollars ($500), or to undergo
imprisonment for not more than six months, or both.
(751.1 added Oct. 10, 1980, P.L.924, No.159)
Section 752. Contracts to Require Competent Workmen.--All
contracts, hereafter awarded and entered into by any school
district, shall contain a clause or stipulation requiring that
no person shall be employed to do work under such contract
except competent and first-class workmen and mechanics. No
workmen shall be regarded as competent and first-class, within
the meaning of this act, except those who are duly skilled in
their respective branches of labor, and who shall be paid not
less than such rates of wages and for such hours' work as shall
be the established and current rates of wages paid for such
hours by employers of organized labor in doing of similar work
in the district where work is being done.
Section 753. Stipulations for Minimum Wages.--(a) The
specifications upon which contracts are entered into by any
school district for the construction, alteration, or repairs
of any public work or improvement may, at the option of the
school district, contain the minimum wage or wages which may
be paid by the contractor or his sub-contractors for the work
performed by laborers and mechanics employed on such public
work or improvement, and such laborers and mechanics shall in
such cases be paid not less than such minimum wage or wages.
(b) Every contract for the construction, alteration, or
repair of any public work or improvement, founded on
specifications containing any such stipulation for minimum wage
or wages, shall stipulate a penalty of an amount equal to twice
the difference between the minimum wage contained in said
specifications and the wage actually paid to each laborer or
mechanic for each day during which he has been employed at a
wage less than that prescribed in said specifications.
(c) Every officer or person designated as an inspector of,
or having supervision over, the work to be performed under any
such contract, in order to aid in enforcing the fulfillment
thereof, shall, upon observation or investigation, report to
the board of school directors which let the contract, all

violations of minimum wage stipulations, together with the name

of each laborer or mechanic who has been paid a wage less than
that prescribed by the specification, and the day or days of
such violation.
(d) All such penalties shall be withheld and deducted, for
the use of the school district, from any moneys due the
contractor by the officer or person whose duty it shall be to
authorize the payment of moneys due such contractor, whether
the violation of the minimum wage stipulation of the
specifications was by the contractor or by any of his
sub-contractors: Provided, That if any such contractor or
sub-contractor subsequently pays to all laborers and mechanics
the balance of the amounts stipulated in such contract, the
school district shall pay to the contractor the amount so
withheld as penalties.
Section 754. Contracts to Provide for Resident Workmen;
Penalty.--(754 repealed May 15, 1998, P.L.358, No.57)
Section 755. Contracts to Prohibit Discrimination Against
Race, Creed or Color; Penalty.--(755 repealed May 15, 1998,
P.L.358, No.57)
Section 756. Additional Bond for Payment of Labor,
Materials, etc.--It shall be the duty of every school district
to require any person, co-partnership, association, or
corporation, entering into a contract with such district for
the construction, erection, installation, completion,
alteration, repair of or addition to any public work or
improvement of any kind whatsoever, where the amount of such
contract is in excess of five hundred dollars ($500), before
commencing work under such contract, to execute and deliver to
such school district, in addition to any other bond which may
now or hereafter be required by law to be given in connection
with such contract, an additional bond for the use of any and
every person, co-partnership, association, or corporation
interested, in a sum not less than fifty per centum (50%) and
not more than one hundred per centum (100%) of the contract
price, as such school district may prescribe, having as surety
thereon one or more surety companies legally authorized to do
business in this Commonwealth, conditioned for the prompt
payment of all material furnished and labor supplied or
performed and all machinery used in the prosecution of the work
whether or not the material or labor or use of machinery enter
into and become component parts of the work or improvement
contemplated. Such additional bond shall be deposited with and
held by the school district for the use of any party interested
therein. Every such additional bond shall provide that every
person, co-partnership, association, or corporation, who,
whether a sub-contractor or otherwise, has furnished material
or supplied or performed labor in the prosecution of the work
as above provided, and who has not been paid therefor may sue
in assumpsit on said additional bond in the name of the school
district for his, their, or its use, and prosecute the same to
final judgment for such sum or sums as may be justly due him,
them, or it, and have execution thereon. The school district
shall not be liable for the payment of any costs or expenses
of any suit.
Compiler's Note: Section 10(11) of Act 385 of 1967 provided
that section 756 is repealed insofar as it is
inconsistent with Act 385.
Section 757. Actions by Sub-Contractors, etc., on
Performance Bonds.--(a) In all cases where a surety bond shall
be given to any school district to secure performance by a

contractor of any public contract for the construction,

reconstruction, alteration, or repair of any building, or other
structure, or for the completion of any project, or performance
of any other work whatsoever, or the supplying of any materials,
and such bond shall include a condition for the payment of
material furnished and labor supplied or performed in connection
with such public work or improvement, or similar provisions,
irrespective of whether such bond or any provision therein shall
have been required by statute or any other authority, and where
no separate or additional bond conditioned for the payment of
material furnished and labor supplied or performed in connection
with such public contract has been taken, then, and in such
event, every person, co-partnership, association, or
corporation, who, whether as sub-contractor or otherwise, has
furnished material or supplied or performed labor in connection
with such public work or improvement and who has not been paid
therefor, shall have the right to intervene and be made a party
to any action instituted on such bond by the school district
named as obligee therein, and have his, their, or its rights
and claims adjudicated in such action and judgment rendered
thereon for any amount due him, them, or it, for such labor or
materials; subject, however, to the priority of the claim and
judgment of the school district obligee, if any.
(b) If the amount of the liability of the surety on said
bond is insufficient to pay the full amount of said claims and
demands, then, after paying the full amount due the school
district obligee, the remainder shall be distributed pro rata
among said interveners.
(c) If no suit is brought by the school district obligee
within six months from the completion of said contract and final
settlement therefor, then the person or persons who have
supplied the contractor with labor and materials shall, upon
application therefor, and furnishing affidavit to the school
district that labor and materials for the prosecution of such
work have been supplied by him, them, or it, and that payment
for the same has not been made, be furnished with a certified
copy of said contract and bond upon which he, they, or it shall
have a right of action, and shall be authorized to bring suit
in the name of the school district obligee for his, their, or
its use and benefit, against said contractor and his sureties,
and to prosecute the same to final judgment and execution. Where
suit is instituted by any of such creditors on the bond of the
contractor, it shall not be commenced until after the complete
performance of said contract and final settlement thereof with
the school district, and shall be commenced within one year
after the performance and final settlement of the contract, and
not later.
(d) Where suit is so instituted by a creditor or creditors,
no other action shall be brought by any other creditor, but any
other creditor may file his claim in the action first brought
and be made party thereto within one year from the completion
of the work under said contract, but not later. If two or more
actions are brought on the same day, the action in which the
largest claim is demanded shall be regarded as the first action.
Any creditor who has brought an action within one year but after
suit brought by another creditor or on the same day, may
intervene in the suit first brought within the year,
notwithstanding the fact that the intervention in such case is
after the expiration of the year, provided such intervention
is made within thirty days after the expiration of the year.
If the recovery on the bond is inadequate to pay the amounts

found due to all creditors, judgment shall be given to each

creditor pro rata, of the amount of the recovery.
(e) The surety on said bond may pay into court for
distribution among said claimants and creditors the full amount
of the surety's liability, to wit, the penalty named in the
bond, less any amount which said surety may have had to pay to
the school district obligee by reason of the execution of said
bond. Upon so doing, the surety shall be relieved from further
liability.
(f) In all suits instituted under the provisions of this
act, such personal notice of the pendency of such suits,
informing them of their right to intervene, as the court may
order, shall be given to all known creditors, and in addition
thereto, notice shall be given by publication in a newspaper
of general circulation published in the county or town where
the contract was performed, once a week for at least three
successive weeks. When such suit has been begun within three
weeks of the end of the year within which suit may be brought,
said notice by publication shall be only for the period
intervening between the time of instituting such suit and the
end of the year.
(g) Where the principal contractor shall, for any reason,
have failed to complete performance of his contract, and
completion of the project is undertaken by the school district
or the surety, either by themselves or by letting of new
contracts, the six-month period before which suit may be brought
and the one year period within which such action must be
commenced by sub-contractors, material-men and laborers, as
above provided, shall date from the completion and acceptance
of the project covered by the original contract and bond. For
the purposes of such suits, the date of such completion shall
be fixed by the officers of the school district. Written notice
of the date of such completion shall be given to all persons
who shall theretofore request such notice.
Compiler's Note: Section 10(11) of Act 385 of 1967 provided
that section 757 is repealed insofar as it is
inconsistent with Act 385.
Section 758. Appropriations to Nonprofit Corporations for
Constructing School Buildings.--Whenever any school building
or buildings have been rendered totally unfit for use by reason
of fire, acts of God, obsolescence, overcrowding, inadequacy,
or lack of facilities, or other unforeseen cause, the board of
school directors of any school district shall have power to
appropriate money out of the general fund of the school district
to any nonprofit corporation established for the purpose of
constructing school buildings for the use of the school
district. Before any such money is paid over the corporation
shall enter into a lease with the school district for the
buildings proposed to be erected, whereby the school district
shall have the right to renew such lease at stated periods at
a stipulated rental and at any time during the continuance of
the lease to purchase the buildings from the corporation at a
stipulated price. None of the powers granted by this act shall
be used by the board of school directors of any school district
without the specific and written approval of the Department of
Public Instruction.
Section 759. Appropriations to Nonprofit Corporations for
Athletic Stadia, etc.--The board of school directors of any
school district shall have power to enter into a contract of
lease and release with any nonprofit corporation established
for the purpose of erecting athletic stadia, including adequate

equipment for the athletic field connected therewith, as well

as fence enclosures and lighting systems therefor, for the use
of the school district, under which contract the school district
shall lease land owned by it to the nonprofit corporation for
the purpose of erecting thereon an athletic stadium, including
adequate equipment for the athletic field connected therewith,
as well as fence enclosures and lighting systems therefor, for
the use of the school district. The school district shall lease
the same from the nonprofit corporation at a stated rental,
payable only out of the proceeds of the gate receipts and
rentals for the use of such facilities, with the right in the
school district to renew such lease at stated periods at a
stipulated rental, and, at any time during the continuance of
the lease, to purchase the improvements from the nonprofit
corporation at a stipulated price. No such contract of lease
and release shall be entered into until the entire project has
been submitted to and approved by the Department of Public
Instruction in writing. Such approval shall include
specifically, (1) approval of purpose for which improvement is
intended, (2) total cost of improvement, (3) amount of rental,
(4) period of time for amortization, and (5) a stipulation that
no money of the school district, other than that received from
gate receipts and rentals for the use of the improvements, shall
be used in making any payment of rental or purchase price. Upon
completion of the improvements the school district shall take
over and operate the same and shall collect all gate receipts
and entrance fees, and all rentals for the use of the
improvements, and shall keep the same in a separate fund apart
from all other moneys of the school district. Such fund, until
title to the improvements has been obtained by the school
district, shall be used only for the maintenance and operation
of the stadium and other improvements, and for the payment of
rentals and purchase price of such improvements.
Section 760. Completion of Abandoned WPA Projects, Districts
Third and Fourth Class.--Whenever any school district of the
third or fourth class, pursuant to contract with the Works
Projects Administration or any other agency of the United States
Government, shall have expended money for the erection of a
school building to be erected by such agency, and after the
erection of such building has been begun, but before the
completion thereof the project is abandoned by the Works
Projects Administration or other agency of the United States
Government, the board of directors of such school district may,
with the approval of the Superintendent of Public Instruction,
enter into a contract for the immediate continuation of the
work of erecting such school building to an extent necessary
to protect the work already completed from loss or damage by
the elements. Such contract may be let on competitive bids
solicited from at least three responsible bidders and approved
by the Superintendent of Public Instruction.
(e)

General Provisions.

Section 771. Display of United States Flag; Development of

Patriotism.--(a) The board of school directors in each district
shall, when they are not otherwise provided, purchase a United
States flag, flagstaff, and the necessary appliances therefor,
and shall display said flag upon or near each public school
building in clement weather, during school hours, and at such
other times as the board may determine.
(b) All boards of school directors, all proprietors or
principals of private schools, and all authorities in control

of parochial schools or other educational institutions, shall

display the United States national flag, not less than three
feet in length, within all school buildings under their control
during each day such schools are in session. In all public
schools, the board of school directors shall make all rules and
necessary regulations for the care and keeping of such flags.
The expense thereof shall be paid by the school district.
(c) (1) All supervising officers and teachers in charge
of public, private or parochial schools shall cause the Flag
of the United States of America to be displayed in every
classroom during the hours of each school day and shall provide
for the recitation of the Pledge of Allegiance or the national
anthem at the beginning of each school day. Students may decline
to recite the Pledge of Allegiance and may refrain from saluting
the flag on the basis of religious conviction or personal
belief. The supervising officer of a school subject to the
requirements of this subsection shall provide written
notification to the parents or guardian of any student who
declines to recite the Pledge of Allegiance or who refrains
from saluting the flag.
(2) This subsection shall not apply to any private or
parochial school for which the display of the flag, the
recitation of the Pledge of Allegiance or the salute of the
flag violates the religious conviction on which the school is
based.
(d) The supervising officers and teachers in charge of
public, private or parochial schools may offer at least one
full period per week, for the purpose of affirming and
developing allegiance to and respect for the Flag of the United
States of America, and for the promoting of a clear
understanding of our American way of life, with all of the
unparalleled individual opportunities, and our republican form
of government, with its responsiveness to majority decisions
and demands. Such elements shall be included in this program
as instruction in the fundamental principles of our form of
government, an understanding of the provisions of the
Constitution of the Commonwealth of Pennsylvania and the
Constitution of the United States of America, the values to be
found in the freedom of speech, of religion and of the press,
the values to be found in obedience to the laws of the land and
the Commonwealth, the importance of exercising the right of
franchise, the obligation of every citizen to stand ready to
defend our country at all times from infiltration or aggression
by those whose acts and ideologies are contrary to our American
philosophy of life.
(771 amended Dec. 9, 2002, P.L.1334, No.157)
Section 772. Condition of Grounds; Shade Trees.--The board
of school directors in each school district shall put the
grounds about every school building in a neat, proper and
sanitary condition and so maintain the same and shall provide
and maintain a proper number of shade trees.
Section 772.1. Integrated Pest Management Programs.--(a)
Each school shall, by January 1, 2003, adopt an integrated pest
management plan in accordance with the integrated pest
management policies established by the department on the
effective date of this section until regulations are promulgated
by the department.
(b) The department shall do all of the following:
(1) Maintain a Hypersensitivity Registry to assist in the
notification of students and employes who are especially
sensitive to pesticides.

(2) Designate an integrated pest management coordinator

within the department to assist schools in the adoption and
administration of integrated pest management plans.
(3) Prepare a standard structural integrated pest management
agreement and distribute the standard agreement to schools.
(4) Provide other materials and assistance to schools to
aid them in developing integrated pest management plans.
(5) Promulgate regulations, consistent with its policies
in effect on the date of this section, to assist schools in
implementing their responsibilities under this section.
(c) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Department." The Department of Agriculture of the
Commonwealth.
"Integrated pest management plan." A plan which establishes
a sustainable approach to managing pests by combining
biological, cultural, physical and chemical tools in a way which
minimizes economic, health and environmental risks.
"Pest." An insect, rodent, nematode, fungus, weed or other
form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism, except viruses, bacteria or
other microorganisms on or in living man or other living
animals, declared to be a pest under section 25(c)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
163, 7 U.S.C. 136w).
"Pesticide." A substance or mixture of substances intended
for preventing, destroying, repelling or mitigating a pest and
a substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
"School." A school district, an intermediate unit, an area
vocational-technical school or any of these entities acting
jointly.
(772.1 added Apr. 18, 2002, P.L.262, No.35)
Section 772.2. Notification of Pesticide Treatments at
Schools.--(a) The following apply to pesticide applicators:
(1) For a pesticide treatment at a school building, the
certified applicator or pesticide application technician shall
supply the pest control information sheet and a pest control
sign, which must be at least eight and one-half by eleven (8
1/2 by 11) inches in size, to the chief administrator or
building manager.
(2) For a pesticide treatment on school grounds, including
athletic fields and playgrounds, the certified applicator or
pesticide application technician shall supply the pest control
information sheet and a pest control sign, which must be at
least eight and one-half by eleven (8 1/2 by 11) inches in size,
to the chief administrator or grounds manager.
(b) Responsibilities of schools are as follows:
(1) Except as provided in clause (3), notification of
pesticide treatments shall be as follows:
(i) For a pesticide treatment at a school building, the
school shall be responsible for all of the following:
(A) Posting the pest control sign received under subsection
(a)(1) in an area of common access where individuals are likely
to view the sign on a regular basis at least seventy-two (72)
hours before and for at least two (2) days following each
planned treatment.
(B) Providing the pest control information sheet received
under subsection (a)(1) to every individual working in the
school building at least seventy-two (72) hours before each
planned treatment.

(C) Providing notice, including the name, address and

telephone number of the applicator providing the treatment, day
of treatment and pesticide to be utilized, to the parents or
guardians of students enrolled in the school at least
seventy-two (72) hours before each planned treatment as follows:
(I) notice to all parents or guardians utilizing normal
school communications procedures; or
(II) notice to a list of interested parents or guardians
who at the beginning of each school year or upon the child's
enrollment requested notification of individual application of
pesticides. The school shall provide procedures or materials
for such requests to parents and guardians of students.
Notification of each pesticide application shall be provided
using first class mail or other means deemed appropriate by the
school to each parent or guardian requesting notification.
(ii) For a pesticide treatment on school grounds, the school
shall be responsible for all of the following:
(A) Posting the pest control sign received under subsection
(a)(2) at the place to be treated at least seventy-two (72)
hours before and for two (2) days after the planned treatment.
(B) Providing the pest control information sheet received
under subsection (a)(2) to every individual working in the
school building at least seventy-two (72) hours before each
planned treatment.
(C) Providing notice, including the name, address and
telephone number of the applicator providing the treatment, day
of treatment and pesticide to be utilized, to the parents or
guardians of students enrolled in the school at least
seventy-two (72) hours before each planned treatment as follows:
(I) notice to all parents or guardians utilizing normal
school communications procedures; or
(II) notice to a list of interested parents or guardians
who at the beginning of each school year or upon the child's
enrollment requested notification of individual application of
pesticides. The school shall provide procedures or materials
for such requests to parents and guardians of students.
Notification of each pesticide application shall be provided
using first class mail or other means deemed appropriate by the
school to each parent or guardian requesting notification.
(iii) Notwithstanding any other provision of this section,
where pests pose an immediate threat to the health and safety
of students or employes, the school may authorize an emergency
pesticide application. In the case of an emergency pesticide
application, the school shall notify by telephone any parent
or guardian who has requested such notification. School
officials shall annually advise parents or guardians of their
right to request notification of emergency pesticide use and
shall explain procedures for requesting such notification.
(2) Except as provided in clause (3), each school shall
maintain detailed records of all chemical pest control
treatments for a period of at least three (3) years.
(3) The notice and recordkeeping requirements in clauses
(1) and (2) and subsection (c) do not apply to the application
of:
(i) disinfectant and antimicrobial products;
(ii) self-containerized baits placed in areas not accessible
to students and gel-type baits placed in cracks, crevices or
voids; or
(iii) swimming pool maintenance chemicals in the care and
maintenance of a swimming pool.
(c) The following prohibitions shall apply:
(1) Except as provided in clause (2):

(i) pesticides may not be applied within a school building

where students are expected to be present for normal academic
instruction or organized extracurricular activities within seven
(7) hours following the application or on school grounds where
students will be in the immediate vicinity for normal academic
instruction or organized extracurricular activities within seven
(7) hours following the application; or
(ii) the applicator shall comply with reentry time
restrictions contained on the pesticide label;
whichever time period is longer.
(2) Students may not be present in an untreated portion of
the school building unless the area being treated has a separate
ventilation system and is separated from the untreated portion
by smoke or fire doors or is a separate building.
(d) The department shall promulgate such rules and
regulations as necessary to administer this section.
(e) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Applicator." A certified applicator, commercial applicator
or public applicator.
"Certified applicator." An individual who is certified under
section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,
No.24), known as the "Pennsylvania Pesticide Control Act of
1973," as competent to use or supervise the use or application
of any pesticide.
"Commercial applicator." A certified applicator, whether
or not he is a private applicator with respect to some uses,
who uses or supervises the use of any pesticide on the property
or premises of another or on easements granted under State law,
or any applicator who uses or supervises the use of any
restricted-use pesticide on property owned or rented by him or
his employer, when not for purposes of producing an agricultural
product. The secretary may by regulation deem certain types of
applicators using any pesticide on their own property or that
of their employer as commercial applicators.
"Department." The Department of Agriculture of the
Commonwealth.
"Insect." Any of the numerous small invertebrate animals
generally having a more or less obviously segmented body, for
the most part belonging to the class Insecta, comprising
six-legged, usually winged forms, as, for example, beetles,
bugs, bees and flies, and to other allied classes of arthropods
whose members are wingless and usually have more than six (6)
legs, as, for example, spiders, mites, ticks, centipedes and
wood lice.
"Nematode." An invertebrate animal of the phylum
Nemathelminthes and class Nematoda, that is, unsegmented round
worms with elongated, fusiform or saclike bodies covered with
cuticle and inhabiting soil, water, plants or plant parts. The
term includes nemas and eelworms.
"Person." An individual, partnership, association,
corporation or any organized group of persons, whether
incorporated or not.
"Pest." An insect, rodent, nematode, fungus, weed or other
form of terrestrial or aquatic plant or animal life or virus,
bacteria or other microorganism, except viruses, bacteria or
other microorganisms on or in living man or other living
animals, declared to be a pest under section 25(c)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
163, 7 U.S.C. 136w).

"Pest control information sheet." A document which contains

the date of treatment, the name, address and telephone number
of the applicator, the pesticide utilized and any other
information that is required by the Secretary of Agriculture.
"Pesticide." A substance or mixture of substances intended
for preventing, destroying, repelling or mitigating a pest and
a substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
"Pesticide application technician." An individual employed
by a commercial applicator or governmental agency who, having
met the competency requirements as set forth in the act of March
1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
Control Act of 1973," is registered by the Secretary of
Agriculture to apply pesticides under the direct supervision
of a certified applicator.
"Public applicator." A certified applicator who applies
pesticides as an employe of the Commonwealth or its
instrumentalities or a local agency.
"School." A school district, an intermediate unit or an
area vocational-technical school or any of these entities acting
jointly.
(772.2 added Apr. 18, 2002, P.L.264, No.36)
Section 773. Contracts for Light, Heat or Water; Acquiring
Water Supply; Condemnation; Tapping District Water Lines.--(a)
The board of school directors in any school district may, in
the manner herein provided, enter into any contract with any
person, firm, association, or corporation, for the furnishing
of light, heat, or water to such school district, for any term
not exceeding five years. The amount to become due and payable
thereon, under such contract, may be distributed equally during
the years over which the same extends, and only so much thereof
as becomes due and payable in any one year need be provided for
in the annual estimate of school expenses for any school year,
and be certified to by any school controller.
(b) In any case where any school building to be supplied
with water is not sufficiently near to the pipe lines of any
water company to enable the school district to avail itself of
such supply and another source of supply is available nearer
to such school building, the board of school directors may
acquire such supply, or any part thereof deemed necessary, and
may lay and construct a pipe line to convey water from such
source of supply to such school building, and, for such purpose,
may enter upon, occupy and use any highway or public or private
property which it deems necessary. In the event that
compensation therefor cannot be agreed upon with any owner of
private property so acquired, occupied and used, the amount
thereof shall be determined in the manner provided in sections
seven hundred twenty-one to seven hundred twenty-eight, both
inclusive, of this article.
(c) In any case where a school district has constructed a
water pipe line for the supply of water to any school building
and such supply is more than adequate for such purpose, the
board of school directors may, subject to such terms as may be
agreed on, permit the tapping of such pipe line by any adjacent
community having no other available public water supply.
(773 amended May 11, 1949, P.L.1115, No.329)
Section 774. Insurance on Buildings; Public Liability
Insurance for Employes; Purchase of Insurance From Employes,
etc.--(a) The board of school directors in every school
district shall have full power and authority to make and enter
into any contract or contracts it may deem proper with any
person, firm or corporation, including any mutual fire insurance

company authorized to transact business in this Commonwealth,

for the purpose of insuring against loss or damage by fire, or
otherwise, any or all of the school buildings or other property
owned or leased by the school district.
(b) The board of school directors in every school district
shall have full power and authority to make and enter into any
contract or contracts it may deem proper with any person, firm
or corporation, including any mutual insurance company
authorized to transact business in this Commonwealth, for the
purpose of insuring every employe and school director of the
school district against liability for damages sustained by
pupils or others as a result of the employes' or directors'
negligence in the performance of his or her duties during the
course of his or her employment or the performance of his or
her duties. ((b) amended Dec. 6, 1972, P.L.1409, No.303)
(c) No contract or contracts of insurance authorized by
this section shall be purchased from or through any person
employed by the school district in a teaching or administrative
capacity.
(774 amended June 8, 1961, P.L.280, No.164)
Compiler's Note: Section 802(b) of Act 330 of 1978 provided
that Act 774 is repealed insofar as it is inconsistent
with Act 330.
Section 775. Use of School Buildings for Other Purposes;
Arrangements with City, Borough or Township.--The board of
school directors of any district may permit the use of its
school grounds and buildings for social, recreation, and other
proper purposes, under such rules and regulations as the board
may adopt. The board shall make such arrangements with any city,
borough, or township authorities for the improvement, care,
protection, and maintenance of school buildings and grounds for
school, park, play, or other recreation purposes, as it may see
proper. Any board of school directors may make such arrangements
as it may see proper with any officials or individuals for the
temporary use of school property for schools, playgrounds,
social, recreation, or other proper educational purposes,
primaries and elections, and may permit the use of any school
building for holding official meetings of the governing
authorities of corporate or politic, governmental or
quasi-governmental bodies, created by authority of any act of
Assembly. The use thereof shall not interfere with school
programs and shall be subject to reasonable rules and
regulations adopted by the board of school directors.
Funds raised by individuals, groups, associations, or
corporations, through the permissive use of school grounds or
buildings, now or hereafter authorized by law, shall be the
property of the individuals, groups, associations, or
corporations, and not the property of the school district,
subject, however, to such arrangements as the board may, at its
discretion, lawfully make.
The board of school directors of any school district shall
have power and authority to lease any part of their respective
school building, equipment and premises, or any vacant building,
for any educational purpose. Such leases shall be subject to
the terms and regulations which may be adopted by the board of
school directors, and except in districts of the first class,
shall be further subject to the approval of the Department of
Public Instruction. (Par. amended Oct. 21, 1965, P.L.601,
No.312)
The board of public education or the board of school
directors of any school district shall have power and authority

to lease any of their respective school buildings or athletic

fields to any reputable organization or group of persons for
charitable purposes, subject to such charges as the board shall
consider proper to reimburse it for any costs resulting from
the leasing of such school buildings or athletic fields. At the
time of such leasing, any such board may require a bond, in an
amount that it may deem proper, with responsible sureties or
securities, and a statement of the charitable purposes for which
such lease is requested.
(775 amended Oct. 7, 1955, P.L.676, No.187)
Section 776. School Property Exempt from Taxation and
Municipal Assessments; Exception.--All school property owned
by any school district, real and personal, that is occupied and
used by any school district for public school, recreation, or
any other purposes provided for by this act, shall be, and
hereby is, made exempt from every kind of State, county, city,
borough, township, or other tax, as well as from all costs or
expenses for paving, curbing, sidewalks, sewers, or other
municipal improvements: Provided, That any school district may
make any municipal improvement, in any street on which its
school property abuts, or may contribute any sum toward the
cost thereof.
Compiler's Note: Section 2 of Act 312 of 1986 provided that
section 776 is repealed insofar as it is inconsistent
with Act 321.
Compiler's Note: Section 2 of Act 86 of 1968 provided that
section 776 is repealed insofar as it is inconsistent
with Act 86.
Section 776.1. Child Day-Care Centers in School
Buildings.--For purposes of the issuance or renewal of any
license, or for inspections, under section 1007 of the act of
June 13, 1967 (P.L.31, No.21), known as the "Public Welfare
Code," child day-care centers operated for school-age children
in public and private school buildings, buildings utilized by
intermediate units or area vocational-technical school buildings
which meet the physical site requirements provided for by the
department shall be deemed to comply with any Department of
Public Welfare child day-care service requirements or regulation
concerning physical site requirements.
(776.1 added Dec. 19, 1990, P.L.1362, No.211)
Section 777. Defacing, Injuring or Destroying Property Used
for School Purposes; Penalty.--(a) If any person shall
willfully or maliciously break into, enter, deface, or write,
mark, or place any obscene or improper matter upon, any public
school building, or other building used for school purposes,
or other purposes provided for in this act, or any out-house
used in connection therewith; or shall deface, injure, damage,
or destroy any school furniture, books, paper, maps, charts,
apparatus, or other property contained in any public school
building, or other building used and occupied for school
purposes, or other purposes provided for in this act; or shall
injure, damage, or destroy any shade-trees, shrubbery, fences,
or any other property of any kind, upon any public school
grounds, or upon any public school playground, such person shall
be guilty of a misdemeanor, and upon conviction thereof shall
be sentenced to pay a fine of not less than fifty dollars ($50)
and not more than one thousand dollars ($1,000), or undergo an
imprisonment in the county jail for a period not exceeding six
months, either or both, at the discretion of the court. In
addition to any other penalty prescribed by this subsection,
the court, upon conviction of a defendant for a violation of

this subsection, may order the defendant to compensate the

school district for any damages it sustained as a result of the
defendant's unlawful conduct.
(b) The board of school directors of a school district is
authorized to adopt regulations and procedures providing for
rewards of up to one thousand dollars ($1,000) to any person
who provides information which aids in the conviction of any
person for violating the provisions of subsection (a) and
rewards of up to five thousand dollars ($5,000) to any person
who provides information which aids in the conviction of any
person for violating any provision of Title 18 (Crimes and
Offenses) of the Pennsylvania Consolidated Statutes, if the
violation occurs on school property or property utilized for
school purposes.
(777 amended June 30, 1980, P.L.279, No.80)
Section 778. School Police Officers.--(a) Any school entity
or nonpublic school may apply to any judge of the court of
common pleas of the county within which the school entity or
nonpublic school is situated to appoint such person or persons
as the board of directors of the school entity or administration
of the nonpublic school may designate to act as school police
officer for said school entity or nonpublic school. The judge,
upon such application, may appoint such person, or so many of
them as he may deem proper, to be such school police officer
and shall note the fact of such appointment to be entered upon
the records of the court. The judge may, at the request of the
school entity or nonpublic school, grant the school police
officer the power to arrest as provided in subsection (c)(2),
the authority to issue citations for summary offenses or the
authority to detain students until the arrival of local law
enforcement, or any combination thereof.
(a.1) Any school entity or nonpublic school which employs
a school police officer under this section shall report annually
to the Department of Education, Office of Safe Schools, the
following information regarding school police officers receiving
training as required under 53 Pa.C.S. Ch. 21 Subch. D (relating
to municipal police education and training):
(1) The identity of the school entity or nonpublic school
and the number of school police officers it employs.
(2) The municipalities comprising the school entity or in
which the nonpublic school is located.
(3) The date and type of training provided to each school
police officer.
(b) Every school police officer so appointed shall, before
entering upon the duties of his office, take and subscribe to
the oath required by the seventh article of the Constitution,
before an alderman or justice of the peace or prothonotary.
Such oath shall be filed by the justice of the peace, alderman,
or prothonotary among his papers, and a note made upon his
docket of the fact of the oath having been taken.
(b.1) Every school police officer who has been granted
powers under subsection (c)(2) or (3) or has been authorized
to carry a firearm must, before entering upon the duties of his
office, successfully complete training as set forth in 53
Pa.C.S. Ch. 21 Subch. D or have graduated from the Pennsylvania
State Police Academy and have been employed as a State trooper
with the Pennsylvania State Police.
(c) Such school police officer so appointed shall severally
possess and exercise all the following powers and duties:
(1) To enforce good order in school buildings, on school
buses and on school grounds in their respective school entities
or nonpublic schools. For purposes of this clause, the term

"school bus" shall include vehicles leased by the school entity

or nonpublic school to transport students and vehicles of mass
transit used by students to go to and from school when the
school police officer is responding to a report of an incident
involving a breach of good order or violation of law.
(2) If authorized by the court, to exercise the same powers
as are now or may hereafter be exercised under authority of law
or ordinance by the police of the municipality wherein the
school property is located.
(3) If authorized by the court, to issue summary citations
or to detain individuals until local law enforcement is
notified.
(d) Such school police officer shall, when on duty,
severally wear a metallic shield or badge with the words "School
Police," and the name of the school entity or nonpublic school
for which appointed. Such shield shall always be worn in plain
view when on duty except when employed as detective.
(e) The compensation of such school police officers shall
be paid by the school entity or nonpublic school for which the
school police officers are respectively appointed, as may be
agreed upon between the board of school directors or
administration of the nonpublic school and the school police
officer.
(f) School entities or nonpublic schools and municipalities
may enter into cooperative police service agreements pursuant
to 42 Pa.C.S. 8953(e) (relating to Statewide municipal police
jurisdiction) and 53 Pa.C.S. 2303 (relating to
intergovernmental cooperation authorized) to authorize the
exercise of concurrent jurisdiction with local law enforcement
within the municipality where the school or school entity or
nonpublic school is located or within the municipality in which
a school event or activity will take place.
(f.1) (1) If a school is located within a municipality
where no municipal police department exists, the school entity
or nonpublic school may enter into a cooperative police service
agreement pursuant to 42 Pa.C.S. 8953(e) and 53 Pa.C.S.
2303 with a municipality providing full-time police coverage
that is located adjacent to the school. At least thirty (30)
days prior to executing a cooperative police service agreement
under this subsection, the school entity or nonpublic school
shall provide written notice of its intent to enter into the
agreement to the municipality where the school is located. A
copy of the executed agreement shall be provided to the
commanding officer of the Pennsylvania State Police installation
that provides primary police services to the municipality where
the school is located.
(2) A cooperative police service agreement entered into
under this subsection shall only pertain to actions taken on
school property pursuant to the agreement and shall not affect
the jurisdiction of the Pennsylvania State Police.
(g) When acting within the scope of this section, school
police officers shall, at all times, be employes of the school
entity or nonpublic school and shall be entitled to all of the
rights and benefits accruing therefrom.
(h) Nothing in this section shall be construed to preclude
a school entity or nonpublic school from employing other
security personnel as the school entity or nonpublic school
deems necessary.
(i) As used in this section, "school entity" shall have the
same meaning given to it under section 222(c).
(778 amended July 9, 2014, P.L.1039, No.122)

Compiler's Note: Section 33(1) of Act 70 of 2004, which

added subsections (a.1) and (b.1), provided that the
addition of subsections (a.1) and (b.1) shall take effect
in one year.
Section 779. Vehicle Rules and Regulations and Penalties
for Violations.--(a) The board of school directors of any
school district may make rules and regulations not inconsistent
with the provisions of the Vehicle Code or any local ordinance
for the admission, control and movement of vehicles and the
parking thereof on school property.
(b) Any person violating any rule or regulation promulgated
under the authority of this section shall, upon summary
conviction thereof, be sentenced to pay a fine of not less than
two dollars ($2) nor more than ten dollars ($10) and costs of
prosecution, and in default of payment thereof, shall undergo
imprisonment for not more than ten (10) days.
(779 added June 9, 1972, P.L.384, No.110)
Section 780. Public Hearing Prior to Closing School.--In
the event of a permanent closing of a public school or
substantially all of a school's facilities, the board of school
directors shall hold a public hearing on the question not less
than three (3) months prior to the decision of the board
relating to the closing of the school. Notice of the hearing
shall be given in a newspaper of general circulation in the
school district at least fifteen (15) days prior to the date
of such hearings.
(780 added Apr. 4, 1984, P.L.190, No.38)
(f) State Public School Building Authority.
((f) added May 9, 1949, P.L.1017, No.296)
Section 781. Grants to State Public School Building
Authority.--Any school district shall have power and authority,
with the approval of the Department of Public Instruction, to
grant, assign and convey to the State Public School Building
Authority, with or without consideration, any lands, easements
or rights in lands, together with any improvements, buildings
or structures therein or thereon, now owned by such school
district or hereafter acquired by it, needed or convenient to
carry out the purposes of these amendments, as well as
furnishings and equipment for school buildings.
(781 added May 9, 1949, P.L.1017, No.296)
Section 782. Acquisition of Lands; Bond Issues.--Any school
district shall have power and authority, with the approval of
the Department of Public Instruction and in the manner
hereinbefore provided, to acquire title in the name of the
school district to any additional lands or interests in lands
which may be required to carry out the purposes of these
amendments and to finance such acquisition by the issuance and
sale of its general obligation bonds, in the manner provided
by law.
(782 added May 9, 1949, P.L.1017, No.296)
Section 783. Appropriations; Use of Proceeds of Bond
Issues.--Any school district shall have power and authority,
with approval of the Department of Education, to appropriate
to the State Public School Building Authority any funds
available for building purposes or for purposes set forth in
sections 784.1 and 784.2 of this act. Any such funds which
represent the proceeds of any general obligation bonds issued
by the school district shall be used by the State Public School
Building Authority for or toward the purpose or purposes for
which such bonds were issued, and in the event that any such

bonds were issued pursuant to a vote of the electors, any

appropriation of such proceeds, as above set forth, shall not
be deemed such a change of purpose from that for which such
bonds were authorized as shall require the question to be again
submitted to a vote of the electors under any existing law.
(783 amended Mar. 28, 1994, P.L.117, No.12)
Section 784. Contracts to Lease and Leases; Operation and
Maintenance.--Any school district shall have power and
authority, with the approval of the Department of Public
Instruction, to enter into contracts with the State Public
School Building Authority to lease as lessee from the Authority
any school building or any improvement thereto, and the
furnishings and equipment thereof, constructed by the Authority,
for a term not exceeding forty (40) years, at such rental or
rentals as may be determined by the Authority, and upon the
execution of a contract or contracts for the construction of,
or during the period of construction of, or upon the completion
of such school buildings or improvements and the furnishings
and equipment thereof, the school district shall have power and
authority to lease the same as lessee, for a term not exceeding
forty (40) years, at such rental or rentals as may be determined
by the Authority. There shall be included in the annual budget
of all school districts an appropriation to meet the amount of
such rental or rentals.
Any school district shall have the power and authority to
pay for operation and maintenance of any school building or any
improvement thereto, and furnishings and equipment thereof,
leased as lessee by it from the Authority under the provisions
of the first paragraph of this section.
(784 amended June 28, 1951, P.L.920, No.172)
Section 784.1. Financing for School Building
Property.--(a) Any school district shall have the power and
authority, with the approval of the Department of Education,
to enter into loan agreements or other financing contracts with
the State Public School Building Authority for the financing
of the construction, operation, maintenance and improvements
of school buildings and the furnishing and equipment of school
buildings for a term not exceeding forty (40) years, at such
debt service payments as may be determined by the Authority.
There shall be included in the annual budget of the school
districts an appropriation to meet the amount of such loan
payment.
(b) Any school district shall have the power and authority
to pay for operation and maintenance of any school building,
or any improvement or furnishings or equipment of a school
building, purchased by the school district through financing
provided by the Authority under the provisions of the first
paragraph of this section.
(784.1 added Mar. 28, 1994, P.L.117, No.12)
Section 784.2. Contracts for Lease or Purchase of
Educational Telecommunications and Distance Learning Equipment
and Facilities and for Installation, Operation and
Maintenance.--(a) The General Assembly finds and declares as
follows:
(1) Due to a small population base, rural schools and
businesses are often unable to provide the specialized courses
or training needed for tomorrow's economy.
(2) Telecommunications offer a largely untapped potential
to cross-geographic boundaries to connect specialized teachers
and instructors to remote or distant rural settings.
(3) Current telecommunications development efforts, which
are the key to the economies of the future, have not been

coordinated. This has resulted in duplication of efforts in

some areas of this Commonwealth and the exclusion of many rural
areas in telecommunications development.
(b) Any school district shall have the power and authority,
with the approval of the Department of Education, to enter into
contracts or other agreements with the State Public School
Building Authority for the financing of a lease or purchase of
and the installation, operation and maintenance of any equipment
or technology for the purpose of establishing or enhancing
educational telecommunications or distance learning applications
for a term not exceeding the estimated useful life of the
equipment as certified by a professional from the
telecommunications/distance learning field, at such rentals or
for such purchase price as may be determined by the Authority.
There shall be included in the annual budget of the school
district an appropriation to meet the amount of such rentals
or purchase price.
(c) Any school district shall have the power to sublease
or lease equipment and related facilities leased or purchased
under this section to governmental or nonprofit organizations
subject to reasonable rules and regulations adopted by the board
of school directors and further subject to charges as the school
board shall consider proper. All proceeds derived from the
sublease or lease of the equipment or facility are to be used
to defray Authority rental or loan payments or for the purchase
of additional telecommunications or distance learning equipment.
At the time of the sublease or lease, the school board should
request a statement of the governmental or nonprofit purposes
for which the sublease or lease is requested and obtain from
the sublessee or lessee proper insurance against damage or
liability.
(d) Any school district shall have the power and authority
to pay for operation and maintenance of any equipment or
technology for the purpose of establishing or enhancing
educational telecommunications or distance learning applications
leased as lessee by it from the authority under the provisions
of the first paragraph of this section.
(784.2 added Mar. 28, 1994, P.L.117, No.12)
Section 784.3. Center.--(a) The center shall provide
Statewide coordination and training necessary for teachers,
school administrators and businesspeople to participate
effectively in distance learning. This subsection includes
distance learning concepts, transport systems, scheduling needs
and opportunities and pilot programs.
(b) The center may continue to provide grants to training
centers, postsecondary institutions, intermediate units or other
appropriate organizations in order to provide local technical
support and training coordination for the program on a regional
basis.
(c) The center shall provide coordination, training and
advice to the Department of Education and the State Public
School Building Authority concerning distance learning
opportunities.
(d) For the purposes of this section, "center" means the
Center for Rural Pennsylvania.
(784.3 added Mar. 28, 1994, P.L.117, No.12)
Section 785. Failure to Pay Rent or Make Payments;
Withholding Appropriation.--(a) In all cases where the board
of directors of any school district fails to pay or to provide
for the payment of any rental, payment or rentals or payments
due the State Public School Building Authority for any period
in accordance with the terms of any lease, loan agreement or

other lending instrument or contract, entered into under the

terms of subdivision (f) of this article, upon written notice
thereof from the Authority, the Secretary of Education shall
notify such board of school directors of its obligation and
shall withhold out of any State appropriation due such school
district an amount equal to the amount of the rental, payment
or rentals or payments owing by such school district to the
State Public School Building Authority and shall pay over the
amount so withheld to the Authority in payment of the rental
or payment.
(b) In order to provide additional security for the prompt
payment in full of any rentals or loan contract payments by
school districts to the State Public School Building Authority,
the school district for whom the State Public School Building
Authority has issued its bonds, notes or other obligations is
authorized to enter into an agreement with the State Treasurer
which provides for the withholding of any State appropriation
due such school district and the payment directly to the State
Public School Building Authority in full satisfaction of such
rentals or loan contract payments due from the school district
during the fiscal year.
(785 amended Dec. 21, 1998, P.L.1194, No.154)
Section 786. Joint Action of Districts.--With the approval
of the Department of Public Instruction any two or more school
districts may (1) jointly enter into contracts and leases with
the State Public School Building Authority for the construction
or improvement of a school building and the furnishings and
equipment thereof for the joint use of school districts, and
may (2) either jointly or individually convey or lease, as
hereinbefore provided, to the Authority, any lands and
improvements now owned or hereafter acquired by any one or more
of such school districts, and may (3) jointly acquire title to
additional lands or interests in land, as hereinbefore provided.
(Par. amended Jan. 14, 1970, 1969 P.L.468, No.192)
The sharing of the cost of such land and improvements and
of the rental or rentals payable to the Authority and the
maintenance, government and control of the school shall be
agreed upon by the boards of directors of such districts so
joining, in such manner and in such proportions as they may
agree upon. All schools established under the provisions of
this section shall be maintained, governed and controlled as
other public schools under the laws of this Commonwealth.
(786 added May 9, 1949, P.L.1017, No.296)
(g) Municipality Authorities.
((g) added Jan. 21, 1952, 1951 P.L.2195, No.627)
Section 790. Grants, Conveyances, Appropriations to,
Contracts with, and Leases from, Municipality
Authorities.--Whenever the board of any municipality authority
shall have undertaken a school project or projects for use by
a school district individually or for use by two or more school
districts jointly, such school district or school districts
shall have the power, upon written approval of the Department
of Public Instruction:
(1) To sell, lease, lend, grant or convey to such
municipality authority, individually or jointly, with or without
consideration, any lands, easements or rights in lands which
may be deemed necessary for the project, together with any
buildings, structures or improvements thereon erected, as well
as furnishings and equipment used or useful in connection
therewith.

(2) To purchase or otherwise acquire additional lands or

interests in lands which may be deemed necessary for the
project, and to finance such acquisition by the issuance and
sale of general obligation bonds according to law.
(3) To transfer, assign and set over to such municipality
authority any contract which may have been awarded for such
project or projects.
(4) To make appropriations to such municipality authority
out of its or their general funds or out of any other available
funds, including proceeds of insurance on school property, the
proceeds of bonds of the school district or districts issued
for building purposes and not so used, and moneys set aside or
otherwise available for building purposes. Any such funds which
represent the proceeds of any general obligation bonds
heretofore or hereafter issued by the school district shall be
used by such municipality authority for or towards the purpose
or purposes for which such bonds were issued and, in the event
that any such bonds were issued pursuant to a vote of the
electors, any appropriation of such proceeds, as above set
forth, shall not be deemed such a change of purpose from that
for which such bonds were authorized as shall require the
question to be again submitted to a vote of the electors under
any existing law.
(5) To lease, individually or jointly, from such
municipality authority such school project or projects for a
term not exceeding forty (40) years, at such rental or rentals,
payable out of current revenues, and upon such terms and
conditions as may be authorized by the board of such
municipality authority and the board or boards of school
directors of such school district or school districts, and, in
case of joint leases, to agree upon the manner of sharing, as
between the school districts, the rental or rentals and any
other sums payable to the municipality authority and the costs
and expenses of insuring, operating, maintaining and repairing
the school property leased.
(6) To make all other contracts or agreements with such
municipality authority or with other school districts as may
be deemed necessary or convenient in connection with the
project.
(7) In all cases where the board of directors of any school
district fails to pay or to provide for the payment of any
rental or rentals due any municipality authority or nonprofit
corporation for any period in accordance with the terms of any
lease entered into under the provisions of this section, the
State Superintendent of Public Instruction shall notify such
board of school directors of its obligation, and shall withhold
out of any State appropriation due such school district an
amount equal to the amount of rental or rentals owing by such
school to the municipality authority or nonprofit corporation,
and shall pay over the amount so withheld to the municipality
authority or nonprofit corporation in payment of the rental.
((7) added Feb. 14, 1956, 1955 P.L.1043, No.333)
(790 added Jan. 21, 1952, 1951 P.L.2195, No.627 and repealed
in part Mar. 22, 1956, 1955 P.L.1315, No.417)
(h) Other Means of Financing.
((h) added July 11, 1957, P.L.775, No.373)
Section 791. Grants, Conveyances, Appropriations to,
Contracts with, and Leases from, Profit or Nonprofit
Corporations, Partnerships, Associations, or Persons.--(a) The
board of school directors of any school district or the boards

of school directors of any two or more school districts jointly

may, if project conforms to plans for the orderly development
of administrative units and attendance areas upon the written
approval of the Department of Public Instruction. (Par. amended
Jan. 14, 1970, 1969 P.L.468, No.192)
(1) Enter into a lease or leases with a profit or nonprofit
corporation, partnership, association or persons, for the rental
of necessary grounds and buildings for school purposes or
buildings to be erected for school purposes whereby the school
district or districts shall have the right to renew the lease
or leases not to exceed forty years at a stipulated rental to
be paid by the school district or districts out of current
revenues and at any time during the continuance of the lease
or leases purchase the grounds and buildings at a stipulated
price.
(2) In connection with the execution of the lease, sell
lease, land grant or convey, individually or jointly, to the
corporation, partnership, association or person, with or without
consideration, any lands, easements, or rights in lands, which
are deemed necessary for the project together with any
buildings, structures or improvements thereon erected as well
as furnishings and equipment used or useful in connection
therewith.
(3) Purchase or otherwise acquire additional lands or
interests in lands which are deemed necessary for the project
and finance the acquisition by the issuance and sale of general
obligation bonds.
(4) Transfer, assign and set over to the corporation,
partnership, association or person any contract which has been
awarded for the project or projects.
(5) Make payments to the corporation, partnership,
association or person out of its or their general funds or out
of any other available funds including proceeds of insurance
on school property, the proceeds of bonds of the school district
or districts issued for building purposes and not so used and
moneys set aside or otherwise available for building purposes.
The proceeds of any general obligation bonds heretofore or
hereafter issued by a school district shall be used by the
corporation, partnership, association or person for the purpose
or purposes for which the bonds were issued and if the bonds
were issued pursuant to a vote of the electors the appropriation
of the proceeds shall not be deemed such a change of purpose
from that for which the bonds were authorized as require the
question to be again submitted to a vote of the electors under
any existing law.
(6) In case of joint leases, agree, subject to the approval
of the Department of Public Instruction, on the manner of
sharing between the school districts the rental or rentals and
any other sums payable to the corporation, partnership,
association or person and the costs and expenses of insuring,
operating, maintaining and repairing the school property leased.
(7) Make all other contracts or agreements with the
corporation, partnership, association or person or with other
school districts deemed necessary or convenient in connection
with the project.
(b) In all cases where the board of directors of any school
district fails to pay or to provide for the payment of any
rental or rentals due any corporation, partnership, association
or person for any period in accordance with the terms of any
lease entered into under the provisions of this section, the
Superintendent of Public Instruction shall notify the board of
its obligation and shall withhold out of any State appropriation

due the school district an amount equal to the amount of rental

or rentals owing by the school district to the corporation,
partnership, association or person and shall pay over the amount
withheld to the corporation, partnership, association or person
in payment of the rental.
(791 added July 11, 1957, P.L.775, No.373)
ARTICLE VIII.
BOOKS, FURNITURE AND SUPPLIES.
Section 801. Purchases; Use in Schools; Rules and
Regulations.--The board of school directors of each school
district shall purchase all necessary furniture, equipment,
textbooks, school supplies, and other appliances for the use
of the public schools, or any department thereof, in their
respective districts, and furnish the same free of cost for use
in the schools of the district, subject to such rules and
regulations regarding the use and safe-keeping thereof as the
board of school directors may adopt. All furniture, equipment,
books, school supplies, and other appliances purchased by the
board of school directors of any school district, for the use
of the public schools therein, shall be purchased in the manner
provided in this act.
Section 802. Period of Use of Textbooks.--(802 repealed
Sept. 11, 1959, P.L.869, No.346)
Section 803. Time and Manner of Adopting and Furnishing
Textbooks and Supplementary Books.--All school textbooks, in
school districts of the second, third and fourth class, shall
be adopted by the board of school directors at any regular
meeting between the first day of April and the first day of
August following. Such books, so adopted, shall be provided for
the use of the schools at the beginning of the school terms
next following. If in said school districts there shall be a
district superintendent, such district superintendent shall
report in which subjects new textbooks are needed, and after
consultation with the teachers under his supervision, what
textbooks should be adopted or changed. No adoption or change
of textbooks shall be made without his recommendation, except
by a two-thirds vote of the board. Books, supplementary to
textbooks regularly adopted, may be adopted and purchased for
use in the schools at any time. Such supplementary books shall
be adopted in the same manner as textbooks are herein required
to be adopted.
(803 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 804. Use of School Books During Vacations.--The
board of school directors in any district may allow any pupil
in such district the use of school books during vacations, under
such rules and regulations as it may adopt.
Section 805. Classes of School Supplies; Purchasing
Agent.--(805 repealed July 31, 1968, P.L.796, No.242)
Section 806. Purchase of Supplies of the First Class,
Costing $100 or More.--(806 repealed July 31, 1968, P.L.796,
No.242)
Section 807. Purchase of Supplies of the Second Class,
Costing $300 or More.--(807 repealed July 31, 1968, P.L.796,
No.242)
Section 807.1. Purchase of Supplies.--(a) ((a) deleted by
amendment)
(a.1) ((a.1) deleted by amendment June 30, 2012, P.L.684,
No.82)
(a.2) All furniture, equipment, textbooks, school supplies
and other appliances for the use of the public schools costing,

subject to adjustment under section 120, a base amount of

eighteen thousand five hundred dollars ($18,500) or more shall
be purchased by the board of school directors only after due
advertisement as hereinafter provided. Supplies costing, subject
to adjustment under section 120, a base amount of eighteen
thousand five hundred dollars ($18,500) or more shall be
purchased by the board of school directors only after public
notice has been given by advertisement once a week for three
(3) weeks in not less than two (2) newspapers of general
circulation. In any district where no newspaper is published,
said notice may, in lieu of such publication, be posted in at
least five (5) public places.
(a.3) Written or telephonic price quotations from at least
three (3) qualified and responsible vendors shall be requested
by the board of school directors for all purchases of supplies
that exceed a base amount of ten thousand dollars ($10,000),
subject to adjustment under section 120, but are less than the
amount requiring advertisement and competitive bidding, or, in
lieu of price quotations, a memorandum shall be kept on file
showing that fewer than three (3) qualified vendors exist in
the market area within which it is practicable to obtain
quotations. A written record of telephonic price quotations
shall be made and shall contain at least the date of the
quotation, the name of the vendor and the vendor's
representative, the supplies which were the subject of the
quotation and the price of the supplies. Written price
quotations, written records of telephonic price quotations and
memoranda shall be retained for a period of three years.
(b) ((b) deleted by amendment)
(b.1) The board of school directors shall accept the bid
of the lowest responsible bidder, kind, quality, and material
being equal, but shall have the right to reject any and all
bids or select a single item from any bid. The board of school
directors in any district may authorize or appoint the secretary
of the board or other executive as purchasing agent for the
district, with authority to purchase supplies that cost a base
amount of less than eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120.
(c) The following shall be exempt from the above provisions:
maps, music, globes, charts, educational films, filmstrips,
prepared transparencies and slides, pre-recorded magnetic tapes
and disc recordings, textbooks, games, toys, prepared kits,
flannel board materials, flash cards, models, projectuals and
teacher demonstration devices necessary for school use.
(d) ((d) deleted by amendment)
(e) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials piecemeal for the purpose of obtaining prices under
the base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120, upon
transactions which should, in the exercise of reasonable
discretion and prudence, be conducted as one transaction
amounting to more than a base amount of eighteen thousand five
hundred dollars ($18,500), subject to adjustment under section
120. This provision is intended to make unlawful the practice
of evading advertising requirements by making a series of
purchases or contracts each for less than the advertising
requirement price, or by making several simultaneous purchases
or contracts each below said price, when in either case the
transaction involved should have been made as one transaction
for one price.
(807.1 amended June 30, 2012, P.L.684, No.82)

Compiler's Note: See section 34 of Act 82 of 2012 in the

appendix to this act for special provisions relating to
applicability.
Compiler's Note: Section 5 of Act 97 of 2011, which amended
section 807.1, provided that Act 97 shall apply to
contracts and purchases advertised on or after January 1
of the year following the effective date of section 5.
Section 808. Employe of District as Agent.--No person shall
act as agent for school books or school supplies, in any
district in which he is engaged or employed as a superintendent,
teacher, or employe of the school district in any capacity, or
in which he was thus employed during the preceding school year.
Section 809. Giving or Offering Bribes; Penalty.--Every
person, firm, association, or corporation that shall directly
or indirectly, individually or through an agent or
representative, give or promise to give to any school director,
officer of any school board, superintendent, teacher, or any
other person, any sum of money or other valuable thing, or shall
make any promise of any appointment or position, in order to
secure, procure, or influence the recommendation, adoption,
rejection, or purchase of any books, school furniture, or
supplies, by any superintendent, teacher, or school district
in this Commonwealth, shall be guilty of a misdemeanor, and on
conviction thereof shall be sentenced to pay a fine of not less
than five dollars ($5) or more than five hundred dollars ($500),
or be sentenced to imprisonment in the county jail for not less
than thirty (30) days or more than one (1) year, either or both,
at the discretion of the court.
Section 810. Seeking or Receiving Bribes; Penalty.--Any
school director, officer, superintendent, supervising principal,
or teacher, who shall ask for or accept money or other valuable
thing for his vote, recommendation, or influence, in order to
secure the recommendation, adoption, rejection, or purchase of
any school books, school furniture, or other school supplies,
from any person, firm, association, or corporation, or any agent
or representative thereof, either directly or indirectly, shall
be guilty of a misdemeanor, and on conviction thereof shall be
sentenced to pay a fine of not less than five dollars ($5) or
more than five hundred dollars ($500), or to be sentenced to
imprisonment in the county jail for not less than thirty (30)
days or more than one (1) year, either or both, at the
discretion of the court.
ARTICLE IX.
SCHOOL DIRECTORS' ASSOCIATIONS AND
COUNTY BOARDS OF SCHOOL DIRECTORS.
(a)

School Directors' Associations.

Section 901. Conventions and Special Meetings.--(901

repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 902. Notice and Place of Convention.--(902 repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
Section 903. Expenses at Annual Conventions and Special
Meetings.--(903 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 904. Officers.--(904 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 905. Executive Committee.--(905 repealed Jan. 14,
1970, 1969 P.L.468, No.192)

Section 906. Auditors.--(906 repealed Jan. 14, 1970, 1969

P.L.468, No.192)
Section 907. Ex-officio Members of Executive
Committee.--(907 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 908. Payment of Expenses by County.--(908 repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
(b) County Boards of School Directors.
Section 921. Election; Vacancies; Qualifications;
Removals.--(921 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 922. Election of Officers.--(922 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
Section 923. Meetings; Filling of Vacancies.--(923 repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
Section 924. Expenses of Members; Telephone, etc.,
Services.--(924 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 925. Powers and Duties.--(925 (a) to (e) repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
(f) (1) Any county board of school directors may make
contracts of insurance with any insurance company, or nonprofit
hospitalization corporation, or nonprofit medical service
corporation, authorized to transact business within the
Commonwealth, insuring its employes, their spouses and
dependents and retired employes under a policy or policies of
group insurance covering life, health, hospitalization medical
service, or accident insurance, and for such purposes may agree
to pay part or all of the premiums or charges for carrying such
contracts, and may include the cost of such charges in its
estimate of the cost of operating and administering classes or
schools for handicapped and institutionalized children to be
operated by the county board during the ensuing school year.
No contract or contracts of insurance authorized by this section
shall be purchased from or through any person employed by the
county board in a teaching or administrative capacity.
(2) The county board of school directors is hereby
authorized to deduct from the employe's pay, salary, or
compensation, such part of the premium as is payable by the
employe and as may be so authorized by the employe in writing.
(3) All contracts procured hereunder shall conform and be
subject to all the provisions of any existing or future laws
concerning group insurance contracts.
((f) added July 24, 1970, P.L.613, No.205)
Section 926. Chief Executive Officer; Powers and
Duties.--(926 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 927. Audits.--(927 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 928. Bond of Treasurer.--(928 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
Section 929. Compensation of the Secretary and
Treasurer.--(929 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 930. Professional and Temporary Professional
Employes.--(930 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
ARTICLE IX-A.
INTERMEDIATE UNITS.
(Art. added May 4, 1970, P.L.311, No.102)
Section 901-A. Establishment of Intermediate Units.--Each
school district of the Commonwealth shall be assigned to an
intermediate unit, and shall be entitled to the services of an
intermediate unit in accordance with a program of services
adopted by the intermediate unit board of directors. The

arrangement of the school districts of the Commonwealth into

intermediate units shall reflect consideration of (i) the number
of public school children enrolled in kindergarten through grade
twelve, (ii) ease of travel within each intermediate unit, and
(iii) the opportunity to provide adequate basic services.
Intermediate units shall be part of the public school system
of this Commonwealth, and shall become operative on July 1,
1971.
(901-A added May 4, 1970, P.L.311, No.102)
Section 902-A. Arrangement of School Districts Into
Intermediate Units.--The school districts are arranged in
intermediate units as follows:
Intermediate Unit No. 1: Albert Gallatin Area, Frazier,
Brownsville Area, Connellsville Area, Laurel Highlands,
Uniontown Area, West Greene, Central Greene, Jefferson Morgan,
Carmichaels Area, Southeastern Greene, Fort Cherry, Burgettstown
Area, Avella Area, McGuffey, Canon McMillan, Chartiers Houston,
Peters Township, Trinity Area, Washington, Ringgold, Charleroi
Area, Bethlehem Center, California Area and Bentworth.
Intermediate Unit No. 2: Pittsburgh City.
Intermediate Unit No. 3: North Allegheny, Quaker Valley,
Avalon Borough, North Hills, Avonworth, Bellevue Borough,
Babcock, Hampton Township, Braddock Borough, Allegheny Valley,
Braddock Hills Borough, Highlands Merged, Plum Borough, Gateway,
Churchill Area, Wilkinsburg Borough, East Allegheny, Coraopolis
Borough, McKeesport Area, West Mifflin Area Union, South
Allegheny, East Deer Frazer Union, Elizabeth Forward, East
Pittsburgh Borough, Clairton City, Edgewood Borough, West
Jefferson Hills Union, Baldwin Whitehall, Mt. Lebanon Township,
Etna Borough, Upper St. Clair Township, Bethel Park, Chartiers
Valley, Keystone Oaks, Fox Chapel Union, Montour, Carlynton,
Sto Rox, West Allegheny, Homestead Borough, Duquesne City,
Brentwood Borough, South Park, South Fayette Township, Millvale
Borough, Moon Union, Munhall Borough, Neville Township, North
Braddock Borough, Oakmont Borough, Penn Hills Township, Rankin
Borough, Reserve Township, Shaler Township, Sharpsburg Borough,
Swissvale Borough, Turtle Creek Borough, Verona Borough, West
Deer Township and West Homestead Borough.
Intermediate Unit No. 4: Slippery Rock Area, Butler Area,
Southwest Butler County, Mars Area, Bruin Borough, South Butler
County, Chicora Borough, Clay Township, Donegal Township,
Fairview Township, Karns City Borough, Moniteau Merged, Parker
Township, Perry Township, Petrolia Borough, West Sunbury
Borough, Ellwood City Area, Laurel, Mohawk Area, Neshannock
Township, New Castle Area, Shenango Area, Union Area, Wilmington
Area, Jamestown Area, Commodore Perry, Mercer Area, Greenville
Area, West Middlesex Area, Grove City Area, Lakeview, Sharon
City, Hickory Township, Reynolds, Sharpsville Area and Farrell
Area.
Intermediate Unit No. 5: Blooming Valley Borough, Cambridge
Springs Borough, Cambridge Township, Cochranton Borough,
Conneaut Lake Borough, Conneaut Valley Merged, Cussewago
Township, East Fairfield Township, East Fallowfield Township,
Fairfield Township, French Creek Township, Greenwood Township,
Hayfield Township, Linesville Conneaut Merged, Meadville Area
Union, North Shenango Township, Randolph East Mead Merged,
Richmond Township, Rockdale Township, Sadsbury Township,
Saegerwood Merged, Sparta Merged, Steuben Township, Summit
Township, Townville Area Merged, Venango Borough, Venango
Township, Wayne Township, West Fallowfield Township, Woodcock
Borough, Erie City, Mill Creek Township, Amity Township,
Bloomfield Township, Columbus Township, Concord Township, Corry

City, Edinboro Area Union, Elgin Borough, Fairview Union, Fort

Leboeuf Merged, Girard Union, Greene Township, Greenfield
Township, Harbor Creek Township, Iroquois Area Merged, McKean
Union, North East Borough, North East Township, Northwestern
Union, Spring Creek Township, Union City Borough, Union
Township, Venango Township, Wattsburg Borough, Wayne Township,
and Warren County.
Intermediate Unit No. 6: Allegheny Clarion Valley, Clarion
Area, Clarion Limestone Area, Keystone, North Clarion County,
Redbank Valley, Union, Dubois Area, Forest Area, Brockway Area,
Brookville Area, Punxsutawney Area, Oil City Area, Franklin
Area, Cranberry Area, Valley Grove, Allegheny Township, Oilcreek
Township, Pleasantville Borough and Titusville Area.
Intermediate Unit No. 7: Burrell, Kiski Area, Franklin
Regional, Derry Area, Greater Latrobe, Mount Pleasant Area,
Ligonier Valley, Hempfield Area, Greensburg Salem, Yough,
Monessen City, Belle Vernon Area, Jeannette City, Norwin, Penn
Trafford, Southmoreland and New Kensington Arnold.
Intermediate Unit No. 8: Bedford Area, Chestnut Ridge,
Everett Area, Northern Bedford County, Tussey Mountain, Tyrone
Area, Bellwood Antis, Altoona Area, Williamsburg Community,
Hollidaysburg Area, Clayburg Kimmel, Spring Cove, Northern
Cambria, Cambria Heights, Penn Cambria, Portage Area, Forest
Hills, Blacklick Valley, Conemaugh Valley Area, Richland,
Ferndale Area, Westmont Hilltop, Central Cambria, Greater
Johnstown, Berlin Area Merged, Boswell Borough, Brothersvalley
Township, Conemaugh Township Union, Elk Lick Township, Fairhope
Township, Greenville Township, Hooversville Borough, Jennerstown
Area Merged, Meyersdale Area Union, Quemahoning Township,
Rockwood Area Merged, Salisbury Borough, Shade Central City
Union, Shanksville Borough, Somerset Area Merged, Stonycreek
Township, Stoystown Borough, Turkeyfoot Valley Area Union and
Windber Area Merged.
Intermediate Unit No. 9: Cameron County, Johnsonburg Area,
Ridgway Area, St. Marys Area, Bradford Area, Otto Eldred, Port
Allegany Smethport Area, Kane Area, Oswayo Valley, Northern
Potter, Coudersport Area, Galeton Area and Austin Area.
Intermediate Unit No. 10: Bald Eagle Area, Bellefonte Area,
State College Area, Penns Valley Area, West Branch Area,
Moshannon Valley, Harmony, Curwensville Area, Clearfield Area,
Philipsburg Osceola Area, Glendale Allison Township, Bald Eagle
Township, Beech Creek Borough, Beech Creek Township, Castanea
Township, Chapman Township, Colebrook Township, Curtin Township,
Dunnstable Township, East Keating Township, Flemington Borough,
Gallagher Township, Greene Township, Grugan Township, Lamar
Township, Leidy Township, Liberty Township, Lock Haven City,
Logan Township, Loganton Borough, Mill Hall Borough, Noyes
Township, Pine Creek Township, Porter Township, Renovo Borough,
Stewardson Township, South Renovo Borough, Wayne Township and
Woodward Township.
Intermediate Unit No. 11: Southern Fulton, Central Fulton,
Forbes Road, Juniata Valley, Huntingdon Area, Mount Union Area,
Southern Huntingdon County, Juniata County and Mifflin County.
Intermediate Unit No. 12: Bermudian Springs Merged, Conewago
Township, Cumberland Township, East Berlin Borough, Fairfield
Area Merged, Franklin Township, Germany Township, Gettysburg
Area Merged, Latimore Township, Littlestown Borough,
McSherrystown Borough, Mount Joy Independent, Mount Pleasant
Township, New Oxford Area Merged, Union Township, Upper Adams
Merged, Central York Dallastown Area, Dover Area, Eastern York,
Northeastern, Red Lion Area, South Eastern, Southern York
County, South Western, Spring Grove Area, West York Area, York

City, York Suburban, Hanover Borough, Chambersburg Area,

Waynesboro Area, Tuscarora, Greencastle Antrim and Fannett
Metal.
Intermediate Unit No. 13: Cocalico, Conestoga Valley,
Donegal, Eastern Lancaster County, Elizabethtown Area, Ephrata
Area, Lampeter Strasburg, Columbia Borough, Manheim Central,
Manheim Township, Penn Manor, Pequea Valley, Solanco, Warwick,
Hempfield Union, Lancaster City, Lancaster Township, Palmyra
Area, Annville Cleona, Cornwall Lebanon, Eastern Lebanon County,
Northern Lebanon and Lebanon.
Intermediate Unit No. 14: Boyertown Area, Brandywine Heights
Area, Conrad Weiser Area, Daniel Boone Area, Exeter Township,
Fleetwood Area, Governor Mifflin, Hamburg Area, Kutztown Area,
Antietam, Muhlenberg Township, Oley Valley, Reading City,
Schuylkill Valley, Tulpehocken Area, Twin Valley, West Reading
Borough, Wilson and Wyomissing Area.
Intermediate Unit No. 15: Big Spring, Camp Hill, Carlisle
Area, Cumberland Valley, East Pennsboro Area, Mechanicsburg
Area, Shippensburg Area, South Middleton, West Shore, Upper
Dauphin Area, Millersburg Area, Middletown Area, Central
Dauphin, Lower Dauphin, Steelton Highspire, Halifax Area,
Susquehanna Township, Derry Township, Harrisburg City, West
Perry, Susquenita, Newport, Greenwood and Northern York County.
Intermediate Unit No. 16: Benton Area, Berwick Area,
Bloomsburg Area, Central Columbia, Millville Area, Southern
Columbia Area, Danville Area, Warrior Run, Milton Area,
Shikellamy, Line Mountain, Shamokin Area, Mount Carmel Area,
Adams Township, Beavertown Borough, Center Township, Chapman
Township, Franklin Township, Freeburg Borough, Jackson Township,
Middleburg Borough, Middlecreek Township, Monroe Township, Penn
Township, Perry Township, Selinsgrove Borough, Shamokin Dam
Borough, Spring Township, Union Township, Washington Township,
West Beaver Township, West Perry Township, Lewisburg Area and
Mifflinburg Area.
Intermediate Unit No. 17: Towanda Area, Northeast Bradford,
Wyalusing Area, Canton, Troy Area, Athens Area, Sayre Area,
East Lycoming, Muncy, Montgomery Area, Montoursville Area, South
Williamsport Area, Williamsport Area, Jersey Shore Area,
Loyalsock Township, Sullivan County, Northern Tioga, Southern
Tioga and Wellsboro Area.
Intermediate Unit No. 18: Ashley Borough, Northwest Area,
Lake Lehman, Bear Creek Township, Dallas, Wyoming Area, Buck
Township, Pittston Area, Wyoming Valley West, Greater Nanticoke
Area, Hazleton Area, Dennison Township, Dorrance Township,
Fairview Township, Hanover Township, Laflin Borough, Laurel Run
Borough, Nuangola Borough, Plains Township, Rice Township,
Slocum Township, Sugar Notch Borough, Warrior Run Borough, White
Haven Borough, Wilkes Barre City, Wilkes Barre Township, Wright
Township and Tunkhannock Area.
Intermediate Unit No. 19: Scranton City, Abington Heights,
Dunmore Borough, Archbald Borough, Riverside, North Pocono,
Blakely Borough, Old Forge Borough, Carbondale City, Carbondale
Township, Dickson City Borough, Fell Township, Greenfield
Township, Jermyn Borough, Jessup Borough, Mayfield Borough,
Olyphant Borough, Scott Township, Throop Borough, Blue Ridge,
Elk Lake, Forest City Regional, Montrose Area, Mountain View,
Susquehanna Community, Blooming Grove Township, Buckingham
Township, Canaan Township, Clinton Township, Damascus Township,
Dreher Township, Greene Township, Hawley Borough, Honesdale
Union, Lackawaxen Township, Lake Township, Manchester Township,
Palmyra Township, Palmyra Township Pike, Paupack Township,
Preston Township, South Canaan Township, Salem Township, Scott

Township, Sterling Township, Waymart Borough, White Mills

Independent and Lackawanna Trail.
Intermediate Unit No. 20: Pleasant Valley, Pocono Mountain,
East Stroudsburg Area, Stroudsburg Area, Bangor Area, Pen Argyl
Area, Nazareth Area, Northampton Area, Saucon Valley, Bethlehem
Area, Easton City, Forks Township, Lower Mt. Bethel Independent,
Palmer Township, Riegelsville Borough, Williams Township, Wilson
Borough Union and Delaware Valley.
Intermediate Unit No. 21: Palmerton Area, Lehighton Area,
Jim Thorpe Area, Panther Valley, Weatherly Area, Allentown City,
Catasauqua, East Penn, Northern Lehigh, Northwestern Lehigh,
Parkland, Salisbury Township, Southern Lehigh and Whitehall
Coplay.
Intermediate Unit No. 22: Palisades, Quakertown Community,
Pennridge, Central Bucks, Council Rock, Centennial, Neshaminy,
Pennsbury, Morrisville Borough, Bristol Township, Bristol
Borough, Bensalem Township and New Hope Solebury.
Intermediate Unit No. 23: Upper Moreland Township, Abington,
Jenkintown, Bryn Athyn Borough, Cheltenham Township, Springfield
Township, Collegeville Borough, Lower Merion, Colonial
Wissahickon, Upper Dublin, Hatboro Horsham, North Penn,
Norristown Area, Upper Merion Area, Spring Ford Area, Souderton
Area, Upper Perkiomen, Pottstown, Pottsgrove, Lower Moreland
Township, Lower Providence Township, Schwenksville Union,
Skippack Township, Trappe Borough and Worcester Township.
Intermediate Unit No. 24: Owen J. Roberts, Oxford Area,
Phoenixville Area, Downingtown Area, Coatesville Area, Octorara
Area, Charlestown Township, West Chester Area, Unionville Chadds
Ford, Kennett Consolidated, Avon Grove, East Whiteland Township,
Easttown Township, Malvern Borough, Tredyffrin Township and
Willistown Township.
Intermediate Unit No. 25: Radnor Township, Aldan Borough,
Haverford Township, Bethel Township, Ridley, Marple Newtown,
Rose Tree Media, Chester Heights Borough, Chester City,
Chichester, Chester Township, Clifton Heights Borough,
Collingdale Borough, Colwyn Borough, Concord Township, Darby
Borough, Darby Township, East Lansdowne Borough, Folcroft
Borough, Glenolden Borough, Lansdowne Borough, Millbourne
Borough, Morton Borough, Nether Providence Township, Norwood
Borough, Penn Delco Union, Prospect Park Borough, Sharon Hill
Borough, Springfield Township, Swarthmore Rutledge Union,
Tinicum Township, Upland Borough, Upper Darby Township and
Yeadon Borough.
Intermediate Unit No. 26: Philadelphia City.
Intermediate Unit No. 27: Ambridge Area Merged, Baden Economy
Union, Beaver Area, Western Beaver County Area, Midland Borough,
Beaver Falls Area, Aliquippa Borough, Big Beaver Borough, Center
Township, Freedom Area, Chippewa Township, Rochester Area, New
Brighton Area, Northeastern Beaver County, Darlington Borough,
Darlington Township, Enon Valley Borough, Frankfort Springs
Borough, Georgetown Borough, Greene Township, Hanover Township,
Harmony Township, Homewood Borough, Hookstown Borough, Hopewell
Township, Independence Township, Koppel Borough, Monaca Borough,
New Galilee Borough, Patterson Heights Borough, Patterson
Township, Potter Township, Raccoon Township, Shippingport
Borough, South Beaver Township, West Mayfield Borough.
Intermediate Unit No. 28: Armstrong, Apollo Borough, Buffalo
Township, Freeport Borough, Kiskiminetas Township, Leechburg
Union, North Apollo Borough, South Buffalo Township, United,
Blairsville, Saltsburg, Homer Center, Penns Manor Area, Indiana
Area, Purchase Line, Marion Center Area, Jacksonville Borough,
West Lebanon Independent, and Young Township.

Intermediate Unit No. 29: Pine Grove Area, Williams Valley,

Tri Valley, Blue Mountain, Schuylkill Haven Area, Minersville
Area, Pottsville Area, Saint Clair Area, North Schuylkill,
Mahanoy Area, Tamaqua Area, Shenandoah Valley.
(902-A added May 4, 1970, P.L.311, No.102)
Section 903-A. Transfer of Membership.--Any school district
may apply for transfer from one intermediate unit to another
intermediate unit with which its boundaries are contiguous by
submitting a written request for such transfer to the State
Board of Education, along with reasons for requesting such
transfer and with the written approval or disapproval of all
school districts within the intermediate unit of which the
school district is a member and all school districts within the
intermediate unit to which it wishes to transfer. If the State
Board of Education approves the transfer, it shall be effective
the following July 1. In no event shall a transfer be made
without the approval of all the school districts within all
intermediate units involved in said transfer.
(903-A added May 4, 1970, P.L.311, No.102)
Section 904-A. Merger of Intermediate Units.--Two or more
intermediate units may, with the approval of a majority of the
members of each intermediate unit board of directors and all
school districts within each intermediate unit, submit a written
request to the State Board of Education for consolidation. If
the State Board of Education approves such consolidation, it
shall be effective the following July 1.
(904-A added May 4, 1970, P.L.311, No.102)
Section 905-A. Regulations.--The State Board of Education
shall adopt such regulations as it deems necessary to guide the
organization and operation of intermediate units and to provide
procedures for amendment of the State plan of intermediate
units.
(905-A added May 4, 1970, P.L.311, No.102)
Section 906-A. Program of Services.--From July 1, 1971 to
June 30, 1972, intermediate units shall provide essential
services formerly provided by county boards of school directors,
collect and analyze informational data and adopt the program
of services to be provided by the intermediate unit. On or
before May 1, 1971, and annually thereafter, each intermediate
unit shall submit a program of services for the next school
year to the Superintendent of Public Instruction for budgetary
approval. Such program of services shall be developed and
submitted in accordance with law, as hereinafter provided.
(906-A added May 4, 1970, P.L.311, No.102)
Section 907-A. Subsidies for Services.--(a) Intermediate
units shall receive subsidies from the Commonwealth as herein
provided only for services performed pursuant to and authorized
by law, as hereinafter provided. Nothing contained herein shall
prohibit intermediate units from receiving funds from school
districts and other sources including nonpublic nonprofit
schools and expending such funds to provide additional services
not included in the approved program of services.
(b) No later than February 1, 2012, and by February 1 of
each year thereafter, an intermediate unit shall submit to the
Department of Education a report on subsidies and funds received
in accordance with this section.
(1) The report shall include, but not be limited to,
the following information:
(i) A listing of all contracts, interagency
agreements, intergovernmental agreements, purchase
orders, memoranda of understanding, agreements and other
arrangements between a Commonwealth agency and an

intermediate unit or between intermediate units in an

amount greater than $50,000.
(ii) With respect to each item listed under
subparagraph (i), the following:
(A) The total amount and duration of the item,
including the annual amount if the item covers
multiple years.
(B) The sources and amounts of funds needed to
cover the entire cost of the item.
(C) A description of programs or services, or
both, being provided, including performance measures
by which the intermediate unit will be assessed and
penalties for nonperformance.
(D) A description of the selection process used
in entering into the item.
(E) A listing of all employes, contractors and
agents covered under the item, the duties of each
individual and the remuneration provided to each
individual.
(2) The Department of Education shall develop the format
to be used by the intermediate units preparing the report
required under paragraph (1).
(3) The Department of Education shall post the reports
on its publicly accessible Internet website by March 1 of
each year. ((3) amended July 12, 2012, P.L.1142, No.141)
(4) The first report shall cover fiscal years 2009-2010
and 2010-2011. Each future report shall cover the previous
fiscal year.
(907-A amended June 30, 2011, P.L.112, No.24)
Section 908-A. Special Pupil Services.--All powers and
duties of county boards of school directors with respect to
special pupil services are hereby transferred to intermediate
unit boards of directors, effective July 1, 1971, and all
Commonwealth payments theretofore paid to county boards of
school directors on account of special pupil services shall
thereafter be paid to intermediate unit boards of directors.
(908-A added May 4, 1970, P.L.311, No.102)
Section 909-A. Vocational-Technical Education.--All powers
and duties of county boards of school directors with respect
to vocational-technical education are hereby transferred to
intermediate unit boards of directors, effective July 1, 1971;
and all Commonwealth payments theretofore paid to county boards
of school directors on account of vocational-technical education
shall thereafter be paid to intermediate unit boards of
directors.
(909-A added May 4, 1970, P.L.311, No.102)
Section 910-A. Intermediate Unit Board of Directors.--(a)
The intermediate unit board of directors shall be composed of
thirteen members except as otherwise provided for in this
subsection, chosen for terms of three years from among members
of the boards of school directors of school districts comprising
the intermediate unit. An intermediate unit director may succeed
himself without limitation as to the number of terms. Where
there are fewer than thirteen school districts within an
intermediate unit, there shall be one school director from each
school district elected to the intermediate unit board of
directors, but any such intermediate unit board of directors
may elect one additional at-large member. When there are more
than thirteen districts in an intermediate unit each district,
as far as practicable, may have one member on the unit board,
up to a maximum of twenty-two members. The election of
intermediate unit boards of directors shall be by proportionate

ballot, and each school director of each school district within

an intermediate unit shall be entitled to cast votes determined
by dividing the weighted average daily membership of the school
district by the total weighted average daily membership within
the intermediate unit, multiplying the quotient so obtained by
one thousand, dividing the product so obtained by the number
of directors as provided for above, and rounding such dividend
to the nearest whole number: Provided, however, That each school
director shall have at least one vote. The Secretary of
Education shall annually, not later than the first day of
February, certify the weighted average daily membership for the
previous school year for each school district and for each
intermediate unit, and shall compute the number of votes to
which each school director of each school district within an
intermediate unit shall be entitled. ((a) amended June 29, 2002,
P.L.524, No.88)
(b) Except for the initial election, directors shall be
elected annually between February 1 and June 30 by convention
or by mail ballot of the school directors of the school
districts comprising an intermediate unit as follows: five every
third year, four each other year. An intermediate unit board
choosing to elect members by mail ballot shall notify the
secretary of the board of directors of each school district
comprising the intermediate unit annually prior to January 1.
The act of July 19, 1974 (P.L.486, No.175), referred to as the
Public Agency Open Meeting Law shall not apply to the election
of members by mail ballot. Each intermediate unit board of
directors may organize annually in June provided the annual
election of directors has taken place; in all other cases such
boards shall organize in July. ((b) amended Oct 4, 1984,
P.L.725, No.156)
(c) The initial election of directors shall be held between
the effective date of this act and January 15, 1971; and
thirteen directors shall be elected for terms to begin on
January 15, 1971, to expire for four directors on June 30, 1972,
for four directors on June 30, 1973 and for five directors on
June 30, 1974. From the date of election to July 1, 1971 the
directors elected initially shall serve as intermediate unit
planning committees to plan for the operations of intermediate
units commencing July 1, 1971.
(d) Vacancies on an intermediate unit board of directors
shall be filled by appointment by majority vote of the remaining
intermediate unit directors. A director so appointed shall serve
until the annual election, at which time a director shall be
elected to serve the unexpired portion of the term. An
intermediate unit director elected to fill a vacancy may succeed
himself without limitations as to the number of terms. Vacancies
shall occur upon the death, resignation, or removal of an
intermediate unit director, or when he no longer holds office
as a school director. In the event vacancies exist or occur in
the membership of all of the members of an intermediate unit
board of directors, a special convention, called by the
Secretary of Education, shall be held of school directors of
the school districts comprising the intermediate unit for the
purpose of electing directors to fill the vacancies.
(e) Any member of an intermediate unit board of directors
may be removed in the same manner and for the same cause as
provided by law for removal of members of boards of school
directors.
(f) Elections of intermediate unit directors and the
organization of intermediate unit boards of directors shall be

conducted in accordance with regulations adopted by the State

Board of Education.
(g) In the case of an intermediate unit comprised of a
single school district, the board of education of the school
district shall be the intermediate unit board of directors.
(h) To stand for election to an intermediate unit board of
directors, in accordance with this section and section 911-A,
or to stand for appointment to fill a vacancy on an intermediate
unit board of directors, in accordance with this section, a
director from a member district shall first be nominated by a
majority vote of the board of directors of that member district
and a record of such vote shall become part of the minutes of
said district which record of the vote shall be transmitted to
the intermediate unit prior to such election or appointment. A
person properly elected or appointed, in accordance with this
section and section 911-A, shall be seated as a member of the
intermediate unit board of directors. ((h) amended Dec. 17,
1982, P.L.1378, No.316)
(910-A amended Apr. 6, 1980, P.L.86, No.30)
Section 911-A. Conventions.--The intermediate unit board
of directors may direct the executive director to call a
convention to be held between February 1 and June 30 for the
purpose of electing members to the intermediate unit board of
directors, for consideration and discussion of matters
pertaining to the improvement of education in the schools within
the intermediate unit, and for such other business as may
properly come before the convention. In addition, the
intermediate unit board of directors may call into special
convention the school directors of all school districts
comprising an intermediate unit at any time for the
consideration of business which may properly come before a
special convention. On petition of a majority of the school
districts comprising the intermediate unit for a special
convention for a stated purpose relating to proper business of
the intermediate unit, including the election of members to the
intermediate unit board of directors, the intermediate unit
board of directors shall direct the executive director to call
into special convention the school directors of all school
districts comprising the intermediate unit for consideration
of such stated purpose or election: Provided, That petitions
for a convention to elect members of the intermediate unit board
of directors must be received by the secretary of the
intermediate unit board of directors no later than February 1.
Notice to each such district director shall be given at least
five days prior to such special convention.
(911-A amended Apr. 6, 1980, P.L.86, No.30)
Section 912-A. Election of Officers.--(a) During the month
of July, 1971, each intermediate unit board of directors shall
elect a president and a vice president from among its members,
a secretary and a treasurer, who need not be members. The
treasurer may be any corporation duly qualified and legally
authorized to transact a fiduciary business in the Commonwealth.
(b) Before entering upon his duties, the treasurer shall
furnish a bond in an amount and with surety or sureties as the
intermediate unit board of directors shall approve, conditioned
upon the faithful performance of his duties. The cost of the
bond shall be paid out of the funds of the intermediate unit.
No bond shall be required where a bank or trust company serves
as treasurer.
(c) Not later than January 15, 1971, each intermediate unit
planning committee shall elect officers in the manner provided
herein, to serve until the election of officers in July, 1971.

(912-A added May 4, 1970, P.L.311, No.102)

Section 913-A. Staff.--(a) The staff of an intermediate
unit shall consist of an executive director and such assistant
executive directors, program specialists, and other personnel
as the intermediate unit board of directors deems necessary to
employ. In the case of an intermediate unit comprised of a
single school district, the district superintendent shall serve
as executive director of the intermediate unit. His salary shall
not be charged to the intermediate unit budget; and, the salary
of his assistants shall be charged to the intermediate unit
budget only to the extent that such assistants are engaged in
providing approved intermediate unit services as determined by
the executive director.
(b) An executive director shall be appointed by each
intermediate unit board of directors for a term of four years:
Provided, That the initial term shall commence July 1, 1971 and
terminate June 30, 1974: And, provided further, however, That
each intermediate unit planning committee may employ an
executive director-elect to serve prior to July 1, 1971. An
executive director shall hold a commission issued by the
Superintendent of Public Instruction, in accordance with
regulations adopted by the State Board of Education.
(c) Assistant executive directors may be appointed by each
intermediate unit board of directors upon recommendation of the
executive director for a term of four years: Provided, That the
initial term shall commence July 1, 1971, and terminate June
30, 1974: And provided further, however, That each intermediate
unit planning committee may employ assistant executive
directors-elect upon recommendation of the executive
director-elect to serve prior to July 1, 1971. An assistant
executive director shall hold a commission issued by the
Superintendent of Public Instruction, in accordance with
regulations adopted by the State Board of Education.
(d) All persons holding a commission for the office of
county superintendent or assistant county superintendent valid
for the term of office beginning July 1966, shall be eligible
for election to the office of executive director or assistant
executive director in 1971, and, if elected to either office,
shall remain eligible for election or reelection to either
office thereafter.
(e) All professional and temporary professional employes
of an intermediate unit shall have the same rights of tenure,
minimum salaries and increments, leaves of absence because of
illness, professional study or physical disability, sabbatical
leaves, military leaves and exchange teacher leaves as
professional and temporary professional employes of school
districts.
(f) Program specialists shall satisfy minimum qualifications
adopted by the State Board of Education.
(g) All employes of an intermediate unit shall be eligible
for and become members of the Public School Employes' Retirement
System of Pennsylvania, except that members of the State
Employes' Retirement System may elect to remain members of such
retirement system.
(h) All persons employed by an intermediate unit prior to
July 1, 1971, other than the executive director and assistant
executive directors, shall be selected, as the need arises, and
to the extent such persons are available, from among those
persons who, on the effective date of this act, are employed
by or assigned to the offices of the county boards of school
directors replaced by the intermediate unit. Position placement
and salaries shall be determined by an intermediate unit board

of directors upon recommendation of the executive director, who

shall be guided by the program of services to be offered by the
intermediate unit.
(913-A added May 4, 1970, P.L.311, No.102)
Section 914-A. Powers and Duties of the Intermediate Unit
Board of Directors.--An intermediate unit board of directors
shall have the power and its duty shall be:
(1) To appoint an executive director and determine his
salary.
(2) To appoint assistant executive directors upon
recommendation of the executive director and determine their
salaries.
(3) To approve professional staff appointments made by the
executive director.
(4) To adopt employment policies for nonprofessional staff.
(5) To adopt a program of services. Each intermediate unit
may provide, but shall, except as hereinafter provided, be
limited to, the following services: (i) curriculum development
and instructional improvement services; (ii) educational
planning services; (iii) instructional materials services; (iv)
continuing professional education services; (v) pupil personnel
services; (vi) State and Federal agency liaison services; and
(vii) management services. Each additional service to be
provided shall be first approved by a majority of all the boards
of school directors comprising the intermediate unit at a
meeting called by the intermediate unit board of directors for
the express purpose of approving or disapproving any such
additional service. Each intermediate unit may provide for the
furnishing of any of the services mentioned in this clause or
elsewhere in this act to nonpublic, nonprofit schools which
schools are hereby authorized to contract for and purchase
services from intermediate units so as to participate in the
intermediate program.
(6) To adopt and advertise the intermediate unit budget.
The budget shall be approved by (i) at least a majority of the
school districts comprising the intermediate unit; and (ii) at
least a majority of the proportionate votes of all school
directors and shall be filed annually with the Secretary of
Education and advertised or notice thereof given to the public
in each of its component school districts as required of local
school district budgets by section 687 of this act on or before
the first day of May. Budgeted expenditures shall be those
expenditures classified as current expenses, capital outlays,
debt redemptions and outgoing transfers according to the Manual
of Accounting and Related Financial Procedures for Pennsylvania
School Systems and amendments and supplements thereto published
by the Department of Education. ((6) amended Apr. 6, 1980,
P.L.86, No.30)
(7) To provide for and conduct programs of services
authorized by the State Board of Education, including services
performed under contract with component school districts. Except
as otherwise provided by law, all powers and duties of county
boards of school directors in regard to classes and schools for
exceptional children, educational broadcasting, audio-visual
libraries, instructional materials centers, area technical
schools and area vocational-technical schools are hereby
transferred to and conferred upon intermediate unit boards of
directors. An intermediate unit may contract with school
districts to provide services on behalf of the intermediate
unit.
(8) To contract for specialized services.

(9) To receive Federal, State, school district and other

moneys and expend the same to conduct programs of services.
(10) To designate one or more banks or bank and trust
companies as a depository or depositories for its funds. Each
such depository shall furnish a bond or collateral in lieu
thereof as is provided in the case of depositories of school
funds.
(11) To lease land and buildings and to own office space
and warehouse facilities. ((11) amended July 10, 1986, P.L.1270,
No.117)
(12) To employ a solicitor for such purposes as may be
required and fix his compensation.
(13) To select a name for the intermediate unit, which shall
be filed with and approved by the Superintendent of Public
Instruction.
(14) To consolidate and let combined bids for bulk
purchases.
(15) To perform such other duties as may be required by
regulation of the State Board of Education.
(16) To prepare and submit to the State Board for Vocational
Education proposals for arranging school districts of the
intermediate unit into area vocational-technical attendance
areas or any revisions thereof. A school district in an adjacent
intermediate unit may be included in such proposed attendance
area with the concurring approval of the board of school
directors of the school district and the intermediate unit to
which it belongs. ((16) added Dec. 6, 1972, P.L.1417, No.308)
(17) To purchase or lease equipment and motor vehicles to
be used for educational programs and services. ((17) added Apr.
6, 1980, P.L.86, No.30)
(914-A added May 4, 1970, P.L.311, No.102)
Section 914.1-A. Contracts with Private Residential
Rehabilitative Institutions; Certain Criteria in Department
Audits.--(Hdg. amended Nov. 23, 1999, P.L.529, No.48) (a)
Intermediate units and local school districts shall have the
power to contract with private residential rehabilitative
institutions for educational services to be provided to children
as part of any rehabilitative program required in conjunction
with the placement of a child in any such institution or in a
day treatment program of that institution pursuant to a
proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters). ((a) amended Dec. 17, 1982, P.L.1378, No.316)
(b) The cost of the educational services as provided in
subsection (c) shall be determined under section 2561(6) of
this act. If the school district of residence of the child
cannot be determined, the costs shall be borne by the Department
of Education. The department shall promulgate audit standards
which shall be used by the contracting parties in determining
the actual costs which are subject to reimbursement to the
private residential rehabilitative institution. The audit
standards, promulgated by the department, shall specify as
reasonable costs associated with the operation of the
educational program offered. The department shall effectuate
necessary procedures for the transfer of funds from the school
district of residence to the school district or intermediate
unit in which the private residential rehabilitative institution
is located. In effectuating the transfer of funds, the
department may deduct the appropriate amount from the basic
instructional subsidy of any school district which had resident
students that were provided educational services by a private
residential rehabilitative institution. ((b) amended July 11,
1996, P.L.633, No.107)

(c) For the purpose of this section, a "private residential

rehabilitative institution" means a facility, other than one
operated by a public agency, which as of December 31, 1977
provided to juveniles legally committed thereto or legally
committed to a day treatment program of that institution
pursuant to a proceeding under the act of December 6, 1972
(P.L.1464, No.333), known as the "Juvenile Act," educational
services as part of a total rehabilitative package, funded, at
least in part, through contractual agreements with the county
of which each child is a resident, whereby the institution
received from the county an amount per diem for each child
legally committed thereto or legally committed to a day
treatment program thereof. For the purpose of this section,
educational services shall be defined as direct expenditures
for instruction and the administration of the instructional
program. Any expenditures not pertaining directly to instruction
and the administration of the instructional program of the
students shall be considered a cost of child welfare services
as provided for in sections 704.1 and 704.2, act of June 13,
1967 (P.L.31, No.21), known as the "Public Welfare Code," and
as a social service as defined in the regulations promulgated
pursuant to that act. Under no circumstances shall a school
district or the Department of Education be required to provide
funding for programs operated in excess of one hundred eighty
(180) days of instruction or nine hundred (900) hours of
instruction at the elementary level or nine hundred ninety (990)
hours of instruction at the secondary level during any one
school year. However, nothing in this section shall be construed
to alter or limit the educational rights of exceptional
children. ((c) amended June 29, 1984, P.L.438, No.93)
(d) A private residential rehabilitative institution shall
be exempt from administrative control by the intermediate unit
contracting therewith other than those controls necessary to
assure the proper expenditure of funds for the maintenance of
the minimum education program provided for in the contract.
Such contracts shall not require compliance with this act to
any extent greater than such compliance existed on the effective
date of this amendatory act.
(e) ((e) deleted by amendment July 11, 1996, P.L.633, No.107)
(f) The educational program cost criteria of a private
residential rehabilitative institution that are deemed allowable
by the department for the private residential rehabilitative
institution's 1998-1999 school year shall be acceptable for all
future audits conducted by the department. ((f) added Nov. 23,
1999, P.L.529, No.48)
(914.1-A added Apr. 6, 1980, P.L.86, No.30)
Section 915-A. Powers and Duties of Executive Director.--The
executive director of an intermediate unit shall have the power
and his duty shall be:
(1) To administer the intermediate unit program of services.
(2) To appoint professional staff subject to the approval
of the intermediate unit board of directors.
(3) To employ nonprofessional staff in accordance with
employment policies of the intermediate unit board of directors.
(4) To prepare the budget for adoption by the intermediate
unit board of directors.
(5) To direct expenditures of funds within the budget or
other authorizations of the intermediate unit board of
directors.
(6) To appoint such advisory groups as will assist the staff
in providing programs of services for school districts.

(7) To provide the Superintendent of Public Instruction

with information, reports and services.
(8) To perform such other duties as may be required by the
intermediate unit board of directors and the regulations of the
State Board of Education.
(915-A added May 4, 1970, P.L.311, No.102)
Section 916-A. Intermediate Unit Council.--Each intermediate
unit shall have an Intermediate Unit Council composed of all
chief school administrators within the intermediate unit, to
be advisory to the executive director.
The executive director of the intermediate unit shall serve
as chairman of the Intermediate Unit Council.
The Intermediate Unit Council shall meet at least five times
each year and may meet at any other time upon the call of the
executive director.
(916-A added May 4, 1970, P.L.311, No.102)
Section 917-A. Allocations.--(917-A repealed Aug. 24, 1977,
P.L.199, No.59)
Section 917.1-A. Commonwealth Payments.--(a) For the school
year 1977-1978 through the school year 1985-1986, the
Commonwealth shall pay to intermediate units an amount equal
to the product of the Statewide median actual instruction
expense per weighted average daily membership (WADM) by the
product of forty-five one-hundredths of one percent (0.45%) and
the average daily membership of all school districts in the
Commonwealth, as determined by the Secretary of Education
according to the latest available actual data. For the school
year 1986-1987 and each school year thereafter, the Commonwealth
shall pay to intermediate units an amount equal to the product
of the Statewide median actual instruction expense per weighted
average daily membership (WADM) by the product of forty
one-hundredths of one percent (0.40%) and the average daily
membership of all school districts in the Commonwealth, as
determined by the Secretary of Education according to the latest
available data.
(b) For the school year 1977-1978 and each school year
thereafter, each intermediate unit shall be paid the amount it
received from the Commonwealth for the 1976-1977 school year.
(c) In addition to the amount paid to each intermediate
unit under subsection (b), each intermediate unit shall be paid
for the 1977-1978 school year through the 1985-1986 school year
an amount determined by subtracting the total payments under
subsection (b) from the total allocation under subsection (a)
divided by the average daily membership (ADM) of all school
districts in the Commonwealth multiplied by the average daily
membership (ADM) of all component school districts in the
intermediate unit, as determined by the Secretary of Education
according to the latest actual data available. In addition to
the amount paid to each intermediate unit under subsection (b),
each intermediate unit shall be paid for the 1986-1987 school
year through the 1995-1996 school year an amount determined by
subtracting the total payments under subsection (b) from the
total allocation under subsection (a). One-half of that amount
shall be divided by twenty-nine and the amount derived paid to
each intermediate unit. The remaining one-half shall be divided
by the average daily membership (ADM) of all school districts
in the Commonwealth and multiplied by the average daily
membership (ADM) of all component school districts in the
intermediate unit, as determined by the Secretary of Education
according to the latest actual available data, and the amount
derived paid to each intermediate unit.

(f) For the 1996-1997 school year, each intermediate unit

shall receive fifty percent (50%) of its amount received under
this section for the 1995-1996 school year.
(g) For the 1997-1998 school year, each intermediate unit
shall receive the amount of its payment received under this
section during the 1996-1997 school year. ((g) added June 25,
1997, P.L.297, No.30)
(h) For the 1998-1999 school year, each intermediate unit
shall receive a proportionate share of the amount available
under subsection (a) minus the payments made under section
919.1-A(e) based on the amount received by the intermediate
unit under subsection (g) for the 1997-1998 school year. During
the 1998-1999 school year, however, no intermediate unit shall
receive less payment under this subsection than the amount of
the payments the intermediate unit received under subsection
(g) during the 1997-1998 school year. ((h) added Apr. 27, 1998,
P.L.270, No.46)
(917.1-A amended July 11, 1996, P.L.633, No.107)
Section 918-A. General Operating Subsidy.--(a) On or before
the first day of May 1971, and annually thereafter, each
intermediate unit shall submit to the Superintendent of Public
Instruction for prior review and approval, a budget estimating
the cost of operating and administering the intermediate unit
program of services for the ensuing school year.
(b) In May 1971, and annually thereafter in May, the
Superintendent of Public Instruction shall estimate the amount
to be paid by the Commonwealth to each intermediate unit based
upon approved budgets. In July 1971, and annually thereafter
in July, the Commonwealth shall pay to each intermediate unit
an advance payment equal to one-half of such estimated amount.
In December 1971, the Commonwealth shall pay to each
intermediate unit the balance of such estimated amount. In
December 1972, and annually thereafter in December, the
Commonwealth shall pay to each intermediate unit the balance
of the State's share of the budget approved for such school
year, less any State funds paid in the previous school year
which were unexpended or unencumbered at the end of the previous
school year.
(c) In computing approved budget expenditures, the
Superintendent of Public Instruction shall not consider Federal
payments and payments by the Commonwealth on behalf of the
Federal Government.
(918-A added May 4, 1970, P.L.311, No.102)
Section 919-A. Capital Subsidy.--(919-A repealed Aug. 24,
1977, P.L.199, No.59)
Section 919.1-A. Capital Subsidy.--(a) All lease
agreements, security agreements or any other contracts,
instruments or agreements for office space, classrooms,
warehouse space and similar facilities shall be pre-approved
by the Secretary of Education. Loan agreements and mortgages
for office and warehouse facilities shall be pre-approved by
the Secretary of Education. For the 1977-1978 school year and
each school year thereafter, in addition to any payments
required under section 917.1-A, the Commonwealth shall allocate
to the intermediate units, on account of approved lease
agreements, loan agreements, mortgages, security agreements or
any other contracts, instruments or agreements, an amount to
be determined as follows: by obtaining the product of the number
of students in average daily membership (ADM) multiplied by the
median actual instruction expense per weighted average daily
membership of all the school districts, to be further multiplied

by three one-hundredths of one percent (0.03%), based on the

latest actual data available to the Secretary of Education.
(b) The distribution to each intermediate unit shall be
computed by applying the intermediate unit aid ratio to each
approved payment under any such lease agreement, loan agreement,
mortgage, security agreement or other contract, instrument or
agreement. The aid ratio computed initially shall apply as a
minimum for the duration of the lease agreement, loan agreement,
mortgage, security agreement or other contract, instrument or
agreement: Provided, however, That no intermediate unit shall
receive less, on account of approved lease agreements, loan
agreements, mortgages, security agreements or any other
contracts, instruments or agreements, than it received for the
1976-1977 school year.
(c) Where the allocations under this section do not satisfy
reimbursement requirements under any lease agreements,
mortgages, security agreements or any other contracts,
instruments or agreements, each intermediate unit shall receive
a pro rata share of the amount determined by the above formula.
(d) Notwithstanding any provision of this act to the
contrary, for the 1997-1998 school year, each intermediate unit
shall receive the actual payment for capital subsidy which it
received under this section and section 2502.6(b) during the
1996-1997 school year. ((d) added June 25, 1997, P.L.297, No.30)
(e) Notwithstanding any provision of this act to the
contrary, for the 1998-1999 school year and each school year
thereafter, each intermediate unit shall receive the actual
payment for capital subsidy which it received under this section
and section 2502.6 during the 1997-1998 school year. ((e)
amended June 26, 1999, P.L.394, No.36)
(919.1-A amended July 10, 1986, P.L.1270, No.117)
Section 920-A. School District Payments.--(a) Where the
approved budget exceeds the allocation to the intermediate unit,
each school district within the intermediate unit shall
contribute to the intermediate unit a share of the amount by
which the budget exceeds the allocation, computed in the
following manner: (1) Determine a weight factor for each school
district by multiplying the school district's weighted average
daily membership by the difference between 1.0000 and the school
district's aid ratio; (2) determine a value per weight factor
for the intermediate unit by dividing the amount by which the
budget exceeds the allocation by the total weight factors of
all school districts comprising the intermediate unit; and (3)
determine each school district's share by multiplying the value
per weight factor by the weight factor of the school district.
(b) Less than a majority of the school districts comprising
an intermediate unit may contract with the intermediate unit
for services to be provided for the contracting school districts
by the intermediate unit, with the cost of such services to be
paid by the contracting school districts in such manner as they
may agree upon.
(c) If a school district desires to independently provide
a service that is included in the approved program of services
to be offered by an intermediate unit, and the service is to
be financed solely by the school district, and if the
intermediate unit board of directors determines that the quality
of such service is adequate and that such independent action
will not adversely affect the service to be offered to the
remaining districts by the intermediate unit, the intermediate
unit board of directors may relieve the school district of
payment for such service.

(d) Payments due from school districts to an intermediate

unit shall be withheld by the Commonwealth from subsidies
payable to school districts during November and paid to the
intermediate unit not later than January 1 each year.
(920-A added May 4, 1970, P.L.311, No.102)
Section 921-A. Financial Reports.--(a) An annual financial
report shall be submitted to the Secretary of Education by each
intermediate unit not later than the 31st day of October,
together with an auditor's report prepared by an independent
auditor who shall be a certified public accountant or other
competent public accountant. The financial information submitted
in the annual financial report shall be materially consistent
with the audited financial statements. All financial accounting
and reporting by intermediate units to the Department of
Education shall be in accordance with generally accepted
accounting and reporting standards, except that management
discussion and analysis and related notes and the following
financial statements shall not be required components of the
annual financial report: entity-wide financial statements,
including the statement of activities and the statement of net
assets; the reconciliation of the balance sheet - governmental
funds to statement of net assets; and the reconciliation of the
statement of revenues, expenditures and changes in fund
balances - governmental funds to statement of activities. The
Department of Education shall establish a reporting standard
for the annual financial report.
(a.1) By March 1 of each year, the Department of Education
shall post on its publicly accessible Internet website
information included in the intermediate units' annual financial
reports. In posting the information, the Department of Education
shall use a format consistent with the format the Department
of Education uses when posting the annual financial report
information of other local education agencies. ((a.1) amended
July 12, 2012, P.L.1142, No.141)
(b) The Department of Education shall order the forfeiture
penalties provided for under section 2552.1(a.1) against an
intermediate unit for failure to timely submit an annual
financial report.
(921-A amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 921-A, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated
to the extent of the inconsistency.
Section 922-A. Auxiliary Services; Nonpublic School
Children.--(922-A repealed Aug. 1, 1975, P.L.180, No.89)
Section 922.1-A. Auxiliary Services.--(a) Legislative
Finding; Declaration of Policy. The welfare of the Commonwealth
requires that the present and future generation of school age
children be assured ample opportunity to develop to the fullest,
their intellectual capacities. It is the intent of the General
Assembly by this enactment to ensure that the intermediate units
in the Commonwealth shall furnish on an equal basis auxiliary
services to all pupils in the Commonwealth in both public and
nonprofit nonpublic schools.
(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:
"Auxiliary services" means guidance, counseling and testing
services; psychological services; visual services as defined
in section 923.2-A; services for exceptional children; remedial

services; speech and hearing services; services for the

improvement of the educationally disadvantaged (such as, but
not limited to, the teaching of English as a second language),
and such other secular, neutral, nonideological services as are
of benefit to all school children and are presently or hereafter
provided for public school children of the Commonwealth. (Def.
amended Oct. 10, 1980, P.L.924, No.159)
"Nonpublic school" means 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 of this act and which
meet the requirements of Title VI of the Civil Rights Act of
1964 (Pub.L.88-352; 42 U.S.C. Section 2000 et seq).
(c) Program of Auxiliary Services. Students attending
nonpublic schools shall be furnished a program of auxiliary
services which are provided to public school students in the
school district in which their nonpublic school is located. The
program of auxiliary services shall be provided by the
intermediate unit in which the nonpublic school is located, in
accordance with standards of the Secretary of Education. Before
an intermediate unit makes any decision that affects the
opportunities for children attending nonpublic schools to
participate in the auxiliary services provided under this
section, the intermediate unit shall consult with such nonpublic
schools to determine at a minimum: which general categories of
children shall receive services; what services shall be
provided; how and where the services shall be provided; and how
the services shall be evaluated. Such services shall be provided
directly to the nonpublic school students by the intermediate
unit in the schools which the students attend, in mobile
instructional units located on the grounds of such schools or
in any alternative setting mutually agreed upon by the school
and the intermediate unit, to the extent permitted by the
Constitution of the United States and the Constitution of the
Commonwealth of Pennsylvania.
Such auxiliary services shall be provided directly by the
intermediate units and no auxiliary services presently provided
to public school students by the intermediate units and/or
school districts by means of State or local revenues, during
the school year 1974-1975, shall be eliminated. No school
districts shall be required, pursuant to any section of this
act, to offer auxiliary services provided by any other school
districts within such intermediate units.
((c) amended May 10, 2000, P.L.44, No.16)
(d) Allocations. In July of 1977 and annually thereafter
in July, the Secretary of Education shall allocate to each
intermediate unit an amount equal to the number of nonpublic
school students as of October 1 of the preceding school year
who are enrolled in nonpublic schools within the intermediate
unit times seventy-two dollars ($72). The Secretary of Education
shall increase this figure on a proportionate basis whenever
there is an increase in the median actual instruction expense
per WADM as defined in clause (12.1) of section 2501 of this
act. The Commonwealth shall pay to each intermediate unit
fifteen per centum (15%) of its allocation on August 1,
seventy-five per centum (75%) on October 1, and the remaining
ten per centum (10%) on the first day of February. ((d) amended
Aug. 24, 1977, P.L.199, No.59)
(e) Limitations. The intermediate unit shall not use more
than six per centum (6%) of the funds it receives for
administration or eighteen per centum (18%) for rental of
facilities. The Department of Education shall not use more than

one per centum (1%) of the funds it allocates under this section
for administrative expenses. If all funds allocated by the
intermediate units to administration, or rental facilities are
not expended for those purposes, such funds may be used for the
program costs.
(f) Interest. There shall be no adjustment in the allocation
as provided in subsection (d) because of interest earned on the
allocations by the intermediate units. Interest so earned shall
be used for the purpose of this section but shall not be subject
to the limitations of subsection (e).
(g) Preliminary Budget. Annually, each intermediate unit
shall submit to the secretary a preliminary budget on or before
January 31 and a final budget on or before June 15, for the
succeeding year; and shall file a final financial report on or
before October 31 for the preceding year.
(922.1-A added Aug. 1, 1975, P.L.180, No.89)
Compiler's Note: Section 25 of Act 46 of 1998, which amended
subsection (c), provided that the amendment of section
922.1-A shall appply to services provided in the school
year 1998-1999 and each school year thereafter.
Section 923-A. Loan of Textbooks, Instructional Materials
and Instructional Equipment, Nonpublic School Children.--(Hdg.
amended June 22, 2001, P.L.530, No.35) (a) Legislative
Findings; Declaration of Policy. The welfare of the Commonwealth
requires that the present and future generations of school age
children be assured ample opportunity to develop to the fullest
their intellectual capacities. To further this objective, the
Commonwealth provides, through tax funds of the Commonwealth,
textbooks and instructional materials free of charge to children
attending public schools within the Commonwealth. Approximately
one quarter of all children in the Commonwealth, in compliance
with the compulsory attendance provisions of this act, attend
nonpublic schools. Although their parents are taxpayers of the
Commonwealth, these children do not receive textbooks or
instructional materials from the Commonwealth. It is the intent
of the General Assembly by this enactment to assure such a
distribution of such educational aids that every school child
in the Commonwealth will equitably share in the benefits
thereof.
(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:
"Instructional equipment" means instructional equipment,
other than fixtures annexed to and forming part of the real
estate, which is suitable for and to be used by children and/or
teachers. The term includes but is not limited to projection
equipment, recording equipment, laboratory equipment, and any
other educational secular, neutral, non-ideological equipment
as may be of benefit to the instruction of nonpublic school
children and are presently or hereafter provided for public
school children of the Commonwealth.
"Instructional materials" means books, periodicals,
documents, pamphlets, photographs, reproductions, pictorial or
graphic works, musical scores, maps, charts, globes, sound
recordings, including but not limited to those on discs and
tapes, processed slides, transparencies, films, filmstrips,
kinescopes, and video tapes, or any other printed and published
materials of a similar nature made by any method now developed
or hereafter to be developed. The term includes such other
secular, neutral, non-ideological materials as are of benefit

to the instruction of nonpublic school children and are

presently or hereafter provided for public school children of
the Commonwealth.
"Instructional materials" means pre-prepared learning
materials which are secular, neutral and nonideological in
character and are of benefit to the instruction of school
children on an individual basis and are presently or hereafter
provided for public school children of the Commonwealth. (Def.
added Aug. 1, 1975, P.L.183, No.90)
"Nonpublic school" means any 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 of this act and which meet the
requirements of Title VI of the Civil Rights Act of 1964 (Public
Law 88-352).
"Textbooks" means books, workbooks, including reusable and
non-reusable workbooks, and manuals, whether bound or in
looseleaf form, intended for use as a principal source of study
material for a given class or group of students, a copy of which
is expected to be available for the individual use of each pupil
in such class or group. Such textbooks shall be textbooks which
are acceptable for use in any public, elementary, or secondary
school of the Commonwealth. (Def. amended July 18, 1974,
P.L.475, No.169)
(c) Loan of Textbooks, Instructional Materials and
Instructional Equipment. The Secretary of Education directly,
or through the intermediate units, shall have the power and
duty to purchase textbooks, instructional materials and
instructional equipment and, upon individual request, to loan
them to all children residing in the Commonwealth who are
enrolled in grades kindergarten through twelve of a nonpublic
school. Such textbooks, instructional materials and
instructional equipment shall be loaned free to such children
subject to such rules and regulations as may be prescribed by
the Secretary of Education, due regard being had to the
feasibility of making loans of particular instructional
materials and instructional equipment on an individual basis.
((c) amended June 22, 2001, P.L.530, No.35)
(d) Purchase of Textbooks, Instructional Materials and
Instructional Equipment. The secretary shall not be required
to purchase or otherwise acquire textbooks, pursuant to this
section, the total cost of which, in any school year, shall
exceed an amount equal to twelve dollars ($12) for the school
year 1973-1974, fifteen dollars ($15) for the school year
beginning July 1, 1974 and twenty dollars ($20) for each school
year thereafter or instructional materials and instructional
equipment, the total cost of which, in any school year, shall
exceed an amount equal to ten dollars ($10), multiplied by the
number of children residing in the Commonwealth who on the first
day of October of the school year immediately preceding are
enrolled in grades kindergarten through twelve of a nonpublic
school. ((d) amended June 22, 2001, P.L.530, No.35)
(e) Purchase of Instructional Materials and Equipment.--((e)
deleted by amendment Aug. 1, 1975, P.L.183, No.90)
(923-A added July 12, 1972, P.L.863, No.195)
Compiler's Note: Act Nos. 88 and 90 of 1975 amended subsec.
(d). The amendment by Act 90 overlooked the amendment
by Act 88 but the amendments do not conflict in substance
and both have been given effect in setting forth the
text the section.

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.
(923.1-A added Sept. 26, 1978, P.L.771, No.147)
Section 923.2-A. Visual Services.--(a) Legislative Finding;
Declaration of Policy. Defects in vision are health-related.
It is today recognized that the diagnosis and evaluation of
those defects and the rendering of instruction in skills
appropriate for the education, safety and independence of
children afflicted by visual impairments 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, evaluative
and instructional services for such 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. As used in this section:
"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).
"Visual services" means diagnostic, evaluative and
instructional visual 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 shall have the power and duty

to furnish free to nonpublic school students, upon the premises

of the nonpublic schools which they regularly attend, services
adequate for the diagnosis and evaluation of visual defects and
instruction and training in skills advisable for the education,
independence and safety of such children, including but not
limited to mobility training, provided that such services are
also afforded to public school students by the public school
district in which such nonpublic school is located.
(923.2-A added Oct. 10, 1980, P.L.924, No.159)
Section 924-A. Annual Reports.--(a) On or before January
1, 1975, and annually thereafter by the first of January, the
Secretary of Education shall submit to the members of the
General Assembly of the Commonwealth of Pennsylvania a report
on the operation of the intermediate units for the purpose of
enabling said members to evaluate the system inaugurated on
July 1, 1971 in accordance with their constitutional obligation
to maintain and support a thorough and efficient system of
public education.
(b) In addition to written text, this report may include
such graphic or statistical data as the Secretary of Education
considers of use for a legislative evaluation of the report.
(c) In order that this report will provide an effective
comparison with the prior system of county superintendents, the
initial report shall contain the following information:
(1) A brief description of the specific services provided
by each unit.
(2) A brief description of the services formerly supplied
through the county superintendents of the districts which now
comprise the intermediate unit.
(3) A comparison of the number and types of persons
employed, full-time and part-time, by each intermediate unit
with those formerly employed through the county superintendents
of the districts which now comprise the intermediate unit.
(4) A comparison of the total costs and the per pupil costs
of (i) capital outlay, (ii) equipment, (iii) overhead, and (iv)
salaries for each intermediate unit with those formerly borne
through the county superintendents of the districts which now
comprise the intermediate unit.
(5) An analysis of the sources of revenue maintaining each
intermediate unit, i.e., the amount derived from (i) local
taxes, (ii) State reimbursement, (iii) private contracts for
services, and (iv) Federal funds.
(d) The same information shall be provided in subsequent
annual reports except that comparisons shall be drawn with the
preceding report of intermediate unit activity rather than with
the system of county superintendents. The obligation to submit
this report shall cease after June 30, 1980, unless specifically
reenacted by the General Assembly.
(924-A added Apr. 4, 1974, P.L.243, No.57)
ARTICLE X.
DISTRICT SUPERINTENDENTS AND
ASSISTANT DISTRICT SUPERINTENDENTS.
(Art. hdg. amended June 30, 2011, P.L.112, No.24)
(a)

Provisions of General Application.

Section 1001. Purpose.--For the superintendence and

supervision of the public schools of this Commonwealth, there
shall be elected or appointed, in the manner herein provided,
district superintendents, and assistant district
superintendents.

(1001 amended June 30, 2011, P.L.112, No.24)

Section 1002. Good Moral Character.--Every person elected
or appointed as district or assistant district superintendent
must be a person of good moral character.
(1002 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1003. Eligibility.--(a) Except as otherwise
provided in subsections (b) and (b.1), no person shall receive
a letter of eligibility or be elected or appointed as a district
superintendent or assistant district superintendent, unless-(1) He holds a diploma from a college or other institution
approved by the Department of Education;
(2) He has had six (6) years' successful teaching
experience, not less than three of which shall have been in a
supervisory or administrative capacity;
(3) He has completed in a college or university a graduate
program in education approved by the Department of Education
that includes the Pennsylvania school leadership standards under
section 1217. Completion of the program shall not be subject
to waiver under section 1714-B unless the candidate provides
to the Secretary of Education evidence that the candidate has
successfully completed an equivalent leadership development
program that addresses the school leadership standards under
section 1217.
(4) Provided that in school districts of the first class,
five (5) years of administrative experience at the level of
assistant, associate or deputy superintendent, may be
substituted for prescribed graduate administrative courses, and
which shall be the responsibility of the Secretary of Education
to review these equivalences to conform with State board
regulations.
(b) Notwithstanding the requirements of subsection (a), a
person shall be eligible for election or appointment as a
district superintendent or assistant district superintendent
if he holds a graduate degree from an accredited higher
education institution in business, finance or management and
has at least four (4) years of relevant experience in business,
finance or management.
(b.1) Notwithstanding the requirements of subsection (a),
a person shall be eligible for election or appointment as a
district superintendent or assistant district superintendent
if he holds a juris doctorate degree from an accredited law
school and has at least four (4) years of relevant experience
in law. This subsection shall expire three (3) years from the
effective date of this subsection. A person who is issued a
commission by the department based on satisfaction of the
requirements of this subsection may retain his commission after
the expiration of this subsection.
(b.2) The department shall, upon request in a form and
manner as prescribed by the department and made available on
the department's publicly accessible Internet website, confirm
that an individual satisfies the requirements of subsection (b)
or (b.1) and that the individual is eligible for election or
appointment as a district superintendent or assistant district
superintendent. Upon a school district's hiring of an individual
who satisfies the requirements of subsection (b) or (b.1), the
department shall issue the individual a commission.
(c) Notwithstanding the provisions of sections 1205.1(f),
1205.2(n.1) and 1205.5(h), a person elected or appointed as a
district superintendent or assistant district superintendent
for the first time in this Commonwealth under subsection (b)
or (b.1) shall successfully complete a leadership development

program that meets the Pennsylvania school leadership standards

under section 1217.
(1003 amended June 30, 2012, P.L.684, No.82)
Section 1004. Oath of Office.--Every person elected or
appointed as executive director of the intermediate unit,
district superintendent, assistant executive director of the
intermediate unit, or district superintendent shall, before
entering upon the duties of his office, subscribe to and take,
before the Superintendent of Public Instruction, or before any
judge of a court of common pleas in this Commonwealth, the same
oath or affirmation as has herein been prescribed to be taken
by persons elected to the office of school director. Such oath
or affirmation, being attested by the Superintendent of Public
Instruction or judge, shall be filed in the office of the
Superintendent of Public Instruction.
(1004 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1005. Enforcement of Branches of Study; Withholding
State Appropriations.--It shall be the duty of each district
superintendent to see that in every district there shall be
taught the several branches required by this act, as well as
such other branches as the board of school directors may
require.
In case the board of school directors of any school district
shall fail to provide competent teachers to teach the several
branches required in this act, it shall be the duty of the
district superintendent to notify the board of school directors,
in writing, of its neglect. In case provision is not made
forthwith for teaching of branches aforesaid, he shall report
such fact to the Superintendent of Public Instruction, whose
duty it shall be to withhold any order for such district's share
of the State appropriation until the district superintendent
shall notify him that competent teachers of such branches have
been employed. In case of neglect or refusal by the board of
school directors to employ competent teachers, for one month
after receiving notice from the district superintendent that
such teachers have not been provided, such district shall
forfeit absolutely its whole share of the State appropriation
for that year.
(1005 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1006. Reports.--Every district superintendent shall
annually, on or before the first Monday of August, forward to
the Superintendent of Public Instruction the reports of the
several school districts under his supervision, and shall
accompany the same with such extended report of the public
schools under his supervision as he may think proper, suggesting
such improvements or changes in the public school system as he
may see fit to suggest. He shall further furnish to the
Superintendent of Public Instruction, whenever required so to
do, such additional reports and information as the
Superintendent of Public Instruction may request.
(1006 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1007. Not to Engage in Teaching; Exceptions.--No
executive director of the intermediate unit, district, or
assistant district superintendent or assistant executive
director of an intermediate unit in this Commonwealth shall
engage in the business or profession of teaching in this
Commonwealth, unless it is done without any other compensation
than that paid to him as such superintendent: Provided, That
he may receive compensation for services in a summer school,
maintained in a State college or university, or other college
or university, devoted to the training of teachers, or for
services rendered evenings or Saturdays during the school term,

to any such college or university, if he is released for such

service by the board of school directors of the district in
which he is employed.
(1007 amended Nov. 9, 1973, P.L.334, No.111)
Section 1008. Additional Compensation and Interest in Sale
or Adoption of Books or Supplies Prohibited.--No executive
director of the intermediate unit, district, or assistant
district superintendent or assistant executive director of an
intermediate unit shall receive any compensation for services
rendered in connection with the public schools under his
jurisdiction except the compensation herein provided. No
executive director of the intermediate unit, district, or
assistant district superintendent or assistant executive
director of an intermediate unit who is engaged as such, or any
person who is an applicant for such position, shall be an agent
for, nor shall he be in any way financially interested in, the
sale or adoption of any book or books or supplies in the county
or district in which he is engaged, or in which he is an
applicant for such position.
(1008 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1009. Influencing Elections; Penalty.--Any person
who shall, either directly or indirectly, pay or give to a
school director any sum of money, or other thing of value, for
his vote or support in the election of an executive director
or assistant executive director of an intermediate unit, or
district or assistant district superintendent, or pay or give
to a school director any or all of his expenses incurred in and
about the convention for the election of an executive director
or assistant executive director of an intermediate unit, or
district or assistant district superintendent, shall be guilty
of a misdemeanor, and on conviction thereof shall be sentenced
to pay a fine of not less than five dollars ($5) or more than
five hundred dollars ($500), or to undergo imprisonment for not
less than thirty (30) days, or more than one (1) year, either
or both, at the discretion of the court. In addition thereto,
he shall forever thereafter be disqualified from holding the
office of executive director or assistant executive director
of an intermediate unit, district superintendent, assistant
district superintendent, school director, or any other office
in the public school system of this Commonwealth.
(1009 amended Jan. 14, 1970, 1969 P.L.468, No.192)
(b)

County Superintendents.

Section 1021. Election.--(1021 repealed Jan. 14, 1970, 1969

P.L.468, No.192)
Section 1022. Time and by Whom Elected; Term of
Office.--(1022 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1023. Notice of Convention to Elect County
Superintendents.--(1023 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1024. Compensation and Mileage.--(1024 repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1025. Officers of Convention.--(1025 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 1026. Candidates' Proof of Eligibility.--(1026
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1027. List of Directors Entitled to Vote; Method
of Voting.--(1027 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1028. Election Papers Filed with
Prothonotary.--(1028 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)

Section 1029. Certification of Results of Election.--(1029

repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1030. Commission from Superintendent of Public
Instruction.--(1030 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1031. Objections to Election; Hearing.--(1031
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1032. Costs of Hearing.--(1032 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
Section 1033. Appointment if Objections Sustained.--(1033
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1034. Removal for Cause.--(1034 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
Section 1035. Vacancies; Substitutes.--(1035 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 1036. New Counties.--(1036 repealed Jan. 14, 1970,
1969 P.L.468, No.192)
Section 1037. Duties.--(1037 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1038. Inspection of School Grounds and
Buildings.--(1038 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1039. County to Furnish Office Rooms, etc.--(1039
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1040. Telephone, Typewriter and Stenographer
Furnished by County.--(1040 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1041. Telephone, Typewriter and Stenographic
Services in Counties Second Class.--(1041 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
(c)

Assistant County Superintendents and

Supervisors of Special Education.

Section 1051. Number of Assistant County

Superintendents.--(1051 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1052. Number of Supervisors of Special
Education.--(1052 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1053. Appointment of Assistant
Superintendents.--(1053 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1054. Supervisors of Special Education;
Qualifications; Appointment.--(1054 repealed Jan. 14, 1970,
1969 P.L.468, No.192)
Section 1055. Certification of Appointments; Commissions;
Appointments by Superintendent of Public Instruction.--(1055
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1056. Vacancies; Substitutes.--(1056 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 1057. Removal for Cause.--(1057 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
Section 1058. Duties of Assistant County
Superintendents.--(1058 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1059. Duties of Supervisors of Special
Education.--(1059 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1060. Further Duties of Assistant County
Superintendents and Supervisors of Special Education.--(1060
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
(c.1) Technical Personnel.
((c.1) added Aug. 10, 1951, P.L.1150, No.254)

Section 1061. Number of Technical Personnel; Qualifications;

Appointment.--(1061 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1062. Salaries; Duties.--(1062 repealed Jan. 14,
1970, 1969 P.L.468, No.192)
Section 1063. Vacancies; Substitutes.--(1063 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
(d) Salaries and Expenses of County
Superintendents, Assistant County
Superintendents, and Supervisors of
Special Education.
Section 1066. Minimum Salaries; Payment.--(1066 repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1067. Additional Salaries; Payment.--(1067 repealed
Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1068. Expenses.--(1068 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
(e) District Superintendents and
Assistant District Superintendents.
Section 1071. Election.--(a) The board of school directors
in every school district shall, by a majority vote of all the
members thereof, elect a properly qualified person as district
superintendent, together with such properly qualified assistant
superintendents as it deems wise. If a district superintendent
has jurisdiction over a joint school system including grades 1
to 12, he shall be elected by a majority vote of all the school
directors in the districts operating the joint school system.
(b) Any person in the employ of a school district as a
supervising principal during the school year 1969-1970 shall
be issued a commission by the Superintendent of Public
Instruction if elected as district superintendent for a term
beginning July 1, 1970, and shall serve as district
superintendent in the employing school district for a term
ending June 30, 1974, and thereafter shall be eligible for
election as district superintendent in any school district in
the Commonwealth.
(1071 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1072. Creating Office in Districts Third
Class.--(1072 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1072.1. Discontinuance of Office in Districts Third
Class.--(1072.1 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1072.2. (1072.2 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1073. Manner of Election or Approval.--(a) The
board of school directors of each school district shall meet
at its regular place of meeting, during the last year of the
term of the district superintendent or at any other time when
a vacancy shall occur in the office of district superintendent,
at an hour previously fixed by the board. The secretary of each
board of school directors shall mail to each member thereof at
least five days beforehand, a notice of the time, place and
purpose of such meeting. At such meeting the board shall elect
or approve a properly qualified district superintendent to enter
into a contract to serve a term of three to five years from the
first day of July next following his election or from a time
mutually agreed upon by the duly elected district superintendent
and the board of school directors. The contract shall be subject

to the act of February 14, 2008 (P.L.6, No.3), known as the

"Right-to-Know Law."
(b) At a regular meeting of the board of school directors
occurring at least one hundred fifty (150) days prior to the
expiration date of the term of office of the district
superintendent, the agenda shall include an item requiring
affirmative action by five or more members of the board of
school directors to notify the district superintendent that the
board intends to retain him for a further term of three (3) to
five (5) years or that another or other candidates will be
considered for the office. In the event that the board fails
to take such action at a regular meeting of the board of school
directors occurring at least one hundred fifty (150) days prior
to the expiration date of the term of office of the district
superintendent, he shall continue in office for a further term
of similar length to that which he is serving.
(c) ((c) repealed Jan. 14, 1970, 1969 P.L.468, No.192)
(d) The term of office or commission of a district
superintendent or assistant district superintendent shall not
be shortened by reason of the fact that the district in which
he serves shall become part of a joint school, or by reason of
the fact that the district in which he serves shall become a
part of a new school district established as the result of
reorganization of school districts pursuant to Article II.,
subdivision (i) or section 224 of this act. Any district
superintendent, assistant district superintendent or supervising
principal not selected as the district superintendent of the
joint school or newly established school district in which the
district he serves becomes a part shall be assigned to a
position or office for which he is eligible: Provided, however,
That in a new school district reorganized under Article II.,
subdivision (i) or section 224 of this act, he shall be assigned
to a position or office which is administrative or supervisory
in nature only, but there shall be no reduction in salary until
the expiration of his commission. Thereafter, unless elected
to an office requiring a commission he shall have the status
of a professional employe: Provided, That the board of school
directors may adjust the salary according to the classification
of the position to which he may be assigned, and that the period
of service as a commissioned district superintendent, assistant
district superintendent or associate superintendent shall be
counted as time served as a professional employe in determining
his seniority rights.
(e) The following shall apply:
(1) Notwithstanding any other provision of law, no
individual shall be employed as a district superintendent or
assistant district superintendent by a school district except
pursuant to a written contract of employment expressly stating
the terms and conditions of employment.
(2) A contract for the employment of a district
superintendent or assistant district superintendent shall do
all of the following:
(i) Contain the mutual and complete agreement between the
district superintendent or assistant district superintendent
and the board of school directors with respect to the terms and
conditions of employment.
(ii) Consistent with State Board of Education certification
requirements, specify the duties, responsibilities, job
description and performance expectations, including performance
standards and assessments provided for under section 1073.1.

(iii) Incorporate all provisions relating to compensation

and benefits to be paid to or on behalf of the district
superintendent or assistant district superintendent.
(iv) Specify the term of employment and state that the
contract shall terminate immediately, except as otherwise
provided under this section, upon the expiration of the term
unless the contract is allowed to renew automatically under
subsection (b).
(v) Specify the termination, buyout and severance
provisions, including all postemployment compensation and the
period of time in which the compensation shall be provided.
Termination, buyout and severance provisions may not be modified
during the course of the contract or in the event a contract
is terminated prematurely.
(vi) Contain provisions relating to outside work that may
be performed, if any.
(vii) State that any modification to the contract must be
in writing.
(viii) State that the contract shall be governed by the
laws of this Commonwealth.
(ix) Limit compensation for unused sick leave in new
employment contracts entered into after the effective date of
this subsection for district superintendents or assistant
district superintendents who have no prior experience as a
district superintendent or assistant district superintendent
to the maximum compensation for unused sick leave under the
school district's administrator compensation plan under section
1164 in effect at the time of the contract.
(x) Limit transferred sick leave from previous employment
to not more than thirty (30) days in new employment contracts
after the effective date of this subsection for district
superintendents or assistant district superintendents who have
no prior experience as a district superintendent or assistant
district superintendent.
(xi) Specify postretirement benefits and the period of time
in which the benefits shall be provided.
(3) No agreement between the board of school directors and
a district superintendent or assistant district superintendent
for a negotiated severance of employment prior to the end of
the specified contract term shall provide for severance
compensation to the district superintendent or assistant
district superintendent, including the reasonable value of any
noncash severance benefits or postemployment benefits not
otherwise accruing under the contract or pursuant to law, that:
(i) If the agreement takes effect two (2) years or more
prior to the end of the specified contract term, exceeds the
equivalent of one (1) year's compensation and benefits otherwise
due under the contract.
(ii) If the agreement takes effect less than two (2) years
prior to the end of the specified contract term, exceeds the
equivalent of one-half of the total compensation and benefits
due under the contract for the remainder of the term.
(1073 amended June 30, 2012, P.L.684, No.82 and July 12,
2012, P.L.1142, No.141)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 20 of Act 141 of 2012, which amended section
1073, provided that the amendment of section 1073 shall
apply to contracts of district superintendents or

assistant district superintendents entered into or renewed

on or after the effective date of section 20.
Section 1073.1. Performance Review.--(a) In addition to
any other requirements provided for under this act, the
employment contract for a district superintendent or assistant
district superintendent shall include objective performance
standards mutually agreed to in writing by the board of school
directors and the district superintendent or assistant district
superintendent. The objective performance standards may be based
upon the following:
(1) achievement of annual measurable objectives established
by the school district;
(2) achievement on Pennsylvania System of School Assessment
(PSSA) tests;
(3) achievement on Keystone Exams;
(4) student growth as measured by the Pennsylvania
Value-Added Assessment System;
(5) attrition rates or graduation rates;
(6) financial management standards;
(7) standards of operational excellence; or
(8) any additional criteria deemed relevant and mutually
agreed to by the board of school directors and the district
superintendent or assistant district superintendent.
(b) The board of school directors shall conduct a formal
written performance assessment of the district superintendent
and assistant district superintendent annually. A time frame
for the assessment shall be included in the contract.
(b.1) The board of school directors shall post the mutually
agreed to objective performance standards contained in the
contract on the school district's publicly accessible Internet
website. Upon completion of the annual performance assessment,
the board of school directors shall post the date of the
assessment and whether or not the district superintendent and
assistant district superintendent have met the agreed-to
objective performance standards on the school district's
publicly accessible Internet website.
(c) The State Board of Education may promulgate regulations
pursuant to the act of June 25, 1982 (P.L.633, No.181), known
as the "Regulatory Review Act," in order to implement this
section.
(1073.1 added June 30, 2012, P.L.684, No.82 and July 12,
2012, P.L.1142, No.141)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 20 of Act 141 of 2012, which added section
1073.1, provided that section 1073.1 shall apply to
contracts of district superintendents or assistant
district superintendents entered into or renewed on or
after the effective date of section 20.
Section 1074. Districts Having no Superintendent.--(1074
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1075. Salary.--The board of school directors at any
convention electing a district superintendent or an assistant
district superintendent shall determine the amount of salary
to be paid such district superintendent or assistant district
superintendent which compensation shall be paid out of the funds
of the district. If a district superintendent or an assistant
district superintendent is employed in a joint school system
including kindergarten or grades 1 to 12, his salary shall be
fixed by a majority vote of all the school directors in the

districts operating the joint school systems, and shall be paid

by the districts in the same proportions as they contribute to
the support of the joint school.
District superintendents and assistant district
superintendents shall be entitled to the following minimum
annual salaries:
(1) Assistant district superintendents having less than one
hundred (100) teachers under their supervision, nine thousand
dollars ($9,000).
(2) Assistant district superintendents having one hundred
(100) teachers or more but less than three hundred (300)
teachers under their supervision, ten thousand dollars
($10,000).
(3) Assistant district superintendents having three hundred
(300) or more teachers under their supervision, eleven thousand
dollars ($11,000).
(4) District superintendents having less than one hundred
(100) teachers under their supervision, thirteen thousand
dollars ($13,000).
(5) District superintendents having one hundred (100)
teachers or more but less than three (300) teachers under their
supervision, fourteen thousand dollars ($14,000).
(6) District superintendents having three hundred (300) or
more teachers under their supervision, fifteen thousand dollars
($15,000).
(1075 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1076. Election of Assistant District
Superintendents.-- Assistant district superintendents shall be
chosen by a majority vote of all the members of the board of
school directors of the district, for a term of three to five
years upon the nomination by the district superintendent.
(1076 amended June 30, 2012, P.L.684, No.82 and July 12,
2012, P.L.1142, No.141)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 20 of Act 141 of 2012, which amended section
1076, provided that the amendment of section 1076 shall
apply to contracts of district superintendents or
assistant district superintendents entered into or renewed
on or after the effective date of section 20.
Section 1077. Term and Salary of Assistants.--(a) Assistant
district superintendents may serve through the term of the
district superintendent, or enter a contract for a term of three
to five years at salaries paid by the district, and fixed by a
majority vote of the whole board of school directors prior to
their election. The contract shall be subject to the act of
February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
Law."
(b) At a regular meeting of the board of school directors
occurring at least one hundred fifty (150) days prior to the
expiration date of the term of office of the assistant district
superintendent, the agenda shall include an item requiring
affirmative action by five (5) or more members of the board of
school directors to notify the assistant district superintendent
that the board intends to retain him for a further term of three
(3) to five (5) years or that another or other candidates will
be considered for the office. In the event that the board fails
to take such action at a regular meeting of the board of school
directors occurring at least one hundred fifty (150) days prior
to the expiration date of the term of office of the assistant

district superintendent, he shall continue in office for a

further term of similar length to that which he is serving.
(1077 amended June 30, 2012, P.L.684, No.82 and July 12,
2012, P.L.1142, No.141)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 20 of Act 141 of 2012, which amended section
1077, provided that the amendment of section 1077 shall
apply to contracts of district superintendents or
assistant district superintendents entered into or renewed
on or after the effective date of section 20.
Section 1078. Commissions.--District superintendents and
assistant district superintendents shall be commissioned by the
Secretary of Education.
(1078 amended June 30, 2012, P.L.684, No.82 and July 12,
2012, P.L.1142, No.141)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 20 of Act 141 of 2012, which amended section
1078, provided that the amendment of section 1078 shall
apply to contracts of district superintendents or
assistant district superintendents entered into or renewed
on or after the effective date of section 20.
Section 1079. Vacancies; Acting and Substitute
Superintendents and Assistants.-- Whenever a board of school
directors finds it impossible or impracticable to fill
immediately any vacancy occurring in the position of district
superintendent or assistant district superintendent, the board
may appoint an acting district superintendent or an acting
assistant district superintendent to serve not longer than one
year from the time of his appointment.
When a leave of absence has been granted to any district
superintendent or assistant district superintendent, and it is
deemed necessary or desirable, the board of school directors
may appoint a substitute district superintendent or assistant
district superintendent to serve for such period of time as the
regular district superintendent or assistant district
superintendent is absent on leave.
(1079 amended Jan. 16, 1974, P.L.1, No.1)
Section 1080. Removal.--(a) District superintendents and
assistant district superintendents may be removed from office
and have their contracts terminated, after hearing, by a
majority vote of the board of school directors of the district,
for neglect of duty, incompetency, intemperance, or immorality,
of which hearing notice of at least one week has been sent by
mail to the accused, as well as to each member of the board of
school directors.
(b) The board of school directors shall publicly disclose
at the next regularly scheduled monthly meeting the removal of
a district superintendent or assistant district superintendent
from office under subsection (a).
(c) Proceedings under this section shall be held under 2
Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of
local agencies).
(1080 amended June 30, 2012, P.L.684, No.82 and July 12,
2012, P.L.1142, No.141)

Compiler's Note: See section 34 of Act 82 of 2012 in the

appendix to this act for special provisions relating to
applicability.
Section 20 of Act 141 of 2012, which amended section
1080, provided that the amendment of section 1080 shall
apply to contracts of district superintendents or
assistant district superintendents entered into or renewed
on or after the effective date of section 20.
Section 1081. Duties of Superintendents.--The duties of
district superintendents shall be to visit personally as often
as practicable the several schools under his supervision, to
note the courses and methods of instruction and branches taught,
to give such directions in the art and methods of teaching in
each school as he deems expedient and necessary, and to report
to the board of school directors any insufficiency found, so
that each school shall be equal to the grade for which it was
established and that there may be, as far as practicable,
uniformity in the courses of study in the schools of the several
grades, and such other duties as may be required by the board
of school directors. The district superintendent shall have a
seat on the board of school directors of the district, and the
right to speak on all matters before the board, but not to vote.
(1081 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1082. Duties of Assistants.--Assistant district
superintendents shall perform such duties as may be assigned
them by the boards of school directors or by the district
superintendents.
Section 1083. Annexation and Consolidation of
Districts.--When any school district, having a district
superintendent, is annexed to and becomes a part of another
school district, the district superintendent therein shall
become an assistant district superintendent in the district to
which such school district is annexed, for the remainder of his
term. When two school districts are consolidated as a result
of the consolidation of two boroughs, then the district
superintendent of the district having the larger public school
enrollment shall become the district superintendent of the
consolidated district. The superintendent representing the
smaller school enrollment shall become assistant superintendent
in the consolidated district.
Section 1083.1. Reorganization of Districts.--(a) When two
or more school districts, each having a district superintendent,
form a joint school or union or merged school district, the
board of school directors of the joint school or union or merged
district shall select a district superintendent from one of the
component districts regardless of seniority or rating as
supervising principal or district superintendent of the joint
school or union or merged district. Remaining district
superintendent or superintendents shall be assigned, without
reduction in pay, to positions or offices within the school
system until the expiration of his commission.
(b) When two or more school districts in which one or more
employ a district superintendent and one or more employ a
supervising principal, form a joint school or union or merged
district, the board of school directors of the joint school or
union or merged district shall select a district superintendent
from one of the component districts, regardless of seniority
or rating as supervising principal or district superintendent
of the joint school or union or merged district. The board of
school directors shall assign district superintendents and
supervising principals not selected as district superintendent

of the joint school district to positions of administration or

supervision or to offices for which they are certificated.
(c) The interim operating committee of each school district
established as the result of reorganization of school districts
pursuant to Article II., subdivision (i) of this act, shall
appoint a district superintendent for the newly established
school district. If the person selected is chosen from among
incumbent district superintendents or supervising principals
of the component school districts forming the newly established
school district, the selection may be made without regard to
seniority or rating as district superintendent or supervising
principal. Incumbent district superintendents of the component
school districts forming the newly established school district
shall be assigned to positions or offices which are
administrative or supervisory in nature only without reduction
in pay until the expiration of their commissions. Incumbent
supervising principals shall be assigned to positions or offices
for which they are certificated, and their salaries may be
adjusted according to the classification of the positions or
offices to which they are assigned.
(1083.1 amended Jan. 14, 1970, 1969 P.L.468, No.192)
(f) Supervisors.
((f) repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1084. Number of Supervisors.--(1084 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 1085. Supervisors' Qualifications;
Appointment.--(1085 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1086. Salaries.--(1086 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1087. Duties of Supervisors.--(1087 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 1088. Vacancies; Substitutes.--(1088 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 1089. Business Administrator.--(a) A governing
board of a school entity may employ or continue to employ a
person serving in the function of business administrator of the
school entity who shall perform such duties as the governing
board may determine, including, but not limited to, the business
responsibilities specified in section 433 of this act.
(b) The governing board may enter into a written employment
agreement with a person hired after the effective date of this
section to serve as a business administrator or into an amended
or renewed agreement with a person serving in that function as
of such effective date. The agreement may define the period of
employment, salary, benefits, other related matters of
employment and provisions of renewal and termination of the
agreement.
(c) Unless otherwise specified in an employment agreement,
the governing board shall, after due notice, giving the reasons
therefor, and after hearing if demanded, have the right at any
time to remove a business administrator for incompetency,
intemperance, neglect of duty, violation of any of the school
laws of this Commonwealth or other improper conduct.
(d) A person serving as business administrator shall not
be a member of the governing board of the school entity.
(e) A person serving as business administrator may serve
as secretary or treasurer of the governing board.

(f) For purposes of this section, the term "school entity"

shall mean a school district, intermediate unit or an area
vocational-technical school. The term "governing board" shall
mean the board of directors or joint board of such entity.
(1089 added July 8, 1989, P.L.253, No.43)
(g) Special Districts.
((g) repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1091. Services Provided Through Office of County
Superintendent.--(1091 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
ARTICLE XI.
PROFESSIONAL EMPLOYES.
(a)

Definitions.

Section 1101. Definitions.--As used in this article,

(1) The term "professional employe" shall include those who
are certificated as teachers, supervisors, supervising
principals, principals, assistant principals, vice-principals,
directors of vocational education, dental hygienists, visiting
teachers, home and school visitors, 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.
(2) The term "substitute" shall mean any individual who has
been employed to perform the duties of a regular professional
employe during such period of time as the regular professional
employe is absent on sabbatical leave or for other legal cause
authorized and approved by the board of school directors or to
perform the duties of a temporary professional employe who is
absent.
(3) The term "temporary professional employe" shall mean
any individual who has been employed to perform, for a limited
time, the duties of a newly created position or of a regular
professional employe whose services have been terminated by
death, resignation, suspension or removal.
(1101 amended Nov. 30, 1971, P.L.546, No.144)
((b) Employment.
Section 1106. Duty to Employ.--The board of school directors
in every school district shall employ the necessary qualified
professional employes, substitutes and temporary professional
employes to keep the public schools open in their respective
districts in compliance with the provisions of this act. Except
for school districts of the first class and first class A which
may require residency requirements for other than professional
employes, substitutes and temporary professional employes, no
other school district shall require an employe to reside within
the school district as a condition for appointment or continued
employment.
(1106 amended June 22, 2001, P.L.530, No.35)
Compiler's Note: Section 3 of Act 36 of 1981, which amended
section 1106, provided that a residency requirement
authorized for school districts of the first class or
first class A, pursuant to section 1106, shall not apply

to any person who is an employe of such school district

on the date of enactment of Act 36.
Section 1107. Special Teachers.--The board of school
directors in every school district may employ such special
teachers, including special teachers who speak the idiomatic
or colloquial language of immigrants residing in the school
district, for the purpose of easing the transition period of
such immigrants, qualified as herein provided, as they may deem
necessary for any of the public schools or departments thereof
in the district.
(1107 amended Mar. 19, 1970, P.L.189, No.73)
Section 1108. Temporary Professional Employes.--(a) It
shall be the duty of the district superintendent to notify each
temporary professional employe, at least twice each year during
the period of his or her employment, of the professional
quality, professional progress, and rating of his or her
services. No temporary professional employe shall be dismissed
unless rated unsatisfactory, and notification, in writing, of
such unsatisfactory rating shall have been furnished the employe
within ten (10) days following the date of such rating. The
rating of a temporary professional employe shall be done as
provided in section one thousand one hundred twenty-three of
this act.
(b) (1) A temporary professional employe initially employed
by a school district prior to June 30, 1996, whose work has
been certified by the district superintendent to the secretary
of the school district, during the last four (4) months of the
second year of such service, as being satisfactory shall
thereafter be a "professional employe" within the meaning of
this article.
(2) A temporary professional employe initially employed by
a school district, on or after June 30, 1996, whose work has
been certified by the district superintendent to the secretary
of the school district, during the last four (4) months of the
third year of such service, as being satisfactory shall
thereafter be a "professional employe" within the meaning of
this article.
(3) The attainment of the status under paragraph (1) or (2)
shall be recorded in the records of the board and written
notification thereof shall be sent also to the employe. The
employe shall then be tendered forthwith a regular contract of
employment as provided for professional employes. No
professional employe who has attained tenure status in any
school district of this Commonwealth shall thereafter be
required to serve as a temporary professional employe before
being tendered such a contract when employed by any other part
of the public school system of the Commonwealth.
(c) (1) Any temporary professional employe employed by a
school district prior to June 30, 1996, who is not tendered a
regular contract of employment at the end of two years of
service, rendered as herein provided, shall be given a written
statement signed by the president and secretary of the board
of school directors and setting forth explicitly the reason for
such refusal.
(2) Any temporary professional employe employed by a school
district after June 30, 1996, who is not tendered a regular
contract of employment at the end of three years of service,
rendered as herein provided, shall be given a written statement
signed by the president and secretary of the board of school
directors and setting forth explicitly the reason for such
refusal.

(d) Temporary professional employes shall for all purposes,

except tenure status, be viewed in law as full-time employes,
and shall enjoy all the rights and privileges of regular
full-time employes.
(1108 amended Mar. 29, 1996, P.L.47, No.16)
Compiler's Note: Section 5 of Act 16 of 1996, which amended
section 1108, provided that nothing contained in the
amendment shall supersede or preempt any provisions of
an existing collective bargaining agreement between a
school entity and an employee organization that is in
effect on the effective date of section 5. For the
purpose of this subsection, a "school entity" shall mean
a school district, joint school district, intermediate
unit or area vocational-technical school.
Section 1109. Qualifications.--(a) Every teacher employed
to teach in the public schools of this Commonwealth must be a
person of good moral character, must be at least eighteen years
of age, and must be a citizen of the United States: Provided,
That citizenship may be waived in the case of exchange teachers
not permanently employed, and teachers employed for the purpose
of teaching foreign languages, including special teachers who
speak the idiomatic or colloquial language of immigrants
residing in the school district, and employed for the purpose
of easing the transition period of such immigrants.
(b) Every principal appointed after August thirty-first,
one thousand nine hundred fifty-three, employed in the public
schools of this Commonwealth, who devotes one-half or more of
his time to supervision and administration, shall be properly
certificated by the Department of Public Instruction in
accordance with such standards as the State Board of Education
may establish.
(c) An individual who is granted an administrative
certificate by the Department of Education prior to January 1,
2008, and who is employed for the first time in a position of
principal, vice principal or assistant principal in a public
school in this Commonwealth on or after January 1, 2008, shall
complete the induction program provided for in subsection (f)
within five years of appointment as a principal, vice principal
or assistant principal.
(d) (1) An individual who applies on or after January 1,
2008, for a certificate to become eligible to serve as a
principal, vice principal or assistant principal in a public
school in this Commonwealth and who otherwise meets the
requirements for such certificate shall be issued an
Administrative I certificate.
(2) No individual may serve as a principal, vice principal
or assistant principal on an Administrative I certificate for
more than five school years.
(e) The holder of an Administrative I certificate shall be
issued an Administrative II certificate upon application to the
Department of Education verifying three years of satisfactory
service on an Administrative I certificate and successful
completion of the induction program provided for in subsection
(f).
(f) (1) The Department of Education shall design and offer
an induction program at no cost to those principals, vice
principals and assistant principals who participate and at no
cost to their employer school entities and shall approve other
providers to offer induction programs. An induction program
shall be designed to aid in development in the core school
leadership standards identified in section 1217(a)(1).

(2) A participant in an induction program shall not be

required to attend more than thirty-six (36) hours of induction
during any one school year or a total of one hundred eight (108)
hours over the course of the induction program.
(3) Hours of participation in an induction program shall
be applied toward meeting the certificate holder's continuing
professional education requirements under section 1205.2.
(1109 amended July 20, 2007, P.L.278, No.45)
Section 1109.1. Emergency Certification in Certain
Instances.--When the superintendent and board of education of
a school district of the first class find that the supply of
certified teachers is inadequate to the educational needs of
the district's language minority student population or that the
loss of teachers due to early retirement would cause the
interruption of suitable and essential programs of instruction
for such students, the district may hire otherwise qualified
persons without current teaching certificates, provided that
individuals so employed shall enroll in a teacher certification
program and meet Pennsylvania certification requirements within
a period not to exceed three (3) years.
(1109.1 added June 7, 1993, P.L.49, No.16)
Section 1109.2. Conditional Employment.--(a) A board of
school directors may enter into an agreement to employ an
individual as a temporary professional employe who, within six
months of the date of expected graduation from an approved
Pennsylvania college or university, presents a letter verifying
that the individual is enrolled in an approved teacher
preparation program in that institution and will complete all
requirements for the conferring of a bachelor's degree on a
date certain as specified.
(b) The validity of this agreement shall be contingent upon
all of the following conditions being met prior to the actual
commencement of the individual's employment as a temporary
professional employe:
(1) The conferring of a bachelor's degree.
(2) The individual having obtained a teaching certificate
from the Commonwealth of Pennsylvania in the area of assignment
or certification specified in the agreement.
(1109.2 added June 29, 2002, P.L.524, No.88)
Section 1110. Disqualification for Refusal to Teach.--(1110
repealed May 9, 1949, P.L.939, No.263)
Section 1111. Employment of Relatives of School
Directors.--No teacher shall be employed, by any board of school
directors, who is related to any member of the board; as,
father, mother, brother, sister, husband, wife, son, daughter,
stepson, stepdaughter, grandchild, nephew, niece, first cousin,
sister-in-law, brother-in-law, uncle, or aunt, unless such
teacher receives the affirmative votes of a majority of all
members of the board other than the member related to the
applicant who shall not vote.
(1111 amended Dec. 28, 1955, P.L.910, No.279)
Section 1112. Religious Garb, Insignia, etc., Prohibited;
Penalty.--(a) That no teacher in any public school shall wear
in said school or while engaged in the performance of his duty
as such teacher any dress, mark, emblem or insignia indicating
the fact that such teacher is a member or adherent of any
religious order, sect or denomination.
(b) Any teacher employed in any of the public schools of
this Commonwealth, who violates the provisions of this section,
shall be suspended from employment in such school for the term
of one year, and in case of a second offense by the same teacher
he shall be permanently disqualified from teaching in said

school. Any public school director who after notice of any such
violation fails to comply with the provisions of this section
shall be guilty of a misdemeanor, and upon conviction of the
first offense, shall be sentenced to pay a fine not exceeding
one hundred dollars ($100), and on conviction of a second
offense, the offending school director shall be sentenced to
pay a fine not exceeding one hundred dollars ($100) and shall
be deprived of his office as a public school director. A person
thus twice convicted shall not be eligible to appointment or
election as a director of any public school in this Commonwealth
within a period of five (5) years from the date of his second
conviction.
Section 1113. Transferred Programs and Classes.--(a) When
a program or class is transferred as a unit from one or more
school entities to another school entity or entities,
professional employes who were assigned to the class or program
immediately prior to the transfer and are classified as teachers
as defined in section 1141(1) and are suspended as a result of
the transfer and who are properly certificated shall be offered
employment in the program or class by the receiving entity or
entities when services of a professional employe are needed to
sustain the program or class transferred, as long as there is
no suspended professional employe in the receiving entity who
is properly certificated to fill the position in the transferred
class or program.
(b) Transferred professional employes shall be credited by
the receiving entity only for their sick leave accumulated in
the sending entity and also for their years of service in the
sending entity, the latter for purposes of sabbatical leave
eligibility and placement in the salary schedule: Provided,
however, That such employes shall not utilize the sabbatical
leave until they have taught in the receiving entity for a
period of three (3) years. Such employes shall transfer their
accrued seniority in the area of certification required for the
transferred program or class only.
(b.1) Professional employes who are classified as teachers
and who are not transferred with the classes to which they are
assigned or who have received a formal notice of suspension
shall form a pool of employes within the school entity. No new
professional employe who is classified as a teacher shall be
employed by a school entity assuming program responsibility for
transferred students while there is:
(1) a properly certificated professional employe who is
classified as a teacher suspended in the receiving entity; or
(2) if no person is qualified under clause (1), a properly
certificated member of the school entity pool who is willing
to accept employment with the school entity assuming program
responsibility for transferred students. Members of the pool
shall have the right to refuse employment offers from such
school entity and remain in the pool. For purposes of sections
401 and 402 of the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the "Unemployment Compensation Law,"
an employer policy is hereby established under which members
of the pool are not required to accept employment offers from
the school entity assuming program responsibility for
transferred students.
((b.1) amended June 22, 2001, P.L.530, No.35)
(b.2) (1) The following shall apply to professional and
temporary professional employes of a distressed school district
in which pupils have been reassigned to another school district
pursuant to section 1607.1:

(i) The distressed school district shall create a pool

comprised of the professional and temporary professional
employes who have received formal notice of suspension from the
distressed school district as a result of the curtailment of
the high school program.
(ii) Employes in the pool created under subclause (i) shall
be offered employment by any school district with a border that
is no more than three miles from a border of a distressed school
district, as set forth in section 1607.1(a)(1), whenever that
school district has a vacancy for a position that an employe
in the pool is certified to fill, provided that no employe of
the school district in which the vacancy exists, including a
suspended or demoted employe, has a right to such vacancy under
this act or the collective bargaining agreement of that school
district.
(iii) No new employe shall be hired by any school district
with a border that is three miles or less from a border of a
distressed school district until the position has been offered,
in order of seniority, to all properly certified members of the
pool created under subclause (i).
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all sick leave accumulated in the distressed school district
and shall be credited for years of service in the distressed
school district for purposes of salary schedule placement.
Temporary professional and professional employes shall further
be credited for their years of service in the distressed school
district for purposes of sabbatical leave eligibility,
suspension and realignment rights and eligibility for any
retirement incentives or severance payments in a hiring school
district.
((b.2) added July 20, 2007, P.L.278, No.45)
(c) Nothing contained in subsections (a) and (b.1) shall
be construed to supersede or preempt any provision of a
collective bargaining agreement in effect on February 4, 1982,
and negotiated by a school entity and an exclusive
representative of the employes in accordance with the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act." ((c) amended July 20, 2007, P.L.278, No.45)
(d) (1) As used in this section, the term "school entity"
or "school entities" shall mean an intermediate unit and its
participating school districts or an area vocational-technical
school and its sending school districts.
(2) As used in this section, the term "unit" shall mean a
program or class whose membership falls within the minimum and
maximum class size as defined in Department of Education
standards.
(1113 amended Aug. 5, 1991, P.L.219, No.25)
(c)

Tenure.

Section 1121. Contracts; Execution; Form.--(a) In all

school districts, all contracts with professional employes shall
be in writing, in duplicate, and shall be executed on behalf
of the board of school directors by the president and secretary
and signed by the professional employe.
(b) (1) Each board of school directors in all school
districts shall hereafter enter into contracts, in writing,
with each professional employe initially employed by a school
district prior to June 30, 1996, who has satisfactorily
completed two (2) years of service in any school district of
this Commonwealth.

(2) Each board of school directors in all school districts

shall hereafter enter into contracts, in writing, with each
professional employe initially employed by a school district,
on or after June 30, 1996, who has satisfactorily completed
three (3) years of service in any school district of this
Commonwealth.
(c) Contracts under subsection (b) shall contain only the
following:
"IT IS AGREED by and between .....................
Professional Employe, and the Board of Directors (or Board of
Public Education) of the school district of
....................., Pennsylvania, that said professional
employe shall, under the authority of the said board and its
successors, and subject to the supervision and authority of the
properly authorized superintendent of schools or supervising
principal, serve as a professional employe in the said school
district for a term of ........months, for an annual
compensation of $............., payable monthly or semi-monthly
during the school term or year, less the contribution required
by law to be paid to the Public School Employes' Retirement
Fund, and less other proper deductions for loss of time.
"This contract is subject to the provisions of the 'Public
School Code of 1949' and the amendments thereto.
"AND IT IS FURTHER AGREED by the parties hereto that none
of the provisions of this act may be waived either orally or
in writing, and that this contract shall continue in force year
after year, with the right of the board of school directors (or
board of public education) to increase the compensation over
the compensation herein stated, from time to time, as may be
provided under the provisions and proper operation of the
established salary schedule, if any, for the school district,
subject to the provisions of law, without invalidating any other
provision of this contract, unless terminated by the
professional employe by written resignation presented sixty
(60) days before resignation becomes effective, or by the board
of school directors (or board of public education) by official
written notice presented to the professional employe: Provided,
That the said notice shall designate the cause for the
termination and shall state that an opportunity to be heard
shall be granted if the said professional employe, within ten
(10) days after receipt of the termination notice, presents a
written request for such hearing."
(1121 amended Mar. 29, 1996, P.L.47, No.16)
Section 1122. Causes for Termination of Contract.--(a) The
only valid causes for termination of a contract heretofore or
hereafter entered into with a professional employe shall be
immorality; incompetency; unsatisfactory teaching performance
based on two (2) consecutive ratings of the employe's teaching
performance that are to include classroom observations, not
less than four (4) months apart, in which the employe's teaching
performance is rated as unsatisfactory; intemperance; cruelty;
persistent negligence in the performance of duties; wilful
neglect of duties; physical or mental disability as documented
by competent medical evidence, which after reasonable
accommodation of such disability as required by law
substantially interferes with the employe's ability to perform
the essential functions of his employment; advocation of or
participating in un-American or subversive doctrines; conviction
of a felony or acceptance of a guilty plea or nolo contendere
therefor; persistent and wilful violation of or failure to
comply with school laws of this Commonwealth, including official
directives and established policy of the board of directors;

on the part of the professional employe: Provided, That boards

of school directors may terminate the service of any
professional employe who has attained to the age of sixty-two
except a professional employe who is a member of the old age
and survivors insurance system pursuant to the provisions of
the act, approved the first day of June, one thousand nine
hundred fifty-six (Pamphlet Laws 1973). In such case the board
may terminate the service of any such professional employe at
the age of sixty-five or at the age at which the employe becomes
eligible to receive full benefits under the Federal Social
Security Act.
(b) Nothing within the foregoing enumeration of causes in
subsection (a), shall be interpreted to conflict with the
retirement of professional employes upon proper evidence of
disability, or the election by professional employes to retire
during the period of voluntary retirement, or the authority of
the board of school directors to require professional employes
to retire during said period of voluntary retirement, or the
compulsion on the part of professional employes to retire at
the attainment of age seventy.
(1122 amended Mar. 29, 1996, P.L.47, No.16)
Compiler's Note: Section 5 of Act 16 of 1996, which amended
section 1122, provided that nothing contained in the
amendment shall supersede or preempt any provisions of
an existing collective bargaining agreement between a
school entity and an employee organization that is in
effect on the effective date of section 5. For the
purpose of this subsection, a "school entity" shall mean
a school district, joint school district, intermediate
unit or area vocational-technical school.
Section 1123. Rating System.--(a) In determining whether
a professional employe shall be dismissed for incompetency or
unsatisfactory teaching performance as provided for in section
1122(a) of this act, and in rating professional employes and
temporary professional employes, all professional employes and
temporary professional employes shall be rated through the use
of an approved rating tool developed by the Secretary of
Education in consultation with education experts, parents of
school-age children enrolled in a public school, teachers and
administrators, including research and collaboration conducted
by the department.
(b) For professional employes and temporary professional
employes who serve as classroom teachers, the following shall
apply:
(1) Beginning in the 2013-2014 school year, the evaluation
of the effectiveness of professional employes and temporary
professional employes serving as classroom teachers shall give
due consideration to the following:
(i) Classroom observation and practice models that are
related to student achievement in each of the following areas:
(A) Planning and preparation.
(B) Classroom environment.
(C) Instruction.
(D) Professional responsibilities.
(ii) Student performance, which shall comprise fifty per
centum (50%) of the overall rating of the professional employe
or temporary professional employe serving as a classroom teacher
and shall be based upon multiple measures of student
achievement. The fifty per centum (50%) shall be comprised of
the following:

(A) Fifteen per centum (15%) building-level data, including,

but not limited to, all of the following:
(I) Student performance on assessments.
(II) Value-added assessment system data made available by
the department under section 221.
(III) Graduation rate as reported to the department under
section 222.
(IV) Promotion rate.
(V) Attendance rate as reported to the department under
section 2512.
(VI) Advanced placement course participation.
(VII) Scholastic aptitude test and preliminary scholastic
aptitude test data.
(B) Fifteen per centum (15%) teacher-specific data,
including, but not limited to, student achievement attributable
to a specific teacher as measured by all of the following:
(I) Student performance on assessments.
(II) Value-added assessment system data made available by
the department under section 221.
(III) Progress in meeting the goals of student
individualized education plans required under the Individuals
With Disabilities Education Act (Public Law 91-230, 20 U.S.C.
1400 et seq.).
(IV) Locally developed school district rubrics.
(C) Twenty per centum (20%) elective data, including
measures of student achievement that are locally developed and
selected by the school district from a list approved by the
department and published in the Pennsylvania Bulletin by June
30 of each year, including, but not limited to, the following:
(I) District-designed measures and examinations.
(II) Nationally recognized standardized tests.
(III) Industry certification examinations.
(IV) Student projects pursuant to local requirements.
(V) Student portfolios pursuant to local requirements.
(2) (i) No later than June 30, 2013, the department shall
develop, issue and publish in the Pennsylvania Bulletin a rating
tool for professional employes and temporary professional
employes serving as classroom teachers that is consistent with
this subsection and includes the weights given to the multiple
measures of student performance contained in clause (1)(ii).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all professional
employes and temporary professional employes serving as
classroom teachers.
(iii) After June 30, 2013, any changes to the rating tool
developed under this subsection shall be made by the State Board
of Education through regulations promulgated under the act of
June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
Act."
(c) For professional employes and temporary professional
employes serving as principals, the following shall apply:
(1) Beginning in the 2014-2015 school year, principal
effectiveness shall be measured using a rating tool designed
specifically for professional employes and temporary
professional employes serving as principals which shall give
due consideration to the following:
(i) Planning and preparation.
(ii) School environment.
(iii) Delivery of service.
(iv) Professional development.
(v) Student performance, pursuant to clause (2).

(2) Student performance shall be measured as provided in

subsection (b)(1)(ii) for professional employes and temporary
professional employes supervised by the principal and shall
comprise fifty per centum (50%) of the principal's overall
rating. The fifty per centum (50%) shall be comprised of the
following:
(A) Fifteen per centum (15%) building-level data, including,
but not limited to, all of the following:
(I) Student performance on assessments.
(II) Value-added assessment system data made available by
the department under section 221.
(III) Graduation rate as reported to the department under
section 222.
(IV) Promotion rate.
(V) Attendance rate as reported to the department under
section 2512.
(VI) Advanced placement course participation.
(VII) Scholastic aptitude test and preliminary scholastic
aptitude test data.
(B) Fifteen per centum (15%) correlation data based on
teacher-level measures.
(C) Twenty per centum (20%) elective data, including
measures of student achievement that are locally developed and
selected by the school district from a list approved by the
department and published in the Pennsylvania Bulletin by June
30 each year, which shall include, but not be limited to, the
following:
(I) District-designed measures and examinations.
(II) Nationally recognized standardized tests.
(III) Industry certification examinations.
(IV) Student projects pursuant to local requirements.
(V) Student portfolios pursuant to local requirements.
(3) (i) No later than June 30, 2014, the department shall
develop, issue and publish in the Pennsylvania Bulletin a rating
tool for professional employes and temporary professional
employes serving as principals that is consistent with this
subsection and includes the weights given to the multiple
measures of student performance contained in clause (2).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all principals
superseding all other rating cards and forms used previously.
(iii) After June 30, 2014, any changes to the rating tool
developed under this subsection shall be made by the State Board
of Education through regulations promulgated under the
"Regulatory Review Act."
(d) For nonteaching professional employes, the following
shall apply:
(1) Beginning in the 2014-2015 school year, nonteaching
professional employes shall be evaluated using a rating tool
designed specifically for nonteaching professional employes
which shall give due consideration to the following:
(i) Planning and preparation.
(ii) Educational environment.
(iii) Delivery of service.
(iv) Professional development.
(v) Student performance of all students in the school
building in which the nonteaching professional employe is
employed which shall comprise twenty per centum (20%) of the
overall rating of nonteaching professional employes and
temporary professional employes.
(2) (i) No later than June 30, 2014, the department shall
develop, issue and publish in the Pennsylvania Bulletin a rating

tool for nonteaching professional employes that is consistent

with this subsection and includes the weights given to the
multiple measures of student performance contained in clause
(1)(v).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all nonteaching
professional employes.
(iii) After June 30, 2014, any subsequent changes to the
rating tool developed under this paragraph shall be made by the
State Board of Education through regulations promulgated under
the "Regulatory Review Act."
(e) Notwithstanding subsections (b), (c) and (d),
professional employes and temporary professional employes
serving as classroom teachers, principals and nonteaching
professional employes may be evaluated through the use of a
rating tool developed by an individual school district,
intermediate unit or area vocational-technical school that the
department has approved as meeting or exceeding the measures
of effectiveness established under this section.
(f) (1) Each rating tool developed or approved under this
section shall identify the overall performance rating of the
professional employes and temporary professional employes
serving as classroom teachers, principals and nonteaching
professional employes as one of the following:
(i) Distinguished.
(ii) Proficient.
(iii) Needs improvement.
(iv) Failing.
(2) An overall performance rating of either "distinguished"
or "proficient" shall be considered satisfactory.
(3) An overall performance rating of "needs improvement"
shall be considered satisfactory, except that any subsequent
overall rating of "needs improvement" issued by the same
employer within ten (10) years of the first overall performance
rating of "needs improvement" where the employe is in the same
certification shall be considered unsatisfactory.
(4) An overall performance rating of "failing" shall be
considered unsatisfactory.
(5) An overall performance rating of "needs improvement"
or "failing" shall require the employe to participate in a
performance improvement plan. No employe shall be rated "needs
improvement" or "failing" based solely upon student test scores.
(6) The department shall develop a rating scale to reflect
student performance measures and employe observation results
and establish overall score ranges for each of the four rating
categories contained in clause (1).
(g) Upon publication in the Pennsylvania Bulletin of a
rating tool developed under this section, the rating cards set
forth in 22 Pa. Code 351.21 (relating to rating form) and any
alternative rating forms approved pursuant to 22 Pa. Code Ch.
351 (relating to teacher tenure hearings) prior to the
implementation of this section shall be discontinued for use
in the evaluation of professional and temporary professional
employes.
(h) The following shall apply to the ratings of all
professional employes and temporary professional employes:
(1) All ratings shall be completed using the rating tools
developed or approved under this section.
(2) Professional employes shall be rated at least annually
and temporary professional employes shall be rated at least
twice annually.

(3) Ratings shall be performed by or under the supervision

of the chief school administrator or, if so directed by the
chief school administrator, by an assistant administrator, a
supervisor or a principal who has supervision over the work of
the professional employe or temporary professional employe being
rated, provided that no unsatisfactory rating shall be valid
unless approved by the chief school administrator.
(4) No employe shall be dismissed under section 1122 unless
the employe has been provided a completed rating tool provided
for under this section, which includes a description based upon
classroom observations of deficiencies in practice supported
by detailed anecdotal records that justify the unsatisfactory
rating.
(i) All school districts, intermediate units and area
vocational-technical schools shall provide to the department
the aggregate results of all professional employe and temporary
professional employe, principal and nonteaching professional
employe evaluations.
(j) (1) Any rating tool developed by the Department of
Education under this section shall be exempt from:
(i) Sections 201, 202, 203, 204 and 205 of the act of July
31, 1968 (P.L.769, No.240), referred to as the "Commonwealth
Documents Law."
(ii) Section 204(b) of the act of October 15, 1980 (P.L.950,
No.164), known as the "Commonwealth Attorneys Act."
(iii) The "Regulatory Review Act."
(2) This subsection shall not apply to any changes made to
a rating tool or new rating tool developed by the State Board
of Education pursuant to subsections (b)(2)(iii), (c)(3)(iii)
and (d)(2)(iii).
(k) The State Board of Education may develop standards or
regulations consistent with this section.
(l) (1) The department's duty to develop a rating tool
under subsection (b)(2) shall expire on June 30, 2013.
(2) The department's duty to develop rating tools under
subsections (c)(3) and (d)(2) shall expire on June 30, 2014.
(m) No collective bargaining agreement negotiated by a
school district and an exclusive representative of the employes
in accordance with the act of July 23, 1970 (P.L.563, No.195),
known as the "Public Employe Relations Act," after the effective
date of this subsection shall provide for a rating system other
than as provided for in this section. A provision in any
agreement or contract in effect on the effective date of this
subsection that provides for a rating system in conflict with
this section shall be discontinued in any new or renewed
agreement or contract or during the period of status quo
following an expired contract.
(n) The requirements of this section shall apply to all
school districts, intermediate units and area
vocational-technical schools.
(o) For purposes of this section:
(1) The term "assessment" shall mean the Pennsylvania System
of School Assessment test, the Keystone Exam, an equivalent
local assessment or another test established by the State Board
of Education to meet the requirements of section
2603-B(d)(10)(i) and required under the No Child Left Behind
Act of 2001 (Public Law 107-110, 115 Stat. 1425) or its
successor statute or required to achieve other standards
established by the department for the school or school district
under 22 Pa. Code 403.3 (relating to single accountability
system).

(2) The term "chief school administrator" shall include

individuals who are employed as a school district
superintendent, an executive director of an intermediate unit
or a chief school administrator of an area vocational-technical
school.
(3) The term "classroom teacher" shall mean a professional
employe or temporary professional employe who provides direct
instruction to students related to a specific subject or grade
level.
(4) The term "department" shall mean the Department of
Education of the Commonwealth.
(5) The term "education specialist" shall have the meaning
given to it under the act of December 12, 1973 (P.L.397,
No.141), known as the "Professional Educator Discipline Act."
(6) The term "nonteaching professional employe" shall mean
an education specialist or a professional employe or temporary
professional employe who provides services other than classroom
instruction.
(7) The term "performance improvement plan" shall mean a
plan, designed by a district with input of the employe, that
may include mentoring, coaching, recommendations for
professional development and intensive supervision based on the
contents of the rating tool provided for under this section.
(8) The term "principal" shall include a building principal,
an assistant principal, a vice principal or a director of
vocational education.
(p) An employe's individual rating form shall not be subject
to disclosure under the act of February 14, 2008 (P.L.6, No.3),
known as the "Right-to-Know Law."
(1123 amended June 30, 2012, P.L.684, No.82)
Compiler's Note: Section 5 of Act 16 of 1996, which amended
section 1123, provided that nothing contained in the
amendment shall supersede or preempt any provisions of
an existing collective bargaining agreement between a
school entity and an employee organization that is in
effect on the effective date of section 5. For the
purpose of this subsection, a "school entity" shall mean
a school district, joint school district, intermediate
unit or area vocational-technical school.
Compiler's Note: Section 16 of Act 463 of 1951 provided
that section 1123 is repealed insofar as it authorizes
termination of the contract of a professional employe
for advocating or participating in un-American or
subversive activities.
Section 1124. Causes for Suspension.--(a) Any board of
school directors may suspend the necessary number of
professional employes, for any of the causes hereinafter
enumerated:
(1) substantial decrease in pupil enrollment in the school
district;
(2) curtailment or alteration of the educational program
on recommendation of the superintendent and on concurrence by
the board of school directors, as a result of substantial
decline in class or course enrollments or to conform with
standards of organization or educational activities required
by law or recommended by the Department of Public Instruction;
(3) consolidation of schools, whether within a single
district, through a merger of districts, or as a result of joint
board agreements, when such consolidation makes it unnecessary
to retain the full staff of professional employes; or

(4) when new school districts are established as the result

of reorganization of school districts pursuant to Article II.,
subdivision (i) of this act, and when such reorganization makes
it unnecessary to retain the full staff of professional
employes.
(b) Notwithstanding an existing or future provision in a
collective bargaining agreement or other similar employment
contract to the contrary, suspension of a professional employe
due to the curtailment or alteration of the educational program
as set forth in subsection (a)(2) may be effectuated without
the approval of the curtailment or alteration of the educational
program by the Department of Education, provided that, where
an educational program is altered or curtailed as set forth in
subsection (a)(2), the school district shall notify the
Department of Education of the actions taken pursuant to
subsection (a)(2). The Department of Education shall post all
notifications received from a school district pursuant to this
subsection on the Department of Education's publicly accessible
Internet website.
(1124 amended June 30, 2012, P.L.684, No.82)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 1125. Suspensions and Reinstatements; How
Made.--(1125 repealed Nov. 20, 1979, P.L.465, No.97)
Section 1125.1. Persons to be Suspended.--(a) Professional
employes shall be suspended under section 1124 (relating to
causes for suspension) in inverse order of seniority within the
school entity of current employment. Approved leaves of absence
shall not constitute a break in service for purposes of
computing seniority for suspension purposes. Seniority shall
continue to accrue during suspension and all approved leaves
of absence.
(b) Where there is or has been a consolidation of schools,
departments or programs, all professional employes shall retain
the seniority rights they had prior to the reorganization or
consolidation.
(c) A school entity shall realign its professional staff
so as to insure that more senior employes are provided with the
opportunity to fill positions for which they are certificated
and which are being filled by less senior employes.
(d) (1) No suspended employe shall be prevented from
engaging in another occupation during the period of suspension.
(2) Suspended professional employes or professional employes
demoted for the reasons set forth in section 1124 shall be
reinstated on the basis of their seniority within the school
entity. No new appointment shall be made while there is such a
suspended or demoted professional employe available who is
properly certificated to fill such vacancy. For the purpose of
this subsection, positions from which professional employes are
on approved leaves of absence shall also be considered temporary
vacancies.
(3) To be considered available a suspended professional
employe must annually report to the governing board in writing
his current address and his intent to accept the same or similar
position when offered.
(4) A suspended employe enrolled in a college program during
a period of suspension and who is recalled shall be given the
option of delaying his return to service until the end of the
current semester.
((d) amended July 10, 1986, P.L.1270, No.117)

(e) Nothing contained in section 1125.1(a) through (d) shall

be construed to supersede or preempt any provisions of a
collective bargaining agreement negotiated by a school entity
and an exclusive representative of the employes in accordance
with the act of July 23, 1970 (P.L.563, No.195), known as the
"Public Employe Relations Act"; however, no agreement shall
prohibit the right of a professional employe who is not a member
of a bargaining unit from retaining seniority rights under the
provisions of this act.
(f) A decision to suspend in accordance with this section
shall be considered an adjudication within the meaning of the
"Local Agency Law."
(1125.1 added Nov. 20, 1979, P.L.465, No.97)
Section 1126. Public Hearings; Exceptions.--All hearings,
under the provisions of this article or any other provision of
the school laws pertaining to the dismissal or the termination
of contracts of professional employes, shall be public, unless
otherwise requested by the party against whom the complaint is
made.
Section 1127. Procedure on Dismissals; Charges; Notice;
Hearing.--Before any professional employe having attained a
status of permanent tenure is dismissed by the board of school
directors, such board of school directors shall furnish such
professional employe with a detailed written statement of the
charges upon which his or her proposed dismissal is based and
shall conduct a hearing. A written notice signed by the
president and attested by the secretary of the board of school
directors shall be forwarded by registered mail to the
professional employe setting forth the time and place when and
where such professional employe will be given an opportunity
to be heard either in person or by counsel, or both, before the
board of school directors and setting forth a detailed statement
of the charges. Such hearing shall not be sooner than ten (10)
days nor later than fifteen (15) days after such written notice.
At such hearing all testimony offered, including that of
complainants and their witnesses, as well as that of the accused
professional employe and his or her witnesses, shall be recorded
by a competent disinterested public stenographer whose services
shall be furnished by the school district at its expense. Any
such hearing may be postponed, continued or adjourned.
Section 1128. Subpoenas; Testimony.--The board shall have
power to issue subpoenas requiring the attendance of witnesses
at any hearing and shall do so at the request of the party
against whom a complaint is made. If any person shall refuse
to appear and testify in answer to any subpoena issued by the
board, any party interested may petition the court of common
pleas of the county setting forth the facts, which court shall
thereupon issue its subpoena commanding such person to appear
before it, there to testify as to the matters being inquired
into. Any person refusing to testify before the court shall be
held for contempt. All testimony at any hearing shall be taken
under oath, and any member of the board of school directors
shall have power to administer oaths to such witnesses.
Section 1129. Vote Required for Dismissals.--After fully
hearing the charges or complaints and hearing all witnesses
produced by the board and the person against whom the charges
are pending, and after full, impartial and unbiased
consideration thereof, the board of school directors shall by
a two-thirds vote of all the members thereof, to be recorded
by roll call, determine whether such charges or complaints have
been sustained and whether the evidence substantiates such
charges and complaints, and if so determined shall discharge

such professional employe. If less than two-thirds of all of

the members of the board vote in favor of discharge, the
professional employe shall be retained and the complaint shall
be dismissed.
No member of any board of school directors shall vote on any
roll call if he is related as father, mother, brother, sister,
husband, wife, son, daughter, stepson, step-daughter,
grandchild, nephew, niece, first cousin, sister-in-law,
brother-in-law, uncle or aunt to the professional employe
involved or to any of the parties instituting the complaint.
Section 1130. Notice of Discharge; Procedure on Decision
Favorable to Employe.--A written notice of any decision of the
board of school directors discharging a professional employe,
shall be sent by registered mail to such professional employe
at his or her last known address within ten (10) days after
such hearing is actually concluded.
In all cases where the final decision is in favor of the
professional employe, the charges made shall be physically
expunged from the records of the board of school directors, but
a complete official transcript of the records of the hearing
shall be delivered to the one against whom the charges were
made. In all such cases there shall be no abatement of salary
or compensation.
Section 1131. Appeals to Superintendent of Public
Instruction.--In case the professional employe concerned
considers himself or herself aggrieved by the action of the
board of school directors, an appeal by petition, setting forth
the grounds for such appeal, may be taken to the Superintendent
of Public Instruction at Harrisburg. Such appeal shall be filed
within thirty (30) days after receipt by registered mail of the
written notice of the decision of the board. A copy of such
appeal shall be served by registered mail on the secretary of
the school board.
The Superintendent of Public Instruction shall fix a day and
time for hearing, which shall be not sooner than ten (10) days
nor more than thirty (30) days after presentation of such
petition, and shall give written notice to all parties
interested.
The Superintendent of Public Instruction shall review the
official transcript of the record of the hearing before the
board, and may hear and consider such additional testimony as
he may deem advisable to enable him to make a proper order. At
said hearing the litigants shall have the right to be heard in
person or by counsel or both.
After hearing and argument and reviewing all the testimony
filed or taken before him, the Superintendent of Public
Instruction shall enter such order, either affirming or
reversing the action of the board of school directors, as to
him appears just and proper.
Section 1132. Appeals to Court.--The ruling or decision of
the Secretary of Education shall be final, unless, an appeal
is taken in accordance with the provisions of the act of June
4, 1945 (P.L.1388, No.442), known as the "Administrative Agency
Law."
(1132 amended Dec. 21, 1973, P.L.429, No.150)
Section 1133. Collective Bargaining for Public
Employes.--Nothing contained in sections 1121 through 1132 shall
be construed to supersede or preempt a provision of a collective
bargaining agreement in effect on July 23, 1970, or on any date
subsequent thereto, negotiated by a school entity and an
exclusive representative of the employes in accordance with the
act of July 23, 1970 (P.L.563, No.195), known as the "Public

Employe Relations Act," which agreement provides for the right

of the exclusive representative to grieve and arbitrate the
validity of a professional employe's termination for just cause
or for the causes set forth in section 1122 of this act;
however, no agreement shall prohibit the right of a professional
employe from exercising his or her rights under the provisions
of this act except as herein provided. However, if within ten
(10) days after the receipt of the detailed written statement
and notice as required by section 1127, the professional employe
chooses to exercise his or her right to a hearing, any provision
of the collective bargaining agreement relative to the right
of the exclusive representative to grieve or arbitrate the
termination of such professional employe shall be void.
Professional employes shall have the right to file a grievance
under the collective bargaining agreement or request a hearing
pursuant to sections 1121 through 1132, but not both.
(1133 added June 29, 1984, P.L.438, No.93)
Section 1134. Professional and Temporary Professional
Employes of Schools Formerly Operated by the
Commonwealth.--(1134 expired June 30, 2012. See Act 24 of 2011.)
(d)

Compensation.

Section 1141. Definitions.--For the purposes of this

subdivision.-(1) "Teacher" shall include all professional employes and
temporary professional employes, who devote fifty per centum
(50%) of their time, or more, to teaching or other direct
educational activities, such as classroom teachers,
demonstration teachers, museum teachers, counsellors,
librarians, school nurses, dental hygienists, home and school
visitors, and other similar professional employes and temporary
professional employes, certificated in accordance with the
qualifications established by the State Board of Education.
((1) amended Oct. 21, 1965, P.L.601, No.312)
(2) "Service increments" shall mean increases in annual
salary granted to all professional employes by reason of their
years of service in the school district or vocational school
district.
(3) "Standard certificate" shall mean any one of the
following certificates: permanent State certificate, State
Normal School certificate, State Normal School diploma,
temporary standard certificate, permanent standard certificate,
State standard limited certificate, temporary extension standard
certificate, permanent extension standard certificate.
(4) "College certificate" shall mean a college provisional
certificate, a college permanent certificate, or its equivalent.
(5) "Master's Degree" shall mean a degree secured at a
college or university approved by the Department of Public
Instruction. ((5) amended Oct. 21, 1965, P.L.601, No.312)
The State Board of Education shall establish equivalents for
both college certificates and master's degrees. In determining
the equivalents, in the case of teachers of applied arts and
vocational subjects, the State Board of Education shall give
due consideration to practical experience in the field taught.
(Par. amended Oct. 21, 1965, P.L.601, No.312)
Section 1142.
Minimum Salaries and Increments.--(a)
Except as hereinafter otherwise provided, all school districts
and vocational school districts shall pay all regular and
temporary teachers, supervisors, directors and coordinators of
vocational education, psychologists, teachers of classes for
exceptional children, supervising principals, vocational

teachers, and principals in the public schools of the district

the minimum salaries and increments for the school year
1968-1969 and each school year thereafter, as provided in the
following tabulation in accordance with the column in which the
professional employe is grouped and the step which the
professional employe has attained by years of experience within
the school district each step after step 1 constituting one
year of service. When a school district, by agreement, places
a professional employe on a step in the salary scale, each step
thereafter shall constitute one year of service. When a district
adopts a salary scale in excess of the mandated scale, it shall
not be deemed to have altered or increased the step which the
employe has gained through years of service.
(b) Professional employes shall be grouped in the following
columns:
Class A. Teachers holding a standard certificate valid for
the subject or grades in which the teacher is giving
instruction.
Class B. Teachers holding a college certificate valid for
the subjects or grades in which the teacher is giving
instruction.
Class C. Teachers of classes approved by the Department of
Public Instruction for exceptional children holding a standard
certificate valid for the subjects or grades in which the
teacher is giving instruction.
Class D. Teachers of classes approved by the Department of
Public Instruction for exceptional children holding a college
certificate valid for the subjects or grades in which the
teacher is giving instruction.
Class E.
Supervisors, directors and coordinators of
vocational education, who devote one-half or more of their time
to supervision of instruction, and psychologists, holding a
standard or college certificate.
Class F.
Principals, who devote one-half or more of their
time to supervision and administration and having less than
twenty (20) teachers under their supervision, who hold a
standard certificate, or college certificate.
Class G.
Such principals, having twenty (20) or more
teachers under their supervision, but less than forty (40), and
who hold a standard certificate, or college certificate.
Class H.
Such principals, having forty (40) or more
teachers under there supervision, but less than sixty (60), and
who hold a standard certificate, or college certificate.
Class I.
Such principals, having sixty (60) or more but
less than eighty (80) teachers under their supervision, and who
hold a standard certificate, or college certificate.
Class J.
Such principals, having eighty (80) or more
teachers under their supervision, and who hold a standard
certificate, or college certificate.
Class K.
Supervising principals, having less than forty
(40) teachers under their supervision, and who hold a standard
certificate, or college certificate.
Class L.
Supervising principals, having forty (40) or more
teachers under their supervision, but less than sixty (60), who
hold a standard certificate, or college certificate.
Class M.
Supervising principals, having sixty (60) or more
but less than eighty (80) teachers under their supervision, and
who hold a standard certificate, or college certificate.
Class N.
Supervising principals, having eighty (80) or
more but less than one hundred (100) teachers under their
supervision, and who hold a standard certificate, or college
certificate.

Class O.
Supervising principals, having one hundred (100)
or more teachers under their supervision, and who hold a
standard certificate or college certificate.
Class P. Vocational teachers, holding a standard or college
certificate valid for the subjects or grades in which the
teacher is giving instruction, and who is employed for the
entire calendar year because of seasonal activities.
(c)
Minimum Salary Schedule for the 1968-1969 school year:
A
7800
7500
7200
6900
6600
6300
6000
5700
5400

B
8100
7800
7500
7200
6900
6600
6300
6000
5700
5400

I
10950
10650
10350
10050
9650
9250
8850
8450

10
9
8
7
6
5
4
3
2
1

8000
7700
7400
7100
6800
6500
6200
5900
5600

D
8300
8000
7700
7400
7100
6800
6500
6200
5900
5600

9050
8750
8450
8150
7850
7550
7250
6950
6650

9450
9150
8850
8550
8150
7750
7350
6950

9950
9650
9350
9050
8650
8250
7850
7450

10450
10150
9850
9550
9150
8750
8350
7950

11450
11150
10850
10550
10150
9750
9350
8950

11650
11350
11050
10750
10250
9750
9250
8750

12150
11850
11550
11250
10750
10250
9750
9250

12650
12350
12050
11750
11250
10750
10250
9750

13150
12850
12550
12250
11750
11250
10750
10250

13650
13350
13050
12750
12250
11750
11250
10750

P
9350
9050
8750
8450
8150
7850
7550
7250
6950
6650

10
9
8
7
6
5
4
3
2
1
(d)

Subsequent Minimum Salary Schedule

A

13
12
11
10
9
8
7
6
5
4
3
2
1
13
12
11
10
9
8
7
6
5
4
3

9300
9000
8700
8400
8100
7800
7500
7200
6900
6600
6300
6000

B
9600
9300
9000
8700
8400
8100
7800
7500
7200
6900
6600
6300
6000

I
13050
12750
12450
12050
11650
11250
10850
10450
10050

9500
9200
8900
8600
8300
8000
7700
7400
7100
6800
6500
6200

D
9800
9500
9200
8900
8600
8300
8000
7700
7400
7100
6800
6500
6200

10550
10250
9950
9650
9350
9050
8750
8450
8150
7850
7550
7250

11550
11250
10950
10550
10150
9750
9350
8950
8550
8150
7750

12050
11750
11450
11050
10650
10250
9850
9450
9050
8650
8250

12550
12250
11950
11550
11150
10750
10350
9950
9550
9150
8750

13550
13250
12950
12550
12150
11750
11350
10950
10550

14350
14050
13750
13250
12750
12250
11750
11250
10750

14850
14550
14250
13750
13250
12750
12250
11750
11250

15350
15050
14750
14250
13750
13250
12750
12250
11750

15850
15550
15250
14750
14250
13750
13250
12750
12250

16350
16050
15750
15250
14750
14250
13750
13250
12750

P
10850
10550
10250
9950
9650
9350
9050
8750
8450
8150
7850

2
1

9650 10150 10250 10750

9250
9750
9750 10250

11250
10750

11750
11250

12250
11750

7550
7250

(e)
In the case of any professional employe or temporary
professional employe who holds a Master's Degree or its
equivalent, two (2) additional steps of three hundred dollars
($300) each shall be added to his class.
(f)
The mandated salaries provided in this section shall
be applicable to all professional and temporary professional
employes within their respective class. The annual salaries
payable under this section for the school year 1968-1969 and
each school year thereafter, shall include an annual service
increment for service in the school district during the previous
school year by advancing the salary of the professional or
temporary professional employe at least one full step on the
minimum salary schedule or to the step on which he is entitled
to be placed by virtue of years of experience within the school
district, whichever is higher.
(g)
Any professional employe or temporary professional
employe who holds a Master's Degree or its equivalent shall be
placed on a step which shall be at least three hundred dollars
($300) in addition to the minimum salary of an employe who holds
a college certificate and who does not hold a Master's Degree
and who has the same number of years of service in the district.
(h)
The salaries and increments provided by this section
may be reduced by written agreement between the school district
and the employe for the purpose of the school district
purchasing a tax-sheltered annuity contract, a retirement income
endowment policy, or other similar annuity contract. The
reduction shall not exceed the premium for the annuity. ((h)
added Dec. 6, 1972, P.L.1338, No.289)
(1142 amended June 12, 1968, P.L.192, No.96)
Section 1142.1. Minimum Salaries for
Teachers.--(a) Notwithstanding the provisions of section 1142,
the minimum salary paid to full-time teachers for the school
term 1988-1989 and each school term thereafter, shall be
eighteen thousand five hundred dollars ($18,500) as provided
in this section.
(b) This section shall not require, and shall not be
construed to require, the modification, renegotiation or
reopening of any contract or agreement in effect on the
effective date of this section between a public employer and a
public employe or employe organization pursuant to the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," nor shall the salary or any other terms of any
such contract or agreement be superseded or modified by this
section: Provided, that the board of school directors of a
school district may at any time during the term of such contract
or agreement implement the minimum salary provisions of this
section for the entire school term in the manner provided in
section 1151. Whenever a board of school directors of a school
district exercises the power granted by this subsection to
implement the minimum salary provisions of this section, it
shall implement them by making a supplemental salary payment
to each full-time teacher who qualifies for such payment in an
amount equal to the difference between eighteen thousand five
hundred dollars ($18,500) and the salary to which such teacher
is entitled under the terms of the applicable contract or
agreement and shall be entitled to receive the special payment
provided by section 2594.
(c) The board of school directors of a school district shall
pay to full-time teachers a salary which equals at least

eighteen thousand five hundred dollars ($18,500) for the school

term beginning after the expiration of the term of any contract
or agreement in effect on the effective date of this section
between a public employer and a public employe or employe
organization pursuant to the "Public Employe Relations Act,"
and for each school term thereafter.
(d) For purposes of this section, the following terms shall
have the following meanings:
"Board of school directors" shall mean board of school
directors, intermediate unit board of directors and area
vocational-technical board.
"School district" shall mean school district, intermediate
unit and area vocational-technical school.
"Teacher" shall mean classroom teachers and all others
included within the definition of "teacher" in section 1141,
including speech correctionists and instructional department
chairmen employed by a school district.
(1142.1 added Oct. 20, 1988, P.L.827, No.110)
Section 1143. Minimum Salaries and Increments; Districts
Second, Third and Fourth Class and Vocational School
Districts.--(1143 repealed Dec. 27, 1951, P.L.1776, No.471)
Section 1144. Additional Increments for College Certificate
or Master's Degree.--Any professional employe or temporary
professional employe, who, during the term of his employment,
shall receive a college certificate or shall earn a Master's
Degree, shall, commencing with the next succeeding school term,
be entitled to the compensation prescribed for his new status,
which shall be at least three hundred dollars ($300) in excess
of the annual service increment earned by him during the
previous year.
Any temporary professional employe who holds a Master's
Degree at the time of his initial employment in the public
schools of this Commonwealth shall receive, commencing with the
second year of service, compensation of at least three hundred
dollars ($300) in excess of that to which such employe would
otherwise be entitled.
(1144 amended June 12, 1968, P.L.192, No.96)
Section 1144.1. Teachers of Applied Arts and Vocational
Subjects.--Teachers of applied arts and vocational subjects who
hold a standard certificate shall be entitled to the same
minimum salary and increments as teachers who hold a college
certificate.
Teachers of applied arts and vocational subjects who hold a
standard certificate and have earned an additional thirty (30)
semester hours of credit in professional education in the
teaching field in which said teacher is engaged or related
thereto shall be entitled to the same minimum salary and
increments as teachers holding a Master's Degree.
(1144.1 added May 11, 1949, P.L.1088, No.319)
Section 1145. Minimum Salaries for Teachers With Emergency
Certificates.--In all school districts and vocational school
districts, the minimum annual salary of teachers, who hold only
emergency certificates for any grade or subject which they
teach, shall be one thousand six hundred dollars ($1600).
Section 1146. Part-time Teachers, etc.--The minimum salary
of all part-time teachers, supervisors and principals shall be
as follows:
(1) Special Education. Teachers having a certificate valid
for the subjects in which the teacher is giving instruction,
employed to teach children of exceptional physical or mental
condition who are unable to attend a regular public school,

four dollars ($4.00) per hour. ((1) amended Sept. 17, 1965,
P.L.523, No.265)
(2) General Extension Education.
(a) Teachers, supervisors and directors of extension schools
and classes holding a certificate valid for the subjects in
which the teacher is giving instruction, four dollars ($4.00)
per hour.
(b) Teachers, leaders, supervisors and directors of
extension recreation activities holding a certificate valid for
the subjects in which he is giving instruction, two dollars and
fifty cents ($2.50) per hour.
(c) Whenever better qualified recreation teachers and
leaders are not available, persons possessing evidence of
graduation from an approved four year high school and actual
experience in a given field of recreation may be issued an
emergency certificate for service in that field, the required
minimum salary for whom shall be one dollar and fifty cents
($1.50) per hour.
(3) Teacher load.
(a) Ten (10) clock hours of service per week shall
constitute the maximum teacher load for general extension
teachers who are also concurrently engaged in full-time
day-school teaching or other full-time employment.
(b) Thirty (30) clock hours of service per week shall
constitute the maximum teacher load for such teachers not
otherwise concurrently employed.
(4) Vocational Extension Education.
(a) Teachers and supervisors in approved programs of
vocational adult extension education, four dollars ($4.00) per
hour.
(b) All part-time teachers and supervisors in approved
vocational extension education shall be limited to a maximum
of ten (10) hours per week at the rate of four dollars ($4.00)
per hour. When hours in excess of ten (10) hours per week are
assigned the hourly rate shall be adjusted by the district to
conform with the established schedule but shall be not less
than one dollar and seventy-five cents ($1.75) per hour.
(5) Director load.
(a) Forty-eight (48) clock hours of service per week for
fifty (50) weeks shall constitute the maximum load for full-time
directors of extension education or recreation programs.
(b) Fifteen (15) clock hours of service per week shall
constitute the maximum load for part-time directors of extension
education or recreation programs who are concurrently engaged
in full-time day-school teaching or other full-time employment
the program shall maintain a minimum of twelve (12) classes or
activities operating simultaneously.
(c) Forty-eight (48) clock hours of service per week shall
constitute the maximum load for part-time directors not
otherwise concurrently employed the program shall maintain a
minimum of twelve (12) classes or activities operating
simultaneously.
(1146 amended Sept. 12, 1961, P.L.1263, No.554)
Section 1147. Increase or Decrease of Usual Number of
Periods per Day.--Teachers who are required, because of
additional work, to devote more than the usual number of periods
per day to their duties, shall be entitled to a fair increase
in compensation to be determined by the board of public
education or the board of school directors. Teachers, who may
be employed in giving instruction for only part of a day, shall
render such other service for such period of time per day as
the board of school directors may direct, but if such service

cannot be assigned to such teacher by the board of school

directors, the salary paid to such teacher shall be proportioned
to the number of hours of service rendered.
Section 1148. Substitute Teachers.--Substitutes shall be
paid not less than the minimum salary provided for by section
1142, or in the event they are employed for less than a full
school year, the proportionate part of such minimum salary equal
to the proportionate part of the school year during which they
were employed, arrived at by dividing the number of days during
which a substitute was employed by the total number of days the
schools of the district were in session during the school year.
(1148 amended Oct. 20, 1988, P.L.827, No.110)
Section 1149. Increments When Employed by Another
District.--The increments herein provided for are applicable
only where the beneficiaries thereof remain in the service of
the same school district. Where such teachers enter a new
district they shall enter at a point in the schedule to be
agreed upon between said teachers and the employing districts,
which agreements shall be made a part of the contract between
them.
Section 1150. Schedules for Teachers, etc. not Provided
For.--The board of school directors of each school district
shall establish a salary schedule with increments for all
members of the teaching and supervisory staff not included in
any of the foregoing schedules.
Section 1151. Salary Increases; Demotions.--The salary of
any district superintendent, assistant district superintendent
or other professional employe in any school district may be
increased at any time during the term for which such person is
employed, whenever the board of school directors of the district
deems it necessary or advisable to do so, but there shall be
no demotion of any professional employe either in salary or in
type of position, except as otherwise provided in this act,
without the consent of the employe, or, if such consent is not
received, then such demotion shall be subject to the right to
a hearing before the board of school directors and an appeal
in the same manner as hereinbefore provided in the case of the
dismissal of a professional employe.
(1151 amended Aug. 8, 1963, P.L.564, No.299)
Section 1152. Compensation in Excess of Schedule; Temporary
or Emergency Increases.--The foregoing schedules prescribe a
minimum salary in each instance, and where an increment is
prescribed, it is also a minimum. It is within the power of the
boards of school directors to increase for any person or group
of persons, included in any schedule, the initial salary or the
amount of an increment or the number of increments.
Nothing contained in this act shall be construed to interfere
with or discontinue any salary schedule rights, tenure rights,
or other privileges or terms of employment now or heretofore
in force in any school district, provided such shall meet the
requirements of this act, nor to prevent the adoption of any
salary schedule in conformity with the provisions of this act.
In addition to the salaries provided for by this act, the
board of directors of each school district is hereby authorized
to grant temporary or emergency increases in salaries to members
of its teaching or supervisory staff for any period, and to
discontinue such increases at the end of the period for which
the same were granted, any law to the contrary notwithstanding.
In order to pay the amount of salary hereby provided for, the
board of school directors of any school district may revise its
budget by increasing its appropriation or appropriations for
salaries of members of the teaching and supervisory staffs of

the school district for any year. The funds therefor shall be
provided from unexpended balances in existing appropriations,
from unappropriated revenue, if any, or from temporary loans.
Any temporary or emergency increases heretofore or hereafter
granted by any school district, and the discontinuance thereof
at the end of the period for which granted, and any contracts,
rights, tenure rights, or other privileges or terms of
employment heretofore in effect in any school district, provided
the same shall meet the requirements of this act, are hereby
ratified, confirmed and made valid, notwithstanding the terms
or provisions of any other act or that the same may have been
done without previous authority of law.
No school district shall be required to pay any increments
provided for hereby to any teacher who is rated unsatisfactory
for any part of the probationary period of such teacher.
(1152 reenacted and amended Dec. 20, 1968, P.L.1256, No.398)
Section 1153. Payment of Salaries of Teachers when Prevented
from Rendering Services.--When a board of school directors is
compelled to close any school or schools on account of
contagious disease, the destruction or damage of the school
building by fire or other causes, the school district shall be
liable for the salaries of the teachers of said school or
schools for the terms for which they were engaged. Whenever a
teacher is prevented from following his or her occupation as a
teacher, during any period of the school term, for any of the
reasons in this section specified, the school district shall
be liable for the salary of such teacher for such period, at
the rate of compensation stipulated in the contract between the
district and the teacher, in addition to the time actually
occupied in teaching by such teacher.
Whenever a teacher is prevented by sickness or some other
unavoidable circumstance from following his or her occupation,
the school district may, at the discretion of the directors,
make such payments of compensation during the period of absence
from duty as the exigencies of the case may seem to warrant.
In the case of sickness, no payments shall be made unless the
teacher shall have furnished to the board of school directors
a certificate from a physician stating the nature of the
sickness and certifying that he or she was unable to perform
duties as a teacher.
Section 1154. Payment of Salaries in Cases of Sickness,
Injury or Death.--(a) In any school year whenever a
professional or temporary professional employe is prevented by
illness or accidental injury from following his or her
occupation, the school district shall pay to said employe for
each day of absence the full salary to which the employe may
be entitled as if said employe were actually engaged in the
performance of duty for a period of ten days. Any such unused
leave shall be cumulative from year to year in the school
district of current employment or its predecessors without
limitation. All or any part of such accumulated unused leave
may be taken with full pay in any one or more school years. No
employe's salary shall be paid if the accidental injury is
incurred while the employe is engaged in remunerative work
unrelated to school duties.
Whenever the boards of school directors of two or more school
districts may establish any joint elementary public school,
high school or department, or whenever two or more school
districts shall merge or form a union school district or
administrative unit in accordance with the provisions of
sections 291, 292, 293, 294, 295, 296 and 297 of this act, the
professional or temporary professional employes employed by the

several boards of school directors establishing such joint

school or department or merged or union school district or
administrative unit shall be entitled to the sick leave
accumulated in the individual school districts subsequently
establishing such joint school or department or merged or union
school district or administrative unit.
Professional and temporary professional employes who sever
their employment with one school district and enter into
employment with another school district shall be entitled to
all accumulated leave not exceeding a maximum of twenty-five
(25) working days acquired during their employment in the school
districts of the Commonwealth.
The board of school directors may require the employe to
furnish a certificate from a physician or other practitioner
certifying that said employe was unable to perform his or her
duties during the period of absence for which compensation is
required to be paid under this section.
The board of school directors of each school district shall
maintain and supply annually to each professional and temporary
professional employe a copy of a cumulative record of sick leave
credited to and used by such professional or temporary
professional employe. In any case involving a dispute over the
amount of accumulated sick leave, a professional or temporary
professional employe shall have a right of appeal to the
Secretary of Education pursuant to such rules and regulations
as he may establish.
((a) amended Aug. 18, 1971, P.L.339, No.88)
(b) Whenever a professional or temporary professional
employe shall be absent from duty because of a death in the
immediate family of said employe, there shall be no deduction
in salary of said employe for an absence not in excess of three
school days. The board of school directors may extend the period
of absence with pay in its discretion as the exigencies of the
case may warrant. Members of the immediate family shall be
defined as father, mother, brother, sister, son, daughter,
husband, wife, parent-in-law or near relative who resides in
the same household, or any person with whom the employe has
made his home.
(c) Whenever a professional or temporary professional
employe is absent because of the death of a near relative, there
shall be no deduction in the salary of said employe for absence
on the day of the funeral. The board of school directors may
extend the period of absence with pay in its discretion as the
exigencies of the case may warrant. A near relative shall be
defined as a first cousin, grandfather, grandmother, aunt,
uncle, niece, nephew, son-in-law, daughter-in-law,
brother-in-law or sister-in-law. ((c) amended Dec. 22, 1965,
P.L.1180, No.467)
(d) All compensation required to be paid under the
provisions of this act shall be paid to the employe in the same
manner and at the same time said employe would have received
his salary if actually engaged in the performance of his duties.
(e) Any board of school directors may adopt rules or
regulations pertaining to the payment of salaries of employes
when absent from duty, extending the period of leave with or
without pay in excess of that herein provided, or authorizing
leaves with pay for other purposes. This act is not intended
to repeal any rule or regulation of any board of school
directors now in effect which does provide for such additional
compensation or additional period of leave with pay. ((e)
amended Dec. 22, 1965, P.L.1180, No.467)
(1154 amended May 24, 1951, P.L.368, No.84)

Section 1154.1. Alternative Payment Plan.--(a) In any

school year whenever a professional, temporary professional or
nonprofessional employe is prevented by illness or accidental
injury from following his or her occupation, the school district
or other school entity by written agreement with the employe
may, as an alternative to the payments provided in section
1154(a), establish a plan excluding from wages payments made
as provided in section 209(b) of the Social Security Act (49
Statute 629).
(b) The State Treasurer is authorized to recover, on behalf
of the Commonwealth and school districts and all other school
entities enumerated in this act and on behalf of all officers
and employes thereof, Social Security overpayments made to the
United States Treasury.
(c) The expenses incurred by the State Treasurer in
recovering such overpayments may be paid out of any recoveries
of overpayments on behalf of the Commonwealth and school
entities.
(d) The State Treasurer may take such actions as he deems
reasonable in the recovery of such overpayments.
(e) The full amount of any recoveries of overpayments for
employes shall be refunded to such employes. The amount of any
recoveries on behalf of school entities, after deducting the
expenses of collection, shall be transferred or credited to the
school entities. Any expenses previously paid by the State
Treasurer shall be refunded from such recoveries. Any unpaid
expenses shall be paid from such recoveries.
(1154.1 reenacted and amended Apr. 4, 1984, P.L.190, No.38)
Section 1155. Preferred Claims; Short Term Loans.--The
payroll obligations of each school district shall be
preferential claims. It shall be the duty of the board of school
directors of each district to provide for the payment of payroll
obligations before authorizing the payment of any other current
expense except for fuel, water, electric service, or such
supplies as are actually essential for keeping the schools in
session. In order to meet payroll requirements the board shall,
if necessary, negotiate such short term loans as are necessary
and possible in accordance with the law governing the borrowing
powers of the district.
In the event the payment of salaries of employes of any
school district is not made when due, the school district shall
be liable for the payment of same, together with interest at
six per centum (6%) per annum from the due date: Provided, That
no school district shall be required to pay interest on unpaid
salaries, if the failure to pay salaries is occasioned by the
failure of the Commonwealth to make payment of semi-annual
allotment of appropriation at the time that such payment is
due.
(1155 amended June 30, 1959, P.L.493, No.118)
(e)

Supervising Principals.

Section 1161. Employment in Districts Third and Fourth

Class.--(1161 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1162. Joint Employment Including Supervisors or
Teachers of Special Subjects.--Two or more school districts
may, upon the nomination or joint nomination of the county
superintendent, district superintendent or supervising principal
under whose supervision such districts may be, join in the
employment of a supervisor or teacher of drawing, music, or
other special subject, for part or all of the schools of such
districts and may jointly prescribe his duties and fix and pay

his compensation, under and subject to the provisions of this

article governing the employment and tenure of professional
employes. Such employment of teachers of special subjects shall
include, for the purpose of easing the transition period of
immigrants residing in such school districts, the employment
of special teachers who speak the idiomatic or colloquial
language of immigrants residing in such school districts.
(1162 amended Mar. 19, 1970, P.L.189, No.73)
Section 1163. Supervising Principals of Joint Boards or
Union or Merged Districts.--(1163 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1164. Compensation Plans for School
Administrators.--(a) As used in this section, the following
words will have the following meanings:
"Administrative compensation" shall mean administrator
salaries and fringe benefits and shall include any board
decision that directly affects administrator compensation such
as administrative evaluation and early retirement programs.
"School administrator" shall mean any employe of the school
entity below the rank of district superintendent, executive
director, director of vocational-technical school, assistant
district superintendent or assistant executive director, but
including the rank of first level supervisor, who by virtue of
assigned duties is not in a bargaining unit of public employes
as created under the act of July 23, 1970 (P.L.563, No.195),
known as the "Public Employe Relations Act." However, this
definition shall not apply to anyone who has the duties and
responsibilities of the position of business manager or
personnel director, but not to include principals.
"School employer" shall mean a board of school directors,
the area vocational-technical school board of directors or the
intermediate unit board of school directors as defined in this
act.
(b) The purpose of this section is to provide a means by
which compensation matters affecting school administrators can
be resolved within the framework of a management team
philosophy.
(c) School employers, upon the written request of a majority
of the school administrators in the district, shall be required
to meet and discuss in good faith with the school administrators
on administrator compensation prior to adoption of the
compensation plan.
(d) School employers shall be required to adopt written
administrator compensation plans which shall apply to all
eligible school administrators, as provided in this section,
and which shall continue in effect until a time specified in
the compensation plan, but in no event for less than one school
year.
(e) An administrator compensation plan adopted pursuant to
this section shall include, but not be limited to, the following
items:
(1) A description of the program determining administrative
salaries.
(2) Salary amounts or a salary schedule.
(3) A listing of fringe benefits.
(f) School employers and school administrators shall
continue to be subject to the act of June 30, 1947 (P.L.1183,
No.492), referred to as the Public Employe Anti-Strike Law.
(1164 added June 29, 1984, P.L.438, No.93)
(f)

Sabbatical Leaves of Absence.

Compiler's Note: Section 7 of Act 66 of 1996, which amended

sections 1166, 1168 and 1171, provided that nothing in
Act 66 shall supersede or preempt any provisions of a
collective bargaining agreement negotiated by a school
entity and its employee organization, that is in effect
on the effective date of section 7 and that Act 7 shall
not appply to sabbatical leaves approved by a board of
school directors prior to July 1, 1996.
Section 1166. Persons Entitled.--(a) Any person employed
in the public school system of this Commonwealth who has
completed ten (10) years of satisfactory service as a
professional employe or member of the supervisory, instructional
or administrative staff, or as a commissioned officer, of any
board of school directors, county board of school directors,
or any other part of the public school system of the
Commonwealth, shall be entitled to a leave of absence for
professional development or a sabbatical leave for restoration
of health or, at the discretion of the board of school
directors, for other purposes. At least five consecutive years
of such service shall have been in the school district from
which leave of absence for professional development or
sabbatical leave for restoration of health is sought, unless
the board of school directors shall in its discretion allow a
shorter time: Provided, however, That in the case of
professional employes of area vocational-technical schools or
technical institutes prior service in the participating school
districts shall be credited toward such service requirement. A
leave of absence for professional development or sabbatical
leave for restoration of health shall be for a half or full
school term or for two half school terms during a period of two
years, at the option of such person: Provided, however, if a
sabbatical leave is requested because of the illness of an
employe, a leave shall be granted for a period equivalent to a
half or full school term or equivalent to two half school terms
during a period of two years: Provided further, That if a
sabbatical leave for restoration of health or a leave of absence
for professional development for one half school term or its
equivalent has been granted and the employe is unable to return
to school service because of illness or physical disability,
the employe, upon written request prior to the expiration of
the original leave, shall be entitled to a further leave for
one half school term or its equivalent: Provided further, That
if a leave for a full school term or its equivalent has been
granted and the employe is unable to return to school service
because of illness or physical disability, the board of school
directors may extend such leave for such periods as it may
determine but not to exceed one full school term or its
equivalent. Thereafter, one leave of absence for professional
development or a sabbatical leave for restoration of health
shall be allowed after each seven years of service.
(b) A sabbatical leave for restoration of health or a leave
of absence for professional development granted to a regular
employe shall also operate as a leave of absence without pay
from all other school activities.
(1166 amended June 28, 1996, P.L.430, No.66)
Section 1166.1. Leaves of Absence for Professional
Development.--(a) A leave of absence for professional
development shall be directly related to the professional
responsibilities as determined by the board of school directors
and shall be restricted to activities required by regulations
of the State Board of Education and by the laws of this

Commonwealth for a professional certificate or commission or

to improve professional competency. All requests for a leave
of absence for professional development shall be subject to
review and authorization by the board of school directors, which
shall have sole authority to adopt and enforce policy
establishing the conditions for approval of such leaves. At a
minimum for a half school term, a leave of absence for
professional development shall consist of any of the following
or a combination thereof: nine (9) graduate credits, twelve
(12) undergraduate credits, one hundred eighty (180) hours of
professional development activities. At a minimum for a full
school term, a leave of absence for professional development
shall consist of any of the following or a combination thereof:
eighteen (18) graduate credits, twenty-four (24) undergraduate
credits, three hundred sixty (360) hours of professional
development activities.
(b) The employe requesting a leave of absence for
professional development shall submit to the board of school
directors a detailed plan describing the professional
development activities to be undertaken. The board shall be
authorized to approve or reject the plan, consistent with its
written policy. Upon completion of the leave, the employe shall
provide to the board of school directors satisfactory evidence
that the employe's approved plan for professional development
was fully complied with during the leave of absence. If the
employe fails to do so, unless prevented by illness or physical
disability, the employe shall forfeit all benefits to which
said employe would have been entitled under the provisions of
this act for the period of the absence for professional
development.
(1166.1 added June 28, 1996, P.L.430, No.66)
Section 1167. Preferences; Limitations.--Applications for
leaves of absence shall be given preference, according to the
years of service since the previous sabbatical leave of the
applicant, and in accordance with regulations adopted by the
board of school directors.
No school district shall limit the number of leaves of
absence granted in any school year to less than ten per centum
(10%) of the number of persons eligible for such leave of
absence regularly employed in such district. Schools which have
a staff of seven (7) or less teachers shall be permitted at
least one leave of absence each term.
(1167 amended July 27, 1953, P.L.629, No.184)
Section 1168. Return to Employment.--(a) No leave of
absence shall be granted unless such person shall agree to
return to his or her employment with the school district for a
period of not less than one school term immediately following
such leave of absence.
(b) No such leave of absence shall be considered a
termination or breach of the contract of employment, and the
person on leave of absence shall be returned to the same
position in the same school or schools he or she occupied prior
thereto.
(c) If the employe fails to return to employment unless
prevented by illness or physical disability, the employe shall
forfeit all benefits to which said employe would have been
entitled under the provisions of this act for the period of the
leave.
(d) If such employe resigns or fails to return to his
employment, the amount contributed by the school district under
section 1170 of this act to the Public School Employes'
Retirement Fund shall be deducted from the refund payable to

such employe under existing law and the amount so deducted shall
be refunded to the school district by which it was paid.
(1168 amended June 28, 1996, P.L.430, No.66)
Section 1169. Salary While on Leave.--The person on leave
of absence shall receive at least one-half of his or her regular
salary during the period he or she is on sabbatical leave.
(1169 amended July 10, 1986, P.L.1270, No.117)
Section 1170. Rights Retained.--Every employe, while on
sabbatical leave of absence, shall be considered to be in
regular full-time daily attendance in the position from which
the sabbatical leave was taken, during the period of said leave,
for the purpose of determining the employe's length of service
and the right to receive increments, as provided by law.
Every person on leave of absence shall continue his or her
membership in the School Employes' Retirement Association. The
school district shall pay into the School Employes' Retirement
Fund on behalf of each such employe on leave, in addition to
the contributions required by law to be made by it, the full
amount of the contribution required by law to be paid by the
employe, as though said employe were actually in regular
full-time daily attendance in the position from which the
sabbatical leave was taken, so that such employe's retirement
rights shall be in no way affected by such leave of absence.
The amount of the contribution required to be paid by the
employe shall be deducted from any compensation payable to the
employe while on leave.
Nothing in this subdivision of this article shall be
construed to prevent any person on leave of absence from
receiving a grant for further study from any institution of
learning.
(1170 amended July 29, 1953, P.L.1004, No.253)
Section 1171. Regulations.--The board of school directors
shall have the right to make such regulations as they may deem
necessary to make sure that employes on leave shall utilize
such leave properly for the purpose for which it was granted,
requiring reports from the employe or employes on leave in such
manner as they may deem necessary.
(1171 carried without amendment June 28, 1996, P.L.430,
No.66)
(g) Military Service in Time
of War or National Emergency.
Compiler's Note: Section 30 of Act 23 of 1991 provided that
Act 14 is repealed insofar as the provisions contained
therein relating to credit for military leave are
inconsistent with the provisions of Act 23.
Section 1176. Leave of Absence.-(a) Any employe of any school district, who shall have been
regularly employed by any school district or vocational school
district for any period, and who shall volunteer for military
service in the armed forces of the United States of America in
time of war or during a state of national emergency or who shall
be inducted for military service in the Armed Forces of the
United States of America at any time, shall, within thirty (30)
days after the receipt of notice to report for duty, send a
copy of such notice to the secretary of the school board by
which he is employed. ((a) amended Mar. 20, 1956, 1955 P.L.1309,
No.413)
(b) The secretary of the school board shall verify the
information contained in the notice from any employe concerning

selection or induction into military or naval service, and,

upon verification of such facts, shall record the same in the
records of the school board and send notice thereof to said
employe.
(c) Without further action by the board of school directors,
the employe inducted into military or naval service shall
forthwith be considered to be upon leave of absence for the
entire duration of such service. All rights and privileges shall
be reserved to such employe as if he continued in the service
of said school board: Provided, That no such leave of absence
shall be granted unless said employe shall in writing agree
upon termination of the said leave to return to employment in
said school district for a period of not less than one year.
Section 1177. Reinstatement in Former School Position.--Upon
termination of the military service of such an employe, the
school board shall immediately return said employe to the same
position in the same school or schools, from which said employe
was granted leave of absence, or if this is impracticable in
the opinion of the board, then to a similar position.
(1177 amended Mar. 20, 1956, 1955 P.L.1309, No.413)
Section 1178. Rights Preserved During Leave of Absence.--(a)
Wherever a contract is required by law and wherever a contract
actually exists between the school board and the employe, the
same shall be considered to continue in full force and effect
during said leave of absence.
(b) Increments shall not be abated during said leave of
absence, but shall continue to accrue to such employes.
(c) The school district shall pay into the School Employes'
Retirement Fund on behalf of each such employe, in addition to
the contributions required by law to be made by it, the full
amount of the contribution required by law to be paid by the
employe, so that such employe's retirement rights shall in no
way be affected by such leave of absence. If any such employe
resigns, or fails to return to his employment as provided in
this act, the amount contributed by the school district under
this subsection shall be deducted from the refund payable to
such employe under existing law, and the amount so deducted
shall be refunded to the school district by which it was paid.
If any such employe shall return within one year from the date
of his discharge from military service to school service in any
other school district within this Commonwealth, or as an employe
of any institution or board, the employes of which are entitled
to membership in the School Employes' Retirement Association
in accordance with the provisions of the act, approved the
eighteenth day of July, one thousand nine hundred seventeen
(Pamphlet Laws 1043), as amended, he shall be entitled to have
full credit for each year he spent in military or naval service
upon his restoring to the School Employes' Retirement Fund, to
the credit of the annuity savings account, his total accumulated
deductions in the amount they should have been at the time he
resigned from, or failed to return to, the school district from
which he entered the military or naval service. Such back
payments may either be paid in a lump sum or by such monthly
payroll deductions as may be approved by the school employes'
retirement board.
(d) The period of said leave of absence shall be considered
as service to the school board in the matter of seniority
rights. ((d) amended June 28, 1996, P.L.430, No.66)
(e) Notwithstanding this section, for military service for
leaves granted on or after July 1, 2013, an employe who is an
active or inactive member of the Public School Employees'
Retirement System at the time he is granted a military leave

shall be entitled to receive credit in the Public School

Employees' Retirement System for the leave as provided in 24
Pa.C.S. Pt. IV (relating to retirement for school employees).
((e) added July 1, 2013, P.L.194, No.33)
Compiler's Note: See sections 2 and 3 of Act 33 of 2013 in
the appendix to this act for special provisions relating
to applicability and construction of law.
Section 1179. Continuation of State Appropriations.--During
the period of said leave of absence, if a qualified substitute
is employed, the Commonwealth shall pay the school board the
full amount of State contribution or grant as if the employe
were performing his regular school duties for the school board.
Section 1180. Rights of Persons on Eligibility Lists.--(a)
No person who shall have acquired a place upon the eligibility
list for any position in any school district shall suffer the
loss of such listing and the position thereon as the result of
such inducting into military or naval service. It shall be the
duty of the school board to provide a fair and equitable method
of preserving rights of such persons.
(b) Any person who shall have entered the military or naval
services as aforesaid and whose name shall be reached upon said
eligibility lists for any position in any school district shall
be appointed to said position as if such person were in fact
available for actual service in said position, and such person
shall be so notified by the secretary of the school board of
said district, and thereafter all of the provisions of this
subdivision of this article shall apply.
Section 1181. Applicability and Intent.--The provisions of
this subdivision of this article shall apply to all employes
of all school districts who volunteer or are inducted into the
military or naval service under the laws of the United States
of America.
It is the intention that such employes so effected shall
retain all of the rights and privileges they shall have acquired
prior to assignment to service under Federal statutes or any
such rights and privileges they would have acquired or received
if they had not been assigned to such service. It is intended
that such employes assigned to such service shall be considered
in all respects to be continuing in the service of the school
board for which they were last working prior to such assignment
to military or naval service.
Section 1182. Leave for Elective Public Office.--Any
full-time employe of a school entity who has been an employe
for at least five (5) years and who has been elected to public
office as a county official in any county of this Commonwealth,
shall be entitled to a leave of absence for the first four (4)
years of the elected period of service: Provided, however, That
such leave of absence shall be without pay. Any employe
qualifying for and desiring leave for elective public office
shall file a written statement declaring the employe's intent
to take a leave of absence together with a copy of the employe's
official certification of election with the secretary of the
school entity. Certification of election shall be recorded in
the school board minutes at the next regular meeting of the
board of directors. No employe on such leave of absence shall
be eligible for retirement credit or for purchase of retirement
credit at any future date for time spent on leave of absence.
Should the employe decide to return to full-time employment
with the school entity at the conclusion of the leave of
absence, the employe shall be entitled to a position similar
to that which the employe held prior to the leave of absence.

Nothing in this section shall prohibit a board of school

directors from granting a leave of absence, at its discretion,
to any employe who has been elected to any public office other
than as a county official.
(1182 added Feb. 8, 1980, P.L.3, No.2)
(h) Meetings of Teachers.
(h) repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1186. County Superintendents to Call
Meetings.--(1186 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1187. Attendance Records and Reports; Expenses of
Meeting.--(1187 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1188. Compensation of Teachers Attending.--(1188
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1189. Penalty on Teachers Failing to Attend.--(1189
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1190. Auditors.--(1190 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1191. Statement of Receipts and
Disbursements.--(1191 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1192. Expenses Paid by County; Limitation.--(1192
repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1193. Reports to Department of Public
Instruction.--(1193 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1194. Districts Having District
Superintendent.--(1194 repealed Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 1195. Distinguished Educators Program.--(a) The
Department of Education shall establish a Distinguished
Educators Program for organizing individuals into a State corps
of educators for the purpose of making them available throughout
this Commonwealth to help eligible school districts and schools
improve the quality of education.
(b) The department shall develop guidelines, standards and
criteria for the selection of participants. At a minimum,
candidates must hold administrative or instructional
certificates and have satisfactory experience as a teacher or
school administrator for a minimum of five (5) years prior to
the date of application. Candidates selected for participation
shall have knowledge and skills relating to school leadership,
management, curriculum and instruction.
(c) Applications shall be submitted to the department in a
form and manner prescribed by the department. The application
form and information relating to applying for the program, along
with criteria to be used to review applications, shall be
published in the Pennsylvania Bulletin and may be placed on the
department's Internet website.
(d) The following applies for school year 2007-2008 and
each school year thereafter:
(1) The department shall appoint a selection committee to
annually select from the applications received those individuals
who will participate in the program.
(2) At least ninety per centum (90%) of the individuals
selected for participation in any year must possess an
instructional or administrative certificate issued by the
Commonwealth.
(3) An individual selected must not be an employe of the
department or a professional organization representing school

boards of directors, school administrators, school principals

or teachers.
(e) By participating in the program, all individuals
recognized as Distinguished Educators by the department agree
to provide assistance to eligible school districts and schools
at the request of the department.
(f) The department shall establish an intensive and
comprehensive training program for Distinguished Educators in
order to participate in the program. Individuals must attend
and complete the training program before being named a
Distinguished Educator. The department shall require additional
training from time to time to ensure the continued competencies
of Distinguished Educators and the integrity of the program.
Training shall be provided at no cost to participants. The
training program shall include instruction relating to school
district and school management, methods of personnel evaluation,
school district and school organization, curriculum and
assessment techniques and methodologies. Participants in the
program will be compensated by the department during training
pursuant to subsection (j).
(g) The following apply:
(1) Upon request of the department, a Distinguished Educator
may be assigned to provide assistance to an eligible school
district or to one or more schools within that school district
as part of a team of Distinguished Educators.
(2) No Distinguished Educator may be assigned as a
consultant to the department.
(3) The following apply:
(i) A Distinguished Educator may be assigned to provide
assistance to one or more eligible school districts for a period
of at least one (1) school semester, which may be extended upon
mutual agreement of the Distinguished Educator and the
department. A Distinguished Educator shall not be assigned to
a school district from which leave was granted for the
Distinguished Educator pursuant to subsection (h).
(ii) While on assignment, a Distinguished Educator shall
do all of the following:
(A) Cooperate with the superintendent and leadership team
in the school districts where they are serving schools.
(B) Work cooperatively with other members of the
Distinguished Educators Program and the department.
(C) Recommend curriculum and assessment techniques and
methodologies.
(h) Any school district, intermediate unit or area
vocational-technical school may grant leave to a Distinguished
Educator to serve under and in accordance with the provisions
of this article.
(i) If leave is granted under subsection (h), Distinguished
Educators shall maintain the rights and obligations established
in sections 1168 and 1170, but the leave shall not be subject
to section 1166, 1166.1, 1167 or 1169.
(j) The department shall compensate an individual serving
as a Distinguished Educator based on a formula developed by the
department and published annually in the Pennsylvania Bulletin
by August 1 of each year. The department shall make payment
only to the extent that funds are appropriated for this purpose.
The department shall not pay any costs incurred by a school
district to fill a vacancy resulting from the absence of a
Distinguished Educator during the leave granted pursuant to
subsection (h).
(k) Notwithstanding the provisions of 24 Pa.C.S. 8346
(relating to termination of annuities), an individual who is

an annuitant may serve as a Distinguished Educator without the

loss of his annuity. While serving as a Distinguished Educator,
the annuitant shall not be entitled to earn any credited
service, and no contributions shall be made by the annuitant
or the department on account of such service as a Distinguished
Educator.
(l) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
The term "eligible school district" shall mean a school
district which meets at least one of the following criteria:
(1) Has one or more schools in corrective action.
(2) Has one or more schools which have not met their
academic adequate yearly progress targets in math and reading
for the school overall.
(3) Has one or more schools which have not met their
academic adequate yearly progress targets in math and reading
for a particular subgroup for two consecutive years.
(4) Has one or more schools which have met their academic
adequate yearly progress targets in math and reading only by
the department's application of section 1111(b)(2)(I)(i) of the
No Child Left Behind Act of 2001 (115 Stat. 1445, 20 U.S.C.
6311(b)(2)(A)(i)), the Pennsylvania Performance Index or
confidence intervals.
"Selection Committee." A committee formed by the department
which, at a minimum, includes one of each of the following:
(1) A Pennsylvania educator who has been recognized by a
national, State or independent organization for excellence in
education.
(2) A Pennsylvania education practitioner.
(3) A national education practitioner.
(4) A Pennsylvania education researcher.
(5) A department representative.
With the exception of the department representative, a member
of the selection committee under clause (1), (2), (3) or (4)
must not be an employe of the department or a school entity
administering the program.
(1195 added July 11, 2006, P.L.1092, No.114)
(i) Programs.
(Subdiv. added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
Subarticle (i), provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1195.1. (Reserved).
(1195.1 added Nov. 17, 2010, P.L.996, No.104)
ARTICLE XI-A.
COLLECTIVE BARGAINING.
(Art. added July 9, 1992, P.L.403, No.88)
Compiler's Note: Section 6 of Act 88 of 1992, which added
Article XI-A, provided that the act of July 23, 1970
(P.L.563, No.195), known as the Public Employe Relations
Act, is to be read in pari materia with the addition of
Article XI-A, but is repealed insofar as it is
inconsistent with the addition of Article XI-A.
(a) General Provisions.
((a) added July 9, 1992, P.L.403, No.88)

Section 1101-A. Definitions.--When used in this article,

the following words and phrases shall have the following
meanings:
"Board" shall mean the Pennsylvania Labor Relations Board.
"Employe" shall mean a public school employe who bargains
collectively with a public school entity, but shall not include
employes covered or presently subject to coverage under the act
of June 1, 1937 (P.L.1168, No.294), known as the "Pennsylvania
Labor Relations Act," or the National Labor Relations Act (61
Stat. 152, 29 U.S.C. Ch. 7 Subch. 11). The term does not include
any management-level employe of any other school district.
"Employe organization" shall mean a public school employe
organization of any kind, or any agency or employe
representation committee or plan in which membership is limited
to public school employes, and which exists for the purpose,
in whole or in part, of dealing with public school employers
concerning grievances, public school employe-public school
employer disputes, wages, rates of pay, hours of employment or
conditions of work, but shall not include any organization which
practices discrimination in membership because of race, color,
creed, national origin or political affiliation.
"Employer" shall mean a public school entity, but shall not
include employers covered or presently subject to coverage under
the act of June 1, 1937 (P.L.1168, No.294), known as the
"Pennsylvania Labor Relations Act," or the National Labor
Relations Act (61 Stat. 152, 29 U.S.C. Ch. 7 Subch. 11).
"Impasse" shall mean the failure of an employer and an
employe organization to reach an agreement in the course of
negotiations.
"Lockout" shall mean the cessation of furnishing of work to
employes or withholding work from employes for the purpose of
inducing, influencing or coercing a change in the conditions
or compensation or the rights, privileges or obligations of
employment.
"Representative" shall mean an individual acting for
employers or employes and shall include employe organizations.
"School entity" shall mean a public school district,
intermediate unit or area vocational-technical school.
"Strike" shall mean concerted action in failing to report
for duty, the wilful absence from one's position, the stoppage
of work, slowdown or the abstinence, in whole or in part, from
the full, faithful and proper performance of the duties of
employment for the purpose of inducing, influencing or coercing
a change in the conditions or compensation or the rights,
privileges or obligations of employment. The employe
organization having called a strike once and unilaterally
returned to work may only call a lawful strike once more during
the school year. A written notice of the intent to strike shall
be delivered by the employe organization to the superintendent,
executive director or the director no later than forty-eight
(48) hours prior to the commencement of any strike, and no
strike may occur sooner than forty-eight (48) hours following
the last notification of intent to strike. Upon receipt of the
notification of intent to strike, the superintendent, executive
director or the director may cancel school for the effective
date of the strike. A decision to cancel school may, however,
be withdrawn by the superintendent, executive director or the
director. Any subsequent change of intents to strike shall not
affect the decision to cancel school on the day of the intended
strike. For the purposes of this article, the decision to cancel

school on the day of the intended strike shall not be considered

a lockout.
(1101-A added July 9, 1992, P.L.403, No.88)
(b) Scope of Bargaining.
((b) added July 9, 1992, P.L.403, No.88)
Section 1111-A. Mutual Obligation.--Collective bargaining
is the performance of the mutual obligation of the employer or
his representative and the representative of the employes to
meet at reasonable times and confer in good faith with respect
to wages, hours and other terms and conditions of employment
or the negotiation of an agreement or any question arising
thereunder and the execution of a written contract incorporating
any agreement reached, but such obligation does not compel
either party to agree to a proposal or require the making of a
concession.
(1111-A added July 9, 1992, P.L.403, No.88)
Section 1112-A. Matters of Inherent Managerial
Policy.--Employers shall not be required to bargain over matters
of inherent managerial policy. Those matters shall include, but
shall not be limited to, such areas of discretion or policy as
the functions and programs of the employer, standards of
services, its overall budget, utilization of technology, the
organizational structure and selection and direction of
personnel. Employers, however, shall be required to meet and
discuss on policy matters affecting wages, hours and terms and
conditions of employment as well as the impact thereon upon
request by employe representatives.
(1112-A added July 9, 1992, P.L.403, No.88)
(c) Collective Bargaining Impasse.
((c) added July 9, 1992, P.L.403, No.88)
Section 1121-A. Submission to Mediation.--(a) If, after a
reasonable period of negotiation, a dispute or impasse exists
between the representatives of the employer and the employe
organization, the parties may voluntarily submit to mediation,
but, if no agreement is reached between the parties within
forty-five (45) days after negotiations have commenced, but in
no event later than one hundred twenty-six (126) days prior to
June 30 or December 31, whichever is the end of the school
entity's fiscal year, and mediation has not been utilized by
the parties, both parties shall immediately in writing call on
the service of the Pennsylvania Bureau of Mediation.
(b) The Pennsylvania Bureau of Mediation shall employ a
complement of not less than twenty-five (25) mediators which
shall be available to mediate according to the provisions of
subsection (a).
(1121-A added July 9, 1992, P.L.403, No.88)
Section 1122-A. Fact-finding Panels.--(a) (1) Once
mediation has commenced, it shall continue for so long as the
parties have not reached an agreement. If, however, an agreement
has not been reached within forty-five (45) days after mediation
has commenced or in no event later than eighty-one (81) days
prior to June 30 or December 31, whichever is the end of the
school entity's fiscal year, the Bureau of Mediation shall
notify the board of the parties' failure to reach an agreement
and of whether either party has requested the appointment of a
fact-finding panel.
(2) No later than eighty-one (81) days prior to June 30 or
December 31, whichever is the end of the school entity's fiscal

year, either party may request the board to appoint a

fact-finding panel. Upon receiving such request, the board shall
appoint a fact-finding panel which may consist of either one
(1) or three (3) members. The panel so designated or selected
shall hold hearings and take oral or written testimony and shall
have subpoena power. If, during this time, the parties have not
reached an independent agreement, the panel shall make findings
of fact and recommendations. The panel shall not find or
recommend that the parties accept or adopt an impasse procedure.
(3) The parties may mutually agree to fact-finding, and the
board shall appoint a fact-finding panel as provided for in
clause (2) at any time except that the parties may not mutually
agree to fact-finding during mandated final best-offer
arbitration.
(4) The board may implement fact-finding and appoint a panel
as provided for in clause (2) at a time other than that mandated
in this section, except that fact-finding may not be implemented
between the period of notice to strike and the conclusion of a
strike or during final best-offer arbitration. If the board
chooses not to implement fact-finding prior to a strike, the
board shall issue a report to the parties listing the reasons
for not implementing fact-finding if either party requests one.
(b) The findings of fact and recommendations shall be sent
by registered mail to the board and to both parties not more
than forty (40) days after the Bureau of Mediation has notified
the board as provided in subsection (a).
(c) Not more than ten (10) days after the findings and
recommendations shall have been sent, the parties shall notify
the board and each other whether or not they accept the
recommendations of the fact-finding panel, and, if they do not,
the panel shall publicize its findings of fact and
recommendations.
(d) Not less than five (5) days nor more than ten (10) days
after the publication of the findings of fact and
recommendations, the parties shall again inform the board and
each other whether or not they will accept the recommendations
of the fact-finding panel.
(e) The board shall establish, after consulting
representatives of employe organizations and of employers,
panels of qualified persons broadly representative of the public
to serve as members of fact-finding panels. The board shall,
within sixty (60) days of the effective date of this act,
increase the number of available panels of qualified persons
to serve as members of fact-finding panels to meet the expanded
role of fact-finding as provided for in this act.
(f) The Commonwealth shall pay one-half of the cost of the
fact-finding panel; the remaining one-half of the cost shall
be divided equally between the parties. The board shall
establish rules and regulations under which panels shall
operate, including, but not limited to, compensation for panel
members.
(1122-A added July 9, 1992, P.L.403, No.88)
Section 1123-A. Negotiated Final Best-Offer
Arbitration.--(a) The parties to a collective bargaining
agreement involving public school employes shall be required
to bargain upon the issue of acceptance and adoption of one of
the following approved impasse procedures, with the proviso
that such an obligation does not compel either party to agree
to a proposal or require making a concession:
(1) Arbitration under which the award is confined to a
choice among one of the following single packages:
(i) the last offer of the representative of the employer;

(ii)

the last offer of the representative of the employes;

or
(iii) the fact-finder's recommendations, should there be a
fact-finder's report.
(2) Arbitration under which the award is confined to a
choice among one of the following on an issue-by-issue basis:
(i) the last offer of the representative of the employer;
(ii) the last offer of the representative of the employes;
or
(iii) the fact-finder's recommendations, should there be a
fact-finder's report.
(3) Arbitration under which the award is confined to a
choice among one of the following on the basis of economic and
noneconomic issues as separate units:
(i) the last offer of the representative of the employer;
(ii) the last offer of the representative of the employes;
or
(iii) the fact-finder's recommendations, should there be a
fact-finder's report.
(b) As used in this section, "economic issues" shall mean
wages, hours, salary, fringe benefits or any form of monetary
compensation for services rendered.
(1123-A added July 9, 1992, P.L.403, No.88)
Section 1124-A. Method of Selection of Arbitrators.--The
board of arbitration shall be composed of three (3) members.
Arbitrators as referred to in this article shall be selected
in the following manner:
(1) Each party shall select one (1) member of the panel
within five (5) days of the parties' submission to final
best-offer arbitration. Each arbitrator shall be knowledgeable
in the school-related fields of budget, finance, educational
programs and taxation.
(2) The third arbitrator shall be selected from a list of
seven (7) arbitrators furnished by the American Arbitration
Association within five (5) days of the publication of the list.
Each of the seven (7) arbitrators shall be a resident of this
Commonwealth and knowledgeable in the areas necessary to
effectively make a determination. Each party shall alternately
strike one name until one shall remain. The employer shall
strike the first name. The person so remaining shall be the
third member and chairman.
(3) Payment of arbitrators shall be as follows:
(i) For voluntary arbitration, each party shall pay the
cost of the arbitrator selected by it under clause (1) of this
section. The cost of the third arbitrator shall be divided
equally between the parties.
(ii) For mandatory arbitration, the Commonwealth shall pay
one-half of the cost of the arbitrators; the remaining one-half
of the cost shall be divided equally between the parties.
(1124-A added July 9, 1992, P.L.403, No.88)
Section 1125-A. Final Best-Offer Arbitration.--(a) At any
time prior to mandated final best-offer arbitration, either the
employer or the employe organization may request final
best-offer arbitration unless fact-finding has been initiated
as provided in section 1122-A. If fact-finding has been
initiated, the parties shall complete fact-finding before
requesting final best-offer arbitration. If either party
requests final best-offer arbitration, the requesting party
shall notify the Bureau of Mediation, the board and the opposing
party in writing. The opposing party shall, within ten (10)
days of the notification by the requesting party, notify the
requesting party in writing of its agreement or refusal to

submit to final best-offer arbitration. No strikes or lockouts

shall occur during this ten (10) day period or until the
requesting party is notified by the opposing party that they
refuse to submit to final best-offer arbitration. Arbitration
provided for in this subsection shall only occur if both parties
agree to submit to final best-offer arbitration.
(b) If a strike by employes or a lockout by an employer
will prevent the school entity from providing the period of
instruction required by section 1501 by the later of:
(1) June 15; or
(2) the last day of the school entity's scheduled school
year;
the parties shall submit to mandated final best-offer
arbitration consistent with the arbitration option negotiated.
A return to work for the purpose of submitting to final
best-offer arbitration shall not be considered a unilateral
return to work.
(c) If the parties are unable to agree on the adoption of
one of the approved impasse procedures under section 1123-A,
the mediator appointed pursuant to section 1121-A shall select
the procedure.
(d) Within ten (10) days of submission to final best-offer
arbitration, the parties shall submit to the arbitrators their
final best contract offer with certification that the offer was
delivered to the opposing party, together with documentation
supporting the reasonableness of their offer. This documentation
shall include, but not be limited to, the following:
(1) The public interest.
(2) The interest and welfare of the employe organization.
(3) The financial capability of the school entity.
(4) The results of negotiations between the parties prior
to submission of last best contract offers.
(5) Changes in the cost of living.
(6) The existing terms and conditions of employment of the
employe organization members and those of similar groups.
(7) Such other documentation as the arbitration panel shall
deem relevant.
(e) Arbitration shall be limited to unresolved issues.
Unresolved issues shall mean those issues not agreed to in
writing prior to the start of arbitration.
(f) The parties may mutually agree to submit to final
best-offer arbitration at any time except during fact-finding
or during mandated final best-offer arbitration.
(g) Upon submission to the arbitrator of both parties' final
best offers under subsection (a) or (b), the employer shall
post, within the time limits described in subsection (d), the
final best contract offers in the school entity's main office
for the purpose of soliciting public comments thereon. Copies
of both parties' final best offers shall be available from the
school entity's main office. The cost of copies shall be
established by the school entity and shall be paid by the
requestor.
(h) The public comment period shall close within ten (10)
days of the first day of posting. All public comments shall be
directed to the arbitrators for consideration who shall provide
them on request to the employer and to the employes'
organization.
(i) Within ten (10) days of the selection of the third
arbitrator of the arbitration panel, the arbitrators shall begin
hearings at which they will hear arguments from representatives
of the employer and of the employes in support of their
respective last best contract offers under subsection (a) or

(b). At least five (5) days prior to the hearing, a written

notice of the date, time and place of such hearing shall be
sent to the representatives of both the employer and employes
which are parties to the dispute. This written notice shall
also be sent to the fiscal authority having budgetary
responsibility or charged with making appropriations for the
employer, and a representative designated by such body shall
be heard at the hearing upon request of such body or of the
employer as part of the presentation of the employer.
(j) Not later than twenty (20) days after the hearing
pursuant to subsection (i), the arbitrators shall:
(1) examine each item of dispute;
(2) make a determination in writing consistent with the
arbitration option agreed to by the parties; and
(3) forward a copy of the written determination to both
parties involved in the dispute and to the board.
(k) The determination of the majority of the arbitrators
reached as provided under either subsection (a) or (b) shall
be final and binding upon the employer, employes and employe
organization involved and constitutes a mandate to the school
entity to take whatever action necessary to carry out the
determination, provided that within ten (10) days of the receipt
of the determination the employe organization or the employer
does not consider and reject the determination at a properly
convened special or regular meeting. This determination
includes, but is not limited to, a determination which requires
a legislative enactment by the employer prior to or as a
condition for its implementation, including, without limitation,
the levy and imposition of taxes.
(l) No appeal challenging the determination reached as
provided under subsection (a) or (b) shall be allowed to any
court unless the award resulted from fraud, corruption or wilful
misconduct of the arbitrators. If a court determines that this
has occurred, it shall declare the award null and void. An
appeal of the award shall be made to the court of common pleas
of the judicial district encompassing the respective school
district.
(m) If the employer or the employe organization rejects the
determination of the majority of the arbitrators:
(1) The employe organization may initiate a legal strike
or resume a legal strike initiated prior to submission to final
best-offer arbitration.
(2) The employer may hire substitutes as provided under
subsection (b) of section 1172-A.
(3) The employer may initiate a legal lockout or resume a
legal lockout initiated prior to submission to final best-offer
arbitration.
(1125-A added July 9, 1992, P.L.403, No.88)
Section 1126-A. Time Frame.--The time periods set forth in
this article are mandatory and shall not be construed to be
directory.
(1126-A added July 9, 1992, P.L.403, No.88)
Section 1127-A. Exception.--Any school district of the first
class with an appointed school board and the public employes
of that school district as defined in the act of July 23, 1970
(P.L.563, No.195), known as the "Public Employe Relations Act,"
shall comply with and be subject to the binding arbitration
provisions of the "Public Employe Relations Act" and shall not
be subject to the provisions of section 1123-A, 1124-A or
1125-A.
(1127-A added July 9, 1992, P.L.403, No.88)

(d) Strikes and Lockouts.

((d) added July 9, 1992, P.L.403, No.88)
Section 1131-A. Strikes Prohibited in Certain
Circumstances.--(a) One year after a contract impasse, the
Secretary of Education may request a public hearing in the
school district of impasse. The public hearing process shall
follow the following requirements:
(1) The hearing shall include testimony from the school
board of the district, school district administration, the
employe organization and any additional party requested by the
Secretary of Education.
(2) The public shall have thirty (30) days to submit written
testimony. Testimony may be received from experts commenting
on the social, emotional and educational well-being of the
students in the school district.
(3) Within ninety (90) days following the public hearing,
the Secretary of Education shall issue a report on
recommendations regarding the impasse.
(b) A strike must cease where the parties request
fact-finding for the duration of the fact-finding. A strike
must end where the parties agree to arbitration. Strikes are
prohibited:
(1) During the period of up to ten (10) days provided for
under section 1125-A(a).
(2) During final best-offer arbitration, including the
period of up to ten (10) days after receipt of the determination
of the arbitrators during which the governing body of the school
entity may consider the determination.
(3) When the arbitrators' determination becomes final and
binding.
(1131-A amended July 5, 2012, P.L.965, No.105)
Section 1132-A. Lockouts Prohibited in Certain
Circumstances.--A lockout must cease where the parties request
fact-finding for the duration of the fact-finding. A lockout
must end where the parties agree to arbitration. Lockouts are
prohibited:
(1) During the period of up to ten (10) days provided for
under section 1125-A(a).
(2) During final best-offer arbitration, including the
period of up to ten (10) days after receipt of the determination
of the arbitrators during which the employer may consider the
determination.
(3) When the arbitrators' determination becomes final and
binding.
(1132-A added July 9, 1992, P.L.403, No.88)
(e) Collective Bargaining Agreement.
((e) added July 9, 1992,P.L.403, No.88)
Section 1151-A. Agreement and Enforcement.--Any
determination of the arbitrators to be implemented under this
article shall be memorialized as a written agreement by and
between the school entity and the employe organization to be
signed and sealed by their duly appointed officers and agents
as provided by law. The executed agreement shall be enforceable
by each party in the manner as provided by law, including
without limitation and in derogation to the mandatory
arbitration of disputes or grievances under the act of July 23,
1970 (P.L.563, No.195), known as the "Public Employe Relations
Act." In the event that a school entity or an employe
organization refuses to execute a written agreement under this

section, the employe organization or the school entity may

institute a cause of action in the court of common pleas to
compel compliance with the provision of this section requiring
a written agreement and, in the appropriate case, specific
performance of the determination.
(1151-A added July 9, 1992, P.L.403, No.88)
Section 1152-A. Existing Agreements; Provisions Inconsistent
with Article.--Any provisions of any collective bargaining
agreement in existence on the effective date of this article
which are inconsistent with any provision of this article, but
not otherwise illegal, shall continue valid until the expiration
of such contract. The procedure for entering into any new
collective bargaining agreement, however, shall be governed by
this article, where applicable, upon the effective date of this
article.
(1152-A added July 9, 1992, P.L.403, No.88)
(f) Secretary of Education.
((f) added July 9, 1992, P.L.403, No.88)
Section 1161-A. Injunctive Relief.--When an employe
organization is on strike for an extended period that would not
permit the school entity to provide the period of instruction
required by section 1501 by June 30, the Secretary of Education
may initiate, in the appropriate county court of common pleas,
appropriate injunctive proceedings providing for the required
period of instruction.
(1161-A added July 9, 1992, P.L.403, No.88)
(g) Prohibitions.
((g) added July 9, 1992, P.L.403, No.88)
Section 1171-A. Selective Strikes.--The work stoppage
practice known as "selective strikes" shall be considered an
illegal strike. Any strike which does not comply with the
definition of "strike" contained in this article shall be
considered a selective strike.
(1171-A added July 9, 1992, P.L.403, No.88)
Section 1172-A. Utilization of Strike Breakers.--(a) Except
as provided in subsection (b), during a legal strike, as defined
by this article, the school entity, as defined by this article,
shall not utilize persons other than those employes who have
been actively employed by the school entity at any time during
the previous twelve (12) months.
(b) A school entity may utilize persons other than those
employes who have been actively employed by the school entity
at any time during the previous twelve (12) months:
(1) when the employe organization or employer rejects the
determination of the majority of the arbitrators; and
(2) when a legal strike will prevent the completion of the
period of instruction required by section 1501 by the later of:
(i) June 15; or
(ii) the last day of the school district's scheduled school
year.
(1172-A added July 9, 1992, P.L.403, No.88)
ARTICLE XI-B
CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR
PROFESSIONAL TEACHING STANDARDS
(Art. added Nov. 17, 2010, P.L.996, No.104)

Compiler's Note: Section 24 of Act 104 of 2010, which added

Article XI-B, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1101-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
" Department. " The Department of Education of the
Commonwealth.
" Eligible teacher. " A teacher who :
(1) Is a current Pennsylvania resident.
(2) Currently holds a valid Pennsylvania teaching
certification in good standing.
(3) Has completed three full years of teaching or school
counseling in a Pennsylvania public school.
(4) Holds a current, full-time teaching or school
counseling position in a Pennsylvania public school.
(5) Has not previously received Commonwealth funds for
participating in the NBPTS certification process.
(6) Has not repaid any Commonwealth funds previously
received for the NBPTS certification process.
(7) Has not received a waiver of repayment from the
Department of Education.
" National Board for Professional Teaching Standards " or "
NBPTS. " The independent, nonprofit organization established
in 1987 to establish high standards for teachers' knowledge and
performance and for the development and operation of a national
voluntary system to assess and certify teachers who meet those
standards.
" Public school. " A school operated by a school district,
intermediate unit, charter school, cyber charter school or an
area vocational-technical school.
(1101-B added Nov. 17, 2010, P.L.996, No.104)
Section 1102-B. Payment of fees.
To the extent funds are available, the Commonwealth shall
do all of the following:
(1) Pay all or a portion of the cost of NBPTS assessment
fees on behalf of an eligible teacher to become NBPTS
certified or recertified.
(2) Reimburse school districts for all or a portion of
substitute fees for each day the eligible teacher
participates in preparation for NBPTS certification, up to
three days.
(1102-B added Nov. 17, 2010, P.L.996, No.104)
Section 1103-B. Priority.
(a) Schools in school improvement or corrective
action.--Eligible teachers who teach in schools identified by
the department as in school improvement or corrective action
shall receive first priority for payment of assessment fees
under this article. The eligible teachers' districts shall also
receive first priority for substitute fees reimbursement.
(b) Other priority.--Eligible teachers who teach early
childhood education, who teach mathematics or science at the
middle or secondary level or who teach special education or
foreign languages shall receive second priority for payment of
assessment fees under this article. The eligible teachers'
districts shall also receive second priority for substitute
fees reimbursement.
(1103-B added Nov. 17, 2010, P.L.996, No.104)
Section 1104-B. Duties of eligible teachers.

(a) Completion of process.--An eligible teacher on whose

behalf the assessment fee is paid shall agree to complete the
certification process or be subject to repayment as set forth
in section 1105-B(a).
(b) Three-year commitment.--An eligible teacher on whose
behalf the assessment fee is paid and who receives NBPTS
certification shall, in addition to the requirement under
subsection (a), agree to serve as a teacher or administrator
in a Pennsylvania public school for a period of at least three
years or be subject to repayment as set forth in section
1105-B(b). Eligible teachers who receive priority under section
1103-B and who receive NBPTS certification shall teach in that
priority class for the three-year commitment period. If an
eligible teacher receives priority under section 1103-B(a) and
the school is removed from improvement or corrective action
during the three-year commitment period, service in the same
school or in another school identified by the department as in
school improvement or corrective action shall continue to
fulfill the requirements of this subsection.
(1104-B added Nov. 17, 2010, P.L.996, No.104)
Section 1105-B. Repayment.
(a) Failure to complete the certification process.--When
an eligible teacher for whom the Commonwealth has paid the
assessment fee fails to complete the certification process, the
teacher shall reimburse the Commonwealth for the amount of the
assessment fee. A candidate who completes the certification
process but is denied NBPTS certification shall not be subject
to repayment pursuant to this subsection.
(b) Failure to continue teaching.--When an eligible teacher
for whom the Commonwealth has paid the assessment fee fails to
meet the requirements of section 1104-B(b), the teacher shall
reimburse the Commonwealth for the amount of the assessment
fee. The teacher shall certify to the department each year that
the teacher is in compliance with section 1104-B(b).
(c) Waiver of repayment.--Upon the application of the
eligible teacher, the department:
(1) Shall waive the repayment requirement if the
department finds that the teacher was unable to complete the
process or meet the requirements of section 1104-B(b) due
to:
(i) administrative action on the part of the school
district or area vocational-technical school for other
than causes enumerated in section 1122;
(ii) illness of the teacher;
(iii) the death or catastrophic illness of a member
of the teacher's immediate family; or
(iv) parental leave to care for a newborn or newly
adopted child.
(2) May waive the repayment requirement if the
department finds other extraordinary circumstances.
(1105-B added Nov. 17, 2010, P.L.996, No.104)
Section 1106-B. Duties of department.
(a) Guidelines.--The department shall develop guidelines
necessary for the implementation of this article.
(b) Technical assistance.--To the extent funds are
available, the department shall provide technical assistance
to NBPTS applicants. The department may contract with one or
more institutions of higher education or intermediate units in
order to provide technical assistance.
(1106-B added Nov. 17, 2010, P.L.996, No.104)
ARTICLE XII.

CERTIFICATION OF TEACHERS.
Section 1201. Certificates Qualifying Persons to
Teach.--Only those persons holding one of the following
certificates shall be qualified to teach in the public schools
of this Commonwealth--(1) Permanent college certificate, (2)
provisional college certificate, (3) normal school diploma, (4)
normal school certificate, (5) special permanent certificate,
(6) special temporary certificate, (7) permanent State
certificate, (8) residency certificate, (9) intern certificate,
(10) certificates which are permanent licenses to teach by
virtue of the provisions of section one thousand three hundred
eight of the act, approved the eighteenth day of May, one
thousand nine hundred eleven (Pamphlet Laws 309), as amended,
which is repealed hereby, or (11) such other kinds of
certificates as are issued under the standards prescribed by
the State Board of Education. The State Board of Education shall
also provide for issuance of certificates by district
superintendents to meet such emergencies or shortage of teachers
as may occur.
(1201 amended June 30, 2011, P.L.112, No.24)
Section 1202. State Certificates.--State certificates shall
be issued as herein provided. Each such certificate shall set
forth the branches which its holder is entitled to teach. No
teacher shall teach, in any public school, any branch which he
has not been properly certificated to teach.
A certificate to teach shall not be granted or issued to any
person not a citizen of the United States, except in the case
of exchange teachers not permanently employed and teachers
employed for the purpose of teaching foreign languages.
In the case of a resident foreign national holding an
immigrant visa who has declared, in writing, to the Department
of Public Instruction the intention of becoming a citizen of
the United States, such person shall be eligible for a
provisional college certificate.
(1202 amended Dec. 21, 1967, P.L.874, No.387)
Section 1203. Kinds of State Certificates.--(a) State
certificates hereafter granted shall include the following:
Provisional College Certificates,
Permanent College Certificates,
Certificates issued by other states and validated by the
Superintendent of Public Instruction,
Special Temporary Certificates,
Special Permanent Certificates,
Residency Certificates,
Intern Certificates.
(b) All persons receiving any of such certificates shall
have qualifications not less than graduation from a State
Teachers' College of this Commonwealth, or equivalent training.
Postbaccalaureate certification programs, including residency,
intern and administrative certification programs completed under
section 1207.1 are equivalent training for purposes of this
act.
(c) Every college certificate shall set forth the names of
the college or university from which its holder was graduated.
State certificates shall entitle their holders to teach in every
part of this Commonwealth for the terms herein specified.
(1203 amended June 30, 2011, P.L.112, No.24)
Section 1204. Granting Provisional College
Certificates.--The Superintendent of Public Instruction may
grant a provisional college certificate to every person who
presents to him satisfactory evidence of good moral character,

and of being a graduate of an approved college or university,

who has completed such work in education as may be required by
the standards of the State Board of Education, and to every
person who presents to him satisfactory evidence of good moral
character, and of being a graduate of music, with the degree
of bachelor of music of an approved college or university, who
has during such musical course completed the prescribed number
of hours of professional studies, which certificate shall
entitle him to teach for three annual school terms, and may be
renewed for one additional three-year period in accordance with
standards to be established by the State Board of Education.
(1204 amended Oct. 21, 1965, P.L.601, No.312)
Section 1204.1. Standard Employment Application.--(a) The
Secretary of Education, in consultation with organizations
representing school administrators, including personnel
administrators, teachers and school boards, shall develop a
standard employment application form for use by individuals
eligible for or in possession of instructional, vocational
instructional, intern or vocational intern teaching certificates
in making application for employment with school districts
within this Commonwealth.
(b) School districts shall use these standard employment
application forms for applicants for teaching positions;
however, in no case shall the provisions of this section
preclude a school district from establishing and implementing
other application requirements.
(c) The form shall be made available to approved colleges
and universities of teacher education. The form may be
duplicated by these institutions and distributed to graduates
of the institution seeking employment in school districts of
this Commonwealth.
(1204.1 added July 11, 1996, P.L.633, No.107)
Section 1205. Issuing Permanent College Certificates.--The
Superintendent of Public Instruction shall issue a permanent
college certificate to every graduate of an approved college
or university, and of such departments therein as are approved
by him, when such graduate furnishes satisfactory evidence of
good moral character and successful experience of three years'
teaching on a provisional college certificate in approved
elementary or secondary schools, in private institutions from
which the Department of Public Instruction purchases services
on a tuition basis, and in state-aided and state-owned secondary
schools, and has completed such work in education as may be
required by the standards of the State Board of Education. Such
work in education shall not exceed that required as of the time
of graduation of such graduates from colleges or universities
approved by the State Board of Education. Such certificate shall
entitle its holder to teach without further examination.
(1205 amended July 22, 1970, P.L.540, No.183)
Section 1205.1. Continuing Professional Development.--(a)
Upon the expiration of an existing professional development
plan, each school entity shall submit to the secretary for
approval a three-year professional education plan.
(b) The professional education plan provided for in
subsection (a) shall be prepared by a committee consisting of
teacher representatives divided equally among elementary, middle
and high school teachers chosen by the teachers, educational
specialist representatives chosen by educational specialists
and administrative representatives chosen by the administrators
of the school entity. The committee shall include parents of
children attending a school in the district, local business
representatives and other individuals representing the community

appointed by the board of directors. The plan shall be approved

by the board of directors prior to submission to the department
for approval. Amendments to the plan may be recommended by the
continuing professional education committee, approved by the
board of directors of the school entity and submitted to the
department for approval. The secretary may specify the time at
which and the form in which such plans are to be submitted. The
State Board of Education shall promulgate regulations, subject
to the act of June 25, 1982 (P.L.633, No.181), known as the
"Regulatory Review Act," establishing the minimal content of
such plans. The provisions of section 2552 shall apply to any
school entity failing to comply with the provisions of this
section.
(c) The professional education plan of each school entity
shall be designed to meet the educational needs of that school
entity and its professional employes. A school entity shall
annually review its plan to determine whether or not it
continues to reflect the needs of the school entity and the
needs of its professional employes, students and the community.
The plan shall be amended as necessary to ensure that the plan
meets the requirements of this subsection. The plan shall
specify the continuing professional educational courses,
programs, activities and other learning experiences approved
to meet continuing professional development requirements under
section 1205.2(c), including efforts designed to improve teacher
knowledge in subject areas covering the academic standards
listed in 22 Pa. Code Ch. 4 (relating to academic standards and
assessment). ((c) amended June 30, 2012, P.L.684, No.82)
(c.1) The continuing professional education plan shall
specify the professional education needs that will be met by
completion of each continuing professional education option and
how it relates to areas of assignment and certification or
potential administrative certification. The options may include,
but shall not be limited to:
(1) Collegiate studies.
(2) Continuing professional education courses taken for
credit.
(3) Other programs, activities or learning experiences taken
for credit or hourly, to include:
(i) curriculum development and other program design and
delivery activities at the school entity or grade level as
determined by the school entity and approved by the board of
directors;
(ii) participation in professional conferences and
workshops;
(iii) education in the workplace, where the work relates
to the professional educator's area of assignment and is
approved by the board of directors;
(iv) review, redesign and restructuring of school programs,
organizations and functions as determined by the school entity
and approved by the board of directors;
(v) in-service programs that comply with guidelines
established by the department;
(vi) early childhood and child development activities for
professional educators whose area of assignment includes
kindergarten through third grade;
(vii) special education activities for professional
educators whose area of assignment includes students with
special needs;
(viii) successful completion of department training for
service as a Distinguished Educator if the professional educator

participates in and completes at least one assignment in the

Distinguished Educators Program; or
(ix) other continuing professional education courses,
programs, activities or learning experiences sponsored by the
department.
((c.1) amended July 11, 2006, P.L.1092, No.114)
(c.2) A professional education plan may include joint or
cooperative professional education activities with another
school entity or an institution of higher education.
(c.3) A professional education plan shall describe how the
plan meets the educational and staff development needs of the
school entity, its professional educators, students and the
community. The professional education plan shall identify the
individuals who developed the plan and the method used to select
those individuals.
(c.4) A professional education plan shall identify any
provider approved by the professional education committee to
provide the continuing professional education options listed
in the plan. Such providers shall be required to provide the
school entity with official notice of the credits or hours of
continuing professional education options successfully completed
by the school entity's professional educators.
(d) All professional educators of a school entity shall meet
the professional education requirements of this section and
section 1205.2 in order for the professional educator to
maintain active certification.
(e) The requirements of this section and section 1205.2 do
not apply to a professional educator not employed by a school
entity who serves as an evaluator of a home education program
authorized under section 1327.1(e)(2) or who provides private
tutoring services as part of a home education program under
section 1327.1. ((e) amended June 22, 2001, P.L.530, No.35)
(f) (1) Beginning on the effective date of this subsection,
the requirements under subsections (a), (b), (c), (c.1), (c.2),
(c.3), (c.4), (d) and (e) shall be suspended until June 30,
2013. ((1) amended July 5, 2012, P.L.965, No.105)
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and vocational director certificates complete a
leadership development program that meets the Pennsylvania
school leadership standards under section 1217 shall not be
suspended.
((f) added June 30, 2011, P.L.112, No.24)
(1205.1 amended Nov. 23, 1999, P.L.529, No.48)
Compiler's Note: See section 42 of Act 24 of 2011 in the
appendix to this act for special provisions relating to
construction of law.
Section 1205.2. Program of Continuing Professional
Education.--(a) A continuing professional education program
is hereby established for professional educators, the
satisfactory completion of which is required to maintain active
certification. Except as provided in subsection (n.1), the
continuing professional education program shall require the
satisfactory completion of continuing professional education
every five (5) years, which shall include:
(1) six (6) credits of collegiate study;
(2) six (6) credits of continuing professional education
courses;

(3) one hundred eighty (180) hours of continuing

professional education programs, activities or learning
experiences; or
(4) any combination of collegiate studies, continuing
professional education courses, or other programs, activities
or learning experiences equivalent to one hundred eighty (180)
hours.
((a) amended July 5, 2012, P.L.965, No.105)
(b) For the purposes of calculating hours and credits of
continuing professional education, one (1) credit of collegiate
studies or continuing professional education courses shall be
equivalent to thirty (30) hours of continuing professional
education programs, activities or learning experiences. In the
initial year of the implementation of the continuing
professional education requirements under this subsection, the
department may evaluate and approve credits or continuing
professional education courses which were completed on or after
January 1, 2000, for application to the continuing professional
educational requirement.
(c) The requirements of subsection (a) may be satisfied by
a professional educator, whether or not presently employed by
a school entity, by the successful completion of credits or
hours to include any of the following:
(1) Credits of collegiate studies related to an area of the
professional educator's assignment or certification at an
institution of higher education approved by the department.
(2) Credits of continuing professional education courses
related to an area of the professional educator's assignment
or certification conducted by providers approved by the
department.
(3) Hours of other continuing professional education
programs, activities or learning experiences related to an area
of the professional educator's assignment or certification
conducted by providers approved by the department.
(4) Credits or hours completed in any collegiate studies,
continuing professional education courses or continuing
professional education programs, activities or learning
experiences included in the professional education plan of the
professional educator's school entity and conducted by:
(i) the department;
(ii) providers approved by the department;
(iii) the professional educator's school entity; or
(iv) providers approved as part of the professional
education plan of the professional educator's school entity.
(5) Credits or hours not included in clauses (1) through
(4) approved by the board of directors of the school entity.
(6) Credits or hours required to obtain administrator
certification.
(7) Credits or hours in an area other than the area of the
professional educator's assignment or certification if the
professional educator may be transferred by the board of
directors to another assignment. The credits or hours must be
approved for the professional educator by the board of
directors.
(8) Successful completion of department training for service
as a Distinguished Educator if the professional educator
participates in and completes at least one assignment in the
Distinguished Educators Program.
((c) amended July 11, 2006, P.L.1092, No.114)
(d) In order to ensure that credits and hours of continuing
professional education are of high quality and designed to
significantly advance the goals of improving and updating the

educational skills of professional educators in this

Commonwealth, the department shall develop and implement
guidelines to approve certain providers of continuing
professional education programs. The guidelines shall include
a process to approve:
(1) providers of collegiate studies;
(2) providers of professional education courses;
(3) providers of continuing professional education programs,
activities or learning experiences, provided, the department,
a professional educator's school entity or a provider approved
as part of the school entity's professional education plan need
not be approved by the department; and
(4) providers included as part of the professional education
plan of a school entity for use by a school entity's
professional education committee.
(e) If the school entity is assuming all costs of credits
or hours, the board of directors may disapprove any course,
program, activity or learning experience that is inconsistent
with the goals of the professional educational plan.
(f) Except as provided in subsection (n.1), the department
shall annually provide a minimum of forty (40) hours of
continuing professional education courses, programs, activities
or learning experiences at no charge to professional educators.
In providing these courses, the department shall seek to use
the most efficient and cost-effective means possible, including
the use of advanced technology such as CD-ROM, the Internet and
distance communication. ((f) amended July 5, 2012, P.L.965,
No.105)
(g) The department shall adopt guidelines to establish a
system for maintaining records of credits and hours of
continuing professional education successfully completed by
professional educators. Those guidelines shall include
requirements that:
(1) A school entity shall notify the department and the
professional educator employed by the school entity of the
successful completion of credits or hours of programs,
activities or learning experiences conducted by the school
entity and shall forward to the department any official notice
given by a provider identified in the school entity's
professional education plan that a professional educator has
successfully completed credits or hours of collegiate studies,
continuing professional education courses or programs,
activities or learning experiences conducted by the provider.
(2) An approved provider shall notify the department, the
school entity that employs the professional educator and the
professional educator of the successful completion of credits
or hours of collegiate studies, continuing professional
education courses or programs, activities or learning
experiences conducted by the approved provider.
(3) The department shall notify the school entity that
employs the professional educator and the professional educator
of the successful completion of credits or hours of continuing
professional education courses or programs, activities or
learning experiences conducted by the department.
(h) The department shall provide the following information
to professional educators and school entities:
(1) Notice of the number of credits or hours needed for a
professional educator to comply with this section, as of the
date on which such notice is given. Such notice shall be
provided no later twelve (12) months prior to the end of a
professional educator's five-year compliance period. For
professional educators who have not completed sufficient credits

or hours to comply with this section, such notice shall be

provided in writing and mailed to the most recent address on
record with the department. For professional educators who have
completed sufficient credits or hours to comply with this
section, such notice shall be provided by electronic means,
which shall include a notation on the electronic system
maintained by the department pursuant to subsection (g)
affirming that the professional educator has completed
sufficient credits or hours to comply with this section.
(2) Reasonable access to reports and records relating to a
professional educator's continuing professional education.
(3) Notice of inactive certification requested by a
professional educator.
(4) Notice of inactive certification due to failure of the
professional educator to meet the requirements of this section,
whether or not the individual is employed by a school entity.
The notice shall be provided no later than thirty-one (31) days
prior to the date on which a professional educator's certificate
is placed in inactive status, provided that the department may
only place a professional educator's certificate in inactive
status between June 30 and July 31.
(5) Notice of reinstatement.
((h) amended July 20, 2007, P.L.278, No.45)
(h.1) Whenever a professional educator moves from the
address named in the application for State certification or
from the professional educator's current address, such
professional educator shall notify the department and provide
the department with the most current address. Notification shall
be made in a form and manner determined by the department.
((h.1) added July 13, 2005, P.L.226, No.46)
(i) The Secretary of Education shall provide an educator
with the opportunity to appeal any determination that the
educator's certification is inactive pursuant to 2 Pa.C.S. Chs.
5 (relating to practice and procedure) and 7 (relating to
judicial review). If the secretary determines that an educator's
certificate is inactive under this subsection, the effective
date of the determination shall be between June 30 and July 31.
((i) amended July 20, 2007, P.L.278, No.45)
(j) The department shall establish a procedure to grant
extensions to professional educators to fulfill the requirements
of this section based upon extenuating circumstances.
(j.1) ((j.1) expired May 1, 2006. See Act 46 of 2005.)
(j.2) ((j.2) expired May 1, 2006. See Act 46 of 2005.)
(k) A professional educator who is not employed by a school
entity as a professional or temporary professional employe may
apply to the department for inactive certification. Inactive
certification shall:
(1) Suspend the requirements of this section until inactive
certification is removed by the department. Upon the removal
of inactive certification, a professional educator shall have
the same number of hours of continuing professional education
and the same amount of time in which to complete those hours
as existed for the professional educator at the time inactive
certification was granted.
(2) Be removed by the department upon the application of
the professional educator and evidence of the completion of
thirty (30) hours of continuing professional education within
the immediate preceding twelve (12) months. The department shall
establish guidelines to approve courses that will authorize the
removal of inactive certification.
(3) Disqualify an individual from being employed by a school
entity as a professional or temporary employe. An individual

with inactive certification may be employed as a substitute

teacher, principal, superintendent or assistant superintendent
in accordance with the endorsement on the individual's
certificate or letter of eligibility for no more than ninety
(90) days during a school year.
((k) amended June 22, 2001, P.L.530, No.35)
(k.1) (1) Notwithstanding the provisions of subsections
(a) and (k), the certificate of a professional educator who is
an annuitant as defined in 24 Pa.C.S. 8102 (relating to
definitions) or 71 Pa.C.S. 5102 (relating to definitions)
shall be considered active for so long as the professional
educator is an annuitant, except as otherwise provided in this
subsection.
(2) For a professional educator annuitant who terminates
the annuity or whose annuity ceases under the provisions of 24
Pa.C.S. 8346(a) (relating to termination of annuities) or
returns to school service under the provisions of 24 Pa.C.S.
8346(b), the requirements of subsection (a) shall not apply for
the first 180 days for which the professional educator annuitant
returns to school service.
(3) A professional educator annuitant who has returned to
school service and who continues in school service for more
than one hundred eighty (180) days shall fulfill the
requirements of subsection (a) beginning with the one hundred
eighty-first day for which the professional educator has
returned to school service. Such professional educator shall
have the same number of hours of continuing professional
education and the same amount of time to complete those hours
as existed for the professional educator at the time the
professional educator became an annuitant: Provided, That any
collegiate studies, continuing professional education courses,
or other programs, activities or learning experiences completed
by a professional educator annuitant during the one hundred
eighty (180) days for which the requirements of subsection (a)
are not applicable under paragraph (2) shall be added to the
number of hours of continuing professional education the
professional educator had at the time the professional educator
became an annuitant.
(4) The department shall promulgate a standard pursuant to
the act of June 25, 1982 (P.L.633, No.181), known as the
"Regulatory Review Act," requiring school entities to report
to the department the employment of professional educator
annuitants subject to 24 Pa.C.S. 8346(b) and this subsection.
((k.1) added Feb. 2, 2006, P.L.19, No.5)
(l) The department shall submit an annual report to the
chairman and minority chairman of the Appropriations Committee
and the Education Committee of the Senate and the chairman and
minority chairman of the Appropriations Committee and the
Education Committee of the House of Representatives regarding
the program of continuing professional education. The report
shall include information about programs offered by the
department, including costs, the number of professional
educators who have met continuing professional education
requirements during each compliance period and the number of
professional educators who have not met the requirements.
(m) The State Board of Education may promulgate any
final-omitted regulations necessary to implement this section.
(n) Nothing contained in this act shall supersede or preempt
any provisions of a collective bargaining agreement between a
school entity and an employe organization in effect on the
effective date of this act.

(n.1) (1) Beginning on the effective date of this

subsection, the requirements under subsections (a) and (f) shall
be suspended until June 30, 2013. During that time, the
Legislative Budget and Finance Committee shall conduct a study
of the costs and benefits of the continuing professional
education program. An interim report shall be due on November
30, 2012, and the final report shall be due on March 1, 2013.
On July 1, 2013, each professional educator shall have the same
number of hours of continuing professional education and the
same amount of time in which to complete those hours as existed
for the professional educator on the effective date of this
subsection: Provided, however, That any continuing professional
education credits or hours completed by a professional educator
during the period of suspension under this subsection shall be
credited to the professional educator's continuing professional
education record.
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and vocational director certificates complete a
leadership development program that meets the Pennsylvania
school leadership standards under section 1217 shall not be
suspended.
((n.1) amended July 5, 2012, P.L.965, No.105)
(o) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Approved provider" is an institution of higher education,
school entity, individual, corporation, partnership, limited
liability company or association approved by the department to
provide continuing professional education credits or hours under
this section. Provided, a school entity may approve a provider
of continuing professional education credits or hours in
accordance with department guidelines.
"Area of a professional educator's assignment or
certification" shall mean any component of the education
profession as it relates to the current job title or description
of the professional educator or to any area of certification
listed on the professional employe's Pennsylvania certification
or to the type of certificate or endorsement held by the
professional educator.
"Collegiate studies" shall mean a formal program or course
of study at an institution of higher education leading to the
award of academic credit.
"Compliance period" shall mean the period of time in which
a professional educator must satisfactorily complete continuing
professional education as required under subsection (a) and
which concludes every five years beginning:
(1) July 1, 2000, for those professional educators who were
issued a State certificate prior to July 1, 2000; or
(2) on the date on which the professional educator is issued
a State certificate for those professional educators who were
certified after July 1, 2000.
"Continuing professional education courses" shall mean
courses for credit, other than collegiate studies, conducted
by providers approved by the department.
"Professional educator" shall mean an individual who holds
a Pennsylvania teacher, educational specialist or administrative
certification or letter of eligibility.
"School entity" shall mean a school district, an intermediate
unit, a joint school district, an area vocational-technical

school, a charter school, the Scotland School for Veterans'

Children and the Scranton School for the Deaf or any of these
acting jointly.
((o) amended July 13, 2005, P.L.226, No.46)
(1205.2 added Nov. 23, 1999, P.L.529, No.48)
Compiler's Note: See section 42 of Act 24 of 2011 in the
appendix to this act for special provisions relating to
construction of law.
Section 30(1) of Act 46 of 2005, which amended
subsections (a), (h), (j.1), (j.2) and (o), provided
that the amendment shall be retroactive to April 15,
2005.
Section 1205.3. Charter Schools.--An uncertified teacher
or administrator who is employed full time by a charter school
shall comply with the continuing professional education
requirements of sections 1205.1 and 1205.2(a) through (c) to
maintain employment in a charter school. The charter school
shall maintain the records of an uncertified teacher or
administrator who is employed full time by a charter school.
(1205.3 added Nov. 23, 1999, P.L.529, No.48)
Section 1205.4. CPR Instruction.--(a) School entities shall
be required to offer a cardiopulmonary resuscitation training
(CPR) class on school premises at least once every three years.
The course shall be offered as an option to all employes of the
school entity.
(b) Completion of training, including testing of skills and
knowledge, shall be documented by the signature and title of a
representative of the training entity and shall include the
date training was completed. Documentation shall be retained
in the facility in that employe's file. Training shall be
conducted by:
(1) the American Red Cross;
(2) the American Heart Association;
(3) an individual certified to conduct CPR training by the
American Red Cross, American Heart Association or other
certifying agency approved by the Department of Health; or
(4) other certifying agency approved by the Department of
Health.
(c) School districts may include this training in the
continuing education plan submitted by the district to the
Department of Education under section 1205.1.
(d) For purposes of this section, a school entity shall be
defined as a local school district, intermediate unit or area
vocational-technical school.
(1205.4 added Nov. 22, 2000, P.L.672, No.91)
Section 1205.5. Continuing Professional Education for School
or System Leaders.--(a) (1) Beginning January 1, 2008, every
school or system leader shall meet the continuing professional
education requirements of section 1205.2 through participation
in programs approved in accordance with this section.
(2) For any school or system leader who serves in both
administrative and nonadministrative positions during a
compliance period as defined in section 1205.2, the school or
system leader's continuing professional education requirements
shall be earned in programs approved in accordance with this
section in no less than the same proportion as the proportion
of the compliance period during which the school or system
leader served on an administrative certificate or letter of
eligibility.
(b) For the compliance period in effect on January 1, 2008,
this section shall only apply to any credits or hours needed

to satisfy the unmet requirements of the current compliance

period.
(c) (1) The Department of Education shall design and offer
continuing professional education programs at no cost to school
or system leaders who are required by this section to
participate and at no cost to their employer school entities.
(2) In the event that school or system leaders are unable
to access these programs because all available slots are filled,
the school or system leader may request and shall be granted
upon review by the department an extension of the compliance
period.
(d) The Department of Education shall approve other
providers to offer induction and continuing professional
education programs for school or system leaders and shall
annually publish a list of approved providers.
(e) All programs offered or approved by the Department of
Education under this section shall address the Pennsylvania
school leadership standards pursuant to section 1217.
(f) The Secretary of Education may adopt standards as
necessary to implement this section.
(g) For the purpose of this section, the term "school or
system leader" shall mean an individual who serves on a
certificate as a principal, vice principal, assistant principal,
superintendent, assistant superintendent, intermediate unit
executive director, assistant intermediate unit executive
director or director of an area vocational-technical school.
(h) (1) Beginning on the effective date of this subsection,
the requirements of subsections (a), (c) and (d) shall be
suspended until June 30, 2013.
(2) Notwithstanding this subsection, the provisions of
sections 1003(a)(3) and (c) and 1207.1(d)(1)(iv) requiring that
candidates for appointment as a district superintendent or
assistant district superintendent and candidates for
administrative and vocational director certificates complete a
leadership development program that meets the Pennsylvania
school leadership standards under section 1217 shall not be
suspended.
((h) added June 30, 2011, P.L.112, No.24)
(1205.5 added July 20, 2007, P.L.278, No.45)
Section 1205.6. Child Abuse Recognition and Reporting
Training.--(a) School entities and independent contractors of
school entities shall provide their employes who have direct
contact with children with mandatory training on child abuse
recognition and reporting. The following apply:
(1) Training shall address, but shall not be limited to,
the following topics:
(i) Recognition of the signs of abuse and sexual misconduct
and reporting requirements for suspected abuse and sexual
misconduct in this Commonwealth.
(ii) Provisions of the act of December 12, 1973 (P.L.397,
No.141), known as the "Professional Educator Discipline Act,"
including mandatory reporting requirements.
(iii) The school entity's policies related to reporting of
suspected abuse and sexual misconduct.
(iv) Maintenance of professional and appropriate
relationships with students.
(2) School entities and independent contractors may provide
training through the Internet or other distance communications
systems.
(3) Employes shall complete a minimum of three (3) hours
of training every five (5) years.

(4) Employes required to undergo continuing professional

education under section 1205.2 shall receive credit toward their
continuing professional education requirements if the training
program has been approved by the Department of Education in
consultation with the Department of Public Welfare.
(b) Definitions.--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:
"Abuse." Conduct that falls under the purview and reporting
requirements of 23 Pa.C.S. Ch. 63 (relating to child protective
services) and is directed toward or against a child or student,
regardless of the age of the child or student.
"Direct contact with children." The possibility of care,
supervision, guidance or control of children or routine
interaction with children.
"School entity." A public school, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area vocational-technical school.
"Sexual misconduct." Any act, including, but not limited
to, any verbal, nonverbal, written or electronic communication
or physical activity, directed toward or with a child or student
that is designed to establish a romantic or sexual relationship
with the child or student. Such acts include, but are not
limited to:
(1) Sexual or romantic invitation.
(2) Dating or soliciting dates.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments.
(5) Self-disclosure or physical exposure of a sexual,
romantic or erotic nature.
(6) Any sexual, indecent, romantic or erotic contact with
the child or student.
(1205.6 added July 5, 2012, P.L.1084, No.126)
Section 1206. Certificates Issued by Other States.--(a)
Candidates holding a valid instructional certificate issued
by another state may be eligible for comparable Pennsylvania
certification provided that the candidate meets the following
requirements:
(1) Holds a bachelor's degree from an accredited college
or university.
(2) Has at least two (2) years of successful classroom
experience.
(3) Demonstrates subject matter competency in the applicable
area of Pennsylvania certification.
(4) Satisfies the requirements of section 1209.
(b) The Secretary of Education shall adopt standards and
guidelines as necessary to implement this section.
(c) Nothing in this section shall be construed to prohibit
the Secretary of Education from certifying out-of-State
applicants in accordance with regulations of the Department of
Education or the State Board of Education.
(1206 amended June 30, 2011, P.L.112, No.24)
Section 1207. Special Temporary or Permanent
Certificates.--The Superintendent of Public Instruction shall
provide for special examinations, and for temporary or permanent
certificates, for teachers of kindergartens, drawing, vocal
music, manual training, physical training and other special
branches.
The Superintendent of Public Instruction may issue temporary
or permanent certificates for the teaching of such special
subjects to graduates of approved special schools of such
subjects, under such conditions as he may make.

Section 1207.1. Postbaccalaureate Certification.--(a)

Notwithstanding any other provision of law to the contrary, the
Secretary of Education shall have all of the following powers
and duties with regard to postbaccalaureate certification
programs:
(1) Evaluate and approve, in accordance with this section,
all postbaccalaureate certification programs, including
accelerated programs, leading to the certification of
professional personnel including intern certification programs,
residency certification programs and administrative
certification programs.
(2) Evaluate and approve qualified providers of
postbaccalaureate certification programs, which may include
providers other than institutions of higher education, and
ensure that the approval process designed for program providers
which are not institutions of higher education enables
high-quality, nontraditional program providers to seek and gain
approval.
(3) Develop guidelines for the approval of flexible
postbaccalaureate instructional certification programs. Such
program guidelines shall address:
(i) Instruction and training in the following:
(A) Educational strategies for the designated subject area.
(B) Child development specifically related to the level of
the certificate sought.
(C) Professional ethics and responsibilities.
(D) Pennsylvania academic standards.
(E) Assessment knowledge and skills.
(F) Accommodations and adaptations for students with
disabilities in an inclusive setting.
(G) Strategies for meeting instructional needs of English
language learners.
(ii) Requirements for candidate oversight and mentoring
that may include field placement, student teaching, classroom
observations and ongoing support for novice educators in
partnership with local education agencies during their induction
period, including observation, consultation and assessment that
includes close supervision by a professional employe.
(4) Issue certificates in accordance with this section to
qualified candidates.
(5) Adopt standards and guidelines as necessary to implement
this section.
(b) (1) The Secretary of Education may make a one-time
issuance of a residency certificate for service in a specific
shortage area of instruction in public schools of this
Commonwealth to an applicant who meets all of the following:
(i) Satisfies the requirements specified under section 1209.
(ii) Meets one of the following:
(A) Holds a doctoral degree or master's degree from an
accredited college or university in the subject area of
shortage.
(B) Holds a bachelor's degree from an accredited college
or university in the subject area of shortage and has at least
three (3) years of work experience in the subject area or
related field.
(iii) Is continuously enrolled in an approved residency
program.
(iv) Presents evidence of satisfactory achievement on the
appropriate subject area content test.
(2) A residency certificate shall be valid for three (3)
years of teaching in the public schools of this Commonwealth
in the area for which it applies.

(3) The Secretary of Education shall have all of the

following powers and duties related to the issuance of residency
certificates:
(i) Identify areas of certification in which there is a
Statewide or regional shortage of qualified teachers.
(ii) Develop guidelines for the residency program in
accordance with subsection (a).
(iii) Issue residency certificates to qualified applicants.
(iv) Report annually to the State Board of Education on the
number of residency certificates issued under this section.
(4) A residency certificate may be converted to an
Instructional I Certificate upon the completion of all residency
program requirements under Department of Education guidelines
and the completion of three (3) years of satisfactory teaching
in the public schools of this Commonwealth.
(c) (1) Postbaccalaureate instructional intern
certification programs shall provide flexible and accelerated
pedagogical training to teachers who have demonstrated subject
matter competency in a subject area related to their
certification.
(2) The Secretary of Education may make a one-time issuance
of a postbaccalaureate instructional intern certificate for
service in a specific area of instruction to candidates who,
in addition to meeting the requirements of section 1209, present
evidence of satisfactory achievement on the
department-prescribed subject matter assessments related to the
area of certification and hold a bachelor's degree from an
accredited college or university. This certificate shall require
continuing enrollment in an approved postbaccalaureate
instructional intern certification program.
(3) A postbaccalaureate instructional intern certificate
shall be valid for three (3) years of teaching in the public
schools of this Commonwealth and may not be renewed.
(4) A candidate shall be issued an Instructional I
Certificate upon successful completion of the approved
postbaccalaureate instructional intern program provided that
the candidate has satisfied the requirements of section 1209.
(d) (1) Notwithstanding any other provision of law, no
person shall be granted an administrative certificate or a
vocational director certificate by the Department of Education
unless:
(i) The candidate holds a bachelor's degree from an
accredited college or university.
(ii) The candidate has had three (3) years of relevant
professional experience.
(iii) The candidate satisfies the requirements of section
1209.
(iv) Notwithstanding the provisions of sections 1205.1(f),
1205.2(n.1) and 1205.5(h), the candidate has completed in a
college or university a graduate program in education approved
by the Department of Education or has provided to the Secretary
of Education, within two (2) years of employment in the school
or system leadership position for which the candidate was
certified, satisfactory evidence that the candidate has
successfully completed a leadership development program that
meets the Pennsylvania school leadership standards under section
1217 and has demonstrated knowledge of basic school laws and
regulations.
(2) The Secretary of Education may adopt standards and
guidelines as necessary to implement this section.
(e) Notwithstanding any other provision of law, no candidate
for certification or admission into a certification preparation

program who holds a bachelor's degree from a regionally

accredited college or university shall be required to complete
the academic preparation requirements of 22 Pa. Code Ch. 354
(relating to preparation of professional educators).
(f) Nothing in this section shall be construed to prohibit
the State Board of Education from authorizing certification
programs in accordance with State law, nor shall this section
be construed to impact any programs that have been authorized
by the State Board of Education prior to the effective date of
this section.
(1207.1 added June 30, 2011, P.L.112, No.24)
Section 1207.2. Military Science Certificates.--(a)
Notwithstanding any other provision of law to the contrary,
the Secretary of Education may issue a Pennsylvania military
science teaching certificate to a person who:
(1) possesses a valid military science certificate or
endorsement issued by a branch of the United States Armed Forces
authorizing the person to teach military science and the Junior
Reserve Officer Training Corps; and
(2) is not disqualified under section 1209.
(b) A Pennsylvania military science certificate may be
issued to a person possessing the qualifications listed under
subsection (a)(1) and (2) without meeting additional education
and assessment requirements for issuance.
(c) A Pennsylvania military science certificate issued under
this section shall qualify a person to teach military science
or Junior Reserve Officer Training Corps in the public schools
of this Commonwealth.
(d) Except for a military science teaching certificate,
nothing under this section shall be construed to modify the
requirements for the issuance of a Pennsylvania instructional
certificate endorsed in another subject area.
(1207.2 added Feb. 4, 2014, P.L.23, No.10)
Section 1208. Summer Schools, etc.--The State Board of
Education shall provide for summer schools in State colleges,
colleges, universities and other educational institutions, and
for extension courses and correspondence courses for all
teachers employed in the public school system of the
Commonwealth who wish to acquire the minimum qualifications
prescribed herein, or such further qualifications as may be
desirable.
(1208 amended Oct. 21, 1965, P.L.601, No.312)
Section 1209. Disqualifications.--No teacher's certificate
shall be granted to any person who:
(1) ((1) deleted by amendment July 9, 2013, P.L. , No.59)
(2) Does not have a good moral character.
(3) Engages in the illegal use of controlled substances or
alcoholic beverages. An applicant for certification may overcome
the disqualification under this paragraph and receive a teaching
certificate if the applicant is reviewed by the Department of
Education pursuant to the requirement of paragraph (2) and
determined to be of good moral character.
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1209, provided that any regulations that
are inconsistent with Act 104 are hereby abrogated to
the extent of the inconsistency.
Compiler's Note: Section 4 of Act 123 of 2010, which amended
section 1209, provided that any regulations that are

inconsistent with Act 123 are hereby abrogated to the

extent of the inconsistency.
Section 1210. Existing Certificates.--All teachers'
certificates in force in this Commonwealth at the time this act
goes into effect shall continue in full force and effect,
subject to all the terms and conditions under which they were
issued, until they expire by virtue of their own limitations,
unless they are sooner annulled for the reason and in the manner
herein provided.
State Normal School certificates heretofore issued by the
State Normal Schools of this Commonwealth shall entitle their
holders to teach for two annual school terms.
Diplomas heretofore issued by the State Normal Schools of
this Commonwealth shall entitle their holders to teach without
further examination.
Section 1211. Annulment of Certificates.--(1211 repealed
Dec. 14, 1989, P.L.612, No.71).
Section 1212. Registration and Record of
Certificates.--Before entering upon the work of teaching, every
holder of a permanent, special or State certificate, of any
kind, shall present it, for registration, to the proper
superintendent, who shall record its kind, number, and date of
issue, together with the branches which it covers. Whenever new
branches are added to any certificate, these shall be added to
the record upon presentation of said certificate to the
superintendent.
Every district superintendent shall keep an accurate record
of all valid certificates held by the teachers of the schools
within his jurisdiction.
(1212 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1213. Standard Limited Certificates.--All standard
limited certificates in force in this Commonwealth at the time
this section takes effect shall become permanent and no
additional requirements shall be added hereafter to keep them
in full force and effect or otherwise to validate such
certificates provided the holders of such certificates have
satisfactorily taught at least ten (10) years in the public or
nonpublic schools, or both, of the Commonwealth and have earned
at least ninety (90) semester credit hours of undergraduate or
graduate study.
(1213 added Aug. 13, 1971, P.L.338, No.87)
Section 1214. Department Waiver of Certification
Requirements.--(a) The department may grant a waiver of
certification requirements for a period not to exceed one year
for a certificated professional employe currently employed by
or on suspension from a school entity when the school entity
submits a written waiver request containing the following:
(i) the reason for the waiver;
(ii) a program of study being followed by the employe to
secure certification in the new position;
(iii) the period of time necessary for the employe to secure
certification in the new position;
(iv) a statement showing the employe's application for
placement in the new position; and
(v) a statement that the employe has completed twelve (12)
semester credit hours in the area for which the waiver is
requested.
(b) The employe for whom the waiver is granted shall pursue
certification as outlined in the school entity's waiver request.
Failure to do so shall result in a revocation of the waiver.

(c) A professional employe for whom a waiver is granted

shall not be permitted to fill a position vacated by a suspended
employe.
(1214 added Nov. 20, 1979, P.L.465, No.97)
Section 1215. Locally Issued Temporary Certification for
Substitute Teachers.--A temporary substitute teacher certificate
may be issued by a public school entity to an individual who
presents a letter from a college or university verifying that
the individual has completed an approved teacher preparation
program, has successfully completed the certification testing
requirements and has completed all requirements for the awarding
of a bachelor's degree on a date certain. The temporary
substitute teacher certificate shall only be used for day-to-day
assignments and shall expire upon the termination of any summer
school conducted in the summer which follows the date of
issuance or upon the receipt of Instructional I certification
by the individual.
(1215 added June 26, 1999, P.L.394, No.36)
Section 1216. Evaluation of Applications for
Certification.--(a) All applications for certification shall
be evaluated in their entirety. The Department of Education
shall notify the applicant if the application is incomplete and
include a listing of all materials or information needed to
complete the application. The applicant's pending application
shall remain open for one year following the date of such
notification. No letter of denial of certification shall be
issued unless all deficiencies in the application are stated
in the letter of denial.
(b) The grade point average used by the department in
evaluating the grade point average requirements for
certification pursuant to 22 Pa. Code 354.24 (relating to
academic performance) shall be as follows:
(1) For applicants whose initial preparation culminated in
a bachelor's degree or higher prior to October 7, 2000, the
grade point average in effect on the date of application for
certification.
(2) For applicants whose initial preparation culminates in
a bachelor's degree or higher on or after October 7, 2000, the
grade point average in effect on the date of graduation.
(1216 added July 13, 2005, P.L.226, No.46)
Section 1216.1. Professional Educator Discipline Fee.--(a)
In addition to any application fee established by the
Department of Education, an applicant for certification from
the department shall pay a professional educator discipline fee
of twenty-five dollars ($25).
(b) The following shall apply:
(1) There is created in the General Fund a restricted
receipts account to be known as the Professional Educator
Discipline Account.
(2) The Professional Educator Discipline Account shall be
funded by money received under this section and any interest
derived from funds in the Professional Educator Discipline
Account.
(3) The funds in the Professional Educator Discipline
Account shall be appropriated to the department for
administration, enforcement and adjudication by the department
and the Professional Standards and Practices Commission under
the act of December 12, 1973 (P.L.397, No.141), known as the
"Professional Educator Discipline Act."
(c) Notwithstanding any other provision of law, the
department may increase the fee established under subsection
(a) if the department determines that the cost of enforcement

exceeds the revenue generated by the fee and by all other fees,
fines and civil penalties provided for under the "Professional
Educator Discipline Act."
(1216.1 added July 9, 2013, P.L. , No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Section 1217. Pennsylvania School Leadership Standards.--(a)
Programs provided under section 1205.5(c) and (d) to prepare
school or system leaders and for purposes of issuing
administrator certificates or letters of eligibility and
approved programs for the induction and continuing professional
education of school or system leaders shall address:
(1) The following core standards:
(i) The knowledge and skills to think and plan strategically
to create an organizational vision around personalized student
success.
(ii) An understanding of standards-based systems theory and
design and the ability to transfer that knowledge to the school
or system leader's job as the architect of standards-based
reform in the school.
(iii) The ability to access and use appropriate data to
inform decision-making at all levels of the system.
(2) The following corollary standards:
(i) Creating a culture of teaching and learning with an
emphasis on learning.
(ii) Managing resources for effective results.
(iii) Collaborating, communicating, engaging and empowering
others inside and outside of the organization to pursue
excellence in learning.
(iv) Operating in a fair and equitable manner with personal
and professional integrity.
(v) Advocating for children and public education in the
larger political, social, economic, legal and cultural context.
(vi) Supporting professional growth of self and others
through practice and inquiry.
(b) The State Board of Education may promulgate regulations
to carry out the provisions of this section.
(c) For the purpose of this section, the term "school or
system leader" shall mean an individual who serves on a
certificate as a principal, vice principal, assistant principal,
superintendent, assistant superintendent, intermediate unit
executive director, assistant intermediate unit executive
director or director of an area vocational-technical school.
(1217 added July 20, 2007, P.L.278, No.45)
ARTICLE XII-A.
PROFESSIONAL TEACHER ASSESSMENT.
(Art. repealed Dec. 23, 2003, P.L.304, No.48)
Section 1201-A. Short title of article. (1201-A repealed
Dec. 23, 2003, P.L.304, No.48)
Section 1202-A. Definitions. (1202-A repealed Dec. 23, 2003,
P.L.304, No.48)
Section 1203-A. Professional teacher assessment program.
(1203-A repealed Dec. 23, 2003, P.L.304, No.48)
Section 1204-A. Scoring process. (1204-A repealed Dec. 23,
2003, P.L.304, No.48)
Section 1205-A. Furthering continuing professional
development. (1205-A repealed Dec. 23, 2003, P.L.304, No.48)
Section 1206-A. Compliance. (1206-A repealed Dec. 23, 2003,
P.L.305, No.48)

Section 1207-A. Professional development assistance. (1207-A

repealed Dec. 23, 2003, P.L.304, No.48)
Section 1208-A. Collective bargaining agreements. (1208-A
repealed Dec. 23, 2003, P.L.304, No.48)
Section 1209-A. Confidentiality. (1209-A repealed Dec. 23,
2003, P.L.304, No.48)
Section 1210-A. Annual report. (1210-A repealed Dec. 23,
2003, P.L.304, No.48)
ARTICLE XIII.
PUPILS AND ATTENDANCE.
(a)

Attendance.

Section 1301. Age Limits; Temporary Residence.--Every child,

being a resident of any school district, between the ages of
six (6) and twenty-one (21) years, may attend the public schools
in his district, subject to the provisions of this act.
Notwithstanding any other provision of law to the contrary, a
child who attains the age of twenty-one (21) years during the
school term and who has not graduated from high school may
continue to attend the public schools in his district free of
charge until the end of the school term. The board of school
directors of any school district may admit to the schools of
the district, with or without the payment of tuition, any
non-resident child temporarily residing in the district, and
may require the attendance of such non-resident child in the
same manner and on the same conditions as it requires the
attendance of a resident child.
(1301 amended June 29, 2002, P.L.524, No.88)
Section 1302. Residence and Right to Free School
Privileges.--(a) A child shall be considered a resident of the
school district in which his parents or the guardian of his
person resides. Federal installations are considered a part of
the school district or districts in which they are situate and
the children residing on such installations shall be counted
as resident pupils of the school district. When a resident of
any school district keeps in his home a child of school age,
not his own, supporting the child gratis as if it were his own,
such child shall be entitled to all free school privileges
accorded to resident school children of the district, including
the right to attend the public high school maintained in such
district or in other districts in the same manner as though
such child were in fact a resident school child of the district,
and shall be subject to all the requirements placed upon
resident school children of the district. Before such child may
be accepted as a pupil, such resident shall file with the
secretary of the board:
(1) appropriate legal documentation to show dependency or
guardianship; or
(2) a sworn statement that he is a resident of the district,
that he is supporting the child gratis, that he will assume all
personal obligations for the child relative to school
requirements, and that he intends to so keep and support the
child continuously and not merely through the school term. The
school board, pursuant to guidelines issued by the Department
of Education, may require other reasonable information to be
submitted by the resident to substantiate the sworn statement.
The form containing the sworn statement shall include notice
in large print of the penalty for providing false information
in the sworn statement.

(b) If it is found that information contained in the sworn

statement is false, the child must be removed from the school
after notice of an opportunity to appeal the removal pursuant
to the appropriate grievance policy of the school district.
(c) Notwithstanding any other provision of law to the
contrary, a person who knowingly provides false information in
the sworn statement for the purpose of enrolling a child in a
school district for which the child is not eligible commits a
summary offense and shall, upon conviction for such violation,
be sentenced to pay a fine of no more than three hundred dollars
($300) for the benefit of the school district in which the
person resides or to perform up to two hundred forty (240) hours
of community service, or both. In addition, the person shall
pay all court costs and shall be liable to the school district
for an amount equal to the cost of tuition calculated in
accordance with section 2561 during the period of enrollment.
(d) Notwithstanding the provisions of subsection (a), when
a child lives outside of Pennsylvania as a result of one or
both parents being called or ordered to active military duty,
other than active duty training, the child shall continue to
be considered a resident of the school district that was the
child's resident school district immediately prior to the parent
being stationed outside of Pennsylvania, provided that the
parent maintains the residence. ((d) added Nov. 17, 2010,
P.L.996, No.104)
(1302 amended Dec. 23, 2003, P.L.304, No.48)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1302, provided that any regulations that
are inconsistent with Act 104 are hereby abrogated to
the extent of the inconsistency.
Section 1303. Immunization Required; Penalty.--(a) It shall
be the duty of all school directors, superintendents,
principals, or other persons in charge of any public, private,
parochial, or other school including kindergarten, to ascertain
that every child, prior to admission to school for the first
time has been immunized, as the Secretary of Health may direct,
against such diseases as shall appear on a list to be made and
from time to time reviewed by the Advisory Health Board. All
certificates of immunization shall be issued in accordance with
the rules and regulations promulgated by the Secretary of Health
with the sanction and advice of the Advisory Health Board.
(b) Any person who shall fail, neglect, or refuse to comply
with, or who shall violate, any of the provisions or
requirements of this section, except as hereinafter provided,
shall, for every such offense, upon summary conviction thereof,
be sentenced to pay a fine of not less than five dollars ($5)
nor more than one hundred dollars ($100), and in default
thereof, to undergo an imprisonment in the jail of the proper
county for a period not exceeding sixty (60) days. All such
fines shall be paid into the treasury of the school district.
(c) The provisions of this section shall not apply in the
case of any child deemed to have a medical contraindication
which may contraindicate immunization and so certified by a
physician. Such certificates may be accepted in lieu of a
certificate of immunization.
(d) The provisions of this section shall not apply in the
case of any child whose parent or guardian objects in writing
to such immunization on religious grounds.
(1303 added Apr. 11, 1974, P.L.258, No.67)
Section 1304. Admission of Beginners.--(a) School districts
shall admit beginners to the public schools during at least the

first two weeks of the annual school term in districts operating

on an annual promotion basis and during the first two weeks of
either the first or the second semester of the school term in
districts operating on a semi-annual promotion basis;
thereafter, the admission of beginners shall be at the
discretion of each school district.
(b) Admission shall be limited to beginners who have
attained the age of five years and seven months before the first
day of September if they are to be admitted in the fall, and
to those who have attained the age of five years and seven
months before the first day of February if they are to be
admitted at the beginning of the second semester. The board of
school directors of any school district may admit beginners who
are less than five years and seven months of age, in accordance
with standards prescribed by the State Board of Education. The
board of school directors may refuse to accept or retain
beginners who have not attained a mental age of five years, as
determined by the supervisor of special education or a properly
certificated public school psychologist in accordance with
standards prescribed by the State Board of Education.
(c) The term "beginners," as used in this section, shall
mean any child that should enter the lowest grade of the primary
school or the lowest primary class above the kindergarten level.
(1304 amended June 30, 2011, P.L.112, No.24)
Section 1305. Non-resident Child Placed in Home of
Resident.--(a) When a non-resident child is placed in the home
of a resident of any school district by order of court or by
arrangement with an association, agency, or institution having
the care of neglected and dependent children, such resident
being compensated for keeping the child, any child of school
age so placed shall be entitled to all free school privileges
accorded to resident school children of the district, including
the right to attend the public high school maintained in such
district or in other districts in the same manner as though
such child were in fact a resident school child of the district.
((a) amended Feb. 17, 1956, 1955 P.L.1065, No.342)
(b) Any resident of any school district, before accepting
custody of a non-resident child of school age for compensation
by order of court or by arrangement with an association, agency,
or institution having the care of dependent or neglected
children, must secure, from the superintendent of schools or
school board in that district, a statement in writing that the
child can be accommodated in the schools of the district or
that the child can not be accommodated and the reasons therefor.
If such statements are not furnished within two weeks after a
request in writing has been made to the board's secretary, the
superintendent of schools, the board's assent shall be assumed,
and the child shall be admitted to the schools of the district
as a pupil. If such statement sets forth conditions such as to
exempt the district under this section from accepting the child
as a pupil, and if such exemption is not disapproved on appeal
by the Superintendent of Public Instruction, and if other
arrangement for the child's schooling satisfactory to the
district superintendent is not made, the child may not be placed
in the district.
Appeal from the claim of any school district for exemption,
as provided in this section, may be taken to the Superintendent
of Public Instruction, and his decision thereon after
investigation shall be final.
((b) amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1306. Non-resident Inmates of Children's
Institutions.--(a) The board of school directors of any school

district in which there is located any orphan asylum, home for

the friendless, children's home, or other institution for the
care or training of orphans or other children, shall permit any
children who are inmates of such homes, but not legal residents
in such district, to attend the public schools in said district,
either with or without charge for tuition, text books, or school
supplies, as the directors of the district in which such
institution is located may determine. When any home or
institution having for its purpose the care and training of
children and having non-resident children under its care, is
located in more than one school district, educational facilities
may be provided by either district as though the institution
were located wholly in that district. If the district or
districts in which the institution is located does not have
facilities to accommodate the children in its schools or in a
joint school of which it is a member, the board of directors
shall so notify the Superintendent of Public Instruction not
later than July one. If the Superintendent of Public
Instruction, after investigation, finds that neither the school
district nor the joint school board, if any, can accommodate
the non-resident inmates of the institution during the ensuing
school term, he shall direct the district and the joint school
board, if any, to enter into an agreement with another school
district or joint school board to accept them on a tuition
basis.
(b) Whenever non-resident children attend the public schools
in such district, they shall be furnished proper transportation
provided for resident children, and the district furnishing or
providing the transportation shall be reimbursed in the same
manner as provided for resident children.
(c) Except as provided in subsection (d), whenever a student
described in this section is a suspected or identified eligible
student as defined in 22 Pa. Code Chs. 14 (relating to special
education services and programs) and 342 (relating to special
education services and programs), the school district in which
the institution is located is responsible for:
(1) providing the student with an appropriate program of
special education and training consistent with this act and 22
Pa. Code Chs. 14 and 342; and
(2) maintaining contact with the school district of
residence of the student for the purpose of keeping the school
district of residence informed of its plans for educating the
student and seeking the advice of that district with respect
to the student.
((c) added June 7, 1993, P.L.49, No.16)
(d) The student's school district of residence and the
school district in which the institution is located may agree
to an arrangement of educational and procedural responsibilities
other than as contained in subsection (c), provided that the
agreement is in writing and is approved by the Department of
Education after notice to and an opportunity to comment by the
parents of the student. ((d) added June 7, 1993, P.L.49, No.16)
(e) Nothing in this section is intended to supersede section
914.1-A of this act or any other provision of law applicable
to a particular type of placement. ((e) added June 7, 1993,
P.L.49, No.16)
(1306 amended Sept. 7, 1955, P.L.583, No.151 and Feb. 17,
1956, 1955 P.L.1067, No.344)
Section 1306.1. Optional Commitment Location.--Any
adjudicated delinquent committed to a youth development center
or other juvenile correctional facility may serve the time of

any such commitment at a facility within the county of residence

if an appropriate facility exists within that county.
(1306.1 added June 7, 1993, P.L.49, No.16)
Section 1306.2. Juveniles Incarcerated in Adult
Facilities.--(a) A person under twenty-one (21) years of age
who is confined to an adult local correctional institution
following conviction for a criminal offense who is otherwise
eligible for educational services as provided under this act
shall be eligible to receive educational services from the board
of school directors in the same manner and to the same extent
as a student who has been expelled pursuant to section 1318.
(b) A person under twenty-one (21) years of age who is
confined to an adult local correctional institution following
a charge for a criminal offense who is otherwise eligible for
educational services as provided under this act shall be
eligible to receive services from the board of school directors
in the same manner and to the same extent as a student who has
been placed in an alternative education program for disruptive
students.
(c) The department shall effectuate necessary procedures
for the transfer of funds from the school district of residence
to the school district in which the local correctional
institution is located. In effectuating the transfer of funds,
the department may deduct the appropriate amount from the Basic
Education Funding allocation of any school district which had
resident students who were provided educational services in the
local correctional facility.
(d) For purposes of this section, the term "convicted" means
a finding of guilty by a judge or a jury or the entry of a plea
of guilty or nolo contendere for an offense under 18 Pa.C.S.
(relating to crimes and offenses) whether or not judgment of
sentence has been imposed.
(e) For purposes of this section, a "local correctional
institution" shall include any jail, prison or detention
facility operated by a county or jointly by more than one county
or by a municipality. The term does not include any facility
used for the detention or confinement of juveniles.
(1306.2 added June 25, 1997, P.L.297, No.30)
Section 1307. Counties, Other Than Second Class, Responsible
for Payment of Tuition.--In any county, other than a county of
the second class, whenever any child is an inmate of an orphan
asylum or home or a children's home or a home for the friendless
or a private home or other institution for the care or training
of orphans or other children, and the maintenance of such
children is provided at the cost of the county or the county
institution district wherein it is located, and such child
attends the public schools of the school district wherein such
home or institution is located, although not a legal resident
of such district, the county shall in all such cases pay to
such school district the tuition charge provided for by this
act in the case of pupils attending public schools of another
district. Such costs shall be paid annually by the county and
shall thereafter be collected by the county from the school
district in which such child is a legal resident.
Section 1308. Liability for Tuition and Enforcement of
Payment.--(a) In all cases not covered by the preceding section
if a charge is made by any school district for tuition for the
inmates of any such institution, the officers of the institution
shall submit to the board of school directors a sworn statement,
setting forth the names, ages, and school districts liable for
tuition of all children who are inmates thereof, and desire to
attend public school in the district. The district in which the

institution is located shall obtain a blank acknowledging or

disclaiming residence, signed by the secretary of the school
district in which the institution declares the legal residence
of the child to be. If said district shall fail to file said
blank within fifteen (15) days from the date it is sent to the
district by registered mail, the district in which the
institution is located shall again notify the district of its
failure to comply with the provisions of this act. If the
district shall fail to comply within fifteen (15) days following
the second notice, said failures to return the blank shall be
construed as an acknowledgement of said child's residence. The
tuition of such inmates as are included in the sworn statement
to the board of school directors shall be paid by the district
of residence of the inmates upon receipt of a bill from the
district in which the institution is located setting forth the
names, ages and tuition charges of the inmates. The district
so charged with tuition may file an appeal with the Secretary
of Education, in which it shall be the complainant and the
district in which the institution is located the respondent.
The decision of the Secretary of Education, as to which of said
parties is responsible for tuition, shall be final.
(b) In the event that the district in which the institution
is located contracts with a third party to provide educational
services to children who are inmates of the institution, the
third party may seek payment of tuition directly from the
district of residence. The third party shall notify the district
in which the institution is located of its payment request to
the district of residence, and, if the district of residence
makes payment to the third party, the third party shall notify
the district in which the institution is located. Such payment
to the third party shall satisfy and extinguish the contractual
payment obligation of the district in which the institution is
located. The district so charged with tuition by the third party
may file an appeal with the secretary as set forth in subsection
(a).
(c) If any inmates have been received from outside of
Pennsylvania, or if the institution cannot certify as to their
residence, their tuition shall be paid by the institution having
the care or custody of said children, except in the case of
medically indigent children hospitalized in exclusively
charitable children's hospitals exempt under section 501(c)(3)
of the Internal Revenue Code which make no charges to any of
its patients nor accepts any third-party payments for services
provided to any of its patients. In such cases their tuition
shall be paid by the Commonwealth out of moneys appropriated
by the General Assembly for the purposes of this act. Enrollment
of any out-of-state student in a school district or intermediate
unit program shall be conditioned upon a guarantee, or actual
advance receipt, of tuition and transportation payment from the
institution, from the student's home state or out-of-state
school district, or from the out-of-state party or agency which
placed the student in the institution, except in the case of
medically indigent children hospitalized in exclusively
charitable children's hospitals exempt under section 501(c)(3)
of the Internal Revenue Code which make no charges to any of
its patients nor accepts any third-party payments for services
provided to any of its patients where the Commonwealth is paying
the tuition as otherwise provided for in this paragraph. If the
Secretary of Education decides that the legal residence of any
of said inmates is in Pennsylvania, but cannot be fixed in a
particular district, the Commonwealth shall pay the tuition of
such inmate out of moneys appropriated to the Department of

Education by the General Assembly for the maintenance and

support of the public schools of the Commonwealth.
(1308 amended June 30, 2012, P.L.684, No.82)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 1309. Cost of Tuition; How Fixed.--(a) The cost
of tuition in such cases shall be fixed as is now provided by
law for tuition costs in other cases, except in the following
circumstances:
(1) Where, for the accommodation of such children, it shall
be necessary to provide a separate school or to erect additional
school buildings, the charge for tuition for such children may
include a proportionate cost of the operating expenses, rental,
and interest on any investment required to be made in erecting
such new school buildings.
(2) When a child who is an inmate of an institution is a
child with exceptionalities, the district in which the
institution is located may charge the district of residence,
and the district of residence shall pay a special education
charge in addition to the applicable tuition charge. Such
special education charge when combined with the applicable
tuition charge shall not exceed the total net cost of the
special education program provided. In the case of a child with
exceptionalities who is an inmate of an institution and who is
served under section 2509.1(b), the district in which the
institution is located may charge the district of residence an
amount that does not exceed the total cost of the special
education program provided minus the amount received per child
from the Commonwealth under section 2509.1(b).
(b) For students who the Secretary of Education has
determined are legal residents of Pennsylvania without fixed
districts of residence, the tuition herein provided for shall
be paid annually by the Secretary of Education. For all other
students, the tuition herein provided shall be paid by the
district of residence or the institution as the case may be,
within thirty (30) days of its receipt of an invoice from the
district in which the institution is located. ((b) amended July
13, 2005, P.L.226, No.46)
(1309 amended June 30, 1995, P.L.220, No.26)
Section 1310. Assignment of Pupils to Schools.--(a) The
board of school directors of every school district or joint
school shall, for the purpose of designating the schools to be
attended by the several pupils in the district or area served
by the joint board, subdivide the district or joint school in
such manner that all the pupils in the district shall be
assigned to, and reasonably accommodated in, one of the public
schools in the district or joint school. The board of school
directors may, upon cause shown, permit any pupil or pupils in
any school district to attend such other school in the district
as the board may deem proper, or may classify and assign the
pupils in the district to any school or schools therein as it
may deem best, in order to properly educate them. Whenever any
child or children of compulsory school age have their residence
more than two (2) miles by the nearest public highway from the
school within the district to which they have been assigned,
and free transportation for such child or children to a school
within the district is not provided, and there is a school in
session in some other district in the Commonwealth within two
(2) miles by the nearest public highway of the residence of
such child or children, the board of school directors shall,

with the consent of the board of school directors of such other

district, reassign such child or children to such school in the
other district, and shall pay to said district the tuition
charge provided for by this act. This provision shall include
in like manner assignment to high schools in the case of pupils
of compulsory school age who are qualified to be enrolled in
such high schools. It shall be unlawful for any school
directors, superintendent, or teacher to make any distinction
whatever, on account of, or by reason of, the race or color of
any pupil or scholar who may be in attendance upon, or seeking
admission to, any public school maintained wholly or in part
under the school laws of the Commonwealth.
(b) Notwithstanding anything to the contrary stated within
this law, the board of school directors of any school district,
in which a day treatment program operated under approval from
the Department of Public Welfare by a private children and youth
agency is located, may in its discretion purchase educational
services for children referred, pursuant to a proceeding under
42 Pa.C.S. Ch. 63 (relating to juvenile matters), to such an
agency. Before the board of school directors purchases
educational services from the agency for a specific child, it
must document that the child cannot receive appropriate
educational services in a regular classroom setting because of
behavioral or psychological reasons: Provided, however, That
nothing contained in this section shall be construed to alter
or limit the educational rights of exceptional children.
(c) The actual cost, not to exceed the tuition charges of
the school district in which such day treatment program is
located, shall be borne by the school district of the child's
residence. If the school district of residence of the child
cannot be determined, the costs shall be borne by the Department
of Education. The department shall effectuate necessary
procedures for the transfer of funds from the school district
of residence to the school district in which the day treatment
program is located. In effectuating the transfer of funds, the
department may deduct the appropriate amount from the basic
instructional subsidy of any school district which had resident
students who were provided educational services by an approved
children and youth agency.
(d) For the purpose of this section, educational services
shall be defined as direct expenditures for instruction and the
administration of the instructional program. Any expenditure
not pertaining directly to instruction and the administration
of the instructional program of the students shall be considered
a cost of child welfare services as provided for in sections
704.1 and 704.2, act of June 13, 1967 (P.L.31, No.21), known
as the "Public Welfare Code," and as a social service as defined
in the regulations promulgated pursuant to that act. Under no
circumstances shall a school district or the Department of
Education be required to provide funding for programs operated
in excess of one hundred eighty (180) days of instruction or
nine hundred (900) hours of instruction at the elementary level
or nine hundred ninety (990) hours of instruction at the
secondary level during any one school year. ((d) amended June
29, 1984, P.L.438, No. 93)
(1310 amended Dec. 17, 1982, P.L.1378, No.316)
Section 1310.1. Classroom Placement of Twins or Higher Order
Multiples; Parental Discretion.--(a) For the 2008-2009 school
year and each school year thereafter, a parent or guardian of
twins or higher order multiples in the same grade level at the
same school may request that their children be placed in the
same classroom or in separate classrooms. The school may

recommend classroom placement to the parents and provide

professional education advice to the parents to assist them in
making the best decision for their children's education. Except
as provided in subsections (b) and (c), a school shall provide
the classroom placement of twins or higher order multiples
requested by the children's parent or guardian, unless, after
consultation with the school district superintendent or the
superintendent's designee, the principal determines that
alternative placement is necessary. The parent or guardian must
request the classroom placement no later than ten (10) days
after the first day of each school year or ten (10) days after
the first day of attendance of the children during a school
year if the children are enrolled in the school after the school
year commences.
(b) If the principal of the school, in consultation with
the teacher of each classroom in which the twins or higher order
multiples are placed, determines that the requested classroom
placement is disruptive to the classroom, the principal may
determine the appropriate classroom placement for the siblings.
(c) A school district is not required to place twins or
higher order multiples in separate classrooms if the request
would require the school district to add an additional class
to the grade level of the siblings.
(d) A parent may appeal the principal's classroom placement
of twins or higher order multiples in the manner provided by
school district policy.
(e) For purposes of this section, "higher order multiples"
means triplets, quadruplets, quintuplets or larger groups of
siblings resulting from the same delivery.
(1310.1 added July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1310.1, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1311. Closing Schools.--(a) The board of school
directors of any school district may, on account of the small
number of pupils in attendance, or the condition of the then
existing school building, or for the purpose of better gradation
and classification, or other reasons, close any one or more of
the public schools in its district. Upon such school or schools
being closed, the pupils who belong to the same shall be
assigned to other schools, or upon cause shown, be permitted
to attend schools in other districts.
(b) Whenever the average term attendance of pupils regularly
enrolled at any one-room school in any school district of the
fourth class or in any district of the third class, which is
located wholly within the boundary lines of a township, is ten
(10), or less than ten (10), the board of school directors shall
close such school. If the board of school directors does not
deem it feasible to close such school, it may present its
petition to the Department of Public Instruction, showing the
reasons why such school should not be closed. Thereupon the
department shall consider such petition, and shall make such
order as may seem just in the premises. If any school has been
closed because the average term attendance of pupils enrolled
was ten (10), or less than ten (10), and has been reopened upon
order of the department, and the average term attendance is
twelve (12), or more, after such reopening, such school shall
be considered re-established. ((b) amended Oct. 21, 1965,
P.L.601, No.312)
Section 1312. Free Transportation Where Schools Closed in
Certain Districts.--In any district of the fourth class or any

district of the third class, which is located wholly within the

boundary lines of a township, or within the boundary lines of
a borough which has a population of less than five hundred (500)
inhabitants to the square mile, elementary school pupils who
reside within that part of the school district last served by
any elementary school closed since the first Monday of July,
one thousand nine hundred seven, or within a district all of
whose schools have been closed, or who are assigned to a
training school of a State teachers' college, and reside one
and one-half miles or more from the school to which they are
assigned, shall be furnished proper transportation, at the
expense of the district, to and from the elementary school to
which they are assigned.
(1312 amended May 11, 1949, P.L.1195, No.361)
Section 1313. Attendance in Other Districts.--Where any
pupil in any school district resides one and one-half miles,
or more, by the public road, from the nearest public elementary
school in the district, such pupil, unless proper free
transportation is furnished to a suitable school in the
district, may attend any public elementary school in another
school district more convenient of access, on obtaining the
consent of the board of school directors of such other school
district, and without the consent of the board of school
directors of the district where such pupil resides. The district
where such pupil resides shall promptly pay, to the district
where such pupil attends, the tuition charge provided for by
this act. The board of school directors of any district may,
on account of convenience of access, or other reasons, permit
any pupils to attend the schools of another district.
Section 1314. Attendance in District to Which Territory of
Residence Formerly Attached.--(a) All pupils residing in any
territory belonging to any school district established by the
act, approved the eighteenth day of May, one thousand nine
hundred eleven (Pamphlet Laws 309), which territory at the time
of the approval of said act was attached to another school
district for school purposes, may, if they so desire, attend
during the entire school term of each year the public schools
in the district to which the territory in which they reside was
formerly attached. The district in which they reside shall pay
to the district in which they attend the tuition charge provided
for by this act: Provided, That if the school districts in which
such pupils now reside has or shall hereafter, by the
establishment of new schools or otherwise, provide within
reasonable distance proper school facilities of like grades to
those in the district to which they were formerly attached,
then in any such case, such pupils shall attend the schools in
the district in which they reside. In case of dispute, the
decision of the Superintendent of Public Instruction as to
sufficiency and reasonableness of the school facilities provided
by the school district in which such pupils reside shall be
final.
(b) Pupils and their younger siblings under the age of
twenty-one (21) years, born or yet unborn of a family that
resides in the territory, that is located in a county of the
second class, that has been transferred from a township of the
first class which has adopted a home rule charter under the
former act of April 13, 1972 (P.L.184, No.62), known as the
"Home Rule Charter and Optional Plans Law," or under 53 Pa.C.S.
Pt. III Subpt. E (relating to home rule and optional plan
government) located in a school district of the second class,
to a township of the first class located in a school district
of the second class, for school purposes may, if they so desire,

continue to attend the public schools in the district to which

the territory in which they reside was formerly attached for
the duration of their attendance in public schools. The district
in which they reside shall pay to the district in which they
attend the lesser of the State subsidy of the district of
residence or the district of attendance in accordance with
provisions regarding basic education funding.
(1314 amended Nov. 22, 2000, P.L.672, No.91)
Section 1315. Assignment to School in Another State;
Receiving Pupils from Other States.--Where any child of school
age in any school district resides one and one-half miles or
more by the nearest traveled road from the nearest public
elementary school or three miles or more from the nearest high
school in the district, such child unless proper free
transportation is furnished to a suitable school in this
Commonwealth may on request of his parents or legal guardian
be assigned by the board of school directors to a more
convenient school in another state: Provided, That the consent
of the proper school officials in charge of such school in
another state to such an arrangement is permitted by the laws
of such state and is agreed to by such officials. The tuition
of any such pupil attending a school in another state may be
paid by the board of school directors of the district in which
he is a resident, as in the case of a pupil attending a public
school in this Commonwealth in a district in which he is not a
resident.
The board of school directors in any school district situate
adjacent to another state may admit to the public schools in
such district pupils resident in such other state and may
receive tuition for such pupils, as in the case of pupils
admitted from other districts in this Commonwealth.
Section 1316. Permitting Attendance of Non-resident
Pupils.--The board of school directors of any school district
may permit any non-resident pupils to attend the public schools
in its district upon such terms as it may determine, subject
to the provisions of this act.
Section 1316.1. Attendance at Schools for the Performing
Arts.--The board of school directors of school districts of the
first class A may permit any non-resident pupil to attend a
high school for the performing arts in its district provided
there are enrollment vacancies at the school and no other
qualified district residents have applied for enrollment and
upon such additional terms as it may determine, subject to the
provisions of this act. Upon approval of the board of school
directors pursuant to section 1608, payments due from a sending
district to a receiving district shall be governed by sections
2561 and 2562, except that a sending district's liability for
payment shall be limited to the tuition charge of the receiving
district or its own tuition charge, whichever is less.
(1316.1 added July 4, 2004, P.L.536, No.70)
Section 1317. Authority of Teachers, Vice Principals and
Principals over Pupils.--Every teacher, vice principal and
principal in the public schools shall have the right to exercise
the same authority as to conduct and behavior over the pupils
attending his school, during the time they are in attendance,
including the time required in going to and from their homes,
as the parents, guardians or persons in parental relation to
such pupils may exercise over them.
(1317 amended July 25, 1963, P.L.315, No.169)
Section 1317.1. Possession of Telephone Pagers
Prohibited.--(a) The possession by students of telephone paging
devices, commonly referred to as beepers, shall be prohibited

on school grounds, at school sponsored activities and on buses

or other vehicles provided by the school district.
(b) The prohibition contained in subsection (a) shall not
apply in the following cases, provided that the school
authorities approve of the presence of the beeper in each case:
(1) A student who is a member of a volunteer fire company,
ambulance or rescue squad.
(2) A student who has a need for a beeper due to the medical
condition of an immediate family member.
(1317.1 added Dec. 22, 1989, P.L.749, No.103)
Section 1317.2. Possession of Weapons
Prohibited.--(a) Except as otherwise provided in this section,
a school district or area vocational-technical school shall
expel, for a period of not less than one year, any student who
is determined to have brought onto or is in possession of a
weapon on any school property, any school-sponsored activity
or any public conveyance providing transportation to a school
or school-sponsored activity.
(b) Every school district and area vocational-technical
school shall develop a written policy regarding expulsions for
possession of a weapon as required under this section.
Expulsions shall be conducted pursuant to all applicable
regulations.
(c) The superintendent of a school district or an
administrative director of an area vocational-technical school
may recommend modifications of such expulsion requirements for
a student on a case-by-case basis. The superintendent or other
chief administrative officer of a school entity shall, in the
case of an exceptional student, take all steps necessary to
comply with the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. 1400 et seq.).
(d) The provisions of this section shall not apply to the
following:
(1) a weapon being used as part of a program approved by a
school by an individual who is participating in the program;
or
(2) a weapon that is unloaded and is possessed by an
individual while traversing school property for the purpose of
obtaining access to public or private lands used for lawful
hunting, if the entry on school premises is authorized by school
authorities.
(e) Nothing in this section shall be construed as limiting
the authority or duty of a school or area vocational-technical
school to make an alternative assignment or provide alternative
educational services during the period of expulsion.
(e.1) A school district receiving a student who transfers
from a public or private school during a period of expulsion
for an act or offense involving a weapon may assign that student
to an alternative assignment or provide alternative education
services, provided that the assignment may not exceed the period
of expulsion.
(f) All school districts and area vocational-technical
schools shall report all incidents involving possession of a
weapon prohibited by this section as follows:
(1) The school superintendent or chief administrator shall
report the discovery of any weapon prohibited by this section
to local law enforcement officials.
(2) The school superintendent or chief administrator shall
report to the Department of Education all incidents relating
to expulsions for possession of a weapon on school grounds,
school-sponsored activities or public conveyances providing

transportation to a school or school-sponsored activity. Reports

shall include all information as required under section 1303-A.
(g) As used in this section, the term "weapon" shall
include, but not be limited to, any knife, cutting instrument,
cutting tool, nunchaku, firearm, shotgun, rifle and any other
tool, instrument or implement capable of inflicting serious
bodily injury.
(1317.2 amended June 25, 1997, P.L.297, No.30)
Section 1317.3. Uniforms.--The board of directors in any
school entity may impose limitations on dress and may require
pupils to wear standard dress or uniforms. Dress policies may
be applicable throughout the school entity or may be applicable
to one or more school buildings within the school entity.
(1317.3 added Apr. 27, 1998, P.L.270, No.46)
Section 1318. Suspension and Expulsion of Pupils.--Every
principal or teacher in charge of a public school may
temporarily suspend any pupil on account of disobedience or
misconduct, and any principal or teacher suspending any pupil
shall promptly notify the district superintendent or secretary
of the board of school directors. The board may, after a proper
hearing, suspend such child for such time as it may determine,
or may permanently expel him. Such hearings, suspension, or
expulsion may be delegated to a duly authorized committee of
the board, or to a duly qualified hearing examiner, who need
not be a member of the board, but whose adjudication must be
approved by the board.
(1318 amended Feb. 8, 1980, P.L.3, No.2)
Section 1319. Confidentiality of Student
Communications.--(1319 repealed Apr. 28, 1978, P.L.202, No.53)
(b)

Enforcing Attendance.

Section 1326. Definitions.--The term "compulsory school

age," as hereinafter used, shall mean the period of a child's
life from the time the child's parents elect to have the child
enter school, which shall be not later than at the age of eight
(8) years, until the age of seventeen (17) years. The term shall
not include any child who holds a certificate of graduation
from a regularly accredited senior high school.
The term "migratory child," wherever used in this subdivision
of this article, shall include any child domiciled temporarily
in any school district for the purpose of seasonal employment,
but not acquiring residence therein, and any child accompanying
his parent or guardian who is so domiciled.
Section 1327. Compulsory School Attendance.--(a) Except
as hereinafter provided, every child of compulsory school age
having a legal residence in this Commonwealth, as provided in
this article, and every migratory child of compulsory school
age, is required to attend a day school in which the subjects
and activities prescribed by the standards of the State Board
of Education are taught in the English language. In lieu of
such school attendance, any child fifteen years of age with the
approval of the district superintendent and the approval of the
Secretary of Education, and any child sixteen years of age with
the approval of the district superintendent of schools, may
enroll as a day student in a private trade school or in a
private business school licensed by the Department of Education,
or in a trade or business school, or department operated by a
local school district or districts. Such modified program
offered in a public school must meet the standards prescribed
by the State Board of Education or the State Board for
Vocational Education. Except as hereinafter provided, every

parent, guardian, or other person having control or charge of

any child or children of compulsory school age is required to
send such child or children to a day school in which the
subjects and activities prescribed by the standards of the State
Board of Education are taught in the English language. Such
parent, guardian, or other person having control or charge of
any child or children, fifteen or sixteen years of age, in
accordance with the provisions of this act, may send such child
or children to a private trade school or private business school
licensed by the Department of Education, or to a trade or
business school, or department operated by a local school
district or districts. Such modified program offered in a public
school must meet the standards prescribed by the State Board
of Education or the State Board for Vocational Education. Such
child or children shall attend such school continuously through
the entire term, during which the public schools in their
respective districts shall be in session, or in cases of
children of migrant laborers during the time the schools are
in session in the districts in which such children are
temporarily domiciled. The financial responsibility for the
education of such children of migrant laborers shall remain
with the school district in which such children of migrant
laborers are temporarily domiciled; except in the case of
special schools or classes conducted by an intermediate unit
and approved by the Department of Education or conducted by the
Department of Education. The certificate of any principal or
teacher of a private school, or of any institution for the
education of children, in which the subjects and activities
prescribed by the standards of the State Board of Education are
taught in the English language, setting forth that the work of
said school is in compliance with the provisions of this act,
shall be sufficient and satisfactory evidence thereof. Regular
daily instruction in the English language, for the time herein
required, by a properly qualified private tutor, shall be
considered as complying with the provisions of this section.
For the purposes of this section, "properly qualified private
tutor" shall mean a person who is certified by the Commonwealth
of Pennsylvania to teach in the public schools of Pennsylvania;
who is teaching one or more children who are members of a single
family; who provides the majority of the instruction to such
child or children; and who is receiving a fee or other
consideration for such instructional services. No person who
would be disqualified from school employment by the provisions
of subsection (e) of section 111 may be a private tutor, as
provided for in this section. The private tutor must file a
copy of his Pennsylvania certification and the required criminal
history record with the student's district of residence
superintendent. ((a) amended Dec. 21, 1988, P.L.1321, No.169)
(b) A child enrolled in a day school which is operated by
a bona fide church or other religious body, and the parent,
guardian or other person having control or charge of any such
child or children of compulsory school age shall be deemed to
have met the requirements of this section if that school
provides a minimum of one hundred eighty (180) days of
instruction or nine hundred (900) hours of instruction per year
at the elementary level or nine hundred ninety (990) hours per
year of instruction at the secondary level and:
(1) At the elementary school level, the following courses
are taught: English, to include spelling, reading and writing;
arithmetic; science; geography; history of the United States
and Pennsylvania; civics; safety education, including regular
and continuous instruction in the dangers and prevention of

fires; health and physiology; physical education; music; and

art.
(2) At the secondary school level, the following courses
are offered: English, to include language, literature, speech
and composition; science, to include biology and chemistry;
geography; social studies, to include civics, economics, world
history, history of the United States and Pennsylvania; a
foreign language; mathematics, to include general mathematics
and statistics, algebra and geometry; art; music; physical
education; health and physiology; and safety education,
including regular and continuous instruction in the dangers and
prevention of fires.
The requirements contained in sections 1511 and 1605 of this
act shall not apply to such schools. The notarized affidavit
of the principal of any such school, filed with the Department
of Education and setting forth that such subjects are offered
in the English language in such school, whether it is a
nonprofit organization, and that such school is otherwise in
compliance with the provisions of this act, shall be
satisfactory and sufficient evidence thereof. It is the policy
of the Commonwealth to preserve the primary right and the
obligation of the parent or parents, or person or persons in
loco parentis to a child, to choose the education and training
for such child. Nothing contained in this act shall empower the
Commonwealth, any of its officers, agencies or subdivisions to
approve the course content, faculty, staff or disciplinary
requirements of any religious school referred to in this section
without the consent of said school.
(c) A child enrolled in a day or boarding school accredited
by an accrediting association which is approved by the State
Board of Education, and the parent, guardian or other person
having designated control or charge of any child or children
of compulsory school age shall be deemed to have met the
requirements of subsection (a).
(d) Instruction to children of compulsory school age
provided in a home education program, as provided for in section
1327.1 of this act, shall be considered as complying with the
provisions of this section, except that any student who has
been identified pursuant to the provisions of the Education of
the Handicapped Act (Public Law 91-230, 20 U.S.C. 1401 et
seq.) as needing special education services, excluding those
students identified as gifted and/or talented, shall be in
compliance with the requirements of compulsory attendance by
participating in a home education program, as defined in section
1327.1, when the program addresses the specific needs of the
exceptional student and is approved by a teacher with a valid
certificate from the Commonwealth to teach special education
or a licensed clinical or certified school psychologist, and
written notification of such approval is submitted with the
notarized affidavit required under section 1327.1(b). The
supervisor of a home education program may request that the
school district or intermediate unit of residence provide
services that address the specific needs of the exceptional
student in the home education program. When the provision of
services is agreed to by both the supervisor and the school
district or intermediate unit, all services shall be provided
in the public schools or in a private school licensed to provide
such programs and services. ((d) added Dec. 21, 1988, P.L.1321,
No.169)
(1327 amended Dec. 15, 1986, P.L.1602, No.178)

Section 1327.1. Home Education Program.--(a) The following

words and phrases when used in this section shall have the
meanings given to them in this subsection:
"Appropriate education" shall mean a program consisting of
instruction in the required subjects for the time required in
this act and in which the student demonstrates sustained
progress in the overall program.
"Hearing examiner" shall not be an officer, employe or agent
of the Department of Education or of the school district or
intermediate unit of residence of the child in the home
education program.
"Home education program" shall mean a program conducted, in
compliance with this section, by the parent or guardian or such
person having legal custody of the child or children.
"Supervisor" shall mean the parent or guardian or such person
having legal custody of the child or children who shall be
responsible for the provision of instruction, provided that
such person has a high school diploma or its equivalent.
(b) The requirements contained in sections 1511 and 1511.1,
except as provided for in this section, and section 1605 shall
not apply to home education programs. A home education program
shall not be considered a nonpublic school under the provisions
of this act.
(1) A notarized affidavit of the parent or guardian or other
person having legal custody of the child or children, filed
prior to the commencement of the home education program and
annually thereafter on August 1 with the superintendent of the
school district of residence and which sets forth: the name of
the supervisor of the home education program who shall be
responsible for the provision of instruction; the name and age
of each child who shall participate in the home education
program; the address and telephone number of the home education
program site; that such subjects as required by law are offered
in the English language, including an outline of proposed
education objectives by subject area; evidence that the child
has been immunized in accordance with the provisions of section
1303(a) and has received the health and medical services
required for students of the child's age or grade level in
Article XIV; and that the home education program shall comply
with the provisions of this section and that the notarized
affidavit shall be satisfactory evidence thereof. The required
outline of proposed education objectives shall not be utilized
by the superintendent in determining if the home education
program is out of compliance with this section and section 1327.
The affidavit shall contain a certification to be signed by the
supervisor that the supervisor, all adults living in the home
and persons having legal custody of a child or children in a
home education program have not been convicted of the criminal
offenses enumerated in subsection (e) of section 111 within
five years immediately preceding the date of the affidavit.
(2) In the event the home education program site is
relocating to another school district within this Commonwealth
during the course of the public school term or prior to the
opening of the public school term in the fall, the supervisor
of the home education program must apply, by registered mail,
thirty (30) days prior to the relocation, to the superintendent
of the district in which he or she currently resides, requesting
a letter of transfer for the home education program to the
district to which the home education program is relocating. The
current superintendent of residence must issue the letter of
transfer thirty (30) days after receipt of the registered mail
request of the home education program supervisor.

(i) If the home education program is not in compliance with

the provisions of this section, the superintendent of the
current district of residence must inform the home education
supervisor and the superintendent of the district to which the
home education program is relocating the status of the home
education program and the reason for the denial of the letter
of transfer.
(ii) If the home education program is in hearing procedures,
as contained in this section, the superintendent of the current
district of residence must inform the home education supervisor,
the assigned hearing examiner and the superintendent of the
district to which the home education program is relocating the
status of the home education program and the reason for the
denial of the letter of transfer.
(3) The letter of transfer, required by clause (2), must
be filed by the supervisor of the home education program with
the superintendent of the new district of residence. In the
case of pending proceedings, the new district of residence
superintendent shall continue the home education program until
the appeal process is finalized.
(c) A child who is enrolled in a home education program and
whose education is therefore under the direct supervision of
his parent, guardian or other person having legal custody shall
be deemed to have met the requirements of section 1327 if that
home education program provides a minimum of one hundred eighty
(180) days of instruction or nine hundred (900) hours of
instruction per year at the elementary level, or nine hundred
ninety (990) hours per year at the secondary level:
(1) At the elementary school level, the following courses
shall be taught: English, to include spelling, reading and
writing; arithmetic; science; geography; history of the United
States and Pennsylvania; civics; safety education, including
regular and continuous instruction in the dangers and prevention
of fires; health and physiology; physical education; music; and
art.
(2) At the secondary school level, the following courses
shall be taught: English, to include language, literature,
speech and composition; science; geography; social studies, to
include civics, world history, history of the United States and
Pennsylvania; mathematics, to include general mathematics,
algebra and geometry; art; music; physical education; health;
and safety education, including regular and continuous
instruction in the dangers and prevention of fires. Such courses
of study may include, at the discretion of the supervisor of
the home education program, economics; biology; chemistry;
foreign languages; trigonometry; or other age-appropriate
courses as contained in Chapter 5 (Curriculum Requirements) of
the State Board of Education.
(d) The following minimum courses in grades nine through
twelve are established as a requirement for graduation in a
home education program:
(1) Four years of English.
(2) Three years of mathematics.
(3) Three years of science.
(4) Three years of social studies.
(5) Two years of arts and humanities.
(e) In order to demonstrate that appropriate education is
occurring, the supervisor of the home education program shall
provide and maintain on file the following documentation for
each student enrolled in the home education program:
(1) A portfolio of records and materials. The portfolio
shall consist of a log, made contemporaneously with the

instruction, which designates by title the reading materials

used, samples of any writings, worksheets, workbooks or creative
materials used or developed by the student and in grades three,
five and eight results of nationally normed standardized
achievement tests in reading/language arts and mathematics or
the results of Statewide tests administered in these grade
levels. The department shall establish a list, with a minimum
of five tests, of nationally normed standardized tests from
which the supervisor of the home education program shall select
a test to be administered if the supervisor does not choose the
Statewide tests. At the discretion of the supervisor, the
portfolio may include the results of nationally normed
standardized achievement tests for other subject areas or grade
levels. The supervisor shall ensure that the nationally normed
standardized tests or the Statewide tests shall not be
administered by the child's parent or guardian.
(i) A teacher or administrator who evaluates a portfolio
at the elementary level (grades kindergarten through six) shall
have at least two years of experience in grading any of the
following subjects: English, to include spelling, reading and
writing; arithmetic; science; geography; history of the United
States and Pennsylvania; and civics.
(ii) A teacher or administrator who evaluates a portfolio
at the secondary level (grades seven through twelve) shall have
at least two years of experience in grading any of the following
subjects: English, to include language, literature, speech,
reading and composition; science, to include biology, chemistry
and physics; geography; social studies, to include economics,
civics, world history, history of the United States and
Pennsylvania; foreign language; and mathematics, to include
general mathematics, algebra, trigonometry, calculus and
geometry.
(iii) As used in this clause, the term "grading" shall mean
evaluation of classwork, homework, quizzes, classwork-based
tests and prepared tests related to classwork subject matter.
(2) An annual written evaluation of the student's
educational progress as determined by a licensed clinical or
school psychologist or a teacher certified by the Commonwealth
or by a nonpublic school teacher or administrator. Any such
nonpublic teacher or administrator shall have at least two years
of teaching experience in a Pennsylvania public or nonpublic
school within the last ten years. Such nonpublic teacher or
administrator shall have the required experience at the
elementary level to evaluate elementary students or at the
secondary level to evaluate secondary students. The certified
teacher shall have experience at the elementary level to
evaluate elementary students or at the secondary level to
evaluate secondary students. The evaluation shall also be based
on an interview of the child and a review of the portfolio
required in clause (1) and shall certify whether or not an
appropriate education is occurring. At the request of the
supervisor, persons with other qualifications may conduct the
evaluation with the prior consent of the district of residence
superintendent. In no event shall the evaluator be the
supervisor or their spouse.
(f) The school district of residence shall, at the request
of the supervisor, lend to the home education program copies
of the school district's planned courses, textbooks and other
curriculum materials appropriate to the student's age and grade
level.
(f.1) (1) Beginning January 1, 2006, the school district
of residence shall permit a child who is enrolled in a home

education program to participate in any activity that is subject

to the provisions of section 511, including, but not limited
to, clubs, musical ensembles, athletics and theatrical
productions, provided that the child:
(i) Meets the eligibility criteria or their equivalent for
participation in the activity that apply to students enrolled
in the school district;
(ii) Meets the tryout criteria or their equivalent for
participation in the activity that apply to students enrolled
in the school district; and
(iii) Complies with all policies, rules and regulations or
their equivalent of the governing organization of the activity.
(2) For the purposes of this subsection, the school district
of residence's program of interscholastic athletics, including
varsity sports, shall be considered an activity and shall
include all activities related to competitive sports contests,
games, events or exhibitions involving individual students or
teams of students whenever such activities occur between schools
within the school district or between schools outside of the
school district.
(3) Where the activity requires completion of a physical
examination or medical test as a condition of participation and
the school district of residence offers such physical
examination or medical test to students enrolled in the school
district, the school district shall permit a child who is
enrolled in a home education program to access such physical
examination or medical test. The school district shall publish
the dates and times of such physical examination or medical
test in a publication of general circulation in the school
district and on its publicly accessible Internet website.
(4) A board of school directors may adopt a policy to
implement the requirements of this subsection. Such policy shall
only apply to participation in activities and shall not conflict
with any provisions of this section.
((f.1) added Nov. 10, 2005, P.L. , No.67)
(g) When documentation is required by this section to be
submitted to the district of residence superintendent or the
hearing examiner, the superintendent or the hearing examiner
shall return, upon completion of his review, all such
documentation to the supervisor of the home education program.
The superintendent or hearing examiner may photocopy all or
portions of the documentation for his files.
(h) Such documentation required by subsection (e)(1) and
(2) shall be provided to the public school district of residence
superintendent at the conclusion of each public school year.
In addition, if the superintendent has a reasonable belief that,
at any time during the school year, appropriate education may
not be occurring in the home education program, he may, by
certified mail, return receipt requested, require documentation
pertaining to the portfolio of records and materials required
by subsection (e)(1) to be submitted to the district within
fifteen (15) days; and documentation pertaining to subsection
(e)(2) to be submitted to the district within thirty (30) days.
If the tests as required in subsection (e)(1) have not been
administered at the time of the receipt of the certified letter
by the supervisor, the supervisor shall submit the other
required documentation and shall submit the test results with
the documentation at the conclusion of the school year.
(i) If the superintendent of the public school district
determines, based on the documentation provided, at the end of
or during the school year, that appropriate education is not
taking place for the child in the home education program, the

superintendent shall send a letter by certified mail, return

receipt requested, to the supervisor of the home education
program stating that in his opinion appropriate education is
not taking place for the child in the home education program
and shall return all documentation, specifying what aspect or
aspects of the documentation are inadequate.
(j) Upon receipt of the certified letter required by
subsection (i), the supervisor of the home education program
shall have twenty (20) days to submit additional documentation
demonstrating that appropriate education is taking place for
the child in the home education program. If documentation is
not submitted within that time, the home education program for
the child shall be out of compliance with the requirements of
this section and section 1327, and the student shall be promptly
enrolled in the public school district of residence or a
nonpublic school or a licensed private academic school.
(k) If the superintendent determines that the additional
documentation submitted still does not demonstrate that
appropriate education is taking place in the home education
program, he shall so notify the supervisor of the home education
program by certified mail, return receipt requested, and the
board of school directors shall provide for a proper hearing
by a duly qualified and impartial hearing examiner within thirty
(30) days. The examiner shall render a decision within fifteen
(15) days of the hearing except that he may require the
establishment of a remedial education plan mutually agreed to
by the superintendent and supervisor of the home education
program which shall continue the home education program. The
decision of the examiner may be appealed by either the
supervisor of the home education program or the superintendent
to the Secretary of Education or Commonwealth Court.
(l) If the hearing examiner finds that the documentation
does not indicate that appropriate education is taking place
in the home education program, the home education program for
the child shall be out of compliance with the requirements of
this section and section 1327, and the student shall be promptly
enrolled in the public school district of residence or a
nonpublic school or a licensed private academic school.
(m) At such time as the child's home education program has
been determined to be out of compliance with the provisions of
this section and section 1327, the supervisor or spouse of the
supervisor of the home education program shall not be eligible
to supervise a home education program for that child, as
provided for in subsection (b)(1) of this section, for a period
of twelve (12) months from the date of such determination.
(1327.1 added Dec. 21, 1988, P.L.1321, No.169)
Section 1328. Compulsory Education of Physical
Defectives.--Every parent, guardian, or other person, having
control or charge of any child of compulsory school age who is
deaf or blind, or is so crippled, or whose hearing or vision
is so defective as to make it impracticable to have such child
educated in the public schools of the district in which he is
a resident, shall allow such child to be sent to some school
where proper provision is made for the education of the deaf,
or of the blind, or of crippled children, or shall provide for
the tuition of such child by a legally certified private tutor.
Section 1329. Excuses from Attending School.--(a) The board
of school directors of any school district may, upon
certification by any licensed practitioner of the healing arts
or upon any other satisfactory evidence being furnished to it,
showing that any child or children are prevented from attending
school, or from application to study, on account of any mental,

physical, or other urgent reasons, excuse such child or children

from attending school as required by the provisions of this
act, but the term "urgent reasons" shall be strictly construed
and shall not permit of irregular attendance. In every such
case, such action by the board of school directors shall not
be final until the approval of the Department of Education has
been obtained. Every principal or teacher in any public,
private, or other school may, for reasons enumerated above,
excuse any child for non-attendance during temporary periods.
(a.1) A school district may excuse a student from school
attendance to participate in an educational tour or trip not
sponsored by the school district consistent with State Board
of Education regulations.
(b) Pursuant to the requirements of 22 Pa. Code 11.41
(relating to school district policies and rules), the board of
school directors shall formally adopt, as part of its written
rules governing pupil absences and excusals, a policy permitting
a student to be excused for participation in a project sponsored
by an organization that is eligible to apply for a grant under
section 5(3) of the act of July 8, 1986 (P.L.437, No.92), known
as the "Pennsylvania Agricultural Fair Act."
(1329 amended Apr. 18, 2014, P.L.634, No.40)
Section 1330. Exceptions to Compulsory Attendance.--The
provisions of this act requiring regular attendance shall not
apply to any child who-(1) Has attained the age of sixteen (16) years, and who is
regularly engaged in any useful and lawful employment or service
during the time the public schools are in session, and who holds
an employment certificate issued according to law;
(2) Has been examined by an approved mental clinic or by a
person certified as a public school psychologist or
psychological examiner, and has been found to be unable to
profit from further public school attendance, and who has been
reported to the board of school directors and excused, in
accordance with regulations prescribed by the State Board of
Education. ((2) amended Oct. 21, 1965, P.L.601, No.312)
(3) Has attained the age of fifteen (15) years and is
engaged in farm work or domestic service in a private home on
a permit issued by the school board or the designated school
official of the school district of the child's residence, in
accordance with regulations which the Superintendent of Public
Instruction is hereby authorized to prescribe;
(4) Has attained the age of fourteen (14) years and is
engaged in farm work or domestic service in a private home on
a permit issued as provided in clause (3) of this section, and
who has satisfactorily completed, either in public or private
schools, the equivalent of the highest grade of the elementary
school organization prevailing in the public schools of the
district in which he resides, if the issuance of such a permit
has first been recommended by the district superintendent of
schools having supervision of the schools of the district where
such child resides, or by the principal of the private school
where such child is enrolled, and the reason therefor has been
approved by the Superintendent of Public Instruction; ((4)
amended Jan. 14, 1970, 1969 P.L.468, No.192)
(5) Except in districts of the fourth class and those of
the third class located wholly within the boundary lines of a
township, or within the boundary lines of a borough which has
a population of less than five hundred (500) inhabitants to the
square mile, resides two miles or more by the nearest public
highways from any public school in session and no proper free

transportation is furnished to such child to and from school.

((5) amended May 11, 1949, P.L.1195, No.361)
Section 1331. Free Transportation or Board and Lodging.--In
case there is no public school with the proper grades in session
within two miles by the shortest public highway of the residence
of any child in a school district of the fourth class, or in a
township which is a school district of the third class, or in
a borough which has a population of less than five hundred (500)
inhabitants to the square mile and which is a school district
of the third class, such child shall be furnished proper
transportation at the expense of the school district to and
from a school with the proper grades. When it is not feasible
to provide such transportation, the board of school directors
may, in lieu thereof, with the approval of the Department of
Public Instruction, pay for suitable board and lodging for any
such child.
(1331 amended May 11, 1949, P.L.1195, No.361)
Section 1332. Reports of Enrollments; Attendance and
Withdrawals; Public and Private Schools.--Every principal or
teacher in every public school, and every principal, teacher
or tutor in every school other than a public school, and in
every institution for children, and every private teacher in
every school district, shall, immediately after their admission
to such school or institution, or at the beginning of such
private teaching, furnish to the district superintendents,
attendance officers, home and school visitors, or secretaries
of the boards of school directors of the districts wherein the
parents or guardians of such children reside, lists of the names
and residences of all children between six (6) and eighteen
(18) years of age enrolled in such school or institution, or
taught by such private teachers; and shall further report at
once to such district superintendent, or secretary of the board
of school directors, the name and date of withdrawal of any
such pupil withdrawing from any such school or institution, or
from such private instruction, if such withdrawal occurs during
the period of compulsory attendance in said district. Every
principal or teacher in a school other than a public school,
and every private teacher, shall also report at once to the
superintendent, attendance officer, home and school visitor,
or secretary of the board of school directors of the district,
any such child who has been absent three (3) days, or their
equivalent, during the term of compulsory attendance, without
lawful excuse.
(1332 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1333. Penalties for Violation of Compulsory
Attendance Requirements.--(a) (1) Every parent, guardian, or
person in parental relation, having control or charge of any
child or children of compulsory school age, who shall fail to
comply with the provisions of this act regarding compulsory
attendance, shall on summary conviction thereof, be sentenced
to pay a fine, for the benefit of the school district in which
such offending person resides, not exceeding three hundred
dollars ($300) and to pay court costs or be sentenced to
complete a parenting education program offered and operated by
a local school district, medical institution or other community
resources, and, in default of the payment of such fine and costs
or completion of the parenting program by the person so
offending, shall be sentenced to the county jail for a period
not exceeding five (5) days. Any person sentenced to pay any
such fine may appeal to the court of common pleas of the proper
county, upon entering into a recognizance, with one or more
proper sureties, in double the amount of penalty and costs.

Before any proceedings are instituted against any parent,

guardian, or person in parental relation, for failure to comply
with the provisions of this act, the district superintendent,
attendance officer, or secretary of the board of school
directors, shall give the offending person three (3) days'
written notice of such violation. If, after such notice has
been given, the provisions of this act regarding compulsory
attendance are again violated by the persons so notified, at
any time during the term of compulsory attendance, such person,
so again offending, shall be liable under the provisions of
this section without further notice.
(2) The child and every parent, guardian or person in
parental relation must appear at a hearing established by the
district justice. If the parent, guardian or person in parental
relation charged with a summary offense under this subsection
shows that he or she took every reasonable step to insure
attendance of the child at school, he or she shall not be
convicted of the summary offense.
(3) Upon a summary conviction, the district justice may
suspend, in whole or in part, a sentence in which a parent,
guardian or person in parental relation is summoned to pay as
required under this section: Provided, That the child no longer
is habitually truant from school without justification.
(4) In lieu of or in addition to any other sentence imposed
under this section, the district justice may order the parent,
guardian or person in parental relation to perform community
service in the school district in which the offending child
resides for a period not to exceed six (6) months.
(b) (1) If the parent, guardian or person in parental
relation is not convicted of a summary offense because he or
she took every reasonable step to insure attendance of the child
at school, a child of compulsory school age who has attained
the age of thirteen (13) years and fails to comply with the
provisions of this act regarding compulsory attendance or who
is habitually truant from school without justification commits
a summary offense and except as provided in clause (4) shall,
upon conviction, be sentenced to pay a fine not exceeding three
hundred dollars ($300) for each offense for the benefit of the
school district in which such offending child resides or shall
be assigned to an adjudication alternative program pursuant to
42 Pa.C.S. 1520 (relating to adjudication alternative
program).
(2) For any child who has attained the age of thirteen (13)
years who fails to pay the fine under clause (1) or to comply
with the adjudication alternative program, the district justice
may allege the child to be dependent under 42 Pa.C.S.
6303(a)(1) (relating to scope of chapter). The failure by the
child to pay a fine or comply with the adjudication alternative
program shall not constitute a delinquent act under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters).
(3) Upon a summary conviction or assignment to an
adjudication alternative program, the district justice may
suspend, in whole or in part, a sentence or an adjudication
alternative program in which a child who has attained the age
of thirteen (13) years must pay or comply with the adjudication
alternative program: Provided, That the child no longer is
habitually truant from school without justification.
(4) Any child who has not attained the age of thirteen (13)
years who fails to comply with the compulsory attendance
provisions of this act and is habitually truant shall be
referred by the school district for services or possible
disposition as a dependent child as defined under 42 Pa.C.S.

6302 (relating to definitions). Any child who has attained the

age of thirteen (13) years who fails to comply with the
compulsory attendance provisions of this act and is habitually
truant may, in lieu of a prosecution under clause (1), be
referred by the school district for services or possible
disposition as a dependent child as defined under 42 Pa.C.S.
6302.
(5) The following words, when used in this subsection, shall
have the following meaning, except where the context clearly
indicates or requires a different meaning:
"Community resources" shall mean those agencies and services
for children and youth provided by the juvenile court, the
county, the Department of Health, the Department of Public
Welfare and other public or private institutions.
"District justice" shall mean such court as the court of
common pleas shall direct in counties not having district
justices.
"Habitually truant" shall mean absence for more than three
(3) school days or their equivalent following the first notice
of truancy given under section 1354. A person may be habitually
truant after such notice.
"Offense" shall mean each citation which goes before a
district justice or court of common pleas.
"Person in parental relation" shall not include any county
agency or person acting as an agent of the county agency in the
jurisdiction of a dependent child defined under 42 Pa.C.S.
6302 (relating to definitions).
(c) If a child is convicted for a violation of this section,
the court, including a court not of record, shall send to the
Department of Transportation a certified record of the
conviction or other disposition on a form prescribed by the
department.
(d) Nothing in this section shall be construed to apply to
a parent, guardian or person in parental relation whose child
or children are in a home education program under section
1327.1.
(1333 amended Nov. 17, 1995, 1st Sp.Sess., P.L.1110, No.29)
Section 1334. Children Lacking Clothing or Food.--Whenever
the board of school directors, or the attendance officer, home
and school visitor, superintendent, or secretary of any board
of school directors, ascertains that any child of compulsory
school age, who is by the provisions of this act required to
attend the public schools in the district over which such board
of school directors has control, is unable to do so, on account
of lack of necessary clothing or food, such case shall be
promptly reported to any suitable relief agency operating in
the school district, or, if there is no such suitable relief
agency to which the case can be referred, it shall be reported
to the proper county board of assistance for investigation and
relief.
(1334 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1335. Furnishing Food, Including Milk, to School
Children.--The directors in all school districts are hereby
authorized and empowered to furnish food, including milk, to
the under-nourished and poor school children attending the
schools within their districts at the expense of the school
district. The provisions of this section shall not be limited
or affected by the acceptance and distribution by school
directors of surplus commodities made available by the Federal
Government.
Section 1336. Furnishing Vitamin Products to Pupils.--(1336
repealed May 9, 1949, P.L.939, No.263)

Section 1337. Nonprofit School Food Program.--(a)

Definitions. For the purpose of this section--"school food
program" means a program under which food is served by any
school on a nonprofit basis to children in attendance, including
any such program under which a school receives assistance out
of funds appropriated by the Congress of the United States.
(b) Expenditure of Federal Funds. The Department of
Education is hereby authorized to accept and direct the
disbursement of funds appropriated by any act of Congress, and
apportioned to the State, for use in connection with school
food programs. The Department of Education shall deposit all
such funds received from the Federal Government in a special
account with the Treasurer of the State who shall make
disbursements therefrom upon the direction of the Department
of Education.
(c) Administration of Program. The Department of Education
may enter into such agreements with any agency of the Federal
Government, with any board of school directors, or with any
other agency or person prescribe such regulations, employ such
personnel, and take such other action as it may deem necessary
to provide for the establishment, maintenance, operation and
expansion of any school food program, and to direct the
disbursement of Federal and State funds in accordance with any
applicable provisions of Federal or State law. The Department
of Education may give technical advice and assistance to any
board of school directors in connection with the establishment
and operation of any school food program, and may assist in
training personnel engaged in the operation of such program.
The Department of Education, and any board of school directors,
may accept any gift for use in connection with any school food
program.
(d) Boards of School Directors. Pursuant to any power of
boards of school directors to operate or provide for the
operation of school food programs in schools under their
jurisdiction, boards of school directors may use therefore funds
disbursed to them under the provisions of this section, gifts
and other funds, received from sale of school food under such
programs.
(e) Accounts, Records, Reports and Operations. The
Department of Education shall prescribe regulations for the
keeping of accounts and records, and the making of reports by,
or under the supervision of boards of school directors. Such
accounts and records shall at all times be available for
inspection and audit by authorized officials, and shall be
preserved for such period of time, not in excess of five years,
as the Department of Education may lawfully prescribe. The
Department of Education shall conduct or cause to be conducted
such audits, inspections, and administrative reviews of
accounts, records, and operations with respect to school food
programs, as may be necessary to determine whether its
agreements with boards of school directors, and regulations
made pursuant to this section, are being complied with, and to
insure that school food programs are effectively administered.
(f) Studies, Appraisals and Reports to Governor. The
Department of Education is hereby authorized, to the extent
that funds are available for that purpose and in cooperation
with other appropriate agencies and organizations, to conduct
studies of methods of improving and expanding school food
programs and promoting nutritional education in the schools,
to conduct appraisals of the nutritive benefits of school food
programs and to report its findings and recommendations, from
time to time, to the Governor.

(1337 amended Dec. 6, 1972, P.L.1430, No.314)

Section 1337.1. School Lunch and Breakfast
Reimbursement.--(a) Schools that participate in the school
lunch program shall be reimbursed in the following manner:
(1) Subject to future adjustments under clause (2), each
school which offers the school lunch program shall receive a
reimbursement of no less than ten cents (10) per lunch served,
exclusive of any reimbursements under subsection (c).
(2) For the 2000-2001 school year and each school year
thereafter, reimbursements for the school lunch program shall
be fixed by regulation of the Department of Education: Provided,
That such reimbursements shall be no less than the amounts per
lunch served established by clause (1).
(b) Schools that participate in the school breakfast program
shall be reimbursed in the following manner:
(1) Subject to future adjustments under clause (2), each
school which offers the school breakfast program shall receive
a reimbursement of no less than ten cents (10) per breakfast
served.
(2) For the 2000-2001 school year and each school year
thereafter, reimbursements for the school breakfast program
shall be fixed by regulation of the Department of Education:
Provided, That such reimbursements shall be no less than the
amounts per breakfast served established by clause (1).
(c) Schools that participate in both the school lunch
program and the school breakfast program shall be provided with
the following incentive reimbursements:
(1) Subject to future adjustments under clause (3), each
school which offers both a school lunch program under subsection
(a) and a school breakfast program under subsection (b) which
serves less than or equal to twenty per centum (20%) of its
student enrollment shall receive an additional reimbursement
of two cents (2) per lunch served.
(2) Subject to future adjustments under clause (3), each
school which offers a school lunch program under subsection (a)
and a school breakfast program under subsection (b) which serves
more than twenty per centum (20%) of its student enrollment
shall receive an additional reimbursement of four cents (4)
per lunch served.
(3) For the 2000-2001 school year and each school year
thereafter, reimbursements for the school breakfast incentive
program shall be fixed by regulation of the Department of
Education: Provided, That such reimbursement shall be no less
than the amounts per lunch served established by clauses (1)
and (2).
(c.1) ((c.1) deleted by amendment)
(d) For the purposes of this section, the following terms
shall have the following meanings:
"School" shall have the same meaning as given to that term
in 7 CFR 210.2 (relating to definitions).
"School lunch program" shall have the same meaning as given
to the term "National School Lunch Program" in 7 CFR 210.2
(relating to definitions).
"School breakfast program" shall have the same meaning as
given to that term in 7 CFR Pt. 220 (relating to School
Breakfast Program).
(1337.1 amended June 30, 2012, P.L.684, No.82)
Section 1338. Dependent Children.--In case any child of
compulsory school age cannot be kept in school in compliance
with the provisions of this act, on account of incorrigibility,
truancy, insubordination, or other bad conduct, or if the
presence of any child attending school is detrimental to the

welfare of such school, on account of incorrigibility, truancy,

insubordination, or other bad conduct, the board of school
directors may, by its superintendent, secretary, attendance
officer or State, municipal, port authority, transit authority
or housing authority police officer, under such rules and
regulations as the board may adopt, proceed against said child
before the juvenile court, or otherwise, as is now or may
hereafter be provided by law for incorrigible, truant,
insubordinate, or dependent children.
(1338 amended Nov. 17, 1995, 1st Sp.Sess, P.L.1110, No.29)
Section 1338.1. Suspension of Operating Privilege.--(a) The
Department of Transportation shall suspend for 90 days the
operating privilege of any child upon receiving a certified
record that the child was convicted of violating section 1333.
If the department receives a second or subsequent conviction
for a child's violation of section 1333, the department shall
suspend the child's operating privilege for six months.
(b) Any child whose record is received by the department
under section 1333(c) and who does not have a driver's license
shall be ineligible to apply for a driver's license under 75
Pa.C.S. 1505 (relating to learners' permits) and 1507
(relating to application for driver's license or learner's
permit by minor) for the time periods specified in subsection
(a). If the child is under sixteen (16) years of age when
convicted, suspension of operating privileges shall commence
in accordance with 75 Pa.C.S. 1541 (relating to period of
revocation or suspension of operating privilege) for the time
specified in subsection (a).
(c) An insurer may not increase premiums, impose any
surcharge or rate penalty or make any driver record point
assignment for automobile insurance, nor shall an insurer cancel
or refuse to renew an automobile insurance policy on account
of a suspension under this section.
(1338.1 added Nov. 17, 1995, 1st Sp.Sess, P.L.1110, No.29)
Section 1338.2. Antitruancy Programs.--The Department of
Education shall formulate recommendations for the General
Assembly concerning the establishment and funding of effective
community-based antitruancy pilot programs. In formulating these
recommendations, the Department of Education shall seek advice
and counsel from educators, parents, students, district
attorneys, law enforcement representatives, attendance officers,
social service agencies experienced in providing services to
truant children, counselors, judges, probation officers and
representatives from the Pennsylvania Commission on Crime and
Delinquency and the Juvenile Court Judges' Commission.
(1338.2 added Nov. 17, 1995, 1st Sp.Sess., P.L.1110, No.29)
Section 1339. Reports to Superintendent of Public
Instruction.--Every school district shall report to the
Superintendent of Public Instruction upon the enforcement of
the provisions for compulsory attendance and the cost thereof,
in such detail as said Superintendent of Public Instruction
shall request.
(c)

Attendance Officers and Home and School

Visitors.
((c) amended May 9, 1949, P.L.939, No.263)

Section 1341. Duty to Employ; Power of Arrest;

Certification.--(a) The board of school directors of every
school district of the first, second, or third class, shall,
and in any school district of the fourth class may, employ one
or more persons to be known as attendance officers, or home and

school visitors, whose duties shall be to enforce the provisions

of this act regarding compulsory attendance. Such attendance
officers, or home and school visitors, shall, in addition to
the duties imposed upon them by the provisions of this act,
have full police power without warrant, and may arrest or
apprehend any child who fails to attend school in compliance
with the provisions of this act, or who is incorrigible,
insubordinate, or disorderly during attendance at school or on
his way to or from school. All home and school visitors shall
be legally certified as such by the Department of Education,
upon meeting such standards as shall be prescribed by the State
Board of Education.
(b) Any two or more school districts may join in the
appointment of an attendance officer on such terms as they may
mutually agree upon.
(c) State, municipal, port authority, transit authority,
housing authority and school police officers shall have the
same arrest powers as attendance officers or home and school
visitors.
(1341 amended Nov. 17, 1995, 1st Sp.Sess., P.L.1110, No.29)
Section 1342. Term of Employment; Compensation.--Attendance
officers or home and school visitors may be employed for the
full calendar year, and shall be paid such amounts and in such
manner as the board of school directors appointing them may
decide. They shall at all times perform the duties of their
appointment under the direction of the board of school directors
appointing them.
In districts of the first class the minimum salaries of
attendance officers and home and school visitors in elementary
schools shall be: Minimum annual salary, one thousand two
hundred dollars ($1200); minimum annual increment, one hundred
dollars ($100); minimum number of increments, ten (10). No
school district of the first class shall, reduce the
compensation of any attendance officer below that paid on the
second day of July, one thousand nine hundred thirty-seven.
Section 1343. Arrest of Children Failing to Attend
School.--When an attendance officer or a State, municipal, port
authority, transit authority , housing authority or school
police officer arrests or apprehends any child who fails to
attend school as required by the provisions of this act, he
shall promptly notify the parents, guardian, or person in
parental relation to such child, if such person can be found
in the district, and unless requested by such parent, guardian,
or person in parental relation to place said child in a school
other than public school, he shall place said child in the
public school in which the child is, or should be, enrolled.
(1343 amended Nov. 17, 1995, 1st Sp.Sess., P.L.1110, No.29)
Section 1344. Inspecting Places Where Children are
Employed.--Attendance officers shall have full power and
authority to enter, during business hours, any place where any
children are employed, to ascertain whether or not any child
is engaged therein that should attend school as herein provided,
and such attendance officer shall have the right to demand and
inspect the employment certificate of any child engaged therein.
Section 1345. Penalty for Interfering with Inspections.--Any
officer, director, superintendent, manager, employe, or other
person, at any place where any child of compulsory school age
is engaged, who refuses to permit, or in any way interferes
with, the entrance therein of the attendance officer, any member
of the board of school directors, the secretary thereof, or the
district superintendent of any school district, as provided for
in this act, shall, on summary conviction thereof, be sentenced

to pay a fine of not less than five dollars ($5) or more than
twenty-five dollars ($25), and in default thereof he may be
sentenced to imprisonment not exceeding thirty (30) days. Any
person sentenced to pay any such fine may, upon giving proper
surety in double the amount of penalty and costs, at any time
within five (5) days thereafter, appeal to the court of quarter
sessions of the proper county.
(1345 amended Jan. 14, 1970, 1969 P.L.468, No.192)
(d)

Enumeration of School Children.

Section 1351. Duty to Make; Penalty for Interfering.--The

board of school directors of each school district shall maintain
a continuing school census or in lieu thereof shall, between
March first and September first of each year, cause to be made
by the attendance officers, teachers, or other persons employed
for this purpose, a careful, correct, and accurate enumeration
of all the children from birth to eighteen (18) years of age
within their district, giving the full name, date of birth,
age, sex, nationality, place of residence in such school
district, name and address of parent or persons in parental
relation, the name and location of the school where the child
is enrolled or belongs, and the name and address of the employer
of any child under eighteen (18) years of age who is engaged
in any regular employment or service. In school districts of
the first class, where the bureau of vital statistics of the
city comprising the school district can supply the district
with the number of live births during each year, the school
district may limit its enumeration to children between the ages
of five (5) and eighteen (18) years of age. Such enumeration
shall be made by careful inquiry at the residence of each family
in the district, or by such other reliable means as will
accomplish a complete and correct collection of information as
specified herein concerning each child. The person making such
enumeration, upon completion thereof, shall make a proper oath
or affirmation as to its correctness. Such enumeration shall
also include the names and addresses of all persons, firms, or
corporations, employing or accepting service from children under
eighteen (18) years of age. The board of school directors in
any school district shall have authority to cause to be made
an enumeration of all minors residing within the district, and
the Secretary of Education may, at his discretion, require such
enumeration.
If any person shall hinder or prevent, or attempt to hinder
or prevent, any attendance officer or teacher, or other person,
from performing any duty provided for in this section, he shall,
on summary conviction thereof, be sentenced to pay a fine not
exceeding five dollars ($5), or to undergo an imprisonment not
exceeding five (5) days.
(1351 amended July 22, 1970, P.L.557, No.192)
Section 1352. List of Names for Schools; Statistics for
Superintendent of Public Instruction.--The secretary of each
board of school directors, or such other person as is directed
by the board, shall, at or before the opening of the school
term, furnish to the principal or teacher of each school a
correct list of the names and residences of all children,
assigned to such school, who are subject to the provisions of
this act. The secretary or other person shall also forward, on
or before the first day of October of each year, to the county
or district superintendent, to be by him forwarded, on or before
the first day of November of each year, to the Superintendent
of Public Instruction, a summary of such statistics regarding

the children in each district, as is required by the

Superintendent of Public Instruction, on blanks provided by him
for that purpose.
Section 1353. Cost of Enumeration; Additional Names and
Information.--The cost and expense of making a proper
enumeration of the children of each school district, as herein
provided, shall be paid per diem, or by the name, or in such
other manner as the board of school directors may deem proper,
out of the funds of the district. The attendance officer, the
district superintendent, or the secretary of the board of school
directors, shall have the power to add to this enumeration the
names of any children whose names do not appear thereon,
together with other information required by this act.
(1353 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1354. Report of Children not Enrolling, or
Withdrawing, or Being Illegally Absent.--It shall be the duty
of every principal or teacher of a public school to report
immediately to the attendance officer, district superintendent,
or secretary of the board of school directors, the names of all
children in the list furnished to him who have not appeared for
enrollment, and he shall also properly report, from time to
time, to the attendance officer, district superintendent, or
secretary of the board of school directors, the names of all
children who having enrolled have subsequently withdrawn from
school, or who have been absent three (3) days, or their
equivalent, without lawful excuse. Such person shall thereupon
serve upon the parent, guardian, or other person in parental
relation to such children unlawfully absent from school, the
written notice hereinbefore provided, and if it shall appear
that, within three (3) days thereafter, any child, parent,
guardian, or other person in parental relation shall have failed
to comply with the provisions of this act, the superintendent,
attendance officer, or secretary of the board of school
directors, in the name of the school district, shall proceed
against the person so offending, in accordance with the
provisions of this act.
(1354 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1355. Penalty for Failure to Comply.--Any district
superintendent, secretary of the board of school directors,
attendance officer, or teacher of any public or private school,
or any private teacher, or any principal or teacher in any
institution for children, who wilfully refuses or neglects to
comply with the provisions of this act, shall be liable for and
pay a penalty, for the use of the school district, not exceeding
twenty-five dollars ($25) and costs, and, in default of payment
thereof, may be committed to the county jail for a period not
exceeding thirty (30) days. Such penalty may be recovered by,
and in the name of, any school district, as like penalties are
now collected by law. Any such superintendent, secretary,
attendance officer, or teacher, upon whom a fine is imposed,
may, at any time within five (5) days thereafter, appeal to the
court of quarter sessions in the proper county, on furnishing
proper bail, with one (1) surety, in double the amount of such
penalty and costs.
(1355 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1356. Costs of Proceeding for Noncompliance.--If,
at any time after proceedings have been instituted against any
person under the provisions of this act, sufficient cause is
shown by such offending person for noncompliance with its
requirements, or, if the cost of such proceedings cannot be
collected from such offending person, such costs may be paid

out of the district funds, upon proper voucher approved by the

board of school directors.
Section 1357. Withholding State Appropriation.--The
Superintendent of Public Instruction upon due hearing, after
two (2) weeks' written notice to the board of school directors
affected, may withhold and declare forfeited any part, or all,
of the State appropriation of any school district which refuses
or neglects to comply with and to enforce the provisions of
this article in the manner satisfactory to him.
(e)

Transportation of Pupils.

Section 1361. When Provided.--(1) The board of school

directors in any school district may, out of the funds of the
district, provide for the free transportation of any resident
pupil to and from the kindergarten, elementary school, or
secondary school in which he is lawfully enrolled, provided
that such school is not operated for profit and is located
within the district boundaries or outside the district
boundaries at a distance not exceeding ten miles by the nearest
public highway, except that such ten-mile limit shall not apply
to area vocational technical schools which regularly serve
eligible district pupils or to special schools and classes
approved by the Department of Education, and to and from any
points within or without the Commonwealth in order to provide
field trips for any purpose connected with the educational
pursuits of the pupils. When provision is made by a board of
school directors for the transportation of public school pupils
to and from such schools or to and from any points within or
without the Commonwealth in order to provide field trips as
herein provided, the board of school directors shall also make
identical provision for the free transportation of pupils who
regularly attend nonpublic kindergarten, elementary and high
schools not operated for profit to and from such schools or to
and from any points within or without the Commonwealth in order
to provide field trips as herein provided. Such transportation
of pupils attending nonpublic schools shall be provided during
regular school hours on such dates and periods that the
nonpublic school not operated for profit is in regular session,
according to the school calendar officially adopted by the
directors of the same in accordance with provisions of law. The
board of school directors shall provide such transportation
whenever so required by any of the provisions of this act or
of any other act of Assembly.
(2) The board of school directors in any school district
may, if the board deems it to the best interest of the school
district, for the purposes of transporting pupils as required
or authorized by any of the provisions of this act or of any
other act of the Assembly, appropriate funds for urban common
carrier mass transportation purposes from current revenues to
urban common carrier mass transportation authorities to assist
the authorities to meet costs of operation, maintenance, capital
improvements, and debt service. Said contributions shall not
be subject to reimbursement by the Commonwealth of Pennsylvania.
(3) The State Board of Education shall adopt regulations,
including qualifications of school bus drivers, to govern the
transportation of school pupils.
(1361 amended May 11, 1979, P.L.26, No.7)
Section 1362. Kinds of Transportation; Liability
Insurance.--The free transportation of pupils, as required or
authorized by this act, or any other act, may be furnished by
using either school conveyances, private conveyances, or

electric railways, or other common carriers, when the total

distance which any pupil must travel by the public highway to
or from school, in addition to such transportation, does not
exceed one and one-half (1 1/2) miles, and when stations or
other proper shelters are provided for the use of such pupils
where needed, and when the highway, road, or traffic conditions
are not such that walking constitutes a hazard to the safety
of the child, as so certified by the Department of
Transportation. The Department of Transportation shall take
into account the presence of sidewalks along the highway, but
such presence or lack thereof shall not be controlling and the
department shall consider all relevant safety factors in making
its determination as to whether or not walking constitutes a
hazard to pupils. All private motor vehicles employed in
transporting pupils for hire shall be adequately covered by
public liability insurance in such amount as the board of school
directors shall require.
(1362 amended Nov. 20, 1979, P.L.465, No.97)
Section 1363. Standards for Vehicles.--(1363 repealed Dec.
9, 1969, P.L.343, No.149 and Dec. 18, 1969, P.L.388, No.170)
Section 1364. Transportation in Districts Under Direction
of County Superintendent.--(1364 repealed Jan. 14, 1970, 1969
P.L.468, No.192)
Section 1365. Extra Compensation for Transporting Pupils
Unlawful; School Bus Driver Employment Applications.--(a) It
shall be unlawful for any driver or owner of a vehicle
transporting pupils under a contract with a school district,
or for any member of or board of school directors, to demand,
request, or accept any compensation for transporting pupils,
other than the compensation stipulated in the contract filed
with and approved by the Department of Public Instruction.
(b) Every application for the position of school bus driver
shall be made on a standard form to be prescribed and furnished
by the Bureau of Traffic Safety in the Department of Revenue
and filed with such bureau. Such application form shall include
questions concerning the applicant's conviction for the
commission of crimes. No position of school bus driver shall
be filled unless and until such application is made and filed
with such bureau.
(1365 amended Dec. 18, 1969, P.L.388, No.170)
Section 1366. Computation of Distances.--Where, by the terms
of this act, or any other act, any distance is specified between
the residence of any pupil and any public school to be attended
by him, or any transportation is provided for within or beyond
any particular distance, in computing such distance no allowance
shall be made for the distance that the dwelling house of the
pupil is situated off the public highway. All such distances
shall be computed by the public highway from the nearest point
where a private way or private road connects the dwelling house
of the pupil with the highway to the nearest point where said
highway touches the school grounds of the school to which the
pupil has been assigned.
Section 1367. Board and Lodging in Lieu of
Transportation.--Whenever the board of school directors in any
fourth class district or any district of the third class which
is in a township agrees to or is required to provide
transportation for any pupils, such board of school directors
may, upon petition of the parent, guardian, or person in
parental relation to any of said pupils, in lieu of providing
such transportation, pay for suitable board and lodging for
such pupils, if such board and lodging is secured in the home

of a near relative of the pupil or in a proper school or home

approved by the person making the petition.
(f) Exceptional Children.
((f) amended Sept. 12, 1961, P.L.1245, No.546)
Section 1371. Definition of Children with Exceptionalities;
Reports; Examination.--(1) The term "children with
exceptionalities" shall mean children of school age who have a
disability or who are gifted and who, by reason thereof, need
specially designed instruction.
(2) It shall be the duty of the district superintendent,
in every school district in accordance with rules of procedure
prescribed by the Secretary of Education, to secure information
and report to the Department of Education, on or before the
fifteenth day of October of each year, and thereafter as cases
arise, every child with exceptionalities within said district.
A report shall be made to the Department of Education of all
children determined to need special education services or
programs consistent with chapter 14 of State Board of Education
Regulations, as well as chapter 342 of Department Standards.
(1371 amended June 30, 1995, P.L.220, No.26)
Section 1372. Exceptional Children; Education and
Training.--(1) Standards for Proper Education and Training of
Exceptional Children. The State Board of Education shall adopt
and prescribe standards and regulations for the proper education
and training of all exceptional children by school districts
or counties singly or jointly. The Department of Public
Instruction shall have power, and it shall be its duty, to
determine the counties which shall be joined for the purpose
of providing proper education and training of exceptional
children. Standards and regulations shall recognize such factors
as number of exceptional children, types of handicaps, facility
of transportation, adequacy of existing provisions for
exceptional children, and availability of school plant
facilities.
(1.1) Revision of Standards for Education and Training of
Exceptional Children. During the school year 1989-1990 the
following provisions shall apply to the State Board of
Education:
(i) Not later than March 1, 1990, the State Board of
Education shall adopt revised Chapter 13 Special Education
regulations and approve revised 22 Pa. Code Ch. 341 department
standards for the education and training of exceptional
children, and such revised regulations and standards shall be
effective beginning with the school year and fiscal year
1990-1991. Such revised regulations and standards shall, at a
minimum, provide measures as may be necessary to assure fiscal
accountability, prudent management, appropriate education
support services and special classes to meet the needs of
pupils, and assurance of continued service to children receiving
special education instruction and services on the effective
date of such revised regulations and standards, including a
requirement that no changes in such instruction or service be
made unless through changes in the child's Individualized
Education Program.
(ii) Due to the urgent need for an expedited but public
regulatory process, the State Board of Education, in adopting
such revised regulations and approving such revised department
standards, shall follow the procedures set forth in this
subsection.

(A) The State Board of Education shall conduct such public

hearings and receive such testimony as it deems appropriate,
provided, however, that the State Board of Education conduct
at least three public hearings prior to the final adoption of
such revised regulations and approval of such revised department
standards. Not later than November 10, 1989, at the time the
State Board of Education announces its intention to adopt such
revised regulations and to approve such revised department
standards, it shall announce its intention pursuant to the
provisions of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law, and shall
transmit copies of such proposed regulations and standards to
the chairmen of the standing Committees on Education of the
Senate and House of Representatives to permit those committees
thirty (30) days to review and comment upon such proposed
regulations and standards. At the time the State Board finally
adopts such final form regulations and approves such revised
department standards, it shall transmit copies of such
regulations and standards to the chairmen of the standing
Committees on Education of the Senate and House of
Representatives and the Independent Regulatory Review
Commission. The final form regulations and revised department
standards shall be subject to review in accordance with the
procedures set forth in the act of June 25, 1982 (P.L.633,
No.181), known as the "Regulatory Review Act," for proposed
final regulations. Other than as herein provided, regulations
adopted pursuant to this paragraph shall not be subject to
review under the "Regulatory Review Act."
(B) The State Board of Education may transmit to the
Governor and the Secretary of Education recommendations, if
any, for changes in statutes.
(iii) The Department of Education shall require the
submission of appropriate program and fiscal data from the
school districts and intermediate units in order to assist in
the development of regulations and proposed program standards.
Each school district and intermediate unit shall provide such
data at such time and in such form as the department may
require.
((1.1) added July 8, 1989, P.L.253, No.43)
(2) Plans for Education and Training Exceptional Children.
Each intermediate unit, cooperatively with other intermediate
units and with school districts shall prepare and submit to the
Superintendent of Public Instruction, on or before the first
day of August, one thousand nine hundred seventy for his
approval or disapproval, plans for the proper education and
training of all exceptional children in accordance with the
standards and regulations adopted by the State Board of
Education. Plans as provided for in this section shall be
subject to revision from time to time as conditions warrant,
subject to the approval of the Superintendent of Public
Instruction.
(3) Special Classes or Schools Established and Maintained
by School Districts. Except as herein otherwise provided, it
shall be the duty of the board of school directors of every
school district to provide and maintain, or to jointly provide
and maintain with neighboring districts, special classes or
schools in accordance with the approved plan. The Secretary of
Education shall superintend the organization of such special
classes and such other arrangements for special education and
shall enforce the provisions of this act relating thereto. If
the approved plan indicates that it is not feasible to form a
special class in any district or to provide such education for

any such child in the public schools of the district, the board
of school directors of the district shall secure such proper
education and training outside the public schools of the
district or in special institutions, or by providing for
teaching the child in his home, in accordance with rules and
regulations prescribed by the Department of Education, on terms
and conditions not inconsistent with the terms of this act or
of any other act then in force applicable to such children.
However, the institution of special classes and programs at the
secondary level for exceptional children who are gifted and
talented students may be deferred until September 1978 at the
discretion of the board of the school directors of any school
district.
In addition to the above and in accordance with rules and
regulations prescribed by the Department of Education, homebound
instruction shall be provided for children confined in detention
homes as provided in section 7, act of June 2, 1933 (P.L.1433,
No.311), as amended, for the period of their confinement, if
their confinement exceeds or is expected to exceed ten days,
even though such children are not exceptional.
((3) amended Aug. 24, 1977, P.L.199, No.59)
(4) Classes for Exceptional Children. The intermediate unit
shall have power, and it shall be its duty, to provide,
maintain, administer, supervise and operate such additional
classes or schools as are necessary or to otherwise provide for
the proper education and training for all exceptional children
who are not enrolled in classes or schools maintained and
operated by school districts or who are not otherwise provided
for.
(5) Day-Care Training Centers, Classes and Schools for the
Proper Education and Training of Exceptional Children. Where
in the judgment of the Superintendent of Public Instruction,
the provisions of this act relating to the proper education and
training of exceptional children have not been complied with
or the needs of exceptional children are not being adequately
served, the Department of Public Instruction is hereby
authorized to provide, including the payment of rental when
necessary, maintain, administer, supervise and operate classes
and schools for the proper education and training of exceptional
children. Pupil eligibility for enrollment in classes for
exceptional children shall be determined according to standards
and regulations promulgated by the State Board of Education.
For each child enrolled in any special class or school for
exceptional children operated by the Department of Public
Instruction, the school district in which the child is resident
shall pay to the Commonwealth, a sum equal to the "tuition
charge per elementary pupil" or the "tuition charge per high
school pupil" as determined for the schools operated by the
district or by a joint board of which the district is a member,
based upon the costs of the preceding school term as provided
for in section two thousand five hundred sixty-one of the act
to which this is an amendment plus a sum equal to ten (10) per
centum of such tuition charges. In the event that any school
district has not established such "tuition charge per elementary
pupil" or "tuition charge per high school pupil," the
Superintendent of Public Instruction shall fix a reasonable
charge for such district for the year in question. In order to
facilitate such payments by the several school districts, the
Superintendent of Public Instruction shall withhold from any
moneys due to such district out of any State appropriation,
except from reimbursement due on account of rentals as provided
in section two thousand five hundred eleven point one of the

act to which this is an amendment, the amounts due by such

school districts to the Commonwealth. All amounts so withheld
are hereby specifically appropriated to the Department of Public
Instruction for the maintenance and administration of centers
and classes for exceptional children.
(6) Pupils Credited to District of Residence. The average
daily membership of pupils enrolled in classes and schools for
exceptional children, operated by an intermediate unit or by
the Department of Public Instruction, shall be credited to the
school district of residence for the purpose of determining the
district's "teaching units" to be used in calculating the
district's reimbursement fractions or weighted average daily
membership to be used in calculating a district's aid ratio and
in determining payments to the district on account of
instruction as provided in section two thousand five hundred
two of the act to which this is an amendment.
(7) ((7) deleted by amendment May 10, 2000, P.L.44, No.16)
(8) Reporting of Expenditures Relating to Exceptional
Students. By December 31, 2000, and each year thereafter, each
school district shall compile information listing the number
of students with disabilities for which expenditures are between
twenty-five thousand dollars ($25,000) and fifty thousand
dollars ($50,000), between fifty thousand dollars ($50,000) and
seventy-five thousand dollars ($75,000) and over seventy-five
thousand dollars ($75,000) for the prior school year. The
information shall be submitted to the department in a form
prescribed by the department. By February 1, 2001, and each
year thereafter, the department shall submit to the chairman
and minority chairman of the Education and Appropriations
Committees of the Senate and the chairman and minority chairman
of the Education and Appropriations Committees of the House of
Representatives a report listing this information by school
district. ((8) added May 10, 2000, P.L.44, No.16)
(1372 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1372.1. Speech and Hearing Rehabilitation
Centers.--(1372.1 added Jan. 14, 1952, 1951 P.L.1867, No.506
and repealed Sept. 1, 1959, P.L.795, No.293)
Section 1372.1. Day Care Training Centers for the Proper
Training of Mentally Handicapped Children.--(1372.1 added Apr.
14, 1952, 1951 P.L.1925, No.531 and repealed Mar. 29, 1955,
P.L.1356, No.429)
Section 1373. State Reimbursement; Reports.--School
districts maintaining special classes in the public schools or
special public schools or providing special education, as
specified in this subdivision of this article, shall receive
reimbursement, as provided by this act, so long as such classes,
such schools, and such special education are approved by the
Department of Public Instruction as to location, constitution
and size of classes, conditions of admission and discharge of
pupils, equipment, courses of study, methods of instruction and
qualification of teachers.
On or before the first day of November of each year, the
secretary of the board of school directors in each district in
which special education for exceptional children is provided
shall make such reports as may be required by the Department
of Public Instruction, in regard to such special education being
maintained for the current school year for which approval is
desired.
(1373 amended Oct. 21, 1965, P.L.601, No.312)
Section 1373.1. Readers; Helpers; Guides; Aids; Appliances;
Etc.; Reimbursement.--(1373.1 repealed Aug. 5, 1991, P.L.219,
No.25)

Section 1374. Free Transportation or Board and Lodging.--Any

exceptional child, who is regularly enrolled in a special class
that is approved by the Department of Education, or who is
enrolled in a regular class in which approved educational
provisions are made for him, may be furnished with free
transportation by the school district. When it is not feasible
to provide such transportation the board of school directors
may in lieu thereof pay for suitable board and lodging for any
such child. If free transportation or board and lodging is not
furnished for any exceptional child or any eligible young child
as defined in the act of December 19, 1990 (P.L.1372, No.212),
known as the "Early Intervention Services System Act," who, by
reason thereof, is unable to attend the class or center for
which he is qualified, the intermediate unit shall provide the
transportation necessary.
(1374 amended June 7, 1993, P.L.49, No.16)
Section 1375. Uneducable Children Provided for by Department
of Public Welfare.--The State Board of Education shall establish
standards for temporary or permanent exclusion from the public
school of children who are found to be uneducable and
untrainable in the public schools. Any child who is reported
by a person who is certified as a public school psychologist
as being uneducable and untrainable in the public schools, may
be reported by the board of school directors to the
Superintendent of Public Instruction and when approved by him,
in accordance with the standards of the State Board of
Education, shall be certified to the Department of Public
Welfare as a child who is uneducable and untrainable in the
public schools. When a child is thus certified, the public
schools shall be relieved of the obligation of providing
education or training for such child. The Department of Public
Welfare shall thereupon arrange for the care, training and
supervision of such child in a manner not inconsistent with the
laws governing mentally defective individuals.
(1375 amended Oct. 21, 1965, P.L.601, No.312)
Section 1376. Cost of Tuition and Maintenance of Certain
Exceptional Children in Approved Institutions.--(a) When any
child between school entry age and twenty-one (21) years of age
and resident in this Commonwealth, who is blind or deaf, or has
cerebral palsy and/or neurological impairment and/or muscular
dystrophy and/or is mentally retarded and/or has a serious
emotional disturbance and/or has autism/pervasive developmental
disorder and is enrolled, with the approval of the Department
of Education, as a pupil in an approved private school approved
by the Department of Education, in accordance with standards
and regulations promulgated by the State Board of Education,
the school district in which such child is resident or, for
students placed by a charter school, the charter school in which
the student was enrolled shall pay the greater of either twenty
per centum (20%) of the actual audited cost of tuition and
maintenance of such child in such school, as determined by the
Department of Education, or its "tuition charge per elementary
pupil" or its "tuition charge per high school pupil," as
calculated pursuant to section 2561, and the Commonwealth shall
pay, out of funds appropriated to the department for special
education, the balance due for the costs of such child's tuition
and maintenance, as determined by the department. For the school
years 1989-1990, 1990-1991 and 1991-1992, the school district
payment shall be no greater than forty percent (40%) of the
actual audited costs of tuition and maintenance of such child
in such school. For the 1992-1993 school year through the
2003-2004 school year, the school district or charter school

payment shall be the greater of forty percent (40%) of the

actual audited costs of tuition and maintenance of such child
in such school, as determined by the Department of Education,
or its "tuition charge per elementary pupil" or its "tuition
charge per high school pupil," as calculated pursuant to section
2561, and the Commonwealth shall pay, out of funds appropriated
to the department for approved private schools, the balance due
for the costs of such child's tuition and maintenance, as
determined by the department. For the 2004-2005 school year and
each school year thereafter, the school district or charter
school payment shall be the greater of forty percent (40%) of
the approved tuition rate as established pursuant to subsection
(c.3) or (c.5) or the school district or charter school's
"tuition charges per elementary pupil" or "tuition charges per
secondary pupil" as calculated under section 2561, and the
Commonwealth shall pay out of funds appropriated to the
department for approved private schools the balance of the
approved tuition rate due for the cost of such child's tuition
and maintenance. The department will credit the district of
residence with average daily membership for such child
consistent with the rules of procedure developed in accordance
with section 2501. If the residence of such child in a
particular school district cannot be determined, the
Commonwealth shall pay the whole cost of tuition and maintenance
of such child as established under subsection (c.3) or (c.5).
(a.1) For the 2004-2005 school year, the following shall
apply:
(1) The Department of Education shall determine the payment
amount for each approved private school for all students
enrolled in an approved private school for the 2003-2004 school
year based on the average of:
(i) The preliminary budget submitted to the Department of
Education by the approved private school for the 2004-2005
school year.
(ii) The midyear budget submitted to the Department of
Education by the approved private school for the 2003-2004
school year.
(iii) The audit issued by the Governor's Office of the
Budget for the 2002-2003 school year, excluding questioned
costs.
(2) Where the 2002-2003 audit is not available, the
Department of Education shall use the claim form submitted to
it by the approved private school for the 2002-2003 school year.
In the event that an approved private school has not submitted
a claim form for the 2002-2003 school year, the Department of
Education shall use the audit or, where the audit is not
available, the claim form for the 2001-2002 school year.
(3) For the purposes of determining the payment under
paragraph (1) for an approved private school that was not in
operation for the 2002-2003 school year, the Department of
Education shall utilize the approved private school's
preliminary budget for the 2004-2005 school year instead of the
audit identified under paragraph (1)(iii).
(4) No later than August 10, 2004, the Department of
Education shall notify each school district of residence or
charter school of a child enrolled in an approved private school
of its payment amount under subsection (a).
(5) The Department of Education shall pay each approved
private school the total amount calculated pursuant to this
subsection divided into twelve (12) monthly payments. The
Department of Education shall withhold the school district or
charter school payment amount calculated under subsection (a)

from the amount of any and all State payments made to the school
district or charter school. In no event shall the sum of the
Commonwealth's share of payments to approved private schools
under this subsection exceed the appropriation for approved
private schools.
(a.2) For the 2005-2006 school year and each school year
thereafter, the Department of Education shall determine the
payment amount for each approved private school for all students
enrolled in an approved private school for the prior school
year as follows:
(1) (i) Multiply the payment determined for the immediate
preceding school year by one hundred and twenty-five percent
(125%) of the percentage increase in the appropriation for
special education for the fiscal year prior to the fiscal year
in which payments under this subsection are made.
(ii) Add the product from subparagraph (i) to the payment
determined for the immediate preceding school year.
(2) No later than May 10, 2005, and no later than May 10
of each year thereafter, the Department of Education shall
notify each school district of residence or charter school of
a child enrolled in an approved private school of its payment
amount under subsection (a).
(3) The Department of Education shall pay each approved
private school the total amount calculated pursuant to this
subsection divided into twelve (12) monthly payments. The
Department of Education shall withhold the school district or
charter school payment amount calculated under subsection (a)
from the amount of any and all State payments made to the school
district or charter school. In no event shall the sum of the
Commonwealth's share of payments to approved private schools
under this subsection exceed the appropriation for approved
private schools.
(b) When any person less than school entry age or more than
twenty-one (21) years of age and resident in this Commonwealth,
who is blind or deaf, or has cerebral palsy and/or has
neurological impairment and/or has muscular dystrophy, or has
autism/pervasive developmental delay, and is enrolled, with the
approval of the Department of Education, as a pupil in an
approved private school approved by the Department of Education,
the Commonwealth shall pay to such school the approved tuition
rate for such child's tuition and maintenance, and in addition,
in the case of any child less than school entry age, who is
blind, the cost, as determined by the Department of Education
of instructing the parent of such blind child in caring for
such child.
(b.1) ((b.1) deleted by amendment)
(c.1) ((c.1) deleted by amendment June 30, 2011, P.L.112,
No.24)
(c.2) (intro. par. deleted by amendment)
(1) ((1) deleted by amendment)
(2) ((2) deleted by amendment)
(3) ((3) deleted by amendment)
(4) Beginning with the 2004-2005 school year and each school
year thereafter, each approved private school shall maintain
an accounting and bookkeeping system and be subject to audit
as provided in standards promulgated by the Department of
Education. Such standards shall require that each approved
private school submit an audit to the Department of Education
by November 1 of each year. Such audit shall be conducted in
accordance with generally accepted accounting standards by an
independent certified public accountant. Such standards shall
include a definition of administrative costs, which costs shall

not exceed ten percent (10%) of each approved private school's

total costs.
(5) (i) Where the amount of an approved private school's
reportable costs in the 2004-2005 fiscal year is less than the
amount of revenues received by the approved private school for
the 2004-2005 fiscal year from the Commonwealth for the
provision of educational services to children who have been
approved by the Department of Education, the difference may be
retained by the approved private school for use in the 2005-2006
fiscal year.
(ii) Beginning in the 2005-2006 fiscal year, where the
amount of reportable costs in a fiscal year is less than the
amount of revenues received in that fiscal year by the approved
private school from the Commonwealth for the provision of
educational services to children who have been approved by the
Department of Education, the approved private school shall remit
the difference to the Commonwealth. Any such funds shall be
deposited in the Audit Resolution Fund for the resolution of
previous audits.
(6) Audits of cost reports submitted for school years prior
to the 2004-2005 school year shall be completed in a manner
consistent with prior audit practices. An approved private
school may submit an audit for the 2003-2004 school year
prepared by an independent certified public accountant provided
the following have occurred:
(i) The Department of Education has failed to process and
settle the cost reports within twelve (12) months from
submission by the approved private school.
(ii) The Department of Education has failed to settle any
appeals or postsettlement resolution within fifteen (15) months
from submission by the approved private school.
(iii) The approved private school has responded to
reasonable requests for information and documents by the
Department of Education.
Upon receipt of the independent audit for the 2003-2004 school
year, the Department of Education shall have three (3) months
to review the audit and settle any outstanding payments due to
or from the approved private school.
((c.2) amended July 13, 2005, P.L.226, No.46)
(c.3) For payments made during the 2004-2005 school year,
the Department of Education shall establish an approved tuition
rate for each approved private school by dividing the amount
calculated under subsection (a.1) by the full-time equivalent
enrollment for the approved private school for the 2003-2004
school year. This calculation shall be adjusted for residential
and non-residential students. The approved tuition rate
multiplied by the full-time equivalent enrollment shall not
exceed the amount calculated under subsection (a.1).
(c.4) Beginning August 15, 2004, and no later than August
15 of each year thereafter, each approved private school shall
submit budget information for the current school year on forms
and in a manner determined by the Department of Education. The
budget information shall include a proposed tuition rate or
rates and projected full-time equivalent enrollment for the
current year. An approved private school may submit separate
proposed tuition rates for up to three levels of services and
for day and residential students, pursuant to the guidelines
established under subsection (c.7).
(c.5) For payments made during the 2005-2006 school year
and each school year thereafter, beginning January 15, 2005,
and no later than January 15 of each year thereafter, the
Department of Education shall establish an approved tuition

rate or rates and full-time equivalent enrollment for each

approved private school for the current school year. Where an
approved private school has submitted one tuition rate, the
approved tuition rate shall be determined by dividing the amount
calculated under subsection (a.2) by the full-time equivalent
enrollment for the approved private school for the prior school
year. Where an approved private school has submitted more than
one tuition rate, the sum of the products of each approved
tuition rate and corresponding full-time equivalent enrollment
for the approved private school for the prior school year shall
equal the amount calculated under subsection (a.2). An approved
private school may enroll students in excess of the approved
full-time equivalent enrollment. Where an approved private
school enrolls students in excess of the approved full-time
equivalent enrollment, it must show a corresponding decrease
in its approved tuition rate.
(c.6) No later than May 1, 2005, and May 1 of each school
year thereafter, the department shall annually publish a report
on the department's publicly accessible World Wide Web site
that shall include, but not be limited to:
(1) The approved tuition rate or rates for each approved
private school for the current school year.
(2) A description of the exceptionalities each approved
private school is approved to serve.
(3) A description of all programs and services offered by
each approved private school.
(c.7) No later than November 1, 2004, the Department of
Education shall issue guidelines establishing the levels of
services to assist each approved private school in determining
its proposed tuition rate or rates. The guidelines shall allow
an approved private school to establish approved tuition rates
for up to three levels of services and for day and residential
students.
(c.8) Within sixty (60) days of the effective date of this
subsection, the Department of Education shall promulgate interim
standards necessary to implement subsection (c.2) which shall
be published in the Pennsylvania Bulletin. The interim standards
shall not be subject to review pursuant to the act of June 25,
1982 (P.L.633, No.181), known as the "Regulatory Review Act,"
and shall not be subject to sections 201 through 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law. The interim standards shall apply
to audits conducted after July 1, 2005. Within one year of
publication of the interim standards in the Pennsylvania
Bulletin, the Department of Education shall deposit proposed
standards. The interim standards shall remain in effect until
the effective date of the final standards. ((c.8) added July
13, 2005, P.L.226, No.46)
(d) No private institution receiving payment in accordance
with this section shall impose any charge on the student and/or
parents who are Pennsylvania approved reimbursable residents
for a program of individualized instruction and maintenance
appropriate to the child's needs; except that charges for
services not part of such program may be made if agreed to by
the parents.
(e) The following words and phrases as used in this section
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Approved full-time equivalent enrollment" means the
full-time equivalent enrollment set by the Department of
Education pursuant to the provisions of subsection (c.3) or
(c.5).

"Approved tuition rate" means the final tuition rate set by

the Department of Education pursuant to the provisions of
subsection (c.3) or (c.5).
"Audit," for the purpose of subsection (a.1), means the
fiscal audit issued by the Governor's Office of the Budget,
excluding questioned costs.
"Claim form," for the purpose of subsection (a.1), means the
form that each approved private school submitted following the
end of the fiscal year showing the final costs claimed for the
fiscal year.
"Current school year" means the year in which payment is
being made.
"Full-time equivalent enrollment" means the number of
students enrolled in an approved private school pursuant to
subsection (a) or (b).
"Independent certified public accountant" means a member of
the American Institute of Certified Public Accountants that has
a minimum of five (5) years' verifiable experience in performing
audits of government funds for nonprofit organizations with a
comparable or larger annual budget.
"Midyear budget," for the purpose of subsection (a.1), means
the adjusted budget for the 2003-2004 school year submitted by
each approved private school in January 2004.
"Preliminary budget," for the purpose of subsection (a.1),
means the budget for the 2004-2005 school year submitted by
each approved private school in June 2004.
"Prior school year" means the year for which payment is made
during the current year.
"Proposed tuition rate" means the amount submitted by each
approved private school to the Department of Education to be
used in establishing the cost that the approved private school
incurred to provide instructional and residential services for
each full-time equivalent student. An approved private school
may submit information to establish costs for up to three (3)
levels of services and for day and residential students.
(1376 amended July 4, 2004, P.L.536, No.70)
Section 1376.1. Actual Cost of Tuition and Maintenance of
Certain Exceptional Children in the Four Chartered Schools for
Education of the Deaf and the Blind.--(a) The following term,
whenever used or referred to in this section, shall have the
following meaning. "Chartered school" shall mean any of the
four (4) chartered schools for the education of the deaf or the
blind: the Pennsylvania School for the Deaf; the Overbrook
School for the Blind; the Western Pennsylvania School for Blind
Children; and the Western Pennsylvania School for the Deaf.
(b) When any child of school age resident in this
Commonwealth, who is blind or deaf, is enrolled with the
approval of the Department of Education as a pupil in any of
the four (4) chartered schools in accordance with standards and
regulations promulgated by the State Board of Education, the
school district in which such child is resident shall pay the
greater of either twenty percent (20%) of the actual cost of
tuition and maintenance of such child in such institution, as
determined by the department; or its "tuition charge per
elementary pupil" or its "tuition charge per high school pupil,"
and the Commonwealth shall pay, out of funds appropriated to
the department for special education, the balance due for the
costs of such child's tuition and maintenance, as determined
by the department. For the school years 1989-90, 1990-91 and
1991-92, the school district payment shall be no greater than
forty percent (40%) of the actual audited costs of tuition and
maintenance of such child in such school. For the 1992-1993

school year through the 2003-2004 school year, the school

district payment shall be the greater of forty percent (40%)
of the actual audited costs of tuition and maintenance of such
child in such school, as determined by the department, or its
"tuition charge per elementary pupil" or its "tuition charge
per high school pupil," and the Commonwealth shall pay out of
funds appropriated to the department for chartered schools the
balance due for the costs of such child's tuition and
maintenance, as determined by the department. For the 2004-2005
school year and each school year thereafter, the school district
or charter school payment shall be the greater of forty percent
(40%) of the approved tuition rate established in subsection
(f.1) or (f.3) or the school district's or charter school's
"tuition charges per elementary pupil" or "tuition charges per
secondary pupil" as calculated under section 2561, and the
Commonwealth shall pay out of funds appropriated to the
department for chartered schools the balance of the approved
tuition rate due for such child's tuition and maintenance. The
department will credit the district of residence with average
daily membership for such child consistent with the rules of
procedure developed in accordance with section 2501. If the
residence of such child in a particular school district cannot
be determined, the Commonwealth shall pay the whole cost of
tuition and maintenance of such child as established under
subsection (f.1) or (f.3).
(b.1) For the 2004-2005 school year, the following apply:
(1) The department shall determine the payment amount for
each chartered school for all students enrolled in a chartered
school for the 2003-2004 school year based on the average of:
(i) The preliminary budget submitted to the department by
the chartered school for the 2004-2005 school year.
(ii) The midyear budget submitted to the department by the
chartered school for the 2003-2004 school year.
(iii) The audit issued by the Governor's Office of the
Budget for the 2002-2003 school year, excluding questioned
costs. If the 2002-2003 audit is not available, the department
shall use the claim form submitted by the chartered school for
the 2002-2003 school year.
(2) No later than August 10, 2004, the department shall
notify each school district of residence or charter school of
a child enrolled in a chartered school of its payment amount
under subsection (b).
(3) The department shall pay each chartered school the total
amount calculated pursuant to this subsection divided into
twelve (12) monthly payments. The department shall withhold the
school district or charter school payment amount calculated
under subsection (b) from the amount of State payments made to
the school district or charter school. In no event shall the
sum of the Commonwealth's share of payments to chartered schools
under this subsection exceed the appropriation for chartered
schools.
(b.2) Payments are as follows:
(1) For the 2005-2006 school year and each school year
thereafter, the department shall determine the payment amount
for each chartered school for all students enrolled in a
chartered school for the prior school year as follows:
(i) Multiply the payment determined for the immediate
preceding school year by one hundred and twenty-five percent
(125%) of the percentage increase in the appropriation for
special education for the fiscal year prior to the fiscal year
in which payments under this subsection are made.

(ii) Add the product under subparagraph (i) to the payment

determined for the immediately preceding school year.
(2) No later than May 10, 2005, and no later than May 10
of each school year thereafter, the department shall notify
each school district of residence or charter school of a child
enrolled in a chartered school of its payment amount under
subsection (b).
(3) The department shall pay each chartered school the total
amount calculated pursuant to this subsection divided into
twelve (12) monthly payments. The department shall withhold the
school district or charter school payment amount calculated
under subsection (b) from the amount of any and all State
payments made to the school district or charter school. In no
event shall the sum of the Commonwealth's share of payments to
chartered schools under this subsection exceed the appropriation
for chartered schools.
(c) When any person less than school age resident in this
Commonwealth who is blind or deaf is enrolled, with the approval
of the department, as a residential pupil in any of the four
(4) chartered schools, the Commonwealth shall pay to the school
the approved tuition rate for such child's tuition and
maintenance, and in addition, in the case of any child less
than school age, who is blind, the cost, as determined by the
department of instructing the parent of such blind child in
caring for such child.
(d) None of the chartered schools receiving payment in
accordance with this section shall impose any charge on the
student and/or parents who are approved reimbursable residents
for a program of instruction and maintenance appropriate to the
child's needs; except that charges for programs not part of the
normal school year may be made.
(e) ((e) deleted by amendment)
(f) (intro. par. deleted by amendment)
(1) ((1) deleted by amendment)
(2) ((2) deleted by amendment)
(3) ((3) deleted by amendment)
(4) Beginning with the 2004-2005 school year and each school
year thereafter, each chartered school shall maintain an
accounting and bookkeeping system and be subject to audit as
provided in standards promulgated by the Department of
Education. Such standards shall require that each chartered
school submit an audit to the department by November 1 of each
year. Such audit shall be conducted in accordance with generally
accepted accounting standards by an independent certified public
accountant. Such standards shall include a definition of
administrative costs, which costs shall not exceed ten percent
(10%) of each approved chartered school's total costs.
(5) (i) Where the amount of a chartered school's reportable
costs in the 2004-2005 fiscal year is less than the amount of
revenues received by the chartered school for the 2004-2005
fiscal year from the Commonwealth for the provision of
educational services to children who have been approved by the
Department of Education, the difference may be retained by the
chartered school for use in the 2005-2006 fiscal year.
(ii) Beginning in the 2005-2006 fiscal year, where the
amount of reportable costs in a fiscal year is less than the
amount of revenues received in that fiscal year by the chartered
school from the Commonwealth for the provision of educational
services to children who have been approved by the Department
of Education, the chartered school shall remit the difference
to the Commonwealth. Any such funds shall be deposited in the
Audit Resolution Fund for the resolution of previous audits.

(6) Audits of cost reports submitted for school years prior

to the 2004-2005 school year shall be completed in a manner
consistent with prior audit practices. A chartered school may
submit an audit for the 2003-2004 school year prepared by an
independent certified public accountant provided the following
have occurred:
(i) The Department of Education has failed to process and
settle the cost reports within twelve (12) months from
submission by the chartered school.
(ii) The Department of Education has failed to settle any
appeals or postsettlement resolution within fifteen (15) months
from submission by the chartered school.
(iii) The chartered school has responded to reasonable
requests for information and documents by the Department of
Education.
Upon receipt of the independent audit for the 2003-2004 school
year, the Department of Education shall have three (3) months
to review the audit and settle any outstanding payments due to
or from the chartered school.
((f) amended July 13, 2005, P.L.226, No.46)
(f.1) For payments made during the 2004-2005 school year,
the department shall establish an approved tuition rate for
each chartered school by dividing the amount calculated under
subsection (b.1) by the full-time equivalent enrollment for the
chartered school for the 2003-2004 school year. This calculation
shall be adjusted for residential and non-residential students.
The approved tuition rate multiplied by the full-time equivalent
enrollment shall not exceed the amount calculated under
subsection (b.1).
(f.2) Beginning August 15, 2004, and no later than August
15 of each year thereafter, each chartered school shall submit
budget information for the current school year on forms and in
a manner determined by the department. The budget information
shall include a proposed tuition rate and projected full-time
equivalent enrollment for the current year.
(f.3) For payments made during the 2005-2006 school year
and each school year thereafter, beginning January 15, 2005,
and no later than January 15 of each year thereafter, the
department shall establish an approved tuition rate and
full-time equivalent enrollment for each chartered school for
the current school year. The approved tuition rate shall be
determined by dividing the amount calculated under subsection
(b.2) by the full-time equivalent enrollment for the chartered
school for the prior school year. This calculation shall be
adjusted for residential and non-residential students. A
chartered school may enroll students in excess of the approved
full-time equivalent enrollment. Where a chartered school
enrolls students in excess of the approved full-time equivalent
enrollment, it must show a corresponding decrease in its
approved tuition rate.
(f.4) No later than May 1, 2005, and May 1 of each school
year thereafter, the department shall annually issue a report
for publication on the department's publicly accessible World
Wide Web site that shall include, but not be limited to:
(1) The approved tuition rate for each chartered school for
the current school year.
(2) A description of the exceptionalities each chartered
school is approved to serve.
(3) A description of all programs and services offered by
each chartered school.
(f.5) Within sixty (60) days of the effective date of this
subsection, the Department of Education shall promulgate interim

standards necessary to implement subsection (f) which shall be

published in the Pennsylvania Bulletin. The interim standards
shall not be subject to review pursuant to the act of June 25,
1982 (P.L.633, No.181), known as the "Regulatory Review Act,"
and shall not be subject to sections 201 through 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law. The interim standards shall apply
to audits conducted after July 1, 2005. Within one year of
publication of the interim standards in the Pennsylvania
Bulletin, the Department of Education shall deposit proposed
standards. The interim standards shall remain in effect until
the effective date of the final standards. ((f.5) added July
13, 2005, P.L.226, No.46)
(g) The following words and phrases shall have the meanings
given to them in this subsection unless the context clearly
indicates otherwise:
"Approved full-time equivalent enrollment" means the
full-time equivalent enrollment set by the Department of
Education pursuant to the provisions of subsection (f.3)
"Approved tuition rate" means the final tuition rate set by
the Department of Education pursuant to the provisions of
subsections (f.1) and (f.3).
"Audit," for the purposes of subsection (b.1), means the
fiscal audit issued by the Governor's Office of the Budget,
excluding questioned costs.
"Claim form," for the purposes of subsection (b.1), means
the form that each chartered school submitted following the end
of the fiscal year showing the final costs claimed for the
fiscal year.
"Current school year" means the year in which payment is
being made.
"Full-time equivalent enrollment" means the number of
students enrolled in a chartered school pursuant to subsection
(b) or (c).
"Independent certified public accountant" means a member of
the American Institute of Certified Public Accountants that has
a minimum of five (5) years' verifiable experience in performing
audits of government funds for nonprofit organizations with a
comparable or larger annual budget.
"Midyear budget," for the purposes of subsection (b.1), means
the adjusted budget for the 2003-2004 school year submitted by
each chartered school in January 2004.
"Preliminary budget," for the purposes of subsection (b.1),
means the budget for the 2004-2005 school year submitted by
each chartered school in June 2004.
"Prior school year" means the year for which payment is made
during the current year.
"Proposed tuition rate" means the amount submitted by each
chartered school to the Department of Education to be used in
establishing the cost that the chartered school incurred to
provide instructional and residential services for each
full-time equivalent student.
(1376.1 amended July 4, 2004, P.L.536, No.70)
Section 1377. Payment of Cost of Tuition and Maintenance
of Certain Exceptional Children.--(a) To facilitate payments
by the several school districts to the schools or institutions
in which deaf or blind, or cerebral palsied and/or brain damaged
and/or muscular dystrophied, or socially and emotionally
disturbed or mentally retarded children are enrolled, of amounts
due by such districts for their proportion of the cost of
tuition and maintenance of such children, the Secretary of
Education shall withhold from any moneys due to such districts

out of any State appropriation for the assistance as

reimbursement of school districts, the amounts due by such
districts to such schools or institutions for the blind or the
deaf, or the cerebral palsied and/or brain damaged and/or
muscular dystrophied or the socially and emotionally disturbed
and/or mentally retarded. Amounts so withheld shall be
specifically appropriated to the Department of Education. ((a)
amended July 8, 1989, P.L.253, No.43)
(b) Payments of the Commonwealth's proportion of the cost
of tuition and maintenance of blind or deaf, or cerebral palsied
and/or brain damaged and/or muscular dystrophied, or socially
and emotionally disturbed and/or mentally retarded pupils
enrolled in schools or institutions for the blind or for the
deaf, or for the cerebral palsied and/or brain damaged and/or
muscular dystrophied, or for the socially and emotionally
disturbed and of the cost of instruction of parents of blind
pupils less than school entry age, as hereinbefore provided,
shall be made quarterly, out of moneys appropriated to the
Department of Education for special education. Except for the
provisions of section 1376.1 providing for the actual cost of
tuition and maintenance of certain exceptional children in the
four chartered schools for education of the deaf and of the
blind, in no event shall the total payment for the cost of
tuition and maintenance of any such child exceed the rates per
year allowed under section 1376. The maximum amount payable for
the cost of tuition and maintenance of such children shall be
subject to review at least once every two years for the purpose
of recommending an adjustment thereof. ((b) amended July 8,
1989, P.L.253, No.43)
(c) For the purpose of enabling the Department of Education
to determine from time to time what amounts are due to schools
for the blind or for the deaf or for the cerebral palsied and/or
brain damaged and/or muscular dystrophied or for the socially
and emotionally disturbed and/or mentally retarded hereunder,
such schools shall forward to the department, at such times and
in such form as the department shall prescribe, sworn statements
setting forth the names, ages, and residences of all pupils
enrolled hereunder, specifying the school districts liable for
a part of the cost of tuition and maintenance of any such
pupils, the per capita cost of and maintenance of pupils, and
such other information as the department shall require.
For the purpose of providing adequate administration of the
program and to carry out the preaudit functions authorized in
section 1376(a), one-half of one percent (.50%) of the total
appropriations for approved private schools from all funds shall
be allocated to the Department of Education.
(d) When, during the course of the 1982-1983 school year,
programs for exceptional children are caused to be transferred
from schools or institutions for the blind or deaf, or cerebral
palsied or brain damaged or muscular dystrophied or mentally
retarded, or socially and emotionally disturbed, as provided
for in sections 1376 and 1376.1, to school districts or
intermediate units, as provided for in sections 2509 and 2509.1,
under unanticipated or emergency circumstances, and when such
transfers necessitate the transfer of funds from the
appropriation to the Department of Education for special
education for approved private schools to the appropriation to
the Department of Education for payments on account of special
education of exceptional children in public schools, the
Secretary of Education shall be empowered so to transfer such
funds, upon approval of the Secretary of the Budget and written
notification to the State Treasurer and the chairmen of the

House and Senate Appropriations and Education Committees. ((d)

added Dec. 17, 1982, P.L.1378, No.316)
(1377 amended May 31, 1979, P.L.33, No.11)
Compiler's Note: Section 3 of Act 144 of 1975, which amended
section 1377, provided that Act 144 shall take effect
immediately, and shall apply to the school year 1975-1976
and each year thereafter except that the provisions
relating to socially and emotionally disturbed
residential students shall take effect July 1, 1976 and
shall apply to the school year 1976-1977 and each year
thereafter.
Section 1377.1. Transfer of Funds for Transferal
Programs.--When, during the course of a school year or after
the end of a school year, programs for exceptional children are
caused to be transferred from schools or institutions for the
blind or deaf, or cerebral palsied or brain damaged or muscular
dystrophied or mentally retarded, or socially and emotionally
disturbed, as provided for in sections 1376 and 1376.1, to
school districts or intermediate units, as provided for in
sections 2509 and 2509.1, and when such transfers necessitate
the transfer of funds from the appropriation to the Department
of Education for special education for approved private schools
to the appropriation to the Department of Education for payments
on account of special education of exceptional children in
public schools, the Secretary of Education shall be empowered
to transfer such funds, upon approval of the Secretary of the
Budget and written notification to the State Treasurer and the
chairmen of the House and Senate Appropriations and Education
Committees.
(1377.1 added Dec. 20, 1983, P.L.267, No.73)
Section 1377.2. Emergency Permits at Approved Private
Schools and Chartered Schools for the Deaf and Blind.--Approved
private schools and chartered schools for the deaf and blind
shall have the authority to apply for emergency permits through
the Department of Education pursuant to the criteria for
eligibility established under 22 Pa. Code 49.31 (relating to
criteria for eligibility) as if the teachers were employed by
a public school entity, provided that all other conditions for
obtaining an emergency permit are met.
(1377.2 added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 1377.2, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1378. Medical Care for Children Under Six with
Defective Hearing.--Whenever the county medical director of the
Department of Health reports to the medical examiner of any
school district a case of a minor under six (6) years of age,
who is totally deaf or whose hearing is impaired, who is not
receiving adequate care and treatment, and whose parent or
guardian is financially unable to provide the same, such medical
examiner shall provide such care and treatment at the expense
of the school district or of the Commonwealth, as the case may
be, charged by law with the providing of medical examinations
for the schools of the school district. Such care and treatment
may be administered by the medical examiner or by some doctor
of medicine selected by him.
Section 1379. Children Under Six with Defective Hearing;
Parent or Guardian Advised of Schools, etc.--Whenever notified
by the Department of Health of the case of a minor under six

(6) years of age, who is totally deaf or whose hearing is

impaired, the Superintendent of Public Instruction, when in his
judgment the same is deemed desirable, shall communicate to the
parent or guardian the location of any special schools, and
also the nearest public school having special classes for the
instruction of the hard of hearing, with the information
concerning the advantages offered by such school or classes,
the benefits to accrue to the child from attending such school
or classes, and the manner in which the expenses of such
instruction will be provided for.
Section 1380. Education of Blind Children Under Eight
Years.--The Department of Public Instruction is authorized to
educate blind children, residing in this Commonwealth, under
the age of eight (8) years, whenever, from any cause, the parent
or parents thereof may be unable properly to educate them. With
the written consent of the parents, parent, or nearest relative,
if there be no parents, or the local authorities of the proper
institution district, if there be neither parents nor relatives,
the Department of Public Instruction may contract with any
nonsectarian institution in this State, or elsewhere,
established for the education of the blind, whereby any such
child may, at a cost not exceeding three dollars ($3) per day,
to be paid by the Commonwealth, out of funds appropriated to
the Department of Public Instruction for the education of blind
children, be educated until it shall reach the age of eight (8)
years. Such education may be continued beyond the age of eight
(8) years, when, for physical, mental or other proper reasons,
such child or children need special care for a longer period.
The contract may be canceled and the child or children removed
at any time by the Department of Public Instruction. The
provisions of this section shall not repeal or modify any
existing acts relative to the education of the blind.
(1380 amended Oct. 21, 1965, P.L.601, No.312)
Section 1381. Higher Education for Blind or Deaf
Students.--The Department of Public Instruction is authorized
to make provision for defraying the necessary expense of any
students who are blind or deaf and are regularly enrolled
students pursuing any course of study, profession, art, or
science in any university, college, conservatory of music,
normal, professional, or vocational school approved by the
Department of Public Instruction, and who are residents of the
Commonwealth. Before any contract is entered into, the
Department of Public Instruction shall make a careful
investigation of all circumstances surrounding the case. If,
after such investigation, it appears that any blind or deaf
student who desires to attend any such school or institution,
or who is attending such school or institution, seems to be
fitted for special work, the Department of Public Instruction
is authorized to expend the necessary amount, out of the general
sum appropriated for this purpose, not to exceed five hundred
dollars ($500) per year for each such blind or deaf student.
Section 1382. Period of Instruction.--The time for which
pupils of this Commonwealth may be taught in institutions or
schools for the instruction of the blind or for the deaf, in
whole or in part, at the expense of the Commonwealth, shall
extend to such number of years from the time of entering said
institutions or schools as may be approved by the Department
of Public Instruction.
(g)

Employment of Children.

Section 1391. Employment of Children Under Eighteen Unlawful

Without Employment Certificate or Permit.--No person, either
for himself or for any firm, association, or corporation, shall,
during the hours the public schools are in session, accept
service from, engage, or employe any child under eighteen (18)
years of age, unless such employer shall have on file an
employment certificate, or farm or domestic service permit,
issued according to law.
If the child leaves such employment, or is absent from such
employment five (5) days, the employer shall immediately, in
writing, notify accordingly the school official who issued the
certificate.
(1391 amended July 27, 1953, P.L.629, No.184)
Section 1392. Reports by Employers of Children.--Every
person, firm, association, or corporation accepting service
from, or employing, a child or children, between the ages of
fourteen (14) and eighteen (18) years, shall, semi-annually,
on the first day of January and on the first day of July in
each year, furnish to the district superintendent, or secretary
of the board of school directors of the district in which such
child or children reside, the name, age, place of residence,
and name of parent or guardian, of every such child in his or
its employ or service. Such report shall be made upon blanks
to be furnished by the Superintendent of Public Instruction at
the expense of the Commonwealth.
(1392 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1393. Posting of Information by Employers of
Children.--Every person, firm, association, or corporation
accepting service from, or employing, a child or children,
between the ages of fourteen (14) and eighteen (18) years,
during the hours when the public schools are in session, and
during the period of compulsory attendance in any school
district, shall make a true and correct list of all such
children, giving their names, ages, places of residence, names
of parents or guardians, the dates of and names of the persons
issuing the employment certificates, and the time of beginning
and ending of service with him or it, which list shall be
clearly written or printed and kept publicly posted at the place
of employment of such child, where the same may be inspected
by any member of the board of school directors or the secretary
thereof, by the district superintendent, or the attendance
officer of any school district, at any time during business
hours.
(1393 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1394. Penalties for Violation of Child Labor
Requirements.--Any person or persons accepting service from,
or engaging or employing, any child between eight (8) and
eighteen (18) years of age while the public schools are in
session, without having on file for such child an employment
certificate, or farm or domestic service permit, or failing to
furnish to the district superintendent, attendance officer, or
secretary of the board of school directors, the information
required by this act concerning the children employed by him
or them, or failing to post for inspection, at the place of
employment of such children, the list of children engaged by
him or them, as required by the provisions of this act, or
failing to notify the proper school official when a child leaves
such employment or is absent therefrom for five (5) days, shall
be guilty of a misdemeanor, and, upon conviction, shall for a
first offense be sentenced to pay a fine of not less than ten
dollars ($10) or more than twenty-five dollars ($25), or to
undergo imprisonment in the county jail for ten (10) days, or

both, at the discretion of the court, and for a subsequent

offense shall be sentenced to pay a fine of not less than twenty
dollars ($20) or more than fifty dollars ($50), or to undergo
imprisonment in the county jail for ninety (90) days, or both,
at the discretion of the court.
(1394 amended Jan. 14, 1970, 1969 P.L.468, No.192)
ARTICLE XIII-A.
SAFE SCHOOLS.
(Art. added June 30, 1995, P.L.220, No.26)
Section 1301-A. Definitions.--As used in this article,
" Chief school administrator " shall mean the superintendent
of a public school district, superintendent of an area
vocational-technical school, executive director of an
intermediate unit or chief executive officer of a charter
school.
"Office" shall mean the Office for Safe Schools within the
Department of Education.
" School entity " shall mean any public school district,
intermediate unit, area vocational-technical school or charter
school.
"School-based diversion programs" shall mean programs that,
in partnership with other stakeholders, divert youth out of the
juvenile justice system. These programs include, but are not
limited to, youth aid panels in which a panel of community
members decide an appropriate resolution to hold the student
accountable for the student's actions by, among other options,
requiring the student to complete educational activities,
community service, restitution and any other related program
or service.
"School property" shall mean any public school grounds, any
school-sponsored activity or any conveyance providing
transportation to a school entity or school-sponsored activity.
"School-wide positive behavior support" means a school-wide,
evidence-based and data-driven approach to improving school
behavior that seeks to reduce unnecessary student disciplinary
actions and promote a climate of greater productivity, safety
and learning.
"Student with a disability" shall mean a student who meets
the definition of "child with a disability" under the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. 1400 et seq.) or who meets the definition of a
"handicapped person" under section 504 of the Rehabilitation
Act of 1973 (Public Law 93-112, 29 U.S.C. 794) and its
implementing regulations (34 C.F.R. 104.3(j)). The term
includes a student for whom an evaluation is pending under
either the Individuals with Disabilities Education Act or
Rehabilitation Act.
"Weapon" shall include, but not be limited to, any knife,
cutting instrument, cutting tool, nunchaku, firearm, shotgun,
rifle and any other tool, instrument or implement capable of
inflicting serious bodily injury.
(1301-A amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1301-A, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated
to the extent of the inconsistency.
Section 1302-A. Office for Safe Schools.--(a) There is
hereby established in the Department of Education an Office for
Safe Schools.

(b) The office shall have the power and duty to implement
the following:
(1) To coordinate antiviolence efforts between school,
professional, parental, governmental, law enforcement and
community organizations and associations.
(2) To collect, develop and disseminate information,
policies, strategies and other information to assist in the
development of programs to impact school violence.
(2.1) To direct all school entities to submit annual school
violence statistics and reports to the office no later than
July 31 of each year.
(3) To provide direct training to school employes, parents,
law enforcement officials and communities on effective measures
to prevent and combat school violence.
(4) To advise school entities and nonpublic schools on the
development of policies to be used regarding possession of
weapons by any person, acts of violence and protocols for
coordination with and reporting to law enforcement officials
and the Department of Education.
(4.1) To verify the existence of corrective action plans
to reduce incidents of violence as required in the No Child
Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).
(5) To develop forms to be used by school entities and
police departments for reporting incidents involving acts of
violence and possession of weapons on school property. The forms
shall be reviewed on a biennial basis and revised when
necessary.
(6) To verify that each school entity has a biennially
updated and reexecuted memorandum of understanding with local
law enforcement and has filed such memorandum with the office
on a biennial basis.
(7) To publish and post on the Department of Education's
Internet website a School Safety Annual Report no later than
November 1 of each calendar year outlining all incidents
required to be reported under section 1303-A and any school
district that failed to submit a report under section 1303-A.
(8) To establish criteria, in consultation with the
Pennsylvania State Police, for certifying approved vendors to
provide school police officers to nonpublic schools for the
purposes of awarding grants under subsection (c.1)(3). ((8)
added July 9, 2014, P.L.1039, No.122)
(9) To publish and post on the Department of Education's
publicly accessible Internet website a listing of all approved
vendors under paragraph (8). ((9) added July 9, 2014, P.L.1039,
No.122)
(b.1) The office shall process and tabulate the data on an
annual basis to assist school administrators and law enforcement
officials in their duties under this article.
(c) In addition to the powers and duties set forth under
subsection (b), the office is authorized to make targeted grants
to school entities to fund programs which address school
violence, including:
(1) Conflict resolution or dispute management, including
restorative justice strategies.
(1.1) School-wide positive behavior support that includes
primary or universal, secondary and tertiary supports and
interventions in school entities.
(1.2) School-based diversion programs.
(2) Peer helpers programs.
(3) Risk assessment, safety-related, violence prevention
curricula, including, but not limited to, dating violence
curricula and restorative justice strategies.

(4) Classroom management.

(5) Student codes of conduct.
(6) Training to undertake a districtwide assessment of risk
factors that increase the likelihood of problem behaviors among
students.
(7) Development and implementation of research-based
violence prevention programs that address risk factors to reduce
incidents of problem behaviors among students including, but
not limited to, bullying.
(8) Comprehensive, districtwide school safety, violence
prevention, emergency preparedness and all-hazards plans,
including revisions or updates to such plans and conducting
emergency preparedness drills and related activities with local
emergency responders. ((8) amended July 18, 2013, P.L.571,
No.70)
(9) Security planning, purchase of security-related
technology which may include metal detectors, protective
lighting, surveillance equipment, special emergency
communications equipment, electronic locksets, deadbolts and
theft control devices and training in the use of
security-related technology. Security planning and purchase of
security-related technology shall be based on safety needs
identified by the school entity's board of directors.
(10) Institution of student, staff and visitor
identification systems, including criminal background check
software.
(11) ((11) deleted by amendment July 18, 2013, P.L.571,
No.70)
(12) Provision of specialized staff and student training
programs, including training for Student Assistance Program
team members in elementary, middle and high schools in the
referral of students at risk of violent behavior to appropriate
community-based services, including mental health services.
(13) Alternative education programs provided for in Article
XIX-C.
(14) Counseling services for students enrolled in
alternative education programs.
(15) An Internet web-based system for the management of
student discipline, including misconduct and criminal offenses.
(16) Staff training programs in the use of positive behavior
supports, de-escalation techniques and appropriate responses
to student behavior that may require immediate intervention.
(c.1) (1) In addition to the powers and duties set forth
under subsections (b) and (c), the office is authorized to make
targeted grants to school entities, municipalities, local law
enforcement agencies and approved vendors to fund programs which
address school violence by establishing or enhancing school
security, including costs associated with the training and
compensation of school resource officers and school police
officers. Municipalities or local law enforcement agencies that
receive grants under this subsection shall, with the prior
consent of the governing board of the school entity or nonpublic
school, assign school resource officers to carry out their
official duties on the premises of the school entity or
nonpublic school.
(2) Municipalities or local law enforcement agencies may
not receive grant funds under this subsection for any purpose
other than for costs associated with school resource officers
and are not eligible for other grants provided to school
entities under this section. In assigning school resource
officers pursuant to this subsection, municipalities shall take

into consideration the proportion of students enrolled in each

school entity or nonpublic school.
(3) Nonpublic schools are authorized to apply to the office
for grant funding under paragraph (1) to be used for the costs
associated with obtaining the services of a school police
officer from a list of approved vendors certified by the office.
Grant awards for this purpose shall be awarded and paid directly
to the approved vendor with which the nonpublic school contracts
for services. Nonpublic schools may not apply for grant funding
under this section for any purpose other than obtaining the
services of a school police officer under this paragraph.
((c.1) amended July 9, 2014, P.L.1039, No.122)
(d) The office shall have the following duties as to
targeted grants:
(1) Targeted grants shall be allocated through a competitive
grant review process established by the office. School entities
must satisfy the requirements of this section and section 1303-A
to be eligible for grants. The application for a targeted grant
shall include:
(i) the purpose for which the targeted grant shall be
utilized;
(ii) information indicating need for the targeted grant,
including, but not limited to, school violence statistics;
(iii) an estimated budget;
(iv) methods for measuring outcomes; and
(v) any other criteria as the office may require.
(2) The office shall:
(i) Give priority in grant funding under subsection (c) to
a school entity designated as a persistently dangerous school
as defined in 22 Pa. Code 403.2 (relating to definitions).
(ii) Give priority in grant funding under subsection (c)
to school entities with the greatest need to establish safety
and order.
(iii) To the greatest extent possible, ensure that grant
funding is geographically dispersed to school entities and
municipalities throughout this Commonwealth.
(iv) For school entities, municipalities, local law
enforcement agencies and nonpublic schools that apply for
funding for the training and compensation of school resource
officers and school police officers under subsection (c.1),
give priority to school entities, municipalities, local law
enforcement agencies and nonpublic schools that utilize school
resource officers or school police officers who have completed
additional training recommended by the Department of Education
relating to interaction with all children and adolescents within
a school setting.
(v) For school entities or nonpublic schools that apply for
funding for school police officers under subsection (c.1), give
priority to school entities and nonpublic schools that utilize
school police officers who satisfy all of the following:
(A) Are retired Federal agents or retired State, municipal
or military police officers.
(B) Are independent contractors of the school entity or
nonpublic school.
(C) Are compensated on an hourly basis and receive no other
compensation or fringe benefits from the school entity or
nonpublic school.
(D) Have completed such annual training as shall be required
by the Municipal Police Officers' Education and Training
Commission pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to
municipal police education and training).
(E) Are in satisfaction of the requirements of section 111.

(F) In the case of a school entity, have been indemnified

by the school entity pursuant to 42 Pa.C.S. 8548 (relating
to indemnity).
(G) Are utilized by a school entity or nonpublic school
that has not employed a school police officer within the three
years immediately preceding the effective date of this clause.
Nothing in this clause shall be construed to impact on grant
decisions for school entities, municipalities or local law
enforcement agencies that apply for funding for hiring of school
resource officers pursuant to subsection (c.1).
(3) The office shall provide all targeted grant agreements
to the Department of Education's comptroller for review and
approval prior to awarding the grant. The school entity,
municipality, local law enforcement agency or approved vendor
shall provide the office with full and complete access to all
records relating to the performance of the grant, and shall
submit, at such time and in such form as may be prescribed,
truthful and accurate information that the office may require.
The office shall conduct a thorough annual evaluation of each
program for which a grant under this section is made. The office
shall seek repayment of funds if it determines that funds were
not utilized for the original stated purpose.
((d) amended July 9, 2014, P.L.1039, No.122)
(e) The sum appropriated annually to the Department of
Education for the purpose of making targeted grants under this
section shall be allocated as follows:
(1) Forty percent of the sum shall be allocated for grants
under subsection (c).
(2) Sixty percent of the sum shall be allocated for grants
under subsection (c.1).
((e) added July 18, 2013, P.L.571, No.70)
(f) As used in this section, "school entity" shall have the
same meaning given to it under section 222(c). ((f) added July
9, 2014, P.L.1039, No.122)
(1302-A amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1302-A, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated
to the extent of the inconsistency.
Section 1302.1-A. Regulations.--(a) Within one year of the
effective date of this section, the State Board of Education
shall promulgate final-omitted regulations pursuant to the act
of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
Review Act," necessary to implement this article. The
regulations shall include the following:
(1) A model memorandum of understanding between school
entities and local police departments. The model memorandum of
understanding shall be reviewed on a biennial basis and revised
where necessary. The State Board of Education may revise the
model memorandum of understanding by publishing a notice in the
Pennsylvania Bulletin that contains the complete revised model
memorandum of understanding. The revised model memorandum of
understanding shall be incorporated into the Pennsylvania Code
in place of the existing model memorandum of understanding.
(2) Protocol for the notification of the police department
when an offense listed under section 1303-A(b)(4.1) occurs on
school property, which shall include a requirement that the
local police department be notified immediately when such an
offense occurs.

(3) Protocol for the notification of the police department

at the discretion of the chief school administrator regarding
an offense listed under section 1303-A(b)(4.2) or any other
offense that occurs on school property.
(4) Protocol for emergency and nonemergency response by the
police department, which shall include a requirement that the
school district shall supply the police department with a copy
of the comprehensive disaster response and emergency
preparedness plan as required by 35 Pa.C.S. 7701(g) (relating
to duties concerning disaster prevention).
(5) Procedures and protocols for the response and handling
of students with a disability, including procedures related to
student behavior as required by 22 Pa. Code 14.104 (relating
to special education plans) and 14.133 (relating to positive
behavior support).
((a) amended June 30, 2012, P.L.684, No.82)
(b) (1) In promulgating the regulations required under
subsection (a), the State Board of Education shall convene and
consult with a Statewide advisory committee which shall include
a police chief, juvenile public defender, school superintendent,
school principal, district attorney, solicitor of a school
district, special education supervisor, special education
advocate and in-school probation officer and one designee from
the Department of Education, the Pennsylvania Commission on
Crime and Delinquency, the Municipal Police Officers' Education
and Training Commission, the Juvenile Court Judges' Commission
and the Pennsylvania State Police.
(2) Members of the committee shall be selected to be
representative of the rural, suburban and urban school entities
of this Commonwealth.
(3) The advisory committee shall be convened no later than
sixty (60) days after the effective date of this section and
shall meet regularly to fulfill the requirements of this
section.
(1302.1-A added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 1302.1-A, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1303-A. Reporting.--(a) The office shall conduct
a one-time survey of all school entities to determine the number
of incidents involving acts of violence on school property and
all cases involving possession of a weapon by any person on
school property which occurred within the last five (5) years.
The survey shall be based on the best available information
provided by school entities.
(b) Each chief school administrator shall report to the
office by July 31 of each year all new incidents involving acts
of violence, possession of a weapon or possession, use or sale
of controlled substances as defined in the act of April 14,
1972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
Device and Cosmetic Act," or possession, use or sale of alcohol
or tobacco by any person on school property.
The incidents
to be reported to the office shall include all incidents
involving conduct that constitutes a criminal offense listed
under paragraphs (4.1) and (4.2). Reports on a form to be
developed and provided by the office shall include:
(1) Age or grade of student.
(2) Name and address of school.
(3) Circumstances surrounding the incident, including, but
not limited to, type of weapon, controlled substance, alcohol

or tobacco, the date, time and location of the incident, if a

person other than a student is involved in the incident and any
relationship to the school entity.
(3.1) Race of student.
(3.2) Whether the student has an Individualized Education
Plan under the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. 1400 et seq.), and if so, the
type of disability.
(4) Sanction imposed by the school.
(4.1) A list of criminal offenses which shall, at a minimum,
include:
(i) The following offenses under 18 Pa.C.S. (relating to
crimes and offenses):
Section 908 (relating to prohibited offensive weapons).
Section 912 (relating to possession of weapon on school
property).
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3307 (relating to institutional vandalism) when the
penalty is a felony of the third degree.
Section 3502 (relating to burglary).
Section 3503(a) and (b)(1)(v) (relating to criminal
trespass).
Section 5501 (relating to riot).
Section 6110.1 (relating to possession of firearm by minor).
(ii) The possession, use or sale of a controlled substance
or drug paraphernalia as defined in "The Controlled Substance,
Drug, Device and Cosmetic Act."
(iii) Attempts, solicitation or conspiracy to commit any
of the offenses listed in subclauses (i) and (ii).
(iv) An offense for which registration is required under
42 Pa.C.S. 9795.1 (relating to registration).
(4.2) The following offenses under 18 Pa.C.S., and any
attempt, solicitation or conspiracy to commit any of these
offenses:
Section 2701 (relating to simple assault).
Section 2705 (relating to recklessly endangering another
person).
Section 2706 (relating to terroristic threats).
Section 2709 (relating to harassment).
Section 3127 (relating to indecent exposure).
Section 3307 (relating to institutional vandalism) when the
penalty is a misdemeanor of the second degree.
Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)
(relating to criminal trespass).
Chapter 39 (relating to theft and related offenses).
Section 5502 (relating to failure of disorderly persons to
disperse upon official order).
Section 5503 (relating to disorderly conduct).
Section 6305 (relating to sale of tobacco).

Section 6306.1 (relating to use of tobacco in schools

prohibited).
Section 6308 (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages).
(5) Notification of law enforcement.
(6) Remedial programs involved.
(7) Parental involvement required.
(8) Arrests, convictions and adjudications, if known.
(b.1) Prior to submitting the report required under
subsection (b), each chief school administrator and each police
department having jurisdiction over school property of the
school entity shall do all of the following:
(1) No later than thirty (30) days prior to the deadline
for submitting the report to the office required under
subsection (b), the chief school administrator shall submit
the report to the police department with jurisdiction over the
relevant school property. The police department shall review
the report and compare the data regarding criminal offenses and
notification of law enforcement to determine whether the report
accurately reflects police incident data.
(2) No later than fifteen (15) days prior to the deadline
for the chief school administrator to submit the report
required under subsection (b), the police department shall
notify the chief school administrator, in writing, whether the
report accurately reflects police incident data. Where the
police department determines that the report accurately reflects
police incident data, the chief of police shall sign the report.
Where the police department determines that the report does not
accurately reflect police incident data, the police department
shall indicate any discrepancies between the report and police
incident data.
(3) Prior to submitting the report required under
subsection (b), the chief school administrator and the police
department shall attempt to resolve
discrepancies between the
report and police incident data. Where a discrepancy remains
unresolved, the police department shall notify the chief school
administrator and the office in writing.
(4) Where a police department fails to take action as
required under paragraph (2) or (3), the chief school
administrator shall submit the report required under subsection
(b) and indicate that the police department failed to take
action as required under paragraph (2) or (3).
(c) Each chief school administrator shall form an advisory
committee composed of relevant school staff, including, but not
limited to, principals, security personnel, school resource
officers, guidance counselors and special education
administrators, to assist in the development of a memorandum
of understanding pursuant to this section. In consultation with
the advisory committee, each chief school administrator shall
enter into a memorandum of understanding with police departments
having jurisdiction over school property of the school entity.
Each chief school administrator shall submit a copy of the
memorandum of understanding to the office by June 30, 201 1,
and biennially update and re-execute a memorandum of
understanding with local law enforcement and file such
memorandum with the office on a biennial basis . The memorandum
of understanding shall be signed by the chief school
administrator , the chief of police of the police department
with jurisdiction over the relevant school property and
principals of each school building of the school entity. The
memorandum of understanding shall comply with the regulations

promulgated by the State Board of Education under section

1302.1-A and shall also include:
(1) The procedure for police department review of the annual
report required under subsection (b) prior to the chief school
administrator filing the report required under subsection (b)
with the office. ((1) amended June 30, 2011, P.L.112, No.24)
(2) A procedure for the resolution of school violence data
discrepancies in the report prior to filing the report required
under subsection (b) with the office.
(3) Additional matters pertaining to crime prevention agreed
to between the chief school administrator and the police
department.
(d) Pursuant to section 615 of the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C.
1415(k)(6)), nothing in section 1302.1-A or this section shall
be construed to prohibit a school entity from reporting a crime
committed by a child with a disability to appropriate
authorities or to prevent State law enforcement and judicial
authorities from exercising their responsibilities with regard
to the application of Federal and State law to crimes committed
by a child with a disability.
(e)
(1) Notwithstanding any provision of law to the
contrary, the Department of Education may initiate disciplinary
action before the Professional Standards and Practices
Commission pursuant to the act of December 12, 1973 (P.L.397,
No.141) , known as the "Professional Educator Discipline Act,"
against a chief school administrator or principal of a school
entity who intentionally fails to submit the report as required
under subsection (b) or enter into the memorandum of
understanding with the police department with jurisdiction over
the relevant school property, report an incident involving an
act of violence, possession of a weapon or an offense listed
under subsection (b) (4.1) that occurs on school property to a
police department or submit a copy of the memorandum of
understanding to the office as required under subsection (c)
or who intentionally falsifies a report submitted as required
under this section.
(2) In addition to any other disciplinary actions set forth
in the "Professional Educator Discipline Act," a chief school
administrator or principal of a school entity who intentionally
fails to submit the report as required under subsection (b)
or enter into the memorandum of understanding with the police
department with jurisdiction over the relevant school property,
report an incident involving an act of violence, possession of
a weapon or an offen se cited under subsection (b)(4.1) that
occurs on school property to a police department or submit a
copy of the memorandum of understanding to the office as
required under subsection (c) or who intentionally falsifies a
report submitted as required under this section shall be subject
to prosecution for violation of 18 Pa.C.S. 4904 (relating
to unsworn falsification to authorities). The following civil
penalties may be imposed by the Professional Standards and
Practices Commission for violations of this article:
(i) for a first violation, $2,500;
(ii) for a second violation, $3,500; or
(iii) for a third or subsequent violation, $5,000.
Any penalty imposed under this paragraph shall be paid to the
Department of Education and used for the support of the office.
(1303-A amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1303-A, provided that any regulations

that are inconsistent with Act 104 are hereby abrogated

to the extent of the inconsistency.
Section 1303.1-A. Policy Relating to Bullying.--(a) No
later than January 1, 2009, each school entity shall adopt a
policy or amend its existing policy relating to bullying and
incorporate the policy into the school entity's code of student
conduct required under 22 Pa. Code 12.3(c) (relating to school
rules). The policy shall delineate disciplinary consequences
for bullying and may provide for prevention, intervention and
education programs, provided that no school entity shall be
required to establish a new policy under this section if one
currently exists and reasonably fulfills the requirements of
this section. The policy shall identify the appropriate school
staff person to receive reports of incidents of alleged
bullying.
(b) Each school entity shall make the policy available on
its publicly accessible Internet website, if available, and in
every classroom. Each school entity shall post the policy at a
prominent location within each school building where such
notices are usually posted. Each school entity shall ensure
that the policy and procedures for reporting bullying incidents
are reviewed with students within ninety (90) days after their
adoption and thereafter at least once each school year.
(c) Each school entity shall review its policy every three
(3) years and annually provide the office with a copy of its
policy relating to bullying, including information related to
the development and implementation of any bullying prevention,
intervention and education programs. The information required
under this subsection shall be attached to or made part of the
annual report required under section 1303-A(b).
(d) In its policy relating to bullying adopted or maintained
under subsection (a), a school entity shall not be prohibited
from defining bullying in such a way as to encompass acts that
occur outside a school setting if those acts meet the
requirements contained in subsection (e)(1), (3) and (4). If a
school entity reports acts of bullying to the office in
accordance with section 1303-A(b), it shall report all incidents
that qualify as bullying under the entity's adopted definition
of that term.
(e) For purposes of this article, "bullying" shall mean an
intentional electronic, written, verbal or physical act, or a
series of acts:
(1) directed at another student or students;
(2) which occurs in a school setting;
(3) that is severe, persistent or pervasive; and
(4) that has the effect of doing any of the following:
(i) substantially interfering with a student's education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation of the
school; and
"school setting" shall mean in the school, on school grounds,
in school vehicles, at a designated bus stop or at any activity
sponsored, supervised or sanctioned by the school.
(1303.1-A added July 9, 2008, P.L.846, No.61)
Section 1304-A. Sworn Statement.--(a) Prior to admission
to any school entity, the parent, guardian or other person
having control or charge of a student shall, upon registration,
provide a sworn statement or affirmation stating whether the
pupil was previously or is presently suspended or expelled from
any public or private school of this Commonwealth or any other
state for an act or offense involving weapons, alcohol or drugs
or for the wilful infliction of injury to another person or for

any act of violence committed on school property. The

registration shall include the name of the school from which
the student was expelled or suspended for the above-listed
reasons with the dates of expulsion or suspension and shall be
maintained as part of the student's disciplinary record.
(b) Any wilful false statement made under this section shall
be a misdemeanor of the third degree.
(1304-A amended June 25, 1997, P.L.297, No.30)
Section 1305-A. Transfer of Records.--Whenever a pupil
transfers to another school entity or nonpublic school, a
certified copy of the student's disciplinary record shall be
transmitted to the school entity or nonpublic school to which
the pupil has transferred. The school entity or nonpublic school
to which the student has transferred should request the record.
The sending school entity or nonpublic school shall have ten
(10) days from receipt of the request to supply a certified
copy of the student's disciplinary record. The requirements of
this section apply as well to transfers between schools within
the same school entity.
(1305-A amended July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1305-A, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1306-A. Availability of Records.--A student's
disciplinary record, as well as records maintained under section
1307-A, shall be available for inspection to the student and
his parent, guardian or other person having control or charge
of the student, to school officials and to State and local law
enforcement officials as provided by law. Permission of the
parent, guardian or other person having control or charge of
the student shall not be required for transfer of the
individual's student record to another school entity within
this Commonwealth or in another state in which the student seeks
enrollment or is enrolled.
(1306-A added June 30, 1995, P.L.220, No.26)
Section 1307-A. Maintenance of Records.--All school entities
and private schools within this Commonwealth shall maintain
updated records of all incidents of violence, incidents
involving possession of a weapon and convictions or
adjudications of delinquency for acts committed on school
property by students enrolled therein on both a district-wide
and school-by-school basis. Records maintained under this
section shall be contained in a format developed by the
Pennsylvania State Police in cooperation with the office within
ninety (90) days of the effective date of this section. A
statistical summary of these records shall be made accessible
to the public for examination by the public during regular
business hours.
((1307-A added June 30, 1995, P.L.220, No.26)
Section 1308-A. Report.--The Secretary of Education shall
survey all school districts and nonpublic schools to determine
the extent to which additional costs have been incurred in
implementing administrative and reporting requirements
established for public and nonpublic schools in section 1317.2
and in sections 1304-A through 1307-A. The Secretary of
Education shall issue a report to the chairman and the minority
chairman of the Appropriations Committee and the Education
Committee of the Senate and the Appropriations Committee and
Education Committee of the House of Representatives by April
1, 1996, concerning the extent to which additional costs have
been incurred by school districts and nonpublic schools.

(1308-A added June 30, 1995, P.L.220, No.26)

Section 1309-A. Technical Assistance.--The Department of
Education shall provide guidelines and technical assistance to
assist school districts and nonpublic schools in implementing
the provisions of this act.
(1309-A added June 30, 1995, P.L.220, No.26)
Section 1310-A. Safe Schools Advocate in School Districts
of the First Class.--(a) The Executive Director of the
Pennsylvania Commission on Crime and Delinquency shall
establish, within the commission, a safe schools advocate for
each school district of the first class. The advocate shall not
be subject to the act of August 5, 1941 (P.L.752, No.286), known
as the "Civil Service Act." The advocate shall establish and
maintain an office within the school district. ((a) amended
June 30, 2011, P.L.112, No.24)
(b) The safe schools advocate shall have the power and its
duties shall be:
(1) To monitor the school district's compliance with this
article, including:
(i) the school district's reporting to the office of
incidents involving acts of violence, possession of a weapon
or possession, use or sale of controlled substances as defined
in the act of April 14, 1972 (P.L.233, No.64), known as "The
Controlled Substance, Drug, Device and Cosmetic Act," or
possession, use or sale of alcohol or tobacco by any person on
school property;
(ii) obtaining copies of the school district's reports to
the office and reviewing and analyzing them;
(iii) the school district's compliance with the procedures
set forth in the memorandum of understanding with the
appropriate police department regarding incidents involving
acts of violence and possession of weapons; and
(iv) obtaining documentation, on a weekly basis during those
times when school is in session, of all written or verbal
contacts by school district personnel with the appropriate
police department consistent with the requirements of the
memorandum of understanding.
(2) To monitor the school district's compliance with the
mandatory expulsion requirements of section 1317.2.
(3) To receive inquiries from school staff and parents or
guardians of students who are victims of acts of violence on
school property.
(4) To establish a protocol, in consultation with the
Juvenile Court Judges' Commission, to assure timely receipt by
the school district of information regarding students who have
been adjudicated delinquent pursuant to 42 Pa.C.S. 6341(b.1)
(relating to adjudication) and to monitor the school district's
use of that information to ensure that victims of acts of
violence by a student are protected.
(5) To establish a program to assure extensive and
continuing public awareness of information regarding the role
of the advocate on behalf of victims of acts of violence on
school property, which may include the mailing of information
to the parents or guardians of students in the school district
or other forms of communication.
(6) To review and analyze Federal and State statutes which
may be an impediment to school safety and the imposition of
discipline for the commission of acts of violence on school
property and to prepare, by April 30, 2001, and as necessary
from time to time thereafter, reports making recommendations
for changes to the statutes which would promote school safety
and facilitate effective and expedient disciplinary action. The

reports shall be submitted to the secretary and the Executive

Director of the Pennsylvania Commission on Crime and
Delinquency. ((6) amended June 30, 2011, P.L.112, No.24)
(7) To review and analyze court decisions applicable to the
school district's disciplinary process and procedures, to make
recommendations to the school district regarding any negative
impact these decisions have upon the effective maintenance of
school safety and to make recommendations relating to the
existing provisions of consent decrees.
(8) To prepare an annual report regarding the activities
of the advocate during the prior fiscal year and any
recommendations for remedial legislation, regulations or school
district administrative reforms, which shall be submitted to
the school district superintendent, the secretary, the Executive
Director of the Pennsylvania Commission on Crime and
Delinquency, the chairperson of the Education Committee of the
Senate and the chairperson of the Education Committee of the
House of Representatives by August 15 of each year. ((8) amended
June 30, 2011, P.L.112, No.24)
(9) To monitor infractions of the school district's code
of conduct to identify students whose conduct would constitute
an offense under 18 Pa.C.S. 2701 (relating to simple assault).
(c) The safe schools advocate shall, on behalf of victims
of acts of violence on school property, victims of conduct that
would constitute an act of violence and victims of students who
have committed two or more infractions as set forth in
subsection (b)(9):
(1) provide assistance and advice, including information
on support services provided by victim assistance offices of
the appropriate district attorney and through local
community-based victim service agencies;
(2) provide information to the parent or guardian of the
student victim regarding the disciplinary process and any action
ultimately taken against the student accused of committing the
act of violence;
(3) in cases involving the possession or use of a weapon,
advise the parent or guardian of the victim whether the school
district properly exercised its duty under section 1317.2;
(4) in cases where the advocate has received a request by
the parent or guardian of the victim, to attend formal
disciplinary proceedings;
(5) with the consent of the parent or guardian of the
victim, present information in the disciplinary proceeding,
which may include oral or written presentations, including
testimony by the victim or the parent or guardian of the victim,
regarding the impact on the victim and the victim's family and
the appropriate disciplinary action and which may include direct
or cross-examination of witnesses;
(6) where the perpetrator of an act of violence is returning
to school after placement under a consent decree, adjudication
of delinquency or conviction of a criminal offense, assist the
parent or guardian of the victim in providing input to the
school district and the appropriate juvenile or criminal justice
authority to ensure the victim's safety on school property;
(7) in cases where the district has failed to report the
act of violence to the appropriate police department as required
by the memorandum of understanding, to report such act of
violence directly; and
(8) provide information and make recommendations to the
office of the district attorney regarding the impact of the act
of violence on the victim and the victim's family.

(d) Upon discovery of the commission of an act of violence

upon a student, the school district of the first class shall
immediately notify the victim's parent or guardian of the safe
schools advocate. The form of this notice shall be developed
by the advocate and provided to the school district. This form
shall include the address and telephone number of the advocate
and a brief description of the purposes and functions of the
safe schools advocate. The principal of each school within the
school district shall post a notice not less than 8 1/2 by 11
inches entitled "Safe Schools Advocate" at a prominent location
within each school building, where such notices are usually
posted. The form of this notice shall also be developed by the
advocate and provided to the school district.
(e) It shall be the duty of each school administrator in a
school district of the first class to cooperate with the safe
schools advocate to implement this section and to provide the
advocate, upon request, with all available information
authorized by State law. In regard to individual cases of acts
of violence, only information permitted to be shared under
subsection (f) shall be disclosed.
(f) The advocate and all employes and agents of the safe
schools advocate shall be subject to and bound by section 444
of the General Education Provisions Act (Public Law 90-247, 20
U.S.C. 1232g) and 34 CFR Pt. 99 (relating to family
educational rights and privacy).
(g) This section shall not apply to the extent that it would
conflict with the requirements of the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. 1400
et seq.) or other applicable Federal statute or regulation.
(h) As used in this section:
"Act of violence" shall mean the possession of a weapon on
school property or an offense, including the attempt,
solicitation or conspiracy to commit the offense, under any of
the following provisions of 18 Pa.C.S. (relating to crimes and
offenses):
(1) Section 2501 (relating to criminal homicide).
(2) Section 2702 (relating to aggravated assault).
(3) Section 3121 (relating to rape).
(4) Section 3122.1 (relating to statutory sexual assault).
(5) Section 3123 (relating to involuntary deviate sexual
intercourse).
(6) Section 3124.1 (relating to sexual assault).
(7) Section 3125 (relating to aggravated indecent assault).
(8) Section 3126 (relating to indecent assault).
(9) Section 3301 (relating to arson and related offenses).
(10) Section 3701 (relating to robbery).
(11) Section 3702 (relating to robbery of motor vehicle).
"School district" shall mean school district of the first
class.
(i) At least eighty per centum (80%) of all appropriations
for the Office of Safe Schools Advocate in fiscal year 2006-2007
shall be expended by June 30, 2007, and the remaining balance
of the appropriation shall be committed or encumbered by June
30, 2007. ((i) added July 11, 2006, P.L.1092, No.114)
(1310-A added Nov. 22, 2000, P.L.672, No.91)
Section 1311-A. Standing.--(a) If a student in a school
district of the first class is a victim of an act of violence
involving a weapon on school property and the student who
possessed the weapon was not expelled under section 1317.2, the
parent or guardian of the victim shall have standing to
institute a legal proceeding to obtain expulsion of the student.

(b) The Office of General Counsel shall have standing to

bring an action on behalf of a victim or the parent or guardian
of a victim of an act of violence in a school in a school
district of the first class to modify, clarify or eliminate a
consent decree that is related to discipline in the district
if, in consultation with the advocate, the Office of General
Counsel believes that the action is in the best interests of
the students of the school district.
(c) (1) The Executive Director of the Pennsylvania
Commission on Crime and Delinquency in consultation with the
General Counsel may designate a portion of the funds provided
for the safe schools advocate:
(i) For contracts for legal services to assist low-income
parents or guardians of victims to obtain legal services for
proceedings under subsection (a).
(ii) To challenge a consent decree under subsection (b) or
to bring an action under sections 1310-A(c)(5) and 1312-A(a).
(2) The designation of attorneys to receive funds under
this subsection shall be within the discretion of the Office
of General Counsel after consultation with the safe schools
advocate.
(3) Designated funds which are not expended under this
subsection shall lapse to the General Fund.
(d) Legal proceedings under this section shall be conducted
by an attorney designated by the Office of General Counsel in
consultation with the safe schools advocate. The attorney must
be a member of the bar in good standing.
(e) ((e) deleted by amendment)
(f) As used in this section, "low-income parent or guardian"
shall mean a parent whose family income is no greater than two
hundred fifty per centum (250%) of the Federal poverty level.
(1311-A amended June 30, 2011, P.L.112, No.24)
Section 1312-A. Enforcement.--(a) (1) If the school
district of the first class fails to comply with requirements
to provide information to the safe schools advocate under
section 1310-A, the advocate shall provide documentation of the
failure to the Secretary of Education and the Pennsylvania
Commission on Crime and Delinquency.
(2)
If the secretary determines that there is
noncompliance, the secretary shall notify the advocate and the
Office of General Counsel. The Office of General Counsel, in
consultation with the safe schools advocate, shall designate
an attorney to bring an action in a court of competent
jurisdiction to enforce section 1310-A.
(3) If the secretary determines that the school district
of the first class has complied with the requirements to provide
information to the safe schools advocate under section 1310-A,
the secretary shall convene a public hearing at which the safe
schools advocate shall be permitted to testify regarding the
alleged noncompliance.
(b) Legal proceedings under subsection (a) shall be
conducted by an attorney designated by the Office of General
Counsel in consultation with the safe schools advocate. The
attorney must be a member of the bar in good standing.
(1312-A amended June 30, 2011, P.L.112, No.24)
Section 1313-A. Construction of Article and Other
Laws.--Nothing in this article or any other provision of law
shall be construed as granting a right of status for or
participation by the safe schools advocate in a grievance or
arbitration proceeding arising out of a collective bargaining
agreement.
(1313-A added Nov. 22, 2000, P.L.672, No.91)

ARTICLE XIV.
SCHOOL HEALTH SERVICES.
(Art. repealed and added July 15,
1957, P.L.937, No.404)
Section 1401. Definitions.--As used in this article-(1) "Children of school age" or "child of school age" means
every child attending or who should attend an elementary grade
or high school, either public or private, within the
Commonwealth and children who are attending a kindergarten which
is an integral part of a local school district.
(2) "Teachers" means professional employes, temporary
professional employes and substitutes and instructors in public
or private schools within the Commonwealth.
(3) "Other employes" means janitors, bus drivers, cooks and
other cafeteria help and all others employed at schools.
(4) "School physician" means a physician legally qualified
to practice medicine and surgery or osteopathy or osteopathic
surgery in the Commonwealth, who has been appointed or approved
by the Secretary of Health.
(5) "School dentist" means a doctor of dental surgery or
dental medicine legally qualified to practice dentistry in the
Commonwealth, who has been appointed or approved by the
Secretary of Health.
(6) "Family physician" means either a doctor of medicine
legally qualified to practice medicine and surgery in the
Commonwealth, or an osteopath or osteopathic surgeon legally
qualified to practice osteopathy or osteopathic surgery in the
Commonwealth, who has been designated by the parent or guardian
as the personal physician of the child.
(7) "Family dentist" means a doctor of dental surgery or
dental medicine legally qualified to practice dentistry in the
Commonwealth, who has been designated by the parent or guardian
as the personal dentist of the child.
(8) "School nurse" means a licensed registered nurse
properly certificated by the Superintendent of Public
Instruction as a school nurse who is employed by a school
district or joint school board as a school nurse, or is employed
in providing school nurse services to children of school age
by a county health unit or a department or board of health of
any municipality with which a school district or joint school
board has contracted for school health services pursuant to the
provisions of section 1411 of this act. The employment of any
nurse employed by a school district or joint school board as a
school nurse prior to the effective date of this act shall not
be affected by a contract for school health services that may
be entered into by any school district or joint school board
under the provisions of this act. ((8) amended Aug. 9, 1963,
P.L.641, No.339)
(9) "Dental hygienist" means a dental hygienist licensed
by the State Dental Council and Examining Board, who is assigned
to a school district or joint school board, or a dental
hygienist licensed by the State Dental Council and Examining
Board and certificated as a school dental hygienist by the
Superintendent of Public Instruction, who is employed by a
school district or joint school board as a dental hygienist.
The employment of any dental hygienist employed by a school
district or joint school board as a dental hygienist prior to
the effective date of this act shall not be affected by a
contract for school health services that may be entered into

by any school district or joint school board under the

provisions of this act.
(10) "Medical technician" means a person skilled in the
operation of X-ray or other diagnostic equipment having such
training and experience as required by the Secretary of Health.
(11) "Sanitarian" means a person having such training and
experience as required by the Secretary of Health and qualified
to conduct sanitary inspections of school buildings and grounds
in connection with water supply, sewage and refuse disposal,
food service, heating, lighting, ventilation and safety.
(12) "Asthma inhaler" means a prescribed device used for
self-administration of short-acting, metered doses of prescribed
medication to treat an acute asthma attack. (Def. added Nov.
30, 2004, P.L.1471, No.187)
(1401 repealed and added July 15, 1957, P.L.937, No.404)
Section 1402. Health Services.--(a) Each child of school
age shall be given by methods established by the Advisory Health
Board, (1) a vision test by a school nurse, medical technician
or teacher, (2) a hearing test by a school nurse or medical
technician, (3) a measurement of height and weight by a school
nurse or teacher, who shall use the measurement to compute a
child's weight-for-height ratio, (4) tests for tuberculosis
under medical supervision, and (5) such other tests as the
Advisory Health Board may deem advisable to protect the health
of the child. Vision tests shall be given at least annually and
other tests at intervals established by the Advisory Health
Board. ((a) amended July 11, 2006, P.L.1092, No.114)
(a.1) Every child of school age shall be provided with
school nurse services: Provided, however, That the number of
pupils under the care of each school nurse shall not exceed one
thousand five hundred (1,500). ((a.1) amended Dec. 7, 1965,
P.L.1041, No.390)
(b) For each child of school age, a comprehensive health
record shall be maintained by the school district or joint
school board, which shall include the results of the tests,
measurements and regularly scheduled examinations and special
examinations herein specified.
(c) Medical questionnaires, suitable for diagnostic
purposes, furnished by the Secretary of Health and completed
by the child or by the child's parent or guardian, at such times
as the Secretary of Health may direct, shall become a part of
the child's health record.
(d) All teachers shall report to the school nurse or school
physician any unusual behavior, changes in physical appearance,
changes in attendance habits and changes in scholastic
achievement, which may indicate impairment of a child's health.
The nurse or school physician or school dentist may, upon
referral by the teacher or on his own initiative, advise a
child's parent or guardian of the apparent need for a special
medical or dental examination. If a parent or guardian fails
to report the results to the nurse or school physician, the
nurse or school physician shall arrange a special medical
examination for the child.
(e) The school physicians of each district or joint board
shall make a medical examination and a comprehensive appraisal
of the health of every child of school age, (1) upon original
entry into school in the Commonwealth, (2) while in sixth grade,
(3) while in eleventh grade, and (4) prior to the issuance of
a farm or domestic service permit unless the child has been
given a scheduled or special medical examination within the
preceding four months. The health record of the child shall be

made available to the school physician at the time of the

regularly scheduled health appraisals.
(f) The Secretary of Health, upon petition of the school
board or joint school board or on his own initiative with the
concurrence of the school board or joint school board, may
modify for individual school districts the school health
services program specified in this section. The program as
modified shall conform to approved medical or dental practices
and shall permit valid statistical appraisals of the various
components of the program.
(1402 repealed and added July 15, 1957, P.L.937, No.404)
Section 1403. Dental Examinations and Dental Hygiene
Services.--(a) All children of school age in the Commonwealth,
(i) upon original entry into the school, (ii) while in the third
grade, and (iii) while in the seventh grade, shall be given a
dental examination by a school dentist: Provided, however, That
this requirement shall not apply to those school districts or
joint school boards which have instituted a program of dental
hygiene services as provided in subsection (b) of this section.
(b) Any school district or joint school board may institute
a program of dental hygiene services for children of school
age, which program shall be approved by the Secretary of Health,
and for that purpose may employ dental hygienists.
(1403 amended Aug. 27, 1963, P.L.1380, No.535)
Section 1404. Place of Examination; Use of Hospital
Facilities.--The school physician and school dentist shall
conduct medical, dental and other examinations in rooms set
aside for this special purpose and equipped with adequate
facilities and with such other accessories as may be required
by the Secretary of Health for the thorough examination of
children. The school physicians shall require the removal of
sufficient clothing to insure complete examination. If
facilities in schools are inadequate for conducting medical,
dental and other examinations, the school districts or joint
school boards and private schools may, subject to the approval
of the Secretary of Health, make arrangements for the use of
laboratories and facilities of hospitals or clinics for
examinations herein provided for.
(1404 repealed and added July 15, 1957, P.L.937, No.404)
Section 1405. Assistance; Presence of Parents.--Every school
physician shall be assisted by a school nurse and every school
dentist by a dental hygienist, if available, or trained
assistant, who shall be present during each examination. Parents
or guardians of children of school age shall be advised in
advance of the date of examination and urged to be present.
Medical examinations shall be made in the presence of the parent
or guardian of the child when so requested by the parent or
guardian.
(1405 repealed and added July 15, 1957, P.L.937, No.404)
Section 1406. Recommendations.--(a) Recommendations as to
medical, surgical or dental care shall be sent to each parent
or guardian and to the family physician or family dentist on
forms prepared or approved by the Secretary of Health with
instructions to the parent or guardian to consult the family
physician or family dentist and to notify the school authorities
of the action taken with respect to the recommendations.
(b) School physicians or school nurses shall inform teachers
of the health conditions of pupils which may affect behavior,
appearance or scholastic performance.
(c) Notice of the existence of and eligibility for the
program under Article XXIII of the act of May 17, 1921 (P.L.682,
No.284), known as "The Insurance Company Law of 1921," shall

be prepared by, paid for and provided to each school district

in Pennsylvania by the Insurance Department annually, not later
than the fifteenth day of August, in sufficient quantities to
provide the parent or legal guardian of every school student
enrolled in the district with such notice. The school district
shall provide such notice to the parent or guardian of each
student enrolled in the district during the school year. The
Insurance Department shall provide sufficient copies of the
notice to nonpublic schools upon request.
(1406 amended Dec. 9, 2002, P.L.1317, No.153)
Section 1407. Examinations by Examiners of Own Choice.--In
lieu of the medical or dental examinations prescribed by this
article, any child of school age may furnish the local school
officials with a medical or dental report of examination made
at his own expense by his family physician or family dentist
on a form approved by the Secretary of Health for this purpose.
The in lieu examinations shall be made and the report shall be
furnished prior to the date fixed for the regularly scheduled
examination but no earlier than four months prior to the opening
of the school term during which the regular examination is
scheduled.
(1407 repealed and added July 15, 1957, P.L.937, No.404)
Section 1408. Reports.--Every school district of the
Commonwealth or school districts jointly, school physicians,
school dentists and school nurses, shall file with the Secretary
of Health and/or the Superintendent of Public Instruction such
reports as required by the regulations of the two departments.
(1408 repealed and added July 15, 1957, P.L.937, No.404)
Section 1409. Confidentiality, Transference and Removal of
Health Records.--All health records established and maintained
pursuant to this act shall be confidential, and their contents
shall be divulged only when necessary for the health of the
child or at the request of the parent or guardian to a physician
legally qualified to practice medicine and surgery or osteopathy
or osteopathic surgery in the Commonwealth.
In the case of any child of school age who enrolls in any
school, public or private, in any district and who previously
attended school in another district in Pennsylvania, the
district or school wherein the child is newly enrolled shall
request and the district or school where the child previously
attended shall surrender the health record of the child. School
districts, joint school boards or private schools, shall not
destroy a child's health record for a period of at least two
years after the child ceases to be enrolled, but may surrender
such child's health record or portion thereof to his parent or
guardian if the child does not re-enroll in an elementary or
secondary school in Pennsylvania.
(1409 repealed and added July 15, 1957, P.L.937, No.404)
Section 1410. Employment of School Health Personnel.--(a)
Except as otherwise provided in this article, all school
districts alone or jointly with other districts or joint school
boards shall employ school physicians and school dentists but
only with the approval of the Secretary of Health, and shall
compensate them on a basis agreed upon by the school physician
or school dentist and the employing district or joint school
board, and shall employ one or more school nurses. Health
officers of municipalities may be appointed as school physicians
by school districts or joint school boards. For special
examinations recommended by school physicians, school districts
or joint school boards may engage the services of
ophthalmologists or other licensed medical specialists or of
optometrists. Any school district alone or jointly with other

districts or joint school boards may employ dental hygienists

and such other technical and clerical personnel as are necessary
to carry out the provisions of this article.
(b) A school nurse who is not CPR-certified by a Department
of Health-approved certifying agency by July 1, 2014, shall
complete CPR training within one (1) year. A person hired for
a position as a school nurse after July 1, 2014, shall be
CPR-certified or complete CPR certification through a Department
of Health-approved certifying agency within one (1) year of the
hire date. A school nurse shall complete CPR recertification
within the time frame established by the approved certifying
agency.
(1410 amended July 2, 2014, P.L.985, No.107)
Section 1411. Cooperation with Political Subdivisions.--Any
school district or joint school board may, in any health work
in which it is authorized to engage, cooperate with any county,
city, borough, town or township engaged in health work. Any
school district of the first class A may, with the approval of
the Secretary of Health and the Superintendent of Public
Instruction, contract with county health units or the department
or board of health of any municipality for school health
services.
(1411 amended Dec. 7, 1965, P.L.1041, No.390)
Section 1412. Municipal Civil Service Status Protected.--In
any school district of the first class or first class A, any
physician or nurse who is an employe with civil service status
under any municipal corporation within the territorial limits
of the school district and who performs any duty or duties under
this act shall continue to be an employe of the municipal
corporation and shall retain all of his or her civil service
rights and rights under the pension system of the said municipal
corporation.
(1412 repealed and added July 15, 1957, P.L.937, No.404)
Section 1413. Supplemental Duties of School
Physicians.--Duties of school physicians shall include the
vaccination of children of indigent parents, official
re-vaccination of children having temporary vaccination
certificates, physical examination of children incident to the
issuance of employment certificates as required by the
provisions of the Child Labor Act, approval of the return of
pupils who have been absent due to a contagious disease or
suspected contagious disease, and such other duties as may be
required by the board of school directors not inconsistent with
the rules and regulations of the Secretary of Health.
(1413 repealed and added July 15, 1957, P.L.937, No.404)
Section 1414. Care and Treatment of Pupils.--Any school
district or joint school board may provide for the care and
treatment of defective eyes, ears and teeth of all children of
school age within the district.
(1414 added July 15, 1957, P.L.937, No.404)
Section 1414.1. Possession and Use of Asthma Inhalers and
Epinephrine Auto-Injectors.--(a) Each school entity shall
develop a written policy to allow for the possession and
self-administration by children of school age of asthma inhalers
and epinephrine auto-injectors, and the prescribed medication
to be administered thereby, in a school setting. The policy
shall comply with section 504 of the Rehabilitation Act of 1973
(Public Law 93-112, 29 U.S.C. 794) and 22 Pa. Code Ch. 15
(relating to protected handicapped students). The policy shall
be distributed with the code of student conduct required under
22 Pa. Code 12.3(c) (relating to school rules) and made

available on the school entity's publicly accessible Internet

website, if any.
(b) The policy under this section shall require a child of
school age that desires to possess and self-administer an asthma
inhaler or epinephrine auto-injector in a school setting to
demonstrate the capability for self-administration and for
responsible behavior in the use thereof and to notify the school
nurse immediately following each use of an asthma inhaler or
epinephrine auto-injector. The school entity shall develop a
system whereby the child may demonstrate competency to the
school nurse that the child is capable of self-administration
and has permission for carrying and taking the medication
through the use of the asthma inhaler or epinephrine
auto-injector . Determination of competency for
self-administration shall be based on age, cognitive function,
maturity and demonstration of responsible behavior. The school
entity shall also restrict the availability of the asthma
inhaler, the epinephrine auto-injector and the prescribed
medication contained therein from other children of school age.
The policy shall specify conditions under which a student may
lose the privilege to self-carry the asthma inhaler, the
epinephrine auto-injector and the medication if the school
policies are abused or ignored. A school entity that prevents
a student from self-carrying an asthma inhaler or epinephrine
auto-injector and the prescribed medication shall ensure that
they are appropriately stored at locations in close proximity
to the student prohibited from self-carrying and notify the
student's classroom teachers of the places where the asthma
inhaler or epinephrine auto-injector and medication are to be
stored and the means to access them.
(c) The policy under this section may include the following:
(1) The requirement of a written statement from the
physician, certified registered nurse practitioner or physician
assistant that provides the name of the drug, the dose, the
times when the medication is to be taken and the diagnosis or
reason the medicine is needed unless the reason should remain
confidential. The physician, certified registered nurse
practitioner or physician assistant shall indicate the potential
of any serious reaction that may occur to the medication, as
well as any necessary emergency response. The physician,
certified registered nurse practitioner or physician assistant
shall state whether the child is qualified and able to
self-administer the medication.
(2) The requirement of a written request from the parent
or guardian that the school entity comply with the order of the
physician, certified registered nurse practitioner or physician
assistant. The parent's note shall include a statement relieving
the school entity or any school employe of any responsibility
for the benefits or consequences of the prescribed medication
when it is parent-authorized and acknowledging that the school
entity bears no responsibility for ensuring that the medication
is taken.
(3) The ability of the school entity to reserve the right
to require a statement from the physician, certified registered
nurse practitioner or physician assistant for the continued use
of any medication beyond a specified time period. The school
entity shall also require updated prescriptions and parental
approvals on an annual basis from the pupil.
(d) As used in this section, "school entity" means a school
district, intermediate unit, charter school or area
vocational-technical school.

(e) Nothing in this section shall be construed to create,

establish or expand any civil liability on the part of any
school entity or school employe.
(f) Within one hundred twenty (120) days of the effective
date of this subsection, the Department of Health in
coordination with the Department of Education shall provide
technical assistance and resources and publish information on
the Department of Health's publicly accessible Internet website
regarding the administration of medication for allergies by
persons employed by a school entity, including the following:
(1) Proper use of epinephrine devices.
(2) The importance of following the school entity's student
services plan required under 22 Pa. Code 12.41 (relating to
student services) and its responsibilities to comply with
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and 22 Pa. Code Ch. 15.
(3) Recognition of the symptoms of a severe allergic
reaction.
(4) Requirements for proper access, storage and security
of student medications.
(5) Notification of appropriate persons following
administration of medications.
(6) Recordkeeping.
(1414.1 amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1414.1, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated
to the extent of the inconsistency.
Section 1415. Public Assistance for Medical, Dental or
Surgical Care.--If the medical record of any child at any time
discloses a condition which requires medical, dental or surgical
treatment and the parent or guardian states to the school
authorities that he is financially unable to have a physician
or dentist of his choice render such care, he shall be advised
that the cost of such care may be provided if application is
made to the appropriate county board of public assistance. Upon
application, the county board of assistance shall authorize
payment for necessary medical, dental or surgical care as
assistance as defined in the standards, rules and regulations
established by the Secretary of Public Welfare in consultation
with the Secretary of Health. If it appears that the parent or
guardian was financially able to pay for the medical, dental
or surgical care for which payment was made on the authorization
of a county board of assistance, the Department of Public
Welfare shall recover the amounts thus expended from the parent
or guardian liable for the support of such child as provided
in the support law.
(1415 amended Dec. 21, 1959, P.L.1956, No.712)
Section 1416. Precautions Against Spread of
Tuberculosis.--No person having any form of tuberculosis in a
transmissible stage shall be a pupil, teacher, janitor or any
other employe in any school except in a special school carried
on under the regulations made for such schools by the Secretary
of Health. The board of directors of any school district or
joint school board may appropriate the necessary funds to pay
for X-ray or other medical examinations to determine the
presence or absence of tuberculosis in any teacher, janitor or
other employe of the district.
(1416 added July 15, 1957, P.L.937, No.404)
Section 1417. Pupils Relieved from Compulsory
Attendance.--Any pupil prevented from attending school on

account of the health or sanitation laws of this Commonwealth,

or by the sanitary regulations of the local board of health or
the board of school directors, is relieved from complying with
the provisions of the act amended hereby concerning compulsory
attendance during the time he is prevented from attending
school.
(1417 added July 15, 1957, P.L.937, No.404)
Section 1418. Medical Examinations of Teachers and Other
Persons.--(a) All teachers, janitors, cooks and other cafeteria
help and all others employed at schools shall be required to
take a pre-employment medical examination, the results of which
shall be recorded on forms prescribed by the Secretary of Health
and shall be made available to the employing authorities.
(b) Each teacher, any other school employe and any person
providing services for school children under contract shall be
given tests for tuberculosis in accordance with rules and
regulations adopted by the Advisory Health Board. Each student
teacher and volunteer participating in student activities shall
be given the same tests for tuberculosis, but no person shall
be required to submit to a particular test if he shall furnish
a statement setting forth adequate reasons for being excused
from taking the test. In such case, an alternative method of
testing shall be administered.
(c) School boards may require a special medical examination
for any school employe at any time.
(d) Medical examinations shall be made by the school
physician of the district if provision therefor is made by the
district or joint school board or by a physician, certified
registered nurse practitioner or physician assistant of the
employe's own choice licensed or certified in this Commonwealth.
((d) amended Nov. 17, 2010, P.L.996, No.104 and Nov. 23, 2010,
P.L.1350, No.123)
(1418 amended July 14, 1971, P.L.229, No.47)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended subsec. (d), provided that any regulations that
are inconsistent with Act 104 are hereby abrogated to
the extent of the inconsistency.
Compiler's Note: Section 4 of Act 123 of 2010, which amended
subsec. (d), provided that any regulations that are
inconsistent with Act 123 are hereby abrogated to the
extent of the inconsistency.
Section 1419. Objections to Examinations or Treatment on
Religious Grounds.--This article shall not be construed to
compel any person to submit to any medical or dental examination
or treatment under the authority of this act when the person
or the parent or guardian of the person, if a minor, objects
to the examination or treatment on religious grounds or to
permit any discrimination against any person on account of such
objections: Provided, That exemption from medical or dental
examinations shall not be granted if the Secretary of Health
finds that facts exist under which the exemption constitutes a
present substantial menace to the health of other persons
exposed to contact with the unexamined person.
(1419 added July 15, 1957, P.L.937, No.404)
Section 1420. Examinations of School Buildings and
Grounds.--The Secretary of Health shall employ sanitarians or
request local health authorities to assign a sanitarian to make
a careful examination of all privies, water-closets, urinals,
cellars, the water-supply and drinking-vessels and utensils and
sewage and refuse disposal systems, lighting, heating and
ventilating systems, and such additional examinations of the

sanitary conditions of the school buildings and grounds as the

regulations of the Secretary of Health may require.
(1420 added July 15, 1957, P.L.937, No.404)
Section 1421. Powers and Duties of the Secretary of Health
and of the Superintendent of Public Instruction; Rules and
Regulations.--(a) The technical content of the medical, dental,
nursing and sanitary portions of the school health program shall
be prescribed by and under the general direction of the
Secretary of Health who shall-1. Approve all appointments of school physicians and school
dentists and prescribe their duties and formulate and prescribe
standards for medical technicians and sanitary officers for
employment in the school health program.
2. Suggest or recommend to the State Board of Education
standards of qualification for school nurses and dental
hygienists for employment by a school district or joint school
board in the school health services program and advise school
administrators on matters connected with carrying out the school
health program. (2 amended Oct. 21, 1965, P.L.601, No.312)
(b) The administration and supervision of the educational
and teaching aspects of the program shall be the responsibility
of the Superintendent of Public Instruction who shall-1. Approve certification of school nurses and dental
hygienists for employment by a school district or joint school
board and administer and direct their services and program:
Provided, That the services of school nurses and dental
hygienists shall be utilized exclusively in connection with
medical and dental examinations and associated health
activities.
2. Advise the Secretary of Health and school physicians and
school dentists on matters pertaining to the educational impact
of the school health services program.
(c) The Secretary of Health and the Superintendent of Public
Instruction, after consultation, shall-1. Adopt such records and report forms as will facilitate
the efficient operation, administration and comprehensive
evaluation of the school health program.
2. Adopt and enforce rules and regulations for the school
health program not inconsistent with the provisions of this
act.
(1421 repealed and added July 15, 1957, P.L.937, No.404)
Section 1422. Advisory Health Councils.--District
superintendents may set up advisory health councils to study
health needs, assist in organizing follow-up programs and
provide recommendations on the development of the local wellness
policy required under section 1422.1. To every extent possible,
an advisory health council shall be composed of district
representatives, including a school administrator, a student
and a school food service professional, and representatives of
the medical and dental associations, social organizations,
parent-teacher associations, service clubs, physical education,
health education, school counseling, school psychological and
social services, health and wellness professionals, including
a certified school nurse and a licensed dietitian, and other
family and community organizations in the area served. Those
making the medical and dental examinations shall make to this
advisory council an annual report, and later a report on the
remedial work which has been accomplished during the school
year.
(1422 amended July 11, 2006, P.L.1092, No.114)
Section 1422.1. Local Wellness Policy.--(a) Not later than
the first day of the school year beginning after June 30, 2006,

each local education agency shall, pursuant to section 204 of

the Child Nutrition and WIC Reauthorization Act of 2004 (Public
Law 108-265, 118 Stat. 729), establish a local wellness policy
for schools within the local education agency.
(b) ((b) deleted by amendment)
(c) A local education agency may submit its local wellness
policy or information on other initiatives regarding child
health, nutrition, food allergy reaction management and physical
education to the Department of Education for inclusion in the
clearinghouse established under section 1422.3(3).
(1422.1 amended June 30, 2012, P.L.684, No.82)
Section 1422.2. Interagency Coordinating Council for Child
Health, Nutrition and Physical Education.--(a) The Secretary
of Education, the Secretary of Health and the Secretary of
Agriculture shall establish an interagency coordinating council
which shall annually review, revise and publish a Pennsylvania
Child Wellness Plan to promote child health, nutrition and
physical education. The council shall be composed of employes
of the Department of Education, the Department of Health and
the Department of Agriculture. The Secretary of Education shall
appoint the chairman of the council.
(b) The Secretary of Education shall establish an advisory
committee to offer recommendations to the council. The secretary
shall appoint no fewer than eight members to the advisory
committee, who may include experts from the fields of health,
education, research, community development and business. The
advisory committee shall meet at least twice annually.
(c) In the initial publication of the Pennsylvania Child
Wellness Plan to promote child health, nutrition and physical
education, the council shall integrate the contents of the
Pennsylvania Nutrition and Activity Plan to Prevent Obesity and
Related Chronic Diseases and shall include additional
recommendations regarding:
(1) Nutritional guidelines for food and beverages sold in
schools.
(2) Local wellness policies.
(3) Physical education curriculum.
(4) Teaching about nutrition and obesity.
(5) The utilization of any Federal funds identified by the
council that may be available to local education agencies to
enhance initiatives regarding child health, nutrition, physical
education, local wellness policies and advisory health councils.
(6) A process through which the Secretary of Education may
monitor and evaluate any outcomes that may result from the
implementation of initiatives regarding child health, nutrition,
physical education, local wellness policies and advisory health
councils.
(d) The council shall submit the plan to the Secretary of
Education, the Secretary of Health and the Secretary of
Agriculture no later than May 1, 2007, and May 1 of each year
thereafter. The Secretary of Education shall submit the final
plan to the Governor, the President pro tempore of the Senate,
the Minority Leader of the Senate, the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives by June 1, 2007, and June 1 of each year
thereafter. The final plan shall be included on the Department
of Education's, Department of Health's and Department of
Agriculture's Internet websites.
(1422.2 added July 11, 2006, P.L.1092, No.114)
Section 1422.3. Duties of Department of Education.--The
Department of Education shall, in order to promote initiatives

regarding child health, nutrition, food allergy management and

physical education:
(1) To every extent possible, include programs related to
child health, nutrition, food allergy management and physical
education as part of the continuing professional education
courses, programs, activities or learning experiences required
under section 1205.2(f).
(2) Collaborate with the Department of Health to apply for
Federal funds related to coordinated school health funding to
enhance initiatives regarding child health, nutrition, food
allergy management, physical education, local wellness policies
and advisory health councils.
(2.1) Identify, notify and assist school districts with
applying for Federal and State funds related to child health,
nutrition and food allergy reaction management. The information
can be provided through the department's e-grant system.
(3) Establish a clearinghouse of wellness policies and
information regarding child health, nutrition and physical
education submitted to the department by local education
agencies pursuant to section 1422.1(c). Such information shall
be made available on the department's Internet website.
(4) To every extent possible, maintain information related
to teaching about nutrition, food allergy management and
obesity, which information shall include concepts of healthy
eating, including nutrient density and portion control, and the
physical, psychological and nutritional causes of obesity. Such
information shall be made available on the department's Internet
website.
(5) Publish recommended nutritional guidelines for food and
beverages sold in schools on the department's Internet website
on or after the effective date of this clause.
(6) In collaboration with the advisory health councils
created in section 1422, the department shall develop guidelines
for managing life-threatening food allergies in schools which
shall be published on the department's Internet website. The
guidelines shall be published on the department's Internet
website no later than January 31, 2011. The guidelines shall
assist school districts in addressing the following:
(i) The scope of the problem of childhood allergies and its
impact on school student health.
(ii) Types of detailed policies and protocols to help
prevent allergic reaction emergencies and deaths from
anaphylaxis in schools.
(iii) The systematic planning and multidisciplinary team
approach needed prior to school entry by the student with
life-threatening food allergies.
(iv) The school district staff's role and necessary training
in preventing exposure to specific allergens.
(v) Responsibilities of the parent or guardian, school staff
and the student's primary care provider for notice, consent and
documentation of administration of medication to a school
student with a food allergy.
(vi) Emergency response protocols should a life-threatening
allergic event occur.
(vii) The roles of specific staff members in the care of
the student with a life-threatening allergic condition.
(1422.3 amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended section 1422.3, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated
to the extent of the inconsistency.

Section 1423. Automatic External Defibrillators.--(a) The

department shall establish an automatic external defibrillator
program to assist school entities and nonpublic schools in
making automatic external defibrillators available in school
buildings.
(b) On a biennial basis, the department, in consultation
with the Department of General Services and the Department of
Health, shall issue an invitation to bid for the cost of
automatic external defibrillators and other equipment and
supplies necessary for the proper operation of the device. The
department shall accept the bid of the lowest responsible bidder
and permit any school entity or nonpublic school to purchase
the devices at the contract bid price. The department may
purchase automatic external defibrillators from any funds
appropriated pursuant to subsection (k) for distribution to
school entities and nonpublic schools.
(c) To be eligible to obtain or purchase automatic external
defibrillators under the program a school entity or nonpublic
school must:
(1) Assure that two (2) or more persons assigned to the
location where the automatic external defibrillator will be
primarily housed are trained as required in subsection (d).
(2) Ensure that the device will be secured in a safe and
readily accessible location and agree to properly maintain and
test the device according to the manufacturer's operational
guidelines.
(3) Submit a valid prescription for the device from a
licensed medical practitioner in this Commonwealth.
(4) Agree to provide the training required by subsection
(d).
(d) School personnel who are expected to use the automatic
external defibrillator shall complete training in
cardiopulmonary resuscitation and in the use of an automatic
external defibrillator provided by the American Heart
Association, the American Red Cross or through an equivalent
course of instruction approved by the Department of Health.
(e) A school entity may include the training required by
subsection (d) in its continuing professional education plan
submitted to the department under section 1205.1.
(f) The provisions of 42 Pa.C.S. 8331.2 (relating to good
Samaritan civil immunity for use of automated external
defibrillator) shall apply to school employes who render care
with an automatic external defibrillator.
(g) From funds appropriated for this purpose, the department
may assist school entities and nonpublic schools that are not
equipped with automatic external defibrillators by providing a
discount from the contract bid price obtained under subsection
(b) or by providing automatic external defibrillators obtained
under subsection (b).
(g.1) The purchase of an automatic external defibrillator
shall be considered an allowable use of Pennsylvania
Accountability Grants under section 2599.2(b).
(g.2) The purchase of automatic external defibrillators
shall be considered an innovative educational program under
Article XVII-F of the act of March 4, 1971 (P.L.6, No.2), known
as the "Tax Reform Code of 1971."
(h) (Reserved).
(i) Not later than June 30, 2014, and each year thereafter,
each school entity shall make a report to the department
detailing the number, condition, age and placement of automatic
external defibrillators in each school building. After the
initial report is made, a school entity may report this

information as part of the annual report required by the

Commonwealth under section 2505.1 to receive State reimbursement
for health services.
(i.1) A nonpublic school that participates in the automatic
external defibrillator program under subsection (b) or (g) shall
be subject to the reporting required under subsection (i).
(i.2) The department shall annually publish a report on its
publicly accessible Internet website no later than December 31,
2014, and each year thereafter. The report shall contain the
following information:
(1) The total number of automatic external defibrillators
by school entity and nonpublic school.
(2) The number of school buildings by school entity and
nonpublic school that are equipped with automatic external
defibrillators.
(3) The number of school buildings by school entity and
nonpublic school that are not equipped with automatic external
defibrillators.
(j) The department may adopt guidelines as necessary to
administer this section.
(k) The General Assembly may appropriate funds to carry out
the provisions of this section.
(l) As used in this section-"Automatic external defibrillator" means a portable device
that uses electric shock to restore a stable heart rhythm to
an individual in cardiac arrest.
"Department" means the Department of Education of the
Commonwealth.
"Nonpublic school" means a nonprofit school, other than a
public school within this Commonwealth, wherein a resident of
this Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and which meets the
applicable requirements of Title VI of the Civil Rights Act of
1964 (Public Law 88-352, 78 Stat. 241).
"School building" means a building owned by or under the
control of a school entity or nonpublic school where classes
are taught or extracurricular activities are conducted on a
regular basis.
"School entity" means an area vocational-technical school,
a charter school, a cyber charter school, an intermediate unit
or a school district.
"Secretary" means the Secretary of Education of the
Commonwealth.
(1423 amended Apr. 18, 2014, P.L.427, No.35)
Section 1424. Cardiopulmonary Resuscitation.--(a) A school
entity shall have at each school, or in the case of a cyber
charter school at each location, under its jurisdiction, except
in extenuating circumstances, one person certified in the use
of cardiopulmonary resuscitation during regular school hours
when school is in session and students are present.
(b) The provisions of 42 Pa.C.S. 8332 (relating to
nonmedical good Samaritan civil immunity) and 8337.1 (relating
to civil immunity of school officers or employees relating to
emergency care, first aid and rescue) shall apply to a person
who renders cardiopulmonary resuscitation.
(c) As used in this section, "school entity" means an area
vocational-technical school, a charter school, a cyber charter
school, an intermediate unit, a nonpublic school or a school
district.
(1424 added June 30, 2012, P.L.684, No.82)
ARTICLE XV.

TERMS AND COURSES OF STUDY.

(a)

School Terms.

Section 1501. Minimum Number of Days; School Month.--All

public kindergartens, elementary and secondary schools shall
be kept open each school year for at least one hundred eighty
(180) days of instruction for pupils. No days on which the
schools are closed shall be counted as days taught, and no time
shall be counted as a pupil session for any activity to which
admission is charged. No school district shall be required to
change its graduation schedule or require graduating students
to return to school after graduation to make up class days lost
due to severe weather conditions or, in the school year
1979-1980 for situations beyond the control of the school
district as a result of major construction and renovation to
the school building. No district which makes a bona fide effort
as determined by the Secretary of Education to provide one
hundred eighty (180) days of instruction for graduating students
shall receive less subsidy payments or reimbursements than it
would otherwise be entitled to receive on account of the school
year because of the provisions of this section. Unless otherwise
provided by this act, the board of school directors in any
district or joint board may keep such other schools or
departments as it may establish open during such time as it may
direct.
Twenty days of actual teaching shall constitute a school
month.
(1501 amended June 30, 1980, P.L.279, No.80)
Compiler's Note: Section 16.1 of Act 16 of 2000 provided
that a school district of the first class shall commence
the 2000-2001 school year and each school year thereafter
no later than the first Wednesday after Labor Day and
shall provide school students with a minimum
instructional year as required by section 1501 to be
completed no later than June 30.
Compiler's Note: See section 26 of Act 46 of 1998 in the
appendix to this act for special provisions relating to
school districts of the first class.
Section 1501.1. Weather Emergency of 1977.--(Eff. June 1,
1977, P.L.4, No.4, expired June 30, 1977)
Section 1501.2. Weather Emergency of 1978.--(Eff. Apr. 28,
1978, P.L.121, No.50, expired June 30, 1978)
Section 1501.3. Weather Emergency.--No school district shall
be required to change its graduation schedule or require
graduating students to return to school after graduation to
make up class days lost due to severe weather conditions. No
district which makes a bona fide effort as determined by the
Secretary of Education to provide one hundred eighty (180) days
of instruction for graduating students shall receive less
subsidy payments or reimbursements than it would otherwise be
entitled to receive on account of the school year because of
the provisions of this act.
(1501.3 added May 11, 1979, P.L.26, No.7)
Section 1501.4. Nuclear Emergency of 1979.--(a) For the
school year 1978-79 all public and approved private
kindergartens, elementary and secondary schools,
vocational-technical schools and intermediate unit programs of
instruction, located within five (5) miles of the Three Mile
Island Nuclear Plant, shall make every effort to keep open for
at least one hundred seventy-four (174) days of instruction for

pupils and for those located more than five (5) miles, one
hundred seventy-eight (178) days, and in the alternative, the
Secretary of Education shall authorize, without need of
application, each school district to have the option of
computing the instructional time on an hourly basis, rather
than a daily basis, of nine hundred (900) hours for elementary
and nine hundred ninety (990) hours for secondary schools. No
public or approved private kindergarten, elementary or secondary
school, vocational-technical school, or intermediate unit
program of instruction which was closed because of the Nuclear
Emergency and which makes a good faith effort as determined by
the Secretary of Education to keep open for at least one hundred
seventy-four (174) days and one hundred seventy-eight (178)
days as provided above or the optional hourly basis of
instruction for pupils shall receive less subsidy payments or
reimbursements than it would otherwise be entitled to receive
on account of the school year 1978-79. No employe of any school
closed by reason of the Nuclear Emergency of 1979 shall receive
more or less compensation than that to which the employe would
otherwise have been entitled to from the school district,
intermediate unit or vocational-technical school, had the
Nuclear Emergency of 1979 not occurred.
(b) An employe shall not receive additional salary for
services rendered on days or for hours rescheduled as a result
of the Nuclear Emergency of 1979, unless the number of days
rescheduled extends the number of days provided for in the
original school calendar; in which case, an employe shall
receive a pro rata increase for such additional days.
(c) A school district shall not be required to change its
high school graduation schedule or require graduating students
to return to school after graduation to demonstrate good faith
for the purposes of subsection (a).
(1501.4 added May 11, 1979, P.L.26, No.7)
Section 1501.5. Weather Emergency of 1985.--(1501.5 repealed
May 6, 1996, P.L.150, No.28)
Section 1501.6. Weather Emergency of 1994.--(1501.6 repealed
May 6, 1996, P.L.150, No.28)
Section 1501.7. Weather Emergency of 1996.--(a) This
section applies only to the school year 1995-1996 as a result
of the weather emergency of 1996.
(b) All school entities shall keep open for at least one
hundred eighty (180) days of instruction for students by using
all available days through June 30, 1996, and by using the
provisions of this section and section 1502(c).
(c) As an alternative to providing one hundred eighty (180)
days of instruction, the Secretary of Education shall authorize,
without need of application, each school entity to have the
option of computing instructional time on an hourly basis,
rather than a daily basis, of nine hundred (900) hours for
elementary and nine hundred ninety (990) hours for secondary
schools. Each school entity which elects to compute
instructional time on an hourly basis shall submit documentation
to the Secretary of Education verifying the completion of the
required hours of instruction.
(d) For purposes of computing instructional time pursuant
to this section, the Secretary of Education shall calculate
instructional days or time related to the weather emergency of
1996 prior to calculating any other lost instructional time.
(e) The chief commissioned officer of a school district,
intermediate unit or area vocational-technical school shall
upon the written request of a parent or guardian excuse any
student from school attendance if such student has the

opportunity to receive a program of advanced instruction, to

participate in academic or skills competition or to engage in
leadership development activities. The request shall identify
and describe the instruction, competition or leadership
development activities and the dates and hours for which the
absence is requested. The parent or guardian shall following
each such absence furnish in writing to the chief commissioned
officer a statement attesting to the student's participation,
including the dates and hours of such participation.
(f) The chief commissioned officer of a school district,
intermediate unit or area vocational-technical school shall
excuse a student to observe or participate in a religious
activity or function upon the written notification of such
observance or participation by the student's parent or guardian.
A student's absence from school pursuant to this subsection
shall be considered an instructional day and shall not be
recorded as an absence on the student's attendance record or
on the record of any group or class of which the student is a
member. There shall be no penalty attached for any such absences
pursuant to this subsection.
(g) No temporary professional or professional employe of
any school closed by reason of the weather emergency of 1996
shall receive more or less compensation than that to which the
employe would otherwise have been entitled to receive from the
school entity had the weather emergency of 1996 not occurred.
(h) No school entity which was closed because of the weather
emergency of 1996 and which makes a good faith effort, as
determined by the Secretary of Education, to meet the
requirements of this section shall receive less subsidy payments
or reimbursements than it would otherwise be entitled to receive
for the school year 1995-1996 had the weather emergency of 1996
not occurred.
(i) As used in this section, a school entity shall be any
school district, intermediate unit, joint school or area
vocational-technical school a child attends in order to fulfill
the compulsory attendance requirements of this act.
(j) If a school entity which has entered into an
out-of-State tuition agreement with an out-of-State school
district conforms with the provisions of the instructional time
authorized by the other state, the requirements of this section
shall be deemed to be complied with as it applies to the
students who are covered by the out-of-State tuition agreement.
(1501.7 added May 6, 1996, P.L.150, No.28)
Section 1502. Days Schools not to be Kept Open.--(a) Except
as provided in subsection (c), no school shall be kept open on
any Saturday for the purpose of ordinary instruction, except
when Monday is fixed by the board of school directors as the
weekly holiday, or on Sunday, Memorial Day, Fourth of July,
Christmas, Thanksgiving, the First of January and up to five
additional days designated as local holidays in the adopted
school calendar by the board of school directors as official
local school district holidays, nor shall any school be kept
open in any district during the time of holding the teachers'
institute for such district. The board of school directors may
cancel any day designated as a local holiday in the event of a
weather emergency or natural disaster.
((a) amended June 25, 1997, P.L.297, No.30)
(b) ((b) deleted by amendment)
(c) For the school year 1995-1996 only, the board of school
directors shall have the option of rescheduling instructional
days on Saturday, but for not more than one Saturday per month,
to make up instructional days lost from the adopted school

calendar because school was closed as a result of the weather

emergency of 1996. In those cases where a board of directors
chooses to reschedule instructional days on Saturdays in
accordance with the provisions of this section, schools within
such board's jurisdiction shall not schedule tests or
examinations on these Saturdays. Notwithstanding the provisions
of subsection (a), if the board of school directors reschedules
an instructional day on Saturday, the schools may be open the
following Monday.
(1502 amended May 6, 1996, P.L.150, No.28)
Compiler's Note: Section 3 of Act 1 of 1997 provided that
section 1502 is repealed insofar as it is inconsistent
with Act 1.
Section 1503. Additional Holidays; Vacations.--The board
of school directors in any district shall, by a majority vote,
decide which other holidays may be observed by special
exercises, and on which holidays, if any, the schools shall be
closed during the whole or part of the day. The board of school
directors of each district shall require that each school within
such district observes Veterans' Day by special exercises. The
board of school directors may provide for such vacations in its
district as it deems wise. No days on which the schools are
closed shall be counted as days taught.
(1503 amended July 10, 1969, P.L.157, No.63)
Section 1504. Dates and Times of School Terms and Sessions;
Commencement.--(a) The board of school directors of each school
district shall fix the date of the beginning of the school term.
Unless otherwise determined by the board, the daily session of
school shall open at nine ante-meridian and close at four
post-meridian, with an intermission of one hour at noon, and
an intermission of fifteen minutes in the forenoon and in the
afternoon. Upon request of a board of school directors for an
exception to the aforesaid daily schedule, the Secretary of
Education may, when in his opinion a meritorious educational
program warrants, approve a school week containing a minimum
of twenty seven and one-half hours of instruction as the
equivalent of five (5) school days, or a school year containing
a minimum of nine hundred ninety hours of instruction at the
secondary level or nine hundred (900) hours of instruction at
the elementary level as the equivalent of one hundred eighty
(180) school days. Professional and temporary professional
employes shall be allowed a lunch period free of supervisory
or other duties of at least thirty minutes. The provisions of
this subsection shall not be construed to repeal any rule or
regulation of any board of school directors now in effect which
provides for a lunch period longer than the minimum prescribed
herein or to repeal any action of any board of school directors
taken in compliance with section 7 of the act of July 25, 1913
(P.L.1024, No.466), entitled "An act to protect the public
health and welfare, by regulating the employment of females in
certain establishments, with respect to their hours of labor
and the conditions of their employment; by establishing certain
sanitary regulations in the establishments in which they work;
by requiring certain abstracts and notices to be posted; by
providing for the enforcement of this act by the Commissioner
of Labor and Industry and others; by prescribing penalties for
violations thereof; by defining the procedure in prosecutions;
and by repealing all acts and parts of acts inconsistent with
the provisions thereof," as amended. ((a) amended July 1, 1978,
P.L.575, No.105)

(b) If a school in any district due to crowded conditions

is unable to provide for the full time attendance of all pupils
during the school day, the board of school directors, with the
approval of the Department of Public Instruction first obtained,
may provide for two half-day sessions. The approval of the
Department of Public Instruction shall not exceed a period of
one year. Annual extensions may be granted by the Department
upon review of the circumstances of each case. Each half-day
session shall be four (4) hours in duration: Provided, That the
Superintendent of Public Instruction may reduce the half-day
session in the first and second grades, at the request of a
school district, for cogent reasons relating to the health,
safety or welfare of the children, if, in his opinion, the
school program submitted by the district shows that the local
program is adequate for these grades. Half-day sessions shall
be regarded as two regular sessions. Teachers employed for one
half-day session shall not be employed for the other on the
same day for the entire half-session, but may be required by
the school district to serve every school day for the same
number of hours prescribed by the board of school directors for
regular full-time teachers who teach full day sessions in the
same grades in the school district. Upon any violation or
failure to comply with the provisions of this subsection, the
Superintendent of Public Instruction, on hearing, after two (2)
weeks' written notice to the board of school directors, shall
withhold and declare forfeited the State appropriation for
reimbursement on account of the instruction of the pupils in
average daily membership in the sessions in which the
requirements are not met.
(c) The board of school directors may fix the date of the
school commencement and shall pay such expenses in connection
therewith as it may determine.
(1504 amended July 27, 1953, P.L.629, No.184)
(b)

Prescribed Courses and Instruction.

Section 1511. Subjects of Instruction; Flag Code.--In every

elementary public and private school, established and maintained
in this Commonwealth, the following subjects shall be taught,
in the English language and from English texts: English,
including spelling, reading and writing, arithmetic, geography,
the history of the United States and of Pennsylvania, civics,
including loyalty to the State and National Government, safety
education, and the humane treatment of birds and animals,
health, including physical education, and physiology, music and
art. Other subjects shall be taught in the public elementary
schools and also in the public high schools as may be prescribed
by the standards of the State Board of Education. All such
subjects, except foreign languages, shall be taught in the
English language and from English texts: Provided, however,
That, at the discretion of the Superintendent of Public
Instruction, the teaching of subjects in a language other than
English may be permitted as part of a sequence in foreign
language study or as part of a bilingual education program if
the teaching personnel are properly certified in the subject
fields. Each school district shall provide and distribute to
each pupil, enrolled in the eighth grade of the public schools,
one illustrated copy of the National Flag Code, and shall, from
time to time, make available such copies as are necessary for
replacements from year to year. It shall be the duty of each
teacher in the public schools to make such use of the code as
may, from time to time, seem proper.

(1511 amended July 31, 1968, P.L.1020, No.301)

Section 1511.1. Remedial Programs.--(a) Approved programs
in reading and in mathematics shall be established by each
school district for its public school students and by each
intermediate unit for nonpublic school students to serve those
students identified as requiring assistance as a result of
falling below an acceptable level of performance on tests
developed and administered pursuant to regulations adopted by
the State Board of Education. Annually, each school district
and intermediate unit shall submit an application to the
department for approval of a program of remediation services
to be funded through funds distributed pursuant to subsection
(b). Upon approval of the program, each school district and
intermediate unit shall be eligible for State funds made
available for such programs, as provided in subsection (b).
(b) Funds appropriated for remediation services and not
distributed through sections 2501(19), 2502(d) and 2502.5 shall
be distributed by the Department of Education to school
districts based on the number of public school students
identified for remediation and to intermediate units on behalf
of nonpublic school students for remediation. Funds distributed
to intermediate units shall be for services that are in addition
to any services provided in accordance with the provisions of
section 922.1-A and such funds shall be in addition to those
distributed in accordance with the provisions of section
922.1-A(d).
(c) It is the intent of the General Assembly that school
districts utilize revenue for similar programs from the Federal
Government to supplement State funds provided for in this act.
Further, the General Assembly directs the department to
guarantee, in its distribution of funds authorized by this act,
that the combined resources of State and Federal programs exceed
the resources which would be available from State sources if
Federal revenues for similar purposes were not available.
(1511.1 added June 29, 1984, P.L.438, No.93)
Section 1512. Courses of Study Adapted to Age, etc. of
Pupils.--The board of school directors in every school district,
with the advice, assistance and approval of the proper
superintendent of schools, shall arrange a course or courses
of study adapted to the age, development, and needs of the
pupils. These courses of study shall conform to any general
course of study arranged by the Superintendent of Public
Instruction, so far as the local conditions in the respective
districts permit.
Section 1512.1. Physical Education.--The board of school
directors in every school district shall establish a curriculum
aligned with Pennsylvania academic standards on health, safety
and physical education that pursuant to 22 Pa. Code 4.27
(relating to physical education and athletics), requires pupils
enrolled in the district to participate in physical education.
(1512.1 added July 11, 2006, P.L.1092, No.114)
Section 1513. Physiology and Hygiene.--Physiology and
hygiene, which shall in each division of the subject so pursued
include special reference to the effect of alcoholic drinks,
stimulants, and narcotics upon the human system, and which shall
also include special reference to tuberculosis and its
prevention as well as nutrition and obesity, shall be introduced
and studied as a regular branch by all pupils in all departments
of the public schools, and in all educational institutions
supported wholly or in part by appropriations from this
Commonwealth.
(1513 amended July 11, 2006, P.L.1092, No.114)

Section 1514. Humane Education.--Instruction in humane

education shall be given to all pupils up to and including the
fourth grade, and need not exceed half an hour each week during
the whole school term. No cruel experiment on any living
creature shall be permitted in any public school of this
Commonwealth.
Section 1515. Religious Literature.--(a) Courses in the
literature of the Bible and other religious writings may be
introduced and studied as regular courses in the literature
branch of education by all pupils in the secondary public
schools. Such courses shall be elective only and not required
of any student.
(b) Such courses shall be prepared and adopted according
to age levels by the Department of Public Instruction with the
advice and counsel of the Council of Basic Education and the
approval of the State Board of Education.
(1515 added Dec. 22, 1965, P.L.1144, No.442)
Section 1516. Bible Reading in Public Schools.--At least
ten verses from the Holy Bible shall be read, without comment,
at the opening of each public school on each school day. Any
child shall be excused from such Bible reading, or attending
such Bible reading, upon the written request of his parent or
guardian.
(1516 amended Dec. 17, 1959, P.L.1928, No.700)
Section 1516.1. Meditation and Prayer Periods.--(a) In
each public school classroom, the teacher in charge may, or if
so authorized or directed by the board of school directors by
which he is employed, shall, at the opening of school upon every
school day, conduct a brief period of silent prayer or
meditation with the participation of all the pupils therein
assembled.
(b) The silent prayer or meditation authorized by subsection
(a) of this section is not intended to be, and shall not be
conducted as, a religious service or exercise, but shall be
considered as an opportunity for silent prayer or meditation
on a religious theme by those who are so disposed, or a moment
of silent reflection on the anticipated activities of the day.
(1516.1 added Dec. 6, 1972, P.L.1412, No.305)
Section 1517. Fire and Emergency Evacuation Drills.--(a) In
all public schools where fire-escapes, appliances for the
extinguishment of fires, or proper and sufficient exits in case
of fire or panic, either or all, are required by law to be
maintained, fire drills shall be periodically conducted, not
less than one a month, by the teacher or teachers in charge,
under rules and regulations to be promulgated by the district
superintendent under whose supervision such schools are. In
such fire drills the pupils and teachers shall be instructed
in, and made thoroughly familiar with, the use of the
fire-escapes, appliances and exits. The drill shall include the
actual use thereof, and the complete removal of the pupils and
teachers, in an expeditious and orderly manner, by means of
fire-escapes and exits, from the building to a place of safety
on the ground outside.
(b) District superintendents are hereby required to see
that the provisions of this section are faithfully carried out
in the schools over which they have charge.
(c) Any person who violates or fails to comply with the
provisions of this section shall be guilty of a misdemeanor,
and on conviction shall be sentenced to pay a fine of not less
than twenty-five dollars ($25) nor more than five hundred
dollars ($500), or to undergo imprisonment in the county jail

for not less than (10) days or more than sixty (60) days, or
both.
(d) All schools using or contracting for school buses for
the transportation of school children shall conduct on school
grounds two emergency evacuation drills on buses during each
school year, the first to be conducted during the first week
of the first school term and the second during the month of
March, and at such other times as the chief school administrator
may require. Each such drill shall include the practice and
instruction concerning the location, use and operation of
emergency exit doors and fire extinguishers and the proper
evacuation of buses in the event of fires or accidents.
Bus operators shall be provided with proper training and
instructions to enable them to carry out the provisions of this
subsection and may be required to attend classes and drills in
connection therewith.
On or before the tenth day of April of each year, each
district superintendent shall certify to the Department of
Public Instruction that the emergency evacuation drills herein
required have been held.
(1517 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1518. Text Books and Instruction on Fire Dangers
and Prevention Drills.--(a) It shall be the duty of the
Superintendent of Public Instruction, in consultation with the
Pennsylvania State Police, to prepare books of instruction for
use of teachers of students of all grades, in the public and
private schools, with regard to the dangers of fire and the
prevention of fire waste. Such books of instruction shall be
published at the expense of the State, under the direction of
the Superintendent of Public Instruction, and shall be
distributed in sufficient quantities for the use of the teachers
in schools as herein provided. The curriculum of all schools
shall include some regular and continuous study of such subjects
during the entire school year. ((a) amended Sept. 28, 1951,
P.L.1551, No.395)
(b) It shall be the duty of the Superintendent of Public
Instruction, and of the principals or other persons in charge
of the various schools, to provide for the instruction and
training of pupils of such schools by means of drills, so that
they may in sudden emergencies be able to leave the school
buildings in the shortest possible time without confusion or
panic. Such drills shall be held at least once a month when the
schools are in session.
Section 1519. Teaching of Safe Driving of Motor Vehicles.-(a) Any school district may provide for the teaching of
safe driving of motor vehicles in the elementary and secondary
schools of the district or in the secondary schools only, in
accordance with the standardized program established by the
Department of Public Instruction. In the case of pupils under
the age of sixteen (16) years, such instruction shall be limited
to class room instruction by those who shall possess the
qualifications prescribed by the State Board of Education. In
the case of pupils of the age of sixteen (16) years and over,
the instruction may include practical instruction in the
operation of motor vehicles on the public highways, or other
places, selected by the board of school directors or by the
principal of the school where the instruction is given.
(b) The board of school directors may employ and fix the
compensation of qualified persons to teach the practical
operation of motor vehicles on the highways, or elsewhere, who
shall possess the qualifications prescribed by the State Board
of Education. Teacher aides may be used in the practice driving

phase of the standardized program in the public schools of the

Commonwealth. The Superintendent of Public Instruction shall,
upon the request of the local chief school administrator for
employment of a teacher aide, provide for an oral examination,
a written theoretical examination and a practical examination.
In addition, the applicant shall possess the following
qualifications: (1) satisfactory completion of the examination
provided by the Superintendent of Public Instruction, (2)
possess a high school diploma, (3) have a motor vehicle
operator's record free of violation of "The Vehicle Code" and
other traffic laws and free of accidents, (4) completed a
three-credit course in driver education, (5) shall complete an
additional nine hours of credit in General and Traffic Safety
Education within a three year period of employment, and (6)
shall be eligible according to the provisions in section 1209
of the "Public School Code of 1949." The board of school
directors may purchase, rent or hire motor vehicles for such
instruction and shall procure or require automobile liability
insurance in such amounts as the board of school directors shall
prescribe covering vehicles owned or operated pursuant to this
section. Such insurance shall be for the public liability of
the owner of the vehicle, when the owner is some one other than
the school district, the employe of the school district, the
employe of the owner and the pupil operating the vehicle,
against claims for damages, for injuries to person or property.
No liability shall attach to any individual, school director,
superintendent, teacher or other school authority by reason of
teaching safe driving, except that which is protected by the
automobile liability insurance policies which are procured by
reason of the authority granted herein. ((b) amended Jan. 26,
1966, 1965 P.L.1620, No.574)
(b.1) Notwithstanding any other provision of this section
or any other law, except for subsection (b)(6) and section 111,
a person who possesses the qualifications of a teacher or a
director under section 4(2) of the act of January 18, 1952 (1951
P.L.2128, No.605), referred to as the Private Driver Education
or Training School Act, shall not be required to meet the
certification requirements under Article XII in order to be
permitted to provide classroom instruction under this section,
provided that the employing school district has posted the
vacant position for a minimum of ten (10) days on the school
entity's publicly available Internet website and no qualified
candidate certified by the Department of Education to teach
driver and safety education is available to fill the position.
((b.1) added Apr. 12, 2012, P.L.239, No.31)
(c) The board of school directors may appropriate and expend
money of the school district for the purpose of paying the
compensation of the instructors and to purchase, rent or hire
motor vehicles, automobile liability insurance and to maintain
and repair the same and to purchase fuel, lubricants, parts and
accessories therefor.
(1519 amended Oct. 21, 1965, P.L.601, No.312)
Compiler's Note: See the preamble to Act 31 of 2012 in the
appendix to this act for special provisions relating to
legislative findings.
Section 1519.1. Standardized Driver-Education Program.-(a) The Department of Public Instruction shall establish,
for operation in the public school system of the Commonwealth,
a standardized driver-education program in the safe operation
of motor vehicles available to all public high school pupils
and all high school pupils attending nonpublic high schools.

(b) The Department of Public Instruction shall assist school

districts throughout the Commonwealth in the functioning of
such program by-(1) Preparation, publication and free distribution of
driver-education instructional material to insure a more
complete understanding of the duties of motor vehicle operators;
(2) Making such rules and regulations as may be necessary
to carry out such program.
(c) Annual expenditures of the Department of Public
Instruction from the Motor License Fund for (1) salaries and
expenses of employes of the Department of Public Instruction
essential to the program; (2) purchase of visual training aids
and psychophysical testing equipment; and (3) costs of
preparation, publication and distribution of driver-education
instructional material, for assistance to their driver-education
programs, shall not exceed three (3) per centum of the annual
total amount paid by the Commonwealth to all school districts,
or joint school organizations, on account of standardized
driver-education programs.
(1519.1 amended Jan. 24, 1966, 1965 P.L.1506, No.528)
Section 1520. American Form of Government to Be
Taught.--(1520 repealed May 9, 1949, P.L.939, No.263)
Section 1521. Limitation of Refusal to Enroll Student.--No
public or private school shall refuse to enroll any students
because of race or color.
(1521 added Dec. 15, 1986, P.L.1602, No.178)
Section 1522. Foreign Language Academies.--(a) The
Department of Education shall establish a summer foreign
language academy grant program utilizing Federal education funds
and matching grants for students in this Commonwealth. To the
greatest extent possible, the department shall establish
guidelines for the programs which involve the universities and
colleges, local school districts and intermediate units. Those
students who are to participate in the program shall be selected
by the local school districts.
(b) At least one summer foreign language academy shall be
in operation by the summer of 1993.
(c) The department shall prepare an annual report of the
summer foreign language academies program which shall be
submitted to the Governor, the Education Committee of the Senate
and the Education Committee of the House of Representatives.
(1522 added Aug. 5, 1991, P.L.219, No.25)
Section 1523. Pupil's Right of Refusal; Animal
Dissection.--(a) Public or nonpublic school pupils from
kindergarten through grade twelve may refuse to dissect,
vivisect, incubate, capture or otherwise harm or destroy animals
or any parts thereof as part of their course of instruction.
(b) Schools shall notify incoming pupils and their parents
or guardians of the right to decline to participate in an
education project involving harmful or destructive use of
animals and authorize parents or guardians to assert the right
of their children to refuse to participate in those projects.
Notice shall be given not less than three (3) weeks prior to
the scheduled course exercise which involves the use of animals.
(c) A pupil who chooses to refrain from participation in
or observation of a portion of a course of instruction in
accordance with this section shall be offered an alternative
education project for the purpose of providing the pupil an
avenue for obtaining the factual knowledge, information or
experience required by the course of study. If tests require
harmful or destructive use of animals, pupils shall be offered
alternative tests. A pupil shall not be discriminated against

based upon his or her decision to exercise the right afforded

that pupil by this section, and lowering a grade because a pupil
has chosen an alternative education project or test is strictly
prohibited.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
(1) "Alternative education project" shall include, but is
not limited to, the use of video tapes, models, films, books
and computers which would provide an alternate avenue for
obtaining the knowledge, information or experience required by
the course of study in question. The term also includes
"alternative test." A pupil has the right to refuse any
alternative education project or test which may involve or
necessitate any harmful use of an animal or animal parts.
(2) "Animal" shall mean any living organism of the kingdom
animalia in the phylum chordata, organisms which have a
notochord. The term also includes an animal's cadaver or severed
parts of any animal's cadaver.
(3) "Pupil" shall mean a person twenty-one (21) years of
age or under who is matriculated in a course of instruction in
an educational institution from kindergarten through grade
twelve. For the purpose of asserting the pupil's rights and
receiving any notice or response pursuant to this section, the
term also includes the parents or guardian of the matriculated
minor.
(1523 added July 9, 1992, P.L.403, No.88)
Section 1524. Recognition of American Sign Language
Courses.--(a) A student shall receive credit for completion
of a course in American Sign Language at the high school level
toward the satisfaction of the foreign language requirements
included in requirements for graduation established pursuant
to 22 Pa. Code Ch. 4 (relating to academic standards and
assessment). ((a) amended June 30, 2012, P.L.684, No.82)
(b) The teaching of American Sign Language as a language
alternative in the public schools of this Commonwealth shall
be provided by a properly certificated person as required by
Article XII.
(c) A properly certificated person shall hold a certificate
to teach according to section 1201 and provide proof of the
successful completion of a Department of Education-approved
program in American Sign Language.
(d) For purposes of this section, "American Sign Language"
means the complete and autonomous human language with its own
unique grammar frequently used as a form of communication by
the hearing-impaired communities.
(1524 added Dec. 9, 2002, P.L.1472, No.187)
Section 1525. Agreements with Institutions of Higher
Education.--Notwithstanding any other provision of law to the
contrary, a school district may enter into an agreement with
one or more institutions of higher education approved to operate
in this Commonwealth in order to allow resident students to
attend such institutions of higher education while the resident
students are enrolled in the school district. The agreement may
be structured so that high school students may receive credits
toward completion of courses at the school district and at
institutions of higher education approved to operate in this
Commonwealth.
(1525 added July 4, 2004, P.L.536, No.70)
Section 1526. Youth Suicide Awareness and Prevention.--(a)
Beginning with the 2015-2016 school year, each school entity
shall:

(1) Adopt an age-appropriate youth suicide awareness and

prevention policy consistent with subsection (c), inform each
school entity employe and the parent or legal guardian of each
student enrolled in the school entity of such policy and post
such policy on the school entity's publicly accessible Internet
website. The policy adopted by a school entity under this
paragraph may be based upon the model policy developed by the
department under subsection (b)(1).
(2) Include in the professional development plan submitted
by the school entity to the secretary for approval pursuant to
section 1205.1 four (4) hours of training in youth suicide
awareness and prevention every five (5) years for professional
educators in school buildings serving students in grades six
through twelve. Training under this paragraph may be used to
satisfy a professional educator's continuing professional
education requirement under section 1205.2. A school entity may
use the materials made available by the department under
subsection (b)(2) to conduct such training.
(b) The department shall:
(1) In consultation with a youth suicide prevention
organization operating in this Commonwealth, develop a model
youth suicide awareness and prevention policy which shall be
consistent with subsection (c).
(2) Compile, develop and post on its publicly accessible
Internet website the following, which may include materials
already publicly available:
(i) Recommended guidelines and educational materials for
the training required under subsection (a)(2).
(ii) Recommended resources and age-appropriate educational
materials on youth suicide awareness and prevention.
(3) Develop a model youth suicide awareness and prevention
curriculum and make such curriculum available to all school
entities and, upon request, to nonpublic schools. A school
entity may incorporate such curriculum into its existing
instructional program pursuant to the school entity's youth
suicide awareness and prevention policy.
(c) The model policy developed by the department under
subsection (b)(1) and any policy adopted by a school entity
under subsection (a)(1) shall include the following:
(1) A statement on youth suicide awareness and prevention.
(2) Protocols for administering youth suicide awareness and
prevention education to staff and students.
(3) Methods of prevention, including procedures for early
identification and referral of students at risk of suicide.
(4) Methods of intervention, including procedures that
address an emotional or mental health safety plan for students
identified as being at increased risk of suicide.
(5) Methods of responding to a student or staff suicide or
suicide attempt.
(6) Reporting procedures.
(7) Recommended resources on youth suicide awareness and
prevention programs, including current contact information for
such programs.
(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
Commonwealth.
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this

act and which meets the requirements of Title VI of the Civil

Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Professional educator." As defined in section 1205.2(o).
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area vocational-technical school.
"Secretary." The Secretary of Education of the Commonwealth.
(1526 added June 26, 2014, P.L.779, No.71)
Section 1527. Child Exploitation Awareness Education.--(a)
Beginning with the 2015-2016 school year, each school entity
may:
(1) Develop an age-appropriate child exploitation awareness
education program and incorporate such program into the school
entity's existing curriculum for students in kindergarten
through grade eight. In developing the program, the school
entity may use the model curriculum developed by the department
under subsection (b)(2).
(2) Include training in child exploitation awareness in the
professional development plan submitted by the school entity
to the secretary for approval pursuant to section 1205.1;
provided that a school entity shall provide four (4) hours of
such training every five (5) years for professional educators
assigned to teach courses into which child exploitation
awareness education has been incorporated under paragraph (1).
Training under this paragraph may be used to satisfy a
professional educator's continuing professional education
requirement under section 1205.2. A school entity may use the
materials made available by the department under subsection
(b)(1) to conduct such training.
(b) The department, in consultation with at least one
organization addressing child exploitation, shall:
(1) Develop a model child exploitation awareness curriculum,
which may include materials already publicly available, and
make such curriculum available to all school entities and, upon
request, to nonpublic schools.
(2) Compile, develop and post on its publicly accessible
Internet website recommended guidelines and educational
materials for the training provided for under subsection (a)(2),
which may include materials already publicly available.
(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.
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this
act and which meets the requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"Professional educator." As defined in section 1205.2(o).
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area vocational-technical school.
"Secretary." The Secretary of Education of the Commonwealth.
(1527 added June 26, 2014, P.L.779, No.71)
(c)

Records and Reports.

Section 1531. Grading, Classification and Promotion of

Pupils.--Teachers in the public schools shall, under the
direction of the proper superintendents of schools, grade and
classify the pupils in their schools so that they may pursue

the courses of study herein provided for, and all pupils found
proficient may be promoted twice each year.
(1531 amended May 9, 1949, P.L.977, No.279)
Section 1532. Records and Reports of Pupils; Districts
Second, Third and Fourth Class.--In school districts of the
second, third and fourth class, every teacher in the public
elementary or high schools shall make and keep a proper record
of the work and progress of each pupil, and at the end of each
term shall include, in the last monthly report required from
such teacher by the provisions of this act, the grade of
proficiency of each pupil and his standing in the several
branches pursued by him in said school, as well as the conduct
of such pupil, together with such recommendations for his
promotion or retention for additional preparation as such
teacher deems just and proper. Until his record and report as
herein required shall have been examined and approved by the
district superintendent, or the secretary of the board of school
directors, no teacher shall be paid any salary for the last
month of his term.
(1532 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1533. Record of Pupils at Beginning of Term.--The
district superintendent, or secretary of the board of school
directors, in every school district, shall on or before the
opening day of school in each term furnish to each teacher or
principal in every school a true copy of the standing of each
pupil in such school, together with the recommendation made
thereon by the principal or teacher of said school at the close
of the preceding term.
(1533 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1534. Monthly Reports to School Directors; Districts
Second, Third and Fourth Class.--In school districts of the
second, third and fourth class every teacher employed in the
public schools shall, at the end of each school month, or within
five days thereafter, make a report for the past month to the
board of school directors. Such reports shall state correctly
the number of days the schools were kept open, and, if closed
on any days, the reason therefor, the number, age, and sex of
all pupils, and the number of days attended by each. Such
reports shall be made on blank forms to be furnished the
teachers by the board of school directors. No teacher shall be
paid more than one-half of his salary for the current month
until such report is made. Such reports shall be filed with the
secretary of the board, and shall at all times be open to
inspection by the public. Any school principal may make such
report for the entire school.
(d)

Special Instruction and Observances.

Section 1541. Study of Birds, Trees and Conservation of

Resources.--Each day designated and proclaimed by the Governor
as Arbor Day shall be known also as Bird Day, and it shall be
the duty of every teacher in the public schools, to devote,
together with their pupils, at least two hours of such school
day to the study of birds, trees and general conservation of
resources; and it shall be the duty of all district
superintendents to see to it that the requirements of this act
are complied with.
(1541 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1542. Frances Willard Day.--September twenty-eighth,
or the school day nearest such day, in each year, shall be
designated as Frances Willard Day, and in each school district
and in each school a part of such day may be set apart for

instruction in the life of, and the principals advocated by,

Frances Willard.
Section 1543. William Penn Day.--In pursuance to
proclamation of the Governor, designating and calling for the
observance of the birthday of William Penn, appropriate
exercises with respect to the life of William Penn, the Founder
and Proprietor and Governor of Pennsylvania, and the principles
advocated by him in founding Pennsylvania, shall be held in the
public schools and other educational institutions under the
Commonwealth.
Section 1544. Free School Day.--The Governor shall annually
issue his proclamation, designating and calling upon the public
schools of this Commonwealth to observe Free School Day in
commemoration of the founding and development of free public
schools within this Commonwealth. Free School Day shall be
designated and observed each year between the dates of April
first and April eleventh, both days inclusive. In pursuance to
said proclamation of the Governor, appropriate exercises with
respect to, and special study concerning, the founding and
development of free public schools within this Commonwealth,
and the recognition of the efforts and achievements of Honorable
George Wolf, former Governor of this Commonwealth, Honorable
Samuel Breck, former State Senator, Honorable Thaddeus Stevens,
a member of the Legislature, relative thereto, shall be held
in the public schools and other educational institutions within
this Commonwealth.
Section 1545. Bill of Rights Week.--The Department of Public
Instruction shall designate a week during each year and
prescribe a uniform course of exercises to be carried out during
that week in the public schools to instill into the minds of
the pupils thereof the purpose, meaning and importance of that
portion of the Constitutions of the United States and of this
Commonwealth known as the "Bill of Rights." Such exercises shall
be in addition to the prescribed courses of study in such
schools.
Section 1546. Release of Pupils for Religious Instruction.-The superintendent of the school district shall, upon the
written request of a parent or other person in loco parentis,
excuse any student who is the child of that parent or person
in loco parentis from school attendance for a total of not more
than thirty-six (36) hours per school year in order to attend
classes for religious instruction: Provided, however, That the
request shall identify and describe the instruction, and the
dates and hours for which the absence is requested and that the
parent or person in loco parentis shall, following each such
absence, furnish in writing to the superintendent of the school
district a statement attesting that the child did in fact attend
the instruction and the dates and hours upon which such
attendance took place.
(1546 amended June 24, 1982, P.L.623, No.175)
Section 1547. Alcohol, Chemical and Tobacco Abuse
Program.--(a) Beginning with school year 1991-1992 and each
year thereafter, each public school student shall receive
mandatory instruction in alcohol, chemical and tobacco abuse
in every year in every grade from kindergarten through grade
twelve. The instruction shall be integrated within the health
course of study required in accordance with the State Board of
Education regulations. In grades where health is offered,
instruction may also be integrated into other appropriate
courses of study. In grades where health is not offered,
instruction shall be integrated into an appropriate curriculum
requirement as listed in 22 Pa. Code 5.4(b).

(1) This instruction:

(i) Shall be age appropriate.
(ii) Shall be sequential in method of study.
(iii) Shall discourage the use of alcohol, tobacco and
controlled substances.
(iv) Shall communicate that the use of illicit drugs and
the improper use of legally obtained drugs is wrong.
(2) School districts may utilize any appropriate public or
private materials, personnel and other resources in developing
and implementing this program of instruction. The Department
of Health, Office of Drug and Alcohol Programs, shall make
available information about appropriate curriculum materials
upon request of a school district. In developing its alcohol,
chemical and tobacco abuse instructional program, each school
district shall consult with the single county authority
designated by the Department of Health to provide drug and
alcohol services in the school district's area.
(b) Each school district is hereby authorized to develop
and offer programs relating to alcohol, chemical and tobacco
abuse for parents of students enrolled in the public schools.
If a school district does develop such programs, they shall be
developed in consultation with the single county authority
designated by the Department of Health to provide drug and
alcohol services in the school district's area. Such programs
shall be offered at no cost to parents.
(c) The Secretary of Education, in consultation with the
Secretary of Health, shall develop curriculum guidelines for
instruction on alcohol, chemical and tobacco abuse and the laws
governing their use and misuse. These guidelines shall encourage
the inclusion of the following elements where appropriate in
the instruction:
(1) Detailed factual information regarding the
physiological, psychological, sociological and legal aspects
of substance abuse.
(2) Detailed information regarding the availability of help
and assistance for students and their families with alcohol,
chemical and tobacco dependency problems.
(3) The goals of quality education as set forth in 22 Pa.
Code 5.13(f).
(4) Skills needed to evaluate advertisements for and media
portrayals of alcohol, chemical and tobacco products.
(5) Detailed instruction on the need for and the role of
lawful authority and law-abiding behavior, including interaction
with members of the legal and justice community.
(d) Beginning with the 1991-1992 school year and each year
thereafter, the Secretary of Education, in consultation with
the Secretary of Health, shall make available, to all school
districts and intermediate units, in-service training programs
based upon the instruction requirements established in
subsection (a) and the curriculum guidelines established in
subsection (c). The programs shall provide preparation for the
teaching of mandated instruction in alcohol, chemical and
tobacco abuse. The in-service programs may utilize the single
county authorities designated by the Department of Health or
such other institutions, agencies or persons as the Secretary
of Education deems appropriate.
(e) Beginning with the 1991-1992 school year, each school
district shall provide, as part of its in-service training,
programs on alcohol, drugs, tobacco and dangerous controlled
substances for all instructors whose teaching responsibilities
include courses of study in which mandated instruction
concerning alcohol, chemical and tobacco abuse is integrated.

To comply with this requirement, a school district may utilize

the programs made available by the Department of Education or
use other alternative programs.
(f) The governing board of each intermediate unit in which
a nonpublic school is located shall have the authority and the
duty to loan to all students attending nonpublic schools within
the intermediate unit all educational materials developed by
either the Department of Education or the Department of Health,
pursuant to this act for the instruction of public school
students on the nature and effects of drugs, alcohol, tobacco
and dangerous controlled substances. Local school boards need
not expend funds which are not provided by either the Federal
or State Government for drug education programs for the use or
loan of these materials. A nonpublic school may utilize the
in-service training programs made available by the Department
of Education through the intermediate unit.
(g) On or before June 1, 1991, the Secretary of Education
shall recommend to the General Assembly a plan to require and
assist each school district to establish and maintain a program
to provide appropriate counseling and support services to
students who experience problems related to the use of drugs,
alcohol and dangerous controlled substances.
(h) On or before June 1, 1992, the Secretary of Education
shall report to the General Assembly concerning the 1991-1992
school year activities of the Department of Education pertaining
to the provisions of this section and concerning proposed
1992-1993 school year activities of the Department of Education
pertaining to this section.
(i) The State Board of Education shall adopt rules and
regulations necessary for the implementation of this section.
(1547 amended Dec. 19, 1990, P.L.1362, No.211)
Section 1548. Instructional Support.--All provisions in 22
Pa. Code Chs. 14 (relating to special education services and
programs) and 342 (relating to special education services and
programs) pertaining to instructional support are optional for
school districts.
(1548 amended Apr. 27, 1998, P.L.270, No.46)
Section 1549. Agricultural Education.--(a) The General
Assembly declares it is the purpose of this section to:
(1) Require the department to develop and disseminate
agricultural education materials for school entities or private
or nonpublic kindergartens, elementary or secondary schools in
this Commonwealth. The materials shall incorporate agricultural
concepts into the basic school curricula and shall be designed
to educate the general student population about the importance
of the agriculture industry and the role of agriculture in the
students' lives.
(2) Encourage the agricultural education efforts of other
agencies where appropriate, including, but not limited to, those
of the county conservation districts, the Cooperative Extension
Service of The Pennsylvania State University, the University
of Pennsylvania Veterinary School, the Department of
Agriculture, the Department of Environmental Resources, the
Department of Community Affairs, the State System of Higher
Education and the Department of Transportation.
(b) The department shall have the power and its duty shall
be to:
(1) Provide, in conjunction with the Department of
Agriculture, resource information to educators and public and
private schools and organizations on agricultural education.
(2) Provide, in conjunction with the Department of
Agriculture, for the development and distribution to school

entities or private or nonpublic kindergartens, elementary or

secondary schools in this Commonwealth materials on agricultural
education. Such materials may include instruction on issues
related to agriculture, including, but not limited to, food
safety, pesticides, farmland preservation, waste management,
wetlands, nutrient management, food production and food
processing, animal health and statutory and regulatory
protections of the right to farm.
(3) Identify, recognize and establish, in conjunction with
the Department of Agriculture, awards for exemplary agricultural
education curricula developed in Commonwealth schools.
(4) Use local school district occupational advisory
committees, as well as the facilities and equipment of the
Department of Agriculture, to serve as the conduit to bring
youth and adult education programs into communities and schools,
focusing on agricultural industry issues of importance to this
Commonwealth.
(5) Maintain, in conjunction with the Department of
Agriculture, an inventory of agricultural education materials,
programs and resources available in Commonwealth agencies.
((b) amended Nov. 22, 2000, P.L.672, No.91)
(c) The secretary shall prepare and submit, in conjunction
with the Department of Agriculture, an annual report to the
Governor and the General Assembly on the status of agricultural
education in this Commonwealth. The report shall outline
agricultural education programs and achievements, highlight new
initiatives and recommend future program needs. ((c) amended
Nov. 22, 2000, P.L.672, No.91)
(d) (1) The Secretary of Education shall consult, at least
annually, with the Secretary of Agriculture and a cross section
of the agriculture and education communities to:
(i) Assess the trends and needs in agricultural education.
(ii) Consider the manner in which any funds are used to
support agricultural education activities.
(iii) Make recommendations to the Governor and the General
Assembly regarding legislative or regulatory changes to improve
agricultural education, pursuant to the preparation and
submittal of the report required by subsection (c).
(2) When consulting with a cross section of the agriculture
and education communities, the secretary shall consider seeking
comments from individuals named in lists submitted by the State
Council on Farm Organizations, the Agricultural Awareness
Foundation and the Pennsylvania Vocational-Agricultural Teachers
Association. Such lists may include, but not be limited to:
(i) Farmers.
(ii) Representatives of the agricultural processing and
agricultural marketing industries.
(iii) Faculty members of the College of Agricultural
Sciences of the Commonwealth's land-grant university.
(iv) Faculty members from a State System of Higher Education
institution, each of whom shall have background in or knowledge
of agricultural education.
(v) A teacher of vocational agriculture.
(vi) A teacher involved in agricultural education other
than vocational agriculture.
(vii) An administrator of a school entity which conducts
an agricultural education program.
(viii) A member of a local school district occupational
advisory committee.
(ix) Members of the public who are knowledgeable about
agricultural education.

(e) The following words and phrases when used in this

section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Farmer." Any person who engages in the accepted activities,
practices and procedures year after year to produce and prepare
for market poultry, livestock and their products or in the
production and harvesting of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and
commodities and whose operation is conducted on not less than
ten contiguous acres in area or, if less than ten contiguous
acres in area, has an anticipated yearly gross income of at
least ten thousand dollars ($10,000).
"School entity." A public school district, intermediate
unit or area vocational-technical school.
"Secretary." The Secretary of Education of the Commonwealth.
(1549 added June 30, 1995, P.L.220, No.26)
Compiler's Note: The Department of Community Affairs,
referred to in subsec. (a), was abolished by Act 58 of
1996 and its functions were transferred to the Department
of Community and Economic Development.
Compiler's Note: The Department of Environmental Resources,
referred to in subsec. (a), was abolished by Act 18 of
1995. Its functions were transferred to the Department
of Conservation and Natural Resources and the Department
of Environmental Protection.
Section 1550. Firefighter and Emergency Service
Training.--(a) Beginning with the 2003-2004 school year and
each school year thereafter, a school district may offer
firefighter and emergency service training as credit-earning
courses to students of the age of sixteen (16) years or older.
Such courses may include:
(1) Training as a Firefighter I from the National Board on
Fire Service Professional Qualifications.
(2) Training as an emergency medical technician pursuant
to the act of July 3, 1985 (P.L.164, No.45), known as the
"Emergency Medical Services Act."
(b) A school district that offers firefighter and emergency
service training as credit-earning courses shall provide
transportation to and supervision during any firefighter and
emergency service training program that takes place off school
grounds. Supervision of training shall be conducted as a
cooperative education program in accordance with the provisions
of 22 Pa. Code 11.28 (relating to out-of-school programs).
(1550 amended July 4, 2004, P.L.536, No.70)
Section 1551. Economic Education and Personal Financial
Literacy Programs.--(a) The department shall have the power
and its duty shall be to:
(1) Provide resource information on economics, economic
education and personal financial literacy to educators and
public and private schools and organizations.
(2) Provide for the distribution, including through the
department's Internet website, to school entities or private,
nonpublic, elementary or secondary schools in this Commonwealth,
teacher curriculum materials and other available resources,
including economic education partnership programs, on economic
education and personal financial literacy, including the basic
principle involved with earning, spending, saving and investing
money. The materials shall align with and complement existing
State standards for Economics, Family and Consumer Science, and

Career Education and Work as set forth in 22 Pa. Code Ch. 4

(relating to academic standards and assessment).
(3) Identify and recognize Commonwealth schools that
implement exemplary economic and economic education and personal
financial literacy curricula at each benchmark as set forth in
existing State standards for Economics, Family and Consumer
Science, and Career Education and Work as set forth in 22 Pa.
Code Ch. 4.
(4) Maintain an inventory of economic education and personal
financial literacy materials, programs and resources available
in Commonwealth agencies.
(b) In distributing materials and resources for use in
schools, the department shall consider those currently available
through international, national, Statewide and local economic,
banking trade and personal finance education organizations.
(c) (1) The department shall convene a task force on
economic education and personal financial literacy education
within ninety (90) days of the effective date of this section.
(2) The task force shall consist of nine (9) members
appointed by the secretary, in consultation with the Secretary
of Banking, representing school administrators, finance or
economics teachers, school boards, students, business leaders,
faculty from this Commonwealth's institutions of higher
education having a background in or knowledge of personal
financial literacy and other groups with expertise in financial
literacy education. The task force shall elect one (1) of its
members to serve as chairperson.
(3) The task force shall:
(i) Assess the trends and needs in economic education and
personal financial literacy.
(ii) Consider the manner in which any funds are used to
support economic education and personal financial literacy
activities.
(iii) Make recommendations to the Governor and the General
Assembly regarding legislative or regulatory changes to improve
economic education and personal financial literacy, pursuant
to the preparation and submittal of the report required by
subsection (d).
(d) The secretary and the Secretary of Banking shall jointly
prepare and submit, in conjunction with the task force, a
biennial report to the Governor and the General Assembly on the
status of economic education and personal financial literacy
programs in this Commonwealth. In addition to the
recommendations made in accordance with subsection (c)(3)(iii),
the report shall outline economic education and personal
financial literacy programs and achievements, highlight new
initiatives and recommend future program needs.
(e) The department may apply for any Federal, State or other
funding that may be available to carry out the provisions of
this section and may also use such unencumbered funds for grants
to school entities and other measures to encourage the
implementation of economic education and personal financial
literacy education programs.
(f) The following words and phrases when used in this
section shall have the meanings given to them in this
subsection:
" Department. " The Department of Education of the
Commonwealth.
" Personal financial literacy. " The integration of various
factors relating to personal financial management, including
understanding financial institutions, using money, learning to
manage personal assets and liabilities, creating budgets and

any other factors that may assist an individual in this

Commonwealth to be financially responsible.
" School entity. " A public school district, charter school,
cyber charter school, intermediate unit or area
vocational-technical school.
" Secretary. " The Secretary of Education of the
Commonwealth.
(1551 added Nov. 17, 2010, P.L.996, No.104)
Section 1552. State Standards for Business, Computer and
Information Technology Courses.--The Secretary of Education
shall establish State standards for business, computer and
information technology courses as provided in 22 Pa. Code
4.32 (relating to standards and reports) no later than eighteen
(18) months after the effective date of this section.
(1552 added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 1552, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1553. Dating Violence Education.--(a) The
department, through its Office for Safe Schools, and in
consultation with the State Board of Education, shall:
(1) Develop, within six (6) months of the effective date
of this section, a model dating violence policy to assist school
districts in developing policies for dating violence reporting
and response.
(2) Consult with at least one (1) domestic violence center
and at least one (1) rape crisis center in developing the model
dating violence policy.
(b) (1) Each school district may establish a specific
policy to address incidents of dating violence involving
students at school.
(2) The policy may include, but need not be limited to: a
statement that dating violence will not be tolerated; violence
reporting procedures; discipline procedures for students that
commit violence at school; and contact information for and
resources available through domestic violence programs and rape
crisis programs.
(3) A school district that establishes the policy shall:
(i) Publish the policy in any school district policy or
handbook that specifies the comprehensive rules, procedures and
standards of conduct for students at school.
(ii) Make the policy available on its publicly available
Internet website.
(iii) Provide parents and guardians with a copy of the
policy.
(4) The State Board of Education shall conduct a study of
the benefits and detriments of mandatory dating violence
education and shall submit a report of its recommendations to
the chairman and minority chairman of the Education Committee
of the Senate and the chairman and minority chairman of the
Education Committee of the House of Representatives within three
(3) years of the effective date of this section.
(c) (1) A school district may provide dating violence
training to guidance counselors, nurses and mental health staff
at the high school level. Upon the recommendation of the
district superintendent, other staff may be included or may
attend the training on a voluntary basis. The school district
may also provide dating violence training to parents.
(2) The dating violence training may include, but need not
be limited to: basic principles of dating violence; warning

signs of dating violence; the school district's dating violence

policy; appropriate responses to incidents of dating violence
at school; and services and resources available through domestic
violence programs and rape crisis programs.
(d) (1) A school district may incorporate dating violence
education that is age appropriate into the annual health
curriculum framework for students in grades nine (9) through
twelve (12). In developing such a policy, the school district
shall consult with at least one (1) domestic violence program
or rape crisis program that serves the region where the school
district is located.
(2) Dating violence education may include, but need not be
limited to: defining dating violence and recognizing dating
violence warning signs; characteristics of healthy
relationships; information regarding peer support and the role
friends and peers have in addressing dating violence; and
contact information for and the services and resources available
through domestic violence centers and rape crisis centers,
including detailed information concerning safety planning,
availability and enforcement of protection from abuse orders
and the availability of other services and assistance for
students and their families.
(3) The department, through its Office for Safe Schools,
in consultation with at least one (1) domestic violence center
and at least one (1) rape crisis center, shall provide school
districts with grade-appropriate educational materials regarding
dating violence and healthy relationships for the purpose of
assisting school districts in preparing an instructional program
on dating violence. The department may use educational materials
that are already publicly available for this purpose.
(4) A parent or legal guardian of a student who is under
eighteen (18) years of age, within a reasonable period of time
after the request is made, shall be permitted to examine the
dating violence education program instructional materials at
the school in which the student is enrolled.
(5) At the request of a parent or guardian, a student shall
be excused from all or parts of the dating violence education
program. The principal shall notify all parents or guardians
of their ability to withdraw their children from instruction
in the program by returning a signed opt-out form.
(e) Nothing in this section shall be construed as preventing
a person from seeking judicial relief from dating violence under
any other law or as establishing or modifying any civil
liability.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"At school." The term shall have the meaning given to school
property as defined in section 1301-A.
"Dating partner." A person, regardless of gender, involved
in an intimate relationship with another person, primarily
characterized by the expectation of affectionate involvement,
whether casual, serious or long term.
"Dating violence." Behavior where one person uses threats
of, or actually uses, physical, sexual, verbal or emotional
abuse to control the person's dating partner.
"Department." The Department of Education of the
Commonwealth.
"Domestic violence center." The term shall have the meaning
given in section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."

"Domestic violence program." The term shall have the meaning

given in section 2333 of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
"Rape crisis center." The term shall have the meaning given
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
"Rape crisis program." The term shall have the meaning given
in section 2333 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
(1553 added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: See section 23 of Act 104 of 2010, which
added section 1553, in the appendix to this act for
special provisions relating to legislative findings and
declarations.
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 1553, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1554. Holocaust, Genocide and Human Rights
Violations Instruction.--(a) (1) Beginning with school year
2015-2016, each school entity may offer instruction in the
Holocaust, genocide and human rights violations to students.
The instruction shall be integrated within the social studies
and language arts courses of study required in accordance with
State Board of Education regulations. Instruction may also be
integrated into other appropriate courses of study.
(2) The Holocaust, genocide and human rights violations
instruction permitted pursuant to paragraph (1) shall:
(i) Be age appropriate.
(ii) Be sequential in method of study.
(iii) Communicate the connection between national, ethnic,
racial or religious intolerance and the subjects described in
subsection (b).
(iv) Communicate the impact of personal responsibility,
civic engagement and societal response within the context of
the subjects described in subsection (b).
(3) School entities may utilize any appropriate public or
private materials, personnel and other resources in developing
and implementing the program of instruction permitted pursuant
to paragraph (1). The Department of Education shall distribute
information about appropriate curriculum materials to each
school entity. School entities may utilize any curriculum that
complies with the requirements of this subsection.
(b) (1) The Department of Education shall establish
curriculum guidelines no later than twelve (12) months after
the effective date of this section. The guidelines shall
encourage the inclusion of all of the following subjects where
appropriate in the instruction:
(i) The breadth of the history of the Holocaust, including
the Third Reich dictatorship, concentration camp system,
persecution of Jews and non-Jews, Jewish and non-Jewish
resistance and post-World War II trials.
(ii) The definition, history, response and actions taken
in the face of genocide, including the Holocaust and any other
genocide perpetrated against humanity, including the Rwandan
genocide and other genocides committed in Africa, Asia and
Europe.
(iii) Human rights violations.
(iv) Anti-Semitism, racism and the abridgment of civil
rights.

(2) The Department of Education shall work in consultation

with organizations and individuals that provide educational
expertise and resources related to the Holocaust, genocide and
human rights violations to develop the curriculum guidelines.
The guidelines shall state the minimum amount of instruction
necessary to adequately educate students on the Holocaust,
genocide and human rights violations.
(c) Beginning with the 2015-2016 school year, the Department
of Education shall make available, to all school entities,
in-service training programs based upon the instruction provided
for under subsection (a) and the curriculum guidelines
established pursuant to subsection (b).
(d) (1) Beginning with the 2015-2016 school year, each
school entity providing instruction under subsection (a) shall
provide, as part of its in-service training, programs on the
Holocaust, genocide and human rights violations for all
instructors whose teaching responsibilities include courses of
study in which instruction concerning the Holocaust, genocide
and human rights violations is integrated. A school entity may
utilize the programs made available by the Department of
Education or use other alternative programs that are consistent
with the provisions of this section.
(2) Employes required to complete continuing professional
education under section 1205.2 shall receive credit toward the
continuing professional education requirements where the
training program provided pursuant to paragraph (1) has been
approved by the Department of Education.
(e) The Department of Education shall provide the
guidelines, in-service training and any other materials
developed in accordance with this section to any nonpublic
school within this Commonwealth upon receiving a request from
the nonpublic school.
(f) The State Board of Education shall:
(1) Conduct a study regarding the manner in which
instruction in the Holocaust, genocide and human rights
violations is offered by school entities in this Commonwealth.
In conducting the study, the State Board of Education shall
request that each school entity provide the State Board of
Education with information concerning whether the school entity
offers such instruction and the manner in which such instruction
is offered. Each school entity shall provide information to the
State Board of Education in response to a request under this
paragraph. Following the 2016-2017 school year, but not later
than November 30, 2017, the State Board of Education shall issue
a report to the Governor, the Secretary of Education, the
Chairman and Minority Chairman of the Education Committee of
the Senate and the Chairman and Minority Chairman of the
Education Committee of the House of Representatives addressing
the following:
(i) The number of school entities offering instruction in
the Holocaust, genocide and human rights violations.
(ii) The number of school entities using the curriculum
guidelines established by the Department of Education under
subsection (b).
(iii) The number of school entities using the in-service
training programs made available by the Department of Education
under subsection (c).
(iv) A description of the manner in which school entities
are offering instruction in the Holocaust, genocide and human
rights violations, including the number of hours of instruction
offered, the grade levels at which such instruction is offered
and the course within such instruction is integrated.

(v) The recommendations for improvements to the offering

of instruction in the Holocaust, genocide and human rights
violations, including recommended legislation.
(2) Adopt a regulation, pursuant to the act of June 25,
1982 (P.L.633, No.181), known as the "Regulatory Review Act,"
to require school entities to offer instruction in the
Holocaust, genocide and human rights violations that is
consistent with subsections (a) and (b), if the study conducted
by the State Board of Education under paragraph (1) demonstrates
that less than ninety percent of the school entities are
offering instruction in the Holocaust, genocide and human rights
violations consistent with subsections (a) and (b).
(3) Adopt rules and regulations necessary for the
implementation of this section pursuant to the "Regulatory
Review Act."
(g) For purposes of this section, the term "school entity"
shall mean a school district, charter school, regional charter
school, cyber charter school, intermediate unit or area
vocational-technical school.
(1554 added June 26, 2014, P.L.776, No.70)
Compiler's Note: See the preamble to Act 70 of 2014 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
ARTICLE XV-A.
PROJECT LINK TO LEARN.
(Art. XV-A added July 11, 1996, P.L.633, No.107)
Section 1501-A. Legislative Findings.--The General Assembly
finds as follows:
(1) Pennsylvania's ability to compete in an increasingly
global economy depends upon its students being equipped with
the skills needed for the twenty-first century which includes
technology skills.
(2) Technologies such as computers, educational software,
satellite dishes and access to telecommunications networks have
the potential to significantly improve the education provided
to students in this Commonwealth and to enhance their ability
to participate in the increasingly technological and
information-driven economy of the twenty-first century.
(3) A well-trained and well-educated work force is essential
to the economic well-being of this Commonwealth.
(4) Many schools do not have sufficient financial resources
to provide students with access to advanced technologies, and
many school district teachers and staff do not have sufficient
training to effectively utilize technology in schools.
(5) There is a need for a widely accessible Statewide
telecommunications infrastructure in order to enable
Pennsylvania schools to receive and benefit from existing and
expected educational services and applications.
(1501-A added July 11, 1996, P.L.633, No.107)
Section 1502-A. Definitions.--As used in this article,
"Community college" shall mean a public college or technical
institute which is established and operated under Article XIX-A
and all branch campuses of a community college or technical
institute.
"Community education council" shall mean a nonprofit
educational organization, governed by a community-based board
of directors, which serves to provide access to post-secondary
education and training resources for citizens in educationally
underserved areas of this Commonwealth. (Def. amended Apr. 27,
1998, P.L.270, No.46)

"Department" shall mean the Department of Education of the

Commonwealth.
"Independent institution of higher education" shall mean an
institution of higher education which is operated
not-for-profit, located in and incorporated or chartered by the
Commonwealth, entitled to confer degrees as set forth in section
211 of the act of May 5, 1933 (P.L.289, No.105), known as the
"Nonprofit Corporation Law," or under 24 Pa.C.S. Ch. 65
(relating to private colleges, universities and seminaries) and
entitled to apply to itself the designation "college" or
"university" as provided for by standards and qualifications
prescribed under 24 Pa.C.S. Ch. 65.
"The Pennsylvania Education Network" or "PEN" shall mean the
Statewide telecommunications network which will be developed
by building upon and integrating, where appropriate, existing
telecommunications infrastructures and resources. Educational
institutions will be able to connect to this network to be
linked to other teachers, administrators, students, experts and
other information resources.
"State-owned institution" shall mean an institution which
is part of the State System of Higher Education under Article
XX-A and all branches and campuses of a State-owned institution.
"State-related institution" shall mean The Pennsylvania State
University, including the Pennsylvania College of Technology,
the University of Pittsburgh, Temple University and Lincoln
University and their branch campuses.
"Technology" shall mean any technical or scientific method
of sending, receiving, storing, packaging or assimilating audio,
video, graphics, data or any combination thereof by means of
electromagnetic signal and any equipment, processes and
facilities used for that purpose.
(1502-A added July 11, 1996, P.L.633, No.107)
Section 1503-A. Basic Education Grants.--(a) Grants shall
be allocated to school districts and to area
vocational-technical schools by the department from funds
appropriated for this purpose. A nonpublic school, an
intermediate unit or local library may participate in the grant
process through a partnership with a school district.
(b) Grants shall be used to:
(1) Improve the quality and quantity of educational
technology in accordance with minimum standards and
specifications developed by the department and the Office of
Administration.
(2) Equip schools and other entities with the appropriate
networking and Internet technologies to build the Pennsylvania
Education Network.
(3) Provide for the training of teachers and staff in ways
to effectively integrate the technology with the curriculum.
(4) Begin implementing the regional action plans that were
developed as part of the shared vision and action plan project
activities.
(5) Improve the quality of technology services at the State
Library of Pennsylvania.
(6) Acquire software systems to assess individual student
learning needs, customize instruction for individual students,
correlate Pennsylvania's academic standards to local school
curriculum resources, automate teachers' administrative
responsibilities and track individual student progress through
assessments and reports to teachers and parents.
(c) (1) Grants shall be allocated through a competitive
grant review process established by the Secretary of Education.

(2) School districts, charter schools, area

vocational-technical schools and intermediate units are eligible
to apply for grants as prescribed by the department. Maximum
grant awards will be established by the department based on a
formula that considers the market value/income aid ratio and
average daily membership. The department may establish matching
requirements for grant recipients.
(3) The application for a grant shall be made at such time
and in such form as the Secretary of Education may require.
(4) An applicant may collaborate or form a partnership with
one or more of the following: a political subdivision, a school
district, an area vocational-technical school, an intermediate
unit, a nonpublic school, a local library, an independent
institution of higher education, a State-owned institution, a
State-related institution, a community education council or any
other entity approved by the Department of Education.
(1503-A amended May 10, 2000, P.L.44, No.16)
Section 1504-A. Higher Education Funding.--(a) The
department and the Office of Administration shall establish
management teams to provide direction and oversight and to
distribute funds appropriated for the researching, planning and
development of the Pennsylvania Education Network which can
include when appropriate, but not be limited to, the following
focus areas:
(1) Documenting public and private technology resources,
including, but not limited to, existing telecommunications
networks, video conferencing capabilities and distance education
courses and identifying technology transfer opportunities that
can be leveraged for the Pennsylvania Education Network.
(2) Establishing technology grants to develop educational
content and implement Pennsylvania Education Network strategies
and connectivity by using competing technologies and
methodologies.
(i) Funds for grants shall be distributed through an
application at such time and in such form as the Secretary of
Education may require.
(ii) Applicants may include public and private institutions
of higher education, community education councils,
not-for-profit organizations in Pennsylvania and any other
entity approved by the Department of Education.
(iii) Priority shall be given to applications consisting
of partnerships.
(3) Implementing a shared Statewide vision and strategic
plan for building the Pennsylvania Education Network.
(4) Developing methods and resources to ensure educators
are able to use the technology effectively with the curriculum.
(5) Implementing a web-based application that makes all
articulation agreements among higher education institutions
available on the Internet.
((a) amended May 10, 2000, P.L.44, No.16)
(b) The management teams shall be comprised of
representatives from State-owned institutions, State-related
institutions, community colleges and independent institutions
of higher education in Pennsylvania, intermediate units,
community education councils and representatives from other
public and not-for-profit organizations in Pennsylvania.
(c) Project managers will be nominated by the institutions
in subsection (b). Prospective project managers shall be
reviewed and selected jointly by the department and the Office
of Administration.
(d) Each management team shall be responsible for defining
the scope of work, goals, objectives, task assignment and budget

for its respective focus area. Funds for management teams shall
be distributed through an application to the Office of
Administration and the department, to be approved through a
joint review process.
(e) Each team manager shall report to and shall be held
accountable by the Secretary of Education and the Secretary of
Administration or their designee, the form and manner to be
determined by the Secretary of Education.
(1504-A amended June 25, 1997, P.L.297, No.30)
Section 1505-A. Technology Grants for Equipment and
Services.--(a) The purposes of the technology grants to benefit
students in nonpublic and private schools are to:
(1) Improve the education Pennsylvania's nonpublic and
private school students receive.
(2) Increase nonpublic and private students' access to
worldwide information, expertise and resources available through
technology.
(3) Provide professional development opportunities to ensure
nonpublic and private school teachers can use technology
effectively with the curriculum.
(4) Complement Link-to-Learn's efforts and add value to the
Pennsylvania Education Network by forging collaborative
partnerships between educational institutions.
(5) Complement Federal technology initiatives.
(b) The Department of Education through intermediate units
shall have the power and duty to purchase computer hardware,
software, connectivity and related technology to loan them to
all children residing in this Commonwealth who are enrolled in
grades kindergarten through twelve of a nonpublic and private
school and may provide professional development opportunities.
The Secretary of Education shall establish a per capita formula
based on the number of eligible students in nonpublic and
private schools and each intermediate unit. Funds shall be
allocated to intermediate units who shall purchase and loan the
equipment to such children and may provide professional
development opportunities. Equipment and services shall not be
used for sectarian purposes.
(1505-A added Apr. 27, 1998, P.L.270, No.46)
Compiler's Note: The June 21, 1957 (P.L.390, No.212),
referred to as the Right-to-Know Law, referred to in
subsec. (e), was repealed by the act of Feb. 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
ARTICLE XV-B.
READ TO SUCCEED PROGRAM.
(Art. added June 26, 1999, P.L.394, No.36)
Section 1501-B. Establishment of Program.--There is hereby
established in the Department of Education the Read to Succeed
Program. The program shall provide competitive grants to school
districts and charter schools to build strong reading skills
in Pennsylvania students. The program shall emphasize students
with the greatest need for intensive reading instruction and
school programs that will enable students to learn to read by
the end of the third grade.
(1501-B added June 26, 1999, P.L.394, No.36)
Section 1502-B. Eligibility Requirements.--(a) The
Department of Education shall establish eligibility criteria
to be used to select schools and students in kindergarten
through third grade to participate in the Read to Succeed
Program.

(b) The secretary shall establish matching requirements for

grant recipients.
(1502-B added June 26, 1999, P.L.394, No.36)
Section 1503-B. Program Requirements.--School districts and
charter schools shall apply for grants as prescribed by the
Department of Education. The application will contain the
following:
(1) Identification of students with the greatest need.
(2) Methods of ongoing assessment.
(3) Reading instruction based on current reading research.
(4) Integration with the reading instruction programs and
activities of the school district.
(5) Professional development plan.
(6) Opportunities for extended learning time.
(7) Coordination with community-based reading activities,
including family literacy programs.
(8) Staff and program facilities.
(9) A multiyear plan that shows how the school district or
charter school will assume full financial and programmatic
responsibility for the Read to Succeed Program at the conclusion
of the grant period.
(10) The estimated budget for each specific program
activity.
(1503-B added June 26, 1999, P.L.394, No.36)
Section 1504-B. Technical Assistance and Monitoring.--The
Department of Education shall provide technical assistance and
establish methods to ensure the quality of the program receiving
a grant, including program monitoring and onsite visitation.
(1504-B added June 26, 1999, P.L.394, No.36)
Section 1505-B. Reports.--(a) A school district or charter
school participating in the Read to Succeed Program shall
provide program and fiscal reports as required by the Department
of Education.
(b) Beginning in the year 2000, the department shall submit
a report by December 31 of each year to the majority and
minority chairman of the Education Committee of the Senate and
the majority and minority chairman of the Education Committee
of the House of Representatives.
(1505-B added June 26, 1999, P.L.394, No.36)
ARTICLE XV-C.
EDUCATION SUPPORT SERVICES AND EDUCATIONAL
ASSISTANCE PROGRAMS.
(Hdg. amended Dec. 23, 2003, P.L.304, No.48)
Section 1501-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"2005 mathematics proficiency target." Forty-five percent
of students in a school entity scoring at a level equal to or
above proficient on the PSSA test in mathematics administered
to students in a school with an eleventh grade in the 2003-2004
school year. (Def. added July 13, 2005, P.L.226, No.46)
"2005 reading proficiency target." Fifty-four percent of
students in a school entity scoring at a level equal to or above
proficient on the PSSA test in reading administered to students
in a school with an eleventh grade in the 2003-2004 school year.
(Def. added July 13, 2005, P.L.226, No.46)
"Department." The Department of Education of the
Commonwealth.
"Eligible school entity." For the purposes of the
Educational Assistance Program operated pursuant to sections

1502-C and 1512-C, a school entity with one or more schools

identified by the Department of Education as having failed to
meet one or more academic performance targets in the 2002-2003
school year. (Def. amended July 4, 2004, P.L.536, No.70)
"Eligible student." A resident of this Commonwealth who is
enrolled full time in kindergarten through twelfth grade in a
school entity and is deemed eligible pursuant to section
1502-C(b) or section 1512-C(b). (Def. amended July 13, 2005,
P.L.226, No.46)
"Eligibility test." The Pennsylvania System of School
Assessment or a commercially prepared, standardized achievement
test approved by the Department of Education. A list of approved
tests under this article shall be published annually in the
Pennsylvania Bulletin.
"Grant." A grant awarded to a grant recipient under this
article.
"Grant recipient." A resident of this Commonwealth who is
a parent, guardian or person in parental relation to an eligible
student.
"Program." (Def. deleted by amendment Dec. 23, 2003, P.L.304,
No.48)
"Provider." A school entity, an institution of higher
education, a nonprofit or for-profit organization or a certified
teacher employed by a school entity, that is approved by the
Department of Education to provide education support services
or tutoring under the Educational Assistance Program.
"School entity." Shall mean:
(1) For purposes of the Educational Support Services
Program, any of the following located in this Commonwealth:
a school district, intermediate unit, joint school district,
area vocational-technical school, charter school, independent
school, licensed private academic school, accredited school,
a school registered under section 1327(b), the Scotland
School for Veterans' Children or the Scranton School for the
Deaf.
(2) For purposes of the Educational Assistance Program
established in section 1502-C, any of the following located
in this Commonwealth: a school district, joint school
district, area vocational-technical school or independent
school.
(1501-C amended Dec. 23, 2003, P.L.304, No.48)
Section 1502-C. Establishment of programs.
(a) Establishment.--The Education Support Services Program
and Educational Assistance Program are established within the
department to provide individual or small group instruction in
those subject areas assessed through a Pennsylvania System of
School Assessment test and required under the No Child Left
Behind Act of 2001 to strengthen the skills that an eligible
student needs to achieve the standards in 22 Pa. Code Ch. 4
(relating to academic standards and assessment), which shall
be provided at a time other than the regularly scheduled school
hours.
(b) Eligibility.--The department shall utilize the
Pennsylvania System of School Assessment test or other test
results to identify eligible students under this article. Scores
used to determine eligible students in each grade shall be
published annually in the Pennsylvania Bulletin.
(c) Approval.--A provider must be approved by the department
in order to provide education support services or tutoring under
the Educational Assistance Program under this article.
(1502-C amended Dec. 23, 2003, P.L.304, No.48)

Section 1503-C. Education Support Services Grant application

and approval.
(a) Application.--A prospective grant recipient shall apply
annually to the department for a grant to purchase education
support services for an eligible student from an approved
provider in a time and manner prescribed by the department.
(b) Required information.--An application submitted under
this section shall include verification of the eligibility test
results and such other information as the department may
require.
(1503-C amended Dec. 23, 2003, P.L.304, No.48)
Section 1504-C. Powers and duties of the department.
The department shall:
(1) Establish criteria to annually identify eligible
students.
(2) Approve providers.
(3) Adopt standards, procedures and guidelines to be
used to approve providers.
(4) Award grants to a grant recipient in an amount not
to exceed $500 per fiscal year for each eligible student.
(5) Establish minimum qualifications for individuals
utilized by providers of education support services.
(6) Establish periods during which applications will
be reviewed to accommodate the dates when results of approved
eligibility tests become available.
(7) Assess providers on an annual basis to determine
the academic progress of students who receive instruction
under this article.
(8) Provide educational assistance funding to school
entities pursuant to section 1512-C.
(1504-C amended Dec. 23, 2003, P.L.304, No.48)
Section 1505-C. Providers.
(a) Application.--A prospective provider shall submit an
application to the department for approval to provide education
support services or tutoring under the Educational Assistance
Program under this article. The application shall include a
description of the services to be provided, a description of
the curriculum to be used, the cost of the services, the
qualification of all individuals providing those services,
including evidence of compliance with section 111 and with 23
Pa.C.S. 6355 (relating to requirement), a description of an
assessment mechanism to be used to determine the academic
progress of students who receive tutoring services, and such
other information as may be required by the department.
(b) Revocation of approval.--The department shall revoke
the approval of any provider for which the annual assessments
required under section 1504-C(7) demonstrate that 20% or more
of the students for whom the provider has provided education
support services under section 1507-C or tutoring services under
section 1512-C failed to make academic progress for two
consecutive years.
(1505-C amended Dec. 23, 2003, P.L.304, No.48)
Section 1506-C. Notification of program.
A school entity in this Commonwealth shall notify parents
of the availability of education support services and tutoring
under the educational assistance program at such time as the
parents receive the results of any eligibility test or whenever
the school entity recommends tutoring under the educational
assistance program.
(1506-C amended July 13, 2005, P.L.226, No.46)
Section 1507-C. Payment of educational support services grants.
(Hdg. amended Dec. 23, 2003, P.L.304, No.48)

(a) Certificates.--A certificate for education support

services under this article shall be issued by the department
in an amount authorizing up to $500 for each eligible student
identified on the certificate. The certificate shall be issued
to the grant recipient and shall be valid only for the fiscal
year in which it is issued. After receiving the certificate
from a grant recipient, the provider shall include the following
information on the certificate: name of eligible student served,
type of instruction, date and length of instruction and cost
of instruction provided to the eligible student. When the amount
of the certificate has been utilized or when the eligible
student is no longer receiving education support services from
the provider, the provider shall return the completed
certificate to the grant recipient for submission to the
department for payment. The department shall make payment
directly to the grant recipient for the amount due. Grant
recipients must send all outstanding certificates to the
department for payment no later than 90 days after receiving
the completed certificate from the provider.
(b) Penalty for grant recipients.--A grant recipient who
knowingly defrauds the Commonwealth by receiving reimbursement
for education support services not rendered to the eligible
student and grant recipient identified on the certificate
commits a misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not more than $1,000
per violation and shall be disqualified from eligibility for
an additional grant for a period of not less than five years.
(c) Penalty for providers.--A provider that knowingly
violates section 1509-C or knowingly defrauds the Commonwealth
by receiving reimbursement for education support services not
rendered to the eligible student and grant recipient identified
on the certificate commits a misdemeanor of the third degree
and shall, upon conviction, be sentenced to pay a fine of not
more than $1,000 per violation and shall be barred from
participation in the program for not less than five years.
(1507-C added May 17, 2001, P.L.4, No.4)
Section 1508-C. Limitations.
(a) Amount.--The amount of educational support services
grants provided under this article in a fiscal year shall be
limited to the funds appropriated for that purpose. No more
than 10% of the total funds appropriated for this program in
any fiscal year shall be awarded to grant recipients within a
specific school district except that, if the department
determines that all school entities in the Commonwealth have
had an opportunity to participate in the program and that funds
remain available, it may waive the 10% limitation under this
subsection. ((a) amended Dec. 23, 2003, P.L.304, No.48)
(b) Availability of funds.--In the event that the funds
appropriated in any fiscal year are insufficient to provide
grants to all grant recipients, grants shall be awarded on a
first-come, first-served basis. The department shall hold a
portion of the funds in reserve to ensure that money is
available for each application period established under section
1504-C(6).
(1508-C added May 17, 2001, P.L.4, No.4)
Section 1509-C. Confidentiality.
Nothing in this article shall authorize the department, a
school entity or a provider to release or otherwise utilize
student identifiable information or individual student test
scores for purposes other than the administration of this
article.
(1509-C added May 17, 2001, P.L.4, No.4)

Section 1510-C. Nontaxable income.

A grant received by a grant recipient shall not be considered
to be taxable income for the purposes of Article III of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
of 1971.
(1510-C added May 17, 2001, P.L.4, No.4)
Section 1511-C. Applicability.
Services provided under this article do not constitute
tutoring or instruction under the act of January 28, 1988
(P.L.24, No.11), known as the Private Academic Schools Act.
(1511-C added May 17, 2001, P.L.4, No.4)
Section 1512-C. Educational Assistance Program.
(a) Purpose.--The Educational Assistance Program shall
provide, for the support of tutoring services to eligible
students, funds to eligible school entities in which one or
more schools have failed to meet at least one academic
performance target.
(b) Eligibility.--A student shall be eligible for tutoring
services under this section where such student is enrolled full
time in an eligible school entity and:
(1) scored below proficient on a Pennsylvania System
of School Assessment test in a subject area required under
the No Child Left Behind Act of 2001; or
(2) is enrolled in kindergarten through third grade and
scored below the score approved by the department under
section 1502-C(b) on any other eligibility test; or
(3) has been recommended for tutoring by the school
entity.
((b) amended July 13, 2005, P.L.226, No.46)
(c) Approval of providers.--In order to provide tutoring
services through the Educational Assistance Program, a provider
must be approved by the department. Such providers may include:
(1) a provider approved under section 1505-C; or
(2) a school entity.
(d) Duties of eligible school entities.--An eligible school
entity shall have the following duties:
(1) To annually notify the parents or guardian of any
student eligible for tutoring services under subsection (b)
about the availability of tutoring services under this
section.
(2) To annually provide the parents or guardian of any
student eligible for tutoring services under subsection (b)
with a list of all approved providers operating within the
boundaries of or around the eligible school entity.
(3) Upon request, to assist the parents or guardian of
any student eligible for tutoring services under subsection
(b) in selecting an approved provider.
(4) To enter into a contract or contracts with a
provider approved under section 1505-C and operating within
the boundaries of or around the eligible school entity or
to offer tutoring services directly to any student eligible
for tutoring services under subsection (b).
(e) Tutoring services.--Tutoring services provided under
this section shall include intensive instruction in those
subject areas assessed through a Pennsylvania System of School
Assessment test and required under the No Child Left Behind Act
of 2001. Such tutoring services may:
(1) Notwithstanding the provisions of section 1502, be
provided outside of the normal school day and hours of the
school entity, including mornings, evenings, weekends and
during the summer months.

(2) Take place on an individual or small group basis,

provided that tutoring services may be provided to no more
than ten students in a given class at a given time during
the school term and no more than 15 students during the
summer months.
(3) Be provided during the normal school day and hours
of the school entity, provided that the tutoring is in
addition to and does not interfere with an eligible student's
regularly scheduled classroom instruction times and does not
supplant services required in a student's individualized
education program.
((e) amended July 13, 2005, P.L.226, No.46)
(f) Duties of department.--The department shall have the
following duties:
(1) To provide eligible school entities that provide
tutoring services under this section with technical
assistance upon request.
(2) To annually assess any provider or school entity
that provides tutoring services under this section in order
to determine the academic progress of students who receive
tutoring services.
(g) Educational assistance funding.-(1) During the 2003-2004, 2004-2005, 2005-2006,
2006-2007, 2007-2008 and 2008-2009 school years, the
department shall provide each eligible school entity with
educational assistance funding calculated by:
(i) Dividing the number of Pennsylvania System of
School Assessment tests administered in the eligible
school entity on which students scored below proficient
in reading or mathematics by the total number of
Pennsylvania System of School Assessment tests
administered in the eligible school entity in reading
and mathematics during the 2002-2003 school year.
(ii) Multiplying the quotient from subparagraph (i)
by the average daily membership of the eligible school
entity during the 2002-2003 school year.
(iii) Multiplying the product from subparagraph
(ii) by the dollar value of funds appropriated to the
Department of Education for the Educational Assistance
Program in the 2004-2005 fiscal year.
(iv) Dividing the product from subparagraph (iii)
by the sum of the products of subparagraph (ii) for all
eligible school entities that qualify for grant funds
under this paragraph.
(1.1) During the 2005-2006, 2006-2007, 2007-2008 and
2008-2009 school years, the department shall provide each
school entity with at least one school that has failed to
achieve its 2005 mathematics proficiency target or its 2005
reading proficiency target with educational assistance
funding for the support of tutoring services to eligible
students enrolled in seventh through twelfth grades. Such
funding shall be calculated as follows:
(i) Dividing the number of Pennsylvania System of
School Assessment tests administered in the eligible
school entity to eleventh grade students on which such
students scored below the 2005 reading or mathematics
proficiency target by the total number of Pennsylvania
System of School Assessment tests administered in the
eligible school entity to eleventh grade students in
reading and mathematics during the 2003-2004 school year.

(ii) Multiplying the quotient from subparagraph (i)

by the average daily membership of the eligible school
entity during the 2004-2005 school year.
(iii) Multiplying the product from subparagraph
(ii) by the difference between the dollar value of funds
appropriated to the department for the educational
assistance program in the 2004-2005 fiscal year and the
dollar value of funds appropriated to the department for
the educational assistance program in the 2007-2008
fiscal year.
(iv) Dividing the product from subparagraph (iii)
by the sum of the products of subparagraph (ii) for all
eligible school entities that qualify for grant funds
under this paragraph.
(2) The amount of educational assistance funding
provided under this article shall be limited to funds
appropriated for this purpose.
((g) amended July 9, 2008, P.L.846, No.61)
(h) Use of educational assistance funds.--An eligible school
entity that receives educational assistance funding under
subsection (g) may use such funds to:
(1) Enter into contracts with a provider approved under
section 1505-C.
(2) Offer tutoring services directly to any student
eligible for tutoring services under subsection (b).
(h.1) Redistribution of funds.--For the 2004-2005 school
year and each school year thereafter, an eligible school entity
that chooses not to receive educational assistance funding under
subsection (g) shall forfeit the right to such funds. Such funds
shall then be distributed on a pro rata basis among all other
eligible school entities choosing to receive educational
assistance funding under subsection (g). ((h.1) amended July
13, 2005, P.L.226, No.46)
(i) Construction.--Nothing in this section shall be
construed to limit the eligibility of a grant recipient to
receive a grant under section 1507-C.
(j) Pro rata distribution.--For the 2008-2009 fiscal year,
if insufficient funds are appropriated to make Commonwealth
payments pursuant to this section, such payments shall be made
on a pro rata basis. ((j) added July 9, 2008, P.L.846, No.61)
(1512-C added Dec. 23, 2003, P.L.304, No.48)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1512-C(g) and added subsec. (j), provided that
Act 61 shall apply retroactively to July 1 2008.
ARTICLE XV-D
EARLY LEARNING PROGRAMS
(Art. hdg. amended July 20, 2007, P.L.278, No.45)
(Art. added Dec. 23, 2003, P.L.304, No.48)
(a) Head Start Supplemental Assistance Program
(Subart. hdg. added July 20, 2007, P.L.278, No.45)
Section 1501-D. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Extended day services." Head Start and child-care services
provided to children eligible for Head Start by a Head Start

provider or through a collaborative agreement between a Head

Start provider and a licensed child-care center, or a registered
family or group day-care home for those hours and days beyond
the hours funded through the Federal Head Start Program.
"Head Start." A program funded under the Federal Head Start
Act established by the Omnibus Budget Reconciliation Act of
1981 (Public Law 97-35, 95 Stat. 357) and carried out by a Head
Start agency or delegate agency that provides ongoing
comprehensive child development services.
"Program." The Head Start Supplemental Assistance Program
established in section 1502-D.
"School entity." A school district, joint school district,
independent school or an intermediate unit.
(1501-D amended July 20, 2007, P.L.278, No.45)
Section 1502-D. Head Start Supplemental Assistance Program.
(a) Establishment.--The Head Start Supplemental Assistance
Program is hereby established to provide Head Start services
to additional eligible children and to provide extended day
services through existing Head Start providers.
(b) Administration.--The department shall administer the
program, consistent with Federal Head Start guidelines. The
department shall provide supplemental financial assistance to
existing providers of Federal Head Start services. ((b) amended
July 13, 2005, P.L.226, No.46)
(c) Coordination.--The department, to every extent possible,
shall coordinate the administration of the program with the
Department of Public Welfare and the Department of Health. The
purpose of this coordination shall be to:
(1) Identify educational, child-care or other services
under the jurisdiction of the Department of Public Welfare
and the Department of Health that can augment or improve the
services available through Head Start providers.
(2) Provide technical assistance to Head Start providers
establishing child-care services in order to offer extended
day services.
(3) Provide technical assistance to Head Start
providers, licensed child-care centers or registered family
or group day-care homes entering into collaborative
agreements in order to offer extended day services.
(d) Criteria for funding.--To implement the program, the
department shall request proposals from existing Head Start
providers and may award grants or enter into service contracts
with existing Head Start providers that meet all of the
following criteria:
(1) Demonstrate the need for additional Head Start
services in the provider's service area, whether the need
is determined by the percentage of eligible children who are
not served in the provider's service area or by the demand
for extended day services.
(2) Demonstrate the ability to expand staff, space or
services to serve additional children or to provide extended
day services:
(i) within the Head Start program;
(ii) in cooperation with licensed child-care centers
or registered family or group day-care homes; or
(iii) in cooperation with school entities.
(3) Demonstrate the ability to comply with Federal and
State requirements for child-care service providers if the
Head Start provider intends to provide extended day services.
(4) Demonstrate the ability to enter into a
collaborative agreement with a school entity, a licensed
child-care center or a group day-care home or a registered

family day-care home, if the head start provider intends to

enter into a collaborative agreement.
((d) amended July 13, 2005, P.L.226, No.46)
(1502-D added Dec. 23, 2003, P.L.304, No.48)
Section 1503-D. Priority in funding.
(a) General rule.--A Head Start provider that received a
grant in the prior fiscal year shall be eligible to receive a
grant in an amount equal to the grant received in the
immediately preceding fiscal year, less any start-up costs. If
by March 1 the Head Start provider did not enroll at least 90%
of the number of children it was approved to serve for that
year, then the grant shall be reduced proportionally based on
the number of children enrolled as of March 1.
(b) Priority for remaining funding.--For the remaining
funds, the department shall give priority in funding to Head
Start providers applying for grants to serve additional eligible
children.
(1503-D amended July 13, 2005, P.L.226, No.46)
Section 1504-D. Annual report.
The department shall compile an annual report on the program
for submission to the Governor, the chairmen of the
Appropriations Committee and the Education Committee of the
Senate and the chairmen of the Appropriations Committee and
Education Committee of the House of Representatives. The report
shall include:
(1) The number of eligible children served by Head Start
as of December 23, 2003.
(2) The number of eligible children served by the
program during the 2005-2006 school year and each school
year thereafter.
(3) The number of extended day programs and the number
of eligible children enrolled in extended day programs as
of December 23, 2003.
(4) The number of extended day programs and the number
of eligible children enrolled in extended day programs during
the 2005-2006 school year and each school year thereafter.
(5) A summary of the types of activities funded under
the program.
(1504-D amended July 20, 2007, P.L.278, No.45)
Section 1505-D. Head Start expansion.
(a) General rule.--The Department of Public Welfare shall
promulgate regulations necessary to assure eligibility for the
child care subsidy for children enrolled in Head Start whose
parents need extended hours of Head Start services in order to
work. During the time period of the child's enrollment in Head
Start, the child shall remain eligible for the child care
subsidy. Regulations promulgated under this section shall permit
the use of child care subsidy funds to support full-day,
full-year opportunities for Head Start participants.
(b) Final-omitted regulations.--The Department of Public
Welfare, in adopting such revised regulations, shall follow the
procedures set forth in the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law, and the
act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act, for the promulgation and review of final-omitted
regulations.
(1505-D amended July 20, 2007, P.L.278, No.45)
Section 1506-D. Standards.
The department may promulgate any standards necessary to
administer and enforce this subarticle.
(1506-D amended July 20, 2007, P.L.278, No.45)

(b) Pennsylvania Pre-K Counts Program

(Subart. added July 20, 2007, P.L.278, No.45)
Section 1511-D. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Approved provider." An eligible provider that has been
approved by the Department of Education to offer
pre-kindergarten under this subarticle.
"At-risk child." A child who is at a risk of educational
failure because of limited English proficiency, poverty,
community factors, academic difficulties or economic
disadvantage.
"Department." The Department of Education of the
Commonwealth.
"Eligible provider." Any of the following entities if the
entity complies with all quality program standards established
by the Department of Education:
(1) A school district.
(2) A Head Start program.
(3) A nursery school licensed under the act of January
28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act.
(4) One of the following:
(i) Prior to July 1, 2009, a child day care center
or a group day care home that has met or exceeded the
standards of STAR 2 under the Keystone STARS quality
rating system established by the Department of Public
Welfare.
(ii) After June 30, 2009, a child day care center
or a group day care home that has met or exceeded the
standards of STAR 3 under the Keystone STARS quality
rating system established by the Department of Public
Welfare. Any approved provider under this subparagraph
which has applied for a STAR 3 rating and which
application has not been approved or rejected by the
department as of June 30, 2009, shall remain eligible
for the program until such application is rejected.
(Def. amended July 9, 2008, P.L.846, No.61)
"Eligible student." A child who is at least three years of
age and is younger than the entry age of kindergarten in the
school district of residence.
"Program." The Pre-K Counts Program established under
section 1512-D.
(1511-D added July 20, 2007, P.L.278, No.45)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
the def. of "eligible provider" in section 1511-D,
provided that Act 61 shall apply retroactively to July
1 2008.
Section 1512-D. Establishment of program.
To the extent that funds are appropriated by the General
Assembly, the department shall establish the Pennsylvania Pre-K
Counts Program as a competitive grant program to expand
pre-kindergarten opportunities for eligible students.
(1512-D added July 20, 2007, P.L.278, No.45)
Section 1513-D. Duties of department.
The department shall have the following powers and duties:
(1) To promulgate regulations and establish guidelines
and standards necessary to implement this subarticle. In
promulgating the initial regulations, the department shall

follow the procedures provided in the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents
Law, and the act of June 25, 1982 (P.L.633, No.181), known
as the Regulatory Review Act, for promulgation and review
of final-omitted regulations. Subsequent regulations
promulgated under this subarticle or amendments to the
initial regulations shall not be in final-omitted form.
(2) To establish the process through which eligible
providers may apply for grant funds, allowable and required
grant uses and per-student funding levels and the criteria
used to identify approved providers for grant funds.
(3) To identify one or more assessments to be used by
approved providers, the cost of which shall be paid as part
of an approved provider's grant award.
(4) To encourage the development and maintenance of
community coordination and partnerships.
(5) To perform all other functions necessary to carry
out the program, including the monitoring of approved
providers.
(6) To enter into agreements with third-party entities,
to include intermediate units, to carry out the provisions
of this subarticle.
(7) To publish the process through which eligible
providers may apply for grant funds, the criteria used to
identify approved providers for grant funds and the
per-student funding levels of approved providers, by county,
on the department's Internet website and in the Pennsylvania
Bulletin within 60 days of the effective date of this
section.
(1513-D added July 20, 2007, P.L.278, No.45)
Section 1514-D. Grant awards.
The department shall award grants under this subarticle to
the extent that funds are appropriated for the program by the
General Assembly. The grants shall be awarded on a per-student
basis for each eligible student served by an approved provider
and shall not exceed the per-student cost of administering the
approved provider's pre-kindergarten program. To the greatest
extent possible, the department shall:
(1) Give priority in grant funding to approved providers
serving the highest number or the highest percentage of
at-risk eligible students.
(2) Give priority in grant funding to approved providers
that received grant funds in the immediately preceding school
year, have met the program standards and have demonstrated
satisfactory implementation of the program.
(3) Ensure that grant funding is geographically
dispersed to approved providers throughout this Commonwealth.
(1514-D added July 20, 2007, P.L.278, No.45)
Section 1515-D. Duties of approved providers.
(a) General rule.--An approved provider that receives grant
funds under this subarticle shall have the following duties:
(1) Maintain separate accounts in its budget to
facilitate monitoring and auditing of the use of the grant
funds. If the approved provider is a school district, the
school district shall not place grant funds in a reserve
account. In no case shall the approved provider use grant
funds for administrative costs as defined by the department.
(2) Plan to provide no fewer than 180 days of
pre-kindergarten over the course of the school year. A
half-day program shall provide no fewer than two and one-half
hours of instructional activities per day. A full-day program

shall provide no fewer than five hours of instructional

activities per day.
(3) Align the pre-kindergarten program's curriculum
with early learning standards established by the department.
(4) Perform all other duties pursuant to applicable
regulations and standards.
(b) Calculation of average daily membership.--An eligible
student shall not be included in the average daily membership
of an approved provider for the purpose of providing funding
allocations pursuant to Article XXV.
(1515-D added July 20, 2007, P.L.278, No.45)
Section 1516-D. Reporting.
(a) General rule.--No later than October 1, 2008, and
October 1 of each year thereafter in which funding is
appropriated for the purpose of providing grants to approved
providers under this subarticle, the department shall submit a
report to the chairman and minority chairman of the
Appropriations Committee of the Senate, the chairman and
minority chairman of the Appropriations Committee of the House
of Representatives, the chairman and minority chairman of the
Education Committee of the Senate and the chairman and minority
chairman of the Education Committee of the House of
Representatives summarizing the operation of the program for
the immediately preceding fiscal year. The report shall include:
(1) A description of the operation of the program,
including:
(i) The criteria used to determine the eligibility
of a provider for funding under the program.
(ii) The criteria used to determine the amount of
grant funds paid to approved providers.
(iii) A summary of the process used by eligible
providers to apply for grant funds, including sample
copies of all application forms, instructions, guidelines
and deadlines.
(2) A summary of the total amount of grant funds paid
to approved providers.
(3) A summary of the allowable uses of grant funds under
the program.
(4) A description of the assessments used to measure
the academic progress of eligible students served through
the program.
(5) A listing by county of each eligible provider
submitting a grant application and indicating whether the
eligible provider received funding and the amount thereof.
(6) For each approved provider, a report by county
indicating:
(i) Name.
(ii) Address.
(iii) The number of eligible students served through
the program.
(iv) The use or uses of the grant funds.
(v) The assessment of academic progress of each
eligible student served through the program.
(vi) Of the eligible students served through the
program, the number who are three years of age and the
number who are four years of age.
(vii) To the extent possible, the total number of
students receiving pre-kindergarten services itemized
to identify:
(A) The number of students receiving services
as a result of tuition paid by the parent or
guardian.

(B) The number of students receiving services

through the program.
(C) The number of students receiving services
through the State Head Start Supplemental Assistance
and Federal Head Start programs.
(viii) To the extent possible, a financial summary
indicating the total expenditures of each approved
provider and indicating as components of those
expenditures the total revenues received from the
Commonwealth through early childhood programs
administered by the Department of Public Welfare, the
total revenues received from the Commonwealth under the
program and the total revenues received from
nonparticipating families with children enrolled in the
program.
(ix) The enrollment goals as set forth in the grant
application.
(x) To the extent possible, the number of eligible
students served through the program who were funded
through the subsidized day-care programs administered
by the Department of Public Welfare and the number of
eligible students served through the program who were
funded through the Federal Head Start program or the
State Head Start Supplemental Assistance program.
(b) Interim report.--No later than February 1, 2008, the
department shall submit an interim report regarding the program
to the chairman and minority chairman of the Appropriations
Committee of the Senate, the chairman and minority chairman of
the Appropriations Committee of the House of Representatives,
the chairman and minority chairman of the Education Committee
of the Senate and the chairman and minority chairman of the
Education Committee of the House of Representatives summarizing
the operation of the program for the 2007-2008 fiscal year. The
interim report shall include the items listed in subsection
(a)(1), (2), (3), (4), (5) and (6)(i), (ii), (iii), (iv), (vi)
and (ix).
(1516-D added July 20, 2007, P.L.278, No.45)
ARTICLE XV-E
CHARACTER EDUCATION PROGRAM
(Art. added July 4, 2004, P.L.536, No.70)
Section 1501-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Character education." A course of instruction designed to
educate and assist students in developing basic civic values
and character traits, a service ethic and community outreach
and thus to improve the school environment and student
achievement and learning.
"Character education program" or "program." A program
designed and implemented by a school district to provide a
course of character education to students in that school
district. This term includes, but is not limited to:
(1) Professional education for professional educators
for the delivery of character education.
(2) Participation in professional education programs
by members of the Character Education Advisory Group.
"Department." The Department of Education of the
Commonwealth.
"Grant program." The Character Education Grant Program
established by section 1504-E.

"Professional educator." An individual who holds a

Pennsylvania teacher, educational specialist or administrative
certification or letter of eligibility.
"Secretary." The Secretary of Education of the Commonwealth.
(1501-E added July 4, 2004, P.L.536, No.70)
Section 1502-E. Character education program.
(a) Authorization.--The board of school directors of a
school district may establish and implement a character
education program in its schools.
(b) Curriculum contents.--The program may include and teach
the following basic civil values and character traits:
(1) Trustworthiness, including honesty, integrity,
reliability and loyalty.
(2) Respect, including regard for others, tolerance and
courtesy.
(3) Responsibility, including hard work, economic
self-reliance, accountability, diligence, perseverance and
self-control.
(4) Fairness, including justice, consequences of bad
behavior, principles of nondiscrimination and freedom from
prejudice.
(5) Caring, including kindness, empathy, compassion,
consideration, generosity and charity.
(6) Citizenship, including love of country, concern for
the common good, respect for authority and the law and
community mindedness.
(c) Additional elements.--The program may also include and
teach the importance of a service ethic and community outreach.
(d) Character education advisory group.-(1) If a board of school directors elects to establish
the program, the board of school directors shall develop the
program in consultation with a character education advisory
group. The board of directors of a school district shall
appoint the members of the character education advisory
group.
(2) A character education advisory group shall consult
with and advise the board of school directors in the
development of the program. The members of the character
education advisory group shall elect a chairperson of the
group.
(3) The board of school directors shall appoint to the
character education advisory group no less than two
representatives from each of the following groups:
(i) Parents and legal guardians of students in the
school district.
(ii) Teachers and administrators employed by the
school district.
(iii) Other members of the community where the
school district is located, including social, cultural,
business and religious leaders.
(4) The board of school directors shall:
(i) Cooperate and consult with the character
education advisory group.
(ii) Provide assistance and relevant materials to
the character education advisory group.
(5) (i) The character education advisory group shall
consult with and advise the board of school directors
until such time that the program is fully developed and
deemed completed.
(ii) The board of school directors shall have the
sole authority to determine the completion of the program
and may elect to continue the duration of the character

education advisory group for up to two additional years

for the purpose of receiving consultation and advice
from the character education advisory group regarding
the school district's implementation of the program.
(e) Integration of concepts into total curriculum.--The
program shall be integrated into the school procedures and
environment and structured to instruct primarily through
example. Classroom instruction may also be used to supplement
the program.
(1502-E added July 4, 2004, P.L.536, No.70)
Section 1503-E. Department duties and powers.
The department shall:
(1) Establish criteria and guidelines for the
establishment and implementation of programs that are
consistent with this article. These guidelines shall also
include methods of evaluating the programs and curricula.
(2) Provide resources and technical assistance to boards
of directors of school districts regarding the establishment
and implementation of successful programs, upon the request
of the board of directors of the school district.
(3) Identify and analyze effective programs and
practices and related professional development for
professional educators and provide such information to a
school district upon request of the board of directors of
the school district.
(4) Collect and disseminate among school districts
information regarding programs and practices and potential
support sources, including character education programs that
have been successfully established and implemented in other
states.
(5) Provide resources and technical assistance to boards
of school directors of school districts that support the
professional development of professional educators in the
establishment and implementation of the program.
(6) Collect and disseminate among school districts
information regarding effective professional education for
professional educators regarding the establishment and
implementation of the program.
(7) Seek, apply for and accept grants or contributions
of funds from any public or private source, including the
acceptance of Federal funds appropriated by the General
Assembly for the purposes of this article.
(8) To the extent that funds are available, establish
and award grants under the grant program to assist school
districts in establishing and implementing programs.
(9) Maintain a list of school districts that have
established and implemented the program pursuant to this
article.
(10) Prepare and submit an annual report to the
Education Committee of the Senate and the Education Committee
of the House of Representatives regarding the administration
and operation of programs and grants awarded under the grant
program. The report shall include:
(i) A summary of the guidelines and criteria
established by the department and the establishment and
operation of the grant program.
(ii) A listing of the sources of funding sought by
the department for use in the grant program.
(iii) A listing of the number of school districts
that established and implemented programs.
(iv) A description of each school district's program
and the integration into the curriculum.

(v) A description of measures utilized by school

districts to provide parent, professional educator and
community involvement.
(1503-E added July 4, 2004, P.L.536, No.70)
Section 1504-E. Character Education Grant Program.
(a) Establishment.--There is hereby established in the
department the Character Education Grant Program for the purpose
of funding the establishment and implementation of a program
by a school district.
(b) Eligibility.--A school district that establishes and
implements the program in compliance with the requirements
established under section 1502-E and with department criteria
and guidelines established under section 1503-E may apply to
the department for a grant. Grants shall be awarded to eligible
school districts from funds appropriated and funds received by
the department for this purpose.
(c) Permitted uses.--The grant shall be used by a school
district to fund the establishment and implementation of the
program.
(d) Adoption of application procedures.--The secretary shall
adopt such procedures, rules and form as may be necessary to
implement this grant program by regulation.
(e) Application forms.--Applications shall be made to the
department in such form and at such time as the secretary may
prescribe by regulation.
(f) Other funding sources.--Funds received under the grant
program may be used in conjunction with funds received from any
other public or private source.
(1504-E added July 4, 2004, P.L.536, No.70)
Section 1505-E. Prohibited instruction.
Nothing in this article shall be construed to authorize a
board of school directors of a school district to establish and
implement the program in such a manner that it instructs,
proselytizes or indoctrinates students in a specific religious
or political belief.
(1505-E added July 4, 2004, P.L.536, No.70)
Section 1506-E. Local control.
Nothing in this article shall be construed to require a board
of school directors of a school district to establish and
implement the program or to apply for any grant from the
Commonwealth or any other source for the purposes of funding
the establishment or implementation of the program.
(1506-E added July 4, 2004, P.L.536, No.70)
ARTICLE XV-F
SCIENCE TECHNOLOGY PARTNERSHIPS
(Art. added Nov. 17, 2010, P.L.996, No.104)

Compiler's Note: Section 24 of Act 104 of 2010, which added

Article XV-F, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1501-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
" Department. " The Department of Education of the
Commonwealth.
" Higher education institution. " Any public or private
two-year or four-year or higher postsecondary institution in

this Commonwealth that has been accredited at the college level

by an accrediting agency recognized by the United States
Secretary of Education.
" Nonpublic school. " A nonpublic kindergarten, elementary
school or secondary school at which a resident of this
Commonwealth may legally fulfill the compulsory school
attendance requirements of Article XIII and which meets the
requirements of Title VI of the Civil Rights Act of 1964 (Public
Law 88-352, 78 Stat. 241).
" Program. " The Science Technology Partnership Program
established in section 1502-F.
" Public school. " Any school owned or operated by a public
school district established under this act, including any school
established pursuant to Article XVII-A.
" School. " A public school or nonpublic school.
" Science technology partnership " or " partnership. " A
science technology partnership established under section 1503-F.
" Scientific or technical equipment. " Technical or
electronic equipment used in teaching science courses, including
laboratory equipment. The equipment may include equipment that
is not routinely used in the teaching of science but that is
commonly used in the workplace and the fields of health,
environment, scientific research, biology, chemistry, geology
or other earth sciences, physics or any other scientific field.
" Secretary. " The Secretary of Education of the
Commonwealth.
(1501-F added Nov. 17, 2010, P.L.996, No.104)
Section 1502-F. Science Technology Partnership Program.
(a) Establishment.--The Science Technology Partnership
Program is hereby established.
(b) Administration.--To the extent funds are appropriated
for the purpose, the department shall administer a grant program
that awards grants to higher education institutions that are
members of the science technology partnerships.
(c) Criteria for funding.--To implement the program, the
department shall request proposals from higher education
institutions that are members of science technology
partnerships. To receive a grant under subsection (d), a higher
education institution must meet all of the following criteria:
(1) Have established a partnership consistent with the
requirements of section 1503-F and provided a copy of the
partnership agreement to the department.
(2) Demonstrate how the partnership will make science
technology equipment available to students enrolled in
schools that are partnership members.
(3) Demonstrate how the partnership will augment the
science curriculum of schools that are partnership members.
(4) Demonstrate how the partnership will provide
additional professional development opportunities to
educators employed by schools or school districts that are
partnership members.
(5) Have adopted a proposed budget describing the
scientific and technical equipment that will be purchased
or leased with grant funds.
(d) Grant awards.--To the extent funds are appropriated for
the purpose, the department shall award grants to higher
education institutions that meet the criteria for funding under
subsection (c). Grants shall be used for the purchase or lease
of scientific or technical equipment and for the development
of programs of instruction for members of a partnership.
(1502-F added Nov. 17, 2010, P.L.996, No.104)
Section 1503-F. Science technology partnerships.

(a) Establishment.--To be eligible to participate in the

program, a higher education institution must form a partnership
with schools or school districts and may subcontract with a
nonprofit organization in order to implement the partnership
agreement under subsection (b). A partnership must include a
minimum of three public schools or school districts.
(b) Partnership agreement.--The higher education institution
and the schools or school districts shall enter into a written
agreement that includes all of the following:
(1) The responsibilities of the higher education
institution in providing services to each partnership member.
(2) The responsibilities of the schools or school
districts in coordinating with the higher education
institution.
(3) A description of the scientific or technical
equipment that will be provided to each partnership member.
(4) A description of the program of instruction that
will be provided to each partnership member by the higher
education institution.
(5) The courses of science instruction and grade levels
that will be augmented by scientific or technical equipment
through the partnership and how scientific or technical
equipment will be used to augment such courses of
instruction.
(6) The manner in which access to scientific or
technical equipment will be provided to students and
teachers.
(7) The professional development activities that will
be provided to science teachers employed by partnership
members.
(c) Forward to department.--To be eligible to participate
in the program, a partnership must forward a certified copy of
its partnership agreement to the department.
(1503-F added Nov. 17, 2010, P.L.996, No.104)
Section 1504-F. Powers and duties of department.
The department shall promulgate rules, regulations and
procedures necessary to implement the program.
(1504-F added Nov. 17, 2010, P.L.996, No.104)
Section 1505-F. Biennial report.
The secretary shall on a biennial basis submit a report on
the program to the Governor, the chairman and minority chairman
of the Education Committee of the Senate and the chairman and
minority chairman of the Education Committee of the House of
Representatives. The initial report shall be due on June 30,
2012, with reports due on June 30 of every even-numbered year
thereafter. The report shall include all of the following
information:
(1) A description of the types of the partnerships
created.
(2) The number of higher education institutions, schools
and school districts participating in the program as members
of the partnerships.
(3) The number of students participating in the program.
(4) The dollar amount of grants awarded to each higher
education institution and a summary of the institution's
expenditures on services related to the partnership.
(5) An assessment of the impact of the program on the
scientific knowledge of students participating in the
program.
(1505-F added Nov. 17, 2010, P.L.996, No.104)
ARTICLE XV-G
OPEN CAMPUS INITIATIVES

(Art. added June 30, 2012, P.L.684, No.82)

Section 1501-G. Legislative intent.
It is the intent of the General Assembly to encourage
collaborative partnerships between school districts for the
purpose of providing expanded access to high-quality curricula
to students in a cost-effective manner through the use of
technology.
(1501-G added June 30, 2012, P.L.684, No.82)
Section 1502-G. Definitions.
The following words and phrases when used in this article
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Nonparticipating school entity." A school district, which
is not a party to a cooperative agreement between school
districts, a charter school, cyber charter school, nonpublic
school or home education program provided under section 1327.1.
"Open campus initiative." A program established under
section 1503-G.
"Participating school district." A school district which
is party to the cooperative agreement between school districts
establishing the open campus initiative.
(1502-G added June 30, 2012, P.L.684, No.82)
Section 1503-G. Open campus initiatives.
(a) Establishment.--An open campus initiative may be
established between school districts through a cooperative
agreement.
(b) Courses.--Courses of an open campus initiative may be
delivered outside of a school building in whole or in part using
technology that may include the Internet, video conferencing
or other electronic means.
(c) Grades, credit, promotion and graduation.--Course
grades, credit, promotion and graduation policies for students
participating in open campus initiative courses shall be
determined by the school district, charter school, cyber charter
school, nonpublic school or evaluator of a home education
program in which the student is enrolled and the cooperative
agreement between the participating school districts.
(d) Student eligibility requirements.--Eligibility
requirements for student participation in open campus initiative
courses shall be determined by the school district, charter
school, cyber charter school, nonpublic school or supervisor
of a home education program in which each student is enrolled
and the cooperative agreement between the participating school
districts.
(e) Nonparticipating school entities.--A cooperative
agreement between participating school districts may provide
for students attending a nonparticipating school entity to
participate in an open campus initiative course.
(f) Compulsory attendance requirements.--The time during
which a student participates in open campus initiative courses
shall be considered to be compliant with the compulsory
attendance requirements of section 1327.
(g) Student participation.--The school district, charter
school, cyber charter school, nonpublic school or home education
program in which the student is enrolled shall ensure that a
student participating in open campus initiative courses is
offered at least 990 hours of instruction at the secondary level
and 900 hours of instruction at the elementary level.

(h) Technical assistance.--The department shall provide

technical assistance as needed to school districts establishing
and operating an open campus initiative.
(1503-G added June 30, 2012, P.L.684, No.82)
Section 1504-G. Cooperative agreements.
(a) Contents.--School districts desiring to establish and
operate an open campus initiative shall develop and enter into
a cooperative agreement that shall, at a minimum, include:
(1) A policy for grading, credit and promotion of
students participating in open campus initiative courses.
(2) A policy for participation of students from
participating school districts which shall include minimum
academic and attendance criteria.
(3) A policy for participation of students from
nonparticipating school entities, which includes a fee
schedule for determining tuition charges for courses
delivered to those students, if the participating school
districts allow participation of students from
nonparticipating school entities.
(4) A policy for discipline and removal of students
from open campus initiative courses in compliance with State
law related to student discipline.
(5) Information about the attribution of student data
to the school district, charter school, cyber charter school,
nonpublic school or home education program in which the
student is enrolled, including student assessment data.
(6) Information about the sharing of costs between the
participating school districts.
(7) Information about the use and distribution of
tuition revenue.
(8) Processes for adding and removing open campus
initiative courses.
(9) Processes for termination of the open campus
initiative.
(b) Adoption by boards of school directors.--Each open
campus initiative cooperative agreement shall be adopted by
majority vote of the board of school directors of each of the
participating school districts.
(1504-G added June 30, 2012, P.L.684, No.82)
Section 1505-G. Reimbursements by the Commonwealth.
For the purpose of making reimbursements under Article XXV,
a student participating in an open campus initiative shall be
considered to be enrolled in the school district, charter
school, cyber charter school, nonpublic school or home education
program which determines the student's eligibility for
participation in the open campus initiative.
(1505-G added June 30, 2012, P.L.684, No.82)
Section 1506-G. Parental and public information.
All policies related to an open campus initiative shall be
made accessible to parents and posted on the participating
school districts' publicly accessible Internet websites.
(1506-G added June 30, 2012, P.L.684, No.82)
Section 1507-G. Students with disabilities.
Nothing in this article or in any policy or cooperative
agreement developed under this article shall conflict with:
(1) Federal or State law regarding the protections
provided to a student with a disability for receiving
education in the least restrictive environment.
(2) The legal authority of an individualized education
program team to make appropriate program and placement
decisions for a student with a disability in accordance with
the student's individualized education program.

(1507-G added June 30, 2012, P.L.684, No.82)

Section 1508-G. Collective bargaining.
Nothing contained in this article shall be construed to
supersede or preempt the rights, remedies and procedures
afforded to school employees or labor organizations under
Federal or State law, including the act of July 23, 1970
(P.L.563, No.195), known as the Public Employe Relations Act,
or any provision of a collective bargaining agreement negotiated
between a school entity and an exclusive representative of the
employees in accordance with that act.
(1508-G added June 30, 2012, P.L.684, No.82)
ARTICLE XVI.
HIGH SCHOOLS.
Section 1601. Types of High Schools; Regulations.-High schools shall be designated either as junior high
schools or senior high schools by the Department of Public
Instruction when they conform to regulations promulgated by the
Department of Public Instruction in accordance with standards
approved by the State Board of Education.
(1601 amended Oct. 21, 1965, P.L.601, No.312)
Section 1602. New High Schools; Additional Years.--In order
to establish a new high school or to add a year of work to the
program of a high school or junior high school already in
operation in a school district of the fourth class, the approval
of the Department of Public Instruction shall be secured in
advance of the opening of such school or of making such change
in program.
(1602 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1603. Admission of Pupils.--In all school districts
there shall be admitted to the public high schools therein all
children, under the age of twenty-one years, residing within
the school districts, who shall be found qualified for admission
thereto, after having undergone such an examination as shall
be prescribed by the board of school directors, subject to such
rules and regulations as the Superintendent of Public
Instruction shall prescribe, together with such additional
pupils from other districts as are herein provided for.
Section 1604. Employment of Teachers; Subjects of
Study.--Except in school districts of the first class, the board
of school directors of every school district shall employ for
its high school, during the entire term, a sufficient number
of teachers for the teaching of any of the subjects included
in the program of studies prescribed by the standards of the
State Board of Education for which there shall be an application
by fifteen pupils belonging to the grade in which said subject
is specified in the program of studies. No pupil shall be
counted among the applicants for such subject unless, in the
judgment of the principal of the school, he is both qualified
and entitled to take such subject in the curriculum he is
pursuing. No teacher shall be employed to teach any branch other
than those enumerated in his certificate.
(1604 amended Oct. 21, 1965, P.L.601, No.312)
Section 1605. Courses of Study.--(a) In all public, private
or parochial schools, there shall be integrated in the social
studies curriculum courses of study as provided in this act.
It shall be the duty of the superintendent having supervision
over any high school to prepare, and recommend to the board of
school directors maintaining the same, suitable courses of
study, which shall be adopted by said board of school directors,
with such changes as they may deem wise, subject to the

provisions of this act. During grades seven through twelve

inclusive, there shall be included at least four semesters or
equivalent study in the history and government of that portion
of America which has become the United States of America, and
of the Commonwealth of Pennsylvania, of such nature, kind or
quality, as to have for its purpose the developing, teaching
and presentation of the principles and ideals of the American
republican representative form of government, as portrayed and
experienced by the acts and policies of the framers of the
Declaration of Independence and framers of the Constitution of
the United States and the Bill of Rights. The study of the
history of the United States, including the study of the
Constitution of the United States and the study of the history
and Constitution of this Commonwealth, shall also be such as
will emphasize the good, worthwhile and best features and points
of the social, economic and cultural development, the growth
of the American family life, high standard of living of the
United States citizen, the privileges enjoyed by such citizens,
their heritage and its derivations of and in our principles of
government. Such instruction shall have for its purpose also
the instilling into every boy and girl who comes out of our
public, private and parochial schools their solemn duty and
obligation to exercise intelligently their voting privilege and
to understand the advantages of the American republican form
of government as compared with various other forms of
government.
Such instruction shall continue in courses in the State
Colleges to an extent to be determined by the Superintendent
of Public Instruction.
((a) amended Sept. 20, 1961, P.L.1530, No.650)
(b) During one or more of the last four years of any
complete high school program, there may be included a course
of study in first aid or home nursing, or both, for the purpose
of training and increasing the available supply of trained
personnel for use in any program or activity undertaken pursuant
to the act of March nineteen, one thousand nine hundred
fifty-one (Pamphlet Laws 28), known as the "State Council of
Civil Defense Act of 1951," as amended. The Superintendent of
Public Instruction shall direct a course of study to be prepared
to assist school districts in complying with the provisions of
this section.
(1605 amended Apr. 12, 1956, 1955 P.L.1459, No.478)
Section 1606. Supervision; Reports.--Every public high
school shall be under the supervision of the superintendent of
the district in which said high school is situated.
The board of school directors of every district maintaining
a high school shall furnish to the Superintendent of Public
Instruction sworn statements giving such information concerning
said high school as he may require.
(1606 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1607. Attendance in Other Districts.--(a) Except
as set forth in subsection (b), pupils residing in a school
district in which no public high school is maintained may
attend, during the entire term, at the expense of the school
district of which they are residents, the nearest or most
conveniently located high school of such class as they may
desire to attend, unless the board of school directors of the
district of residence shall have assigned the pupils to a high
school and adequate transportation is provided thereto. Pupils
who reside in a school district in which no public high school,
other than a vocational high school is maintained, may attend,
during the entire term, the nearest or most conveniently located

academic high school. In any district which maintains a high

school whose program of studies terminates before the end of
the twelfth year, pupils who have satisfactorily completed the
program of studies there available in other than vocational
schools or departments, or have completed a program of studies
equivalent to said program of studies in some other school or
schools, may attend, at the expense of the school district in
which they live, and for the purpose of pursuing academic
studies of a higher grade, the nearest or most conveniently
located high school of such type as they may desire to attend
giving further high school work.
(b) If a third class school district operating under a
special board of control pursuant to section 692 has, with the
approval of the Secretary of Education, curtailed its
educational program by eliminating its high school and has not
assigned its high school pupils to another school district and
provided adequate transportation in a manner under subsection
(a), the secretary shall have the following authority:
(1) To designate two or more school districts, which shall
accept on a tuition basis the high school students of the
distressed school district, so long as a designated school
district's border is no more than three (3) miles from the
border of the distressed school district. The designation under
this paragraph shall occur no later than thirty (30) days after
receiving the approval of the secretary to curtail its
educational program by the elimination of its high school,
provided, however, that if any school district meets the
criteria of this subsection on the effective date of this
subsection, the designation of school districts shall occur no
later than thirty (30) days after the effective date of this
subsection. ((1) amended July 12, 2012, P.L.1142, No.141)
(2) To establish a process for the distressed school
district to use to reassign its high school students to the
school districts designated under paragraph (1).
(3) To establish the per-pupil tuition rate that a school
district designated under paragraph (1) shall receive for each
reassigned student in a regular or special education program.
For the 2010-2011 and 2011-2012 school years, the tuition rate
established under this paragraph may not exceed the product of:
(i) the tuition rate established for the 2007-2008 school
year; and
(ii) the greater of:
(A) two percent (2%); or
(B) the percentage increase in total budgeted revenues
available to a distressed school district.
(4) For the 2012-2013 school year and each school year
thereafter, the per pupil tuition rate that a school district
designated under paragraph (1) shall receive for each reassigned
student in a regular or special education program shall be the
greater of ten thousand dollars ($10,000) or the product of:
(i) the tuition rate established for the prior school year;
and
(ii) the greater of:
(A) the percentage increase in total budgeted revenues
available to a distressed school district; or
(B) the index set pursuant to the act of June 27, 2006 (1st
Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act,"
for the distressed school district.
((b) amended June 30, 2012, P.L.684, No.82)
(b.1) (1) The following shall apply to professional and
temporary professional employes of a school district in which

pupils have been reassigned to another school district pursuant

to subsection (b):
(i) The school district that has eliminated its high school
shall create a pool comprised of the professional and temporary
professional employes who have received formal notice of
suspension as a result of the school district's elimination of
its high school program.
(ii) Employes in the pool created under clause (i) shall
be offered employment by any school district receiving students
who have been reassigned pursuant to subsection (b) whenever
that school district has a vacancy for a position that an
employe in the pool is certified to fill, provided that no
employe of the school district in which the vacancy exists,
including a suspended or demoted employe, has a right to such
vacancy under this act or the collective bargaining agreement
of that school district.
(iii) No new employe shall be hired by any school district
receiving students who have been reassigned pursuant to
subsection (b) until the position has been offered, in order
of seniority, to all properly certified members of the pool
created under clause (i).
(2) Employes hired from the pool as provided under this
subsection shall be credited by the hiring school district for
all sick leave accumulated in the school district that has
eliminated its high school program and shall be credited for
years of service in the school district that has eliminated its
high school program for purposes of salary schedule placement.
Temporary professional and professional employes shall further
be credited for their years of service in the school district
that has eliminated its high school program for purposes of
sabbatical leave eligibility, suspension and realignment rights
and eligibility for any retirement incentives or severance
payments in a hiring school district.
((b.1) added July 12, 2012, P.L.1142, No.141)
(c) A school district designated under subsection (b)(1)
shall provide transportation to reassigned students to its high
school and shall be eligible for transportation reimbursement
in a manner consistent with section 2541.
(d) By August 1 of the year in which a school district is
designated under subsection (b)(1) and each August 1 thereafter,
the secretary shall publish on the Internet website of the
Department of Education and submit to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin, the
following information:
(1) The names of the school districts designated under
subsection (b)(1).
(2) The process established under subsection (b)(2).
(3) The tuition rate established under subsection (b)(3).
(e) Notwithstanding any other provision of statute,
regulation, guideline, directive, decision or agreement to the
contrary, a school district which is designated under subsection
(b)(1) may not be required to include the students in its public
school enrollment report for the purposes of determining an
interscholastic sports classification by a private entity that
is organized under the laws of this Commonwealth to administer
interscholastic athletics.
(f) A student assigned to a school district designated under
subsection (b)(1) shall be included in the average daily
membership of the student's school district of residence for
the purpose of providing basic education funding allocations
and special education funding payments pursuant to Article XXV.

(g) By February 1 of each year, the Legislative Budget and

Finance Committee shall submit an annual report to the chairman
and minority chairman of the Appropriations Committee and the
Education Committee of the Senate and to the chairman and
minority chairman of the Appropriations Committee and the
Education Committee of the House of Representatives summarizing
the financial and academic status of a distressed school
district under this section and include an audit of its accounts
for the immediately preceding school year.
(h) For the two (2) consecutive school years following
designation under subsection (b)(1), a school district
designated under subsection (b)(1) shall receive an additional
per-pupil sum of five hundred dollars ($500) for students
reassigned pursuant to this section. These additional funds
shall be used for transition services to students, including
student mentoring, tutoring, employee in-service programs
designed to assist transitioning students and security
expenditures.
(i) The following apply:
(1) No later than ninety (90) days after designating a
school district under subsection (b)(1), the secretary shall
establish the Education Advisory Committee, consisting of
members selected by the secretary, including:
(i) A representative of each school district designated
under subsection (b)(1) recommended by the board of school
directors of the designated school district.
(ii) A member of the board of control of the distressed
school district subject to this section.
(iii) An administrator from each school district designated
under subsection (b)(1) and from the distressed school district
subject to this section.
(iv) A teacher from each school district designated under
subsection (b)(1) and from the distressed school district
subject to this section.
(v) An elected official representing voters in each school
district designated under subsection (b)(1) and the distressed
school district subject to this section.
(vi) Three (3) residents of each of the school districts
designated under subsection (b)(1).
(vii) Three (3) residents of the distressed school district
subject to this section.
(viii) An employe of the department. The employe must not
be a current member of the board of control.
(ix) A representative of the intermediate unit in which the
school districts designated under subsection (b)(1) and the
distressed school district subject to this section are located.
(2) The Education Advisory Committee shall provide a
semi-annual report to the secretary. The report shall include:
(i) An evaluation of the transition of students who have
been assigned to a school district designated under subsection
(b)(1).
(ii) Recommendations for changes to the process established
under subsection (b)(2).
(iii) Recommendations for improving education opportunities
for students of a distressed school district under this section.
(3) The secretary shall provide the Education Advisory
Committee a written response to the semi-annual report required
under paragraph (2).
(1607 amended Nov. 23, 2010, P.L.1350, No.123)
Compiler's Note: Section 4 of Act 123 of 2010, which amended
section 1607, provided that any regulations that are

inconsistent with Act 123 are hereby abrogated to the

extent of the inconsistency.
Section 1607.1. Distressed School Districts and Student
Attendance in Other Districts.--(a) If a third class school
district in which a public high school is not maintained
operates and, for at least five consecutive years, has operated
under a special board of control under section 692, has been
placed on the education empowerment list under section 1703-B,
has, with the approval of the secretary, curtailed its
educational program by eliminating its high school and has not
assigned its high school pupils to another school district or
school districts and provided adequate transportation in a
manner pursuant to section 1607, the secretary shall have the
following authority:
(1) To designate two or more school districts that shall
accept on a tuition basis the high school students of a
distressed school district, so long as a designated school
district's border is no more than three miles from the border
of the distressed school district. Such designation shall occur
no later than fifteen (15) days after the effective date of
this section. No designated school district shall be assigned
more than one hundred sixty-five (165) students from the
distressed school district.
(2) To establish a process that a distressed school district
shall use to reassign its high school students to the school
districts designated under paragraph (1).
(3) To establish the per-pupil tuition rate that a school
district designated under paragraph (1) shall receive for each
reassigned student in a regular or special education program.
For the 2007-2008 school year, the tuition rate shall be the
2006-2007 high school tuition charge of each of the school
districts designated under paragraph (1). For the 2008-2009
school year and each school year thereafter, the tuition rate
established under this paragraph may not exceed the tuition
rate established for the 2007-2008 school year multiplied by
the greater of either two per centum (2%) or the percentage
increase in total budgeted revenues available to a distressed
school district.
(b) A school district designated under subsection (a)(1)
shall provide transportation to reassigned students to its high
school and shall be eligible for transportation reimbursement
in a manner consistent with section 2541.
(c) The secretary shall publish the following on the
Department of Education's Internet website no later than August
1, 2007, and August 1 of each year thereafter and in the
Pennsylvania Bulletin no later than September 30, 2007, and
September 30 of each year thereafter:
(1) The names of the school districts designated under
subsection (a)(1).
(2) The process established under subsection (a)(2).
(3) The tuition rate established under subsection (a)(3).
(d) Notwithstanding any other provision of law, regulation,
guideline, directive, decision or agreement to the contrary,
any school district that is designated under subsection (a)(1)
may not be required to include the students in its public school
enrollment report for the purposes of determining an
interscholastic sports classification by a private entity that
is organized under the laws of this Commonwealth to administer
interscholastic athletics.
(e) A student assigned to a school district designated under
subsection (a)(1) shall be included in the average daily
membership of the student's school district of residence for

the purpose of providing basic education funding allocations

and special education funding payments pursuant to Article XXV.
(f) No later than February 1, 2008, and February 1 of each
year thereafter, the Legislative Budget and Finance Committee
shall submit a report to the chairman and minority chairman of
the Appropriations and Education Committees of the Senate and
to the chairman and minority chairman of the Appropriations and
Education Committees of the House of Representatives summarizing
the financial and academic status of a distressed school
district under this section and including an audit of its
accounts for the immediately preceding school year.
(g) For the 2007-2008 and 2008-2009 school years, a school
district designated under subsection (a)(1) shall receive an
additional per-pupil sum of five hundred dollars ($500) for
students reassigned pursuant to this section. These additional
funds shall be used for transition services to students,
including, but not limited to, student mentoring, tutoring,
employe in-service programs designed to assist transitioning
students and security expenditures.
(h) (1) No later than October 1, 2007, the secretary shall
establish an Education Advisory Committee which shall provide
semi-annual reports to the secretary. Such reports to the
secretary may include, but are not limited to:
(i) An evaluation of the transition of students who have
been assigned to a school district designated under subsection
(a)(1).
(ii) Recommendations for changes to the process established
under subsection (a)(2).
(iii) Recommendations for improving education opportunities
for students of a distressed school district under this section.
(2) The secretary shall provide the Education Advisory
Committee a written response to the semi-annual report required
under this paragraph.
(3) The Education Advisory Committee shall consist of
members selected by the secretary, including:
(i) A representative of each school district designated
under subsection (a)(1) recommended by the board of school
directors of the designated school district.
(ii) A member of the board of control of the distressed
school district.
(iii) An administrator from each school district designated
under subsection (a)(1) and from the distressed school district.
(iv) A teacher from each school district designated under
subsection (a)(1) and from the distressed school district.
(v) An elected official representing voters in each school
district designated under subsection (a)(1) and the distressed
school district.
(vi) Three residents of each of the school districts
designated under subsection (a)(1).
(vii) Three residents of the distressed school district.
(viii) An employe of the Department of Education, who shall
not be a current member of the board of control.
(ix) A representative of the intermediate unit in which the
school districts designated under subsection (a)(1) and the
distressed school district are located.
(1607.1 added July 20, 2007, P.L.278, No.45)
Section 1608. Requirements for Attendance in Other
Districts.--Pupils wishing to attend a high school in a district
other than the high school in the district in which they reside
shall obtain the consent of the board of school directors of
the district or joint school of the area in which such high
school is located before attending the same. Pupils desirous

of having their tuition paid in a high school in another

district shall secure written approval from the school board
in the district or joint board in the district or joint board
of the area of which they are residents. The board of school
directors of the district in which any such pupil resides may
enter into a written agreement with the receiving district for
the attendance and tuition of the pupil.
(1608 amended Aug. 11, 1959, P.L.683, No.228)
Section 1609. Attendance in Other District when Free
Transportation Not Furnished.--If any child has completed the
elementary course of study in the public schools of the district
in which he resides, and resides three miles or more, by public
road, from the nearest high school in the district, unless
proper free transportation is furnished, he may attend any more
convenient high school in another district, without the consent
of the board of school directors of the district in which he
resides, and the district in which he resides shall be liable
to the district whose high school he attends for the tuition
charge provided for in this act.
Section 1610. Fitness of Pupils.--All pupils desiring to
attend any high school outside the district in which they reside
shall first satisfy the superintendent having supervision of
the district in which they reside, as well as the superintendent
or principal of said high school, of their fitness to enter the
same.
Section 1611. Academic Degrees.--(a) The power to confer
academic degrees, honorary or otherwise, heretofore granted to
and possessed by any board of public education, board of school
directors, or controllers of any school district, on the
eighteenth day of May, one thousand nine hundred eleven, is
hereby vested in the board of school directors of such school
district as now constituted. Any public high school, in any
school district, existing on the eighteenth day of May, one
thousand nine hundred eleven, with a course of study of not
less than four years, and upon whose students of the full
prescribed course of study such academic or other degrees have
heretofore been conferred, shall be continued by the board of
school directors of the district in which it shall be located,
under such name or title, with such regulations, and courses
of study of such length and character, as the board may deem
necessary.
(b) A board of school directors may establish a program to
be known as "Operation Recognition" which provides for granting
a high school diploma to any honorably discharged veteran who
served in the United States military in World War II between
the sixteenth day of September, one thousand nine hundred forty,
and the thirty-first day of December, one thousand nine hundred
forty-six, who attended high school between one thousand nine
hundred thirty-seven and one thousand nine hundred forty-six
and who would have been a member of a graduation class during
the years one thousand nine hundred forty-one through one
thousand nine hundred fifty but did not graduate from high
school due to entry into military service. A board of school
directors may award a diploma posthumously to an eligible
veteran. An application for a diploma under this subsection
must be made in the manner prescribed by the board of school
directors.
(c) A board of school directors may establish a program to
be known as "Operation Recognition" which provides for granting
a high school diploma to any honorably discharged veteran who
served in the United States military in the Korean War between
the twenty-seventh day of June, one thousand nine hundred fifty,

and the thirty-first day of January, one thousand nine hundred

fifty-five, who attended high school between one thousand nine
hundred forty-seven and one thousand nine hundred fifty-five
and who would have been a member of a graduation class during
the years one thousand nine hundred fifty-one through one
thousand nine hundred fifty-seven but did not graduate from
high school due to entry into military service. A board of
school directors may award a diploma posthumously to an eligible
veteran. An application for a diploma under this subsection
must be made in the manner prescribed by the board of school
directors. ((c) added Dec. 9, 2002, P.L.1472, No.187)
(d) (1) A board of school directors may establish a program
to be known as "Operation Recognition" which provides for
granting a high school diploma to any honorably discharged
veteran who served in the United States military in the Vietnam
War between the twenty-eighth day of February, one thousand
nine hundred sixty-one, and the seventh day of May, one thousand
nine hundred seventy-five, who attended high school between one
thousand nine hundred fifty-eight and one thousand nine hundred
seventy-five and who would have been a member of a graduation
class during the years one thousand nine hundred sixty-one
through one thousand nine hundred seventy-five but did not
graduate from high school due to entry into military service.
(2) A board of school directors may award a diploma
posthumously to an eligible veteran.
(3) An application for a diploma under this subsection must
be made in the manner prescribed by the board of school
directors.
((d) added Nov. 17, 2010, P.L.996, No.104)
(1611 amended June 25, 2001, P.L.731, No.73)
Compiler's Note: Section 24 of Act 104 of 2010, which added
subsec. (d), provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1612. State Scholarships for Pupils of Secondary
Schools.--(1612 repealed Feb. 2, 1966, 1965 P.L.1886, No.599)
Section 1613. High School Certificates.--(a) The board of
school directors, joint board or joint school committee
operating any high school shall issue a certificate to each
pupil satisfactorily completing the prescribed course of
instruction in the high school.
(b) For those pupils graduating at the close of the school
year 1989-1990, and each school year thereafter, the following
minimum courses in grades nine through twelve are established
as a requirement for high school graduation in schools operated
by a bona fide church or other religious body:
(1) Four years of English.
(2) Three years of mathematics.
(3) Three years of science.
(4) Three years of social studies.
(5) Two years of arts and humanities.
(c) A child enrolled in a day or boarding school accredited
by an accrediting association which is approved by the State
Board of Education shall be deemed to have met the requirements
of subsection (b).
(d) The Department of Education, in a form and manner that
it shall prescribe, may issue a Commonwealth secondary school
diploma to an individual confined in a State-operated juvenile
or adult correctional facility located within this Commonwealth
if the individual has completed the required secondary school
curriculum specified by the department. If a Commonwealth

secondary school diploma is not issued, the department may award

academic credit for completed coursework.
(1613 amended June 22, 2001, P.L.530, No.35)
Section 1614. Participation By Students With Disabilities
in High School Graduation Ceremonies.--(a) For the 2005-2006
school year and each school year thereafter, a board of school
directors of a school district, an area vocational-technical
school or a charter school shall allow a student with a
disability, whose individualized education program as
established pursuant to 22 Pa. Code 14.131 (relating to IEP)
prescribes continued special education programs beyond the
fourth year of high school, to participate in commencement
ceremonies with the student's graduating class and receive a
certificate of attendance, provided that the student has
attended four years of high school regardless of whether the
student has completed the individualized education program.
(b) Nothing in this section shall be construed to preclude
a student with a disability from receiving a high school diploma
when the student satisfactorily completes an individualized
education program as required under 22 Pa. Code 14.131.
(1614 added May 1, 2006, P.L.107, No.31)
Section 1615. Virtual High School Study Commission.--(a)
The Virtual High School Study Commission is established within
the Department of Education to examine the feasibility and costs
associated with creating a State-operated, Internet-based high
school, to be known as the Pennsylvania Virtual High School,
which would provide secondary students throughout this
Commonwealth with access to a wide range of learning services
to include, at a minimum:
(1) Expanded curricular offerings such as higher level
mathematics and science courses, foreign language courses and
advanced placement courses.
(2) Increased options for concurrent enrollment in higher
education.
(3) Scholastic Aptitude Testing preparation programs.
(4) Summer enrichment and tutoring courses.
(5) Increased instructional options for at-risk students,
home-bound and alternative education students.
(6) Expanded offerings for gifted and talented students.
(7) Establishment of linkages between students and
prospective employers, including those offering high school
internships and apprenticeships.
(8) Establishment of programs or services to offer students
at risk of dropping out or who have dropped out an opportunity
to obtain a high school diploma.
(b) The Virtual High School Study Commission shall consist
of the following members:
(1) The majority chairman and the minority chairman of the
Education Committee of the Senate and the majority chairman and
the minority chairman of the Education Committee of the House
of Representatives.
(2) Two members of the Senate, one each to be chosen by the
President pro tempore and Minority Leader of the Senate.
(3) Two members of the House of Representatives, one each
to be chosen by the Majority Leader and Minority Leader of the
House of Representatives.
(4) The Secretary of Education or a designee.
(5) The chairman of the State Board of Education or a
designee who is a member of the State Board of Education.
(6) The Chancellor of the State System of Higher Education
or a designee.

(7) The presidents of each of the Commonwealth's four

State-related universities or their designees.
(8) The president of the Pennsylvania Commission for
Community Colleges or a designee.
(9) The president of the Association of Independent Colleges
and Universities of Pennsylvania or a designee.
(10) The president of the Pennsylvania Association of School
Administrators or a designee.
(11) The president of the Pennsylvania Association of
Elementary and Secondary School Principals or a designee.
(12) The president of the Pennsylvania Association of
Intermediate Units or a designee.
(13) The president of the Pennsylvania Association of Rural
and Small Schools or a designee.
(14) The president of the Pennsylvania League of Urban
Schools or a designee.
(15) The president of the Pennsylvania Federation of
Teachers or a designee.
(16) The president of the Pennsylvania State Education
Association or a designee.
(17) The president of the Pennsylvania School Boards
Association or a designee.
(18) The president of the Pennsylvania Parent Teacher
Association or a designee.
(19) The president of the Pennsylvania Chamber of Business
and Industry or a designee.
(20) Two representatives of Pennsylvania's broadband cable
industry, one each to be selected by the President pro tempore
of the Senate and the Speaker of the House of Representatives.
(21) Two chief executive officers of cyber charter schools
approved pursuant to subdivision (c) of Article XVII-A, selected
by the Pennsylvania Coalition of Charter Schools from among
cyber charter schools approved pursuant to subdivision (c) of
Article XVII-A.
Members of the commission shall be appointed within forty-five
(45) days of the effective date of this section.
(c) Any vacancy on the Virtual High School Study Commission
shall be filled by the original appointing officer or agency.
(d) The Virtual High School Study Commission shall select
a chairman and vice chairman from among its membership at an
organizational meeting. The organizational meeting shall take
place no later than ninety (90) days following the effective
date of this section.
(e) The Virtual High School Study Commission shall hold
meetings at the call of the chairman. The commission may also
hold public hearings on the matters to be considered by the
commission at locations throughout this Commonwealth. All
meetings and public hearings of the commission shall be deemed
public meetings for the purpose of 65 Pa.C.S. Ch. 7 (relating
to open meetings).
(f) Sixteen (16) members of the Virtual High School Study
Commission shall constitute a quorum at any meeting. Each member
of the commission may designate another person to represent
that member at meetings of the commission.
(g) Virtual High School Study Commission members shall
receive no compensation for their services but shall be
reimbursed for all necessary travel and other reasonable
expenses incurred in connection with the performance of their
duties as members.
(h) (1) The Virtual High School Study Commission may employ
technical and clerical staff as it deems necessary to carry out
its responsibilities under this section.

(2) The Department of Education shall provide administrative

support, office space and any other assistance required by the
commission to carry out its duties under this act.
(3) Whenever possible, the Commission shall utilize the
services and expertise of existing personnel and staff of State
government, and, to this end the Governor, the President pro
tempore of the Senate and Minority Leader of the Senate and the
Speaker of the House of Representatives and the Minority Leader
of the House of Representatives shall make such personnel and
staff available to the commission to the fullest extent
commensurate with the performance of their other duties.
(i) The Virtual High School Study Commission shall have the
following powers and duties:
(1) Meeting with all segments of the basic and higher
education communities, representatives of the State's business
and labor communities and Internet service providers operating
within this Commonwealth to discuss their potential involvement
in the operation of a State virtual high school program.
(2) Meeting with current operators of Internet-based
educational programs operating within this Commonwealth,
including those operated by school districts, intermediate units
and blended school programs.
(3) Reviewing State-operated virtual high school programs
already in operation throughout the United States.
(4) Evaluating and making recommendations on the following:
(i) An agency or institution to be responsible for
administration of the school and oversight of day-to-day
operations.
(ii) Courses to be offered, including how they will be
determined and assessed.
(iii) Faculty, including salaries, certification, training,
professional development and evaluation.
(iv) Policies for awarding of credits.
(v) Assuring maximum accessibility to high school students
in all geographic locations.
(vi) Student enrollment, verification of attendance and
performance assessment.
(vii) Program accountability.
(viii) Methods for funding, including cost estimates.
(ix) Internet filtering, blocking and other security issues.
(x) Intellectual property issues such as patents, copyrights
and trademarks.
(xi) Adaptation and accessibility for students with
disabilities.
(xii) Such other issues as it deems appropriate.
(j) The Virtual High School Study Commission shall issue a
report of its findings and recommendations to the Governor, the
President pro tempore of the Senate and Minority Leader of the
Senate, the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives, the majority
chairman and minority chairman of the Education Committee of
the Senate and the majority chairman and minority chairman of
the Education Committee of the House of Representatives no later
than December 31, 2009.
(1615 added July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1615, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1616. Wearing of Military Uniform at Graduation
Ceremony.--A student shall have the right to wear a dress
uniform issued to the student by a branch of the United States

Armed Forces while participating in the graduation ceremony for

the student's high school if that student meets the following
requirements:
(1) The student has fulfilled all of the requirements for
receiving a high school diploma in this Commonwealth and is
otherwise eligible to participate in the graduation ceremony.
(2) The student has completed basic training for and is an
active member of a branch of the United States Armed Forces.
(1616 amended July 12, 2012, P.L.1142, No.141)
ARTICLE XVI-A.
INTERSCHOLASTIC ATHLETICS ACCOUNTABILITY.
(Art. added Nov. 22, 2000, P.L.672, No.91)
Section 1601-A. Scope.--This article deals with
interscholastic athletics accountability.
(1601-A added Nov. 22, 2000, P.L.672, No.91)
Section 1602-A. Definitions.--The following words and
phrases when used in this article shall have the meanings given
to them in this section unless the context clearly indicates
otherwise:
"Association." The Pennsylvania Interscholastic Athletic
Association.
"Committee." The Legislative Budget and Finance Committee.
"Council." The Pennsylvania Athletic Oversight Council as
established in section 1603-A.
"Interscholastic athletics." All athletic contests or
competitions conducted between or among school entities situated
in counties of the second class, second class A, third class,
fourth class, fifth class, sixth class, seventh class and eighth
class.
"Nonpublic school." A school, other than a public school
within this Commonwealth, wherein a resident of this
Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"School entity." A public school, school district, nonpublic
school or private school in this Commonwealth other than a
private or nonpublic school which elects not to become a member
of the association.
(1602-A added Nov. 22, 2000, P.L.672, No.91)
Section 1603-A. Pennsylvania Athletic Oversight
Council.--(a) The Pennsylvania Athletic Oversight Council is
established.
(b) The council shall have seventeen voting members,
appointed as follows:
(1) Two members of the Senate, of which one shall be
appointed by the President pro tempore of the Senate and one
shall be appointed by the Minority Leader of the Senate. To the
greatest extent possible, appointees should have some experience
in interscholastic athletics or shall be parents of students
involved in interscholastic athletics.
(2) Two members of the House of Representatives, of which
one shall be appointed by the Speaker of the House of
Representatives and one shall be appointed by the Minority
Leader of the House of Representatives. To the greatest extent
possible, appointees should have some experience in
interscholastic athletics or shall be parents of students
involved in interscholastic athletics.
(3) The Secretary of Education or a designee.
(4) Twelve members shall be appointed as follows:
(i) The following organizations shall each submit three
nominations to the Governor, who shall then select two of the

names submitted from each of the organizations to serve on the

council. To the greatest extent possible, these appointments
shall be representative of all of the Pennsylvania
Interscholastic Athletic Association's athletic districts:
(A) The Pennsylvania Association of Secondary School
Principals.
(B) The Pennsylvania Association of School Administrators.
(C) The Pennsylvania School Boards Association.
(D) The Pennsylvania State Athletic Directors Association.
(ii) The following organizations shall each submit two
nominations to the Governor, who shall then select one of the
names submitted from each of the organizations to serve on the
council. To the greatest extent possible, these appointments
shall be representative of all of the Pennsylvania
Interscholastic Athletic Association's athletic districts:
(A) The Pennsylvania Congress of Parents and Teachers.
(B) The Pennsylvania Coaches Association.
(C) The Officials Council.
(iii) One member, as selected by the Governor, representing
those nonpublic schools that are members of the association.
(5) At least one member appointed under paragraph (4) must
be associated with women's athletics, including a coach of a
women's athletics team or the parent of a participant in women's
athletics.
(c) Terms are as follows:
(1) Members appointed by the Governor shall serve for the
duration of the existence of the council.
(2) Legislative members appointed by the Senate and the
House of Representatives shall serve at the pleasure of the
appointing authority.
(d) Vacancies occurring on the council by death,
resignation, removal or any other reason shall be filled within
thirty (30) days of the creation of the vacancy in the manner
in which that position was originally filled. An individual
appointed to fill a vacancy shall be appointed for the unexpired
term of the member he succeeds.
(e) The members of the council shall receive no actual
compensation for their services. However, all expenses
reasonably necessary for the members of the council to perform
their duties shall be paid by the Department of Education.
(f) The duties and responsibilities of the council shall
be as follows:
(1) To meet no less than four times a year at the call of
the chair. All such meetings shall be conducted in accordance
with the requirements of 65 Pa.C.S. Ch. 7 (relating to open
meetings).
(2) To make recommendations concerning changes to the
administration of interscholastic athletics to the association.
The council shall make recommendations on issues, including,
but not limited to:
(i) Appeals.
(ii) Athletic eligibility.
(iii) Transfers of students.
(iv) Expansion of PIAA-sanctioned athletic competitions or
sports, including the addition of other athletic associations
into PIAA-sponsored championships.
(3) To review and monitor the efforts of the association
to meet the criteria listed in section 1604-A(a) and (b).
(4) To hold public hearings, subject to the requirements
of 65 Pa.C.S. Ch. 7, on any issue concerning interscholastic
athletics. These issues shall include, but not be limited to:
(i) Appeals.

(ii) Athletic eligibility.

(iii) Transfers of students.
(iv) Expansion of PIAA-sanctioned athletic competitions or
sports, including the addition of other athletic associations
into PIAA-sponsored championships.
(5) To have access to all books, papers, documents and
records of the association in order to complete the annual
report required under clause (6).
(6) To issue an annual report to the chairman and minority
chairman of the Education Committee of the Senate, the chairman
and minority chairman of the Education Committee of the House
of Representatives and the president of the association
summarizing:
(i) The council's meetings, public hearings and other action
taken by the council.
(ii) The recommendations of the council made during the
year and the association's response to each recommendation.
(iii) The efforts of the association to meet the criteria
listed in section 1604-A(a) and (b).
(7) To issue a final report three (3) years after the
Governor has made the final appointments to the council to the
chairman and minority chairman of the Education Committee of
the Senate and the chairman and minority chairman of the
Education Committee of the House of Representatives and the
president of the association summarizing all of the council's
actions and recommendations over the previous three (3) years,
the association's response to each and the final determination
of the council under subsection (g).
(8) To elect a chairman and a vice chairman.
(9) To, at the council's discretion, request the committee
to perform an audit on any phase of the association's compliance
with the criteria listed in section 1604-A(a) or (b), as
necessary for the purposes of completing its annual or final
report.
((f) amended Dec. 9, 2002, P.L.1472, No.187)
(g) Expiration of council is as follows:
(1) If, by a majority vote, the council finds that the
association has met the criteria listed in section 1604-A(a)
and (b) to its satisfaction, the association shall continue to
oversee the operation of interscholastic athletics in this
Commonwealth, and the council shall expire. The council shall
publish a notice of its expiration in the Pennsylvania Bulletin.
(2) If, by a majority vote, the council finds that the
association has failed to meet the criteria listed in section
1604-A(a) and (b) to its satisfaction, the council shall, within
one (1) year of its finding, submit a proposal for the selection
of a new entity to oversee the operation of interscholastic
athletics in this Commonwealth to the chairman and minority
chairman of the Education Committee of the Senate and the
chairman and the minority chairman of the Education Committee
of the House of Representatives. Upon submission of the
proposal, the council shall expire, and the council shall
publish a notice of its expiration in the Pennsylvania Bulletin.
The association shall be allowed to continue to oversee the
operation of interscholastic athletics in this Commonwealth
only until such time as a new entity is authorized to do so.
(h) Staff.--The Pennsylvania Department of Education shall
provide support staff as needed to the council.
(1603-A added Nov. 22, 2000, P.L.672, No.91)
Section 1604-A. Council Recommendations and Standards.--(a)
The association shall take all steps necessary to comply with
the recommendations of the council, including recommendations

concerning appeals, athletic eligibility and transfers of

students.
(b) The association shall take all steps necessary to comply
with the following standards:
(1) Adopt and adhere to policies governing the conduct of
open meetings that conform with the requirements of 65 Pa.C.S.
Ch. 7 (relating to open meetings).
(2) Adopt and adhere to a policy establishing a competitive
bidding process for the purchase of nonincidental merchandise
and services that conforms with the requirements of this act.
(3) Adopt and adhere to a policy establishing a competitive
process for the selection of sites for championship
competitions.
(4) Agree to an annual financial and management review
conducted by the committee.
(i) Such reviews shall indicate whether the association
has:
(A) conformed with accepted accounting practices;
(B) conformed with all Federal and State statutes governing
the administration of nonprofit organizations;
(C) conformed with accepted administrative and management
practices; and
(D) contracted with employes who have fulfilled the duties
for which they were contracted and act in the best interests
of interscholastic athletics.
(ii) The committee shall report its findings from this
review to the council, which shall make any appropriate
recommendations to the association.
(5) Ensure that the membership of its board of directors
includes the following who shall be full, voting members:
(i) One member representing school boards of directors who
is an elected member of a school board of directors at the time
of appointment.
(ii) One member representing athletic directors who is
employed as an athletic director at the time of appointment.
(iii) One member representing coaches who is employed as a
coach at the time of appointment.
(iv) One member representing officials who is an active
official at the time of appointment.
(v) One member representing the Department of Education.
(vi) One member representing school administrators who is
employed as a school administrator at the time of appointment.
(vii) One member representing women's athletics.
(viii) One member representing nonpublic schools.
(ix) Two members representing parents.
(6) Not require any member school entity to reimburse the
association for legal fees and expenses incurred by the
association or any of its personnel in defending a legal action
authorized by a member school entity and brought against the
association or any of its personnel and take action to repeal
any present rule or policy authorizing such reimbursement prior
to the final report of the council.
(7) Adopt an evaluation system for game officials at
district, interdistrict and championship competitions and
utilize that evaluation system in the selection of individuals
to officiate those contests.
(8) Adopt and adhere to a policy prohibiting conflicts of
interest and setting forth rules of ethics to be followed by
association board members and employes.
(9) Employ in-house counsel.
(10) Evaluate the performance of its contracted employes
to determine whether they have complied with the provisions of

their contracts and to determine whether termination is

appropriate for any association employes who have violated the
provisions of their contracts.
(11) Adopt no rules restricting media access to
interscholastic athletic competitions or restricting the
substance of any commentary offered by media reporting of
interscholastic athletic competitions.
(12) Adopt rules intended to discourage its member school
entities from recruiting student athletes, provided that:
(i) Such rules and any penalties levied for their breach
shall be directed at the association's member schools and not
at individual student athletes who may have been the subject
of recruiting.
(ii) Any and all procedures established to gather evidence
related to the enforcement of such rules shall place the burden
of proof of the breach of such rules on the association and
shall afford any member school entity due process rights in
defending itself against the allegations, including a right to
a hearing on the charges before the imposition of penalties.
(iii) The association is specifically prohibited from
identifying individual student athletes as subjects or targets
of such procedures.
(13) Establish a policy, including a mechanism for
enforcement, requiring that persons involved in interscholastic
athletics be provided equality of opportunity and treatment
without regard to race, sex, religion, national origin or ethnic
background.
(14) By August 8, 2011, establish a policy requiring that
students who in the current or prior school year attended a
school entity that has abolished its program of interscholastic
athletics in whole or in part shall be eligible to participate
without penalty in the program of interscholastic athletics of
another school entity in which they are currently enrolled,
provided that:
(i) If the association fails to establish and enforce the
policy, no school entity may be a member of the association and
may not pay dues to the association directly or indirectly
through an affiliated organization.
(ii) No school entity that is a member of the association
may recruit to participate in its program of interscholastic
athletics any students who attend a school entity that has
abolished its program of interscholastic athletics.
(iii) If a school entity that has abolished its program of
interscholastic athletics in whole or in part reinstates its
program of interscholastic athletics in whole or in part in a
subsequent year, a student who is currently or was previously
enrolled in the school entity but who has participated in the
program of interscholastic athletics of another school entity
under this section shall be eligible to participate without
penalty in the program of interscholastic athletics of the
school entity that reinstated its previously abolished program
in whole or in part.
((14) added June 30, 2011, P.L.112, No.24)
(1604-A added Nov. 22, 2000, P.L.672, No.91)
Section 1605-A. Pennsylvania Athletic Oversight
Committee.--(a) The Pennsylvania Athletic Oversight Committee
is hereby established.
(b) The committee shall have six voting members who shall
serve at the pleasure of the appointing authority and be
appointed as follows:
(1) Three members of the Senate, of whom two shall be
appointed by the President pro tempore of the Senate and one

shall be appointed by the Minority Leader of the Senate. To the

greatest extent possible, appointees should have some experience
in interscholastic athletics or shall be parents of students
involved in interscholastic athletics.
(2) Three members of the House of Representatives, of whom
two shall be appointed by the Speaker of the House of
Representatives and one shall be appointed by the Minority
Leader of the House of Representatives. To the greatest extent
possible, appointees should have some experience in
interscholastic athletics or shall be parents of students
involved in interscholastic athletics.
(3) A chairman and vice chairman shall be elected from among
the members appointed under this subsection.
(c) The committee shall meet at least once each year for
the purpose of reviewing the association's continued compliance
with the criteria listed in section 1604-A(a) and (b) and
responding to issues related to the activities of the
association referred to the committee. The committee shall issue
an annual report of its findings to the President pro tempore
of the Senate and the Speaker of the House of Representatives.
(1605-A added July 4, 2004, P.L.536, No.70)
ARTICLE XVI-B
OPPORTUNITIES FOR EDUCATIONAL
EXCELLENCE
(Art. added July 13, 2005, P.L.226, No.46)
(a) Preliminary Provisions
(Subdiv. (a) added July 13, 2005, P.L.226, No.46)
Section 1601-B. Scope of article.
This article deals with concurrent enrollment.
(1601-B added July 13, 2005, P.L.226, No.46)
Section 1602-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Allowable tuition." The portion of tuition charged to a
school entity that is eligible for grant funding under this
article, which funding does not exceed:
(1) for any two-year postsecondary institution or
eligible private licensed school, the advertised tuition
rate charged by the institution for enrolled postsecondary
students;
(2) for any four-year public or private postsecondary
institution or eligible private licensed school, the tuition
rate charged by the State System of Higher Education for
enrolled postsecondary students;
(3) for any postsecondary institution that offered
postsecondary credit to students of the school entity prior
to the effective date of this section, the tuition rate
charged to those students; or
(4) for any early college high school program, middle
college high school program or gateway to college program,
the tuition charged for the program to a student's school
district of residence.
"Concurrent course." A postsecondary course that meets the
requirements under section 1605-B and that is included in a
concurrent enrollment agreement. The term includes an early
college high school program, a gateway to college program or a
middle college high school program.

"Concurrent enrollment agreement." The written agreement

between a school entity and each eligible postsecondary
institution establishing and detailing a concurrent enrollment
program.
"Concurrent enrollment committee." (Def. deleted by
amendment June 30, 2011, P.L.112, No.24)
"Concurrent enrollment program." A program administered and
developed by a school entity and an eligible postsecondary
institution that allows students to concurrently enroll in
postsecondary courses and to receive both secondary and
postsecondary credit for that coursework. The term includes an
early college high school program, a gateway to college program
or a middle college high school program.
"Concurrent student." A student who is enrolled in a school
district, a charter school, an area vocational-technical school,
a nonpublic school, a private school or a home education program
under section 1327.1 and who takes a concurrent course through
a concurrent enrollment program.
"Department." The Department of Education of the
Commonwealth.
"Early college high school program." A concurrent enrollment
program established under section 1611-B(a) that consists of a
structured sequence of secondary and postsecondary coursework
offered over a five-year to six-year period, the successful
completion of which yields both a high school diploma and
postsecondary credits equivalent to an associate of arts degree
or credits sufficient to enter a bachelor of arts program as a
junior.
"Eligible postsecondary institution." A nonprofit two-year
or four-year public or private college or university or an
eligible private licensed school approved to operate in this
Commonwealth. (Def. amended July 11, 2006, P.L.1092, No.114)
"Eligible private licensed school." A private licensed
school as defined in the act of December 15, 1986 (P.L.1585,
No.174), known as the Private Licensed Schools Act, that is
authorized to confer the degree of Associate in Specialized
Technology or Associate in Specialized Business.
"Gateway to college program." A concurrent enrollment
program established under section 1611-B(a) that offers eligible
participants the opportunity to enroll in postsecondary
coursework that is aligned to State academic standards, the
successful completion of which yields both a high school diploma
and the accumulation of postsecondary credits.
"Household." An individual living alone or with the
following: spouse, parent and their unemancipated minor
children; other unemancipated minor children who are related
by blood or marriage; or other adults or unemancipated minor
children living in the household who are dependent upon the
individual.
"Household income." All money or property received of
whatever nature and from whatever source derived. The term does
not include the following:
(1) Periodic payments for sickness and disability other
than regular wages received during a period of sickness or
disability.
(2) Disability, retirement or other payments arising
under workers' compensation acts, occupational disease acts
and similar legislation by any government.
(3) Payments commonly recognized as old-age or
retirement benefits paid to persons retired from service
after reaching a specific age or after a stated period of
employment.

(4) Payments commonly known as public assistance or

unemployment compensation from a governmental agency.
(5) Payments to reimburse actual expenses.
(6) Payments made by employers or labor unions for
programs covering hospitalization, sickness, disability or
death, supplemental unemployment benefits, strike benefits,
Social Security and retirement.
(7) Compensation received by members of the United
States Armed Forces serving in a combat zone.
"Low-income concurrent student." A concurrent student who
is a member of a household with an annual household income less
than or equal to 150% of the Federal income poverty guidelines
published by the Department of Health and Human Services.
"Middle college high school program." A concurrent
enrollment program established under section 1611-B(a) that
offers secondary and postsecondary coursework on the campus of
an eligible postsecondary institution, the successful completion
of which yields both a high school diploma and the accumulation
of postsecondary credits.
"School entity." A school district or an area
vocational-technical school.
"Total approved cost." The sum of the costs for allowable
tuition, books and fees for any concurrent course and the cost
of transportation to and from an eligible postsecondary
institution where such transportation is provided by a school
entity, as set forth in a concurrent enrollment agreement as
required under section 1613-B(b).
(1602-B added July 13, 2005, P.L.226, No.46)
Section 1603-B. Responsibilities of department and State Board
of Education.
(a) Rules and regulations.--The State Board of Education
shall promulgate any regulations necessary to carry out the
provisions of this article pursuant to the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act.
(b) Promotional materials.--The department shall publish
promotional materials on its publicly accessible website that
may be used by school entities to inform parents and students
about the requirements, features and opportunities of concurrent
enrollment programs established under this article. To the
extent that the department provides school entities with printed
promotional materials for dissemination, the department shall
make such materials available, upon request, to any charter
school, nonpublic school, private school or home education
program.
(c) Grants.-(1) The department shall provide a grant to any school
entity that has applied for grant funds under section
1611-B(c) and has approved a concurrent enrollment program
as set forth in this article. The grant amount to each school
entity shall be calculated for each concurrent course as
follows:
(i) Determine the total approved cost for all
concurrent students who are residents of the school
district or enrolled in the area vocational-technical
school.
(ii) Multiply the amount from subparagraph (i) by
the sum of 0.425 and the market value/income aid ratio
of the school entity, provided that where a concurrent
student is enrolled in an area vocational-technical
school, the market value/income aid ratio shall be the
average of the market value/income aid ratios of the
concurrent students' school districts of residence.

(2) (i) The total amount of grant funds available for

concurrent courses classified as early college high
school, middle college high school or gateway to college
programs shall equal 6% of the total amount of funds
appropriated for concurrent enrollment programs under
this article.
(ii) Where the total amount of grants provided for
concurrent courses classified as early college high
school, middle college high school or gateway to college
programs is less than the total amount of grant funds
available under this paragraph, any unexpended grant
funds shall be made available for other concurrent
students.
(3) (i) The total amount of grant funds available for
concurrent students who are enrolled in charter schools,
nonpublic schools, private schools or home education
programs shall equal 6% of the total amount of funds
appropriated for concurrent enrollment programs under
this article.
(ii) Where the total amount of grants provided on
behalf of concurrent students who are enrolled in charter
schools, nonpublic schools, private schools or home
education programs is less than the total amount of grant
funds available under this paragraph, any unexpended
grant funds shall be made available for other concurrent
students.
(4) The grant amount shall not exceed 100% of the total
approved cost of a concurrent course. Where funds
appropriated for this program are insufficient to fund the
full amount of all grants calculated under this subsection,
each grant amount shall be reduced on a pro rata basis.
(d) Supplemental grants.-(1) The department shall provide a supplemental grant
amount to any school entity that has applied for grant funds
under section 1611-B(c) and has at least one low-income
concurrent student enrolled in a concurrent course. The
supplemental grant amount shall equal the cost of tuition,
books and fees for which a low-income concurrent student is
responsible in order to enroll in a concurrent course.
(2) (i) The total amount of grant funds available under
this subsection shall equal 22% of the total amount of
funds appropriated for concurrent enrollment programs
under this article. Where funds available for
supplemental grants are insufficient to fund the full
amount of all supplemental grants under this subsection,
supplemental grant amounts shall be reduced on a pro
rata basis.
(ii) Where the total amount of supplemental grants
provided on behalf of low-income concurrent students is
less than the total amount of grant funds available under
this paragraph, any unexpended grant funds shall be made
available for other concurrent students.
((2) amended July 20, 2007, P.L.278, No.45)
(e) Technical assistance.--Upon request of a board of school
directors of a school entity, the department shall provide
technical assistance in the development of concurrent enrollment
agreements and concurrent enrollment programs.
(f) Annual report.--The department shall produce an annual
report on concurrent enrollment programs using the reporting
information submitted by school entities under section
1611-B(b). The annual report shall be provided to the chairman
and minority chairman of the Appropriations Committee of the

Senate, the chairman and minority chairman of the Appropriations

Committee of the House of Representatives, the chairman and
minority chairman of the Education Committee of the Senate and
the chairman and minority chairman of the Education Committee
of the House of Representatives no later than February 1, 2007,
and February 1 of each year thereafter. The report shall be
published on the department's publicly accessible website.
(1603-B amended July 11, 2006, P.L.1092, No.114)
Section 1604-B. Faculty.
(a) General rule.--A member of an eligible postsecondary
institution's faculty who teaches a concurrent course under
this article shall not be an employee of a school entity, an
independent contractor of a school entity or an employee of an
independent contractor of a school entity for purposes of
sections 111 and 2518 unless the faculty member teaches a course
in a school entity's building.
(b) Adjunct faculty members.--Nothing in this article shall
be construed to prohibit an eligible postsecondary institution
from contracting with a professional employee of a school entity
for purposes of a concurrent enrollment program if the
professional employee meets all qualifications for an adjunct
faculty member at the eligible postsecondary institution.
(c) Reductions prohibited.--A school entity may not reduce
the school entity's complement of professional or
paraprofessional employees due to student participation in a
program established under this article.
(d) Construction.--Nothing contained in this article shall
be construed to supersede or preempt any provision of a
collective bargaining agreement between a school entity and an
employee organization.
(1604-B added July 13, 2005, P.L.226, No.46)
Section 1605-B. Qualifying courses.
A concurrent course offered by an eligible postsecondary
institution as part of a concurrent enrollment program
established under this article shall meet the following
requirements:
(1) The concurrent course shall be set forth in the
concurrent enrollment agreement and shall either fulfill a
graduation requirement or be identified as advanced
coursework in a core academic subject as defined by the No
Child Left Behind Act of 2001.
(2) The concurrent course shall be a course for which
the eligible postsecondary institution awards credit.
(3) The concurrent course may be conducted during the
school entity's regular school hours notwithstanding any
other provision of this act.
(1605-B added July 13, 2005, P.L.226, No.46)
Section 1606-B. Construction of article.
Programs established under this article shall not be
construed as extracurricular activities.
(1606-B added July 13, 2005, P.L.226, No.46)
(b) Concurrent Enrollment
(Subdiv. (b) added July 13, 2005, P.L.226, No.46)
Section 1611-B. Responsibilities of school entities.
(a) Concurrent enrollment program.--A school entity seeking
a grant under section 1603-B(c) shall do all of the following:
(1) Enter into a concurrent enrollment agreement with
an eligible postsecondary institution or institutions as
required under section 1613-B.

(2) ((2) deleted by amendment June 30, 2011, P.L.112,

No.24)
(3) (i) Except as provided in subparagraph (ii),
provide, no later than 90 days prior to the date on which
an application is submitted pursuant to subsection (c),
written notice of the availability of the concurrent
enrollment program to:
(A) Any nonpublic or private school for which
the school entity provides free transportation as
required under section 1361.
(B) Any charter school approved to operate
within the school entity.
(C) The parents of students enrolled in a home
education program under section 1327.1.
(ii) For the 2006-2007 school year, a school entity
shall provide the information required under this
subparagraph no later than 30 days prior to the date on
which an application is submitted under subsection (c).
((a) amended June 30, 2011, P.L.112, No.24)
(b) Annual reporting information.--A school entity that
receives a grant under section 1603-B(c) shall submit an annual
report to the department. The report shall include:
(1) The eligible postsecondary institution or
institutions with which the school entity has established a
concurrent enrollment program.
(2) The number of concurrent students participating in
a concurrent enrollment program.
(3) The number of concurrent students participating in
a concurrent enrollment program who are enrolled in early
college high school, middle college high school or gateway
to college programs.
(4) The approved courses offered through a concurrent
enrollment program.
(5) The total approved cost for each concurrent course.
(6) The total amount of grant funds received pursuant
to section 1603-B(c).
(7) The number of concurrent students enrolled in
charter schools, nonpublic schools, private schools or home
education programs.
(c) Application for grant funds.--A school entity seeking
grant funds under section 1603-B(c) for the 2005-2006 school
year shall submit an application to the department no later
than September 15, 2005.
(1) A school entity seeking grant funds under section
1603-B(c) for the 2006-2007 school year shall submit an
application to the department no later than August 15, 2006.
(2) A school entity seeking grant funds under section
1603-B(c) for the 2007-2008 school year and each school year
thereafter shall submit an application to the department no
later than February 15. The application shall include:
(i) The total approved cost of each concurrent
course included in the concurrent enrollment agreement.
(ii) The number of concurrent students to be
enrolled in each concurrent course pursuant to the
concurrent enrollment agreement.
(iii) The cost of tuition, books and fees for which
a student will be responsible in order to enroll in each
concurrent course included in the concurrent enrollment
agreement.
(iv) The number of low-income concurrent students
to be enrolled in each concurrent course pursuant to the
concurrent enrollment agreement.

(v) The number of concurrent students to be enrolled

in early college high school, middle college high school
or gateway to college programs pursuant to the concurrent
enrollment agreement.
(vi) The eligible postsecondary institutions at
which concurrent courses will be offered pursuant to the
concurrent enrollment agreement.
(vii) The number of concurrent students enrolled
in charter schools, nonpublic schools, private schools
or home education programs.
(d) Use of grant funds.--A school entity shall use the
grants provided under section 1603-B(c) and (d) to pay the
portion of total approved costs for which it is provided grants.
(e) Limitation.--A school entity shall not be responsible
for the payment of any portion of the total approved costs for
any concurrent student enrolled in a charter school, nonpublic
school, private school or home education program in excess of
the grants provided under section 1603-B(c) and (d).
(f) Construction.--Nothing in this article shall be
construed to preclude a school entity that does not receive a
grant under section 1603-B(c) from continuing or entering into
an agreement with an institution of higher education under the
provisions of section 1525.
(1611-B amended July 11, 2006, P.L.1092, No.114)
Section 1612-B. Concurrent enrollment committees.--(1612-B
repealed June 30, 2011, P.L.112, No.24)
Section 1613-B. Concurrent enrollment agreements.
(a) Deadline.--In order to be eligible for funding under
section 1603-B(c), a school entity shall develop a concurrent
enrollment agreement and present it to each eligible
postsecondary institution participating in the concurrent
enrollment program for approval prior to the submission of a
grant application pursuant to section 1611-B(c). ((a) amended
June 30, 2011, P.L.112, No.24)
(b) Required provisions.--The concurrent enrollment
agreement shall at a minimum include all of the following
provisions:
(1) A ratification or modification of all existing
concurrent enrollment agreements to meet the requirements
of this article.
(2) An explanation of the criteria used to determine
student qualification for concurrent enrollment, which shall
include all of the following:
(i) Postsecondary placement test scores.
(ii) The results of nationally available achievement
tests or other standardized tests included in the
participating school entity's local assessment system.
(iii) Satisfactory progress toward fulfilling
applicable secondary school graduation requirements, as
determined by the school entity.
(iv) Demonstrated readiness for college-level
coursework, as determined by the eligible postsecondary
institution.
(v) Status as a high school junior or senior.
(3) A description and an explanation of the criteria
used to determine concurrent courses offered by the eligible
postsecondary institution, which shall include all of the
following:
(i) The course must be nonremedial.
(ii) The course must be offered in a core academic
subject as defined by the No Child Left Behind Act of
2001.

(iii) The course, as offered to concurrent students,

must be identical to that offered when concurrent
students are not enrolled, including the use of an
identical curriculum, assessments and instructional
materials.
(iv) The course must enforce prerequisite coursework
requirements identical to those enforced for the course
when concurrent students are not enrolled.
(4) A description of minimum performance criteria, in
courses offered by the school entity and in concurrent
courses, required for students to remain in the concurrent
enrollment program.
(5) An explanation of student transportation
responsibilities, if applicable.
(6) A list of all concurrent courses offered under a
concurrent enrollment agreement.
(7) The total approved cost of each concurrent course.
(8) Any additional provisions deemed appropriate by the
school entity and eligible postsecondary institution.
(1613-B added July 13, 2005, P.L.226, No.46)
Section 1614-B. Enrollment in concurrent courses.
(a) Requirements for enrollment.-(1) A student enrolled in a school entity in this
Commonwealth who meets the student qualifications set forth
in the concurrent enrollment agreement may enroll in
concurrent courses that are part of the concurrent enrollment
agreement.
(2) A student enrolled in a charter school, a nonpublic
school, a private school or a home education program in this
Commonwealth shall be permitted to enroll in concurrent
courses that are part of the concurrent enrollment agreement
approved by the student's school district of residence,
provided that:
(i) The student meets the qualifications set forth
in the concurrent enrollment agreement.
(ii) The charter school, nonpublic school, private
school or home education program awards secondary credit
for a successfully completed concurrent course.
The student shall notify the school district of residence of
the intent to enroll in the program. The student shall be
included in the number of students reported to the department
under section 1611-B(b) and (c).
(b) Optional enrollment.--A student enrolled in a school
district, charter school, area vocational-technical school,
nonpublic school, private school or home education program who
does not qualify under subsection (a) may enroll in concurrent
courses that are part of a concurrent enrollment program
approved by the student's school district of residence or the
area vocational-technical school in which the student is
enrolled by meeting alternate criteria agreed upon by the school
entity and the eligible postsecondary institution at which the
student seeks to enroll in concurrent courses, provided that
the charter school, nonpublic school, private school or home
education program awards secondary credit for a successfully
completed concurrent course. The student shall be included in
the number of students reported to the department under section
1611-B(b) and (c). ((b) amended June 30, 2011, P.L.112, No.24)
(1614-B added July 13, 2005, P.L.226, No.46)
Section 1615-B. Credit for concurrent courses.
(a) Award.--A school district, charter school, area
vocational-technical school, nonpublic school, private school
or home education program shall award secondary credit for a

successfully completed concurrent course, with success being

determined by the eligible postsecondary institution and set
forth in the concurrent enrollment agreement under section
1613-B(b)(4).
(b) Transcript.--A concurrent student's official secondary
school transcript shall reflect that credits for a concurrent
course were earned through an eligible postsecondary
institution.
(c) Transfer.-(1) In the event that a concurrent student who has
earned credits for a concurrent course transfers to a school
entity, the school entity that receives the concurrent
student shall recognize the credits as applying toward its
graduation requirements.
(2) In the event that a concurrent student who has
earned credits for a concurrent course transfers to a charter
school, a nonpublic school, a private school or a home
education program, the charter school, nonpublic school,
private school or home education program that receives the
concurrent student may recognize the credits as applying
toward its graduation requirements.
(d) Postsecondary award.-(1) If, after graduation from a secondary school, the
concurrent student enrolls in the postsecondary institution
at which the concurrent student took a concurrent course,
that institution shall award postsecondary credit for any
concurrent courses successfully completed by the concurrent
student at the institution.
(2) If the concurrent student enrolls in a postsecondary
institution other than the one at which the concurrent
student earned the credits, that institution may grant credit
for courses successfully completed by the concurrent student.
(3) Community colleges, member institutions of the State
System of Higher Education and State-related institutions
may not refuse to recognize and award credit for a concurrent
course based upon the fact that the credit was earned through
a concurrent enrollment program.
(e) Credit limit.--A concurrent student's concurrent course
enrollment may not exceed 24 postsecondary credits in any school
year.
(1615-B added July 13, 2005, P.L.226, No.46)
ARTICLE XVI-C
DISCLOSURE OF INTERSCHOLASTIC
ATHLETICS OPPORTUNITIES
(Art. added June 30, 2012, P.L.684, No.82)
Section 1601-C. Scope of article.
This article requires reporting by school entities of
athletic opportunities afforded to male and female secondary
school students.
(1601-C added June 30, 2012, P.L.684, No.82)
Section 1602-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Athletic facilities." Locker rooms, playing fields,
gymnasiums, field houses, arenas, athletic training rooms,
stadiums, weight rooms or any other location used by secondary
school students and their coaches for sports training, practice,
competition and coaching.
"Department." The Department of Education of the
Commonwealth.

"Equipment and supplies." Sport-specific equipment and

supplies, general equipment and supplies, instructional devices
and conditioning and weight training equipment.
"Participant." A secondary school student who is:
(1) receiving institutionally sponsored support normally
provided to athletes competing at the institution involved,
such as coaching, equipment, medical and training room
services, on a regular basis during a sport's season;
(2) participating in organized practice sessions and
other team meetings and activities on a regular basis during
a sport's season; and
(3) listed on the team list on the day of the team's
first scheduled competition, excluding preseason scrimmages.
"School entity." A school of a school district, joint school
district, area vocational-technical school or charter school
that provides interscholastic athletic opportunities for
secondary school students.
"Secondary school student." A student who attends a school
entity in grades 7 through 12.
"Travel." Transportation, housing furnished during travel
and per diem dining allowances.
"Uniforms." Clothing for practice and games, such as shoes,
rain gear and warm-up suits.
(1602-C added June 30, 2012, P.L.684, No.82)
Section 1603-C. Duty to disclose.
(a) Information.--A school entity shall annually submit
information to the department regarding interscholastic athletic
opportunity and treatment for male and female secondary school
students for the preceding school year.
(b) Disclosure form.--The information shall be submitted
on a disclosure form and in a manner to be established by the
department.
(c) Submission.--By October 15, 2013, and October 15 of
each year thereafter, a school entity shall submit to the
department the completed disclosure form for the immediately
preceding school year.
(d) Public access.--No later than November 1 of each year,
a school entity shall make a copy of the completed disclosure
form available for public inspection during regular business
hours, including on any publicly accessible Internet website
of the school entity. The completed disclosure form shall
constitute a public record subject to public inspection under
the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
(e) Notice to students and other affected individuals.--As
soon as the disclosure form required by this section is
completed, each school entity shall provide notice of its
availability for review to students, educational personnel,
student athletes and parents by posting a notice on school
bulletin boards, in the school newspaper, on any electronic
mailing list or list serve and by any other means reasonably
likely to provide such notice.
(1603-C added June 30, 2012, P.L.684, No.82)
Section 1604-C. Department duties.
(a) Duties.--The department shall establish a disclosure
form for the submission of the required information for the
immediately preceding school year by school entities. The
department shall provide for the distribution of the disclosure
form through the department's Internet website and shall provide
technical assistance to school entities.

(b) Disclosure form information.--The following information

shall be collected for all secondary school students in grades
7 through 12 and shall be included in the disclosure form:
(1) The total number of students in each school entity
as of October 1 of the immediately preceding school year,
including:
(i) the total number of students by gender; and
(ii) the total number of male students by race or
ethnicity and the total number of female students by
race or ethnicity.
(2) A listing by gender of each varsity, junior varsity
and freshman athletic team that competed in interscholastic
athletic competition.
(3) For each team identified in paragraph (2), the
following information:
(i) The total number of team participants as of the
day of the first scheduled competition for each team by
gender.
(ii) The total number of male team participants by
race or ethnicity and the total number of female team
participants by race or ethnicity as of the day of the
first scheduled competition for each team.
(iii) For the initial submission under this article,
the school year in which each existing interscholastic
athletic team was established and, for teams that the
school entity sponsored in the past but no longer
sponsors, the identity of the team and the year it was
eliminated or demoted from interscholastic competition.
For each subsequent year, a listing of interscholastic
athletic teams that were newly established,
reestablished, eliminated or demoted from interscholastic
competition during the reported school year.
(iv) The seasons during which each interscholastic
athletic team competed.
(v) The total value of contributions and purchases
made on behalf of each team by booster clubs, alumni and
any other nonschool sources.
(vi) The total expenditures for each team in the
school year, including a separate listing of expenditures
for each team in each of the following categories:
(A) The total amount of expenditures for travel.
(B) The total amount of expenditures for
purchase and replacement of athletic uniforms.
(C) The total amount of expenditures for
purchase and replacement of equipment and supplies.
(D) Compensation of coaches, per sport and per
season.
(E) Expenditures made for construction,
renovation, expansion, maintenance, repair and rental
of athletic facilities. For any facilities shared
by multiple teams, expenditures per team shall be
calculated either by dividing expenditures by the
number of teams using the facility or percentage of
time used by each team.
(F) Compensation of athletic trainers per
academic year.
(vii) The total number of athletic trainers,
including the amount of time spent by each athletic
trainer with each team.
(viii) The total number of coaches per team by
employment status, full time, part time, head and
assistant.

(ix) The total number of competitions scheduled and

played per team.
(x) The name of the school entity's Title IX
compliance officer required under 34 CFR 106.8(a)
(relating to designation of responsible employee and
adoption of grievance procedures).
(c) Copies.--The department shall make copies of all
submitted disclosures available for public inspection on the
department's publicly accessible Internet website.
(d) Annual report.--No later than January 15 of each year,
the department shall prepare and submit an annual report to the
General Assembly regarding the compliance with the disclosure
requirements of this article and summarizing the information
submitted to it regarding interscholastic athletic opportunity
for and treatment of each gender by race and ethnic group and
other such information as the department deems relevant.
(1604-C added June 30, 2012, P.L.684, No.82)
Section 1605-C. Regulations.
The department may promulgate rules, regulations or standards
to administer this article.
(1605-C added June 30, 2012, P.L.684, No.82)
ARTICLE XVII.
JOINT SCHOOLS AND DEPARTMENTS.
Section 1701. Establishment.--The board of school directors
in any two or more school districts may, with the approval of
the Department of Public Instruction, establish, construct,
equip, furnish, and maintain joint elementary public schools,
high schools, consolidated schools or any other kind of schools
or departments provided for in this act. The cost of
establishing, constructing, equiping, furnishing, and
maintaining such joint schools or departments, including the
cost of transportation of pupils, shall be paid by the several
districts establishing the same, in such manner and in such
proportion as they may agree upon. No joint school or department
shall be established without the approval of the Department of
Public Instruction or without receiving the affirmative vote
of a majority of the members of the board of school directors
in each district establishing the same. The action of the
several boards establishing and maintaining such joint schools
or departments shall be recorded in full in the minutes of the
respective boards.
(1701 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1702. Raising Funds.--Any school district joining
in the establishment of a joint school or department, as herein
provided, shall have the same power to raise the necessary funds
to pay its share of establishing and maintaining such joint
school or department as it has to raise funds to establish and
maintain any public school.
Section 1703. Written Agreements between Districts.--No
joint school or department of any kind shall be established,
unless the several districts intending to establish the same
shall first enter into and record in their respective minutes
a written agreement, by and among themselves agreeing that such
proposed joint school or department shall be established and
maintained by the several districts, in such manner and
proportion, and upon such terms as the several districts may
then agree upon, and no change shall be made therein without
the consent of each school district first obtained, by the
affirmative vote of a majority of the school directors thereof.

Section 1704. Joint Authority of Boards; Title to

Property.--The affairs of joint schools or departments shall
be supervised and directed (1) jointly by the several boards
of school directors, establishing and maintaining such joint
schools or departments, or (2) by a joint school committee, as
provided in section one thousand seven hundred seven of this
act. When there is no joint school committee, the several boards
of school directors are hereby authorized to meet jointly, and
exercise the same power and authority over the same as the
several boards exercise over the schools in their respective
districts. Whatever matter is required by law to be decided by
a vote of the majority of all the directors of a school district
shall in a joint school or department be required to be decided
by a vote of two-thirds of all the constituent boards comprising
said joint operation. The vote of any constituent board shall
be determined by a majority vote of all the school directors
comprising such constituent board. In addition thereto, the
matter shall have been voted for by a majority of all the school
directors of all of the constituent boards. All voting on the
affairs of joint schools or departments by the school directors
of the constituent boards shall be conducted either in a joint
meeting or by mail ballot, whichever procedure the majority of
all school directors select. The title to any real estate,
acquired for the purpose of establishing any such joint school
or department, shall be held in the name of one or more of the
districts establishing the same, as they may agree.
(1704 amended July 10, 1986, P.L.1270, No.117)
Section 1705. Treasurer; Budget.--The several boards of
school directors of the school districts establishing such joint
school or department shall, by joint meeting or mail ballot,
adopt the annual school budget. The presiding officer and
secretary of the joint session shall be the president and
secretary of the joint board or joint school committee. At such
joint session, or by mail ballot, they shall elect, from the
treasurers of their respective districts, one who shall act as
the treasurer of such joint school or department, for a one
year term beginning on the first day of July following his
election, to whom shall be paid, by the several districts
establishing such joint school or department, the amount agreed
upon to be contributed by each district for the support of such
joint school or department. They shall fix the salary of the
treasurer of such joint school or department annually, at an
amount not exceeding two per centum of the funds passing through
his hands.
(1705 amended July 10, 1986, P.L.1270, No.117)
Section 1706. Joint School Treasurer.--The treasurer of
each joint school or department shall give an approved bond to
the several districts establishing the same, to be filed with
president of any one of the boards of school directors
establishing such joint school or department. The account of
such treasurer shall be audited in the same manner and by the
same auditors as his account as treasurer of the school district
is audited, or in the discretion of the joint board of joint
school committee by three auditors selected by the board or
committee from among the total number of auditors of all the
member districts, or the joint board or joint school committee
may employ a certified public accountant to audit the accounts
of the joint board treasurer and to fix his compensation. Such
joint school treasurer shall be subject to all the provisions
of this act, the same as the treasurer of any school district,
so far as they apply to him.
(1706 amended June 18, 1959, P.L.472, No.100)

Section 1707. Joint School Committee.--The boards of school

directors, establishing any joint school or department, may
supervise and direct its affairs, jointly, in the same manner
as the affairs of individual school districts are managed; or
they may agree that the affairs of such joint school or
department may be managed by a joint school committee within
the limits of the budget adopted by the joint board. Where such
management is delegated to a joint school committee, every
school board establishing joint schools or departments shall,
at the annual meeting during the month of December, select one
or more of its members who, with the members chosen in like
manner in the other districts, shall constitute the joint school
committee. Every such school board may also select at any annual
or regular meeting one or more alternates from its members to
serve in the event selected members are unable to attend a
meeting of the joint school committee. The alternate, when
directed by the president of the school board to attend a
meeting of the joint school committee in the absence of the
selected member, shall have all the powers and duties of a
regular member of such committee. This committee shall have all
the powers and duties and be subject to all the liabilities
with reference to the supervision, maintenance and regulation
of such joint schools or departments as are now conferred or
imposed by law upon school boards generally. The affirmative
vote of a majority of all the members of this committee, duly
recorded, showing how each member voted, shall be required in
order to take action upon those subjects enumerated in section
five hundred eight of this act. Such votes may be recorded in
a joint meeting or by mail ballot. Failure to comply with the
provisions of this act shall render void and unenforceable the
acts of the joint school committee with reference thereto. The
joint board and the joint school committee, if authorized, shall
organize annually during the month of December by electing a
president, vice-president and secretary, who shall perform the
duties imposed by this act on the president, vice-president and
secretary of regular school boards. The secretary so elected
shall serve for a term of four years. The expenses of
maintaining the joint school or department shall be paid by
warrant drawn on the joint board treasurer by the president and
secretary of the joint board or the joint school committee.
Whenever two or more boards of school directors, who are at
the time members of a joint board operating a joint school or
department, join with other boards of school directors in the
formation of a joint school committee operating an area
vocational-technical school or technical institute, the joint
committee may be formed as may be agreed: Provided, That each
joint school or department have at least one member on the joint
school committee.
(1707 amended July 10, 1986, P.L.1270, No.117)
Section 1707.1. Joint School System Operated by Union or
Merged School Districts and Other Districts.--If one or more
of the districts comprising an approved administrative unit
operating a joint school system, or if one or more districts
which are part of an approved administrative unit operating a
joint school system, fails to unite with the other member
districts and other districts comprising the approved
administrative unit in the formation of a union or merged school
district, the joint school organization shall continue in
operation as a joint school system of the newly formed union
or merged school district and the remaining districts unless
discontinued under the provisions of section 1708, and the
several school boards constituting the joint organization shall,

prior to the effective date of the union or merged district,

amend the articles of agreement to provide for an equitable
plan for the continued operation of the joint school
organization. In cases in which the member districts of the
joint board or the member districts of the joint board and
additional districts constituting the approved administrative
unit have failed, by the effective date of the union or merged
district, to amend the joint agreement or form a new agreement
establishing a satisfactory basis of operation, the affairs of
the resulting joint school organization shall be supervised and
directed by a joint committee, composed of one member from each
school board of the original school districts and one member
from each additional district within the approved administrative
unit operating the joint organization. In cases where an even
number of districts are involved, an additional director shall
be elected by the joint school committee from the district
having the largest pupil population. The joint committee so
composed shall have the powers and duties and be subjected to
the same liabilities as provided to joint committees under
section 1707 of this act.
(1707.1 amended July 20, 1961, P.L.818, No.354)
Section 1708. Discontinuance.--The several school districts
establishing any joint school or department may, at any time
by a majority vote of the school directors of their respective
districts, discontinue any such joint school or department. The
property belonging thereto, when discontinued, shall, unless
otherwise agreed upon by the several districts, be disposed of
and distributed to and among them in the same proportion as it
was originally contributed.
Section 1709. Traveling Expenses at Meetings of Joint Boards
or Joint School Committees.--Each school director of a school
district having established a joint school or department with
another school district, or, in case the affairs of such joint
school or department are being managed by a joint school
committee, then each member of such committee, shall receive
for his necessary traveling expenses mileage at the rate of
seven cents (7) per mile for the distance necessary to be
traveled in going to and from the meetings of such joint board
or joint school committee, not in excess, however, of twelve
(12) meetings a year. Said amount shall be paid by warrant drawn
on the joint board treasurer by the president and secretary of
the joint board or joint school committee.
(1709 amended February 14, 1956, P.L.1040, No.330)
ARTICLE XVII-A.
CHARTER SCHOOLS.
(Art. XVII-A added June 19, 1997, P.L.225, No.22)
(a) Preliminary Provisions.
Compiler's Note: See sections 2 and 3 of Act 22 of 1997 in
the appendix to this act for special provisions relating
to legislative declarations and findings and
appropriations.
Section 1701-A. Short Title.--This article shall be known
and may be cited as the "Charter School Law."
(1701-A added June 19, 1997, P.L.225, No.22)
Section 1702-A. Legislative Intent.--It is the intent of
the General Assembly, in enacting this article, to provide
pupils and community members to establish and maintain schools
that operate independently from the existing school district
structure as a method to accomplish all of the following:

(1) Improve pupil learning.

(2) Increase learning opportunities for all pupils.
(3) Encourage the use of different and innovative teaching
methods.
(4) Create new professional opportunities for teachers,
including the opportunity to be responsible for the learning
program at the school site.
(5) Provide parents and pupils with expanded choices in the
types of educational opportunities that are available within
the public school system.
(6) Hold the schools established under this act accountable
for meeting measurable academic standards and provide the school
with a method to establish accountability systems.
(1702-A added June 19, 1997, P.L.225, No.22)
Section 1703-A. Definitions.--As used in this article,
"Appeal board" shall mean the State Charter School Appeal
Board established by this article.
"At-risk student" shall mean a student at risk of educational
failure because of limited English proficiency, poverty,
community factors, truancy, academic difficulties or economic
disadvantage.
"Charter school" shall mean an independent public school
established and operated under a charter from the local board
of school directors and in which students are enrolled or
attend. A charter school must be organized as a public,
nonprofit corporation. Charters may not be granted to any
for-profit entity.
"Chief executive officer" shall mean an individual appointed
by the board of trustees to oversee and manage the operation
of the charter school, but who shall not be deemed a
professional staff member under this article.
"Cyber charter school" shall mean an independent public
school established and operated under a charter from the
Department of Education and in which the school uses technology
in order to provide a significant portion of its curriculum and
to deliver a significant portion of instruction to its students
through the Internet or other electronic means. A cyber charter
school must be organized as a public, nonprofit corporation. A
charter may not be granted to a for-profit entity.
"Department" shall mean the Department of Education of the
Commonwealth.
"Local board of school directors" shall mean the board of
directors of a school district in which a proposed or an
approved charter school is located.
"Regional charter school" shall mean an independent public
school established and operated under a charter from more than
one local board of school directors and in which students are
enrolled or attend. A regional charter school must be organized
as a public, nonprofit corporation. Charters may not be granted
to any for-profit entity.
"School district of residence" shall mean the school district
in this Commonwealth in which the parents or guardians of a
child reside.
"School entity" shall mean a school district, intermediate
unit, joint school or area vocational-technical school.
"Secretary" shall mean the Secretary of Education of the
Commonwealth.
"State board" shall mean the State Board of Education of the
Commonwealth.
(1703-A amended June 29, 2002, P.L.524, No.88)
(b) Charter Schools.
(Subdiv. (b) added June 19, 1997, P.L.225, No.22)

Section 1714-A. Powers of Charter Schools.--(a) A charter

school established under this act is a body corporate and shall
have all powers necessary or desirable for carrying out its
charter, including, but not limited to, the power to:
(1) Adopt a name and corporate seal; however, any name
selected shall include the words "charter school."
(2) Sue and be sued, but only to the same extent and upon
the same condition that political subdivisions and local
agencies can be sued.
(3) Acquire real property from public or private sources
by purchase, lease, lease with an option to purchase or gift
for use as a charter school facility.
(4) Receive and disburse funds for charter school purposes
only.
(5) Make contracts and leases for the procurement of
services, equipment and supplies.
(6) Incur temporary debts in anticipation of the receipt
of funds.
(6.1) Incur debt for the construction of school facilities.
(7) Solicit and accept any gifts or grants for charter
school purposes.
(b) A charter school shall have such other powers as are
necessary to fulfill its charter and which are not inconsistent
with this article.
(c) Any indebtedness incurred by a charter school in the
exercise of the powers specified in this section shall not
impose any liability or legal obligation upon a school entity
or upon the Commonwealth.
(1714-A amended July 4, 2004, P.L.536, No.70)
Section 1715-A. Charter School Requirements.--Charter
schools shall be required to comply with the following
provisions:
(1) Except as otherwise provided in this article, a charter
school is exempt from statutory requirements established in
this act, from regulations of the State board and the standards
of the secretary not specifically applicable to charter schools.
Charter schools are not exempt from statutes applicable to
public schools other than this act.
(2) A charter school shall be accountable to the parents,
the public and the Commonwealth, with the delineation of that
accountability reflected in the charter. Strategies for
meaningful parent and community involvement shall be developed
and implemented by each school.
(3) A charter school shall not unlawfully discriminate in
admissions, hiring or operation.
(4) A charter school shall be nonsectarian in all
operations.
(5) A charter school shall not provide any religious
instruction, nor shall it display religious objects and symbols
on the premises of the charter school.
(6) A charter school shall not advocate unlawful behavior.
(7) A charter school shall only be subject to the laws and
regulations as provided for in section 1732-A, or as otherwise
provided for in this article.
(8) A charter school shall participate in the Pennsylvania
State Assessment System as provided for in 22 Pa. Code Ch. 5
(relating to curriculum), or subsequent regulations promulgated
to replace 22 Pa. Code Ch. 5, in the manner in which the school
district in which the charter school is located is scheduled
to participate.

(9) A charter school shall provide a minimum of one hundred

eighty (180) days of instruction or nine hundred (900) hours
per year of instruction at the elementary level, or nine hundred
ninety (990) hours per year of instruction at the secondary
level. Nothing in this clause shall preclude the use of computer
and satellite linkages for delivering instruction to students.
(10) Boards of trustees and contractors of charter schools
shall be subject to the following statutory requirements
governing construction projects and construction-related work:
(i) The following provisions of this act:
(A) Sections 751 and 751.1.
(B) Sections 756 and 757 insofar as they are consistent
with the act of December 20, 1967 (P.L.869, No.385), known as
the "Public Works Contractors' Bond Law of 1967."
(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104),
entitled "An act regulating the letting of certain contracts
for the erection, construction, and alteration of public
buildings."
(iii) The act of August 11, 1961 (P.L.987, No.442), known
as the "Pennsylvania Prevailing Wage Act."
(iv) The "Public Works Contractors' Bond Law of 1967."
(v) The act of March 3, 1978 (P.L.6, No.3), known as the
"Steel Products Procurement Act."
(11) Trustees of a charter school shall be public officials.
(12) A person who serves as an administrator for a charter
school shall not receive compensation from another charter
school or from a company that provides management or other
services to another charter school. The term "administrator"
shall include the chief executive officer of a charter school
and all other employes of a charter school who by virtue of
their positions exercise management or operational oversight
responsibilities. A person who serves as an administrator for
a charter school shall be a public official under 65 Pa.C.S.
Ch. 11 (relating to ethics standards and financial disclosure).
A violation of this clause shall constitute a violation of 65
Pa.C.S. 1103(a) (relating to restricted activities), and the
violator shall be subject to the penalties imposed under the
jurisdiction of the State Ethics Commission. ((12) added July
9, 2008, P.L.846, No.61)
(1715-A added June 19, 1997, P.L.225, No.22)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1715-A(12), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1716-A. Powers of Board of Trustees.--(a) The board
of trustees of a charter school shall have the authority to
decide matters related to the operation of the school,
including, but not limited to, budgeting, curriculum and
operating procedures, subject to the school's charter. The board
shall have the authority to employ, discharge and contract with
necessary professional and nonprofessional employes subject to
the school's charter and the provisions of this article.
(b) No member of a local board of school directors of a
school entity shall serve on the board of trustees of a charter
school that is located in the member's district.
(c) The board of trustees shall comply with the act of July
3, 1986 (P.L.388, No.84), known as the "Sunshine Act."
(1716-A added June 19, 1997, P.L.225, No.22)
Section 1717-A. Establishment of Charter School.--(a) A
charter school may be established by an individual; one or more
teachers who will teach at the proposed charter school; parents
or guardians of students who will attend the charter school;

any nonsectarian college, university or museum located in this

Commonwealth; any nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations); any corporation, association or
partnership; or any combination thereof. A charter school may
be established by creating a new school or by converting an
existing public school or a portion of an existing public
school. No charter school shall be established or funded by and
no charter shall be granted to any sectarian school, institution
or other entity. No funds allocated or disbursed under this
article shall be used to directly support instruction pursuant
to section 1327.1.
(b) (1) The conversion of an existing public school or
portion of an existing public school to a charter school may
be initiated by any individual or entity authorized to establish
a charter school under subsection (a).
(2) In order to convert an existing public school to a
charter school, the applicants must show that:
(i) More than fifty per centum of the teaching staff in the
public school have signed a petition in support of the public
school becoming a charter school; and
(ii) More than fifty per centum of the parents or guardians
of pupils attending that public school have signed a petition
in support of the school becoming a charter school.
(3) In no event shall the board of school directors serve
as the board of trustees of an existing school which is
converted to a charter school pursuant to this subsection.
(c) An application to establish a charter school shall be
submitted to the local board of school directors of the district
where the charter school will be located by November 15 of the
school year preceding the school year in which the charter
school will be established except that for a charter school
beginning in the 1997-1998 school year, an application must be
received by July 15, 1997. In the 1997-1998 school year only,
applications shall be limited to recipients of fiscal year
1996-1997 Department of Education charter school planning
grants.
(d) Within forty-five (45) days of receipt of an
application, the local board of school directors in which the
proposed charter school is to be located shall hold at least
one public hearing on the provisions of the charter application,
under the act of July 3, 1986 (P.L.388, No.84), known as the
"Sunshine Act." At least forty-five (45) days must transpire
between the first public hearing and the final decision of the
board on the charter application except that for a charter
school beginning in the 1997-1998 school year, only thirty (30)
days must transpire between the first public hearing and the
final decision of the board.
(e) (1) Not later than seventy-five (75) days after the
first public hearing on the application, the local board of
school directors shall grant or deny the application. For a
charter school beginning in the 1997-1998 school year, the local
board of school directors shall grant or deny the application
no later than sixty (60) days after the first public hearing.
(2) A charter school application submitted under this
article shall be evaluated by the local board of school
directors based on criteria, including, but not limited to, the
following:
(i) The demonstrated, sustainable support for the charter
school plan by teachers, parents, other community members and
students, including comments received at the public hearing
held under subsection (d).

(ii) The capability of the charter school applicant, in

terms of support and planning, to provide comprehensive learning
experiences to students pursuant to the adopted charter.
(iii) The extent to which the application considers the
information requested in section 1719-A and conforms to the
legislative intent outlined in section 1702-A.
(iv) The extent to which the charter school may serve as a
model for other public schools.
(3) The local board of school directors, in the case of an
existing school being converted to a charter school, shall
establish the alternative arrangements for current students who
choose not to attend the charter school.
(4) A charter application shall be deemed approved by the
local board of school directors of a school district upon
affirmative vote by a majority of all the directors. Formal
action approving or denying the application shall be taken by
the local board of school directors at a public meeting, with
notice or consideration of the application given by the board,
under the "Sunshine Act."
(5) Written notice of the board's action shall be sent to
the applicant, the department and the appeal board. If the
application is denied, the reasons for the denial, including a
description of deficiencies in the application, shall be clearly
stated in the notice sent by the local board of school directors
to the charter school applicant.
(f) At the option of the charter school applicant, a denied
application may be revised and resubmitted to the local board
of school directors. Following the appointment and confirmation
of the Charter School Appeal Board under section 1721-A, the
decision of the local board of school directors may be appealed
to the appeal board. When an application is revised and
resubmitted to the local board of school directors, the board
may schedule additional public hearings on the revised
application. The board shall consider the revised and
resubmitted application at the first board meeting occurring
at least forty-five (45) days after receipt of the revised
application by the board. For a revised application resubmitted
for the 1997-1998 school year, the board shall consider the
application at the first board meeting occurring at least thirty
(30) days after its receipt. The board shall provide notice of
consideration of the revised application under the "Sunshine
Act." No appeal from a decision of a local school board may be
taken until July 1, 1999.
(g) Notwithstanding the provisions of subsection (e)(5),
failure by the local board of directors to hold a public hearing
and to grant or deny the application for a charter school within
the time periods specified in subsections (d), (e) and (f) shall
permit the applicant for a charter to file its application as
an appeal to the appeal board. In such case, the appeal board
shall review the application and make a decision to grant or
deny a charter based on the criteria established in subsection
(e)(2).
(h) In the case of a review by the appeal board of an
application that is revoked or is not renewed, the appeal board
shall make its decision based on the criteria established in
subsection (e)(2). A decision by the appeal board under this
subsection or subsection (g) to grant, to renew or not to revoke
a charter shall serve as a requirement for the local board of
directors of a school district or school districts, as
appropriate, to sign the written charter of the charter school
as provided for in section 1720-A. Should the local board of
directors fail to grant the application and sign the charter

within ten (10) days of notice of reversal of the decision of

the local board of directors, the charter shall be deemed to
be approved and shall be signed by the chairman of the appeal
board.
(i) (1) The appeal board shall have the exclusive review
of an appeal by a charter school applicant, or by the board of
trustees of an existing charter school, of a decision made by
a local board of directors not to grant a charter as provided
in this section.
(2) In order for a charter school applicant to be eligible
to appeal the denial of a charter by the local board of
directors, the applicant must obtain the signatures of at least
two per centum of the residents of the school district or of
one thousand (1,000) residents, whichever is less, who are over
eighteen (18) years of age. For a regional charter school, the
applicant must obtain the signatures of at least two per centum
of the residents of each school district granting the charter
or of one thousand (1,000) residents from each of the school
districts granting the charter, whichever is less, who are over
eighteen (18) years of age. The signatures shall be obtained
within sixty (60) days of the denial of the application by the
local board of directors in accordance with clause (3).
(3) Each person signing a petition to appeal denial of a
charter under clause (2) shall declare that he or she is a
resident of the school district which denied the charter
application and shall include his or her printed name;
signature; address, including city, borough or township, with
street and number, if any; and the date of signing. All pages
shall be bound together. Additional pages of the petition shall
be numbered consecutively. There shall be appended to the
petition a statement that the local board of directors rejected
the petition for a charter school, the names of all applicants
for the charter, the date of denial by the board and the
proposed location of the charter school. No resident may sign
more than one petition relating to the charter school
application within the sixty (60) days following denial of the
application. The department shall develop a form to be used to
petition for an appeal.
(4) Each petition shall have appended thereto the affidavit
of some person, not necessarily a signer, setting forth all of
the following:
(i) That the affiant is a resident of the school district
referred to in the petition.
(ii) The affiant's residence, giving city, borough or
township, with street and number, if any.
(iii) That the signers signed with full knowledge of the
purpose of the petition.
(iv) That the signers' respective residences are correctly
stated in the petition.
(v) That the signers all reside in the school district.
(vi) That each signer signed on the date set forth opposite
the signer's name.
(vii) That to the best of the affiant's knowledge and
belief, the signers are residents of the school district.
(5) If the required number of signatures are obtained within
sixty (60) days of the denial of the application, the applicant
may present the petition to the court of common pleas of the
county in which the charter school would be situated. The court
shall hold a hearing only on the sufficiency of the petition.
The applicant and local board of school directors shall be given
seven (7) days' notice of the hearing. The court shall issue a
decree establishing the sufficiency or insufficiency of the

petition. If the petition is sufficient, the decree shall be

transmitted to the State Charter School Appeal Board for review
in accordance with this section. Notification of the decree
shall be given to the applicant and the local board of
directors.
(6) In any appeal, the decision made by the local board of
directors shall be reviewed by the appeal board on the record
as certified by the local board of directors. The appeal board
shall give due consideration to the findings of the local board
of directors and specifically articulate its reasons for
agreeing or disagreeing with those findings in its written
decision. The appeal board shall have the discretion to allow
the local board of directors and the charter school applicant
to supplement the record if the supplemental information was
previously unavailable.
(7) Not later than thirty (30) days after the date of notice
of the acceptance of the appeal, the appeal board shall meet
to officially review the certified record.
(8) Not later than sixty (60) days following the review
conducted pursuant to clause (6), the appeal board shall issue
a written decision affirming or denying the appeal. If the
appeal board has affirmed the decision of the local board of
directors, notice shall be provided to both parties.
(9) A decision of the appeal board to reverse the decision
of the local board of directors shall serve as a requirement
for the local board of directors of a school district or school
districts, as appropriate, to grant the application and sign
the written charter of the charter school as provided for in
section 1720-A. Should the local board of directors fail to
grant the application and sign the charter within ten (10) days
of notice of the reversal of the decision of the local board
of directors, the charter shall be deemed to be approved and
shall be signed by the chairman of the appeal board.
(10) All decisions of the appeal board shall be subject to
appellate review by the Commonwealth Court.
(1717-A added June 19, 1997, P.L.225, No.22)
Section 1718-A. Regional Charter School.--(a) A regional
charter school may be established by an individual, one or more
teachers who will teach at the proposed charter school; parents
or guardians of students who will attend the charter school;
any nonsectarian college, university or museum located in this
Commonwealth; any nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations); any corporation, association or
partnership; or any combination thereof. A regional charter
school may be established by creating a new school or by
converting an existing public school or a portion of an existing
public school. Conversion of an existing public school to a
regional charter school shall be accomplished in accordance
with section 1714-A(b). No regional charter school shall be
established or funded by and no charter shall be granted to any
sectarian school, institution or other entity.
(b) The boards of school directors of one or more school
districts may act jointly to receive and consider an application
for a regional charter school, except that any action to approve
an application for a charter or to sign a written charter of
an applicant shall require an affirmative vote of a majority
of all the directors of each of the school districts involved.
The applicant shall apply for a charter to the board of
directors of any school district in which the charter school
will be located.

(c) The provisions of this article as they pertain to

charter schools and the powers and duties of the local board
of school directors of a school district and the appeal board
shall apply to regional charter schools, except as provided in
subsections (a) and (b) or as otherwise clearly stated in this
article.
(1718-A added June 19, 1997, P.L.225, No.22)
Section 1719-A. Contents of Application.--An application
to establish a charter school shall include all of the following
information:
(1) The identification of the charter applicant.
(2) The name of the proposed charter school.
(3) The grade or age levels served by the school.
(4) The proposed governance structure of the charter school,
including a description and method for the appointment or
election of members of the board of trustees.
(5) The mission and education goals of the charter school,
the curriculum to be offered and the methods of assessing
whether students are meeting educational goals.
(6) The admission policy and criteria for evaluating the
admission of students which shall comply with the requirements
of section 1723-A.
(7) Procedures which will be used regarding the suspension
or expulsion of pupils. Said procedures shall comply with
section 1318.
(8) Information on the manner in which community groups
will be involved in the charter school planning process.
(9) The financial plan for the charter school and the
provisions which will be made for auditing the school under
section 437.
(10) Procedures which shall be established to review
complaints of parents regarding the operation of the charter
school.
(11) A description of and address of the physical facility
in which the charter school will be located and the ownership
thereof and any lease arrangements.
(12) Information on the proposed school calendar for the
charter school, including the length of the school day and
school year consistent with the provisions of section 1502.
(13) The proposed faculty and a professional development
plan for the faculty of a charter school.
(14) Whether any agreements have been entered into or plans
developed with the local school district regarding participation
of the charter school students in extracurricular activities
within the school district. Notwithstanding any provision to
the contrary, no school district of residence shall prohibit a
student of a charter school from participating in any
extracurricular activity of that school district of residence:
Provided, That the student is able to fulfill all of the
requirements of participation in such activity and the charter
school does not provide the same extracurricular activity.
(15) A report of criminal history record, pursuant to
section 111, for all individuals who shall have direct contact
with students.
(16) An official clearance statement regarding child injury
or abuse from the Department of Public Welfare as required by
23 Pa.C.S. Ch. 63 Subch. C.2 (relating to background checks for
employment in schools) for all individuals who shall have direct
contact with students.
(17) How the charter school will provide adequate liability
and other appropriate insurance for the charter school, its
employes and the board of trustees of the charter school.

(1719-A added June 19, 1997, P.L.225, No.22)

Section 1720-A. Term and Form of Charter.--(a) Upon
approval of a charter application under section 1717-A, a
written charter shall be developed which shall contain the
provisions of the charter application and which shall be signed
by the local board of school directors of a school district,
by the local boards of school directors of a school district
in the case of a regional charter school or by the chairman of
the appeal board pursuant to section 1717-A(i)(5) and the board
of trustees of the charter school. This written charter, when
duly signed by the local board of school directors of a school
district, or by the local boards of school directors of a school
district in the case of a regional charter school, and the
charter school's board of trustees, shall act as legal
authorization for the establishment of a charter school. This
written charter shall be legally binding on both the local board
of school directors of a school district and the charter
school's board of trustees. Except as otherwise provided in
subsection (b), the charter shall be for a period of no less
than three (3) nor more than five (5) years and may be renewed
for five (5) year periods upon reauthorization by the local
board of school directors of a school district or the appeal
board. A charter will be granted only for a school organized
as a public, nonprofit corporation.
(b) (1) Notwithstanding subsection (a), a governing board
of a school district of the first class may renew a charter for
a period of one (1) year if the board of school directors
determines that there is insufficient data concerning the
charter school's academic performance to adequately assess that
performance and determines that an additional year of
performance data would yield sufficient data to assist the
governing board in its decision whether to renew the charter
for a period of five (5) years.
(2) A one-year renewal pursuant to paragraph (1) shall not
be considered an adjudication and may not be appealed to the
State Charter School Appeal Board.
(3) A governing board of a school district of the first
class does not have the authority to renew a charter for
successive one (1) year periods.
(1720-A amended July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1720-A, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1721-A. State Charter School Appeal Board.--(a)
The State Charter School Appeal Board shall consist of the
Secretary of Education and six (6) members who shall be
appointed by the Governor by and with the consent of a majority
of all the members of the Senate. Appointments by the Governor
shall not occur prior to January 1, 1999. The Governor shall
select the chairman of the appeal board to serve at the pleasure
of the Governor. The members shall include:
(1) A parent of a school-aged child.
(2) A school board member.
(3) A certified teacher actively employed in a public
school.
(4) A faculty member or administrative employe of an
institution of higher education.
(5) A member of the business community.
(6) A member of the State Board of Education.
The term of office of members of the appeal board, other than
the secretary, shall be for a period of four (4) years or until

a successor is appointed and qualified, except that, of the

initial appointees, the Governor shall designate two (2) members
to serve terms of two (2) years, two (2) members to serve terms
of three (3) years and two (2) members to serve terms of four
(4) years. Any appointment to fill any vacancy shall be for the
period of the unexpired term or until a successor is appointed
and qualified.
(b) The appeal board shall meet as needed to fulfill the
purposes provided in this subsection. A majority of the members
of the appeal board shall constitute a quorum, and a majority
of the members of the appeal board shall have authority to act
upon any matter properly before the appeal board. The appeal
board is authorized to establish rules for its operation.
(c) The members shall receive no payment for their services.
Members who are not employes of State government shall be
reimbursed for expenses incurred in the course of their official
duties from funds appropriated for the general government
operations of the department.
(d) The department shall provide assistance and staffing
for the appeal board. The Governor, through the Governor's
General Counsel, shall provide such legal advice and assistance
as the appeal board may require.
(e) Meetings of the appeal board shall be conducted under
the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine
Act." Documents of the appeal board shall be subject to the act
of June 21, 1957 (P.L.390, No.212), referred to as the
Right-to-Know Law.
(1721-A added June 19, 1997, P.L.225, No.22)
Compiler's Note: The act of June 21, 1957 (P.L.390, No.212),
referred to as the Right-to-Know Law, referred to in
subsec. (e), was repealed by the act of Feb. 14, 2008
(P.L., No.3), known as the Right-to-Know Law.
Section 1722-A. Facilities.--(a) A charter school may be
located in an existing public school building, in a part of an
existing public school building, in space provided on a
privately owned site, in a public building or in any other
suitable location.
(b) The charter school facility shall be exempt from public
school facility regulations except those pertaining to the
health or safety of the pupils.
(c) ((c) repealed July 4, 2004, P.L.536, No.70)
(d) Notwithstanding any other provision of this act, a
school district of the first class may, in its discretion,
permit a charter school to operate its school at more than one
location.
(e) (1) Notwithstanding the provisions of section 204 of
the act of May 22, 1933 (P.L.853, No.155), known as The General
County Assessment Law, all school property, real and personal,
owned by any charter school, cyber charter school or an
associated nonprofit foundation, or owned by a nonprofit
corporation or nonprofit foundation and leased to a charter
school, cyber charter school or associated nonprofit foundation
at or below fair market value, that is occupied and used by any
charter school or cyber charter school for public school,
recreation or any other purposes provided for by this act, shall
be made exempt from every kind of State, county, city, borough,
township or other real estate tax, including payments in lieu
of taxes established through agreement with the Commonwealth
or any local taxing authority, as well as from all costs or
expenses for paving, curbing, sidewalks, sewers or other
municipal improvements, Provided, That any charter school or

cyber charter school or owner of property leased to a charter

school or cyber charter school may make a municipal improvement
in a street on which its school property abuts or may contribute
a sum toward the cost of the improvement.
(2) Any agreement entered into by a charter school, cyber
charter school or associated nonprofit foundation with the
Commonwealth or a local taxing authority for payments in lieu
of taxes prior to December 31, 2009, shall be null and void.
(3) This subsection shall apply retroactively to all charter
schools, cyber charter schools and associated nonprofit
foundations that filed an appeal from an assessment, as provided
in Article V of The General County Assessment Law, prior to the
effective date of this subsection.
(4) For purposes of this subsection, "local taxing
authority" shall include, but not be limited to, a county, city,
borough, incorporated town, township or school district.
(1722-A amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
section 1722-A, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 1723-A. Enrollment.--(a) All resident children in
this Commonwealth qualify for admission to a charter school
within the provisions of subsection (b). If more students apply
to the charter school than the number of attendance slots
available in the school, then students must be selected on a
random basis from a pool of qualified applicants meeting the
established eligibility criteria and submitting an application
by the deadline established by the charter school, except that
the charter school may give preference in enrollment to a child
of a parent who has actively participated in the development
of the charter school and to siblings of students presently
enrolled in the charter school. First preference shall be given
to students who reside in the district or districts.
(b) (1) A charter school shall not discriminate in its
admission policies or practices on the basis of intellectual
ability, except as provided in paragraph (2), or athletic
ability, measures of achievement or aptitude, status as a person
with a disability, proficiency in the English language or any
other basis that would be illegal if used by a school district.
(2) A charter school may limit admission to a particular
grade level, a targeted population group composed of at-risk
students, or areas of concentration of the school such as
mathematics, science or the arts. A charter school may establish
reasonable criteria to evaluate prospective students which shall
be outlined in the school's charter.
(c) If available classroom space permits, a charter school
may enroll nonresident students on a space-available basis, and
the student's district of residence shall permit the student
to attend the charter school. The terms and conditions of the
enrollment shall be outlined in the school's charter.
(d) (1) Enrollment of students in a charter school or cyber
charter school shall not be subject to a cap or otherwise
limited by any past or future action of a board of school
directors, a board of control established under Article XVII-B,
a special board of control established under section 692 or any
other governing authority, unless agreed to by the charter
school or cyber charter school as part of a written charter
pursuant to section 1720-A.

(2) The provisions of this subsection shall apply to a

charter school or cyber charter school regardless of whether
the charter was approved prior to or is approved subsequent to
the effective date of this subsection.
((d) added July 9, 2008, P.L.846, No.61)
(1723-A amended June 26, 1999, P.L.394, No.36)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1723-A(d), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1724-A. School Staff.--(a) The board of trustees
shall determine the level of compensation and all terms and
conditions of employment of the staff except as may otherwise
be provided in this article. At least seventy-five per centum
of the professional staff members of a charter school shall
hold appropriate State certification. Employes of a charter
school may organize under the act of July 23, 1970 (P.L.563,
No.195), known as the "Public Employe Relations Act." The board
of trustees of a charter school shall be considered an employer
for the purposes of Article XI-A. Upon formation of one or more
collective bargaining units at the school, the board of trustees
shall bargain with the employes based on the provisions of this
article, Article XI-A and the "Public Employe Relations Act."
Collective bargaining units at a charter school shall be
separate from any collective bargaining unit of the school
district in which the charter school is located and shall be
separate from any other collective bargaining unit. A charter
school shall be considered a school entity as provided for in
section 1161-A for the purpose of the secretary seeking an
injunction requiring the charter school to meet the minimum
requirements for instruction as provided for in this article.
(b) Each charter application shall list the general
qualifications needed to staff any noncertified positions.
Professional employes who do not hold appropriate Pennsylvania
certification must present evidence that they:
(i) Meet the qualifications in sections 1109 and 1209.
(ii) Have demonstrated satisfactorily a combination of
experience, achievement and qualifications as defined in the
charter school application in basic skills, general knowledge,
professional knowledge and practice and subject matter knowledge
in the subject area where an individual will teach.
(c) All employes of a charter school shall be enrolled in
the Public School Employees' Retirement System in the same
manner as set forth in 24 Pa.C.S. 8301(a) (relating to
mandatory and optional membership) unless at the time of the
application for the charter school the sponsoring district or
the board of trustees of the charter school has a retirement
program which covers the employes or the employe is currently
enrolled in another retirement program. The Commonwealth shall
make contributions on behalf of charter school employes enrolled
in the Public School Employees' Retirement System. The charter
school shall be considered a school district and shall make
payments by employers to the Public School Employees' Retirement
System and payments on account of Social Security as established
under 24 Pa.C.S. Pt. IV (relating to retirement for school
employees). The market value/income aid ratio used in
calculating payments as prescribed in this subsection shall be
the market value/income aid ratio for the school district in
which the charter school is located or, in the case of a
regional charter school, shall be a composite market
value/income aid ratio for the participating school districts
as determined by the department. Except as otherwise provided,

employes of a charter school shall make regular member

contributions as required for active members under 24 Pa.C.S.
Pt. IV. If the employes of the charter school participate in
another retirement plan, then those employes shall have no
concurrent claim on the benefits provided to public school
employes under 24 Pa.C.S. Pt. IV. For purposes of this
subsection, a charter school shall be deemed to be a "public
school" as defined in 24 Pa.C.S. 8102 (relating to
definitions). ((c) amended June 30, 2011, P.L.112, No.24)
(d) Every employe of a charter school shall be provided the
same health care benefits as the employe would be provided if
he or she were an employe of the local district. The local board
of school directors may require the charter school to provide
the same terms and conditions with regard to health insurance
as the collective bargaining agreement of the school district
to include employe contributions to the district's health
benefits plan. The charter school shall make any required
employer's contribution to the district's health plan to an
insurer, a local board of school directors or a contractual
representative of school employes, whichever is appropriate to
provide the required coverage.
(e) Any public school employe of a school entity may request
a leave of absence for up to five (5) years in order to work
in a charter school located in the district of employment or
in a regional charter school in which the employing school
district is a participant. Approval for a leave shall not be
unreasonably withheld.
(f) Temporary professional employes on leave from a school
district may accrue tenure in the non-charter public school
system at the discretion of the local board of school directors,
the same as they would under Article XI if they had continued
to be employed by that district. Professional employes on leave
from a school district shall retain their tenure rights, as
defined in Article XI, in the school entity from which they
came. No temporary professional employe or professional employe
shall have tenure rights as against a charter school. Both
temporary professional employes and professional employes shall
continue to accrue seniority in the school entity from which
they came if they return to that school entity when the leave
ends.
(g) Professional employes who hold a first level teaching
or administrative certificate may, at their option, have the
time completed in satisfactory service in a charter school
applied to the length of service requirements for the next level
of certification.
(h) (1) Any temporary professional employe or professional
employe who leaves employment at a charter school shall have
the right to return to a comparable position for which the
person is properly certified in the school entity which granted
the leave of absence. In the case where a teacher has been
dismissed by the charter school, the school entity which granted
the leave of absence is to be provided by the charter school
with the reasons for such dismissal at the time it occurs, a
list of any witnesses who were relied on by the charter school
in moving for dismissal, a description of and access to any
physical evidence used by the charter school in moving for
dismissal and a copy of any record developed at any dismissal
proceeding conducted by the charter school. The record of any
such hearing may be admissible in a hearing before the school
entity which granted the leave of absence. Nothing in this
section shall affect the authority of the board of school
directors to initiate proceedings under Article XI if the board

determines that occurrences at the charter school leading to

dismissal of a teacher constitute adequate and independent
grounds for discipline under section 1122.
(2) No temporary employe or professional employe who is
leaving employment at a charter school shall be returned to a
position in the public school district which granted his leave
of absence until such public school district is in receipt of
a current criminal history record under section 111 and the
official clearance statement regarding child injury or abuse
from the Department of Public Welfare as required by 23 Pa.C.S.
Ch. 63 Subch. C.2 (relating to background checks for employment
in schools).
(i) All individuals who shall have direct contact with
students shall be required to submit a report of criminal
history record information as provided for in section 111 prior
to accepting a position with the charter school. This subsection
shall also apply to any individual who volunteers to work on a
full-time or part-time basis at the charter school.
(j) All applicants for a position as a school employe shall
be required to submit the official clearance statement regarding
child injury or abuse from the Department of Public Welfare as
required by 23 Pa.C.S. Ch. 63 Subch. C.2. This section shall
also apply to any individual who volunteers to work on a
full-time or part-time basis at a charter school.
(1724-A added June 19, 1997, P.L.225, No.22)
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
(1) There shall be no tuition charge for a resident or
nonresident student attending a charter school.
(2) For non-special education students, the charter school
shall receive for each student enrolled no less than the
budgeted total expenditure per average daily membership of the
prior school year, as defined in section 2501(20), minus the
budgeted expenditures of the district of residence for nonpublic
school programs; adult education programs; community/junior
college programs; student transportation services; for special
education programs; facilities acquisition, construction and
improvement services; and other financing uses, including debt
service and fund transfers as provided in the Manual of
Accounting and Related Financial Procedures for Pennsylvania
School Systems established by the department. This amount shall
be paid by the district of residence of each student.
(3) For special education students, the charter school shall
receive for each student enrolled the same funding as for each
non-special education student as provided in clause (2), plus
an additional amount determined by dividing the district of
residence's total special education expenditure by the product
of multiplying the combined percentage of section 2509.5(k)
times the district of residence's total average daily membership
for the prior school year. This amount shall be paid by the
district of residence of each student.
(4) A charter school may request the intermediate unit in
which the charter school is located to provide services to
assist the charter school to address the specific needs of
exceptional students. The intermediate unit shall assist the
charter school and bill the charter school for the services.
The intermediate unit may not charge the charter school more
for any service than it charges the constituent districts of
the intermediate unit.
(5) Payments shall be made to the charter school in twelve
(12) equal monthly payments, by the fifth day of each month,
within the operating school year. A student enrolled in a

charter school shall be included in the average daily membership

of the student's district of residence for the purpose of
providing basic education funding payments and special education
funding pursuant to Article XXV. If a school district fails to
make a payment to a charter school as prescribed in this clause,
the secretary shall deduct the estimated amount, as documented
by the charter school, from any and all State payments made to
the district after receipt of documentation from the charter
school.
(6) Within thirty (30) days after the secretary makes the
deduction described in clause (5), a school district may notify
the secretary that the deduction made from State payments to
the district under this subsection is inaccurate. The secretary
shall provide the school district with an opportunity to be
heard concerning whether the charter school documented that its
students were enrolled in the charter school, the period of
time during which each student was enrolled, the school district
of residence of each student and whether the amounts deducted
from the school district were accurate.
((a) amended June 29, 2002, P.L.524, No.88)
(b) The Commonwealth shall provide temporary financial
assistance to a school district due to the enrollment of
students in a charter school who attended a nonpublic school
in the prior school year in order to offset the additional costs
directly related to the enrollment of those students in a public
charter school. The Commonwealth shall pay the school district
of residence of a student enrolled in a nonpublic school in the
prior school year who is attending a charter school an amount
equal to the school district of residence's basic education
subsidy for the current school year divided by the district's
average daily membership for the prior school year. This payment
shall occur only for the first year of the attendance of the
student in a charter school, starting with school year
1997-1998. Total payments of temporary financial assistance to
school districts on behalf of a student enrolling in a charter
school who attended a nonpublic school in the prior school year
shall be limited to funds appropriated for this program in a
fiscal year. If the total of the amount needed for all students
enrolled in a nonpublic school in the prior school year who
enroll in a charter school exceeds the appropriation for the
temporary financial assistance program, the amount paid to a
school district for each qualifying student shall be pro rata
reduced. Receipt of funds under this subsection shall not
preclude a school district from applying for a grant under
subsection (c).
(c) The Commonwealth shall create a grant program to provide
temporary transitional funding to a school district due to the
budgetary impact relating to any student's first-year attendance
at a charter school. The department shall develop criteria which
shall include, but not be limited to, the overall fiscal impact
on the budget of the school district resulting from students
of a school district attending a charter school. The criteria
shall be published in the Pennsylvania Bulletin. This subsection
shall not apply to a public school converted to a charter school
under section 1717-A(b). Grants shall be limited to funds
appropriated for this purpose. ((c) amended June 22, 2001,
P.L.530, No.35)
(d) It shall be lawful for any charter school to receive,
hold, manage and use, absolutely or in trust, any devise,
bequest, grant, endowment, gift or donation of any property,
real or personal and/or mixed, which shall be made to the
charter school for any of the purposes of this article.

(e) It shall be unlawful for any trustee of a charter school

or any board of trustees of a charter school or any other person
affiliated in any way with a charter school to demand or
request, directly or indirectly, any gift, donation or
contribution of any kind from any parent, teacher, employe or
any other person affiliated with the charter school as a
condition for employment or enrollment and/or continued
attendance of any pupil. Any donation, gift or contribution
received by a charter school shall be given freely and
voluntarily.
(1725-A added June 19, 1997, P.L.225, No.22)
Section 1726-A. Transportation.--(a) Students who attend
a charter school located in their school district of residence,
a regional charter school of which the school district is a
part or a charter school located outside district boundaries
at a distance not exceeding ten (10) miles by the nearest public
highway shall be provided free transportation to the charter
school by their school district of residence on such dates and
periods that the charter school is in regular session whether
or not transportation is provided on such dates and periods to
students attending schools of the district. Transportation is
not required for elementary students, including kindergarten
students, residing within one and one-half (1.5) miles or for
secondary students residing within two (2) miles of the nearest
public highway from the charter school in which the students
are enrolled unless the road or traffic conditions are such
that walking constitutes a hazard to the safety of the students
when so certified by the Department of Transportation, except
that if the school district provides transportation to the
public schools of the school district for elementary students,
including kindergarten students, residing within one and
one-half (1.5) miles or for secondary students residing within
two (2) miles of the nearest public highway under nonhazardous
conditions, transportation shall also be provided to charter
schools under the same conditions. Districts providing
transportation to a charter school outside the district and,
for the 2007-2008 school year and each school year thereafter,
districts providing transportation to a charter school within
the district shall be eligible for payments under section 2509.3
for each public school student transported. ((a) amended July
9, 2008, P.L.846, No.61)
(a.1) In addition to any other requirements in this section,
school districts of the first class shall provide transportation
to students who attend a charter school if they are the same
age or are enrolled in the same grade, grades or their grade
equivalents as any of the students of the school district for
whom transportation is provided under any program or policy to
the schools of the school district.
(b) In the event that the Secretary of Education determines
that a school district is not providing the required
transportation to students to the charter school, the Department
of Education shall pay directly to the charter school funds for
costs incurred in the transportation of its students. Payments
to a charter school shall be determined in the following manner:
for each eligible student transported, the charter school shall
receive a payment equal to the total expenditures for
transportation of the school district divided by the total
number of school students transported by the school district
under any program or policy.
(c) The department shall deduct the amount paid to the
charter school under subsection (b) from any and all payments
made to the district.

(d) A school district of the first class shall submit a

copy of its current transportation policy to the department no
later than August 1 of each year.
(1726-A amended July 11, 2006, P.L.1092, No.114)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1726-A(a), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1727-A. Tort Liability.--For purposes of tort
liability, employes of the charter school shall be considered
public employes and the board of trustees shall be considered
the public employer in the same manner as political subdivisions
and local agencies. The board of trustees of a charter school
and the charter school shall be solely liable for any and all
damages of any kind resulting from any legal challenge involving
the operation of a charter school. Notwithstanding this
requirement, the local board of directors of a school entity
shall not be held liable for any activity or operation related
to the program of the charter school.
(1727-A added June 19, 1997, P.L.225, No.22)
Section 1728-A. Annual Reports and Assessments.--(a) The
local board of school directors shall annually assess whether
each charter school is meeting the goals of its charter and
shall conduct a comprehensive review prior to granting a five
(5) year renewal of the charter. The local board of school
directors shall have ongoing access to the records and
facilities of the charter school to ensure that the charter
school is in compliance with its charter and this act and that
requirements for testing, civil rights and student health and
safety are being met.
(b) In order to facilitate the local board's review and
secretary's report, each charter school shall submit an annual
report no later than August 1 of each year to the local board
of school directors and the secretary in the form prescribed
by the secretary.
(c) Five (5) years following the effective date of this
article, the secretary shall contract with an independent
professional consultant with expertise in public and private
education. The consultant shall receive input from members of
the educational community and the public on the charter school
program. The consultant shall submit a report to the secretary,
the Governor and the General Assembly and an evaluation of the
charter school program, which shall include a recommendation
on the advisability of the continuation, modification, expansion
or termination of the program and any recommendations for
changes in the structure of the program.
(1728-A added June 19, 1997, P.L.225, No.22)
Section 1729-A. Causes for Nonrenewal or Termination.--(a)
During the term of the charter or at the end of the term of
the charter, the local board of school directors may choose to
revoke or not to renew the charter based on any of the
following:
(1) One or more material violations of any of the
conditions, standards or procedures contained in the written
charter signed pursuant to section 1720-A.
(2) Failure to meet the requirements for student performance
set forth in 22 Pa. Code Ch. 5 (relating to curriculum) or
subsequent regulations promulgated to replace 22 Pa. Code Ch.
5 or failure to meet any performance standard set forth in the
written charter signed pursuant to section 1716-A.
(3) Failure to meet generally accepted standards of fiscal
management or audit requirements.

(4) Violation of provisions of this article.

(5) Violation of any provision of law from which the charter
school has not been exempted, including Federal laws and
regulations governing children with disabilities.
(6) The charter school has been convicted of fraud.
(a.1) When a charter school located in a school district
of the first class is in corrective action status and seeks
renewal of its charter, if the governing body of the school
district of the first class renews the charter, it may place
specific conditions in the charter that require the charter
school to meet specific student performance targets within
stated periods of time subject to the following:
(i) The performance targets and the periods of time in which
the performance targets must be met shall be reasonable.
(ii) The placement of conditions in a charter as specified
in this subsection shall not be considered an adjudication and
may not be appealed to the State Charter School Appeal Board.
(iii) If the charter school fails to meet the performance
targets within the stated period of time, such failure shall
be sufficient cause for revocation of the charter.
((a.1) added July 9, 2008, P.L.846, No.61)
(b) A member of the board of trustees who is convicted of
a felony or any crime involving moral turpitude shall be
immediately disqualified from serving on the board of trustees.
(c) Any notice of revocation or nonrenewal of a charter
given by the local board of school directors of a school
district shall state the grounds for such action with reasonable
specificity and give reasonable notice to the governing board
of the charter school of the date on which a public hearing
concerning the revocation or nonrenewal will be held. The local
board of school directors shall conduct such hearing, present
evidence in support of the grounds for revocation or nonrenewal
stated in its notice and give the charter school reasonable
opportunity to offer testimony before taking final action.
Formal action revoking or not renewing a charter shall be taken
by the local board of school directors at a public meeting
pursuant to the act of July 3, 1986 (P.L.388, No.84), known as
the "Sunshine Act," after the public has had thirty (30) days
to provide comments to the board. All proceedings of the local
board pursuant to this subsection shall be subject to 2 Pa.C.S.
Ch. 5 Subch. B (relating to practice and procedure of local
agencies). Except as provided in subsection (d), the decision
of the local board shall not be subject to 2 Pa.C.S. Ch. 7
Subch. B (relating to judicial review of local agency action).
(d) Following the appointment and confirmation of the appeal
board, but not before July 1, 1999, the charter school may
appeal the decision of the local board of school directors to
revoke or not renew the charter to the appeal board. The appeal
board shall have the exclusive review of a decision not to renew
or revoke a charter. The appeal board shall review the record
and shall have the discretion to supplement the record if the
supplemental information was previously unavailable. The appeal
board may consider the charter school plan, annual reports,
student performance and employe and community support for the
charter school in addition to the record. The appeal board shall
give due consideration to the findings of the local board of
directors and specifically articulate its reasons for agreeing
or disagreeing with those findings in its written decision.
(e) If the appeal board determines that the charter should
not be revoked or should be renewed, the appeal board shall
order the local board of directors to rescind its revocation
or nonrenewal decision.

(f) Except as provided in subsection (g), the charter shall

remain in effect until final disposition by the appeal board.
(g) In cases where the health or safety of the school's
pupils, staff or both is at serious risk, the local board of
school directors may take immediate action to revoke a charter.
(h) All decisions of the charter school appeal board shall
be subject to appellate review by the Commonwealth Court.
(i) When a charter is revoked, not renewed, forfeited,
surrendered or otherwise ceases to operate, the charter school
shall be dissolved. After the disposition of any liabilities
and obligations of the charter school, any remaining assets of
the charter school, both real and personal, shall be distributed
on a proportional basis to the school entities with students
enrolled in the charter school for the last full or partial
school year of the charter school. In no event shall such school
entities or the Commonwealth be liable for any outstanding
liabilities or obligations of the charter school. ((i) amended
July 4, 2004, P.L.536, No.70)
(j) When a charter is revoked or is not renewed, a student
who attended the charter school shall apply to another public
school in the student's school district of residence. Normal
application deadlines will be disregarded under these
circumstances. All student records maintained by the charter
school shall be forwarded to the student's district of
residence.
(1729-A added June 19, 1997, P.L.225, No.22)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1729-A(a.1), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1730-A. Desegregation Orders.--The local board of
school directors of a school district which is operating under
a desegregation plan approved by the Pennsylvania Human
Relations Commission or a desegregation order by a Federal or
State court shall not approve a charter school application if
such charter school would place the school district in
noncompliance with its desegregation order.
(1730-A added June 19, 1997, P.L.225, No.22)
Section 1731-A. Charter School Grants.--(a) The secretary
shall allocate grants for planning and start-up funding to
eligible applicants under section 1717-A from funds appropriated
for the implementation of this act.
(1) Planning grant applications shall be filed on a form
and by a date determined by the secretary. The amount of a grant
may vary depending on the size and scope of the planning needed
by the applicant. The application shall address the manner in
which the applicant plans to address the criteria established
for charter schools in sections 1715-A and 1717-A.
(2) Start-up funding grant applications shall be filed on
a form and by a date determined by the secretary. The applicant
for the charter school shall submit its application for a
charter when applying for the grant. A grant for start-up
funding may vary depending on the size and special
characteristics of the charter school. A start-up grant may be
used to meet the expenses of the charter school as established
in their charter and as authorized in the provisions of this
article.
(b) The applicant shall include a copy of a letter informing
the local board of school directors of the school district of
the application for the planning grant if the location of the
proposed charter school is known. An applicant receiving a

start-up funding grant shall notify the school district or

districts signing the charter of receipt of this grant.
(1731-A added June 19, 1997, P.L.225, No.22)
Section 1732-A. Provisions Applicable to Charter
Schools.--(a) Charter schools shall be subject to the
following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753,
755, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301,
1310, 1317, 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A,
1513, 1517, 1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A
and Article XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making
an appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
(b) Charter schools shall be subject to the following
provisions of 22 Pa. Code:
Section 5.216 (relating to ESOL).
Section 5.4 (relating to general policies).
Chapter 11 (relating to pupil attendance).
Chapter 12 (relating to students).
Section 32.3 (relating to assurances).
Section 121.3 (relating to discrimination prohibited).
Section 235.4 (relating to practices).
Section 235.8 (relating to civil rights).
Chapter 711 (relating to charter school services and programs
for children with disabilities).
(c) (1) The secretary may promulgate additional regulations
relating to charter schools.
(2) The secretary shall have the authority and the
responsibility to ensure that charter schools comply with
Federal laws and regulations governing children with
disabilities. The secretary shall promulgate regulations to
implement this provision.
(1732-A amended June 29, 2002, P.L.524, No.88)
(c) Cyber Charter Schools.
(Subdiv. added June 29, 2002, P.L.524, No.88)
Compiler's Note: Section 33 of Act 88 of 2002 provided that
the purpose of the addition of Subdivision (c) is to
provide for the continued operation of charter schools
approved under section 1717-A or 1718-A and which provide
instuction through the Internet or other electronic means
and to establish additional requirements for all cyber
charter schools.

Section 1741-A. Powers and duties of department.

(a) Powers and duties.--The department shall:
(1) Receive, review and act on applications for the
creation of a cyber charter school and have the power to
request further information from applicants, obtain input
from interested persons or entities and hold hearings
regarding applications.
(2) Renew the charter of cyber charter school and renew
the charter of a charter school approved under section 1717-A
or 1718-A which provides instruction through the Internet
or other electronic means. Upon renewal of a charter of a
charter school approved under section 1717-A or 1718-A, the
charter school shall qualify as a cyber charter school under
this subdivision and shall be subject to the provisions of
this subdivision.
(3) Revoke or deny renewal of a cyber charter school's
charter under the provisions of section 1729-A.
(i) Notwithstanding the provisions of section
1729-A(i), when the department has revoked or denied
renewal of a charter, the cyber charter school shall be
dissolved. After the disposition of the liabilities and
obligations of the cyber charter school, any remaining
assets of the cyber charter school shall be given over
to the intermediate unit in which the cyber charter
school's administrative office was located for
distribution to the school districts in which the
students enrolled in the cyber charter school reside at
the time of dissolution.
(ii) Notwithstanding any laws to the contrary, the
department may, after notice and hearing, take immediate
action to revoke a charter if:
(A) a material component of the student's
education as required under this subdivision is not
being provided; or
(B) the cyber charter school has failed to
maintain the financial ability to provide services
as required under this subdivision.
(4) Execute charters after approval.
(5) Develop forms, including the notification form under
section 1748-A(b), necessary to carry out the provisions of
this subdivision.
(b) Hearings.--Hearings conducted by the department shall
be conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(c) Documents.--Documents of the appeal board shall be
subject to the act of June 21, 1957 (P.L.390, No.212), referred
to as the Right-to-Know Law.
(1741-A added June 29, 2002, P.L.524, No.88)
Compiler's Note: The act of June 21, 1957 (P.L.390, No.212),
referred to as the Right-to-Know Law, referred to in
subsec. (c), was repealed by the act of Feb. 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
Section 1742-A. Assessment and evaluation.
The department shall:
(1) Annually assess whether each cyber charter school
is meeting the goals of its charter and is in compliance
with the provisions of the charter and conduct a
comprehensive review prior to granting a five-year renewal
of the charter.
(2) Annually review each cyber charter school's
performance on the Pennsylvania System of School Assessment

test, standardized tests and other performance indicators

to ensure compliance with 22 Pa. Code Ch. 4 (relating to
academic standards and assessment) or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 4.
(3) Have ongoing access to all records, instructional
materials and student and staff records of each cyber charter
school and to every cyber charter school facility to ensure
the cyber charter school is in compliance with its charter
and this subdivision.
(1742-A added June 29, 2002, P.L.524, No.88)
Section 1743-A. Cyber charter school requirements and
prohibitions.
(a) Special financial requirements prohibited.--A cyber
charter school shall not:
(1) provide discounts to a school district or waive
payments under section 1725-A for any student;
(2) except as provided for in subsection (e), provide
payments to parents or guardians for the purchase of
instructional materials; or
(3) except as compensation for the provision of specific
services, enter into agreements to provide funds to a school
entity.
(b) Enrollment.--A cyber charter school shall report to the
department an increase or a decrease of 30% or more in its
anticipated enrollment set forth in the application under
section 1747-A(11).
(c) School district.--A cyber charter school shall make
available upon request, either in writing or electronically,
to each student's school district of residence the following:
(1) A copy of the charter.
(2) A copy of the cyber charter school application.
(3) A copy of all annual reports prepared by the cyber
charter school.
(4) A list of all students from that school district
enrolled in the cyber charter school.
(d) Parent or guardian.--Upon request and prior to the
student's first day in a cyber charter school, the cyber charter
school shall, either in writing or electronically, provide to
the parent or guardian of a student the following:
(1) A list and brief description of the courses of
instruction the student will receive. The list shall be
updated annually for each grade level in which the student
is enrolled.
(2) A description of the lessons and activities to be
offered both online and offline.
(3) The manner in which attendance will be reported and
work will be authenticated.
(4) A list of all standardized tests the student will
be required to take during the school year and the place
where the test will be administered, if available.
(5) The meetings to be held during the school year
between a parent or guardian and a teacher and among other
school officials or parents or guardians and the manner in
which the parent or guardian will be notified of the time
and place for the meeting.
(6) The address of the cyber charter school and the
name, telephone number and e-mail address of the school
administrator and other school personnel.
(7) A list of any extracurricular activities provided
by the cyber charter school.

(8) The names of the student's teachers, if available,

and the manner in which each teacher can be contacted by the
student or the parent or guardian.
(9) A list of all services that will be provided to the
student by the cyber charter school.
(10) Copies of policies relating to computer security
and privacy, truancy, absences, discipline and withdrawal
or expulsion of students.
(11) Information on:
(i) The cyber charter school's professional staff,
including the number of staff personnel, their education
level and experience.
(ii) The cyber charter school's performance on the
PSSA and other standardized test scores.
(12) Information regarding the proper usage of equipment
and materials and the process for returning equipment and
materials supplied to the students by the cyber charter
school. A parent or guardian shall acknowledge, either in
writing or electronically, the receipt of this information.
(13) A description of the school calendar, including,
but not limited to, the time frame that will constitute a
school year and a school week, holidays and term breaks.
(e) Students.--For each student enrolled, a cyber charter
school shall:
(1) provide all instructional materials;
(2) provide all equipment, including, but not limited
to, a computer, computer monitor and printer; and
(3) provide or reimburse for all technology and services
necessary for the on-line delivery of the curriculum and
instruction.
The Commonwealth shall not be liable for any reimbursement owed
to students, parents or guardians by a cyber charter school
under paragraph (3).
(f) Annual report.--A cyber charter school shall submit an
annual report no later than August 1 of each year to the
department in the form prescribed by the department.
(g) Records and facilities.--A cyber charter school shall
provide the department with ongoing access to all records and
facilities necessary for the department to assess the cyber
charter school in accordance with the provisions of this
subdivision.
(h) Offices and facilities.--A cyber charter school shall
maintain an administrative office within this Commonwealth where
all student records shall be maintained at all times and shall
provide the department with the addresses of all offices and
facilities of the cyber charter school, the ownership thereof
and any lease arrangements. The administrative office of the
cyber charter school shall be considered as the principal place
of business for service of process for any action brought
against the cyber charter school or cyber charter school staff
members. The cyber charter school shall notify the department
of any changes in this information within ten days of the
change.
(i) Applicable law.--Any action taken against the cyber
charter school, its successors or assigns or its employees,
including any cyber charter school staff member as defined in
the act of December 12, 1973 (P.L.397, No.141), known as the
Professional Educator Discipline Act, shall be governed by the
laws of this Commonwealth. If the department initiates an
investigation or pursues an action pursuant to the Professional
Educator Discipline Act involving any current or former charter
school staff member outside this Commonwealth, any reasonable

expenses incurred by the department in such investigation or

action shall be paid by the cyber charter school which employed
that staff member at the time of the alleged misconduct.
(1743-A added June 29, 2002, P.L.524, No.88)
Section 1744-A. School district and intermediate unit
responsibilities.
An intermediate unit or a school district in which a student
enrolled in a cyber charter school resides shall do all of the
following:
(1) Provide the cyber charter school within ten days
of receipt of the notice of the admission of the student
under section 1748-A(a) with all records relating to the
student, including transcripts, test scores and a copy of
any individualized education program for that student.
(2) Provide the cyber charter school with reasonable
access to its facilities for the administration of
standardized tests required under this subdivision.
(3) Upon request, provide assistance to the cyber
charter school in the delivery of services to a student with
disabilities. The school district or intermediate unit shall
not charge the cyber charter school more for a service than
it charges a school district.
(4) Make payments to the cyber charter school under
section 1725-A.
(1744-A added June 29, 2002, P.L.524, No.88)
Section 1745-A. Establishment of cyber charter school.
(a) Establishment.--A cyber charter school may be
established by an individual; one or more teachers who will
teach at the proposed cyber charter school; parents or guardians
of students who will enroll in the cyber charter school; a
nonsectarian college, university or museum located in this
Commonwealth; a nonsectarian corporation not-for-profit as
defined in 15 Pa.C.S. 5103 (relating to definitions); a
corporation, association or partnership; or any combination of
the foregoing. Section 1327.1 shall not apply to a cyber charter
school established under this subdivision.
(b) Sectarian entities.--No cyber charter school shall be
established or funded by and no charter shall be granted to a
sectarian school, institution or other entity.
(c) Attendance.--Attendance at a cyber charter school shall
satisfy requirements for compulsory attendance.
(d) Application.--An application to establish a cyber
charter school shall be submitted to the department by October
1 of the school year preceding the school year in which the
cyber charter school proposes to commence operation.
(e) Grant or denial.--Within 120 days of receipt of an
application, the department shall grant or deny the application.
The department shall review the application and shall hold at
least one public hearing under 65 Pa.C.S. Ch. 7 (relating to
open meetings). At least 30 days prior to the hearing, the
department shall publish in the Pennsylvania Bulletin and on
the department's World Wide Web site notice of the hearing and
the purpose of the application.
(f) Evaluation criteria.-(1) A cyber charter school application submitted under
this subdivision shall be evaluated by the department based
on the following criteria:
(i) The demonstrated, sustainable support for the
cyber charter school plan by teachers, parents or
guardians and students.
(ii) The capability of the cyber charter school
applicant, in terms of support and planning, to provide

comprehensive learning experiences to students under the

charter.
(iii) The extent to which the programs outlined in
the application will enable students to meet the academic
standards under 22 Pa. Code Ch. 4 (relating to academic
standards and assessment) or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 4.
(iv) The extent to which the application meets the
requirements of section 1747-A.
(v) The extent to which the cyber charter school
may serve as a model for other public schools.
(2) Written notice of the action of the department shall
be sent by certified mail to the applicant and published on
the department's World Wide Web site. If the application is
denied, the reasons for denial, including a description of
deficiencies in the application, shall be clearly stated in
the notice.
(3) Upon approval of a cyber charter school application,
a written charter shall be developed which shall contain the
provisions of the charter application and be signed by the
secretary and each member of the board of trustees of the
cyber charter school. The charter, when duly signed, shall
act as legal authorization of the establishment of a cyber
charter school. The charter shall be legally binding on the
department, the cyber charter school and its board of
trustees. The charter shall be for a period of no less than
three years nor more than five years and may be renewed for
a period of five years by the department.
(4) The decision of the department to deny an
application may be appealed to the appeal board.
(g) Denied application.--A cyber charter school applicant
may revise and resubmit a denied application to the department.
The department shall grant or deny the revised application
within 60 days after its receipt.
(h) Appeal.--If the department fails to hold the required
public hearing or to approve or disapprove the charter, the
applicant may file its application as an appeal to the appeal
board. The appeal board shall review the application and make
a decision to approve or disapprove the charter based on the
criteria in subsection (f).
(1745-A added June 29, 2002, P.L.524, No.88)
Section 1746-A. State Charter School Appeal Board review.
(a) Jurisdiction.--The appeal board shall have the exclusive
review of an appeal by a cyber charter school applicant or by
the board of trustees of a cyber charter school on the decisions
of the department, including:
(1) The denial of an application for a charter.
(2) The denial of a renewal of a charter.
(3) The revocation of a charter.
(4) An appeal under section 1745-A(h).
(b) Procedure.--The appeal board shall:
(1) Review the decision made by the department under
subsection (a) on the record as certified by the department.
The secretary shall recuse himself from all cyber charter
school appeals and shall not participate in a hearing,
deliberation or vote on a cyber charter school appeal. The
appeal board may allow the department, the cyber charter
school applicant or the board of trustees of a cyber charter
school to supplement the record if the supplemental
information was previously unavailable.
(2) Meet to officially review the certified record no
later than 30 days after the date of filing the appeal.

(3) Issue a written decision affirming or denying the

appeal no later than 60 days following its review.
(4) In the case of a decision by the department to deny
a cyber charter application, make its decision based on
section 1745-A(f)(1). A decision by the appeal board to
reverse the decision of the department and grant a charter
shall serve as a requirement for the secretary to sign the
written charter of the cyber charter school.
(5) In the case of a decision by the department to
revoke or deny renewal of a cyber school charter in
accordance with section 1741-A(a)(3), make its decision based
on section 1729-A(a). A decision of the appeal board to
reverse the decision of the department to not revoke or deny
renewal of a charter shall serve as a requirement of the
department to not revoke or to not deny renewal of the
charter of the cyber charter school.
(c) Stay.--If the department appeals the decision of the
appeal board, the appeal board's decision shall be stayed only
upon order of the appeal board, the Commonwealth Court or the
Pennsylvania Supreme Court.
(d) Review.--All decisions of the appeal board shall be
subject to appellate review by the Commonwealth Court.
(1746-A added June 29, 2002, P.L.524, No.88)
Section 1747-A. Cyber charter school application.
In addition to the provisions of section 1719-A, an
application to establish a cyber charter school shall also
include the following:
(1) The curriculum to be offered and how it meets the
requirements of 22 Pa. Code Ch. 4 (relating to academic
standards and assessment) or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 4.
(2) The number of courses required for elementary and
secondary students.
(3) An explanation of the amount of on-line time
required for elementary and secondary students.
(4) The manner in which teachers will deliver
instruction, assess academic progress and communicate with
students to provide assistance.
(5) A specific explanation of any cooperative learning
opportunities, meetings with students, parents and guardians,
field trips or study sessions.
(6) The technology, including types of hardware and
software, equipment and other materials which will be
provided by the cyber charter school to the student.
(7) A description of how the cyber charter school will
define and monitor a student's school day, including the
delineation of on-line and off-line time.
(8) A description of commercially prepared standardized
achievement tests that will be used by the cyber charter
school in addition to the Pennsylvania System of School
Assessment test, including the grade levels that will be
tested and how the data collected from the tests will be
used to improve instruction.
(9) The technical support that will be available to
students and parents or guardians.
(10) The privacy and security measures to ensure the
confidentiality of data gathered online.
(11) The level of anticipated enrollment during each
school year of the proposed charter, including expected
increases due to the addition of grade levels.
(12) The methods to be used to insure the authenticity
of student work and adequate proctoring of examinations.

(13) The provision of education and related services

to students with disabilities, including evaluation and the
development and revision of individualized education
programs.
(14) Policies regarding truancy, absences and withdrawal
of students, including the manner in which the cyber charter
school will monitor attendance consistent with the provisions
of section 1715-A(9).
(15) The types and frequency of communication between
the cyber charter school and the student and the manner in
which the cyber charter school will communicate with parents
and guardians.
(16) The addresses of all facilities and offices of the
cyber charter school, the ownership thereof and any lease
arrangements.
(1747-A added June 29, 2002, P.L.524, No.88)
Section 1748-A. Enrollment and notification.
(a) Notice to school district.-(1) Within 15 days of the enrollment of a student to a
cyber charter school, the parent or guardian and the cyber
charter school shall notify the student's school district
of residence of the enrollment through the use of the
notification form under subsection (b).
(2) If a school district which has received notice under
paragraph (1) determines that a student is not a resident
of the school district, the following apply:
(i) Within seven days of receipt of the notice under
paragraph (1), the school district shall notify the cyber
charter school and the department that the student is
not a resident of the school district. Notification of
nonresidence shall include the basis for the
determination.
(ii) Within seven days of notification under
subparagraph (i), the cyber charter school shall review
the notification of nonresidence, respond to the school
district and provide a copy of the response to the
department. If the cyber charter school agrees that a
student is not a resident of the school district, it
shall determine the proper district of residence of the
student before requesting funds from another school
district.
(iii) Within seven days of receipt of the response
under subparagraph (ii), the school district shall notify
the cyber charter school that it agrees with the cyber
charter school's determination or does not agree with
the cyber charter school's determination.
(iv) A school district that has notified the cyber
charter school that it does not agree with the cyber
charter school's determination under subparagraph (iii)
shall appeal to the department for a final determination.
(v) All decisions of the department regarding the
school district of residence of a student shall be
subject to review by the Commonwealth Court.
(vi) A school district shall continue to make
payments to a cyber charter school under section 1725-A
during the time in which the school district of residence
of a student is in dispute.
(vii) If a final determination is made that a
student is not a resident of an appealing school
district, the cyber charter school shall return all funds
provided on behalf of that student to the school district
within 30 days.

(b) Notification form.--The department shall develop a

notification form for use under subsection (a). The notification
shall include:
(1) The name, home address and mailing address of the
student.
(2) The grade in which the student is being enrolled.
(3) The date the student will be enrolled.
(4) The name and address of the cyber charter school
and the name and telephone number of a contact person able
to provide information regarding the cyber charter school.
(5) The signature of the parent or guardian and an
authorized representative of the cyber charter school.
(c) Withdrawal.--The cyber charter school and the parent
or guardian of a student enrolled in a cyber charter school
shall provide written notification to the student's school
district of residence within 15 days following the withdrawal
of a student from the cyber charter school.
(1748-A added June 29, 2002, P.L.524, No.88)
Section 1749-A. Applicability of other provisions of this act
and of other acts and regulations.
(a) General requirements.--Cyber charter schools shall be
subject to the following:
(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
1302, 1310, 1317.2, 1318, 1330, 1332, 1303-A, 1518, 1521,
1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A,
1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A,
1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and
Articles XII-A, XIII-A and XIV.
(2) The act of July 17, 1961 (P.L.776, No.341), known
as the Pennsylvania Fair Educational Opportunities Act.
(3) The act of July 19, 1965 (P.L.215, No.116), entitled
"An act providing for the use of eye protective devices by
persons engaged in hazardous activities or exposed to known
dangers in schools, colleges and universities."
(4) Section 4 of the act of January 25, 1966 (1965
P.L.1546, No.541), entitled "An act providing scholarships
and providing funds to secure Federal funds for qualified
students of the Commonwealth of Pennsylvania who need
financial assistance to attend postsecondary institutions
of higher learning, making an appropriation, and providing
for the administration of this act."
(5) The act of July 12, 1972 (P.L.765, No.181) entitled
"An act relating to drugs and alcohol and their abuse,
providing for projects and programs and grants to educational
agencies, other public or private agencies, institutions or
organizations."
(6) The act of December 15, 1986 (P.L.1595, No.175),
known as the Antihazing Law.
(b) Regulations.--Cyber charter schools shall be subject
to the following provisions of 22 Pa. Code (relating to
education):
(1) Chapter 4 (relating to academic standards and
assessment).
(2) Chapter 11 (relating to pupil attendance).
(3) Chapter 12 (relating to students).
(4) Section 32.3 (relating to assurances).
(5) Section 121.3 (relating to discrimination
prohibited).
(6) Section 235.4 (relating to practices).
(7) Section 235.8 (relating to civil rights).

(8) Chapter 711 (relating to charter school services

and programs for children with disabilities).
(c) Existing charter schools.-(1) The charter of a charter school approved under
section 1717-A or 1718-A which provides instruction through
the Internet or other electronic means shall remain in effect
for the duration of the charter and shall be subject to the
provisions of Subdivision (b).
(2) In addition to subsections (a) and (b), the
following provisions of this subdivision shall apply to a
charter school approved under section 1717-A or 1718-A which
provides instruction through the Internet or other electronic
means:
(i) Section 1743-A(c), (d), (e), (h) and (i).
(ii) Section 1744-A.
(iii) Section 1748-A.
(1749-A added June 29, 2002, P.L.524, No.88)
Section 1750-A. Effect on certain existing charter schools.
(a) Determination.--For a charter school approved under
section 1717-A or 1718-A which provides instruction through the
Internet or other electronic means, prior to August 15, 2002,
the department shall determine:
(1) whether the charter school is in compliance with
this subdivision;
(2) whether the charter school has provided notification
of the enrollment of each existing student to the school
district of residence; and
(3) how the charter school plans to comply with section
1743-A(d).
(b) Notification of compliance.--Prior to August 15, 2002,
the department shall:
(1) Notify each charter school and the chartering school
district of the department's determination under subsection
(a). The notification shall include specific requirements
with which the charter school has failed to comply.
(2) Publish a copy of the notification on the
department's World Wide Web site.
(c) Charter school requirement.--A charter school subject
to the requirements of this section shall, either in writing
or electronically, provide the parent or guardian of any student
enrolled in the charter school a copy of the department's
determination under subsection (b).
(d) School districts.--A school district shall not renew
the charter of a charter school approved under section 1717-A
or 1718-A which provides instruction through the Internet or
other electronic means or approve a charter for a cyber charter
school.
(e) Renewal of charter for certain existing charter
schools.--Upon the expiration of its charter, a charter school
approved under section 1717-A or 1718-A which provides
instruction through the Internet or other electronic means shall
seek renewal of its charter from the department under this
subdivision. The charter shall be amended as needed to reflect
the requirements of this subdivision.
(1750-A added June 29, 2002, P.L.524, No.88)
Section 1751-A. Regulations.
The department may issue regulations to implement this
subdivision.
(1751-A added June 29, 2002, P.L.524, No.88)
ARTICLE XVII-B.
EDUCATION EMPOWERMENT ACT.

(Art. XVII-B expired June 30, 2010, except section 1704-B

heading and (c). See Act 16 of 2000.)
Section 1701-B. Short Title.--(1701-B expired June 30, 2010.
See Act 16 of 2000.)
Section 1702-B. Definitions.--(1702-B expired June 30, 2010.
See Act 16 of 2000.)
Section 1703-B. Education Empowerment List.--(1703-B expired
June 30, 2010. See Act 16 of 2000.)
Section 1704-B. Board of School Directors of Commonwealth
Partnership School Districts.--(Hdg. reenacted and amended June
30, 2012, P.L.684, No.82) (a) ((a) expired June 30, 2010. See
Act 16 of 2000.)
(b) ((b) expired June 30, 2010. See Act 16 of 2000.)
(c) (1) In addition to all current rights, powers,
privileges, prerogatives and duties, a board of school directors
of a school district that has been placed on the empowerment
list on or after June 30, 2006, due to the designation by the
secretary as a Commonwealth partnership school district shall
have the power to cancel or renegotiate any contract, other
than collective bargaining agreements, for the purpose of making
necessary economies in the operation of the schools within the
school district; eliminate nonprofessional positions for
services nonessential for the operation of the school district;
or enter into agreements with individuals, for-profit or
nonprofit organizations for the operation of school buildings
or groups of school buildings or for the provision of
educational or other types of services to or for the school
district.
(2) The superintendent shall be responsible for the
implementation of a system of performance review of school
administrators, as approved by the board of school directors.
Administrator performance shall be evaluated on the basis of
abilities and effectiveness to manage the operation of the
school facilities and staff, manage resources, provide
instructional leadership, implement and administer the school
budget and promote and maintain a positive educational learning
environment.
(3) Based upon an unsatisfactory review and evaluation of
a school administrator arising from the implementation of the
program established in paragraph (2), a board of school
directors may reassign, transfer or suspend the school
administrator without regard to section 1125.1 or 1151.
(4) Based upon an unsatisfactory review and evaluation of
a school administrator arising from the implementation of the
program established in paragraph (2), a board of school
directors may dismiss the school administrator pursuant to the
procedure contained in section 1127, provided that the board
of school directors shall afford the school administrator notice
and an opportunity to be heard pursuant to 2 Pa.C.S. Ch. 5
Subch. B (relating to practice and procedure of local agencies).
(4.1) In addition to powers enumerated in this act, a school
district designated as a Commonwealth partnership school
district may dispose of unused and unnecessary lands and
buildings, if such buildings are in excess of twenty-five (25)
years of age, in the following manner, notwithstanding the
provisions of section 707 of this act:
(i) By negotiated sale, provided the district has an
affidavit of at least three (3) persons who are familiar with
the value of real estate in the locality in which the lands and
buildings proposed to be sold are located, who have examined

the property and set forth a value for the property and who
opine that the consideration for the property is equal to or
better than that which could be received by sealed bid. The
sale price shall not be less than the highest value set forth
in the three (3) affidavits.
(ii) By entering into agreements with an urban redevelopment
authority organized under the act of May 24, 1945 (P.L.991,
No.385), known as the Urban Redevelopment Law, under which the
district may convey property to the authority for the purpose
of the authority facilitating the conveyance of the property
consistent with the goals of the school district and the
authority.
(5) For purposes of this subsection, the following terms
shall have the following meanings:
"Commonwealth partnership school district." A school
district for which the secretary has determined, on or after
July 11, 2006, and not later than September 9, 2006, all of the
following:
(i) The school district has experienced a decline of fifteen
per centum (15%) or more in student enrollment during the
immediately preceding five-year period.
(ii) The school district has experienced a loss of revenue
during the immediately preceding three-year period due to the
statutory removal of one or more of the sources of revenue made
available pursuant to section 652.1.
(iii) The school district has an equalized millage for the
2004-2005 fiscal year of greater than twenty-seven (27).
"Empowerment list." A list prepared by the Department of
Education containing school districts that fall below certain
academic assessments as provided in former section 1703-B.
"School administrator." As defined in section 1164.
"Secretary." The Secretary of Education of the Commonwealth.
(6) ((6) deleted by amendment)
((c) reenacted and amended June 30, 2012, P.L.684, No.82)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1704-B(c)(4.1), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1704.1-B. Superintendent Power to Recommend
Dismissal.--(1704.1-B expired December 31, 2009. See Act 45 of
2007.)
Section 1705-B. Education Empowerment Districts.--(1705-B
expired June 30, 2010. See Act 16 of 2000.)
Section 1706-B. Powers and Duties of Board of
Control.--(1706-B expired June 30, 2010. See Act 16 of 2000.)
Section 1707-B. Boards of Control for Certain School
Districts.--(1707-B expired June 30, 2010. See Act 16 of 2000.)
Section 1708-B. Charter Schools.--(1708-B expired June 30,
2010. See Act 16 of 2000.)
Section 1709-B. School Improvement Grants.--(1709-B expired
June 30, 2010. See Act 16 of 2000.)
Section 1710-B. Restoration of Control.--(1710-B expired
June 30, 2010. See Act 16 of 2000.)
Section 1711-B. Annual Report to the Governor and General
Assembly.--(1711-B expired June 30, 2010. See Act 16 of 2000.)
Section 1712-B. Collective Bargaining.--(1712-B expired
June 30, 2010. See Act 16 of 2000.)
Section 1713-B. Desegregation Orders.--(1713-B expired June
30, 2010. See Act 16 of 2000.)

Section 1714-B. Mandate Waiver Program.--(1714-B expired

June 30, 2010. See Act 16 of 2000.)
Section 1714.1-B. Limitation.--(1714.1-B expired June 30,
2010. See Act 16 of 2000.)
Section 1715-B. Applicability.--(1715-B expired June 30,
2010. See Act 16 of 2000.)
Section 1716-B. Expiration.--(1716-B expired June 30, 2010.
See Act 16 of 2000.)
ARTICLE XVII-C
DYSLEXIA AND EARLY LITERACY INTERVENTION PILOT PROGRAM
(Art. XVII-C added June 26, 2014, P.L.773, No.69)
Section 1701-C. Short title of article.
This article shall be known and may be cited as the Dyslexia
and Early Literacy Intervention Pilot Program Law.
(1701-C added June 26, 2014, P.L.773, No.69)
Section 1702-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Dyslexia." A condition that is characterized by difficulty
with accurate or fluent word recognition and by poor spelling
and decoding abilities, which characteristics typically result
from a deficit in one or more processes related to the
phonological component of language, that is often unexpected
in relation to other cognitive abilities and the provision of
effective classroom instruction and that may result in problems
in reading comprehension and reduced reading experience that
may impede the growth of vocabulary and background knowledge.
The term shall apply only for purposes of the pilot program.
"Intensive intervention." Explicit, multisensory, synthetic
phonics instruction and a structured language program delivered
with fidelity by a trained interventionist. The term shall apply
only for purposes of the pilot program.
"Pilot program." The Dyslexia and Early Literacy
Intervention Pilot Program established under this article.
(1702-C added June 26, 2014, P.L.773, No.69)
Section 1703-C. Establishment.
(a) Pilot program.--The department shall establish a
Dyslexia and Early Literacy Intervention Pilot Program to
provide evidence-based early screening and multitier support
systems, using evidence-based intervention services for students
with potential risk factors for early reading deficiencies and
dyslexia, such as low phonemic awareness, low letter and symbol
naming and inability to remember sequences.
(b) Program operation.--The pilot program shall operate for
three full school years, beginning with the school year that
begins at least six months after the effective date of this
article.
(c) Eligibility.--The department shall select at least three
school districts to participate in the pilot program. To be
eligible for the pilot program:
(1) A school district must enroll 3,000 to 15,000
students and provide full-day kindergarten.
(2) Three months after the effective date of this
section, the school district must submit a proposal to the
department that identifies how it will meet the guidelines
of the pilot program's:
(i) evidence-based core reading program;

(ii) evidence-based method of screening all

kindergarten students;
(iii) evidence-based intervention programs; and
(iv) a methodology for evaluating the effects of
the program on the students' identified risk factors.
(1703-C added June 26, 2014, P.L.773, No.69)
Section 1704-C. Department responsibilities.
(a) Funds.--The department shall apply for Federal, private
and other non-State funds and shall use funds appropriated or
otherwise made available to it for the pilot program.
(b) Consultation.--The department shall consult with the
International Dyslexia Association or any other recognized
organization that specializes in and has expertise with the
scientific basis of dyslexia and its intervention in
establishing, operating and evaluating the pilot program.
(c) Guidelines and procedures.--No later than three months
after the effective date of this article, the department shall
establish guidelines and procedures for the pilot program that
shall include:
(1) Evidence-based core reading programs that
incorporate systematic phonemic instruction and develop basic
reading skills for all students in the pilot program to use.
(2) An evidence-based screening for low phonemic
awareness and other evidence-based risk factors for early
reading deficiencies and dyslexia. The screening shall be
given to all kindergarten students enrolled in the school
district three times per school year. The first screening
shall be at the beginning of the school year, the second
screening during the middle of the school year and the third
screening in the final quarter of the school year.
(3) Intervention measures, including multisensory
structured language programs for students scoring below the
benchmark that provide timely targeted instruction and
strategic reteaching and intensive intervention in identified
areas.
(4) Diagnostic assessments for students scoring below
the benchmark that are nationally standardized,
norm-referenced screening assessments of phonological
awareness, alphabetic knowledge, concept of word and grapheme
phoneme correspondence. The screening shall be demonstrated
to have predictive validity and classification accuracy.
(1704-C added June 26, 2014, P.L.773, No.69)
Section 1705-C. School district responsibilities.
(a) Notification.-(1) When a student is suspected of having an early
reading deficiency or dyslexia, the participating school
district shall notify the student's parent or guardian that
the student, as part of the pilot program, is eligible to
receive reading intervention services to measure the
effectiveness of early reading assistance programs. The
participating school district shall require the parent or
guardian to indicate in writing that the parent or guardian
voluntarily and knowingly consents to the student's continued
participation in the pilot program. Each participating school
district shall provide to the parent or guardian of the
student suspected of having an early reading deficiency or
dyslexia information about early reading deficiencies and
dyslexia and recommended evidence-based resources and
interventions.
(2) Participation in the pilot program, screening or
intervention assistance does not preclude a parent or
guardian from requesting an evaluation for special education

at any time, including prior to or during the course of early

intervention assistance.
(b) Evaluation.-(1) Each participating school district shall annually
report to the department data and information about the
operation of the pilot program, in the manner prescribed by
the department.
(2) The department shall contract with a nationally
recognized educational evaluation institution or organization
to provide an evaluation of the pilot program to review the
effectiveness of evidence-based early reading assistance
programs for students with risk factors for early reading
deficiencies and dyslexia and to determine if the programs
reduce special education costs. The evaluation shall be
published on the department's publicly accessible Internet
website.
(1705-C added June 26, 2014, P.L.773, No.69)
ARTICLE XVIII.
VOCATIONAL EDUCATION.
(a)

School Districts.

Section 1801. Definitions.--The following words and phrases

as used in this article shall, unless a different meaning is
plainly required by the context, have the following meanings:
(1) "State Board for Vocational Education" shall mean the
State Board of Education, herein invested with powers to
administer this article of this act under the designation of
the State Board for Vocational Education. ((1) amended Oct. 21,
1965, P.L.601, No.312)
(2) "Vocational education" shall mean any form of education
of less than college grade, given in school or elsewhere, the
purpose of which is to fit an individual to pursue effectively
a recognized profitable employment, whether pursued for wages
or otherwise.
(3) "Vocational industrial education" shall mean those forms
of vocational education that fit for industrial pursuits. It
includes occupational training for women and girls other than
training for the vocation of homemaking. It includes also public
and other service occupations.
(4) "Vocational agricultural education" shall mean that
form of vocational education which develops student potential
for success in entering and advancing through careers in the
food, agriculture and natural resources sciences, such as
production agriculture, animal science, agribusiness management
and marketing, agricultural research, energy systems,
agricultural mechanics and engineering, biotechnology, food
science, processing and retailing, banking, agricultural
education, forestry, horticulture, landscape contracting,
nursery and floriculture production, retail garden center
management, leadership and career development, management,
economics and marketing, natural resource management, plant and
soil science, power and systems technology, rural-urban
interfacing and other related fields. ((4) amended Oct. 27,
2011, P.L.340, No.83)
(5) "Vocational distributive occupational education" shall
mean those forms of vocational education designed for those
workers engaged in or preparing for employment as distributors
to consumers, retailers, jobbers, wholesalers, and others of
the products of farm and industry, including, also, managers
operating or conducting a commercial service or personal service

business, or selling the services of such a business. ((5)

amended Sept. 28, 1951, P.L.1551, No.395)
(6) "Vocational homemaking education" shall mean that form
attitudes in the subject matter areas of home economics and
useful programs that are designed to help individuals and
families improve home environment and the quality of family
life. ((6) amended Oct. 4, 1978, P.L.943, No.184)
(7) "Vocational industrial, vocational agricultural,
vocational distributive occupational, or vocational homemaking
school or department," or "vocational school or department,"
shall mean a distinctive organization of courses, pupils, and
teachers approved by the State Board for Vocational Education,
designed to give either vocational industrial, vocational
agricultural, vocational distributive occupational, or
vocational homemaking education, as herein defined. ((7) amended
May 9, 1949, P.L.939, No.263)
(8) "Vocational evening class" shall mean a class providing
such instruction for persons sixteen years of age or over, who
have left full-time school. These classes may be conducted in
the evening, or at hours when workers are able to attend, and
shall include instruction that will either increase the skill
or knowledge of the worker in the occupation in which he is
employed, or include instruction for those who are unemployed
or about to become unemployed because of changing conditions
in industry, and whose previous experience, as a background,
prepares them for employment in related fields within a limited
time.
(9) "Vocational evening class" in vocational homemaking
shall mean a class giving training as indicated in clause (6)
for students during the evening. ((9) amended Oct. 4, 1978,
P.L.943, No.184)
(10) "Vocational homemaking school or department" shall
mean a vocational school or department designed to develop, on
a vocational basis, the capacity for useful employment as
indicated in clause (6). ((10) amended Oct. 4, 1978, P.L.943,
No.184)
(11) "Part-time schools or classes" shall mean those schools
or classes which provide instruction in subjects given to
enlarge the civic or vocational knowledge or skill of workers
over fourteen years of age who have entered upon employment.
Such schools must be so organized as to permit workers, who are
qualified for admission, to spend part of their time during the
day, week, month, or year in employment, and part of the time
in school.
(12) "Part-time cooperative vocational education" refers
to that form of vocational instruction that involves attendance
on alternate, equal periods of school and work at the vocation
during the school year, given in accordance with an agreement
by which the school and industry cooperate and coordinate in
making available the combined educational and training
facilities of both.
(13) "Practical" refers to manipulative or
"practice-of-the-trade" aspects of a vocation. It includes such
work given in shops, laboratories, mines, drafting rooms, and
other places, and is to distinguish such work from "academic"
or "nonvocational" education.
(14) "Public service-school" refers to schools, departments,
classes, and conferences for the in-service training of public
and other service occupations, including policemen, firemen,
finance officers, school board officials, and others.
(15) "Vocational Technical Education" shall mean a subject,
or combination of subjects, of less than college grade designed

to prepare an individual to enter or advance in an occupational

field wherein success is largely dependent upon knowledge or
techniques and applied sciences, the practice of which involves
aspects of planning, managing, controlling, processing or
distributing products, sales and services. ((15) added July 13,
1957, P.L.898, No.397)
(16) "Vocational business and office education" shall mean
a subject or combination of subjects of less than college grade
designed to prepare an individual to enter or advance in an
occupational field wherein success is largely dependent upon
skill and knowledge necessary to obtain competency in
bookkeeping, clerical, data processing, or stenographic
occupations, and similar business pursuits. ((16) added Dec.
22, 1965, P.L.1150, No.446)
Section 1802. State Board for Vocational Education;
Executive Officer; Employes.--The Superintendent of Public
Instruction shall be the executive officer of the State Board
for Vocational Education for the administration of this act.
Except as hereinafter otherwise provided, he, as executive
officer, shall appoint, from time to time, with the approval
of the State Board for Vocational Education, such expert
assistants, other than those already provided for by law, as
may be necessary in vocational industrial, vocational
homemaking, vocational agricultural, vocational distributive
or vocational business and office occupational education, and
all clerical and other agents necessary in carrying out the
provisions of this act.
(1802 amended Dec. 22, 1965, P.L.1150, No.446)
Section 1803. Duties of State Board for Vocational
Education; Reports.--The State Board for Vocational Education
is hereby authorized and directed to investigate and to aid in
the introduction of vocational industrial, vocational
agricultural, vocational homemaking, vocational distributive
and vocational business and office occupational education; to
assist in the establishment of schools and departments for said
forms of education, and to inspect and approve such schools or
departments as are hereinafter provided. The State Board for
Vocational Education shall make a report annually to the
Governor and Legislature describing the condition and progress
of vocational industrial, vocational agricultural, vocational
homemaking, vocational distributive and vocational business and
office occupational education during the year, and shall also
make such recommendations as the board may deem advisable.
(1803 amended Dec. 22, 1965, P.L.1150, No.446)
Section 1803.1. Duty of Secretary to Report Annually.--The
Secretary of Education shall report annually, to the Standing
Committees on Education of the Senate and House of
Representatives, the following information for each area
vocational-technical school:
(1) Number of approved vocational programs during the
current and prior years.
(2) Number of students enrolled during the current and prior
years.
(3) Number of secondary school students enrolled in
participating school districts during the current and prior
years.
(4) Scheduling patterns, including grades in which programs
are offered, whether programs are full time or part time, and
rotation schedules.
(5) Number of hours of instruction per year for each program
for the current and prior years.
(6) Anticipated scheduling changes for the succeeding year.

(1803.1 added July 10, 1986, P.L.1270, No.117)

Section 1804. Schools or Classes; Supervisors; Principals;
Instructors, etc.--In carrying out the provisions of this act,
the State Board for Vocational Education shall provide for
vocational schools or classes, with the necessary staffs, in
accordance with the State Plan for Vocational Education,
approved by the Federal Board for Vocational Education.
Principals, instructors and lecturers for the Public Service
Institute shall be elected by the State Board for Vocational
Education. They shall possess the qualifications established
in the State Plan for Vocational Education approved by the
Federal Board for Vocational Education.
(1804 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Compiler's Note: The Pennsylvania State Firemen's Training
School and the powers and duties of the Department of
Education and the Public Service Institute Board
pertaining thereto, as set forth in section 1804, were
transferred from the Bureau of Vocational Education in
the Department of Education to the Pennsylvania Emergency
Management Agency by Reorganization Plan No.6 of 1981.
Section 1805. Instruction in Theory and Practice.--In order
that instruction in theory and practice may go on together,
vocational industrial, vocational agricultural, vocational
homemaking, and vocational distributive occupational schools
or departments may offer instruction in day, part-time, and
evening classes. Attendance upon such day, evening, or part-time
classes shall be restricted to those over fourteen years of
age.
(1805 amended May 9, 1949, P.L.939, No.263)
Section 1806. Administration by School Districts.--Any
school district may, through its board of school directors-(1) Establish and maintain vocational industrial, vocational
agricultural, vocational homemaking, and vocational distributive
occupational schools or departments.
(2) Receive any donation made to the school district for
the conduct of any vocational school or department or vocational
evening classes. The donation shall be administered by or under
the direction of the board of directors of the district to which
it is made, subject to the approval of the Superintendent of
Public Instruction. The board of school directors in any
district shall not be obliged to accept any such donation unless
it seems proper so to do.
(3) Require a deposit fee of a sum not to exceed ten dollars
($10) from each person enrolling in evening vocational schools
or classes. Such deposit fee shall be returned at the close of
each term of instruction to all persons so enrolled who have
attended seventy-five per cent (75%) or more of the class
sessions of the term and may be returned at any time because
of death, sickness, or any other cause which the board may deem
justifiable.
(4) Acquire land for the purpose of an agricultural school
and equip and maintain the same in a proper manner, to be used
in connection therewith.
(1806 amended May 9, 1949, P.L.939, No.263)
Section 1807. Joint Vocational Schools or Departments.--Two
or more districts may, as provided in article seventeen of this
act, through a joint school committee, establish and maintain
vocational industrial, vocational agricultural, vocational
homemaking, or vocational distributive occupational schools or
departments, to be known as joint vocational schools or
departments.

(1807 amended May 9, 1949, P.L.939, No.263)

Section 1808. Advisory Committees.--Local school boards and
joint school committees administering approved vocational
industrial, vocational agricultural, vocational homemaking, or
vocational distributive occupational schools or departments
may, under a plan to be approved by the State Board for
Vocational Education, appoint an advisory committee composed
of members representing local trades, industries, and
occupations. It shall be the duty of such a committee to counsel
with and advise the local or joint board of trustees, and other
school officials, having the management and supervision of such
schools.
(1808 amended May 9, 1949, P.L.939, No.263)
Section 1809. Attendance in Other Districts and Other
States; Pupils from Other States.--(a) Any resident of any
school district which does not maintain an approved vocational
industrial, vocational agricultural, vocational homemaking, or
vocational distributive occupational education day, part-time,
or evening class, school or department, offering the type of
training which he desires, may make application to the board
of school directors of any other district for admission to such
school or department maintained by said board. If the board
refuses him admission, he may apply to the State Board for
Vocational Education for admission to such school or department.
The State Board for Vocational Education may approve or
disapprove such application. In making such decision the State
Board for Vocational Education shall take into consideration
the opportunities for free vocational training in the community
in which the applicant resides, the financial status of the
community, the age, preparation, aptitude, and previous record
of the applicant, and all other relevant circumstances. The
decision of the State Board for Vocational Education shall be
final. ((a) amended Oct. 4, 1978, P.L.943, No.184)
(b) Where any child of school age in any school district
resides by the nearest traveled road three miles or more from
the nearest vocational high school in any district in this
Commonwealth, such child, unless proper free transportation is
furnished to a suitable school in this Commonwealth, may, on
request of his parents or legal guardian, be assigned by the
board of school directors to a more convenient school in another
state: Provided, That the consent of the proper school officials
in charge of such school in another state to such an arrangement
is permitted by the laws of such state, and is agreed to by
such officials.
(c) The school district in which the person resides, who
has been admitted, as above provided, to an approved vocational
industrial, vocational agricultural, vocational homemaking,
vocational high or vocational distributive occupational school
or department maintained by another school district, shall pay
the high school charge provided for by this act. If any school
district neglects or refuses to pay for such tuition, it shall
be liable therefor, in an action of contract, to the school
district or school districts maintaining the school which the
pupil, with the approval of the board, attended.
(d) The board of school directors in any school district
in this Commonwealth, situate adjacent to another state, may
admit to the vocational high school in such district pupils
resident in such other state, and may receive tuition for such
pupils as in the case of pupils admitted from other districts
in this Commonwealth.
(1809 amended May 9, 1949, P.L.939, No.263)

Section 1810. Approved Local or Joint Vocational Schools;

State Reimbursement.--Vocational industrial, vocational
agricultural, vocational homemaking, and vocational distributive
occupational schools or departments shall, so long as they are
approved by the State Board for Vocational Education as to
organization, control, location, equipment, courses of study,
qualifications of teachers, methods of instruction, conditions
of admission, employment of pupils, and expenditures of money,
constitute approved local or joint vocational schools. School
districts maintaining such approved local or joint vocational
schools or departments shall receive reimbursement from the
Commonwealth, as provided for in this act, and shall make such
certificates to the Superintendent of Public Instruction as are
required by article twenty-five of this act.
(1810 amended May 9, 1949, P.L.939, No.263)
Section 1811. Estimate of Expenses and Reimbursements;
Appropriations.--On or before the first Wednesday of January
of any year in which the regular session of the Legislature is
held, the State Board for Vocational Education shall present
to the Legislature an estimate of the amount of money necessary
to meet the expenditures to be incurred in the administration
of this act for the fiscal year beginning with the first day
of the ensuing June, 1961, and beginning with the first day of
July of each year thereafter; and the amount necessary to meet
the claims of school districts and unions of school districts
maintaining approved vocational schools or departments, under
the provisions of this act for the school year beginning with
the first day of the preceding July. On the basis of such
statement, the Legislature shall make an appropriation of such
amounts as may be necessary to meet the expense of carrying
this act into effect, and of reimbursing such school districts
and unions of school districts for such school year as herein
provided.
(1811 amended June 19, 1961, P.L.470, No.236)
(b)

Vocational School Districts.

Section 1821. How Constituted.--(1821 repealed July 13,

1957, P.L.898, No.397)
Section 1822. Boards of Directors of Vocational Schools;
Secretary; Treasurer.--(1822 repealed July 13, 1957, P.L.898,
No.397)
Section 1823. Powers and Duties.--(1823 repealed July 13,
1957, P.L.898, No.397)
Section 1824. Limitation on Powers; Applicability of School
Laws.--(1824 repealed July 13, 1957, P.L.898, No.397)
Section 1825. Levy and Collection of Taxes.--(1825 repealed
July 13, 1957, P.L.898, No.397)
Section 1826. Determination of Need for Vocational
Schools.--(1826 repealed July 13, 1957, P.L.898, No.397)
Section 1827. Action of Board of Directors of Vocational
Schools.--(1827 repealed July 13, 1957, P.L.898, No.397)
Section 1828. Elections on Establishment of Vocational
Schools.--(1828 repealed July 13, 1957, P.L.898, No.397)
Section 1829. Joint Vocational Schools, Departments or
Classes.--(1829 repealed July 13, 1957, P.L.898, No.397)
Section 1830. Rules and Regulations; Pupils from Other
Districts.--(1830 repealed July 13, 1957, P.L.898, No.397)
(c)

Area Vocational-Technical Schools and

Technical Institutes.
(Hdg. amended Aug. 14,

1963, P.L.1065, No.463)

Section 1840. Definitions.--(1840 repealed Feb. 1, 1966,
1965 P.L.1632, No.579)
Section 1840.1. Definitions.--When used in Article XVIII
of this act, the following words and phrases shall have the
following meanings unless otherwise required by the context:
"School." The word "school" shall mean an area
vocational-technical school.
"Institute." The word "institute" shall mean technical
institute.
"Attendance area." An "attendance area" shall mean a
geographical area of school districts and pupils to be served
by an area vocational-technical school or institute which has
been approved by the State Board for Vocational Education.
"Area vocational-technical board." An "area
vocational-technical board" shall mean the boards of school
directors of all of the participating districts acting jointly.
(1840.1 added Feb. 1, 1966, 1965 P.L.1632, No.579)
Section 1841. Area Vocational-Technical Schools and
Technical Institutes Authorized.--An area vocational-technical
board may establish, maintain, conduct and operate schools,
departments or classes to prepare for vocational industrial,
vocational agricultural, vocational homemaking, business and
vocational distributive occupations, technical occupations,
such as aides and assistants, in physical, biological, space
and other sciences, mathematics, engineering, construction and
design, computer programming and maintenance, and health
occupations and for any other occupations requiring vocational
or technical training and education, to be known as "area
vocational-technical schools," for the education of pupils,
out-of-school youth and adults residing in the attendance area.
An area vocational-technical board or several area
vocational-technical boards jointly may provide for, establish,
maintain, conduct and operate schools, departments, or classes
to be known as "technical institute" to educate, train and offer
post high school programs and courses of not more than two
years' duration, which will prepare out-of-school youth and
adults for competency in sub-professional, technical, health
service, business, commercial, merchandising and skilled
occupations and for any other occupations for which technical
training is helpful to an employer and increases students'
qualifications for employment. Technical institute programs and
courses shall be coordinated with those offered in area
vocational-technical schools to insure progressive advancement
of students. Such institutes shall be organized in accordance
with proposals of area vocational-technical boards of school
directors, which are approved by the State Board for Vocational
Education. All technical institutes shall be established,
operated and in all respects conform to standards prepared by
the Department of Education and adopted by the State Board for
Vocational Education. Area vocational-technical schools, as
approved by the State Board for Vocational Education, may be
organized as vocational-technical service centers in which
pupils may enroll full-time or in which pupils enrolled in
academic high schools may elect to attend part-time. Technical
institutes approved by the State Board for Vocational Education
may enroll out-of-school youth and adults full-time or part-time
as the students may elect.
Area vocational-technical school and technical institute
attendance areas and standards for courses and equipment shall
be in conformity with standards prepared by the Department of

Education and approved by the State Board for Vocational

Education. (Par. added Dec. 6, 1972, P.L.1417, No.308)
(1841 amended Dec. 28, 1972, P.L.1645, No.346)
Section 1842. Advisory Committees.--Each area
vocational-technical board operating an area
vocational-technical school and/or technical institute shall
appoint an advisory committee, composed of representatives of
local trades, industries, business research and educational
agencies, occupations, and administrators of the participating
school districts. The advisory committee shall advise the area
vocational-technical board on such matters as the need for a
particular shop, laboratory, occupation, equipment, curriculum,
labor management coordination, business and industrial
requirements or selection of personnel.
(1842 amended Aug. 14, 1963, P.L.1065, No.463)
Section 1843. Powers and Duties of County Boards.--(1843
repealed Feb. 1, 1966, 1965 P.L.1632, No.579)
Section 1844. Establishment of Schools and Institutes.--(a)
The intermediate unit board of directors of each intermediate
unit shall call a convention of school directors of all school
districts in the intermediate unit to meet separately by
attendance areas, to discuss the establishment of an area
vocational-technical school or technical institute, as the case
may be and to call upon each district to vote for or against
participation in the establishment of a school or institute.
In addition to the method of establishing area
vocational-technical schools and technical institutes as
provided above, the intermediate unit board of directors may,
at any meeting call for an election by the school directors of
the districts within an attendance area to determine if an area
vocational-technical school or technical institute shall be
established. The intermediate unit board of directors shall
notify, by certified mail, each school district within an
attendance area of its action. At a regular or special meeting
of each school board within an attendance area and within sixty
days of the receipt of notification, an election shall be held
to determine if the district desires to participate in the
establishment of an area vocational-technical school or
technical institute. The results of this election and the number
of votes cast each way shall be certified to the intermediate
unit board of directors.
The intermediate unit board of directors shall certify the
vote conducted in convention or by mail ballot to the Department
of Education and if sufficient school districts vote in the
affirmative, the intermediate unit board of directors shall
proceed to act as the agency to initiate the final procedures
necessary to organize and establish an area vocational-technical
school or technical institute in the attendance area. School
districts indicating unwillingness to participate in the
establishment of an area vocational-technical school or
technical institute may become participating districts at a
later date according to terms and conditions defined by the
then participating districts.
In the event the intermediate unit board of directors fails
to call for an election and one or more districts within an
attendance area desire an election, they may request the
Department of Education to conduct such election in the same
manner prescribed for the intermediate unit board of directors.
((a) amended Dec. 6, 1972, P.L.1417, No.308)
(b) ((b) repealed Jan. 14, 1970, 1969 P.L.468, No.192)
(c) In cases where a second or third class school district
maintains an approved vocational program, individually or

jointly, such district or districts, individually or jointly,

may (1) make the program part of the area vocational-technical
school, or (2) continue to operate the program independently
either as a participating or non-participating district.
(d) Boards of Public Education of districts of the first
class A and first class may establish area vocational-technical
schools and technical institutes by the majority vote of the
members of such boards, provided such action is approved by the
State Board for Vocational Education. ((d) amended Jan. 14,
1970, 1969 P.L.468, No.192)
(1844 amended Aug. 14, 1963, P.L.1065, No.463)
Section 1845. Cost of Establishment, Etc., Ownership of
Property.--All expenses in connection with the establishment
of area vocational-technical schools or technical institutes
and additions and improvements thereof shall be borne by the
school districts participating therein in the proportions agreed
on by the respective districts. Any school district not
participating in the original establishment of an area
vocational-technical school or technical institute, which later
elects to become a participant, shall contribute to the cost
of the school an amount agreed on with the then participating
districts, and shall make such further annual payments on
account of obligations to the State Public School Building
Authority or rentals under leases with municipality authorities
as shall be agreed on. All property of each area
vocational-technical school or technical institute shall be
owned jointly by the several school districts participating in
the establishment, maintenance and operation thereof, in the
proportion the contribution of each to the cost of acquisition,
construction and improvement bears to the total cost.
(1845 amended Aug. 14, 1963, P.L.1065, No.463)
Section 1846. Cost of Maintenance and Operation.--(1846
repealed June 1, 1956, 1955 P.L.2018, No.675)
Section 1847. Attendance of Pupils from Nonparticipating
Districts.--On obtaining the consent of the area
vocational-technical board operating an area
vocational-technical school or technical institute, and with
or without the consent of the board of school directors of the
district in which the pupil resides, any pupil residing in a
nonparticipating district may attend the area
vocational-technical school or technical institute. The school
district in which the pupil resides shall be charged, for each
pupil attending the area vocational-technical school or
technical institute, an amount equal to the total approved
budget for current expenses, debt service and capital outlay
divided by the number of pupils enrolled in the school.
(1847 amended Aug. 14, 1963, P.L.1065, No.463)
Section 1848. State-wide Plan of Area Vocational Technical
Schools.--(1848 repealed Jan. 14, 1970, 1969 P.L.468, No.192)
Section 1849. Petitions for Change of Plan.--Future
development of area vocational technical schools shall, after
approval of the State plan, conform to the plan, and the school
directors of a specified attendance area, having reason to
question the practicability of the State plan for the specific
attendance area or desiring to change the specified area, may
present the case to a committee of the State Board for
Vocational Education with petition for change. The decision of
the State board thereon shall be final.
(1849 added July 13, 1957, P.L.899, No.398)
Section 1850. Area Vocational Technical Joint School Board
Committee.--(1850 repealed Feb. 1, 1966, 1965 P.L.1632, No.579)

Section 1850.1. Organization and Operation of Schools and

Institutes.--(a) Schools and institutes shall be the
responsibility of the participating boards of school directors
of an approved attendance area. Such boards of school directors
shall have authority to enter into a written agreement by and
among themselves establishing such school or institute setting
forth, inter alia, the rights and obligations of the
participating districts. No change shall be made in such
agreement without the consent of each participating school
district first obtained, by the affirmative vote of a majority
of the school directors thereof. The several participating
boards of school directors shall collectively be known as the
area vocational-technical board.
(b) The area vocational-technical board shall have authority
and its duty shall be:
(1) To provide, as the participating districts may agree,
for the assumption by the area vocational-technical board of
obligations including, but not limited to, operating expenses,
architect's fees, engineering costs, professional salaries,
expenses of acquiring and maintaining sites for schools and
institutes, incurred by any county board of school directors
or county boards of school directors on behalf of such
participating districts pursuant to prior agreements;
(2) To formulate and adopt policies relating to the
organization, establishment and operation of the school or
institute;
(3) To provide for the administration and operation of the
school or institute;
(4) To adopt the budgets for operation of the school or
institute as prepared in the same manner provided for in section
687 of this act;
(5) To designate a superintendent of the school or
institute, provided, that when a county board or boards is
selected as the operating agent as hereinafter provided, a
county superintendent of schools shall be designated as the
superintendent of the school or institute, and that when the
several boards or a committee thereof operate the school or
institute as hereinafter provided, a chief school administrator
of a participating school district or a county superintendent
shall be designated as superintendent of the school or
institute;
(6) To exercise all the powers, perform the duties, and be
subject to all liabilities with reference to the operation of
schools and/or institutes as are now or hereafter shall be
conferred or imposed by law;
(7) To make from time to time surveys to determine the
current vocational and technical needs of the participating
school districts;
(8) To make and establish, and from time to time alter and
amend, rules and regulations for the transaction of its business
and for the administration of the work under its charge;
(9) To employ temporary professional and professional
employes, supervisors and teachers, and to employ all other
persons necessary to carry on vocational-technical education
and technical institutes, and to determine the salaries to be
paid. All temporary professional and professional employes so
employed shall have the same rights of tenure, minimum salaries
and increments, leaves of absence because of illness or physical
disability, leaves of absence because of death in the immediate
family or death of a near relative, sabbatical leaves, military
leaves, exchange teacher leaves, and membership in the Public
School Employes' Retirement System as temporary professional

and professional employes of school districts. No professional

employe who has attained tenure status as an employe of any
area vocational-technical board shall, thereafter, be required
to serve as a temporary professional employe before being
tendered such a contract when employed by any other part of the
public school system of the Commonwealth; ((9) amended May 14,
1968, P.L.119, No.62)
(10) To purchase, lease, rent, improve and sell land, and
to build, repair, improve, lease, rent, buy and sell buildings;
(11) To acquire real property by purchase, gift or
condemnation, for the purposes of area vocational-technical
schools and technical institutes. Such condemnation proceedings
shall be instituted and conducted by the board in the name of
the participating school districts in the same manner and with
like authority as provided by law in the case of school
districts. The title to any real estate, acquired for the
purpose of establishing any such area vocational-technical
school or institute shall be held in the name of one or more
of the school districts establishing the same, as they may
agree;
(12) To purchase, lease, rent or otherwise acquire all
necessary furniture, implements, books, materials, equipment
and supplies;
(13) When authorized by the participating school districts
in the attendance area, to provide for free mandated
transportation of district pupils to and from the area
vocational-technical school in which they have been accepted,
and to apply and receive on behalf of the school districts in
the attendance area reimbursements on account of such
transportation provided;
(14) To make contracts with counties, cities, boroughs,
towns, townships, school districts, other political
subdivisions, community colleges, public and private agencies,
quasi-public agencies, nonprofit corporations, the Federal
Government and its agencies and instrumentalities,
municipalities and other public authorities, or other persons
for carrying out the purposes of this subdivision of this
article;
(15) To make an annual report, in writing, to the Department
of Public Instruction, and such other reports as the department
may require;
(16) To adopt criteria for admitting students to area
vocational-technical schools and technical institutes;
(17) To receive Federal, State, school district and other
public and private funds and to expend such funds to establish,
operate, improve and expand area vocational-technical schools
and technical institutes;
(18) When authorized by the participating school districts,
and on behalf of such districts, to enter into agreement with
the State Public School Building Authority, municipal
authorities, political subdivisions, municipal corporations,
public and private agencies, quasi-public agencies, authorities,
nonprofit corporations and the Federal Government and its agents
and instrumentalities to buy land, build, alter, lease, equip
and operate facilities for public vocational-technical education
and technical institutes;
(19) To prepare and submit to the Department of Public
Instruction on or before July 1 of each year, for approval, a
budget of proposed expenditures for area vocational-technical
schools and technical institutes for the ensuing year;
(20) To accept pupils in area vocational-technical schools
and technical institutes from districts not participating in

their establishment and maintenance and to establish tuition

charges therefor;
(21) To assign pupils residing within school districts
participating in an area vocational-technical school and/or
technical institutes to vocational schools or departments
maintained by other area vocational-technical boards and school
districts with the approval of the area vocational-technical
boards and the district boards maintaining such schools or
departments, and to pay tuition for pupils permitted to attend
such area vocational-technical schools, technical institutes
and vocational schools or departments;
(22) To locate area vocational-technical schools and
technical institutes;
(23) To collect tuition and fees;
(24) To do all things necessary to carry into effect the
purposes of this act;
(25) Whenever such schools and technical institutes are
authorized, to prepare an estimate of the total cost of and
expenditures to be made on account of each area
vocational-technical school and technical institute for the
following year, such estimate shall be filed with the Department
of Public Instruction no later than July 1 of each year for the
approval of the department;
(26) When authorized by the participating school districts,
to establish capital reserve funds under the provisions of
section 1850.4 for the purposes of purchasing equipment and
maintaining facilities; ((26) added May 10, 2000, P.L.44, No.16)
(c) All actions of an area vocational-technical board shall
be by a majority vote of the members of the board either in
convention or by mail ballot, whichever procedure the board
shall select: Provided, That the approval of each operating
budget shall require an affirmative vote of two-thirds of the
participating school districts and a majority vote of all the
school directors of all participating districts; and provided
further, for purposes of this requirement only, the vote of any
participating school district shall be determined by a majority
vote of all school directors comprising such participating
boards. All votes shall be duly recorded and shall show how
each member voted;
(d) An area vocational-technical board shall have power to
delegate the operation, administration and management of the
school or institute (1) to one or more county boards of school
directors acting as agent for the area vocational-technical
board; or (2) to a joint committee elected from among the
several participating boards of school directors.
(1850.1 added Feb. 1, 1966, 1965 P.L.1632, No.579)
Section 1850.2. Operation by Intermediate Unit Board of
Directors Acting as an Operating Agent.--When an intermediate
unit board of directors is designated as agent to operate,
administer and manage a school and/or institute, such agent
shall discharge its duties and responsibilities in accordance
with the provisions of a written agreement entered into by the
area vocational-technical board and the intermediate unit board
of directors. The agreement shall give the agent the power and
authority to operate, administer and manage a school and/or
institute given by law to an area vocational-technical board
and shall provide that the agent shall conduct the affairs of
the school and/or institute within the limits of the budget
adopted by the area vocational-technical board. In no event
shall the powers granted an area vocational-technical board by
clauses (1), (4), (11), (17), (19), (22) and (25) of section
1850.1 (b) be delegated hereunder nor shall the powers granted

an area vocational-technical board by clauses (9), (10), (12)

and (14) of section 1850.1 (b) be delegated hereunder, except
to the extent that the subject items are fully provided for
within the current budget.
These same provisions shall apply when a joint committee is
designated to operate and manage a school and/or institute.
(1850.2 amended Dec. 6, 1972, P.L.1417, No.308)
Section 1850.3. Operation by a Joint Committee.--(a) When
a joint committee is selected to operate a school and/or
institute, it shall be known as the area vocational-technical
school committee.
(b) The membership on such joint committee shall be
determined by agreement among the boards of participating school
districts, provided always that each participating school
district shall have at least one member thereon.
(c) Each participating board of school directors shall elect
one or more of its members, as the case may be, to serve on the
area vocational-technical committee. The committee members, so
elected, shall serve for a three-year term, commencing the day
of their election in the month of December: Provided, however,
That in the first election, the terms of office of one-third
of the members shall expire at the end of the first year, the
terms of office of one-third of the members shall expire at the
end of two years, and the terms of office of the remaining
one-third shall expire at the end of the third year. The length
of the terms of office of the initial members shall be
determined by the casting of lots.
(d) Each year, during the month of December, the joint
committee shall choose from its members a chairman and
vice-chairman, each to serve for one year; and shall, annually,
during the month of May, elect a treasurer to serve for one
year, beginning the first Monday in July following such
election; and shall, during the month of May, once every four
years, elect a secretary, who may or may not be a member of the
area vocational-technical board, to serve for a term of four
years, beginning the first Monday of July following such
election. The joint committee shall elect interim officers to
serve until the first regular December and May election
meetings.
(1850.3 added Feb. 1, 1966, 1965 P.L.1632, No.579)
Section 1850.4. Capital Reserve Fund for Approved Purchases
of Equipment and Facility Maintenance.--(a) Any area
vocational-technical board shall have the power to create a
special fund which may be designated as a capital reserve fund
and to accumulate therein moneys to be expended, in accordance
with the provisions of this section, during a period not to
exceed five years from the date when the first payment was made
into the fund, for the purpose of purchasing equipment or
maintaining facilities.
(b) The capital reserve fund herein provided for shall
consist of funds transferred during any fiscal year from
appropriations made for this particular purpose and of
unencumbered funds remaining from the current and/or prior
years' general fund.
(c) The moneys in the capital reserve fund shall be kept
separate and apart from any other fund by the treasurer of the
area vocational-technical board, and the moneys in the fund may
be invested by the operating agent in securities legal for the
investment of sinking fund moneys of the school district. The
interest earnings on investments shall be paid into the capital
reserve fund. The area vocational-technical school shall
annually show in its financial report the amount of moneys in

the capital reserve fund which shall at all times be properly

identified as to purpose.
(d) The moneys in any such capital reserve fund may be
expended only upon approval of a majority of the members of the
operating agent only during the period of time for which the
fund was created and only for equipment purchases or facilities
maintenance projects and for no other purpose.
(1850.4 added May 10, 2000, P.L.44, No.16)
Section 1851. Establishment and Operation by the Department
of Public Instruction.--Where, in the judgment of the State
Superintendent of Public Instruction, the provisions of this
act relating to the proper vocational education and training
of children and adults have not been complied with or the
vocational education needs of children and adults are not being
adequately served, the Department of Public Instruction is
hereby authorized to provide, including the payment of rental
when necessary, establish, maintain, administer, supervise and
operate vocational technical, vocational industrial, vocational
agricultural, vocational homemaking, vocational distributive,
occupational, post high school vocational and technical
education or less than college level, schools, departments or
classes for the proper vocational education and training of
children and adults. Eligibility for enrollment in such classes
shall be determined according to standards and regulations
promulgated by the State Board for Vocational Education.
(1851 added Sept. 12, 1961, P.L.1272, No.557)
Section 1852. Payment of Shares.--Any school district of
the first, first A, second, third or fourth class establishing
or participating in the establishment of an area
vocational-technical school or a technical institute,
individually, or jointly, with two or more districts, shall
have the same power and authority to levy taxes to pay or to
pay its share of buildings, grounds, equipment, operating
expenses and other necessary expenses to establish, maintain
and operate such school or institute as it has to levy taxes,
to purchase land, construct and equip buildings, and operate
elementary schools and any additional schools and departments
as defined in section 502 of this act.
(1852 amended Feb. 1, 1966, 1965 P.L.1632, No.579)
Section 1853. Contracts to Lease.--An area
vocational-technical board authorized to establish and operate
an area vocational-technical school or technical institute may
enter into contracts with the State Public School Building
Authority, the General State Authority, municipal authorities,
nonprofit corporations, municipal corporations, political
subdivisions, public and quasi-public and private agencies,
Federal Government and its agencies and instrumentalities to
lease lands and buildings for the purpose of operating an area
vocational-technical school or technical institute.
(1853 amended Feb. 1, 1966, 1965 P.L.1632, No.579)
Section 1854. Summer Youth Employment Program.--In order
to implement Federal emergency legislation for disadvantaged
youth, the Department of Education, in cooperation with the
Department of Labor and Industry, shall develop, implement and
administer for fiscal year July 1, 1992, to June 30, 1993, a
summer youth employment and training program that complies with
Title II-B of the Federal Job Training Partnership Act (Public
Law 97-300, 29 U.S.C. 1501 et seq.). The General Assembly
hereby appropriates for fiscal year July 1, 1992, to June 30,
1993, to the Department of Education, with the approval of the
Governor, all additional Federal moneys made available to the

Commonwealth under Title II-B of the Job Training Partnership

Act for this purpose.
(1854 added July 9, 1992, P.L.392, No.85)
Section 1855. Vocational Education Equipment Grants.--For
the 2000-2001 fiscal year and the 2001-2002 fiscal year, the
Department of Education shall establish a grant program to
assist area vocational-technical schools, school districts
offering approved vocational-technical programs and the Thaddeus
Stevens State College of Technology in purchasing equipment
that meets industry standards for the purpose of providing
training to students. Grants shall be limited to the purchase
of equipment in the following program areas: automotive
technology, auto body, diesel technology, precision machine
technology, heating ventilation and air conditioning, printing,
dental assisting, electronics, building trades and other program
areas approved by the Secretary of Education. Grants shall be
awarded by the Department of Education on a matching basis, two
State dollars ($2) for every local dollar ($1), and shall be
limited to funds appropriated for that purpose.
(1855 amended June 22, 2001, P.L.530, No.35)
ARTICLE XIX.
EXTENSION EDUCATION AND SPECIAL
SCHOOLS AND CLASSES.
(Hdg. amended May 9, 1949, P.L.939, No.263)
(a)

Extension Education Generally.

Section 1901. Scope of General Extension Education;

Definitions.--The following words and phrases, as used in this
article, shall, unless a different meaning is plainly required
by the context, have the following meaning:
"General extension education" shall designate the
instructional and recreational services listed below that are
provided and administered by the board of school directors of
any school district, but shall not include activities which are
subsidized under the provisions of Federal enactment nor the
coaching or supervision of interscholastic athletic teams or
games.
The areas of "extension education" for which local school
districts receive reimbursement from the Commonwealth, as
provided in section 1146, shall be as follows:
(1) General extension education credit courses, including
(a) Standard evening high school, and
(b) Summer schools (elementary and secondary).
(2) General extension education noncredit courses organized
for classes in which eighty per cent (80%) of the pupils are
out-of-school youth and adults, including
(a) Citizenship classes (education for immigrants, education
for illiterates),
(b) Adult education for the blind (itinerant and class
instruction, parent education for blind),
(c) Home nursing, home management, child care.
(3) Recreation, including
Recreation activities for children and youth from the ages
of six (6) to twenty-one (21).
(1901 amended Sept. 12, 1961, P.L.1263, No.554)
Section 1902. Permissive and Required Fee Extension
Education.--The board of school directors of any school district
may and upon written application, signed by fifteen or more
residents of such district above the age of sixteen years who
are not in attendance at any public or private day school, shall

provide free extension education for said applicants in any

area listed in section 1901. The board of directors may close
any class of the extension schools when the average attendance
for any month falls below ten.
(1902 amended Sept. 12, 1961, P.L.1263, No.554)
Section 1903. When and Where Provided; Eligibility;
Limitations.--Extension education shall be provided in school
buildings at any time not in conflict with regular day-school
activities as requested by such applicants, and elsewhere at
any hour during any day except Sunday or legal holidays which
the board may deem advisable.
(1903 amended Sept. 12, 1961, P.L.1263, No.554)
Section 1904. Deposit Fee.--Any board of school directors
may require a deposit fee of a sum not to exceed seven dollars
and fifty cents ($7.50) from each person enrolling in such
extension schools or classes, and may require further that such
deposit fees accompany each written application for such
extension instruction. Such deposit fee shall be returned at
the close of each term of instruction to all persons so enrolled
who have attended seventy-five per cent (75%) or more of the
class sessions of said term, and may be returned at any time
because of death, sickness or for any other cause which the
board may deem justifiable.
The board of school directors may require each student to
pay a tuition fee for any adult education or recreation activity
not listed in section 1901. The tuition fee shall be computed
in accordance with section 2561 (4).
(1904 amended Sept. 12, 1961, P.L.1263, No.554)
Section 1905. Certificate or Diploma.--All school credits
derived from any curricular course of study in the standard
evening high school of any district shall be accepted by the
school authorities of that district toward fulfillment of the
requirements for graduation from any curriculum of any day
school of corresponding grade in that district. Upon the
satisfactory completion in the standard evening high school of
the curricular courses of study required for graduation from
any curriculum of any school district by any person, such person
shall be awarded the appropriate school certificate or diploma
at the close of the then current school term.
(1905 amended Sept. 12, 1961, P.L.1263, No.554)
Section 1906. Part of Public Schools; Standards.--General
extension education shall be an integral part of the public
schools of the Commonwealth and of the districts in which it
is organized. It shall be under the supervision of the
superintendent of the district, as are other public schools of
that district. The State Board of Education shall adopt
standards for the qualifications and certification of general
extension teachers and leaders, pre-approval of instructional
budgets and all other matters pertaining to general extension
education not inconsistent with this act or other acts
pertaining to the public schools of the Commonwealth.
(1906 amended Jan. 14, 1970, 1969 P.L.468, No.192)
(b)

Special Schools and Classes.

Section 1921. Free Evening Schools.--(1921 repealed Sept.

12, 1961, P.L.1263, No.554)
Section 1922. Vocational Education for Out-of-School Youth
and Adults.--The board of school directors of any school
district, when requested in writing by twenty (20) or more
out-of-school youth or adults having an administratively
feasible educational objective which has been provided for in

the State Plan for Vocational Education for which facilities

are available, shall inaugurate and maintain such programs so
long as enrollment conditions warrant.
(1922 amended May 14, 1949, P.L.1365, No.408)
Section 1923. Teachers of Evening Schools.--All teachers
of evening schools must have proper certificates as provided
in this act.
Section 1924. Land for Agricultural Schools.--(1924 repealed
May 9, 1949, P.L.939, No.263)
Section 1925. Pupils Less than Six or More than
Twenty-one.--Any board of school directors may admit persons
less than six years of age, or more than twenty-one years of
age, to suitable special or vocational schools or departments.
Section 1926. Schools and Classes in Institutions.--It shall
be within the jurisdiction of the Department of Public
Instruction to organize and to supervise schools and classes
according to the regulations and standards established for the
conduct of schools and classes of the public school system in
the Commonwealth in all institutions wholly or partly supported
by the Commonwealth which are not supervised by public school
authorities. Schools and classes so established in wholly
state-owned institutions shall be financed by the department
of the State government having jurisdiction and control of such
institutions. Except as otherwise provided by law, a teacher
in a school or of a class organized and supervised by the
Department of Public Instruction in an institution wholly or
partly supported by the Commonwealth, teachers in the
Pennsylvania State Oral School for the Deaf, teachers in the
Thaddeus Stevens Trade School and teachers in the Scotland
School for Veterans' Children shall enjoy the same privileges,
including tenure rights and be subject to the same laws as a
teacher in the public schools of the Commonwealth.
(1926 amended Oct. 25, 1967, P.L.491, No.237)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Compiler's Note: Section 6(e) of Act 105 of 1996 provided
that, notwithstanding the transfer of the Scotland School
for Veterans' Children from the Department of Education
to the Department of Military and Veterans Affairs under
Act 105, section 1926 shall remain in full force and
effect insofar as it relates to teachers at the Scotland
School for Veterans' Children.
ARTICLE XIX-A.
COMMUNITY COLLEGES.
(Art. added July 1, 1985, P.L.103, No.31)
Section 1901-A. Definitions.--The following words and
phrases, as used in this article, shall, unless a different
meaning is plainly required by the context, have the following
meaning:
(1) "Municipality" shall mean any city, borough, town,
township or county.
(2) "Local sponsor" shall mean a school district or a
municipality or a county board of school directors or any
combination of school districts, municipalities or county boards
of school directors which participate or propose to participate
in the establishment and operation of a community college.

(3) "Member" of a local sponsor shall mean any school

district or municipality which alone is or with other districts
and municipalities is included in a local sponsor.
(4) "Community college" shall mean a public college or
technical institute which is established and operated in
accordance with the provisions of this act by a local sponsor
which provides a two-year, postsecondary, college-parallel,
terminal-general, terminal-technical, out-of-school youth or
adult education program or any combination of these. The
community college may also provide area vocational-technical
education services and credit, nonremedial college courses to
secondary senior high school students. ((4) amended July 13,
2005, P.L.226, No.46)
(5) "Community college plan" shall mean a plan prepared in
accordance with the policies, standards, rules and regulations
of the State Board of Education for the establishment or
operation of a community college and shall include a survey of
any industrial development and manpower needs of the area and
of any vocational and occupational shortage and the means by
which the community college program and curriculum shall further
industrial development, reduce unemployment and improve
employable skills of residents of the area to be served by the
community college.
(6) "Governing body" of a school district or municipality
shall mean respectively its board of school directors or its
council or board of commissioners or supervisors and may include
the county board of school directors.
(7) "Board of trustees" shall mean the board of trustees
of a community college.
(8) "Annual" shall mean a twelve-month period coterminous
with the Commonwealth fiscal year beginning July 1 and ending
June 30; hence, annual capital expenses and reimbursement
therefor shall be regarded as those incurred during a full
twelve-month fiscal year of operation.
(9) "Academic year" shall mean the period of instruction
which includes two semesters, two trimesters, or three terms
or quarters; hence, operating expenses for the academic year
and reimbursement therefore shall be those incurred during two
semesters, two trimesters, or three terms or quarters of college
operation.
(10) "Summer term" shall mean an additional session,
semester, trimester or quarter offered at the end of the regular
academic year.
(11) "Independent certified public accountant" shall mean
a member of the American Institute of Certified Public
Accountants who has a minimum of five years' verifiable
experience in performing audits of government funds for
nonprofit organizations with a comparable or larger annual
budget. ((11) added July 13, 2005, P.L.226, No.46)
(12) "High-priority and high-instructional-cost occupation
program" shall mean a for-credit, two-year or less-than-two-year
occupational or technical program approved by the Department
of Education to qualify for an economic development stipend in
order to prepare students to enter high-priority occupations
pursuant to section 1913-A(b)(1.8)(ii). ((12) added July 13,
2005, P.L.226, No.46)
(13) "High-priority occupation program" shall mean a
for-credit, two-year or less-than-two-year occupational or
technical program approved by the Department of Education to
qualify for an economic development stipend in order to prepare
students to enter high-priority occupations pursuant to section
1913-A(b)(1.8)(iii). ((13) added July 13, 2005, P.L.226, No.46)

(14) "Noncredit workforce development courses" shall mean

noncredit courses approved by the Department of Education to
qualify for an economic development stipend pursuant to section
1913-A(b)(1.8)(iii) and having the specific purpose of providing
opportunities for students and incumbent workers to develop or
upgrade skills necessary in high-priority occupations. Noncredit
workforce development courses may be offered by a community
college at an off-campus site, at any of its facilities or
through any form of distance education. ((14) added July 13,
2005, P.L.226, No.46)
(15) "Workforce development courses" shall mean those
noncredit courses having the specific purpose of providing
opportunities for students and incumbent workers to develop or
upgrade skills necessary or useful in gainful employment, for
promotion or other similar opportunities in existing employment
or for learning new job skills and that have, as their subject
matter, instruction in any of the following general areas:
(1) Computers and information processing and technology,
including the study of both hardware and software applications.
(2) Management, supervision and basic employability skills,
including, but not limited to, working in teams, management and
supervisory skills, effective interpersonal relations, problem
solving, self-management strategies, project management and the
application of Federal and State laws to the workplace.
(3) Health professional and allied health job skills.
(4) Technical, manufacturing and service industries,
including, but not limited to, jobs in such fields as powdered
metals, machine tool and diemaking, electronics, safety,
plastics technology, hydraulics, construction,
warehouse/materials management, automotive repair and
management, heating, ventilation and air conditioning,
refrigeration and tourism.
(5) Other similar areas.
((15) added July 13, 2005, P.L.226, No.46)
(1901-A added July 1, 1985, P.L.103, No.31)
Section 1902-A. Powers and Duties of State Board of
Education.--(a) The State Board of Education shall have the
power, and its duty shall be:
(1) To adopt such policies, standards, rules and regulations
formulated by the Council of Higher Education, as may be
necessary to provide for the establishment, operation and
maintenance of community colleges, including minimum
requirements for physical facilities and equipment, curriculum,
faculty, standards and professional requirements, qualifications
for admission and advancement of students, student enrollment,
student population of the area to be served by the community
college, requirements for satisfactory completion of a two-year
program and the degrees or diplomas or certificates to be
awarded therefor, means of financing and financial resources
for the establishment and support of the community college, and
all matters necessary to effectuate the purposes of this act.
(2) To approve or disapprove plans for the establishment
or operation of a community college.
(3) To approve or disapprove petitions of school districts
or municipalities applying for participation in an established
community college. No petition may be approved unless it is
accompanied by the consent of the governing bodies of the
majority of the members of the local sponsor of the established
community college to the participation of the petitioning school
district or municipality.
(b) In determining such policies, standards, rules and
regulations, the State Board of Education may consider relevant

all minimum requirements established by statute or by regulation

with respect to the State colleges and universities of the
Commonwealth and may consider relevant such minimum requirements
established by statute or by regulation with respect to
secondary and special education programs in the school district
or districts of the area to be served by the community college.
(c) In approving or disapproving such plans, the State Board
of Education shall consider the needs of areas adjacent to the
areas to be served by the community college and of the State
with respect to higher education and long range plans therefor
established by the State Board of Education. Other school
districts and municipalities may petition the State Board of
Education to become a part of a local sponsor as hereafter in
this act provided.
(d) No plan for the establishment of a community college
shall be approved unless the State Board of Education determines
that the local sponsor has a population of a sufficient number
to assure a sustained minimum enrollment, has sufficient wealth
to financially support such college and is not adequately served
by established institutions of higher learning. No plan for the
establishment of a community college shall be approved unless
it contains an estimate of operating cost for administration,
instruction, operation and maintenance and such other accounts
as the State Board of Education may, from time to time,
determine. No plan for the establishment of a community college
shall be approved unless it contains an estimate of any proposed
capital improvements for the next following ten years.
(e) To confer with and obtain the approval of the Governor's
Office as to the number of community colleges which can be
approved for participation during the ensuing fiscal period.
(f) Wherever in this act the approval of the State Board
of Education is required in any matter, the State Board of
Education may require the Department of Education to make and
report its findings and recommendations on such matter to the
Council of Higher Education for the formulation of policies,
standards, rules and regulations for consideration by the State
Board of Education.
(1902-A added July 1, 1985, P.L.103, No.31)
Section 1903-A. Plans and Procedures for Establishing.--(a)
A proposed community college plan shall be submitted by the
local sponsor in such form and containing such information as
the State Board of Education may require. The plan shall
designate the name of the proposed community college which shall
be the "Community College of ............................." or
"................................... Technical Institute,"
stating the name of the local sponsor or area of such community
college. If there are two or more members of the local sponsor,
the plan shall include provisions allocating financial
responsibility for the community college among the members of
the local sponsor subject to the policies, standards, rules and
regulations of the State Board of Education.
(b) The community college plan, when submitted by the local
sponsor, shall first be approved by the governing body of each
member of the local sponsor and shall be submitted by them
jointly in all counties. School directors from school districts
of the second, third and fourth class located in two or more
counties may meet in convention and approve a community college
plan for submission to the State Board of Education.
(c) Upon the approval of the plan by the State Board of
Education, the governing bodies of the local sponsor shall
appoint a board of trustees of the community college, as

hereinafter provided, and, upon such appointment, the community

college shall be considered established.
(d) A county board of school directors shall prepare a plan
for establishing a community college when required by a
convention of school directors from school districts within the
county. Such plan shall indicate the school districts to be
served by a community college. Thereafter, a convention of
school directors from school districts within the proposed area
of a community college shall be called to consider:
(1) The proposed plan.
(2) The question of authorizing the county board or county
boards to sponsor a community college.
(3) The allocation of the cost of establishing and operating
a community college.
Following such consideration, the school directors in
convention may approve a plan to establish and operate a
community college subject to the approval of the State Board
of Education and to determine the share and formula for sharing
operating expenses, capital outlay, debt service or lease
payment to be borne by the school districts. School directors
from the districts not desiring to participate in the
establishment of a community college shall not be eligible to
vote on any question placed before the convention.
Member districts shall share the cost of establishing and
operating a community college.
(1903-A added July 1, 1985, P.L.103, No.31)
Section 1904-A. Election or Appointment; Term and
Organization of Board of Trustees.--(a) The board of trustees
of a community college shall be elected by the vote of a
majority of the members of the governing body or governing
bodies of the local sponsor within sixty (60) days of the
approval of the plan by the State Board of Education, except
that the board of trustees of a community college sponsored by
a city of the second class shall be appointed by the mayor,
with approval of city council, and in cities of the first class
shall be appointed by the mayor from nomination from a
nominating panel established in accordance with municipal
ordinance.
(b) The board of trustees shall consist of no less than
seven nor more than fifteen persons appointed for terms of six
years each, except that those persons initially appointed shall
draw lots to determine which trustees shall serve for a term
of two years, which trustees shall serve for a term of four
years and which trustees shall serve for a term of six years.
Thereafter, all persons shall be appointed for terms of six
years each. A trustee may succeed himself.
(c) The board of trustees shall organize itself at such
times each year as it determines and shall choose from among
its members a chairman and vice-chairman and secretary who shall
hold such offices for one year. A majority of the members of
the board shall be a quorum. Vacancies on the board shall be
filled by the appointing authority for the unexpired terms.
Trustees shall serve without compensation, except that they
shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties.
(d) Notwithstanding the provisions of subsections (a) and
(b), the board of trustees of a community college may appoint
a trustee from each county where a campus or satellite classroom
is located for which no local sponsor exists. The trustee shall
be selected by the board of trustees of the community college.
Trustees appointed under the provisions of this subsection shall

be appointed for terms of two years. ((d) added July 4, 2004,

P.L.536, No.70)
(1904-A added July 1, 1985, P.L.103, No.31)
Section 1905-A. Powers and Duties of Board of Trustees.--(a)
The affairs of any community college established under this
act shall be administered and supervised by a board of trustees.
Subject to any law and to any policies, standards, rules and
regulations adopted by the State Board of Education provided
for community colleges, the board shall, for the purpose of
establishing, operating and maintaining a community college,
have the power, and its duty shall be:
(1) To appoint and fix the salary of a president.
(2) To hold, rent, lease, sell, purchase and improve land,
buildings, furnishings, equipment, materials, books and
supplies.
(3) To enter into contracts for services with schools,
colleges or universities, or with school districts or
municipalities, to effectuate the purposes of this act.
(4) To accept and receive gifts of real and personal
property and Federal, State and local moneys and grants, and
to expend the same.
(5) To make policies providing for the admission and
expulsion of students, the courses of instruction, the tuition
and fees to be charged and for all matters related to the
government and administration of the college.
(6) To submit to the State Board of Education for its
approval proposed amendments to the community college plan.
(7) To enter into contracts for services to high schools
of member districts to provide area vocational-technical
education services.
(8) To exercise such other powers and perform such other
duties as are necessary to carry into effect the purposes of
this act.
(b) Contracts shall be entered into and other acts shall
be done by the board of trustees of a community college in the
name of the community college. The board of trustees shall
submit an annual budget for consideration and approval by the
local sponsor. The submission of the budget by the board of
trustees shall constitute a "formal action" as defined by the
act of July 19, 1974 (P.L.486, No.175), referred to as the
Public Agency Open Meeting Law. The board of trustees shall
supervise the expenditure of appropriations made by the local
sponsor and shall conduct the business affairs of the community
college in accordance with rules, regulations and procedures
approved by the local sponsor. All property purchased by or
granted to the board of trustees of a community college shall
be held in the name of a community college on behalf of the
local sponsor of the college.
(c) Each member of a local sponsor is authorized to enter
into a written agreement with the board of trustees of the
community college for the purpose of providing operating
expenses for at least a five-year period and for capital
expenses for such term or period as is necessary for the
reduction of capital indebtedness not to exceed thirty years.
(d) In no event shall the obligation of any member of the
sponsor for the operating and capital expenses of a community
college exceed the limit of such member's authority to levy
taxes pursuant to this act or any other act of the General
Assembly or its right to incur or increase its indebtedness
under Article IX of the Constitution of Pennsylvania.
(1905-A added July 1, 1985, P.L.103, No.31)

Section 1906-A. Officers of the Community College.--(a)

The president shall be the chief executive and administrative
officer of the college and shall perform all duties which the
board of trustees may prescribe. He shall have the right to
attend all meetings of the board and to be heard on all matters
before it, but shall have no right to vote on any matter.
(b) The treasurer of the college shall give a proper bond
in such amount and with such corporate surety as is approved
by the board of trustees, which shall be filed with the board.
The account of the treasurer shall be audited annually by a
certified public accountant or other qualified public accountant
selected by the board of trustees.
(1906-A added July 1, 1985, P.L.103, No.31)
Section 1907-A. Students.--Any resident of the Commonwealth
may apply for admission to any community college established
under this act. The State Board of Education may provide for
the admission to community colleges of persons who are not
residents of the Commonwealth, but no college shall admit such
persons unless the admission is in accordance with the policies,
standards, rules and regulations of the State Board of
Education. The State Board of Education may prescribe standards
for determining the place of residence of students and
applicants for admission to community colleges.
(1907-A added July 1, 1985, P.L.103, No.31)
Section 1908-A. Tuition.--(a) The normal tuition charged
by each community college shall be an amount fixed by the board
of trustees of the community college, in accordance with
policies, standards, rules and regulations of the State Board
of Education, determined by apportioning among the students
enrolled in such college not more than one-third of its annual
operating costs.
(b) A student who is not a resident in the area of the local
sponsor of the community college in which he is enrolled and
who enrolled himself in such college with the approval of the
board of trustees of the community college established in the
area in which he resides, if there be one, shall pay the normal
tuition charge of the college he attends, but the board of
trustees of the college established in his area of residence
shall pay on behalf of such student to the college in which he
is enrolled an amount equal to the amount established by the
board of trustees of the attended college as its own sponsor
share of the cost per equivalent full-time student. The
community college at which the student registers shall be
entitled to State reimbursement on behalf of that student in
the same manner as a student resident in the sponsorship area
as hereinafter provided.
(c) A student who is a resident of the Commonwealth in an
area which is not a local sponsor of a community college and
who is enrolled in a community college in accordance with the
policies, standards, rules and regulations of the State Board
of Education shall pay a tuition charge fixed by the board of
trustees of the college attended. Such tuition shall total the
amount representing the difference between total operating cost
per equivalent full-time student and the amount payable by the
State on behalf of each equivalent full-time student enrolled.
The community college enrolling such student shall be entitled
to State reimbursement as hereinafter provided.
(d) A student who is not a resident in the area of the local
sponsor of the community college in which he is enrolled and
who has enrolled himself in such college without the approval
of the board of trustees of the community college established
in the area in which he resides, if there is one, shall pay a

tuition charge which shall be equal to twice the normal tuition

charge of the community college in which he is enrolled. The
community college at which the student registers shall be
entitled to State reimbursement on behalf of that student in
the same manner as a student resident in the sponsorship area
as hereinafter provided.
(e) A student who is not a resident of the Commonwealth and
who is enrolled in a community college in accordance with the
policies, standards, rules and regulations of the State Board
of Education shall pay such tuition charge as is approved by
the Department of Education.
(1908-A added July 1, 1985, P.L.103, No.31)
Section 1909-A. Taxation.--The governing body of each school
district or municipality comprising a local sponsor may levy,
annually, taxes on subjects of taxation as prescribed by law
in such school district or municipality for the purpose of
establishing, operating and maintaining a community college.
This tax levy shall be in excess of and beyond the millage fixed
or limited by law, so long as the aggregate amount of all taxes
imposed by any local sponsor, other than a school district of
the first class or a city of the first class or county of the
first class, for the establishment, operation and maintenance
of a community college shall not exceed an amount equal to the
product obtained by multiplying the latest total market value
of the local sponsor as determined by the State Tax Equalization
Board in the case of school districts, and by the Board of
Assessment and Revision of Taxes or any other similar board
which determines market values of real estate in the case of
municipalities, by five mills. Where a county levies such a tax
for the establishment, operation and maintenance of a community
college, no such tax shall be levied upon the property in a
municipality situate in such county if the school district in
which the municipality is situate levies a tax on the property
in the municipality for the establishment, operation and
maintenance of a community college situate in a county other
than the one in which the municipality is located. The aggregate
amount of all taxes imposed by a school district of the first
class or a city of the first class or county of the first class
for the establishment, operation and maintenance of a community
college shall not exceed an amount equal to the product obtained
by multiplying the latest total market value of the school
district of the first class as determined by the State Tax
Equalization Board and by the Board of Assessment and Revision
of Taxes or any other similar board which determines market
values of real estate in the case of cities of the first class
or counties of the first class, by one mill.
(1909-A added July 1, 1985, P.L.103, No.31)
Section 1910-A. Withdrawal of Sponsorship; Dissolution of
Community College.--No school district or municipality which
is a local sponsor or a part of a local sponsor may withdraw
its sponsorship from a community college nor may any community
college be disestablished without the approval of the State
Board of Education.
(1910-A added July 1, 1985, P.L.103, No.31)
Section 1911-A. Participation in or Admission to Established
Community College.--(a) The governing body of any school
district or of any municipality desiring to have such school
district or municipality participate in an established community
college shall present a petition to the State Board of Education
in such form as the board may prescribe requesting approval to
participate in or to be admitted to the community college.

(b) Upon the approval of the State Board of Education of a

petition submitted by a governing body, such petitioning school
district or municipality shall be considered a local sponsor
of the community college and be admitted thereto.
(1911-A added July 1, 1985, P.L.103, No.31)
Section 1912-A. Degrees.--The State Board of Education shall
prescribe the types of diplomas, certificates or degrees that
may be granted students who complete post-secondary education
courses in community colleges.
(1912-A added July 1, 1985, P.L.103, No.31)
Section 1913-A. Financial Program; Reimbursement of
Payments.--(Hdg. amended June 22, 2001, P.L.530, No.35) (a)
(1) Except as otherwise provided in paragraph (2), the plan
submitted by the local sponsor shall set forth a financial
program for the operation of the community college. The plan
shall provide that the local sponsor shall appropriate or
provide to the community college an amount at least equal to
the community college's annual operating costs less the student
tuition as determined in section 1908-A(a) less the
Commonwealth's payment as determined in subsection (b)(1) of
this section. The plan shall also provide that one-half of the
annual capital expenses shall be appropriated or provided by
the local sponsor to the community college. The local sponsor's
appropriation for annual operating costs and annual capital
expenses may in part be represented by real or personal property
or services made available to the community college. The plan
shall indicate whether the appropriation shall come from general
revenues, loan funds, special tax levies or from other sources,
including student tuitions.
(2) (i) Notwithstanding the provisions of paragraph (1),
for a community college that is sponsored by one or more school
districts, has an enrollment head count in excess of 20,000 and
consists of more than four campuses that are approved by both
the Department of Education and the Middle States Association
of Colleges and Schools, the plan submitted by the local sponsor
shall set forth a financial program for the operation of the
community college and shall provide that the local sponsor shall
appropriate or provide to the community college for the
community college's annual operating costs and annual capital
expenses an amount negotiated by the governing body of the local
sponsor and the community college, provided that the amount
negotiated shall not exceed the sum of:
(A) an amount at least equal to the community college's
annual operating costs less the student tuition as determined
in section 1908-A(a) less the Commonwealth's payment as
determined in subsection (b)(1); and
(B) one-half of the annual capital expenses of the community
college.
(ii) The local sponsor's appropriation for annual operating
costs and annual capital expenses may in part be represented
by real or personal property or services made available to the
community college. The plan shall indicate whether the
appropriation shall come from general revenues, loan funds,
special tax levies or from other sources, including student
tuitions.
(iii) For purposes of this paragraph, the term "enrollment
head count" shall mean the number of students enrolled on a
full-time or part-time basis at a community college in the
immediately preceding fall semester.
((a) amended July 2, 2014, P.L.986, No.108)
(b) (1) The Commonwealth shall pay to a community college
on behalf of the sponsor on account of its operating costs

during the fiscal year from funds appropriated for that purpose
an amount equal to:
(i) for the 1993-1994 fiscal year through the 2000-2001
fiscal year, the lesser of such college's variable State share
ceiling as determined in clause (1.3) or such college's
equivalent full-time student reimbursement as determined in
clause (1.4);
(ii) for the 2001-2002 fiscal year through the 2004-2005
fiscal year, the college's equivalent full-time student
reimbursement as determined in clause (1.4);
(iii) for the 2005-2006 fiscal year, the college's payment
as determined in clause (1.5); and
(iv) for the 2006-2007 fiscal year and each fiscal year
thereafter, the college's payment as determined in clause (1.6).
((1) amended July 13, 2005, P.L.226, No.46)
(1.2) The Secretary of Education, in consultation with the
community colleges, shall promulgate standards for credit
courses and for noncredit courses that will be eligible for
Commonwealth reimbursement. The standards shall specifically
exclude from eligibility for reimbursement any course or program
in avocational or recreational pursuits. The standards shall
be promulgated by the beginning of the 1994-1995 fiscal year.
Until such standards are promulgated, no community college will
be reimbursed for any credit course which was offered by such
college as a noncredit course during the college's 1992-1993
fiscal year.
(1.3) The variable State share ceiling of a community
college shall be determined as follows:
(i) Subtract the taxable income per person of the local
sponsor from the highest taxable income per person of any county
in the Commonwealth.
(ii) Divide the amount determined under subclause (i) by
the difference between the highest taxable income per person
of any county in the Commonwealth and the lowest taxable income
per person of any county in the Commonwealth.
(iii) Multiply the quotient determined under subclause (ii)
by one-sixth.
(iv) Add one-third to the product determined under paragraph
(iii).
(v) Multiply the sum determined under subclause (iv) by the
community college's operating costs in the year for which
reimbursement is being claimed.
(vi) The taxable income per person data used in the
preceding calculation shall be data certified to the Secretary
of Education by the Secretary of Revenue under section 2501(9.1)
for school district local sponsors or data otherwise published
by the Secretary of Revenue for a municipal local sponsor.
(1.4) The equivalent full-time student reimbursement of a
community college shall be the sum of credit course, noncredit
course and stipend reimbursements. These reimbursements shall
be calculated using a reimbursement factor of one thousand and
forty dollars ($1,040) for the 1993-1994 fiscal year, of one
thousand eighty dollars ($1,080) for the 1994-1995 fiscal year
and of one thousand one hundred eighty dollars ($1,180) for the
1995-1996 fiscal year and one thousand and two hundred and ten
dollars ($1,210) for the 1996-1997 fiscal year and one thousand
two hundred sixty dollars ($1,260) for the 1997-1998 fiscal
year and the 1998-1999 fiscal year and one thousand three
hundred dollars ($1,300) for the 1999-2000 fiscal year and one
thousand four hundred dollars ($1,400) for the 2000-2001 fiscal
year and one thousand five hundred dollars ($1,500) for the

2001-2002 fiscal year and for each year thereafter and shall
be determined as follows:
(i) Credit course reimbursement shall be calculated by
multiplying the reimbursement factor by the number of equivalent
full-time students enrolled in credit courses as determined by
an audit to be made in a manner prescribed by the State Board
of Education.
(ii) Noncredit course reimbursement shall be calculated as
follows:
(A) eighty percent (80%) of the reimbursement factor
multiplied by the number of equivalent full-time students
enrolled in eligible noncredit courses for the 1993-1994 fiscal
year, as determined by the audit referred to in paragraph (i);
(B) seventy percent (70%) of the reimbursement factor
multiplied by the number of equivalent full-time students
enrolled in eligible noncredit courses for the 1994-1995 fiscal
year and for each year thereafter, as determined by the audit
referred to in paragraph (i); or
(C) one hundred percent (100%) of the reimbursement factor
multiplied by the number of equivalent full-time students
enrolled in eligible noncredit public safety courses that
provide training for volunteer firefighters and emergency
medical services for the 1995-1996 fiscal year and for each
year thereafter, as determined by the audit referred to in
paragraph (i).
(iii) Stipend reimbursement on account of a community
college's operating costs for all equivalent full-time students
enrolled in the following categories of two-year or less than
two-year occupational or technical programs, shall be the sum
of the following:
(A) One thousand one hundred dollars ($1,100) per full-time
equivalent student enrolled in advanced technology programs.
For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
reimbursement rate shall be calculated at one thousand one
hundred seventy-five dollars ($1,175) per full-time equivalent
student enrolled in advanced technology programs. For the fiscal
year 1998-1999 and each year thereafter, the reimbursement rate
shall be calculated at one thousand four hundred sixty dollars
($1,460) per full-time equivalent student enrolled in advanced
technology programs. Advanced technology programs are programs
using new or advanced technologies which hold promise for
creating new job opportunities, including such fields as
robotics, biotechnology, specialized materials and engineering
and engineering-related programs.
(B) One thousand dollars ($1,000) per full-time equivalent
student enrolled in programs designated as Statewide programs.
For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
reimbursement rate shall be calculated at one thousand
seventy-five dollars ($1,075) per full-time equivalent student
enrolled in programs designated as Statewide programs. For the
fiscal year 1998-1999 and each year thereafter, the
reimbursement rate shall be calculated at one thousand three
hundred sixty dollars ($1,360) per full-time equivalent student
enrolled in programs designated as Statewide programs. A
Statewide program is a program which meets one or more of the
following criteria:
(I) Program enrollment from out-of-sponsor area is twenty
per cent or more of the enrollment for the program.
(II) A consortial arrangement exists with another community
college to cooperatively operate a program or share regions in
order to avoid unnecessary program duplication.

(C) Five hundred dollars ($500) per full-time equivalent

student enrolled in other occupational or technical programs.
For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
reimbursement rate shall be calculated at five hundred
seventy-five dollars ($575) per full-time equivalent student
enrolled in other occupational or technical programs. For the
fiscal year 1998-1999 and each year thereafter, the
reimbursement rate shall be calculated at eight hundred sixty
dollars ($860) per full-time equivalent student enrolled in
other occupational or technical programs.
((1.4) amended June 22, 2001, P.L.530, No.35)
(1.5) For the 2005-2006 fiscal year, the payment for a
community college shall consist of the following:
(i) Each community college shall receive reimbursement for
operating costs equal to the reimbursement for the 2004-2005
fiscal year as determined under clause (1.4)(i) and (ii). This
amount shall be determined based upon the midyear rebudget
submitted by a community college in February 2005.
(ii) Each community college shall receive an economic
development stipend as calculated under clause (1.7).
(iii) Each community college shall receive a base supplement
determined by:
(A) subtracting the total amount of funds determined under
subclauses (i) and (ii) from the State appropriation for payment
of approved operating expenses of community colleges for the
2005-2006 fiscal year;
(B) dividing the payment under subclauses (i) and (ii) by
the sum of the amounts determined for all community colleges
under subclauses (i) and (ii); and
(C) multiplying the quotient from subparagraph (B) by an
amount equal to seventy-five percent (75%) of the amount
determined under paragraph (A).
(iv) Each community college with a 2003-2004 equivalent
full-time enrollment in credit, noncredit and workforce
development courses greater than its 2002-2003 equivalent
full-time enrollment in credit, noncredit and workforce
development courses shall receive a growth supplement amount
determined by:
(A) subtracting its 2002-2003 equivalent full-time
enrollment in credit, noncredit and workforce development
courses from its 2003-2004 equivalent full-time enrollment in
credit, noncredit and workforce development courses;
(B) dividing the difference from paragraph (A) by the sum
of the differences from paragraph (A) for all community
colleges; and
(C) multiplying the quotient from paragraph (B) by an amount
equal to twenty-five percent (25%) of the amount determined
under subclause (iii)(A).
Calculations under this subclause shall be based upon the final
claim forms submitted by a community college for the 2002-2003
and 2003-2004 fiscal years.
((1.5) added July 13, 2005, P.L.226, No.46)
(1.6) For the 2006-2007 fiscal year and each fiscal year
thereafter, the payment for a community college shall consist
of the following:
(i) Each community college shall receive an amount equal
to the reimbursement for operating costs, base supplement and
growth supplement amounts it received in the immediately
preceding fiscal year.
(ii) Each community college shall receive an economic
development stipend as calculated under clause (1.7). The amount
available for economic development stipends shall increase each

year by the percent increase in the State appropriation for

payment of approved operating expenses of community colleges
and may include any other private or public funds appropriated
or otherwise made available to the Department of Education for
that purpose.
(iii) Each community college shall receive a base supplement
determined by:
(A) subtracting the total amount of funds determined under
subclauses (i) and (ii) from the State appropriation for payment
of approved operating expenses of community colleges;
(B) dividing the payment under subclause (i) by the sum of
the amounts determined for all community colleges under
subclause (i); and
(C) multiplying the quotient from paragraph (B) by an amount
equal to seventy-five percent (75%) of the amount determined
under paragraph (A).
(iv) Each community college with an equivalent full-time
enrollment in credit, noncredit and workforce development
courses for the year prior to the immediately preceding year
greater than its equivalent full-time enrollment in credit,
noncredit and workforce development courses for the second year
prior to the immediately preceding year shall receive a growth
supplement amount determined by:
(A) subtracting its equivalent full-time enrollment in
credit, noncredit and workforce development courses for the
second year prior to the immediately preceding year from its
equivalent full-time enrollment in credit, noncredit and
workforce development courses for the year prior to the
immediately preceding year;
(B) dividing the difference from paragraph (A) by the sum
of the differences from paragraph (A) for all community
colleges; and
(C) multiplying the amount from paragraph (B) by an amount
equal to twenty-five percent (25%) of the amount determined
under subclause (iii)(A).
Secondary senior high school students enrolled in
credit-bearing, nonremedial college courses shall be included
in the calculation under paragraph (A). Calculations under this
subclause shall be based upon the audited financial statements
submitted by a community college pursuant to subsection (k.1).
(v) Subclauses (i), (ii), (iii) and (iv) shall not apply
to the 2011-2012, 2012-2013 and 2013-2014 fiscal years. ((v)
amended July 9, 2013, P.L.408, No.59)
(vi) For the 2011-2012 fiscal year, each community college
shall receive an amount equal to the sum of the following:
(A) A reimbursement for operating costs determined by:
(I) dividing the amount of funding that the community
college received in fiscal year 2010-2011 under section
1722-L(a)(7) of the act of April 9, 1929 (P.L.343, No.176),
known as "The Fiscal Code," by the total amount of funding
provided to all community colleges in fiscal year 2010-2011
under section 1722-L(a)(7) of "The Fiscal Code"; and
(II) multiplying the quotient under subparagraph (I) by
$168,167,000.
(B) An economic development stipend determined by:
(I) dividing the amount of funding that the community
college received in fiscal year 2010-2011 under section
1722-L(a)(7) of "The Fiscal Code," by the total amount of
funding provided to all community colleges in fiscal year
2010-2011 under section 1722-L(a)(7) of "The Fiscal Code"; and
(II) multiplying the quotient under subparagraph (I) by
$44,000,000.

(vii) For the 2012-2013 fiscal year, each community college

shall receive an amount equal to the sum of the following:
(A) A reimbursement for operating costs determined by:
(I) dividing the amount of funding that the community
college received in fiscal year 2011-2012 under subclause
(vi)(A) by the total amount of funding provided to community
colleges in fiscal year 2011-2012 under subclause (vi)(A); and
(II) multiplying the quotient under subparagraph (I) by
$168,167,000.
(B) An economic development stipend determined by:
(I) dividing the amount of funding that the community
college received in fiscal year 2011-2012 under subclause
(vi)(B) by the total amount of funding provided to all community
colleges in fiscal year 2011-2012 under subclause (vi)(B); and
(II) multiplying the quotient under subparagraph (I) by
$44,000,000.
((vii) added June 30, 2012, P.L.684, No.82)
(viii) For the 2013-2014 fiscal year, each community college
shall receive an amount equal to the sum of the following:
(A) A reimbursement for operating costs determined by:
(I) dividing the amount of the funding that the community
college received in fiscal year 2012-2013 under subclause
(vii)(A) by the total amount of funding provided to community
colleges in fiscal year 2012-2013 under subclause (vii)(A); and
(II) multiplying the quotient under subparagraph (I) by one
hundred sixty-eight million one hundred sixty-seven thousand
dollars ($168,167,000).
(B) An economic development stipend determined by:
(I) dividing the amount of funding that the community
college received in fiscal year 2012-2013 under subclause
(vii)(B) by the total amount of funding provided to all
community colleges in fiscal year 2012-2013 under subclause
(vii)(B); and
(II) multiplying the quotient under subparagraph (I) by
forty-four million dollars ($44,000,000).
((viii) added July 9, 2013, P.L.408, No.59)
((1.6) amended June 30, 2011, P.L.112, No.24)
(1.7) The payment for a community college shall include an
economic development stipend which shall consist of the
following:
(i) For the 2005-2006 fiscal year, each community college
shall receive an amount equal to the reimbursement for the
2004-2005 fiscal year as determined under clause (1.4)(iii) and
under section 1501 of the act of December 18, 2001 (P.L.949,
No.114), known as the "Workforce Development Act." This amount
shall be determined based upon the midyear rebudget submitted
by a community college in February 2005.
(ii) For the 2006-2007 fiscal year and each fiscal year
thereafter, each community college shall receive, subject to
the provisions of subclause (iii), an amount determined by:
(A) Adding the following:
(I) the number of full-time equivalent students enrolled
in high-priority and high-instructional-cost occupation programs
at the community college multiplied by 1.50;
(II) the number of full-time equivalent students enrolled
in high-priority occupation programs at the community college
multiplied by 1.25; and
(III) the number of full-time equivalent students enrolled
in noncredit workforce development courses at the community
college.
(B) Dividing the total from paragraph (A) by the sum of the
totals from paragraph (A) for all community colleges.

(C) Multiplying the amount from paragraph (B) by the amount

allocated for the economic development stipend pursuant to
clause (1.6)(ii).
(D) Applying the following:
(I) For the 2006-2007 fiscal year, for the first, second
and third quarter payments made in the 2007-2008 fiscal year,
and for the first and second quarter payments made in the
2008-2009 fiscal year and each fiscal year thereafter, the
number of full-time equivalent students shall be determined
based upon the final midyear rebudget submitted by a community
college for the prior fiscal year. Such rebudget shall be
submitted, as required by the Department of Education, no later
than May 31, 2006, and May 31 of each year thereafter.
(II) For the 2007-2008 fiscal year, the Department of
Education shall provide the fourth quarter payment to each
community college under this subclause based upon the number
of full-time equivalent students enrolled in high-priority and
high-instructional-cost occupation programs, high-priority
occupation programs and noncredit workforce development courses
for the 2006-2007 fiscal year, as verified in the audited
financial statement required under subsection (k.1).
(III) For the 2008-2009 fiscal year and each fiscal year
thereafter, the Department of Education shall provide the third
and fourth quarter payments to each community college under
this subclause based upon the number of full-time equivalent
students enrolled in high-priority and high-instructional-cost
occupation programs, high-priority occupation programs and
noncredit workforce development courses for the immediately
preceding fiscal year, as verified in the audited financial
statement required under subsection (k.1).
(iii) For the 2006-2007 and 2007-2008 fiscal years, the
following shall apply:
(A) Full-time equivalent students enrolled in stipend
advanced technology programs shall be counted as full-time
equivalent students enrolled in high-priority and
high-instructional-cost occupation programs for the purpose of
the calculation in subclause (ii).
(B) Full-time equivalent students enrolled in stipend
Statewide programs shall be counted as full-time equivalent
students enrolled in high-priority occupation programs for the
purpose of the calculation in subclause (ii).
(C) Full-time equivalent students enrolled in other stipend
occupational programs and workforce development courses shall
be counted as full-time equivalent students enrolled in
noncredit workforce development courses for the purpose of the
calculation in subclause (ii).
(D) For reimbursement for any semester that begins on or
after January 1, 2006, this subclause shall only apply for
students who were enrolled in such programs during the fall
2005 semester.
((1.7) amended July 9, 2008, P.L.846, No.61)
(1.8) (i) The Department of Education shall annually
approve high-priority and high-instructional-cost occupation
programs, high-priority occupation programs and noncredit
workforce development courses.
(ii) In order to qualify as a high-priority and
high-instructional-cost occupation program, the program must:
(A) Provide training:
(I) in a high-priority occupation as defined by the Center
for Workforce Information and Analysis within the Department
of Labor and Industry; or

(II) in an occupation designed to meet regional workforce

needs as documented through collaboration with one or more
employers.
(B) Bear an instructional cost to the community college,
per full-time-equivalent student, of at least one hundred thirty
percent (130%) of the average cost per full-time-equivalent
student enrolled in the community college's credit courses.
Instructional costs shall be defined by the Department of
Education and may include personnel, equipment, curricula and
other costs necessary for the program.
(iii) In order to qualify as a high-priority occupation
program or a noncredit workforce development course, the
high-priority occupation program or noncredit workforce
development course must:
(A) provide training in a high-priority occupation as
defined by the Center for Workforce Information and Analysis
within the Department of Labor and Industry; or
(B) provide training in an occupation designed to meet
regional workforce needs as documented through collaboration
with one or more employers.
(iv) In order to qualify under subclause (ii)(A)(II) or
(iii)(B), the community college shall submit an application to
the Department of Education. The application shall contain:
(A) Evidence of collaboration with one or more employers.
(B) Information as to the nature of the proposed program.
(C) Evidence as to how the program will increase workforce
opportunities for participants.
(v) The Department of Education shall:
(A) Determine the form and manner by which applications are
to be submitted under subclause (iv).
(B) Approve or reject applications received pursuant to
subclause (iv) within twenty (20) days of receipt of a completed
application; otherwise, such applications will be deemed
approved.
(C) Annually publish guidelines listing criteria and
establishing the approval process for programs and courses under
this clause.
((1.8) added July 13, 2005, P.L.226, No.46)
(2) For the 1993-1994 fiscal year, each community college
shall be reimbursed under clause (1) in an amount which is at
least equal to a one percent (1%) increase over its 1992-1993
operating cost and stipend reimbursement. In no case shall a
community college's 1993-1994 reimbursement under clause (1)
per full-time equivalent student, insofar as said reimbursement
does not include a proportionate share attributable to stipend
reimbursement under clause (1.4)(iii), exceed its 1992-1993
operating cost reimbursement per full-time equivalent student
by more than ten percent (10%).
(2.1) For the 1994-1995 fiscal year, each community college
shall be reimbursed under clause (1) in an amount which is at
least equal to a one percent (1%) increase over its 1993-1994
reimbursement under clause (1). In no case shall a community
college's 1994-1995 reimbursement under clause (1) per full-time
equivalent student, insofar as said reimbursement does not
include the proportionate share attributable to stipend
reimbursement under clause (1.4)(iii), exceed its 1993-1994
reimbursement under clause (1) per full-time equivalent student,
insofar as said reimbursement does not include the proportionate
share attributable to stipend reimbursement under clause
(1.4)(iii) by more than ten percent (10%).

(2.2) For the 1995-1996 fiscal year, each community college

shall be reimbursed under clause (1) in an amount which is at
least equal to its 1994-1995 reimbursement under clause (1).
(3) The Secretary of Education annually shall establish
criteria to be used to determine eligibility of programs for
each of the above stipend categories, shall approve programs
for funding in the following fiscal year according to these
criteria and shall submit to chairmen of the committees of
education in the House of Representatives and Senate a report
setting forth the established criteria, any programs approved
for funding under these criteria and the recipient community
colleges.
(4) Each community college shall maintain such accounting
and student attendance records on generally accepted principles
and standards as will lend themselves to satisfactory audit.
The Commonwealth shall pay to a community college on behalf of
the sponsor on account of its capital expenses an amount equal
to one-half of such college's annual capital expenses from funds
appropriated for that purpose to the extent that said capital
expenses have been approved as herein provided.
(5) For purposes of determining Commonwealth reimbursement
of operating costs, Federally funded expenditures for those
programs in which the Commonwealth participates in the cost
shall be deducted from total operating expenditures to determine
net reimbursable operating costs.
((b) amended June 7, 1993, P.L.49, No.16)
(c) (1) Capital expenses shall mean only such expenses as
are incurred with the approval of the Department of Education
for amortization of the purchase of lands; purchase,
construction or improvement of buildings for administrative and
instructional purposes, including libraries; the lease of lands
or buildings, or for rentals to an authority for the same
purpose; and, prior to July 1, 2005, for the purchase, lease
or rental of capital equipment and furniture used for
instructional or administrative purposes. Capital expenses shall
include library books and complementary audio-visual equipment
purchased during the first five years after establishment. On
or after July 1, 2005, capital expenses may include such
expenses as are incurred with the approval of the Department
of Education for the purchase, lease or rental of capital
equipment and furniture used for instructional or administrative
purposes. For the purpose of calculating the Commonwealth's
share of operating, and capital costs incurred prior to the
actual admission of students to a community college, all such
costs shall be interpreted as capital costs. No costs and
expenses incurred in the establishment, construction, operation
or maintenance of dormitories, or the equipment or furnishings
for such purposes, shall be included in capital expenses or
operating costs for purposes of Commonwealth reimbursement.
(2) The provisions of this subsection shall not prevent the
Commonwealth from reimbursing a community college for capital
expenses incurred prior to the effective date of this act. Such
reimbursement must have approval of the Secretary of Education.
(3) Notwithstanding any other provision of this act, a
community college may use a portion of its payment of approved
operating expenses for capital expenses not otherwise reimbursed
by the Department of Education.
((c) amended July 13, 2005, P.L.226, No.46)
(c.1) Notwithstanding any provision of law to the contrary,
two or more community colleges may jointly enter into a
financing arrangement through the State Public School Building
Authority for the purchase, lease or construction of capital

projects deemed necessary by the community colleges. The terms

and conditions of the financing arrangement shall be consistent
with the terms and conditions set forth in the act of July 5,
1947 (P.L.1217, No.498), known as the "State Public School
Building Authority Act." ((c.1) added July 13, 2005, P.L.226,
No.46)
(d) The State Board of Education shall adopt policies,
standards, rules and regulations for determining reimbursable
capital expenses and operating costs, and the Department of
Education shall approve such expenses and costs for the purpose
of reimbursement by the Commonwealth.
(e) The State Board of Education shall apply for, receive
and administer, subject to any applicable regulations or laws
of the Federal Government or any agency thereof, any Federal
grants, appropriations, allocations and programs to fulfill the
purpose of this act.
(f) All administrative personnel, faculty, and other
employes of the community colleges in the Commonwealth shall
be eligible for inclusion in the Public School Employees'
Retirement System of Pennsylvania, the Pennsylvania State
Employees' Retirement System, or any independent retirement
program approved by the Board of Trustees of a community
college, and the Secretary of Education.
(g) The community college in the Commonwealth shall be
eligible for participation in the act of July 5, 1947 (P.L.1217,
No.498), known as the "State Public School Building Authority
Act," and the act of May 2, 1945 (P.L.382, No.164), known as
the "Municipality Authorities Act of 1945."
(h) In all cases where the board of trustees of any
community college fails to pay or provide for the payment of
any rental or rentals due the State Public School Building
Authority or any municipality authority for any period in
accordance with the terms of any lease entered into between the
board of trustees of any community college and the State Public
School Building Authority or any municipality authority, or
fails to pay or to provide for the payment of any other
indebtedness when due, upon written notice thereof from the
State Public School Building Authority or any municipality
authority, or in such cases where an audit reveals any unpaid
indebtedness due, the Secretary of Education shall notify the
board of trustees of its obligation and shall withhold out of
any State appropriation that may be due to such community
college an amount equal to the amount of rental or rentals owing
by such board of trustees to the State Public School Building
Authority or any municipality authority, or an amount equal to
the amount of any other indebtedness owing by such board of
trustees, and shall pay over the amount or amounts so withheld
to the State Public School Building Authority or any
municipality authority or to whomsoever any other indebtedness
is due and owing.
(i) The amount payable to each community college Board of
Trustees on behalf of the sponsor shall be paid in the year in
which the costs and expenses are incurred in quarterly
installments and the Secretary of Education shall draw his
requisition quarterly upon the State Treasurer in favor of each
community college for the amount of reimbursement to which it
is entitled. Reimbursement or payment by the Commonwealth for
the operational expenses and capital equipment and the
furnishings shall be made on or before the end of the fiscal
quarters ended on September 30, December 31, March 31 and June
30 of each Commonwealth fiscal year. Reimbursements or payments
shall be made semi-annually for the Commonwealth's share of the

annual rentals to an authority or the sponsor or sinking fund

or debt-service payments and other leases upon submission of a
community college requisition in the form required by the
Commonwealth, the reimbursement or payment to be made from funds
appropriated for that purpose. Money that is appropriated under
this subsection but not expended by a community college Board
of Trustees shall not be distributed to a local sponsor. ((i)
amended Oct. 20, 1988, P.L.827, No.110)
(j) In no event shall the payments or final reimbursement
made by the department following audit exceed the appropriation
available for community colleges. ((j) added June 7, 1993,
P.L.49, No.16)
(k) For fiscal years up to and including the 2004-2005
fiscal year, audits of community colleges shall be conducted
as follows:
(1) Unless otherwise prescribed by the State Board of
Education, the Commonwealth's fiscal audits of community
colleges under this section shall be conducted in accordance
with "Government Auditing Standards," latest revision,
promulgated by the United States General Accounting Office.
Written audit reports will be produced and will be sent to the
community college by the Commissioner of Postsecondary/Higher
Education. Any cost disallowed under findings contained in the
audit report shall be considered an adjudication within the
meaning of 2 Pa.C.S. (relating to administrative law and
procedure) and regulations promulgated thereunder.
(2) The Secretary of Education is hereby specifically
authorized and shall be required to resolve audit findings
involving disallowed costs that are contested by community
colleges except for audit findings that involve mathematical
errors, violation of regulations or alleged illegal activities.
The proposed resolution of the Secretary of Education shall not
be subject to the provisions of 2 Pa.C.S. The Secretary of
Education's notice to resolve audit findings shall be sent to
the community college in writing. The Secretary of Education
may resolve the audit findings by reducing the disallowed costs
related thereto in whole or in part.
(3) The Secretary of Education's notice to resolve an audit
finding by reducing or eliminating the disallowed costs must
be made contingent upon the community college developing and
implementing a corrective action plan to address the audit
finding. The community college must submit a corrective action
plan to the Secretary of Education within 60 days after receipt
of the Secretary of Education's written notice to resolve the
audit finding. The Secretary of Education shall approve, reject
or alter the plan submitted by the community college within
thirty (30) days of submission. After the community college
receives written notice of approval or agrees in writing to the
Secretary of Education's alterations of the corrective action
plan, said plan shall be implemented and shall be binding on
the community college. Implementation of the approved or agreed
upon corrective action plan will be verified by an audit
conducted by the department no later than the end of the fiscal
year following the fiscal year during which the plan is
implemented. If no agreed upon corrective action plan is in
place within one year after the date of the Secretary of
Education's written notice to resolve audit findings or if the
agreed upon corrective action has not been implemented within
one year after the date of the Secretary of Education's written
notice to resolve the audit findings, then the Secretary of
Education is authorized to adjust payments to the community
college to collect any amounts due based upon the findings

contained in the audit report that was issued to the college

by the commissioner.
(4) The department shall deduct any amounts due the
Commonwealth as a result of audit findings that are resolved
under this subsection from any future payment due to the
community college from the Commonwealth. The Secretary of
Education is authorized to approve a payment schedule in cases
where immediate repayment of the full amount due the
Commonwealth would jeopardize the ability of the community
college to continue operations.
(5) Resolution authority provided to the Secretary of
Education in this subsection shall be limited to disallowed
cost findings relating to policy and/or administrative
practices. The resolution authority shall not be used for audit
findings in which the audited community college data and
documentation is in error, where a violation of applicable law
or regulation is found or where criminal violations are
suspected by the Commonwealth auditors and brought to the
Secretary of Education's attention in writing. Notwithstanding
the limitations of this subsection, until June 30, 1995, the
Secretary of Education is authorized to resolve audit findings
involving disallowed costs for fiscal years prior to and
including 1992-1993 when such disallowed costs result from
violation of regulations.
(6) The department, through the Secretary of Education, is
authorized to issue guidelines for the operation of the
community college educational and financial programs. The
department shall amend these guidelines on an annual basis to
reflect the department's position on issues that require
resolution under this subsection.
(7) The provisions of subsection (d) are repealed insofar
as they are inconsistent with the provisions of this subsection.
((k) amended July 13, 2005, P.L.226, No.46)
(k.1) (1) By January 1, 2007, and January 1 of each year
thereafter, a community college shall submit to the department
an audited financial statement for the immediately preceding
fiscal year. The audited financial statement shall be consistent
with the generally accepted accounting principles prescribed
by the National Association of College and University Business
Officers or its successor, by the American Institute of
Certified Public Accountants or its successor or by any other
recognized authoritative body and consistent with the financial
reporting policies and standards promulgated by Federal
Government and State government which apply to community
colleges, provided that an audited financial statement shall
not be acceptable if the audit is conducted by an employe or
member of the board of trustees of the community college or by
an organization or firm associated with any employe or member
of the board of trustees of the community college. The
Department of Education may withhold funds appropriated to
community colleges as necessary to ensure that audit reports
are submitted in the prescribed fashion.
(2) The audited financial statement required under clause
(1) shall include:
(i) results of the tests of the community college's
accounting records and other procedures that are considered
necessary to enable the independent certified public accountant
to express an opinion as to whether the community college's
financial statements are fairly presented, in all material
respects, consistent with the accounting principles set forth
in clause (1);

(ii) a schedule of operating expenses that presents all

operating expenses pertaining to the community college's
educational program; and
(iii) a verification of equivalent full-time students
enrolled in the community college in each of the following
categories: credit, noncredit and each economic development
stipend category, during the fiscal year for which the audited
financial statement is presented.
(3) The department shall review the audited financial
statement of a community college to determine whether the State
funds allocated to the community college have been expended in
accordance with the accounting principles set forth in clause
(1). The department shall have ninety (90) days from the receipt
of an audited financial statement to review the audited
financial statement and notify the community college of any
material failure to meet the requirements of this subsection.
(4) A community college that receives notice from the
department under clause (3) shall have ninety (90) days from
the receipt of such notice to submit a corrective action plan
to the department.
(5) The department shall approve, reject or alter the
corrective action plan within thirty (30) days of submission.
After the community college receives written notice of approval
of the corrective action plan or agrees in writing to the
department's alterations of the corrective action plan, the
plan shall be implemented and binding on the community college.
Implementation of the approved or agreed-upon corrective action
plan shall be verified by an audit conducted by the department
no later than the end of the fiscal year following the fiscal
year during which the plan is implemented. If no agreed-upon
corrective action plan is in place within one year after the
date of the department's written notice under clause (4) or if
the agreed-upon corrective action plan has not been implemented
within one year after the date of the department's written
notice under clause (4), then the department shall adjust
payments to the community college to collect any amounts due
based upon the findings contained in the audit report.
(6) The State Board of Education shall promulgate
final-omitted regulations pursuant to the act of June 25, 1982
(P.L.633, No.181), known as the "Regulatory Review Act," as
necessary to implement this subsection.
((k.1) added July 13, 2005, P.L.226, No.46)
(l) For the fiscal year 1992-1993, if insufficient funds
are appropriated to make Commonwealth payments pursuant to this
section, such payments shall be made on a pro rata basis. ((l)
added June 7, 1993, P.L.49, No.16)
(1913-A added July 1, 1985, P.L.103, No.31)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1913-A(b)(1.6) and (1.7), provided that Act 61
shall apply retroactively to July 1 2008.
Section 1914-A. Dissolution of Certain Community
Colleges.--(a) Notwithstanding the provisions of section
1910-A, any community college that was approved as a community
college by the State Board of Education after January 1, 1990,
may be dissolved after a determination by the Secretary of
Education that the majority of the education and training
programs operated by the college are nonacademic in nature and
upon notice of said determination to the community college.

(b) Upon the Secretary of Education's notice as described

in subsection (a), a dissolved community college shall cease
to be a public instrumentality. If the dissolved community
college desires to continue to offer degree programs, provide
specialized job training or provide professional development
training, those programs must be transferred to a corporate
successor organized as a nonprofit corporation under 15 Pa.C.S.
(relating to corporations and unincorporated associations).
(c) The corporate successor of a dissolved community college
shall continue to have the authority to grant associate degrees
and certificates in those programs in which the dissolved
community college had the authority to grant degrees during the
last complete school year of operation as a community college.
If a corporate successor desires to offer additional associate
degree programs, it must apply to the Department of Education
to obtain approval in accordance with applicable regulations.
If a corporate successor desires to offer additional
certificates, it shall apply for licensure to the State Board
of Private Licensed Schools. A corporate successor of a
dissolved community college is not authorized to award
baccalaureate degrees.
(d) All indebtedness of any community college dissolved
under this section shall be transferred to and become the
responsibility of its corporate successor. Nothing in this
section shall be construed so as to waive the obligations or
debts of any dissolved community college to any entity other
than the Commonwealth. Any indebtedness of a dissolved community
college to the Commonwealth or to the department, determined
pursuant to audits of the dissolved community college conducted
under section 1913-A(k), shall be deferred for one fiscal year
subsequent to dissolution. Thereafter the amount and terms of
repayment of the indebtedness to the Commonwealth shall be
determined by the Secretary of the Budget.
(e) Any Workforce Development Challenge Grant awarded to a
dissolved community college prior to dissolution shall be
transferred to and become an asset of its corporate successor.
(f) The Commonwealth shall retain the right to have access
to and the authority to review financial records of any
community college dissolved under this section, including
records created up through dissolution until such time as all
information required to be reviewed under section 1913-A(k) has
been reviewed and any indebtedness owed to the Commonwealth has
been repaid. Any audits prepared as a result of the review
conducted under this section must be completed and issued to
the corporate successor of a dissolved community college within
one year of dissolution.
(1914-A added June 22, 2001, P.L.530, No.35)
Section 1915-A. Work Force Development Courses.--No later
than January 1, 2002, the Department of Education shall, in
consultation with the community colleges and the State Workforce
Investment Board, establish criteria to identify noncredit
courses which emphasize work force development and for which
additional reimbursement may be required above the current
noncredit reimbursement factor. The department shall also
provide an estimate of the number of equivalent full-time
students enrolled in noncredit courses which emphasize work
force development had these criteria been in effect in the
2000-2001 fiscal year. This information shall be furnished to
the chairman and minority chairman of the Appropriations and
Education Committees of the Senate and the chairman and minority
chairman of the Appropriations and Education Committees of the
House of Representatives.

(1915-A added June 22, 2001, P.L.530, No.35)

Section 1916-A. Community College Nonmandated Capital
Restricted Account.--(a) There is hereby established the
Community College Nonmandated Capital Restricted Account for
the purpose of making payments to community colleges for certain
nonmandated capital projects.
(b) The sources of the restricted account may include:
(1) With the approval of the Secretary of the Budget, in
consultation with the Secretary of Education, reimbursements
repaid by community colleges to the Commonwealth pursuant to
audits under section 1913-A and regulations under that section.
(2) Appropriations.
(3) Earnings on money in the restricted account.
(c) The restricted account shall be used for nonmandated
capital projects in community colleges. The Department of
Education shall develop guidelines for disbursement in
consultation with community colleges.
(d) The money in the restricted account is hereby
appropriated to the department on a continuing basis for the
purposes identified in this section.
(1916-A added July 4, 2004, P.L.536, No.70)
Section 1917-A. Community College Capital Fund.--(a) The
Community College Capital Fund is hereby established as a
separate fund in the State Treasury for the purpose of making
payments to community colleges for capital expenses approved
under section 1913-A(b)(4). The moneys of the fund are hereby
appropriated to the Department of Education to carry out the
provisions of this section.
(b) The Community College Capital Fund shall consist of all
funds appropriated and allocated during the 2005-2006 fiscal
year and each fiscal year thereafter for capital expenses
approved for payment by the Department of Education under
section 1913-A(b)(4).
(c) At the end of each fiscal year, any unencumbered funds
shall not lapse to the General Fund and shall be available for
payment of any capital expenses approved under section
1913-A(b)(4) in any subsequent fiscal year.
(d) Payments for capital expenses approved under section
1913-A(b)(4) shall be limited to the total amount of funds
included in the Community College Capital Fund.
(1917-A added July 13, 2005, P.L.226, No.46)
Section 1918-A. Annual Report.--(a) No later than January
1, 2006, the Department of Education shall, in consultation
with the community colleges, complete development of a format
for collecting uniform data relative to the operations of
community colleges. The data shall be used in making an annual
report to the Governor and the chairmen and minority chairmen
of the Appropriations and Education Committees of the Senate
and the chairmen and minority chairmen of the Appropriations
and Education Committees of the House of Representatives. The
report and the data shall be made available to the Governor and
the committees via electronic transmission. The report shall
cover the immediately preceding academic year and shall include,
but not be limited to:
(1) Demographic and program data, including information on
full-time and part-time faculty and student enrollments, in
total and within curricular areas, dual enrollment
participation, credit hours taught by faculty, distance learning
courses offered, articulation agreements with higher education
institutions, numbers and courses with fewer than twenty (20)
students and numbers and courses with more than fifty (50)
students.

(2) Student progress and achievement measures, including

retention rates, first-time, full-time graduation rates after
two, three and four years, passing rates on certification and
licensure examinations, number of students employed within one
year of program completion and placement into additional
education or employment in the student's field of study.
(3) Economic and workforce development measures, including
employer satisfaction, customized job training offerings,
employment status and numbers of businesses and organizations
served.
(b) Where available, data shall be disaggregated by
categories, including gender, race and age.
(c) The Department of Education, in consultation with the
community colleges, shall annually review the uniform data
collection format and make any revisions deemed necessary.
(d) Reports required under this section shall be submitted
prior to September 1, 2006, and September 1 of each year
thereafter.
(1918-A added July 13, 2005, P.L.226, No.46)
ARTICLE XIX-B.
THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
(Hdg. amended Dec. 9, 2002, P.L.1472, No.187)
Section 1901-B. Short Title.--This article shall be known
and may be cited as the "Thaddeus Stevens College of Technology
Act."
(1901-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1902-B. Legislative Intent.--It is the intent of
the General Assembly to provide for the continued existence,
operation and administration of the Thaddeus Stevens College
of Technology.
(1902-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1903-B. Authorization to Continue Operations.--The
institution known as the Thaddeus Stevens College of Technology,
established and operated pursuant to the repealed provisions
of the act of May 11, 1905 (P.L.518, No.429), is hereby
authorized to continue operations and to receive any State funds
or aid to which it may be entitled. All lawful actions and
expenditures made by said institution between October 4, 1978,
and the effective date of this act are hereby ratified and
approved by the General Assembly. All powers, rights,
privileges, duties and obligations, statutory, contractual or
otherwise, of Thaddeus Stevens College of Technology or its
predecessors and its board of trustees and officers, heretofore
existing and not otherwise changed or repealed by this act,
shall continue in full force and effect.
(1903-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State

School of Technology, referred to in this section, shall

be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1903.1-B. Appropriations.--Appropriations for the
operation of the Thaddeus Stevens College of Technology shall
have preferred status and be considered ordinary expenses of
State government.
(1903.1-B added Dec. 9, 2002, P.L.1472, No.187)
Section 1904-B. School Purposes.--(a) The Thaddeus Stevens
College of Technology, located in Lancaster, Pennsylvania, shall
continue to provide for the postsecondary education and training
of indigent orphans.
(b) If a sufficient number of indigent orphans qualified
for admission pursuant to school standards fail to apply, then
the board of trustees of the college may admit first other
deserving persons and, thereafter, orphans who may not be
indigent, as the trustees in their best judgment may think
proper.
(c) Those shall be deemed orphans who have lost either
parent.
(1904-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in subsec. (a), shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1905-B. School Buildings.--The buildings shall be
separated and shall embrace one or more schoolhouses, and one
or more workshops, and an isolating hospital, all on such scale
as will create an institution accommodating not less than two
hundred persons, planned and located for easy and natural
additions, as the needs of the institution may demand.
(1905-B added Dec. 19, 1990, P.L.1362, No.211)
Section 1906-B. Board of Trustees.--The board of trustees
shall consist of nine members, who shall serve without
compensation and be appointed by the Governor by and with the
advice and consent of the Senate. Said trustees shall be a body
politic and corporate constituting a public corporation with
the name of the Thaddeus Stevens College of Technology. Of the
trustees first appointed, three shall serve for one year, three
for two years and three for three years, and, at the expiration
of the respective periods, the vacancies shall be filled by the
Governor, by appointment, for six years, as hereinbefore
provided; and, should any vacancy occur by death or resignation
or otherwise of any trustee, such vacancy shall be filled, by
appointment as aforesaid, for the unexpired term of said
trustee. The Secretary of Education shall be ex officio member
of the board of trustees.
(1906-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1906.1-B. Powers and Duties of the Board of
Trustees.--(a) The board of trustees shall direct and control
the property, personnel and management of the college, develop
broad policy and make all necessary bylaws and regulations not
inconsistent with either the provisions of the Constitution,

laws of the Commonwealth or rules and regulations of the State

Board of Education.
(b) The board of trustees shall elect a president, set the
salary and delineate the duties and responsibilities of the
president.
(c) The board of trustees shall coordinate, review and
approve the annual capital budget requirements of the college
and the annual operating budget of the college. It shall present
these annual budgets with comments to the Secretary of Education
for presentation to the State Board of Education. The State
Board of Education shall return such budget requests,
recommending approval or disapproval, with comments, if any,
to the Secretary of Education prior to their submission to the
Secretary of the Budget. The board of trustees may also submit
its budget recommendations and findings to the General Assembly
subsequent to the submission of the Governor's budget to the
General Assembly.
(d) The board of trustees shall have the authority to
determine the complement and to manage all personnel matters
for the college. The board of trustees shall be exempt from all
provisions of the act of April 9, 1929 (P.L.177, No.175), known
as "The Administrative Code of 1929," and the act of April 9,
1929 (P.L.343, No.176), known as "The Fiscal Code," requiring
the approval or decision of any executive agency with respect
to complement control and personnel administration for the
college.
(e) Subsequent to the enactment of the General Appropriation
Act for each applicable fiscal year by the General Assembly,
the board of trustees shall have the authority to rebudget and
reallocate the budgeted funds appropriated to the college at
its discretion without the necessity of further approval or
direction by any executive agency. The board of trustees shall
be exempt from all provisions of "The Administrative Code of
1929" and "The Fiscal Code" requiring the approval or decision
of any executive agency with respect to the rebudget and
reallocation of budgeted funds to the college.
(f) The board of trustees shall be responsible for the
proper expenditure, investment and disposition of all funds,
both appropriated and unappropriated, necessary for the
operation of the college.
(g) The board of trustees shall be responsible for the
appointment of the comptroller of the college, who shall not
be subject to appointment by the Governor.
(h) Subsequent to the enactment of the General Appropriation
Act for each applicable fiscal year by the General Assembly but
not earlier than July 1 of each fiscal year, the State Treasurer
shall make available to the board of trustees the amount of
funds appropriated to the college for that fiscal year.
(i) The board of trustees shall cooperate with and accept
grants and assistance from Federal and State agencies, local
governments or other political subdivisions, foundations,
corporations or any other source for any of the lawful purposes
of the college. All moneys received from sources authorized by
this section are hereby appropriated to the Thaddeus Stevens
College of Technology.
(j) The board of trustees shall have no power at any time
or in any manner to pledge the credit or taxing power of the
Commonwealth of Pennsylvania, nor shall any of its obligations
or debts be deemed to be obligations of the Commonwealth of
Pennsylvania, nor shall the Commonwealth of Pennsylvania be
liable for the payment of principal or interest on such
obligations.

(k) The board of trustees shall have the authority to cause

an independent audit of the finances of the college.
(1906.1-B added Dec. 9, 2002, P.L.1472, No.187)
Section 1907-B. President of School.--The chief
administrator and academic officer of the Thaddeus Stevens
College of Technology shall be the president whose duties shall
be defined by the board of trustees.
(1907-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1908-B. Individuals Eligible for Admission.--(a)
The board of trustees shall provide a program of education
hereinafter defined for those persons admitted to the
institution pursuant to section 1904-B. In considering such
admission, no preference shall be shown on account of race,
color, sex, marital status, ethnic group or religion.
(b) The course of instruction shall be the equivalent level
of a two-year postsecondary institution which shall include
vocational-technical education of no more than two years leading
to the awarding of certificates or associate degrees, when
approved by the Secretary of Education in accordance with rules
and regulations established by the State Board for this level
of education, for the purpose of fitting pupils to pursue
effectively a recognized profitable employment.
(1908-B added Dec. 19, 1990, P.L.1362, No.211)
Section 1909-B. Tuition Students.--In addition to
State-supported resident students as defined in section 1904-B,
the board of trustees may admit for study at the school
part-time or full-time tuition students and shall fix and charge
tuition rates for such students. All money collected as tuition
by the college shall be deposited into an account held by the
college and expended at the discretion of a majority of the
board of trustees.
(1909-B amended Dec. 9, 2002, P.L.1472, No.187)
Section 1910-B. Rights of Faculty and Staff.--(a) Except
as otherwise provided by law, faculty employed in the Thaddeus
Stevens College of Technology shall continue to enjoy the same
rights and privileges as provided on June 30, 1990. Nothing
contained herein shall supersede or preempt any provisions of
a collective bargaining agreement negotiated between the
Commonwealth and an exclusive representative of the employes
in accordance with the act of July 23, 1970 (P.L.563, No.195),
known as the "Public Employe Relations Act." New collective
bargaining agreements with professional and noninstructional
faculty and staff shall be negotiated jointly by the
Commonwealth and the board of trustees. In no event shall the
faculty be considered to be in the classified service, as
defined by the act of August 5, 1941 (P.L.752, No.286), known
as the "Civil Service Act."
(b) All staff hired by the Thaddeus Stevens College of
Technology after the effective date of this subsection shall
be excluded from classified service, as defined by the "Civil
Service Act."
(c) Nothing contained herein shall in any manner change or
affect the status of:
(i) the faculty and staff of the Thaddeus Stevens College
of Technology as employes of the Commonwealth, including, but
not limited to, all benefits received as Commonwealth employes,

including retirement benefits provided for under 24 Pa.C.S. Pt.

IV (relating to retirement for school employees) or 24 Pa.C.S.
8301 (relating to mandatory and optional membership) or 71
Pa.C.S. Pt. XXV (relating to retirement for State employees and
officers) or 71 Pa.C.S. 5301 (relating to mandatory and
optional membership) or the right of eligible employes to
participate or to elect participation in the Teachers Insurance
and Annuity Association of America - College Retirement Equities
Fund (TIAA-CREF) retirement plan; or
(ii) the exclusive bargaining representatives, which are
representing faculty or staff, pursuant to the provisions of
the act of July 23, 1970 (P.L.563, No.195), known as the "Public
Employe Relations Act."
(1910-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1911-B. Visitation Privileges.--The Governor,
Secretary of Education, judges of the several courts of the
Commonwealth and Senators and Representatives of the General
Assembly shall be ex officio visitors of said college, and it
shall be subject to inspection by the Department of Education.
(1911-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1912-B. Prior References.--Whenever, in any law,
reference is made to the Thaddeus Stevens Industrial and Reform
School of Pennsylvania, the Thaddeus Stevens Trade School or
the Thaddeus Stevens State School of Technology, it shall be
deemed to refer to and include the Thaddeus Stevens College of
Technology.
(1912-B amended Dec. 9 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1913-B. Acquisition and Disposition of Property.-(a) The Thaddeus Stevens College of Technology is hereby
granted and shall have and may exercise all the powers necessary
or convenient to acquire, purchase, hold, lease as lessee and
use any property, real, personal or mixed, tangible or
intangible, or any interest therein, lease as lessor any
property, real, personal or mixed, tangible or intangible,
necessary or desirable for carrying out the purposes of the
college, and to sell, transfer and dispose of any property
acquired by gift, grant, devise or bequest, whether the property
is real, personal or mixed, tangible or intangible, or any
interest therein; to take, demand, receive and possess all
moneys, real property and goods which shall be appropriated,
given or granted to for the use of the college and to apply the
same according to the will of the donors; to sell, transfer and
dispose of real property acquired by and titled to the college
upon approval by the General Assembly as provided in this

section; and by gift, purchase or devise to receive, possess,

enjoy and retain forever any and all real and personal estate
and funds, of whatsoever kind, nature or quality the same may
be, in special trust and confidence that the same, and the
profits thereof, shall be applied to and for the use and purpose
of endowing the college, and shall have power to receive
donations from any source whatever, to be exclusively devoted
to the purposes of the college or according to the terms of
donation: Provided, however, That the college shall have no
power at any time or in any manner to pledge the credit or
taxing power of the Commonwealth, nor shall any of its
obligations or debts be deemed to be obligations of the
Commonwealth, nor shall the Commonwealth be liable for the
payment of principal or interest on such obligations.
(b) Whenever the board of trustees deems that it is
necessary or desirable to sell, transfer or dispose of real
property acquired or constructed in any part with funds from
the Commonwealth of Pennsylvania and titled to the college, it
shall request authorization from the General Assembly to sell,
transfer or dispose of said real property; and from time to
time, as necessary, the board of trustees shall submit to the
Chief Clerk of the House of Representatives and the Secretary
of the Senate requests to sell, transfer or dispose of real
property acquired by and titled to the college for consideration
by the General Assembly.
(c) Each request for authorization to sell, transfer or
dispose of real property transmitted to the General Assembly
shall be proposed as a resolution and shall be placed on the
calendar of each house for the next legislative day following
its receipt and shall be considered by each house within thirty
(30) calendar days of continuous session of the General
Assembly.
(d) Each request for authorization to sell, transfer or
dispose of real property shall take effect if it is approved
by a majority vote of the duly elected membership of each house
during such thirty-day period or may be disapproved by either
house during that period by a majority vote of the duly elected
membership of each house.
(e) No resolution shall be effective:
(1) unless it designates the number of the request for
authorization to sell, transfer or dispose of real property and
the date on which it was transmitted to the General Assembly;
or
(2) if it specifies more than one request for authorization
to sell, transfer or dispose of real property except as
otherwise provided by subsection (h) of this section.
(f) The effective date of each request for authorization
to sell, dispose or transfer real property shall be the date
of approval of the last of the two houses to act. Upon the
expiration of the thirty-day period after the delivery of the
request for authorization to sell, dispose or transfer real
property to the two Houses of the General Assembly and the
failure to act as provided in subsection (d) of this section,
each request for authorization to sell, dispose or transfer
real property shall become effective.
(g) For the purposes of subsection (c) of this section:
(1) Continuity of session shall be considered as broken
only by an adjournment of the General Assembly sine die.
(2) In the computation of the thirty-day period, there shall
be excluded the days on which either house is not in session
because of an adjournment of more than ten (10) days to a day
certain.

(h) Any provision of the request for authorization to sell,

dispose or transfer real property may, under provisions
contained therein, be made operative at a time later than the
date on which the request for authorization to sell, transfer
or dispose of real property otherwise takes effect.
(1913-B amended Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note. Section 14 of Act 57 of 1997 provided that
a statutory reference to the Thaddeus Stevens State
School of Technology, referred to in this section, shall
be deemed to be a reference to the Thaddeus Stevens
College of Technology.
Section 1913-B.1. Contracts for Construction, Repair,
Renovation or Maintenance.--(a) The Thaddeus Stevens College
of Technology is hereby authorized to execute and administer
contracts for construction, repair, renovation and maintenance
projects within the meaning of section 2401.1 of the act of
April 9, 1929 (P.L.177, No.175), known as "The Administrative
Code of 1929," including all aspects of project management,
design and construction and legal and administrative services
related to and necessary for the completion of such projects,
except capital projects which are funded by Commonwealth general
obligation bonds, capital appropriations or pursuant the to the
act of February 9, 1999 (P.L.1, No.1), known as the "Capital
Facilities Debt Enabling Act," unless delegated by the
Department of General Services to the college.
(b) The college shall review the work, experience and
qualifications of architects and engineers seeking contracts
from the college under this section and, on the basis of merit,
select and appoint architects and engineers for the design,
contract administration and, at the college's discretion,
inspection of a project authorized by this section. The board
of trustees shall give public notice in the manner provided by
law of projects which require the services of architects and
engineers. The board of trustees shall include, but not be
limited to, consideration of the following factors in the
selection of architects and engineers:
(1) equitable distribution of contracts among qualified
architects and engineers;
(2) capability to perform the design and construction
services for the contract being considered;
(3) geographic proximity of the architect or engineer to
the proposed facility;
(4) ability of the architect or engineer to furnish the
necessary available manpower to perform the services required
by the project; and
(5) any other related circumstances peculiar to the proposed
contract.
(c) ((c) deleted by amendment June 30, 2012, P.L.684, No.82)
(c.1) All contracts, other than contracts for the retention
of architects and engineers, authorized by this section which
exceed a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120, shall be
advertised in the manner provided by law and competitively bid
and awarded to the lowest responsible bidder. In case of
emergencies and notwithstanding any other provision of this
section to the contrary, the board of trustees may make or
authorize others to make an emergency procurement whenever a
threat exists to public health, welfare or safety or
circumstances outside the control of the college and creates
an urgency of need which does not permit the delay involved in
using more formal competitive methods. Whenever practical, in

the case of a procurement of a supply, at least two (2) bids

shall be solicited. A written determination of the basis for
the emergency and for the selection of the particular contractor
shall be included in the contract file. ((c.1) added June 30,
2012, P.L.684, No.82)
(d) The power and authority granted by this section shall
not be exercised by the college or the board of trustees for a
project to modify, repair or renovate any facility erected by
the Department of General Services unless prior written notice
setting forth the nature, scope, extent and description of such
project has been given to the Department of General Services.
(e) Nothing in this section shall be construed as amending,
repealing or otherwise modifying the provisions of the act of
May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
letting of certain contracts for the erection, construction,
and alteration of public buildings," or the act of August 15,
1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing
Wage Act."
(f) The college is authorized to transfer and convey any
easements or licenses necessitated by any construction project
which has been previously authorized by the board of trustees.
(1913-B.1 added Dec. 9, 2002, P.L.1472, No.187)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Compiler's Note: Section 5 of Act 97 of 2011, which amended
subsec. (c), provided that Act 97 shall apply to contracts
and purchases advertised on or after January 1 of the
year following the effective date of section 5.
Section 1914-B. Purchasing.--For purposes of 62 Pa.C.S.
(relating to procurement), the Thaddeus Stevens College of
Technology shall be considered a "State-affiliated entity" as
defined by 62 Pa.C.S. 103 (relating to definitions).
(1914-B added Dec. 9, 2002, P.L.1472, No.187)
Section 1915-B. Audit and Financial Reports.--The activities
of the Thaddeus Stevens College of Technology shall be subject
to the audit of the Department of the Auditor General, but the
college shall not be required to pay a fee for any such audit.
The president of the college shall make an annual report to the
Governor, the Appropriations Committee and Education Committee
of the Senate and the Appropriations Committee and Education
Committee of the House of Representatives and the State Board
of Education showing the financial condition of the college at
the end of the Commonwealth's fiscal year.
(1915-B added Dec. 9, 2002, P.L.1472, No.187)
Section 1916-B. Annual Report.--The board of trustees shall
be required to submit a report to the Governor, the
Appropriations Committee and Education Committee of the Senate
and the Appropriations Committee and Education Committee of the
House of Representatives and the State Board of Education, no
later than September 1, which shall cover the twelve-month
period beginning with the summer term of the preceding year and
shall include:
(1) The definitions and number of faculty members and staff
employed full time, the number of faculty members and staff
employed part time, the number of full-time students enrolled
and the number of part-time students enrolled.
(2) The total number of credit hours taught and the minimum
number of credit hours required for graduation.
(3) The degrees and programs offered by the institution.

(4) The total number of graduates and the total number of

graduates by degree or program.
(5) The number of terms scheduled and dates thereof.
(1916-B added Dec. 9, 2002, P.L.1472, No.187)
Section 1917-B. Definitions.--For the purposes of this
article, the following words and phrases shall have the
following meanings, respectively, except in those instances
where the context clearly indicates a different meaning:
(1) "Board of trustees" shall mean the Board of Trustees
of the Thaddeus Stevens College of Technology.
(2) "College" shall mean the Thaddeus Stevens College of
Technology.
(3) "Secretary" shall mean the Secretary of Education of
the Commonwealth of Pennsylvania or such person as the secretary
may designate to act on behalf of the secretary with regard to
any of the duties and prerogatives imposed by this act.
(4) "State board" shall mean the State Board of Education.
(1917-B added Dec. 9, 2002, P.L.1472, No.187)
ARTICLE XIX-C.
DISRUPTIVE STUDENT PROGRAMS.
(Art. added June 25, 1997, P.L.297, No.30)
Section 1901-C. Definitions.--For purposes of this article,
the following terms shall have the following meanings:
(1) "Alternative education program" or "program." Any
applicant's program applying for funds under this article, which
program is implemented by a school district, an area
vocational-technical school, a group of school districts or an
intermediate unit, which removes disruptive students from
regular school programs in order to provide those students with
a sound educational course of study and counseling designed to
modify disruptive behavior and return the students to a regular
school curriculum. Notwithstanding section 1502, alternative
education programs may operate outside the normal school day
of the applicant district, including Saturdays. School districts
and private alternative education institutions operating
pursuant to the provisions of Article XIX-E shall adopt a policy
for periodic review of those students placed in their respective
alternative education program for disruptive students. This
review shall occur, at a minimum, at the end of every semester
the student is in the program or more frequently at the
district's or private alternative education institution's
discretion. The purpose of this review is to determine whether
or not the student is ready to return to the regular school
curriculum. Programs may include services for students returning
from placements or who are on probation resulting from being
adjudicated delinquent in a proceeding under 42 Pa.C.S. Ch. 63
(relating to juvenile matters) or who have been judged to have
committed a crime under an adult criminal proceeding. ((1)
amended June 29, 2002, P.L.524, No.88)
(2) "Applicant." A school district, a combination of school
districts or a charter school that provides an alternative
education program within or to a chartering school district or
school districts as the central mission of its charter and that
applies for funds under this article. ((2) amended July 9, 2008,
P.L.846, No.61)
(3) "Community resources." Those agencies and services for
children and youth provided by the juvenile court and the
Department of Health and the Department of Public Welfare and
other public or private institutions.

(4) "Department." The Department of Education of the

Commonwealth.
(5) "Disruptive student." A student who poses a clear
threat to the safety and welfare of other students or the school
staff, who creates an unsafe school environment or whose
behavior materially interferes with the learning of other
students or disrupts the overall educational process. The
disruptive student exhibits to a marked degree any or all of
the following conditions:
(i) Disregard for school authority, including persistent
violation of school policy and rules.
(ii) Display or use of controlled substances on school
property or during school-affiliated activities.
(iii) Violent or threatening behavior on school property
or during school-affiliated activities.
(iv) Possession of a weapon on school property, as defined
under 18 Pa.C.S. 912 (relating to possession of weapon on
school property).
(v) Commission of a criminal act on school property or
during school-affiliated activities.
(vi) Misconduct that would merit suspension or expulsion
under school policy.
(vii) Habitual truancy.
No student who is eligible for special education services
pursuant to the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. 1400 et seq.) shall be deemed
a disruptive student for the purposes of this act, except as
provided for in 22 Pa. Code 14.35 (relating to discipline).
(6) "School." Any school classified by the Department of
Education as a middle school, junior high school, senior high
school or area vocational-technical school.
(7) "Secretary." The Secretary of Education of the
Commonwealth.
(1901-C added June 25, 1997, P.L.297, No.30)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1901-C(2), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1902-C. Applications.--Applicants shall submit
applications at the time, in the manner and containing or
accompanied by such information as the department may prescribe
but, in any case, shall document the following:
(1) The program is developed in consultation with the
faculty and administrative staff of the school and parents and
members of the community.
(2) That the applicants have established policies to
identify those students who are eligible for placement in the
program and that the placement of such students will comply
with the informal hearing procedures set forth in 22 Pa. Code
12.8(c) (relating to hearings). Notice of the hearing should
precede placement in the program. Where the student's presence
poses a continuing danger to persons or property or an ongoing
threat of disrupting the academic process, the student may be
immediately removed from the regular education curriculum with
notice and a hearing to follow as soon as practicable.
(3) That school personnel assigned to the alternative
education program for which funding is sought under this article
possess a Level I or Level II Pennsylvania certificate as
provided for in 22 Pa. Code Ch. 49 (relating to certification
of professional personnel).
(4) The program provides participating students with a
course of instruction which recognizes their special needs,

prepares them for successful return to a regular school

curriculum and/or completion of the requirements for graduation.
(5) The program is used only when other established methods
of discipline have been utilized and have failed unless the
seriousness of the student's behavior warrants immediate
placement.
(6) A determination of the scope, type and severity of
student disruption and a survey of community and school
resources available to the applicant for the remediation of
student disruption.
(7) A description of the educational program to be provided.
The program may modify the requirements established in sections
1327, 1501 and 1504 insofar as they are related to the number
of days or hours of instruction. The application shall describe
how the student will make normal academic progress and meet
requirements for graduation.
(8) An applicant applying for funds under this section that
contracts with a private alternative education institution under
Article XIX-E shall be exempt from the application requirements
in clauses (1), (3) and (6). ((8) added Nov. 23, 1999, P.L.529,
No.48)
(9) Where the applicant is a charter school that provides
an alternative education program within or to a chartering
school district or school districts as the central mission of
its charter, written support for the application from the
chartering school district. ((9) added July 9, 2008, P.L.846,
No.61)
(1902-C added June 25, 1997, P.L.297, No.30)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 1902-C(9), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 1903-C. Alternative Education Grants.--The
department shall establish grants for alternative education
programs which meet the requirements of this article, to include
the following:
(1) An application procedure for grant eligibility.
(2) A review process to annually evaluate the effectiveness
of alternative education programs, to include an annual report
to the Education Committee of the Senate and the Education
Committee of the House of Representatives.
(3) The department shall determine an annual grant amount
calculated by dividing the amount appropriated by the estimated
average number of students enrolled in eligible programs,
further divided by thirty-six. Each applicant shall be eligible
to receive this grant amount, per average number of pupils
enrolled, per week of participation in an eligible program.
Commonwealth grants shall be limited to funds appropriated for
this program but in no event shall a school district receive
funding for more than two per cent (2%) of a school district's
average daily membership as defined in section 2501 for students
enrolled in grades seven through twelve.
(4) The department is authorized to utilize for
administrative purposes up to one per cent (1%) of the funds
appropriated for safe and alternative schools that are not
expended, encumbered or committed. ((4) added July 11, 2006,
P.L.1092, No.114)
(1903-C added June 25, 1997, P.L.297, No.30)
Section 1904-C. Construction of Article.--Nothing contained
in this article shall be construed to supersede or preempt any
provisions of a collective bargaining agreement negotiated by
a school entity and an exclusive representative of the employees

in accordance with the act of July 23, 1970 (P.L.563, No.195),

known as the "Public Employe Relations Act."
(1904-C added June 25, 1997, P.L.297, No.30)
Section 1905-C. Retroactivity.--This article shall be
retroactive to July 1, 1996.
(1905-C added June 25, 1997, P.L.297, No.30)
Section 1906-C. Alternative Education Demonstration
Grants.--Grants to school districts from funds appropriated for
alternative education demonstration grants shall be used only
for behavioral programs and programs for disruptive students.
(1906-C added July 11, 2006, P.L.1092, No.114)
ARTICLE XIX-D.
COMMUNITY EDUCATION COUNCILS.
(Art. added Dec. 21, 1998, P.L.1194, No.154)
Section 1901-D. Definitions.--For purposes of this article:
(1) "Community education council" or "CEC." A nonprofit
educational organization, governed by a community-based board
of directors, which serves to provide access to postsecondary
education and training resources for citizens in educationally
underserved areas of this Commonwealth.
(2) "Direct cost." The cost of operation, including, but
not limited to, personnel, rent, utilities, insurance, supplies,
equipment and technology needs, staff development, marketing,
maintenance and instructional services.
(3) "Educationally underserved area." An area designated
by the Secretary of Education of the Commonwealth as an adult
education, continuing education and/or postsecondary education
shortage area using criteria which take into account special
barriers to the provision of education services.
(4) "Institutionally neutral." Having no exclusive legal
affiliation with any provider of postsecondary education or a
branch campus, branch location or outreach center of a provider
of postsecondary education. This term shall apply to all
community education councils and foundations established after
June 30, 1999.
(5) "Postsecondary education resources." The term includes,
but is not limited to, area vocational-technical schools,
degree-granting institutions of higher education accredited by
an accrediting agency recognized by the Federal Government,
institutions licensed under the act of December 15, 1986
(P.L.1585, No.174), known as the "Private Licensed Schools Act,"
professional, vocational or occupational certification or
licensure programs and educational technology.
(6) "Secretary." The Secretary of Education of the
Commonwealth.
(1901-D added Dec. 21, 1998, P.L.1194, No.154)
Section 1902-D. Powers and Duties of Secretary of
Education.--(a) For anyone submitting an application to
establish a community education council after June 30, 1998,
the secretary shall either approve or disapprove such
application prior to the council being eligible to receive State
funding. The application shall include an education plan, a
statistical assessment of the student service area and the
educational needs thereof and a demonstration of fiscal support
and stability.
(b) The secretary may revoke the approval of a council if
the council fails to meet the criteria established under this
section. The approval of a council shall remain in effect unless
revoked by the secretary.
(1902-D added Dec. 21, 1998, P.L.1194, No.154)

Section 1903-D. Powers and Duties of Community Education

Council.--(a) Community education councils shall identify,
implement and oversee new or innovative efforts to provide
access to postsecondary education opportunities in educationally
underserved communities within this Commonwealth.
(b) Postsecondary educational opportunities may include,
but are not limited to, any of the following:
(1) Programs, courses or classes leading to professional,
vocational or occupational certification or licensure, an
associate degree, a bachelor's degree or a master's degree.
(2) GED preparation.
(3) Skill development or skill enhancement for the community
work force.
(4) Customized job training for community employers.
(c) Community education councils shall also assist in the
provision of resources and serve as a vehicle for employment
opportunities which meet the community's current and future
economic development needs.
(1903-D added Dec. 21, 1998, P.L.1194, No.154)
Section 1904-D. Powers and Duties of Board of
Directors.--(a) A community education council established under
this article shall be administered and supervised by a
community-based board of directors.
(b) The board of directors shall, for purposes of operating
and maintaining a community education council, have the
following powers and duties:
(1) To hold, rent, lease, sell, purchase and improve
buildings, furnishings, equipment, materials, books and
supplies.
(2) To enter into contracts or agreements for services with
postsecondary institutions, other educational providers or local
government agencies in order to carry out the intent and
purposes of this article.
(3) To accept and receive gifts of real and personal
property.
(4) To apply for Federal, State and local funds and grants
and to expend funds obtained from these sources.
(5) To determine the needs and aspirations of potential
students and employers in the community.
(6) To make policies providing for identification of
students, programs, courses or classes to be offered and any
other matters related to administration of the community
education council.
(7) To hire employes to conduct the day-to-day operations
and carry out the policy of the board.
(8) To exercise such other powers and perform such other
duties as are necessary to effect the intent and purposes of
this article. Nothing in this act shall authorize any degree
granting.
(1904-D added Dec. 21, 1998, P.L.1194, No.154)
Section 1905-D. State Funding.--(a) Funding allocated under
this section shall be allocated from and limited to funds
appropriated for this purpose and shall only be used for direct
costs for any institution that provides courses within the
Commonwealth.
(b) Community education councils will submit projected
expenditures to the Secretary of Education for review prior to
allocation of funding. The secretary shall establish eligibility
criteria which community education councils must annually meet
in order to qualify for assistance under this article.
(c) The secretary upon consultation with approved councils
shall be responsible for the allocation and distribution of

State funding among community education councils. Priority for

financial assistance shall be given to those community education
councils and the foundations that received State assistance
during 1997-1998.
(d) Grants from funds appropriated to community education
councils in any fiscal year shall be paid in an amount no less
than and in the same manner as payments in fiscal year
2006-2007. If a community education council ceases to exist,
the funds may be distributed to the remaining community
education councils on a pro rata basis. ((d) amended July 20,
2007, P.L.278, No.45)
(e) Notwithstanding the provisions of subsection (d), for
the 2013-2014 fiscal year, funds appropriated to community
education councils shall be distributed as follows:
(1) Each community education council which received funding
in fiscal year 2012-2013 shall receive an amount equal to the
amount it received in that fiscal year and a pro rata share of
two hundred twenty-seven thousand dollars ($227,000).
(2) (Reserved).
((e) added July 9, 2013, P.L. , No.59)
(1905-D added Dec. 21, 1998, P.L.1194, No.154)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
ARTICLE XIX-E.
PRIVATE ALTERNATIVE EDUCATION INSTITUTIONS
FOR DISRUPTIVE STUDENTS.
(Art. added Nov. 23, 1999, P.L.529, No.48)
Section 1901-E. Definitions.--For purposes of this article,
the following terms shall have the following meanings:
"Private alternative education institution." An institution
operated by an individual or a for-profit or not-for-profit
entity to provide alternative education programs as defined in
section 1901-C(1).
"School entity." A school district, joint school, charter
school, area vocational-technical school, combination of school
districts or intermediate unit.
(1901-E added Nov. 23, 1999, P.L.529, No.48)
Section 1902-E. Contracts with Private Alternative Education
Institutions.-(1) A school entity may contract with a private alternative
education institution.
(2) A contract under this section shall specify the policies
established by the school entity to identify those students who
are eligible for assignment to the institution and assure that
the placement of a student will comply with the informal hearing
procedures set forth in 22 Pa. Code 12.8(c) (relating to
hearings). Notice of the hearing should precede placement in
the institution. Where the student's presence poses a continuing
danger to persons or property or an ongoing threat of disrupting
the academic process, the student may be immediately removed
from the regular education curriculum with notice and a hearing
to follow as soon as practicable.
(3) A private alternative education institution shall:
(i) Be exempt from statutory requirements established in
this act and from regulations of the State Board of Education
and standards of the Secretary of Education, except the
following: sections 111, 325, 326, 327, 431, 436, 437, 443,
518, 527, 736, 737, 738, 739, 740, 741, 753, 755, 771, 809,
810, 1112(a), 1303(a), 1317, 1317.1, 1317.2, 1327, 1332, 1361,

1366, 1501, 1513, 1517, 1518, 1546 and 1547 of this act;
Articles XIII-A and XIV of this act; 22 Pa. Code Chs. 4
(relating to academic standards and assessment), 11 (relating
to pupil attendance) and 14 (relating to special education
services and programs); the act of July 17, 1961 (P.L.776,
No.341), known as the "Pennsylvania Fair Educational
Opportunities Act"; and regulations promulgated pursuant to
this article.
(ii) Comply with all Federal and State laws and
constitutional provisions prohibiting discrimination on the
basis of disability, race, creed, color, gender, national
origin, religion or ancestry and shall provide for enrollment
and hiring in a nondiscriminatory manner.
(iii) Be nonsectarian in all operations and shall not
provide any religious instruction, nor shall it display
religious objects and symbols on the premises of the
institution.
(iv) Be subject to any additional requirements established
through regulation.
(v) Submit an application to the Department of Education
as prescribed by the Department of Education.
(4) A private alternative education institution shall submit
an annual report to the Department of Education containing
information required by the Department of Education.
(1902-E added Nov. 23, 1999, P.L.529, No.48)
Section 1903-E. Approval by Department of Education.--(a)
A private alternative education institution may not operate
in this Commonwealth unless it is approved by the Department
of Education.
(b) The Department of Education shall be responsible for
evaluating a private alternative education institution's initial
application to operate in this Commonwealth, and each private
alternative education institution operating in this Commonwealth
shall be reevaluated for approval every three years.
(c) The Department of Education may issue guidelines for
the operation of a private alternative education institution.
(1903-E added Nov. 23, 1999, P.L.529, No.48)
ARTICLE XIX-F
PENNSYLVANIA TECHNICAL COLLEGE PROGRAM
(Art. added July 20, 2007, P.L.278, No.45)
Section 1901-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Educationally underserved area." As defined in Article
XIX-D.
"Eligible applicant." Any of the following:
(1) An institution of higher education.
(2) An institution of higher education in partnership
with one or more of the following:
(i) Another institution of higher education.
(ii) An area vocational-technical school or ATVS,
as defined under 22 Pa. Code 4.3 (relating to
definitions).
(iii) A community education council as defined under
section 1901-D.
(iv) A private licensed school as the term is
defined under section 2 of the act of December 15, 1986

(P.L.1585, No.174), known as the Private Licensed Schools

Act, that is authorized to confer the degree of Associate
in Specialized Technology or Associate in Specialized
Business and is accredited by the Accrediting Commission
of Career Schools and Colleges of Technology or the
Accrediting Council for Independent Colleges and Schools.
"Institution of higher education." Any of the following:
(1) An institution of the State System of Higher
Education created under Article XX-A.
(2) A community college created under Article XIX-A.
(3) The Pennsylvania State University, the University
of Pittsburgh, Temple University, Lincoln University and
their branch campuses.
(4) An institution as the term is defined under 24
Pa.C.S. 6501(a) (relating to applicability of chapter)
that is accredited by the Middle States Commission on Higher
Education. The term does not include an institution which
is determined by the Department of Education to be a
theological seminary or school of theology or a sectarian
and denominational institution.
"Lead sponsor." An institution of higher education which
as an eligible applicant receives approval to establish a
technical college program.
"Program." The Pennsylvania Technical College Program
approved under this article.
(1901-F added July 20, 2007, P.L.278, No.45)
Section 1902-F. Pennsylvania Technical College Program.
To the extent that funds are appropriated by the General
Assembly, the department shall establish the Pennsylvania
Technical College Program as a competitive grant program to
prepare students in educationally underserved areas for
high-demand occupations that require a postsecondary certificate
or associate degree.
(1902-F added July 20, 2007, P.L.278, No.45)
Section 1903-F. Duties of department.
The department shall have the following powers and duties:
(1) Establish guidelines and standards necessary to
implement this article. Such guidelines shall include the
identification of approved fields of study and a process for
considering requests for approval of fields of study that
are not listed and that meet criteria established by the
department, eligibility requirements, designated
educationally underserved areas, a description of program
requirements and limitations and funding information.
(2) Establish the process through which eligible
applicants may apply for grant funds, including the
identification of required and allowable grant uses, the
criteria used to approve programs, annual limits on student
tuition and fees and limits on enrollment eligible for State
funding.
(3) Perform all other functions necessary to carry out
this article, including the monitoring and reporting of
approved programs and student outcomes.
(1903-F added July 20, 2007, P.L.278, No.45)
Section 1904-F. Program requirements.
Grant recipients shall do all of the following:
(1) Award, through the lead sponsor, credit-bearing
certificates and associate degrees. No other degree or
credential shall be awarded under the program. Associate
degrees awarded through the program shall be limited to one
of the following:
(i) An associate of arts degree.

(ii) An associate of sciences degree.

(iii) An associate of applied sciences degree, if
an articulation agreement exists to enable the bearer
of the associate of applied sciences degree to transfer
the degree for full credit to an institution of higher
education in pursuit of a bachelor's degree.
(2) Offer a program of study designed to be completed
in no more than two years for a full-time student or an
equivalent period for a part-time student. Each course
included in an approved program of study shall be offered
for college credit.
(3) Establish enrollment standards that include, but
are not limited to, limiting enrollment to persons who have
earned a high school diploma or equivalent and have been
residents of this Commonwealth for at least 18 months prior
to enrollment.
(4) Establish financial aid policies providing that a
student enrolled in the program shall be eligible for
publicly funded financial aid opportunities in the same
manner as students enrolled in the lead sponsor institution.
(1904-F added July 20, 2007, P.L.278, No.45)
Section 1905-F. Grant awards.
(a) General rule.--The department shall award grants to a
lead sponsor under this article to the extent that funds are
appropriated for the Pennsylvania Technical College Program by
the General Assembly, as follows:
(1) Operating grants that are awarded on a per-student
basis. The department shall be responsible for the allocation
and distribution of State funding among programs, provided
that the department shall:
(i) Give priority in grant funding to programs
providing access in educationally underserved areas that
are seeking renewal of grant funding and that have met
the program standards and demonstrated satisfactory
implementation of the program.
(ii) To the greatest extent possible, ensure that
grant funding is geographically dispersed to approved
programs located in educationally underserved areas of
the Commonwealth.
(2) Equipment grants that are awarded pursuant to
guidelines and processes established by the department.
(b) Restriction.--Payments made under this section shall
not be used for construction or purchase of space.
(1905-F added July 20, 2007, P.L.278, No.45)
Section 1906-F. Promulgation of standards.
Within 30 days of the effective date of this section, the
department shall promulgate interim standards necessary to
ensure the establishment of quality programs under this article
and which shall be published in the Pennsylvania Bulletin. The
interim standards shall not be subject to review under the act
of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act, nor shall they be subject to sections 201, 202,
203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law, or section 204
of the act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act. Within one year of publication of
the interim standards in the Pennsylvania Bulletin, the
department shall promulgate proposed standards. The interim
standards shall remain in effect until the effective date of
the final standards.
(1906-F added July 20, 2007, P.L.278, No.45)
Section 1907-F. Annual reports.

No later than October 1, 2008, and October 1 of each year

thereafter in which funding is appropriated for the purpose of
providing grants under this article, the department shall submit
a report to the chairman and minority chairman of the
Appropriations Committee of the Senate, the chairman and
minority chairman of the Appropriations Committee of the House
of Representatives, the chairman and minority chairman of the
Education Committee of the Senate and the chairman and minority
chairman of the Education Committee of the House of
Representatives summarizing the operations and successes of the
Pennsylvania Technical College Program during the prior fiscal
year. The report shall include:
(1) A description of the operations of the Pennsylvania
Technical College Program, including:
(i) The criteria used to evaluate the applications
for funding under the grant program.
(ii) The criteria used to identify fields of study,
educationally underserved areas and annual tuition rates.
(2) A list of the total amount of grant funds paid to
lead sponsors by higher education institutions, approved
programs, fields of study, geographic areas served by the
programs and fiscal year.
(3) A summary of financial information including
revenues and expenditures by programs, including all sources
of funding for each program, such as tuition, lead sponsor
financial support and partnering entity support.
(4) A summary of programmatic information, including
approved programs, fields of study, educationally underserved
areas participating, number of student enrollments, credits
awarded, certificates awarded, degrees awarded and graduate
placement information.
(5) A description of the evaluation process to measure
the success of the Pennsylvania Technical College Program
with respect to increasing access, improving opportunities
and controlling costs. The process should include an
identification of program goals and objectives and related
measures and the results of implementation of the identified
evaluation process.
(1907-F added July 20, 2007, P.L.278, No.45)
ARTICLE XX.
STATE COLLEGES.
(Art. repealed Nov. 12, 1982, P.L.660, No.188)
Section 2001. Definitions.--(2001 repealed Nov. 12, 1982,
P.L.660, No.188)
Section 2002. State Colleges and State Universities.--(2002
repealed Nov. 12, 1982, P.L.660, No.188)
Section 2003. Purpose.--(2003 repealed Nov. 12, 1982,
P.L.660, No.188)
Section 2003.1. Board of State College and University
Directors.--(2003.1 repealed Nov. 12, 1982, P.L.660, No.188)
Section 2003.2. Duties of the Board of State College and
University Directors with Regard to State Colleges.--(2003.2
repealed Nov. 12, 1982, P.L.660, No.188)
Section 2003.3. Duties of the Board of State College and
University Directors with Regard to State Universities.--(2003.3
repealed Nov. 12, 1982, P.L.660, No.188)
Section 2004. Board of Presidents of State Colleges and
State Universities.--(2004 repealed Nov. 12, 1982, P.L.660,
No.188)

Section 2004.1. Management of State Colleges and State

Universities within the Department.--(2004.1 repealed Nov. 12,
1982, P.L.660, No.188)
Section 2005. No Religious Tests.--(2005 repealed Nov. 12,
1982, P.L.660, No.188)
Section 2006. Practice Teaching.--(2006 repealed Feb. 17,
1970, P.L.24, No.13)
Section 2007. Examinations; Certificates; Diplomas.--(2007
repealed Nov. 12, 1982, P.L.660, No.188)
Section 2008. Board and Fees.--(2008 repealed Nov. 12, 1982,
P.L.660, No.188)
Section 2008.1. Boards of Trustees of State Colleges and
Universities.--(2008.1 repealed Nov. 12, 1982, P.L.660, No.188)
Section 2008.2. Duties of Boards of Trustees of the Several
State Colleges.--(2008.2 repealed Nov. 12, 1982, P.L.660,
No.188)
Section 2008.3. Duties of the Boards of Trustees of the
Several State Universities.--(2008.3 repealed Nov. 12, 1982,
P.L.660, No.188)
Section 2009. Vocational Education and Rehabilitation
Programs; Conversion for Other Purposes, etc.--(2009 repealed
Nov. 12, 1982, P.L.660, No.188)
Section 2010. Vocational Rehabilitation Education of War
Veterans and Defense Workers.--(2010 repealed Sept. 12, 1961,
P.L.1258, No.552)
Section 2011. Powers of Superintendent of Public
Instruction.--(2011 repealed Nov. 12, 1982, P.L.660, No.188)
Section 2012. Research Projects, Authority to Accept
Grants.--(2012 repealed Feb. 17, 1970, P.L.24, No.13)
Section 2013. Annual Reports.--(2013 repealed Nov. 12, 1982,
P.L.660, No.188)
ARTICLE XX-A.
THE STATE SYSTEM OF HIGHER EDUCATION.
(Art. added Nov. 12, 1982, P.L.660, No.188)
Section 2001-A. Definitions.--The following words and
phrases when used in this article shall, for the purpose of
this article, have the following meanings, respectively, except
in those instances where the context clearly indicates a
different meaning:
(1) "Board" shall mean the Board of Governors of the State
System of Higher Education.
(2) "Chancellor" shall mean the chief executive officer of
the State System of Higher Education.
(3) "Coalition bargaining" shall mean two (2) or more
employers bargaining jointly with all of their employes in a
particular category or bargaining unit so that one collective
process would determine the conditions of employment for all
employers in the appropriate units involved.
(4) "Commission" shall mean the presidents of the several
institutions.
(5) "Council" shall mean the council of trustees of the
individual institutions.
(6) "Deferment" shall mean any authorized delay in the
payment by a student of all or part of his tuition fee, charges
for room and board, application fee, student activity fee, or
any other charge or fee.
(7) "Employer" shall mean the Board of Governors of the
State System of Higher Education as the successor employer to
the Commonwealth of Pennsylvania.

(8) "Graduate assistant" means a graduate student appointed

by the president and assigned to a faculty or staff member to
assist in research, instruction and other related professional
duties.
(9) "Higher education" shall include any organized program
of instruction, research or service primarily concerned with a
field of organized knowledge, related theory, and associated
practice or application of skills and which leads to a degree;
that is, the work is creditable toward a degree.
(10) "Institution" shall mean each of the State-owned
colleges and university on the effective date hereof, or
hereafter created, and including its personnel, and its physical
plant, instructional equipment, records and all other property
thereof.
(11) "Professional employe" for the purposes of this act,
professional employe means any employe whose work:
(i) is predominately intellectual and varied in character;
(ii) requires consistent exercise of discretion and
judgment;
(iii) requires knowledge of an advanced nature in the field
of science or learning customarily acquired by specialized study
in an institution of higher learning or its equivalent; and
(iv) is of such character that the output or result
accomplished cannot be standardized in relation to a given
period of time.
(12) "Refund" shall mean any return payment, or remission,
by an institution to a student of all or part of any sum he has
paid for tuition, room and board, application or student
activity fee or any other charge or fee.
(13) "Secretary" shall mean the Secretary of Education of
the Commonwealth of Pennsylvania or such person as the secretary
may designate to act on behalf of the secretary with regard to
any of the duties and prerogatives imposed by this act.
(14) "State board" shall mean the State Board of Education.
(15) "Student" shall mean a person who is enrolled in a
course of study in any institution which is subject to the
provisions hereof.
(16) "Student association" shall mean the officially
recognized representative body of the student population of
each institution.
(17) "System" shall mean the State System of Higher
Education.
(18) "Waiver" shall mean any release from initial payment
by a student of all or part of his tuition, charge for room and
board, application or student activity fee or any other charge
or fee.
(19) "Maintenance projects" shall mean those activities,
materials, labor and contracts necessary to replace, restore,
refurbish or enhance real property which do not alter the
architectural or engineering characteristics of the structure,
as follows: painting; window repair and replacement; roof repair
and replacement; repointing and masonry repair; downspout and
gutters; landscaping; roadways, parking facilities, track and
athletic court resurfacing and reconstruction; sidewalk and
curbing reconstruction and replacement; asbestos abatement (in
accordance with all State and Federal statutes and regulations);
caulking and insulation; and replacement, reconstruction and
construction of non-load bearing interior walls. No such project
shall affect the structural integrity of any existing facility
or utility system. ((19) amended July 11, 1990, P.L.424, No.103)
P.L.304, No.48)

(20) "Campus police" shall mean all law enforcement

personnel employed by the system who have successfully completed
a campus police course of training approved under 53 Pa.C.S.
Ch. 21 Subch. D (relating to municipal police education and
training). ((20) added Dec. 23, 2003, P.L.304, No.48)
(21) "Grounds" shall mean all lands and buildings owned,
controlled, leased or managed by the system. ((21) added Dec.
23, 2003, P.L.304, No.48)
(2001-A added Nov. 12, 1982, P.L.660, No.188)
Section 2002-A. Establishment of the State System of Higher
Education and its Institutions.--(a) Subject to the regulatory
powers conferred by law upon the State Board of Education, there
is hereby established a body corporate and politic constituting
a public corporation and government instrumentality which shall
be known as the State System of Higher Education, independent
of the Department of Education, hereinafter referred to as the
system, which shall consist of the following institutions and
such other institutions, presently existing or newly created,
as may hereafter be admitted by the board in concurrence with
other agencies as required by law:
(1) Bloomsburg State College;
(2) California State College;
(3) Cheyney State College;
(4) Clarion State College;
(5) East Stroudsburg State College;
(6) Edinboro State College;
(7) Indiana University of Pennsylvania;
(8) Kutztown State College;
(9) Lock Haven State College;
(10) Mansfield State College;
(11) Millersville State College;
(12) Shippensburg State College;
(13) Slippery Rock State College; and
(14) West Chester State College.
(b) Each of the said institutions shall hereafter be known
as the (Name) University of Pennsylvania of the State System
of Higher Education, except for Indiana University of
Pennsylvania, which shall retain its name. As successor
institutions to the State Normal Schools, appropriations for
their operation are ordinary expenses of government, requiring
only a majority vote of each House of the General Assembly. The
State System of Higher Education shall have the same preferred
status for appropriations as is enjoyed by its constituent
institutions. State funds appropriated to the system shall be
allocated to the individual institutions on a formula based on,
but not limited to, such factors as enrollments, degrees granted
and programs. ((b) amended June 23, 1988, P.L.457, No.77)
(2002-A added Nov. 12, 1982, P.L.660, No.188)
Section 2003-A. Purposes and General Powers.--(a) The State
System of Higher Education shall be part of the Commonwealth's
system of higher education. Its purpose shall be to provide
high quality education at the lowest possible cost to the
students. The primary mission of the system is the provision
of instruction for undergraduate and graduate students to and
beyond the master's degree in the liberal arts and sciences and
in applied fields, including the teaching profession. Graduate
instruction at the doctoral level, except for doctoral programs
provided for in the act of December 16, 1965 (P.L.1113, No.430),
known as the "Indiana University of Pennsylvania Act," only may
be offered jointly with Indiana University or an institution
chartered to offer work at the doctoral level. Programs of
research and service may be provided which are approved by the

Board of Governors, and which are consistent with the primary

mission of the system. Each institution shall provide
appropriate educational facilities, student living facilities
and such other facilities as deemed necessary by the board.
(b) The system is hereby granted and shall have and may
exercise all the powers necessary or convenient for the carrying
out of the aforesaid purposes, including, but without limiting
the generality of the foregoing, the following rights and
powers:
(1) To have perpetual existence as a corporation.
(2) To adopt, use and alter at will a corporate seal.
(3) To acquire, purchase, hold, lease as lessee and use any
property, real, personal or mixed, tangible or intangible, or
any interest therein, lease as lessor any property, real,
personal or mixed, tangible or intangible, necessary or
desirable for carrying out the purposes of the system, and to
sell, transfer and dispose of any property acquired by gift,
grant, devise or bequest, whether the property is real, personal
or mixed, tangible or intangible, or any interest therein; to
take, demand, receive and possess all moneys, real property and
goods which shall be appropriated, given or granted to for the
use of the system and to apply the same according to the will
of the donors; to sell, transfer and dispose of real property
acquired by and titled to the system upon approval by the
General Assembly as provided in section 2018-A; and by gift,
purchase or devise to receive, possess, enjoy and retain forever
any and all real and personal estate and funds, of whatsoever
kind, nature or quality the same may be, in special trust and
confidence that the same, and the profits thereof, shall be
applied to and for the use and purpose of endowing the system,
and shall have power to receive donations from any source
whatever, to be exclusively devoted to the purposes of the
system or according to the terms of donation: Provided, however,
That the system shall have no power at any time or in any
manner, to pledge the credit or taxing power of the
Commonwealth, nor shall any of its obligations or debts be
deemed to be obligations of the Commonwealth, nor shall the
Commonwealth be liable for the payment of principal or interest
on such obligations. Nothing herein shall empower the Board of
Governors or the chancellor to take or receive any moneys, goods
or other property, real or personal, which is given or granted
to specific institutions.
(c) Collective bargaining agreements in force at the time
of enactment of this act shall remain in force for the term of
the contract. New collective bargaining agreements with
professional employes shall be negotiated on behalf of the
system by the chancellor. The board shall make a coalition
bargaining arrangement with the Commonwealth for the negotiation
of new collective bargaining agreements with noninstructional
employes.
(d) The system may enter into an agreement with any entity
for the cooperative use of supplies or services. All purchases
and agreements made pursuant to this subsection shall be the
result of a system of competitive bidding and in accordance
with the laws of this Commonwealth. ((d) added July 5, 2012,
P.L.1108, No.134)
(2003-A amended July 11, 1990, P.L.424, No.103)
Section 2003-A.1. Project Contracts.--(a) The State System
of Higher Education is hereby authorized to execute and
administer contracts for construction, repair, renovation and
maintenance projects within the meaning of section 2401.1 of
the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929," including all aspects of project

management, design and construction and legal and administrative
services related to and necessary for the completion of such
projects, except capital projects which are funded by
Commonwealth general obligation bonds, capital appropriations
or pursuant to Article XVI-B of the act of April 9, 1929
(P.L.343, No.176), known as "The Fiscal Code," unless delegated
by the Department of General Services to the system.
(b) The system shall review the work, experience and
qualifications of architects and engineers seeking contracts
from the system under this section and, on the basis of merit,
select and appoint architects and engineers for the design,
contract administration and, at the system's discretion,
inspection of a project authorized by this section. The board
shall give public notice in the manner provided by law of
projects which require the services of architects and engineers.
The board shall include, but not be limited to, consideration
of the following factors in the selection of architects and
engineers:
(1) equitable distribution of contracts among qualified
architects and engineers;
(2) capability to perform the design and construction
services for the contract being considered;
(3) geographic proximity of the architect or engineer to
the proposed facility;
(4) ability of the architect or engineer to furnish the
necessary available manpower to perform the services required
by the project; and
(5) any other related circumstances peculiar to the proposed
contract.
(c) ((c) deleted by amendment June 30, 2012, P.L.684, No.82)
(c.1) ((c.1) deleted by amendment June 30, 2012, P.L.684,
No.82)
(c.2) All contracts, other than contracts for the retention
of architects and engineers, authorized by this section which
exceed a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under subsection (c.3), shall
be advertised in the manner provided by law and competitively
bid and awarded to the lowest responsible bidder. In case of
emergencies and notwithstanding any other provision of this
section to the contrary, the chancellor may make or authorize
others to make an emergency procurement whenever a threat exists
to public health, welfare or safety or circumstances outside
the control of the State system and creates an urgency of need
which does not permit the delay involved in using more formal
competitive methods. Whenever practical, in the case of a
procurement of a supply, at least two (2) bids shall be
solicited. A written determination of the basis for the
emergency and for the selection of the particular contractor
shall be included in the contract file. ((c.2) added June 30,
2012, P.L.684, No.82)
(c.3) Adjustments shall be made as follows:
(1) The Department of Labor and Industry shall calculate
the average annual percentage change in the Consumer Price Index
for All Urban Consumers: All Items (CPI-U) for the United States
City Average as published by the United States Department of
Labor, Bureau of Labor Statistics, for the twelve-month period
ending September 30, 2012, and for each successive twelve-month
period thereafter.
(1.1) If the Department of Labor and Industry determines
that there is no positive percentage change, then no adjustment
to the base amounts shall occur for the relevant time period.

(2) The positive percentage change, as determined in

accordance with clause (1), shall be multiplied by the amount
applicable under subsection (c.2) for the current period, and
the product thereof shall be added to the amount applicable
under subsection (c.2) for the current period, with the result
rounded to the nearest multiple of one hundred dollars ($100).
(3) The determination required under clause (1) and the
calculation adjustments required under clause (2) shall be made
in the period between October 1 and November 15, 2012, and
between October 1 and November 15 of each successive year.
(4) The adjusted amounts obtained in accordance with clause
(2) shall become effective January 1 for the period following
the year in which the determination required under clause (1)
is made.
(5) The Department of Labor and Industry shall give notice
in the Pennsylvania Bulletin prior to January 1 of each calendar
year in which the percentage change is determined in accordance
with clause (1) of the amounts, whether adjusted or unadjusted
in accordance with clause (2), at which competitive bidding is
required under subsection (c.2) for the period beginning the
first day of January after publication of the notice.
(6) The annual increase in the preliminary adjusted base
amounts obtained under clauses (3) and (4) shall not exceed
three percent (3%).
((c.3) added June 30, 2012, P.L.684, No.82)
(d) The power and authority granted by this section shall
not be exercised by the system, the board or an institution for
a project to modify, repair or renovate any facility erected
by the Department of General Services unless prior written
notice setting forth the nature, scope, extent and description
of such project has been given to the Department of General
Services.
(e) Nothing in this section shall be construed as amending,
repealing or otherwise modifying the provisions of the act of
May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
letting of certain contracts for the erection, construction,
and alteration of public buildings," or the act of August 15,
1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing
Wage Act."
(f) The system is authorized to transfer and convey any
easements or licenses necessitated by any construction project
which has been previously authorized by the board.
(2003-A.1 amended July 11, 1990, P.L.424, No.103)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Compiler's Note: Section 5 of Act 97 of 2011, which amended
subsec. (c) and added subsec. (c.1), provided that Act
97 shall apply to contracts and purchases advertised on
or after January 1 of the year following the effective
date of section 5.
Section 2004-A. Board of Governors.--(a) The system shall
be governed and all of its corporate powers exercised by the
Board of Governors, which shall consist of twenty (20) members
to be appointed as follows:
(1) The Governor, or his designee.
(2) The Secretary of Education, or his designee.
(3) One (1) Senator appointed by the President pro tempore
of the Senate.
(4) One (1) Senator appointed by the Minority Leader of the
Senate.

(5) One (1) Representative appointed by the Speaker of the

House of Representatives.
(6) One (1) Representative appointed by the Minority Leader
of the House of Representatives.
(7) Fourteen (14) members shall be appointed by the Governor
with the advice and consent of the Senate of which six (6) shall
be selected from the citizens of the Commonwealth. Three (3)
members of the fourteen (14) shall be students whose terms shall
expire upon graduation, separation or failure to maintain good
academic standards at their institution and five (5) of the
fourteen (14) shall be trustees of constituent institutions,
however, no more than one trustee representing a constituent
institution. The student members shall be selected from the
presidents of the local campus student government associations,
or their local equivalent.
(b) All members of the board appointed by the Governor,
except for the students, shall serve for terms of four (4)
years. The Governor and Secretary of Education shall serve so
long as they continue in office. Members of the board appointed
from the General Assembly shall serve a term of office
concurrent with their respective elective terms as members of
the General Assembly.
(c) (1) The Governor or his designee, and the Secretary
of Education or his designee, and the members of the General
Assembly shall be members of the board and shall be entitled
to attend all meetings of the board and shall have the right
to speak on all matters before the board, and to vote, but shall
not be elected as an officer of the board.
(2) A member of the General Assembly appointed under
subsection (a) may designate an official representative to
attend any meetings of the board, the executive committee of
the board and any committee to which the member of the General
Assembly is assigned. Such official representative shall have
the right to speak on all matters before the board, the
executive committee and any committee to which the member of
the General Assembly is assigned but shall not have the right
to vote on behalf of the member of the General Assembly.
((c) amended July 4, 2004, P.L.536, No.70)
(d) The board shall elect one (1) of its members to serve
as its chairperson at the pleasure of the board. Members shall
receive no compensation for their services but shall be
reimbursed for the expenses necessarily incurred by them in the
performance of their duties. The board shall meet quarterly and
additionally at the call of the chairperson, or upon request
of six (6) members of the board.
(e) The chancellor shall be the chief executive officer of
the board and shall have the right to speak on all matters
before the board, but not to vote.
(2004-A amended June 23, 1988, P.L.457, No.77)
Section 2005-A. The Chancellor.--The chief executive officer
of the system shall be a chancellor, who shall be employed by
the board in accordance with clause (1) of section 2006-A. In
addition to those prescribed by the board, the chancellor shall
have the following duties:
(1) The chancellor shall be responsible for the
administration of the system under policies prescribed by the
board.
(2) The chancellor shall advise the board on the formulation
of policies, shall see that the board's policies are carried
out and shall supervise the board's studies.
(3) The chancellor shall recommend to the board the system's
overall budget and shall review and recommend undergraduate and

graduate academic programs to meet the needs of the system's

student population.
(4) The chancellor shall assist the board in its appointment
of the presidents for the constituent institutions by submitting
to the board the name or names of individuals recommended by
the council of trustees of the appropriate constituent
institution who shall involve students, faculty and alumni in
the interview and selection process used to formulate their
recommendation. The chancellor shall submit to the board the
recommended salary and other proposed terms of each such
appointment. The board shall have the right to refuse the
recommendation of the local council and to request that
additional recommendations be submitted by the council.
(5) The chancellor shall prepare an evaluation procedure
for adoption by the board. The chancellor shall forward the
results of the evaluation conducted by the local council of
trustees with his comments to the board.
(6) The chancellor is empowered to employ central office
professional and staff employes appropriate for the efficient
discharge of the chancellor's duties.
(7) The chancellor shall be responsible for the
administration of the central office, systemwide business
procedures and for the overall organization of maintenance of
the physical plants and security at all institutions.
(8) The chancellor shall conduct comprehensive planning in
consultation with representatives of the trustees, presidents,
faculties, students and alumni and within the policies
established by the board to establish priorities and procedures
for the operation and development among the institutions, with
respect to the role and scope of each institution, instructional
programs, research programs and public service programs.
(9) The chancellor shall have the right to require of the
presidents any and all information necessary for the performance
of his duties. The chancellor shall perform such other duties
as the board may designate.
(10) The chancellor shall serve as an ex officio member of
the council of each institution in the system.
(11) The chancellor shall negotiate or cause to be
negotiated on behalf of the board and subject to its final
approval collective bargaining agreements pursuant to the act
of July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," in accordance with section 2003-A of this act.
(12) To enter into multiparty contractual relationships,
in accordance with the Procurement Code or direct negotiation,
with businesses, industries, organizations, State and local
governments and the Federal Government to provide economic and
work force development. ((12) added Dec. 21, 1998, P.L.1194,
No.154)
(2005-A added Nov. 12, 1982, P.L.660, No.188)
Section 2006-A. Powers and Duties of the Board of
Governors.--(a) The Board of Governors shall have overall
responsibility for planning and coordinating the development
and operation of the system. The powers and duties of the Board
of Governors shall be:
(1) To employ the chancellor to serve at the board's
pleasure under fixed term or contract of fixed duration of not
longer than five (5) years; to fix his salary; to prescribe and
delineate his duties and responsibilities; prior to the renewal
of such term or contract, the board shall conduct an evaluation
of the chancellor's service to determine whether such term or
contract should be renewed and for what period of time.

(2) To appoint from the list submitted by the chancellor,

pursuant to section 2005-A(4), presidents of the constituent
institutions to serve at the board's pleasure under fixed terms
or contracts of fixed duration, to fix the salaries and other
terms of appointment of each president and prior to renewal of
such term or contract consider the results of the evaluation
of each president's service submitted by the chancellor.
(3) To establish policies and procedures to be applied by
the chancellor, the board and each local council in evaluating
the president and recommending the selection, retention and
dismissal of the president of its respective institution.
(4) To establish broad fiscal, personnel and educational
policies under which the institutions of the system shall
operate.
(5) To create new undergraduate and graduate degree
programs, which shall not be subject to the rules and
regulations of the State Board of Education; to approve
extension campuses and new external degree programs subject to
the rules and regulations of the State Board of Education; to
promote cooperation among institutions, including the
development of consortia within the system and other educational
institutions and agencies. ((5) amended July 1, 1985, P.L.103,
No.31)
(6) To establish general policies for the admission of
students and to assure procedural protection for the discipline
and expulsion of students. The actual admission of students
shall remain the province of the individual institutions.
(7) To coordinate, review, amend and approve the annual
capital budget requirements of the system, the annual operating
budgets of the individual institutions and the operating budget
of the chancellor and the board. The board shall present these
annual budgets with comments to the secretary for presentation
to the State board. The State board shall return such budget
requests, recommending approval or disapproval with comments,
if any, to the secretary prior to their submission to the
Secretary of Budget and Administration. The board may also
submit its budget recommendations and findings to the General
Assembly subsequent to the submission of the Governor's budget
to the General Assembly. For the purpose of administration, the
system shall be subject to Article VI of the act of April 9,
1929 (P.L.177, No.175), known as "The Administrative Code of
1929," except for section 615.
(8) To establish general personnel policies under which the
institutions shall operate consistent with merit principles;
to determine equivalent degree and teaching experience
qualifications for appointment or promotion of faculty employes
within the classifications enumerated in the act of January 18,
1952 (1951 P.L.2111, No.600), referred to as the State College
Faculty Compensation Law, to include, but not be limited to,
the Degrees of Juris Doctor and Master of Fine Arts; and to
enter into collective bargaining agreements pursuant to the act
of July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," in accordance with section 2003-A of this act.
((8) amended July 11, 1990, P.L.424, No.103)
(9) To recommend approval or disapproval of all system
building projects to the Secretary of the Budget which are not
within the contracting authority of the system under section
2003-A.1. ((9) amended July 11, 1990, P.L.424, No.103)
(10) To represent the system before the General Assembly,
the Governor and the State board.
(11) To fix the levels of tuition fees, except student
activity fees. Tuition fees shall include a differential for

such charges between students who are residents of the

Commonwealth and students who are nonresidents.
(12) To adopt general policies with regard to student
activity fees and to provide for student participation in the
formulation of these policies.
(13) To establish policies regarding waiver, deferment and
refund of tuition fees and other charges and fees.
(13.1) To set the amounts for fines for violations of rules
respecting the use, parking and operation of motor vehicles on
system facilities, which may be established to exceed the
amounts which municipalities are authorized to assess for such
offenses under 75 Pa.C.S. (relating to vehicles). ((13.1 added
Apr. 27, 1998, P.L.270, No.46)
(14) To make all reasonable rules and regulations necessary
to carry out the purposes of this article and the duties of the
board.
(15) To do and perform generally all of those things
necessary and required to accomplish the role and objectives
of the system.
(b) The Board of Governors shall provide for the holding
of regular and special meetings. Eleven (11) governors attending
shall constitute a quorum for the transaction of any business
and, unless a greater number is required by the bylaws of the
board, the act of a majority of the governors present at any
meeting shall be deemed the act of the board. ((b) amended June
23, 1988, P.L.457, No.77)
(2006-A added Nov. 12, 1982, P.L.660, No.188)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2006-B(c), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2007-A. Commission of Presidents.--The commission
of presidents of the system shall consist of the presidents of
the several institutions who shall annually select one (1) of
their members as chairperson. The commission shall recommend
policies for the institutions and shall act in an advisory
capacity to the chancellor and the governors. The commission
shall meet quarterly and additionally at the call of its
chairperson or the chancellor. A majority of the presidents
shall constitute a quorum.
(2007-A added Nov. 12, 1982, P.L.660, No.188)
Section 2008-A. Councils of Trustees.--(a) The council of
each of the institutions shall consist of eleven (11) members
who, except for student members, shall be nominated and
appointed by the Governor with the advice and consent of the
Senate. At least two (2) members of the eleven (11) member
council of trustees shall be alumni of the institution.
(b) Ten (10) members of each council shall serve terms of
six (6) years, respectively, and until their respective
successors are duly appointed and qualified. One (1) member of
each council shall be a full-time undergraduate student in good
academic standing, other than freshman, enrolled for at least
twelve (12) semester hours at the institution of which he is a
trustee. The student member shall serve a term of four (4) years
or for so long as he is a full-time undergraduate student in
attendance at the institution of which he is a trustee,
whichever period is shorter, and is in good academic standing.
Vacancies occurring before the expiration of the term of any
member shall be filled in like manner for the unexpired term.
Student members of the Council of Trustees shall be appointed
by the Governor and shall not be subject to Senate confirmation.
If a student member is temporarily unable, for medical or valid

academic reasons, to fulfill the responsibilities of office,

the Council of Trustees may request that the Governor appoint
an otherwise qualified student to serve as an alternate until
the return of the student member.
(c) The members of each board of trustees of a former State
college or university serving in such capacity on the effective
date of this act shall continue to serve for the balance of
their respective terms.
(d) Six (6) members of a council shall constitute a quorum.
Each council shall select from its members a chairperson and a
secretary to serve at the pleasure of the council. Each council
shall meet at least quarterly, and additionally at the call of
the president, or its chairperson, or upon request of three (3)
of its members.
(2008-A amended June 29, 2002, P.L.524, No.88)
Section 2009-A. Powers and Duties of Councils of
Trustees.--In accordance with the rules and regulations adopted
by the board, the council of each institution shall have the
power and its duty shall be:
(1) To make recommendations to the chancellor for the
appointment, retention or dismissal of the president following
consultation with students, faculty and alumni.
(2) To assist the president in developing proper relations
and understanding between the institution and its programs and
the public, in order to serve the interests and needs of both.
(3) To review and approve the recommendations of the
president as to standards for the admission, discipline and
expulsion of students.
(4) To review and approve the recommendations of the
president pertaining to policies and procedures governing the
use of institutional facilities and property.
(5) To approve schools and academic programs.
(6) To review and approve the recommendations of the
president pertaining to annual operating and capital budget
requirements for forwarding to the board.
(7) To review and approve charges for room and board and
other fees except student activity fees.
(8) To conduct an annual physical inspection of facilities
and make recommendations regarding maintenance and construction
to the board.
(9) To review and approve all contracts and purchases
negotiated or awarded by the president with or without
competitive bidding and all contracts for consultative services
entered by the president.
(10) To represent the institution at official functions of
the Commonwealth.
(11) To take such other action as may be necessary to
effectuate the powers and duties herein delegated.
(12) In accordance with the evaluation procedure established
by the board each council shall conduct an evaluation of the
president and forward the results of that evaluation with
recommendation to the chancellor for submission to the board.
(13) By resolution adopted by the council to authorize
campus police who have completed firearms training in accordance
with 53 Pa.C.S. 2167(a) (relating to police training) to carry
firearms in the course of duty for any institution whose campus
police are authorized to carry firearms on the effective date
of this paragraph, the authority to carry firearms shall remain
in effect unless the council by resolution dissolves such
authority. ((13) added July 7, 2006, P.L.350, No.73)
(2009-A added Nov. 12, 1982, P.L.660, No.188)

Section 2010-A. Power and Duties of Institution

Presidents.--The president of each institution shall be
appointed by the board. The president shall be the chief
executive officer of that institution. He shall have the right
to attend all meetings of the council of that institution and
shall have the right to speak on all matters before the council
but not to vote. Subject to the stated authority of the board
and the council, each president shall have the following powers
and duties: (Intro. par. amended Apr. 27, 1998, P.L.270, No.46)
(1) Except insofar as such matters are governed by
collective bargaining agreements entered pursuant to the act
of July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," and subject to the policies of the board, to
appoint such employes, professional and noninstructional,
graduate assistants, etc. as necessary, to fix the salaries and
benefits of employes, professional and noninstructional, and
to establish policies and procedures governing employment
rights, promotion, dismissal, tenure, leaves of absence,
grievances and salary schedules.
(2) To make and implement specific campus policies
pertaining to instructional programs, research programs and
public service programs and define academic standards in
accordance with policies of the board following consultation
with the council, faculty and students. ((2) amended June 23,
1988, P.L.457, No.77)
(3) To develop and implement policies and procedures for
the administration of the institution. To develop and implement,
in conjunction with the local campus student government
association, policies and procedures by which student
organizations may be created and operated.
(4) To establish policies and procedures for the admission,
discipline and expulsion of students which shall be consistent
with policies of the board and the local council.
(5) To establish policies and procedures governing the use
of institutional facilities and property in accordance with
guidelines established by the local council.
(6) In cooperation with the student association, to fix
student activity fees and supervise the collection, retention
and expenditure thereof.
(7) To waive, defer and refund tuition fees and other
charges and fees consistent with policies established by the
board.
(8) To prepare and, after review and action by the council,
submit to the chancellor the annual operating and capital budget
requirements for the institution.
(9) To determine from appropriations, tuition fees, charges
and other fees and other available funds with the exception of
student activity fees, the expenditures to be made for
instructional, extracurricular, administrative, custodial and
maintenance services, equipment and supplies, and for furniture
for instructional, extracurricular, administrative and service
facilities and to reallot such sums among the various
expenditure classifications as may be necessary for the
effective management of the institution: Provided, That no such
reallotment shall exceed the total allocations of the
institution.
(10) ((10) deleted by amendment June 30, 2012, P.L.684,
No.82)
(10.1) Within the limitations of the operating budget and
other available funds in accordance with the procedures
established by the board and with the approval of the local
council, to negotiate and award all contracts for equipment,

services and supplies in excess of a cost of a base amount of

eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section 120, on a competitive bid basis and
to purchase instructional, educational, extracurricular,
technical, administrative, custodial and maintenance equipment
and supplies not in excess of a cost of a base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section 120, without competitive bidding,
except that such items shall not be bought in series to avoid
the dollar ceiling. ((10.1) added June 30, 2012, P.L.684, No.82)
(11) To cooperate with and accept grants and assistance
from Federal and State agencies, local governments or other
political subdivisions, foundations, corporations, or any other
source for any of the lawful purposes of the institution. Each
institution shall have the power to bank and use such grants
as directed by the grantor and subject to the limitations of
this act, except that grants and assistance from sources other
than State agencies, local governments or other political
subdivisions shall not be subject to the provisions of clause
(10). All moneys received from sources authorized by this
section are hereby appropriated to each of the several
institutions granted such moneys. All such moneys shall be
subject to audit by the Auditor General.
(12) To authorize personnel to travel within or without the
Commonwealth at institutional expense in accordance with
regulations of the council.
(13) Within the limitations of the operating budget and
other available funds, to enter into contracts for consultative
service not to exceed five thousand dollars ($5,000) per
contract.
(14) To enter into contracts in accordance with policies
of the council, to enable students to engage in student teaching
or other training in order to obtain experience in a particular
field.
(15) To employ or contract for the necessary institutional
services consistent with policies and procedures established
by the board.
(16) Consistent with the policies of the board to do and
perform all of those other things necessary and required for
the orderly operation of the institution.
(2010-A added Nov. 12, 1982, P.L.660, No.188)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Compiler's Note: Section 5 of Act 97 of 2011, which amended
par. (10), provided that Act 97 shall apply to contracts
and purchases advertised on or after January 1 of the
year following the effective date of section 5.
Section 2011-A. Rental Fees and Other Charges.--(a) In
addition to rental fees fixed, charged and collected in the
manner provided by law from each student residing in State-owned
or State-leased residential facilities at an institution for
the maintenance and operation of such facilities, a sum shall
be fixed by the president, with approval of the Council of
Trustees, and charged and collected from each such person as
an additional rental fee. Such additional rental fees shall be
credited to a Reserve Fund for contingencies and capital
replacements.
(b) In addition to the other fees from time to time fixed,
charged and collected in the manner provided by law, a fee of
ten dollars ($10) per semester of eighteen (18) weeks and a

proportionate fee for each trimester, quarter, term and summer

sessions of six (6) weeks or three (3) weeks shall be fixed,
charged and collected from each student while in attendance at
a university for which the General State Authority has taken
title to a student community building, which fee shall be
credited to the Department of General Services and shall be
fixed by the council of trustees in amounts sufficient to meet
rentals due to the General State Authority, pursuant to
contracts to lease student community buildings constructed by
the said authority for the use of the system universities.
(2011-A amended June 23, 1988, P.L.457, No.77)
Section 2012-A. Diplomas and Certificates.--The board shall
prescribe minimum standards for graduation from the system.
Each graduate shall receive such diploma as the board shall
prescribe. The system shall be authorized to grant
baccalaureate, master's and doctoral degrees as limited by
section 2003-A for successful completion of prescribed courses
of study and such other certificates and degrees as the board
may authorize.
(2012-A amended July 1, 1985, P.L.103, No.31)
Section 2013-A. Teachers' and Employes' Retirement
Plans.--Pursuant to the provisions of 24 Pa.C.S. 8301
(relating to mandatory and optional membership), all
professional and other employes of the system and its
institutions shall be accorded the right to elect participation
in the Pennsylvania Public School Employees' Retirement System
or the State Employees' Retirement System. Alternatively,
eligible employes shall have the right to elect participation
in the Teachers' Insurance and Annuity Association of
America--College Retirement Equities Fund (TIAA-CREF) retirement
plan or in an alternative retirement plan or plans offered by
any insurance company authorized to issue annuity contracts in
this Commonwealth or mutual fund company with investment options
meeting the requirements of a qualified plan under the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. 1 et seq.).
The alternative retirement plans shall be selected by the system
pursuant to the request-for-proposal process.
(2013-A amended June 22, 2001, P.L.530, No.35)
Section 2014-A. Nondiscrimination.--No person shall be
denied matriculation at any system institution or a position
as a governor, trustee, faculty member, or employe of the
system, or the opportunity to contract with the system or its
constituent institutions because of race, color, religion, age,
sex, national origin, handicap or political affiliation. The
board shall develop and promulgate by regulation a plan assuring
equal opportunity in educational access, employment and
contracting. The plan shall provide for nondiscrimination and
compliance with respect to contracting practices for the system,
its constituent institutions and their contractors,
subcontractors, assignees, lessees, agents, vendors and
suppliers.
(2014-A amended July 11, 1990, P.L.424, No.103)
Section 2015-A. Annual Audit.--(a) The activities of the
system under this article shall be subject to the audit of the
Department of the Auditor General, but the system shall not be
required to pay a fee for any such audit. It shall make an
annual report to the State board and to the General Assembly
showing its condition at the end of the Commonwealth's fiscal
year.
(b) The system shall report its financial statements in
accordance with generally accepted accounting principles as
prescribed by the National Association of College and University

Business Officers, the American Institute of Certified Public

Accountants or any other recognized authoritative body, as well
as applicable policy and standards promulgated by the
Commonwealth and the Federal Government.
(2015-A amended July 13, 2005, P.L.226, No.46)
Section 2016-A. Continuation of Powers and Duties.--All
powers, rights, privileges, duties and obligations, statutory,
contractual or otherwise, of the institutions or their
predecessors and their respective council of trustees and
officers, heretofore existing and not otherwise changed or
repealed by this act, shall continue in full force and effect.
(2016-A added Nov. 12, 1982, P.L.660, No.188)
Section 2017-A. Annual Report.--(a) An annual report shall
be submitted in electronic format by each institution to the
Department of Education and the Joint State Government
Commission, which shall include data for all programs of the
institution. Each such report, to be submitted prior to
September 1, shall cover the 12-month period beginning with the
summer term of the preceding year and shall include:
(1) The following counts and distributions for each term
during the period:
(i) The definitions and numbers of faculty members employed
full time, of faculty members employed part time, of full-time
students enrolled in graduate courses, of full-time students
enrolled in undergraduate courses, of part-time students
enrolled in graduate courses, and of part-time students enrolled
in undergraduate courses.
(ii) The total numbers of undergraduate student credit
hours, divided into lower division and upper division course
levels, and of graduate student credit hours divided into three
course levels--master's, first professional and doctoral.
(iii) The number of different courses scheduled by level
of instruction and the number of sections of individual
instruction scheduled by level of instruction, each further
subdivided by two digit Classification of Instructional Program
(CIP) categories of instructional programs of higher education
as defined by the National Center for Education Statistics,
United States Department of Education.
(iv) The number of terms scheduled and the dates thereof.
(2) For the summer term and the following academic year in
total and for each two digit CIP program category, a
classification of faculty members or other professional employes
by title, including: professor, associate professor, assistant
professor, instructor, lecturer, research associate, librarian
and academic administrator; faculty members or other
professional employes under each title to be subdivided by type
of assignment: teaching and nonteaching, and each such set of
faculty members or other professional employes to be further
subdivided by type of employment: full time or part time; and
the following aggregates for each subdivided classification:
(i) The number of faculty and other professional employes
and their full-time equivalence in instructional and
noninstructional functions.
(ii) The sum of credits assigned to undergraduate classroom
courses and the sum of credits assigned to graduate classroom
courses taught, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(iii) The sum of credits assigned to undergraduate
individual instruction courses and the sum of credits assigned
to graduate individual instruction courses taught, divided into
lower division, upper division, master's, first professional
and doctoral course levels.

(iv) The sum of undergraduate classroom student credit hours

and the sum of graduate classroom student credit hours
generated, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(v) The sum of undergraduate individual instruction student
credit hours and the sum of graduate individual instruction
student credit hours generated, divided into lower division,
upper division, master's, first professional and doctoral course
levels.
(vi) The total salary paid for instructional functions and
for noninstructional functions and the amount of this salary
paid for each of these functions from university funds, Federal
funds and other funds.
(3) For each term of the period covered for each faculty
member employed full time identified by two digit CIP program
category and title, the report shall contain an analysis of the
average hours per week spent in university-related activities,
stating specifically hours spent in undergraduate classroom
contact and graduate classroom contact, hours spent in
preparation, hours spent in research and hours spent in public
service.
(b) In addition to the requirements of subsection (a), each
report covering the 12-month period shall include for all
programs of the institution:
(1) Minimum number of credits required for a baccalaureate
degree and for a master's degree.
(2) Number of bachelor's degrees, master's degrees, first
professional degrees and doctoral degrees awarded in the three
previous years and those estimated for that year.
(c) The Joint State Government Commission shall develop a
statistical comparison analysis recognizing differences in
missions from the reports made under this section. The
comparison shall be provided to the Education Committee of the
Senate and the Appropriations Committee of the Senate and the
Education Committee of the House of Representatives and the
Appropriations Committee of the House of Representatives and
the four State regional libraries. The comparative analysis
shall be posted on the Joint State Government Commission's
Internet website for a period of no less than five (5) years
from the date of submission.
(d) Each report submitted under subsection (a) shall be
posted by the Department of Education on its Internet website
for a period of no less than five (5) years from the date of
submission.
(2017-A amended July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2017-A, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2018-A. Method of Disposition; Consideration by the
General Assembly.--(a) Whenever the system deems that it is
necessary or desirable to sell, transfer or dispose of real
property acquired by and titled to it, it shall request
authorization from the General Assembly to sell, transfer or
dispose of said real property; and from time to time, as
necessary, the system shall submit to the Chief Clerk of the
House of Representatives and the Secretary of the Senate
requests to sell, transfer or dispose of real property acquired
by and titled to the system for consideration by the General
Assembly.
(b) Each request for authorization to sell, transfer or
dispose of real property transmitted to the General Assembly

shall be proposed as a resolution, and shall be placed on the

calendar of each house for the next legislative day following
its receipt, and shall be considered by each house within thirty
(30) calendar days of continuous session of the General
Assembly.
(c) Each request for authorization to sell, transfer or
dispose of real property shall take effect if it is approved
by a majority vote of the duly elected membership of each house
during such thirty-day period or may be disapproved by either
house during that period by a majority vote of the duly elected
membership of each house.
(d) No resolution shall be effective:
(1) unless it designates the number of the request for
authorization to sell, transfer or dispose of real property and
the date on which it was transmitted to the General Assembly;
or
(2) if it specifies more than one request for authorization
to sell, transfer or dispose of real property except as
otherwise provided by subsection (g) of this section.
(e) The effective date of each request for authorization
to sell, dispose or transfer real property shall be the date
of approval of the last of the two houses to act. Upon the
expiration of the thirty-day period after the delivery of the
request for authorization to sell, dispose or transfer real
property to the two Houses of the General Assembly and the
failure to act as provided in subsection (c) of this section,
each request for authorization to sell, dispose or transfer
real property shall become effective.
(f) For the purposes of subsection (b) of this section:
(1) Continuity of session shall be considered as broken
only by an adjournment of the General Assembly sine die.
(2) In the computation of the thirty-day period, there shall
be excluded the days on which either house is not in session
because of an adjournment of more than ten (10) days to a day
certain.
(g) Any provision of the request for authorization to sell,
dispose or transfer real property may, under provisions
contained therein, be made operative at a time later than the
date on which the request for authorization to sell, transfer
or dispose of real property otherwise takes effect.
(2018-A added July 11, 1990, P.L.424, No.103)
Section 2019-A. Campus Police Powers and Duties.--(a)
Campus police of an institution shall have the power and their
duty shall be:
(1) to enforce good order on the grounds and in the
buildings of the institution;
(2) to protect the grounds and buildings of the institution;
(3) to exclude all disorderly persons from the grounds and
buildings of the institution;
(4) to adopt means necessary for the performance of their
duties;
(5) to exercise the same powers as are now or may hereafter
be exercised under authority of law or ordinance by the police
of the municipalities wherein the institution is located,
including, but not limited to, those powers conferred pursuant
to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police
jurisdiction);
(6) to prevent crime, investigate criminal acts, apprehend,
arrest and charge criminal offenders and issue summary citations
for acts committed on the grounds of the institution and carry
the criminal offenders before the proper district justice and
prefer charges against them under the laws of this Commonwealth.

Except when acting pursuant to 42 Pa.C.S. Ch. 89 Subch. D,

campus police shall exercise these powers and perform these
duties only on the grounds of the institution. For the purposes
of applying the provisions of 42 Pa.C.S. Ch. 89 Subch. D, the
grounds of the institution shall constitute the primary
jurisdiction of the campus police.
(7) to order off the grounds and out of the buildings of
the institution all trespassers and persons under the influence
of alcohol or controlled substances and, if necessary, remove
them by force and, in case of resistance, carry them before a
district justice; and
(8) to arrest any person who damages, mutilates or destroys
the property of the institution or commits any other offense,
including threats or acts of terrorism, on the grounds and in
the buildings of the institution and carry that person before
the proper district justice and prefer charges against that
person under the laws of this Commonwealth.
(b) An institution is authorized to enter into an agreement
with the municipalities overlain by or abutting its campus to
exercise concurrently those powers and to perform those duties
conferred pursuant to a cooperative police service agreement
in accordance with 42 Pa.C.S. 8953 (relating to Statewide
municipal police jurisdiction). When so acting, the campus
police of the institution shall have the same powers, immunities
and benefits granted to police officers in 42 Pa.C.S. Ch. 89
Subch. D. All such agreements shall be consistent with the
mission and purpose of the system.
(c) When acting within the scope of the authority of this
section, campus police are at all times employes of the
institution and shall be entitled to all of the rights accruing
therefrom.
(2019-A added Dec. 23, 2003, P.L.304, No.48)
Section 2020-A. Articulation Agreements.--Funds appropriated
for program initiatives, including performance measurement and
systemwide technology initiatives, shall be contingent upon the
State System of Higher Education making all articulation
agreements with other higher education institutions available
on its Internet website.
(2020-A added July 11, 2006, P.L.1092, No.114)
ARTICLE XX-B.
EDUCATIONAL IMPROVEMENT TAX CREDIT.
(Art. repealed Oct. 9, 2009, P.L.451, No.48)
Section 2001-B. Scope. (2001-B repealed Oct. 9, 2009, P.L.451,
No.48)
Section 2002-B. Definitions. (2002-B repealed Oct. 9, 2009,
P.L.451, No.48)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2002-B, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2003-B. Qualification and application. (2003-B repealed
Oct. 9, 2009, P.L.451, No.48)
Section 2004-B. Application. (2004-B repealed Oct. 9, 2009,
P.L.451, No.48)
Section 2005-B. Tax credit. (2005-B repealed Oct. 9, 2009,
P.L.451, No.48)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2005-B, provided that Act 61 shall apply
retroactively to July 1 2008.

Section 2006-B. Limitations. (2006-B repealed Oct. 9, 2009,

P.L.451, No.48)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2006-B(c), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2007-B. Lists. (2007-B repealed Oct. 9, 2009, P.L.451,
No.48)
Section 2008-B. Guidelines. (2008-B repealed Oct. 9, 2009,
P.L.451, No.48)
ARTICLE XX-C
TRANSFERS OF CREDITS BETWEEN
INSTITUTIONS OF HIGHER EDUCATION
(Art. added July 11, 2006, P.L.1092, No.114)
Section 2001-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Career, technical or applied courses." Courses usually
offered as part of an associate degree curriculum designed to
prepare students for entry-level professions, not for transfer
to baccalaureate programs for advanced studies.
"Community college." An institution created pursuant to
Article XIX-A or the act of August 24, 1963 (P.L.1132, No.484),
known as the Community College Act of 1963.
"Degree objective courses." Courses required for completion
of a major in a subject area.
"Department." The Department of Education of the
Commonwealth.
"Developmental or remedial courses." Courses typically
consisting of reading, writing and math designed to prepare
students for college-level courses and that are not
transferable.
"Equivalent courses." Courses determined to have generally
equivalent content and level as determined by the faculty of
an institution of higher education consistent with the policy
at each institution.
"Foundation courses." Courses required to be completed by
students that provide an academic foundation for the degree,
general education or advanced study in a major.
"Independent institution of higher education." An
institution of higher education which is operated not for
profit, located in and incorporated or chartered by the
Commonwealth and entitled to confer degrees as set forth in 24
Pa.C.S. 6505 (relating to power to confer degrees) and to
apply to itself the designation "college" or "university" as
provided for by the standards and qualifications prescribed by
the State Board of Education pursuant to 24 Pa.C.S. Ch. 65
(relating to private colleges, universities and seminaries).
"Public institution of higher education." A community
college or an institution which is part of the State System of
Higher Education pursuant to Article XX-A.
"State-related institution." The Pennsylvania State
University, the University of Pittsburgh, Temple University,
Lincoln University and their branch campuses.
"Transfer and Articulation Oversight Committee." The
committee established under section 2004-C.
(2001-C added July 11, 2006, P.L.1092, No.114)
Section 2002-C. Duties of public institutions of higher
education.

(a) Completion.--Each public institution of higher education

shall complete all of the following by June 30, 2008:
(1) Participate in the development and implementation
of equivalency standards pursuant to section 2004-C(c)(1).
(2) Establish and maintain records and data detailing
the credits transferred to and received from other public
institutions of higher education as the department may
prescribe.
(3) Make any reasonable changes and modifications to
its foundation courses, including the strengthening of the
courses, to ensure equivalency of those credits among the
public institutions of higher education, as recommended by
the Transfer and Articulation Oversight Committee.
(4) Agree to accept for transfer foundation courses
determined to meet equivalency standards under section
2004-C(c)(2).
(b) Reporting requirements.--A public institution of higher
education shall submit to the department a series of interim
reports outlining the actions that the public institution of
higher education has undertaken or intends to undertake to
comply with subsection (a), which shall be filed December 31,
2006, June 30, 2007, and December 31, 2007.
(c) Other duties.--Each public institution of higher
education shall do all of the following:
(1) Agree to accept with full junior standing the
associate of arts or associate of science degree into a
parallel baccalaureate program as outlined in paragraph (3)
by the timelines established by the Transfer and Articulation
Oversight Committee but no later than December 31, 2011. For
purposes of this paragraph, an associate of arts or associate
of science degree is a degree designed primarily for transfer
to a baccalaureate institution and must contain a minimum
of 60 credits.
(2) Submit to the Department of Education interim
reports outlining the actions that the public institution
of higher education has undertaken or intends to undertake
to comply with paragraph (1).
(3) As a member of the Transfer and Articulation
Oversight Committee established in section 2004-C:
(i) Consult with the Department of Education on a
process and timeline, subject to approval by the
department, to identify the associate of arts or
associate of science degree aligned with the graduation
requirements of the parallel baccalaureate degree in all
public institutions of higher education in consultation
with faculty and personnel.
(ii) Identify associate of arts or associate of
science degree programs for transfer with full junior
standing into a parallel baccalaureate degree in
consultation with faculty and personnel in those degree
programs by December 31, 2011.
(iii) Identify modifications that may be required
in existing associate or baccalaureate degrees to satisfy
external accreditation or licensure requirements in
consultation with faculty and personnel. Approved
modifications shall recognize all competencies attained
within either the associate or baccalaureate programs.
(iv) Define requirements, in consultation with
faculty and personnel, for education degrees, including
early childhood education degrees, leading to
certification to be included in an associate degree and

to be accepted for transfer with full junior standing

into a parallel baccalaureate degree program.
((c) added June 30, 2011, P.L.112, No.24)
(2002-C added July 11, 2006, P.L.1092, No.114)
Section 2003-C. Duties of public institutions of higher
education and State-related institutions.
(a) Agreements.--Each public institution of higher education
and State-related institution shall provide the Transfer and
Articulation Oversight Committee with copies of all articulation
agreements for inclusion in the electronic database or software
program and portal provided for under section 2005-C(4) within
180 days of the effective date of this section.
(b) Reporting requirements.--The following shall apply to
reporting requirements:
(1) Each public institution of higher education and
State-related institution shall submit to the department a
series of interim reports that describe the status of the
institution's articulation agreements, which shall include
all of the following:
(i) The number of students who have transferred to
the public institution of higher education or
State-related institution by institution of origin within
the last academic year or since submittal of the
institution's last interim report required under this
section.
(ii) The total number of credits completed by
transfer students at the institution of origin.
(iii) The total number of credits from each
institution of origin that transferred to the public
institution of higher education or State-related
institution for each academic year.
(iv) An explanation of the credit transfer process
at the institution.
(v) Any other information related to the credit
transfer process as requested by the department,
including the useability of transfer credits.
(2) Each public institution of higher education and
State-related institution shall submit its first interim
report required under this section 180 days after the
effective date of this section.
(3) ((3) expired July 1, 2012. See Act 114 of 2006.)
(2003-C added July 11, 2006, P.L.1092, No.114)
Section 2004-C. Transfer and Articulation Oversight Committee.
(a) Establishment and membership.-(1) In order to develop and implement equivalency
standards as provided for in subsection (c)(1), there is
hereby established within the department, the Transfer and
Articulation Oversight Committee. The committee shall be
comprised of the following members:
(i) The Secretary of Education or his designee, who
shall serve as chair of the committee.
(ii) Members appointed by the secretary as follows:
(A) One member representing each of the
community colleges and one member representing the
Commission for Community Colleges.
(B) One member representing each institution of
the State System of Higher Education and one member
representing the Office of the Chancellor.
(C) One member representing each of the
State-related institutions, who shall serve as a
nonvoting member but shall retain all other duties
associated with membership on the committee. If the

State-related institution elects to participate under

section 2006-C, the member representing the
State-related institution shall be entitled to vote.
(D) One member representing each independent
institution of higher education that elects to
participate under section 2006-C.
(2) Members shall be appointed to four-year terms. Terms
of committee members shall be staggered.
(b) Dispute resolution subcommittee.-(1) The chair of the committee shall appoint a dispute
resolution subcommittee comprised of:
(i) Three members appointed under subsection
(a)(1)(ii)(A).
(ii) Three members appointed under subsection
(a)(1)(ii)(B).
(iii) One member appointed under subsection
(a)(1)(ii)(D).
(2) The chair of the committee may add members to the
dispute resolution subcommittee.
(3) The dispute resolution subcommittee shall develop
dispute resolution policies and procedures to be utilized
when disputes arise relating to the transfer and application
of credits under this article.
(c) Duties of Transfer and Articulation Oversight
Committee.--The committee shall:
(1) Within 180 days of the effective date of this
section, develop, in consultation with faculty and personnel,
equivalency standards for foundation courses and provide
these standards to the department, the Education Committee
of the Senate, the Education Committee of the House of
Representatives, the Appropriations Committee of the Senate
and the Appropriations Committee of the House of
Representatives.
(2) Within one year of the effective date of this
section, determine equivalent courses for at least 30 hours
of foundation courses, not including developmental or
remedial courses or career, technical or applied courses,
in consultation with faculty and personnel.
(3) Develop an assessment/evaluation plan and identify
appropriate information and collect appropriate data to
ensure the effectiveness of section 2002-C and make necessary
revisions thereto over time.
(4) Review interim reports submitted to the department
and, within 90 days of receipt of each report, recommend to
the department action to be taken by the committee to enable
the transfer of credits among public institutions of higher
education and institutions that elect to participate under
section 2006-C.
(5) Submit an annual report to the General Assembly
that details the progress made by the public institutions
of higher education and institutions that elect to
participate under section 2006-C in furtherance of enabling
the transfer of credits between such institutions and which
recommends further action to be taken.
(2004-C added July 11, 2006, P.L.1092, No.114)
Section 2005-C. Duties of department.
The department shall:
(1) Convene a meeting, within 60 days of the effective
date of this section, of the Transfer and Articulation
Oversight Committee.
(2) Request information and data from the public
institutions of higher education and institutions that elect

to participate under section 2006-C so as to identify

foundation courses offered at the institutions and any
articulation agreements currently established between the
institutions that include foundation courses.
(3) Provide technical assistance to the public
institutions of higher education and the institutions that
elect to participate under section 2006-C.
(4) Provide for an electronic database or software
program and portal for the purpose of providing access to
all of the following information on an Internet website:
(i) Articulation agreements entered into by public
institutions of higher education and institutions that
elect to participate under section 2006-C.
(ii) The annual report to the General Assembly as
required by section 2004-C(c)(5).
(iii) At the request of a public institution of
higher education or an institution that elects to
participate under section 2006-C, any articulation
agreements.
(2005-C added July 11, 2006, P.L.1092, No.114)
Section 2006-C. Participation by independent institutions of
higher education or State-related institution.
An independent institution of higher education or a
State-related institution may elect to participate through the
adoption of equivalency standards as provided for in subsection
2004-C(c)(1) by its governing body.
(2006-C added July 11, 2006, P.L.1092, No.114)
Section 2006.1-C. Participation by State-related institutions.
(a) Identification.--Each State-related institution shall
identify 30 credit hours of course content from equivalent
courses identified under this article that it will accept from
a student accepted for transfer from an institution of higher
education participating in this article. A State-related
institution shall count a course in the same manner that it
would count the same or equivalent course if taken by a student
at the State-related institution. A State-related institution
that previously identified 30 credit hours shall be deemed to
have satisfied the provisions of this subsection.
(b) Posting.--Each State-related institution shall make the
information identified under subsection (a) available to the
department for posting on the department's publicly accessible
Internet website.
(c) Construction.--Nothing in this section shall be
construed to do any of the following:
(1) Require a State-related institution to apply a
course to graduation or degree requirements if that course
or its equivalent course would not be applied to graduation
or degree requirements if taken at the State-related
institution.
(2) Infringe on a State-related institution's sole
authority to accept a student for transfer, to determine
acceptance into a major, to determine the campus assignment
of the student or to determine how many and which credit
hours shall apply for the transfer student toward the
completion of a degree. The manner in which accepted courses
apply toward completion of a degree and whether they are
counted for general education, major or free elective credit
shall be subject to the requirements established by the
accepting State-related institution for each individual major
or program of study.

(3) Prohibit a State-related institution's ability to

enter into discussions with the department to increase the
number of credits under subsection (a).
(2006.1-C added June 30, 2011, P.L.112, No.24)
Section 2007-C. Applicability.
Nothing in this article shall do any of the following:
(1) Preclude any institution of higher education from
establishing institution-to-institution articulation
agreements.
(2) Void articulation agreements that have been
established prior to the effective date of this section.
(2007-C added July 11, 2006, P.L.1092, No.114)
ARTICLE XX-D
STATE-RELATED UNIVERSITY REPORTING
(Art. added July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which added
Article XX-D, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2001-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Academic and administrative support units." Any
organizational entity, as defined in the organizational manual
of the university, that reports directly to the president of
the university, chief academic officer or vice president,
including the office of the president, chief academic officer
and vice president.
"Department." The Department of Education of the
Commonwealth.
"Expenditures." Disbursements or payments of State
appropriations, tuition and fees supporting operational,
educational or other general categories of expenses as defined
in: the generally accepted accounting principles as prescribed
by the National Association of College and University Business
Officers, the American Institute of Certified Public
Accountants, or by their successors, or by any other recognized
authoritative body; the "Commonwealth of Pennsylvania Budget
Instructions for the State System of Higher Education,
State-Related Universities and Non-State-Related Colleges and
Universities"; and the financial reporting policies and
standards promulgated by the Commonwealth of Pennsylvania and
by the Federal Government that apply to The Pennsylvania State
University.
"Revenue." All State appropriations, tuition and fees.
"State-related institution." The Pennsylvania State
University, the University of Pittsburgh, Temple University,
Lincoln University and their branch campuses.
(2001-D added July 9, 2008, P.L.846, No.61)
Section 2002-D. Reporting guidelines.
In any year a State-related institution receives a
nonpreferred appropriation, a report shall be submitted in
electronic format to the department and the Joint State
Government Commission and shall include data for all programs.
The report, to be submitted prior to September 1, shall cover
the 12-month period beginning with the summer term of the
preceding year and shall include:

(1) The following counts and distributions for each

term during the period:
(i) The definitions and numbers of faculty members
employed full time, of faculty members employed part
time, of full-time students enrolled in graduate courses,
of full-time students enrolled in undergraduate courses,
of part-time students enrolled in graduate courses and
of part-time students enrolled in undergraduate courses.
(ii) The total numbers of undergraduate student
credit hours, divided into lower division and upper
division course levels, and of graduate student credit
hours, divided into three course levels: master's, first
professional and doctoral.
(iii) The number of different courses scheduled by
level of instruction and the number of sections of
individual instruction scheduled by level of instruction,
each further subdivided by two-digit Classification of
Instructional Program (CIP) categories of instructional
programs of higher education as defined by the National
Center for Education Statistics, United States Department
of Education.
(iv) The number of terms scheduled and the dates
thereof.
(2) For the summer term and the following academic year
in total and for each two-digit CIP program category, a
classification of faculty members or other professional
employees by title, including: professor, associate
professor, assistant professor, instructor, lecturer,
research associate, librarian and academic administrator;
faculty members or other professional employees under each
title to be subdivided by type of assignment: teaching and
nonteaching; and each such set of faculty members or other
professional employees to be further subdivided by type of
employment: full-time or part-time; and the following
aggregates for each such subdivided classification:
(i) The number of faculty and other professional
employees and their full-time equivalence in
instructional and noninstructional functions.
(ii) The sum of credits assigned to undergraduate
classroom courses and the sum of credits assigned to
graduate classroom courses taught, divided into lower
division, upper division, master's, first professional
and doctoral course levels.
(iii) The sum of credits assigned to undergraduate
individual instruction courses and the sum of credits
assigned to graduate individual instruction courses
taught, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(iv) The sum of undergraduate classroom student
credit hours and the sum of graduate classroom student
credit hours generated, divided into lower division,
upper division, master's, first professional and doctoral
course levels.
(v) The sum of undergraduate individual instruction
student credit hours and the sum of graduate individual
instruction student credit hours generated, divided into
lower division, upper division, master's, first
professional and doctoral course levels.
(vi) The total salary paid for instructional
functions and for noninstructional functions and the
amount of this salary paid for each of these functions
from university funds, Federal funds and other funds.

(3) For each term of the period covered for each faculty
member employed full time identified by two-digit CIP program
category and title, the report shall contain an analysis of
the average hours per week spent in university-related
activities, stating specifically hours spent in undergraduate
classroom contact and graduate classroom contact, hours spent
in preparation, hours spent in research and hours spent in
public service.
(2002-D added July 9, 2008, P.L.846, No.61)
Section 2003-D. Additional report requirements.
In addition to the requirements in section 2002-D relative
to any appropriation, the report covering the 12-month period
shall include for all programs of the university:
(1) Minimum number of credits required for a
baccalaureate degree and for a master's degree.
(2) Number of bachelor's degrees, master's degrees,
first professional degrees and doctoral degrees awarded for
the previous five years and those estimates for that year.
(2003-D added July 9, 2008, P.L.846, No.61)
Section 2004-D. Disclosure.
(a) Expenditures.--The university shall disclose the
following:
(1) Revenue and expenditure budgets of the university's
academic and administrative support units for the current
fiscal year.
(2) The actual revenue and expenditures for the prior
year in the same format as the information reported under
paragraph (1).
(3) For any defined project or program which is the
subject of a specific line item appropriation from the
General Fund, the university shall disclose the following:
(i) Revenue and expenditure budgets of the defined
program or project for the current fiscal year.
(ii) The actual revenue and expenditures of the
defined program or project for the prior year in the
same format as the information reported under paragraph
(1).
(4) The revenue and expenditures of any auxiliary
enterprise which is directly funded in whole or in part by
tuition or a State appropriation for the current fiscal year.
(b) Prior fiscal year.--The university shall provide the
following additional information for the prior fiscal year for
each academic or administrative support unit, for each defined
project or program and for any auxiliary enterprise:
(1) The number of employees by academic rank and by
classification the number of administrators, staff, clerical
and technical service employees.
(2) Median and mean salary by academic rank and by
classification the median and mean salaries of
administrators, staff, clerical and technical service
employees.
(3) Nonsalary compensation as a percentage of salary.
Nonsalary compensation shall include, but not be limited to,
medical benefits, life insurance benefits, pension benefits,
leave benefits, employer Social Security payments and
workers' compensation benefits.
(4) A statement of the university's retirement policies.
(5) A policy statement relating to a reduction of
tuition for employees' family members.
(6) A list of purchase of service contracts which exceed
$1,000 by category of service, including, but not limited
to, legal, instructional, management, accounting,

architecture, public relations and maintenance. The list

shall contain the name and address of the contractor, a
statement of the nature of the duties of the contractor and
the academic and administrative support unit for which the
duties are performed. If a purchase of service contract
exceeds 10% of the total aggregate expenditure of the
contract category per academic or administrative support
unit, then the contracted amount shall also be listed.
(7) A list of purchase of goods contracts which exceed
$1,000. The list shall contain the name and address of the
contractor and a list of the goods purchased and the academic
or administrative support unit for which such goods were
contracted. If a purchase of goods contract exceeds 10% of
the total aggregate expenditure per academic or
administrative support unit, then the contracted amount shall
also be listed.
(8) A list by academic or administrative support unit
in the aggregate of the expenses of travel, subsistence and
lodging, whether provided or reimbursed.
(c) Format.--The university shall submit in electronic
format a report of the information under subsections (a) and
(b) to the department and the Joint State Government Commission.
Each such institution shall maintain a copy of the report in
the institution's library and shall submit a copy to each of
the four State regional library resource centers.
(d) Time frame.--A university's report required to be
submitted under this section shall be submitted within 180 days
of the close of the university's current fiscal year.
(e) Minutes.--The university shall make a copy of the
minutes of each public meeting of the institution's board of
trustees, as well as a copy of the institution's integrated
postsecondary education data systems report, available for
public inspection in the institution's library.
(2004-D added July 9, 2008, P.L.846, No.61)
Section 2005-D. Comparative analysis and posting by commission.
The Joint State Government Commission shall develop a
statistical comparison analysis recognizing differences in
missions from the reports made under this article. A majority
of the members of the commission may request additional
documentation, except for salary or identity of individuals,
necessary to complete the comparative analysis. The comparison
shall be provided to the Education Committee of the Senate and
the Appropriations Committee of the Senate and the Education
Committee of the House of Representatives and the Appropriations
Committee of the House of Representatives and the four State
regional libraries. The comparative analysis shall be posted
on the Joint State Government Commission's Internet website for
a period of no less than five years from the date of submission.
(2005-D added July 9, 2008, P.L.846, No.61)
Section 2006-D. Posting of reports by department.
The reports required under this article shall be posted on
the department's Internet website for a period of no less than
five years from the date of submission.
(2006-D added July 9, 2008, P.L.846, No.61)
ARTICLE XX-E
OLDER PENNSYLVANIAN HIGHER EDUCATION PROGRAM
(Art. added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
Article XX-E, provided that any regulations that are

inconsistent with Act 104 are hereby abrogated to the

extent of the inconsistency.
Section 2001-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"AAA." An area agency on aging which acts as the local
representative of the Department of Aging.
"Institution of higher education." Any of the following:
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education under Article XX-A.
(3) A State-related institution as defined in section
1502-A.
(4) Thaddeus Stevens College of Technology.
(5) Any accredited private or independent college or
university.
"Older adult." A resident of this Commonwealth who is 60
years of age or older and has been a resident of this
Commonwealth for at least 90 days.
"Program." An Older Pennsylvanian Higher Education Program
established under section 2002-E.
(2001-E added Nov. 17, 2010, P.L.996, No.104)
Section 2002-E. Program guidelines.
(a) General rule.--An institution of higher education may,
at its option, develop a program to permit older adults to
enroll in higher education courses at no charge for tuition.
For purposes of this article, tuition shall not include any
additional fees or surcharges that are required for enrollment
in a particular course or in addition to the traditional student
tuition.
(b) Guidelines.--Each institution of higher education that
develops a program shall promulgate specific guidelines
regarding procedures and administration of the program,
including, but not limited to, the following:
(1) Admitting participating older adults.
(2) Determining the availability of higher education
courses.
(3) Determining if the program will be for credit,
noncredit, certification, degree or enrichment.
(4) Disseminating to the local AAA a complete program
description and technical assistance that explains the
process of admission and enrollment in higher education
courses offered by the higher education institution.
(5) Coordinating with the local AAA to publicize and
advertise the program.
(6) Outlining course rules and responsibilities for
participating older adults.
(2002-E added Nov. 17, 2010, P.L.996, No.104)
ARTICLE XX-F
COURSE MATERIALS AT INSTITUTIONS OF HIGHER EDUCATION
(Art. added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
Article XX-F, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.
Section 2001-F.

Scope of article.

This article relates to college textbook affordability,

accountability and accessibility.
(2001-F added Nov. 17, 2010, P.L.996, No.104)
Section 2002-F. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Advisory committee." The College Textbook Policies Advisory
Committee established under this article.
"Bundle." One or more college textbooks or other
supplemental materials that may be packaged together to be sold
as course materials for one price.
"Campus." The grounds and buildings of an institution of
higher education that are designated as such by the institution
of higher education.
"Campus bookstore." The bookstore on the campus of, or
otherwise associated with, an institution of higher education.
"College textbook." A textbook or set of textbooks used
for, or in conjunction with, a course in postsecondary education
at an institution of higher education.
"Custom textbook." A college textbook that is compiled by
a publisher at the direction of a faculty member or other person
or adopting entity in charge of selecting course materials at
an institution of higher education and may include, alone or
in combination, items, such as selections from original
instructor materials, previously copyrighted publisher materials
or copyrighted third-party works. This term does not include
purely aesthetic changes to a textbook when compared with a
prior edition, such as a commemorative edition.
"Institution of higher education" or "institution." Any of
the 14 State-owned universities that are part of the
Pennsylvania State System of Higher Education, including the
four State-related universities. The term also includes
community colleges that are members of the Pennsylvania
Commission for Community Colleges and independent or private
colleges or universities that receive an assistance grant under
the act of July 18, 1974 (P.L.483, No.174), known as The
Institutional Assistance Grants Act.
"Integrated textbook." A college textbook that is combined
with:
(1) supplemental materials developed by a third party
and that, by third-party contractual agreement, may not be
offered by publishers separately from the college textbook;
or
(2) supplemental materials that are so interrelated
with the content of the college textbook that the separation
of the college textbook from the supplemental materials would
render the college textbook unusable for its intended
purpose.
"ISBN." International Standard Book Number.
"Publisher." An entity that publishes college textbooks or
supplemental materials and markets college textbooks or
supplemental materials to faculty members at institutions of
higher education. The term does not include a wholesaler.
"Substantial content." Parts of a college textbook, such
as new chapters, additional eras of time, new themes or new
subject matter.
"Supplemental material." Educational material developed to
accompany a college textbook, which may include printed
materials, computer disks, Internet website access and
electronically distributed materials, and that is not being
used as a component of an integrated textbook.

(2002-F added Nov. 17, 2010, P.L.996, No.104)

Section 2003-F. Publisher requirements.
(a) Pricing information disclosure.--When a publisher
provides a faculty member or entity in charge of selecting
course materials at an institution of higher education with
information regarding a college textbook or supplemental
material, the publisher shall include, in writing or
electronically, the following:
(1) The price at which the publisher would make the
college textbook or supplemental material available to the
campus bookstore of the institution of higher education.
(2) The copyright dates of the three previous editions
of the college textbook or supplemental material, if any.
(3) The substantial content revisions made between the
current edition of the college textbook or supplemental
material and the previous edition, if any.
(4) Whether the college textbook or supplemental
material is available in any other format, including
paperback and unbound, and the price at which the publisher
would make the college textbook or supplemental material in
the other format available to the campus bookstore of such
institution of higher education.
(b) Unbundling of college textbooks from supplemental
materials.-(1) (i) A publisher that sells a college textbook and
any supplemental material accompanying the college
textbook as a bundle shall also make available the
college textbook and each supplemental material as
separate and unbundled items, each separately priced.
(ii) This paragraph shall not apply to an integrated
textbook.
(2) A publisher is not required to make available
supplemental items developed by a third party and that, by
third-party contractual agreement, may not be offered by the
publisher separately from the college textbook.
(c) Custom textbooks.--When a faculty member or entity in
charge of selecting course materials at an institution of higher
education directs a publisher to compile a custom textbook, the
publisher shall provide, in writing or electronically, prior
to accepting an order for the custom textbook, the price at
which the publisher would make the custom textbook available
to the campus bookstore.
(2003-F added Nov. 17, 2010, P.L.996, No.104)
Section 2004-F. Faculty members and academic departments.
(a) General duties of faculty members.--A faculty member
or entity in charge of selecting college textbooks, supplemental
materials or bundled textbook packages for an institution of
higher education shall:
(1) Consider the least costly practices in assigning
college textbooks, consistent with educationally sound
practices as determined by the appropriate faculty or entity.
(2) Consider the use of college textbooks, supplemental
materials and bundled textbook packages for a longer period
of time, to the extent they are not outdated.
(3) Work with bookstores to review timeliness and the
processes involved in ordering and stocking selected course
materials, disclose college textbook costs to students and
actively promote and publicize book buyback programs.
(4) Provide a statement to the entity designated by the
president or chancellor of the institution to disseminate
the information required under section 2005-F(a) detailing
college textbooks or supplemental materials, whether bundled

or unbundled, that are required or recommended for the

course. Where possible, the statement shall indicate if an
earlier edition may be effective for use by a student.
(5) Encourage participation in college textbook rental
programs that exist or may exist in the future.
(b) Prohibited conduct by faculty and academic
departments.-(1) No faculty member or academic department may demand
or receive any payment, loan, subscription, advance, deposit
of money, services or any thing, present or promised, as an
inducement for requiring students to purchase a specific
college textbook required for coursework or instruction.
(2) Notwithstanding the provisions of paragraph (1), a
faculty member or academic department may receive:
(i) Sample copies, instructor's copies or
instructional material.
(ii) Royalties or other compensation from the sale
of college textbooks that include the writing or work
of the particular faculty member or academic department.
(3) A violation of this subsection may result in the
institution taking disciplinary action, subject to any
contractual requirements, against the faculty member or
academic department, including, where appropriate, referral
to law enforcement.
(c) Construction.--Nothing in this section shall be
construed:
(1) To prohibit a faculty member or academic department
from requiring the most recent edition of a college textbook.
(2) To supersede the institutional autonomy or academic
freedom of instructors, faculty members or academic
departments involved in the selection of college textbooks,
supplemental materials and other classroom materials.
(2004-F added Nov. 17, 2010, P.L.996, No.104)
Section 2005-F. Responsibilities of institutions of higher
education.
(a) General rule.--Except as otherwise provided in this
section, each institution, to the maximum extent practicable,
shall make available, at student registration and throughout
the year on its Internet website and upon written request, a
listing of all college textbooks and supplemental materials,
including the ISBN, required and recommended for courses to be
offered during the upcoming term, provided that:
(1) If the ISBN is not available, the institution shall
include the author, title, edition, publisher and copyright
date for the college textbook or supplemental material.
(2) If the institution determines that the disclosure
of the information relating to a college textbook or
supplemental material is not practicable, then the
institution shall so indicate by placing the designation "To
Be Determined" in lieu of the information required in
paragraph (1). As this information becomes available, it
shall be posted on the institution's Internet website and
provided as soon as possible to students and those who have
previously requested such information.
(b) Publication.--The institution shall provide the
information required under subsections (a) and (d) to existing
and accepted incoming students by posting the information on
the institution's Internet website used for course scheduling,
preregistration and registration. The institution shall inform,
in writing, students and all others who make a written request
for such information of the availability of the information.
The posting of this information on the Internet website of the

campus bookstore shall satisfy the provisions of this section,

provided that the information is freely available to students
and the general public.
(c) Information to bookstore.--An institution of higher
education shall make available to a bookstore that is operated
by, or in a contractual relationship or otherwise affiliated
with, the institution and shall also make available to
off-campus bookstores upon request, as soon as practicable after
the request of the bookstore, the most accurate information
available relating to:
(1) The institution's course schedule for the subsequent
academic period.
(2) For each course or class offered by the institution
for the subsequent academic period:
(i) The information required by subsection (a) for
each college textbook or supplemental material required
or recommended for the course or class.
(ii) The number of students enrolled in such course
or class.
(iii) The maximum student enrollment for such course
or class.
(d) Dissemination of other information to students.--An
institution of higher education is encouraged to disseminate
to students information relating to:
(1) Available guaranteed programs for renting college
textbooks or for purchasing used college textbooks.
(2) Available college textbook buyback programs.
(3) Available alternative content delivery programs,
including digital textbooks.
(4) Other available cost-saving strategies for acquiring
college textbooks and supplemental materials.
(5) Campus and off-campus bookstore information, to the
extent available, including location, hours and Internet
website information.
(e) Provision of information to students.--An institution
of higher education is encouraged to provide all current and
accepted students the information set forth in subsection (d)
as it relates to the campus bookstore with which it has a
contractual relationship.
(f) Construction.--Nothing in this section shall be
construed to prohibit or restrict the ability of a bookstore
from also providing textbook information to students.
(2005-F added Nov. 17, 2010, P.L.996, No.104)
Section 2006-F. College textbook rental program.
(a) General rule.--An institution of higher education may,
with the approval of the administration, authorize the
establishment of a college textbook rental program for the
students of any campus. Programs may receive and use Federal,
State and private funding to aid in the establishment of such
programs.
(b) Task force.--The administrators of a campus with a
college textbook rental program may convene a task force to
determine recommended policies and procedures to establish and
operate a college textbook rental program. The task force must
include students, faculty, administrators and bookstore
managers.
(c) Textbook selection.--The program may not limit the
rights of faculty to select appropriate textbooks in accordance
with established policies and procedures.
(d) Powers of campuses with college textbook rental
programs.--The administrators of a campus with a college
textbook rental program may:

(1) Establish policies for the program, including, but

not limited to, implementing practices to achieve the best
possible purchase price for college textbooks and for the
provision of rental services. The policies shall be developed
with the input of faculty, students and bookstores.
(2) Institute other procedures necessary to establish
and operate the program in accordance with the provisions
of this article.
(3) Charge students a fine for any late, lost or damaged
books, as determined by the program, provided that students
may not be charged a fine for normal textbook wear and tear.
(4) Students shall not be required to participate in a
college textbook rental program.
(e) Construction.--Nothing in this section shall be
construed to:
(1) change or limit any existing textbook rental program
or program in existence at an institution of higher education
prior to the effective date of this section; or
(2) restrict an institution of higher education from
establishing or piloting other textbook rental models or
programs as deemed appropriate by the institution of higher
education.
(2006-F added Nov. 17, 2010, P.L.996, No.104)
Section 2007-F. Electronic versions of college textbooks.
(a) General rule.--No later than January 1, 2020, an
individual, firm, partnership or corporation that publishes
college textbooks offered for sale at institutions of higher
education shall, to the extent practicable, make the college
textbooks available, in whole or in part, for sale in an
electronic format when commercially reasonable.
(b) Construction.--Nothing in this section shall be
construed to authorize any use of instructional materials that
would constitute an infringement of copyright under Federal
law.
(c) Definition.--For purposes of this section, "college
textbook" means a book, not including a novel, that contains
printed material and is intended for use as a source of study
material for a class or group of students, a copy of which is
expected to be available for the use of each of the students
in that class or group.
(2007-F added Nov. 17, 2010, P.L.996, No.104)
Section 2008-F. College textbook adoption policies.
(a) General rule.--An institution of higher education may
implement policies, procedures and guidelines that promote
efforts to minimize the cost of college textbooks for students
at the institution while maintaining the quality of education
and academic freedom. The policies, procedures and guidelines
shall ensure that:
(1) The adoption of a college textbook by a faculty
member is made with sufficient lead time so as to confirm
availability of the requested materials and, where possible,
ensure maximum availability of used college textbooks.
(2) (i) During the college textbook adoption process,
the intent to use all items ordered, particularly each
individual item sold as part of a bundled package, is
affirmatively confirmed before the adoption is finalized
by the faculty member.
(ii) If the faculty member does not intend to use
each item in a bundled package, the faculty member shall
notify the bookstore, and the bookstore shall order the
individualized items if:

(A) Procurement of the individualized items is

cost effective for both the institution and the
students.
(B) The individualized items are made available
by the publisher.
(3) Faculty members affirmatively acknowledge the quoted
retail price to the bookstore of any college textbook
selected for use in each course.
(4) Faculty members shall give due consideration to
both the educational value and cost of new edition college
textbooks and any supplemental materials when previous
editions do not significantly differ in a substantive way,
as determined by the appropriate faculty member.
(5) Required or assigned college textbooks are made
available to students who are otherwise unable to afford the
cost.
(6) Decisions regarding textbook adoption are made in
a timely manner to ensure a bookstore's ability to have
textbooks available for the first day of class.
(b) (Reserved).
(2008-F added Nov. 17, 2010, P.L.996, No.104)
Section 2009-F. College Textbook Policies Advisory Committee.
(a) Establishment.--A standing committee of the State Board
of Education to be known as the College Textbook Policies
Advisory Committee is established. The Department of Education
shall provide staff support for the advisory committee.
(b) Membership.--The advisory committee shall be comprised
of:
(1) The Deputy Secretary for Higher Education of the
Department of Education or a designee.
(2) The chairman of the State Board of Education Higher
Education Council or a designee.
(3) One faculty member representing the State System
of Higher Education as recommended by the Chancellor of the
State System of Higher Education.
(4) One faculty member representing each of the
State-related institutions as recommended by the chancellors
of the State-related institutions.
(5) One faculty member representing community colleges
as recommended by the Commission for Community Colleges.
(6) One faculty member representing private and
independent colleges and universities as recommended by the
Association of Independent Colleges and Universities of
Pennsylvania.
(7) The chairman and minority chairman of the Education
Committee of the Senate and the chairman and minority
chairman of the House of Representatives or their designees.
(8) Nine members appointed by the chairman of the State
Board of Education as follows:
(i) Three members representing college bookstores
with one representing campus bookstores, one representing
off-campus bookstores and one representing online
bookstores that focus primarily on the sale of college
textbooks.
(ii) Two members representing textbook publishers.
(iii) Four student members representing college
students, of whom one must attend a State System of
Higher Education institution, one must attend
aState-related institution, one must attend a community
college and one must attend an independent or private
college or university within this Commonwealth. The
student members shall be appointed, respectively, by the

chairman from a list of students recommended by the

Chancellor of the State System of Higher Education, the
chancellors of the State-related institutions, the
Commission for Community Colleges or the Association of
Independent Colleges and Universities of Pennsylvania.
(9) One member possessing a background in information
technology-electronic media appointed by the chairman of the
State Board of Education.
(c) Recommendations.--The advisory committee shall examine
national and international efforts relating to college textbook
affordability and accessibility and make recommendations that:
(1) Ensure that students have access to affordable
course materials by decreasing costs to students and
enhancing transparency and disclosure with respect to the
selection, purchase, sale and use of course materials.
(2) Identify ways to decrease the cost of college
textbooks and supplemental materials for students while
supporting the academic freedom of faculty members to select
high quality course materials for students.
(3) Encourage college textbook publishers and
distributors to work with faculty to promote understanding
of the cost to students of purchasing faculty-selected
college textbooks, including the disclosure of prices and
bundling practices.
(4) Encourage innovation in the development and use of
course materials, including open-source college textbooks
and other open-source educational resources, that can help
students receive the full value of their educational
investment without excessive cost.
(5) Ensure that faculty members are informed of accurate
and relevant pricing information for course materials and
that students are protected as a consumer group.
(6) Make recommendations to the General Assembly and
the State Board of Education to strengthen existing State
laws and regulations and to propose any additional and
necessary State laws and regulations.
(d) First meeting.--The advisory committee shall hold its
first meeting within 60 days of the effective date of this
section. The advisory committee shall meet at least once
quarterly. Members of the advisory committee shall serve without
compensation. The deputy secretary for Higher Education of the
Department of Education shall serve as committee chair.
(e) Report.--No later than 18 months after the effective
date of this section, the advisory committee shall make a report
to the State Board of Education that outlines its findings and
recommendations. The report shall also be delivered to the
Governor's Office, members of the Education Committee of the
Senate and members of the Education Committee of the House of
Representatives. The report shall be updated every three years
and may also be posted on the Department of Education's Internet
website.
(2009-F added Nov. 17, 2010, P.L.996, No.104)
ARTICLE XX-G
SEXUAL VIOLENCE EDUCATION AT
INSTITUTIONS OF HIGHER EDUCATION
(Art. added Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added
Article XX-G, provided that any regulations that are
inconsistent with Act 104 are hereby abrogated to the
extent of the inconsistency.

Section 2001-G. Scope of article.

This article relates to college and university sexual
violence education.
(2001-G added Nov. 17, 2010, P.L.996, No.104)
Section 2002-G. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
" Department. " The Department of Education of the
Commonwealth.
" Education program. " A sexual violence education program
under this article.
"Independent institution of higher education." As defined
in the act of November 29, 2004 (P.L.1383, No.180), known as
the Uniform Crime Reporting Act.
" Institution of higher education. " An independent
institution of higher education, a community college, a
State-related institution or a member institution of the State
System of Higher Education.
" Matriculating. " Enrolling in an institution of higher
education or private licensed school.
" Private licensed school. " As defined in the act of
December 15, 1986 (P.L.1585, No.174) , known as the Private
Licensed Schools Act.
" Sexual violence. " An act of sexual violence as defined
in 42 Pa.C.S. 6402 (relating to definitions).
" Student. " A person who is enrolled on a full-time basis
at an institution of higher education or private licensed
school.
(2002-G added Nov. 17, 2010, P.L.996, No.104)
Section 2003-G. Education program.
(a) General rule.--Institutions of higher education and
private licensed schools shall establish a sexual violence
awareness educational program. Institutions of higher education
and private licensed schools may collaborate with a Statewide
nonprofit organization, local rape crisis center or local sexual
assault program that arranges for the provision of services to
sexual violence and rape victims in the development of a sexual
violence awareness education program. Each education program
shall provide the following:
(1) A discussion of sexual violence.
(2) A discussion of consent, including an explanation
that the victim is not at fault.
(3) A discussion of drug and alcohol-facilitated sexual
violence.
(4) Information relating to risk education and personal
protection.
(5) Information on where and how to get assistance,
including the importance of medical treatment and evidence
collection, and how to report sexual violence to campus
authorities and local law enforcement.
(6) The possibility of pregnancy and transmission of
sexual diseases.
(7) Introduction of members of the educational community
from:
(i) Campus police or security and local law
enforcement.
(ii) Campus health center, women's center and rape
crisis center.

(iii) Campus counseling service or any service

responsible for psychological counseling and student
affairs.
(8) A promise of discretion and dignity.
(9) A promise of confidentiality for victims of sexual
assault.
(b) Student bill of rights.--Consistent with the campus
sexual assault victims' bill of rights under section 485(f)(8)
of the Higher Education Act of 1965 (Public Law 89-329, 20
U.S.C. 1092 (f)(8)), a student bill of rights shall be made
available to students.
(2003-G added Nov. 17, 2010, P.L.996, No.104)
Section 2004-G. Follow-up.
An institution of higher education and private licensed
school shall conduct a follow-up program for the duration of
the school year for new students. The program may consist of
the following:
(1) Lecturers relating to sexual violence prevention
and awareness.
(2) Institutional activities relating to sexual violence
prevention and awareness.
(3) Videos and other educational materials relating to
sexual violence prevention and awareness.
(2004-G added Nov. 17, 2010, P.L.996, No.104)
Section 2005-G. Duties of department.
The department shall:
(1) Ensure compliance with this article.
(2) Solicit the cooperation of other agencies,
institutions and organizations, both public and private, in
carrying out the provisions of this article.
(3) Otherwise administer the provisions of this article.
(2005-G added Nov. 17, 2010, P.L.996, No.104)
Section 2006-G. Report.
An institution of higher education and a private licensed
school shall report to the department on the implementation of
the education program by the institution or school.
(2006-G added Nov. 17, 2010, P.L.996, No.104)
ARTICLE XXI.
SCHOOL DISTRICTS OF THE FIRST CLASS.
Compiler's Note: Section 26 of Act 46 of 1998 in the
appendix to this act for special provisions relating to
length of instructional year, contractual duties of
professional employees and failure to unlock, open or
maintain a school building.
Section 2101. Additional Provisions.--Subject to the general
provisions of this act, and in addition to the several
provisions regulating the affairs of school districts of the
first class, as otherwise provided, the following additional
provisions shall relate to and regulate school districts of the
first class.
(a)

Administration of Schools.

Section 2102. Board of Public Education.--In each school

district of the first class, the board of school directors
herein provided shall be known and designated as "The Board of
Public Education" of said district.

The board of public education in each school district of the

first class shall succeed to, and shall have and possess, all
the powers, rights and privileges, not inconsistent with this
act, which the present existing board of public education in
its respective district now lawfully has.
Section 2103. Board of Public Education; Additional
Duties.--The duties of the board of public education in
districts of the first class, in addition to the duties
prescribed in this act, shall be-(1) To define the general policies of the school system,
(2) To legislate upon all matters pertaining thereto,
(3) To determine and direct all expenditures for the
maintenance and improvement of the school system,
(4) To appoint the officers herein prescribed and define
their duties,
(5) To appoint teachers,
(6) To grant and award scholarships on a merit basis,
(7) In general to legislate upon all matters concerning the
conduct of the schools subject to the provisions of this act.
(8) Provided that, notwithstanding the provisions of section
1326, the governing authority of the school district may
establish the compulsory school age at no earlier than age six.
The provisions of section 1326 shall continue to apply to any
student enrolled in a program under section 1327.1 or to any
student whose parent or guardian files a notice with the
superintendent of the school district of the intention to enroll
the student in a program under section 1327.1.
(2103 amended July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2103, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2104. Superintendents of Schools or Buildings and
of Supplies.--The board of public education in each school
district of the first class shall, whenever a vacancy in said
office shall occur, appoint a district superintendent, who shall
be designated and known as superintendent of schools. The board
may also appoint a superintendent of buildings and a
superintendent of supplies. The board shall prescribe the terms
and duties and fix the salaries of each of such employes. They
shall be responsible to the board for the conduct of their
respective departments, shall make annual reports to the board,
and shall from time to time submit such plans and suggestions
for the improvement of the schools and the school system as
they shall deem expedient or as the board of public education
may require.
The superintendent of buildings shall be an engineer or
architect of good standing in his profession. The superintendent
of buildings and the superintendent of supplies shall each give
such security for the faithful performance of the duties of
their respective offices as the board of public education shall
prescribe.
(2104 amended July 12, 2012, P.L.1142, No.141)
Section 2105. Superintendent of Schools; Additional
Retirement Allowance.--When a superintendent of schools in a
district of the first class, has been employed in the public
schools of the Commonwealth for fifteen or more years, and is
retired from service under the operation of the State School
Employes' Retirement System, the board of public education may,
when the superintendent of schools has previously served as a
teacher, principal, or superintendent of schools, in public
schools in the United States of America outside the

Commonwealth, provide for the payment to the superintendent of

schools annually, during his retirement, of a sum equal to the
difference between his annual retirement allowance, based on
the service in the public schools of the Commonwealth and
according to his optional election at the time of retirement,
and the annual allowance to which he would have been entitled
had he been given credit for his period of service as teacher,
principal, or superintendent of schools, both outside and within
the Commonwealth. A superintendent of schools when thus retired
may be designated by the board as superintendent emeritus.
Section 2106. Superintendent of Buildings; Additional
Retirement Allowance.--When any person occupying the position
of superintendent of buildings in a district of the first class,
who is under the superannuation retirement age fixed by the
statutes governing the State School Employes' Retirement System,
but who has been employed in the public schools of the
Commonwealth continuously for thirty years or more, is retired
under the operation of that system because of disability, the
board of public education may provide for the payment to such
superintendent of buildings annually during his retirement, of
a sum equal to the difference between the annual retirement
allowance actually paid to him under the State School Employes'
Retirement System according to his optional election at the
time of retirement, and the annual allowance to which he would
have been entitled under said system had he served, at the
salary paid to him at the date of his retirement, until
superannuation age and then retired under an election to receive
his benefits by way of an undiminished superannuation retirement
allowance payable to him throughout life.
Section 2107. Associate and Assistant District
Superintendents.--Supervision of all matters pertaining to
instruction in all the schools, under the direction and subject
to the approval of the board of public education, shall be
vested in the superintendent of schools, associate
superintendents, assistant district superintendents, and school
principals. Associate and assistant district superintendents
may be appointed by the board of school directors, upon the
nomination of the superintendent of schools. They shall receive
such compensation as the board of public education may
determine. They shall be under the supervision and direction
of the superintendent of schools. Assistant district
superintendents shall be assigned by the superintendent of
schools to administrative districts. They shall, in conjunction
with the school principals, inquire into and supervise all
matters relating to the government, courses of study, method
of teaching, discipline, and conduct of all schools in their
respective districts, and shall report the same when required
to the superintendent of schools.
Section 2108. Qualifications of Principals and
Teachers.--The board of public education in each school district
of the first class shall prescribe the mode or modes of
determining the qualifications of applicants for positions as
principals or teachers in the schools of the district, and shall
designate the kinds or grades of teachers' certificates which
may or shall be used in the district, together with the
scholastic, professional, and personal qualifications required
for each kind or grade of certificate.
No certificate shall be granted to any person who is not of
good moral character, or to any person who shall not first have
presented a certificate, from a physician recognized by the
board of public education as competent for the purpose, setting
forth that said applicant is neither mentally nor physically

disqualified by reason of tuberculosis, or any other chronic

or acute physical defect, from successfully performing the
duties of a teacher.
Section 2109. Board of Examiners of Applicants for
Positions.--A board of examiners, whose duty it shall be to
examine all applicants for places upon any of the eligible lists
required by this act, from which appointments to serve under
the board of public education are made, may be constituted by
the board. The superintendent of schools shall nominate to the
board of public education for appointment such number of persons
for the board of examiners as the board of public education may
authorize. The superintendent of schools shall act as chairman
of the board of examiners. He shall prescribe such examination
as, upon his recommendation, the board of public education may
approve, or as its rules may direct.
Section 2110. Eligible Lists of Persons Qualified to Teach;
Appointments.--(a) Eligible lists, properly classified
containing the names of persons who have received certificates
of qualifications to teach, and arranged as nearly as possible
in the order of rank or standing, shall be kept in the office
of the superintendent of schools, and shall be open to
inspection by members of the board of public education,
associate and district superintendents, and principals.
(b) Except as superintendent of schools, associate
superintendent, assistant district superintendent, director of
a special branch, or as a principal of a high school, junior
high school, state teachers' college, or vocational school, no
person shall be appointed, promoted, or transferred to any
educational position in the public school system, in school
districts of the first class, whose name does not appear among
the three highest names upon the proper eligible list, and in
school districts of the first class A, whose name does not
appear among the top five names upon the proper eligible list,
or within the top ten per centum (10%) of the names upon the
list, whichever is greater. No person holding a position at the
time of the passage of this act shall be displaced by the above
provisions.
(2110 amended July 11, 1996, P.L.633, No.107)
Section 2111. Superintendent of Buildings; Duties;
Assistants; Plans.--The superintendent of buildings shall be
responsible for the condition and care of all school buildings
and premises. He may appoint such assistants as the board of
public education may authorize and approve. Such assistants
shall receive such compensation as the board shall determine,
and shall perform their duties to the satisfaction of the
superintendent of buildings. All plans for new school
construction, additions or repairs shall be approved by the
superintendent of buildings and shall be submitted to the
superintendent of schools for criticism, before submission to
the board of public education for adoption.
Section 2112. Janitors.--The board of public education shall
employ janitors for the school buildings of the district and
shall fix their salaries. The superintendent of buildings shall
have the right to recommend the appointment of suitable janitors
for all school buildings in the district and the removal of
such janitors for proper cause. All janitors shall discharge
their duties under the direction and to the satisfaction of the
superintendent of buildings. No janitor now employed shall be
displaced by the provisions of this act except for cause.
Section 2113. Superintendent of Supplies; Duties;
Assistants.--The superintendent of supplies shall be the
executive agent of the board of public education, for the

purchase, custody and distribution of all supplies needed for

the schools, under such regulations as the board shall
prescribe. He may appoint such assistants as the board of public
education may authorize and approve. Such assistants shall
receive such compensation as the board may determine and shall
perform their duties to the satisfaction of the superintendent.
Section 2114. Prohibitions.--(a) No school district of the
first class may close any location for the delivery of early
intervention programs or school-sponsored day-care services
which were in existence on May 1, 1988.
(b) No school district of the first class may discontinue
transportation services to nonpublic school students which were
in effect on May 1, 1988, as long as said district continues
to provide transportation services to public school students
at corresponding grade levels.
(2114 added Oct. 20, 1988, P.L.827, No.110)
(b)

Fiscal Affairs.

Section 2121. City Controller to be Elected School

Controller; Deputy Controller.--In each school district of the
first class or first class A, the board of public education
therein shall elect the controller of the city comprising all
or the greater part of such district as school controller for
said district for and during his term of office as city
controller. The school controller of each school district of
the first class or first class A may recommend to the board of
public education for appointment a deputy school controller.
The board of public education shall appoint as deputy school
controller the candidate recommended by the school controller,
who, in case of death, resignation or inability of the school
controller to act for any cause whatsoever, shall have the same
powers and shall perform the same duties as imposed by law on
the school controller. In case the school controller does not
recommend to the board of public education for appointment a
deputy school controller, the board of public education may
elect a deputy school controller who shall serve until such
time as the school controller recommends to the board of public
education the appointment of a deputy school controller. The
salary of the deputy school controller shall be fixed by the
board of public education. He shall furnish bond in the sum of
ten thousand dollars ($10,000).
(2121 amended June 2, 1965, P.L.86, No.59)
Section 2122. Oath, Bond, and Compensation of
Controller.--Every person elected as a school controller shall,
before entering upon such duties of his office, take or
subscribe to the oath or affirmation herein provided for school
directors, and shall furnish to the school district in which
he is elected a proper bond, in the amount of twenty-five
thousand dollars ($25,000), with such surety or sureties as the
board of school directors may approve, conditioned upon the
faithful performance of all duties of his office during his
term.
The school controller in each district of the first class
shall be paid, from the funds of the school district, an annual
salary of four thousand four hundred dollars ($4,400), payable
monthly. The school controller in each district of the first
class A shall be paid, from the funds of the school district,
an annual salary fixed by the Board of Public Education, payable
monthly.
(2122 amended Jan. 16, 1974, P.L.1, No.1)

Section 2123. Vacancies.--In case there is a vacancy in the

office of school controller, by reason of death, resignation,
or otherwise, such vacancy shall be filled by the election of
the city controller by the board of public education for and
during his term of office as city controller.
Section 2124. Clerks; Stationery, etc. for Controller and
Treasurer.--The board of public education in school districts
of the first class shall appoint upon the recommendation of the
school controller and school treasurer respectively such clerks
as they deem necessary to assist them in the performance of
their duties. All such appointments shall be made upon the
recommendation of the school controller and school treasurer.
Their salaries shall be fixed by the board of public education
at the time the appointments are made. The school controller
and school treasurer shall, in addition to their salaries, be
furnished, by the school district in which they are elected,
with necessary stationery and books, required by them in the
performance of their duties as school controller or school
treasurer.
Section 2125. School Orders.--In every school district of
the first class the school controller shall approve all proper
school orders, drawn on the school treasurer, before the same
are paid. He shall not approve any school order issued in
violation of any of the provisions of this act.
He shall at all times have access to all the accounts, books,
records, and papers of the district so far as they relate to
the school finances, and may require from the board of public
education, or any person presenting any school order, such
evidence or information regarding its correctness as he may
deem proper.
Section 2126. Contracts.--All contracts made by any school
district of the first class shall state therein on what item
in the annual estimate of school expenditures the same is based.
Every contract before becoming valid shall be properly certified
by the school controller, who shall, at the time of so doing,
charge up the amount of any such contract against the item in
the annual estimate on which the same is based. No contract
shall be certified by the school controller if the amount to
become due thereon shall exceed the item of expenditure on which
it is based.
(2126 amended Apr. 2, 1949, P.L.692, No.164)
Section 2127. Payment of Contracts; Liability of Controller
and his Surety.--It shall be the duty of each school controller
to certify all contracts, for the payment of which a sufficient
sum has been provided in the annual school estimate as herein
provided. If any school controller shall certify any contract
in excess of the amount of the item of expenditure in the annual
estimate made thereof, he together with his surety or sureties
shall be individually liable on his bond therefor.
Section 2128. Estimates of Expenses.--The annual estimate
of expenses made by the board of public education in each school
district of the first class, at or before the time of assessing
and levying the annual school tax, shall be certified to the
school controller of the district by the secretary of the board.
The school controller shall, in a proper book or books kept for
that purpose, keep an account with each item of expenditure as
therein stated or thereafter changed by the board in the manner
herein provided. He shall charge up against each item of such
estimate all school orders drawn against the same, at the time
they are approved by him, and he shall not permit any such
estimate to be overdrawn. He shall furnish to the board of
public education a monthly statement showing the original amount

of each item of such estimate, the amount paid out thereon, and
the balance, if any, on hand. If any item is exhausted he shall
promptly notify the board of such fact.
Section 2129. Annual Statement of Finances for Past
Year.--The school controller in every school district of the
first class shall, on or before the tenth day of January of
each year, submit to the board of public education therein an
annual itemized statement of the finances of the school district
for the past year. Such statement shall include all assets of
the district and the source from which they were obtained,
together with the amount of uncollected school taxes, stating
the amount of delinquent taxes of each year remaining unpaid.
The statement shall also set forth the disbursements named in
the several items of expenditure, as well as the outstanding
indebtedness of the district, if any, together with the rate
of interest on the same and when it becomes due. It shall
include a statement of the sinking fund of the district, if
any, including the securities therein held by the district. The
statement shall also contain such further facts and information
as the controller may see proper to report.
Section 2130. Information for Estimates and Tax Levies.--The
school controller shall also furnish annually to the board of
public education, on or before the first day of November, such
information as he may think proper, or as may be required of
him by the board of public education, in order to enable it to
prepare the annual estimate of expenditures and tax levy for
the coming school year.
Section 2131. Publication of Annual Financial Statements.-Notice that the annual financial statement furnished by the
school controller in any district of the first class or first
class A to the board of education, has been filed and is
available for public inspection at the business office of the
district shall be published by the board of public education
in two newspapers, designated by the board, once a week for
three successive weeks, beginning the first week after the same
has been furnished to it.
(2131 amended Dec. 19, 1980, P.L.1314, No.237)
Section 2132. Transfers of Real Estate.--Notwithstanding
the provisions of section seven hundred seven of this act, the
board of public education in each school district of the first
class may dedicate, sell, donate, convey or lease to the city
comprising the district any real estate owned by it for any
lawful purpose upon such terms with or without consideration
as it may determine.
(2132 added Sept. 27, 1955, P.L.651, No.174)
Section 2133. Budget Reports.--(a) All school districts
of the first class shall prepare for each individual district
within the school district a quarterly budget of revenues and
expenditures. Such budget shall be compared to actual
expenditures on a quarterly basis. Quarterly budgets shall cover
the specific months: 1st quarter--July, August, September; 2nd
quarter--October, November, December; 3rd quarter--January,
February, March; 4th quarter--April, May and June. ((a) amended
May 11, 1982, P.L.396, No.115 eff. July 1, 1983)
(b) A budget shall also be prepared showing quarterly
anticipated programmatic revenues and expenditures for each
district within the school district of the first class. Such
budget shall be compared to actual expenditures quarterly. ((b)
amended May 11, 1982, P.L.396, No.115 eff. July 1, 1983)
(c) The ledgers in the books of accounts shall be organized
on a basis to achieve the above objectives in a timely and
accurate manner.

(d) Districts of the first class shall send electronically

reports containing the quarterly budgets to the chairmen and
minority chairmen of the Education Committees of the House of
Representatives and the Senate, the Philadelphia City Council
President, and the Mayor of Philadelphia thirty (30) days after
the close of each quarter. ((d) amended July 9, 2013, P.L. ,
No.59)
(2133 added Feb. 4, 1982, P.L.1, No.1)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Section 2134. Placement of Certain Adjudicated
Students.--(a) No student returning from placement as a result
of being adjudicated delinquent under 42 Pa.C.S. Ch. 63
(relating to juvenile matters) or who has been adjudged to have
committed a crime under an adult criminal proceeding shall be
returned directly to the regular classroom.
(b) Prior to returning such student to the regular
classroom, the school district shall:
(1) Place the student in a transition center operated by
the school district for a period not to exceed four (4) weeks.
(2) Develop a transition plan for the student that includes
academic goals, identifies school and community services
appropriate to the needs of the student and establishes terms
and conditions the student must meet prior to returning to the
regular classroom.
(3) ((3) Deleted by amendment)
(c) The transition plan developed under subsection (b)(2)
may provide for the student's direct return to a regular
classroom where the underlying offense did not involve any of
the following:
(i) Possession of a weapon.
(ii) Possession, use or sale of controlled substances as
defined in the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act."
(iii) Possession, use or sale of alcohol or tobacco by any
person on school property.
(iv) An act of violence as defined in section 1310-A(h).
(d) In the case of a student whose transition plan does not
include immediate return to the regular classroom, the student
shall be placed in one of the following as provided for in the
student's transition plan:
(1) An alternative education program as defined in Article
XIX-C.
(2) A private alternative education institution as defined
in Article XIX-E.
(3) A general education development program.
(4) A program operating after the traditional school day.
(e) (1) Prior to the release of a student subject to this
section from a residential or day treatment placement as a
result of being adjudicated delinquent under 42 Pa.C.S. Ch. 63
(relating to juvenile matters) or returning from incarceration
as a result of having been adjudged to have committed a crime
under an adult criminal proceeding, the court shall provide to
the person designated in charge of the school district's
transition center the information required in the school
notification provision under 42 Pa.C.S. 6341(b.1) (relating
to adjudication).
(2) The information shall be updated by the court with
information pertaining to treatment reports and supervision

plans or any other information deemed necessary by the

transition plan and assure appropriate placement of the student.
(2134 added June 29, 2002, P.L.524, No.88 and amended Dec.
9, 2002, P.L.1472, No.187)
Section 2135. Transportation of Certain Students.--For a
school district of the first class, funds appropriated in any
fiscal year for safe and alternative schools shall be used to
pay costs to provide school bus transportation services for
students in alternative education programs operated either by
the school district or under a contract between the school
district and a private alternative education institution as
defined under Article XIX-E before it may be used for other
alternative education programs or services.
(2135 added July 11, 2006, P.L.1092, No.114)
ARTICLE XXII.
TEACHERS' AND EMPLOYES' RETIREMENT
FUNDS.
Section 2201. Establishment of Funds by Districts.--The
board of school directors of any district is hereby authorized
and empowered to establish, contribute to, and administer as
herein provided, a teachers' retirement fund. The fund shall
consist of all funds available for like purposes in the district
at the time of the enactment of this law, together with such
additions thereto as the board of school directors may, from
time to time, appropriate for that purpose from the funds of
the district, and such moneys or other property as may be
donated, bequeathed, devised, or received from any other source
for such purpose.
The board of public education of any district of the first
class is hereby authorized and empowered to establish,
contribute to, and administer as herein provided, in addition
to the foregoing fund, an employes' retirement fund. This fund
shall consist of all funds available for like purposes in said
district at the time of the enactment of this act, together
with such additions thereto as the board of public education
may, from time to time, appropriate for that purpose from the
funds of the district, and such real or personal property as
may be donated, bequeathed, devised, or received from any other
source, for such purpose.
Section 2202. Contributions by Employes.--The board of
school directors of any district may provide, in the contracts
with its teachers, principals, or supervising officials, that
they shall contribute a reasonable sum from their salaries each
year to said retirement fund. No person shall be required to
contribute any part of his salary to any retirement fund, unless
the same is provided for in the contract by which he is engaged.
The board of public education of any district of the first
class may provide, in the contracts with its employes that they
shall contribute a reasonable sum from their salaries each year
to said retirement fund. No employe shall be required to
contribute any part of his salary to the retirement fund, unless
the same is provided for in the agreement by which he is
engaged.
Section 2203. Representation of Employes.--Where the
teachers, principals, or supervising officials of any district
contribute to any retirement fund, they shall be represented
in making the regulations governing it, and in its control and
management.
When employes of any school in districts of the first class
contribute to a retirement fund, they shall be represented in

making the regulations governing it, and in its control and

management.
Section 2204. Retirement Annuities.--Every teacher,
principal, or supervising official who retires in accordance
with the regulations prescribed shall be entitled to such
annuity as said regulations provide.
Every employe of any school district of the first class who
retires in accordance with the regulations required shall be
entitled to such annuity as the regulations provide.
ARTICLE XXII-A.
MEDICAL EDUCATION LOAN ASSISTANCE.
(Art. added Oct. 30, 2001, P.L.828, No.83)
(a)

General Provisions.

Section 2201-A. Scope.

This article deals with medical education loan assistance.
(2201-A added Oct. 30, 2001, P.L.828, No.83)
Section 2202-A. Purpose.
The purpose of this article is to provide an incentive to
Pennsylvania students to pursue higher education and training
in medicine, professional nursing, biomedicine and the life
sciences in order to maintain the delivery of quality health
care services in this Commonwealth.
(2202-A added Oct. 30, 2001, P.L.828, No.83)
Section 2203-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Accredited medical college." An institution of higher
education located in this Commonwealth that is accredited by
the Liaison Committee on Medical Education to provide courses
in medicine and empowered to grant professional and academic
degrees in medicine as defined in the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985.
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Approved institution of higher learning." An institution
of higher learning located in this Commonwealth and approved
by the agency.
"Approved nursing program." An institution located in this
Commonwealth and accredited to grant professional and academic
degrees or diplomas in nursing as defined in the act of May 22,
1951 (P.L.317, No.69), known as The Professional Nursing Law.
"Degree in medicine." A degree from an accredited medical
college that qualifies the degree recipient to be licensed as
a physician.
"Designated area." Any of the following:
(1) A geographic area of this Commonwealth that is
designated by the Secretary of Health as having a shortage
of physicians.
(2) A geographic area of this Commonwealth designated
by the United States Department of Health and Human Services
as a medically underserved area or designated to have a
medically underserved population.
"Eligible applicant." An individual who holds an
undergraduate degree from an institution of higher learning and
is enrolled in:
(1) an accredited medical college; or

(2) an approved institution of higher learning for

purposes of obtaining a graduate degree in biomedicine or
life sciences.
"Guarantor." An insurance company or not-for-profit
guarantor whose primary purpose is to provide default coverage
and loss prevention services to an offeror of unsecured student
loans.
"Licensed health care facility." A health care facility
that is enrolled in the Commonwealth's medical assistance
program and is licensed under Article X of the act of June 13,
1967 (P.L.31, No.21), known as the Public Welfare Code, or the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Nursing school applicant." An individual who is a resident
of this Commonwealth and is enrolled in an approved nursing
program.
"Offeror." An institution that makes unsecured loans to
eligible students in cooperation with the agency.
"Physician." An individual licensed to practice medicine
and surgery within the scope of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known
as the Medical Practice Act of 1985.
"Registered nurse." An individual licensed to practice
professional nursing under the act of May 22, 1951 (P.L.317,
No.69), known as The Professional Nursing Law.
"Work requirement for nurses." Postgraduate, full-time
employment in direct patient care with a licensed health care
facility located in this Commonwealth in an occupation related
to an approved course of study. The term does not include a
paid student internship, a paid fellowship, volunteer service
or employment before graduation.
(2203-A added Oct. 30, 2001, P.L.828, No.83)
(b)

Program.

Section 2211-A. Pennsylvania Medical Education Loan Assistance

Program.
The agency shall establish and administer the Pennsylvania
Medical Education Loan Assistance Program as set forth in
sections 2212-A and 2213-A to provide financial assistance to
individuals who acquire the required degree or diploma in
medicine, professional nursing, biomedicine or life sciences
and to recruit these individuals to practice their professions
in Pennsylvania.
(2211-A added Oct. 30, 2001, P.L.828, No.83)
Section 2212-A. Loan guarantor program.
(a) Establishment of program.--The agency shall administer
a loan guarantor program on a Statewide basis. The agency shall
utilize funds in the Medical School Loan Account to encourage
eligible applicants to attend an accredited medical college or
an approved institution of higher learning.
(b) Loan Guarantor Program.--The Loan Guarantor Program
shall provide for the following:
(1) Life of loan servicing.
(2) Contracting for insurance with a guarantor, approved
by the agency, which offers a low-cost loan with competitive
interest rates and loan fees to eligible applicants.
(3) Predetermining the eligibility of applicants who
receive a loan from an offeror to attend an accredited
medical school or an approved institution of higher learning
that is insured by a guarantor.

(4) Evaluating the benefit package of a guarantor for

adequacy, accessibility and availability of funds necessary
to provide adequate loss prevention.
(c) Low-cost loans.--An eligible applicant shall apply to
an offeror for a low-cost loan to attend an accredited medical
college or an approved institution of higher learning. A
low-cost loan made under this subsection shall be guaranteed
by an approved guarantor through a contract with the agency.
Low-cost loans made under this subsection shall provide reduced
interest rates and loan fees to eligible applicants compared
to loans made for the same purpose that are not guaranteed by
this article.
(d) Loan requirements.--Loans provided under this section
shall cover up to 100% of the actual cost of tuition, room and
board at an accredited medical college or an approved
institution of higher learning and the actual cost of
course-required textbooks and supplies for the recipient.
(e) Default.--If a recipient fails to repay a loan received
under this section, the agency shall collect the loan pursuant
to one of the following:
(1) Section 4.3 of the act of August 7, 1963 (P.L.549,
No.290), referred to as the Pennsylvania Higher Education
Assistance Agency Act.
(2) A process established by the applicable guarantors.
(3) Any other collection procedure or process deemed
appropriate by the agency.
(f) Medical Education Loan Loss Account.--An account is
hereby established within the agency to receive funds
appropriated for purposes of this section. Moneys in the account
are hereby appropriated to the agency to provide the loan
guarantor program. When funds in the account are expended, no
additional loans shall be offered.
(g) Interest rate reduction.--The agency or an offeror may
modify loans under this section to further reduce interest rates
as follows:
(1) The agency or the offeror may reduce the interest
rate of the loan by not less than 1% if the loan recipient,
upon completion of a graduate degree in biomedicine or life
sciences or upon licensure as a physician, agrees to practice
medicine or be employed to conduct research on a full-time
basis in Pennsylvania for a period of three consecutive
years.
(2) The agency or the offeror may reduce the interest
rate of the loan by not less than 2% if the loan recipient,
upon licensure as a physician, agrees to practice medicine
for not less than three consecutive years in a designated
area.
(h) Contract.--In addition to the requirements of subsection
(g), in order to be eligible for an interest rate reduction, a
loan recipient shall enter into a contract with the agency or
an offeror or its assigns at the time the loan is made. The
contract shall include the following:
(1) The loan recipient practicing in a designated area
shall agree to treat patients eligible for medical assistance
and Medicare.
(2) The loan recipient shall permit the agency or the
offeror to monitor the recipient's practice or employment
to determine compliance with the terms of the contract and
this article.
(3) The agency shall certify compliance with the terms
of the contract.

(4) Upon the loan recipient's death or total or

permanent disability, the agency or the offeror shall nullify
the service obligation of the recipient.
(5) If the loan recipient is convicted of or pleads
guilty or no contest to a felony or if the licensing board
has determined that the recipient has committed an act of
gross negligence in the performance of service obligations
or has suspended or revoked the license to practice, the
agency or the offeror shall terminate the loan recipient's
participation in the program and seek repayment of the amount
of the loan on the date of the conviction, determination,
suspension or revocation.
(6) A loan recipient who fails to comply with a contract
shall pay to the agency or the offeror the amount of loan
received under the original contract as of the time of
default. Providing false information or misrepresentation
on an application or verification of service shall constitute
default.
(i) Accountability.--In July 2004, the agency shall conduct
a performance review of the program and services provided. The
performance review shall include the following:
(1) The goals and objectives of the program.
(2) A determination of whether the goals and objectives
were achieved by the agency-participating guarantor and
offeror.
(3) The specific methodology used to evaluate the
results.
(4) Recommendations for improvement.
(2212-A added Oct. 30, 2001, P.L.828, No.83)
Section 2213-A. Loan forgiveness program.
(a) Establishment of program.--The agency shall administer
a loan forgiveness program for nursing school applicants on a
Statewide basis. The agency may provide loan forgiveness as
provided in subsection (b) for recipients of loans who by
contract with the agency agree to practice professional nursing
in this Commonwealth upon attainment of the required license.
(b) Loan forgiveness.--Agency-administered, federally
insured student loans for higher education provided to a nursing
school applicant may be forgiven by the agency as follows:
(1) The agency may forgive 50% of the loan, not to
exceed $50,000, if a loan recipient enters into a contract
with the agency that requires the recipient upon successful
completion of an approved nursing program and licensure as
a registered nurse to practice nursing in this Commonwealth
for a period of not less than three consecutive years.
(2) Loan forgiveness awards made pursuant to paragraph
(1) shall be forgiven over a period of three years at an
annual rate of 33 1/3% of the award and shall be made from
funds appropriated for this purpose.
(3) The contract entered into with the agency pursuant
to paragraph (1) shall be considered a contract with the
Commonwealth and shall include the following terms:
(i) An unlicensed recipient shall apply for a
registered nurse's license to practice in this
Commonwealth at the earliest practicable opportunity
upon successfully completing a degree in nursing.
(ii) Within six months after licensure, a recipient
shall engage in the practice of nursing in this
Commonwealth according to the terms of the loan
forgiveness award.

(iii) The recipient shall agree to practice in a

licensed health care facility in the provision of direct
patient care on a full-time basis.
(iv) The recipient shall permit the agency to
determine compliance with the work requirement for nurses
and all other terms of the contract.
(v) Upon the recipient's death or total or permanent
disability, the agency shall nullify the service
obligation of the recipient.
(vi) If the recipient is convicted of or pleads
guilty or no contest to a felony or if the licensing
board has determined that the recipient has committed
an act of gross negligence in the performance of service
obligations or has suspended or revoked the license to
practice, the agency shall have the authority to
terminate the recipient's service in the program and
demand repayment of the amount of the loan as of the
date of the conviction, determination, suspension or
revocation.
(vii) Loan recipients who fail to begin or complete
the obligations contracted for shall pay to the agency
the amount of the loan received under the terms of the
contract pursuant to this section. Providing false
information or misrepresentation on an application or
verification of service shall be deemed a default.
Determination as to the time of default shall be made
by the agency.
(4) Notwithstanding 42 Pa.C.S. 8127 (relating to
personal earnings exempt from process), the agency may seek
garnishment of wages in order to collect the amount of the
loan following default under paragraph (3)(vii).
(2213-A added Oct. 30, 2001, P.L.828, No.83)
Section 2214-A. Tax applicability.
Loan forgiveness repayments received by a student shall not
be considered taxable income for purposes of Article III of the
act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971.
(2214-A added Oct. 30, 2001, P.L.828, No.83)
(c)

Miscellaneous Provisions.

Section 2231-A. Annual report.

(a) Development of report.--The agency shall publish a
report by September 1, 2002, and every year thereafter for the
immediately preceding fiscal year. The report shall include
information regarding the operation of the programs established
under this article, including:
(1) The number and amount of loan guarantees and loan
contracts executed and renewed for eligible applicants in
medicine, biomedicine or life sciences and the nursing loan
forgiveness program.
(2) The number and amount of nursing loan forgiveness
contracts executed and renewed for nursing school applicants.
(3) The number of defaulted nursing loan forgiveness
contracts, reported by cause.
(4) The number of nurses participating in the nursing
loan forgiveness program, reported by type of institution
attended, including four-year educational institutions,
community colleges, independent two-year colleges, private
licensed schools, hospital-based courses of study and
certificate programs.

(5) The number and type of enforcement actions taken

by the agency.
(b) Submission.--The annual report shall be submitted to
the Governor, the chair and minority chair of the Appropriations
Committee of the Senate, the chair and minority chair of the
Appropriations Committee of the House of Representatives, the
chair and minority chair of the Education Committee of the
Senate, the chair and minority chair of the Education Committee
of the House of Representatives, the chair and minority chair
of the Public Health and Welfare Committee of the Senate and
the chair and minority chair of the Health and Human Services
Committee of the House of Representatives.
(2231-A added Oct. 30, 2001, P.L.828, No.83)
Section 2232-A. Appeals.
The provisions of this article shall be subject to 22 Pa.
Code Ch. 121 (relating to student financial aid).
(2232-A added Oct. 30, 2001, P.L.828, No.83)
Section 2233-A. Regulations.
The agency shall adopt regulations and procedures necessary
to carry out the purposes of this article.
(2233-A added Oct. 30, 2001, P.L.828, No.83)
Section 2234-A. Funding.
Loan guarantor program payments and loan forgiveness
repayments shall be made only to the extent that funds are
appropriated for that purpose and are sufficient to cover
administration of the programs. The receipt of a loan under
this article shall not constitute an entitlement derived from
the Commonwealth or a claim on any funds of the Commonwealth.
(2234-A added Oct. 30, 2001, P.L.828, No.83)
ARTICLE XXIII.
FUNDING FOR PUBLIC LIBRARIES.
(Art. hdg. amended July 20, 2007, P.L.278, No.45)
Section 2301. Management and Supervision.--(2301 repealed
June 14, 1961, P.L.324, No.188)
Section 2302. Board of Library Trustees; How
Constituted.--(2302 repealed June 14, 1961, P.L.324, No.188)
Section 2303. Appointments; Terms; Vacancies;
Officers.--(2303 repealed June 14, 1961, P.L.324, No.188)
Section 2304. Rules and Regulations; Powers and
Duties.--(2304 repealed June 14, 1961, P.L.324, No.188)
Section 2305. Appropriations; Limitation; Establishment,
etc.--(2305 repealed June 14, 1961, P.L.324, No.188)
Section 2306. Payment of Money for Libraries.--(2306
repealed June 14, 1961, P.L.324, No.188)
Section 2307. Aid to Individual or Association
Library.--(2307 repealed June 14, 1961, P.L.324, No.188)
Section 2308. Donations of Books, etc.--(2308 repealed June
14, 1961, P.L.324, No.188)
Section 2309. Circulation of Books; Branch Libraries.--(2309
repealed June 14, 1961, P.L.324, No.188)
Section 2310. Library Hours; Use by Residents of Other
Districts.--(2310 repealed June 14, 1961, P.L.324, No.188)
Section 2311. Audit of Receipts and Expenditures.--(2311
repealed June 14, 1961, P.L.324, No.188)
Section 2312. Reports to State.--(2312 repealed June 14,
1961, P.L.324, No.188)
Section 2313. Joint Action of School Districts.--(2313
repealed June 14, 1961, P.L.324, No.188)

Section 2314. Merger of Library Boards on Consolidation of

School Districts; Discontinuance of Library.--(2314 repealed
June 14, 1961, P.L.324, No.188)
Section 2315. Districts Second Class; Library Tax for
Support, etc. of Municipal Library.--(2315 repealed June 14,
1961, P.L.324, No.188)
Section 2316. State aid for certain public libraries. (2316
repealed Nov. 1, 2012, P.L.1683, No.210)
Section 2317. State aid for fiscal year 2008-2009. (2317
repealed Nov. 1, 2012, P.L.1683, No.210)
Section 2318. State aid for fiscal year 2011-2012.
Notwithstanding any other provision of law to the contrary,
each library subject to the act of June 14, 1961 (P.L.324,
No.188), known as The Library Code, shall be eligible for State
aid for fiscal year 2011-2012, which shall consist of the
following:
(1) Funds appropriated for libraries shall be
distributed to each library under the following formula:
(i) Divide the amount of funding that the library
received in fiscal year 2010-2011 under section
1722-L(12) of the act of April 9, 1929 (P.L.364, No.176),
known as The Fiscal Code, by the total State-aid subsidy
for fiscal year 2010-2011.
(ii) Multiply the quotient under subparagraph (i)
by the total State-aid subsidy for 2011-2012.
(2) Following distribution of funds appropriated for
State aid to libraries, any remaining funds may be
distributed at the discretion of the State Librarian.
(3) If funds appropriated for State aid to libraries
in fiscal year 2011-2012 are less than funds appropriated
in fiscal year 2002-2003, the State Librarian may waive
standards as prescribed in section 103 of The Library Code
relating to hours of operation, continuing professional
development, collections, expenditures and other aspects of
library operation.
(4) (i) Each library system receiving State aid under
this section may distribute the local library share of
that aid in a manner as determined by the board of
directors of the library system.
(ii) Subparagraph (i) shall not apply to a library
system operating in a county of the second class.
(2318 added June 30, 2011, P.L.112, No.24)
Section 2319. State aid for fiscal year 2012-2013.
Notwithstanding any other provision of law to the contrary,
each library subject to the act of June 14, 1961 (P.L.324,
No.188), known as The Library Code, shall be eligible for State
aid for fiscal year 2012-2013, which shall consist of the
following:
(1) Funds appropriated for libraries shall be
distributed to each library under the following formula:
(i) Divide the amount of funding that the library
received in fiscal year 2011-2012 under section 2318 by
the total State-aid subsidy for fiscal year 2011-2012.
(ii) Multiply the quotient under subparagraph (i)
by the total State-aid subsidy for 2012-2013.
(2) Following distribution of funds appropriated for
State aid to libraries under paragraph (1), any remaining
funds may be distributed at the discretion of the State
Librarian.
(3) If funds appropriated for State aid to libraries
in fiscal year 2012-2013 are less than funds appropriated

in fiscal year 2002-2003, the State Librarian may waive

standards as prescribed in section 103 of The Library Code.
(4) (i) Each library system receiving State aid under
this section may distribute the local library share of
that aid in a manner as determined by the board of
directors of the library system.
(ii) In the case of a library system that contains
a library operating in a city of the second class,
changes to the distribution of State aid to the library
shall be made by mutual agreement between the library
and the library system.
(5) In the event of a change in district library center
population prior to the effective date of this section as a
result of:
(i) a city, borough, town, township, school district
or county moving from one library center to another; or
(ii) a transfer of district library center status
to a county library system,
funding of district library center aid shall be paid based
on the population of the newly established or reconfigured
district library center.
(2319 added June 30, 2012, P.L.684, No.82)
ARTICLE XXIII-A.
CREDIT CARD MARKETING.
(Article added July 15, 2004, P.L.722, No.82)
Section 2301-A. Definitions.--For the purposes of this
article the following terms shall have the following meanings:
(1) "Board" shall mean the State Board of Education.
(2) "Campus" shall include the premises and grounds of an
institution of higher education.
(3) "Credit card debt education literature" shall mean the
information developed by a college or university, by a
registered nonprofit organization, credit card marketer or by
other sources, as identified and approved by the institution
of higher education that details the appropriate use, benefit
and risk of incurring debt through the use of credit cards.
(4) "Credit card marketer" shall include a person,
corporation, financial institution or business entity that
promotes, offers or accepts applications for a credit card.
(5) "Institution of higher education" means any of the
following:
(i) A community college operating under Article XIX-A.
(ii) A university within the State System of Higher
Education.
(iii) The Pennsylvania State University.
(iv) The University of Pittsburgh.
(v) Temple University.
(vi) Lincoln University.
(vii) Any other institution that is hereafter designated
as "State-related" by the Commonwealth.
(viii) Any accredited private or independent college or
university.
(6) "Student" shall mean a person who is at least 18 years
of age and who attends an institution of higher education,
whether enrolled on a full-time or part-time basis.
(2301-A added July 15, 2004, P.L.722, No.82)
Section 2302-A. Regulation of On-Campus Credit Card
Marketing.--The board shall require an institution of higher
education to establish a policy that regulates the marketing
of credit cards on campus. The policy may prohibit any marketing
of credit cards on the campus. In establishing the policy, the

institution of higher education shall consider all of the

following:
(1) Requiring registration of on-campus credit card
marketers.
(2) Limiting credit card marketers to specific areas of the
campus designated by the institution of higher education.
(3) Prohibiting credit card marketers from offering gifts
to a student in exchange for completing a credit card
application unless the student has been provided credit card
debt education literature, which includes, but is not limited
to, brochures of written or electronic information.
(4) Providing, at least quarterly, credit card debt
education literature with campus bookstore purchases.
(5) Incorporating into orientation programming a credit
card debt education presentation.
(2303-A added July 15, 2004, P.L.722, No.82)
Section 2303-A. Construction.--Nothing in this article shall
be construed to impose civil or criminal liability on an
institution of higher education for any claim involving student
credit card debt.
(2303-A added July 15, 2004, P.L.722, No.82)
ARTICLE XXIV.
AUDITING OF SCHOOL FINANCES.
(a)

General Provisions.

Section 2401. By Whom Audited.--The finances of every school

district and of every joint school board, in every department
thereof, together with the accounts of all school treasurers,
school depositories, teachers' retirement funds, teachers'
institute funds, directors' association funds, sinking funds,
and other funds belonging to or controlled by the district,
shall be properly audited as follows:
(1) In all school districts of the first class, by the
school controller.
(2) In all school districts of the second, third and fourth
class, except as hereinafter otherwise provided, by the
controller or auditors of the city, borough, incorporated town,
or township in which the whole or the greater or greatest
portion of the area of the district is located.
(3) When in any school district of the second class the
annual expenditures, exclusive of moneys received from the sale
of bonds, exceeds the sum of five hundred thousand dollars
($500,000), such district may employ a certified public
accountant within sixty days from the close of the fiscal year.
(4) Any school district of the second, third or fourth class
and any joint school board may employ an independent auditor
who shall be a certified public accountant or competent public
accountant prior to the end of the fiscal year, and when so
employed, such independent auditor shall audit the finances of
such school district or such joint school board for such fiscal
year instead of the controller or auditors hereinbefore referred
to, and shall have all the powers and duties of such auditors,
except that the audits shall be made in accordance with
generally accepted auditing standards. The compensation of the
independent auditor shall be fixed by the employing board of
directors and shall be paid from the funds of the school
district or of the joint school board, as the case may be. ((4)
amended Dec. 1, 1965, P.L.980, No.361)
(5) In any school district constituted of two or more
municipal divisions by reason of the creation of a new city,

borough or township, and the fact that such new city, borough
or township, or a part of the original school district remaining
after its separation, would constitute a fourth class school
district, and the creation of such fourth class school district
has not been approved, the auditors or the controllers of the
cities, boroughs, towns, or townships last created and which
do not form a separate school district shall meet annually with
the auditors of the school district and participate in the audit
of the school accounts, and such auditors or controllers shall
have the same rights and powers as are conferred by this act
upon the auditors of schools accounts. ((5) amended Oct. 21,
1965, P.L.601, No.312)
(6) In all independent school districts, by the proper
auditors, herein provided for school districts of the class in
which they belong, and where an independent school district of
the fourth class is taken from two or more school districts,
its accounts shall be audited by the auditors of the school
district in which its buildings are located.
(7) In union or merged school districts the court of common
pleas of the county in which the district is located, upon
petition of the board of school directors of such union or
merged school district, shall, as soon as convenient after the
creation of the district, appoint three persons to audit the
financial accounts of the district. The auditors so appointed
shall, on the first day of July, at the time of organization,
or within five days thereafter, and within thirty days,
carefully audit and adjust the financial accounts of the school
district for the preceding school year. At the first municipal
election after a union or merged school district is created
there shall be elected three school auditors, one for a term
of two years, one for a term of four years, and one for a term
of six years, and their successors thereafter shall be elected
for terms of six years each. When a vacancy occurs in the office
of auditor in any union or merged school district by reason of
death, resignation, removal from the school district, or
otherwise, the court of common pleas of the county in which the
district is located, upon petition of the board of school
directors of such union or merged school district, shall appoint
a person to hold such office for the unexpired term of the
person whose place he is appointed to fill. The compensation
of both the appointed and elected auditors shall be ten dollars
($10) per day for each day necessarily spent by each auditor.
The total expense of such auditing, including the cost of filing
the report, advertising, and other necessary costs, shall be
paid by the union or merged school district.
The board of school directors of any union or merged school
district may employ a certified public accountant to audit the
finances of such school district for such fiscal year instead
of the auditors, hereinabove referred to, and such certified
public accountant shall have all the powers and duties of said
auditors and shall receive the compensation fixed by the board
of directors of the union or merged school district and shall
be paid by the said district. ((7) amended July 31, 1963,
P.L.389, No.206)
(8) In county vocational school districts, by the county
auditors or county controller.
(9) The financial accounts of each annual county or district
teachers' institute shall be audited by three auditors, two to
be elected by the teachers' institute and one by the directors'
association for a county institute, and by the board of school
directors for the district institute.

(10) The financial accounts of the directors' association

shall be audited by the county auditors or county controller.
(11) In all school districts established as a result of the
provisions of the act of August 8, 1963 (P.L.564), by a
certified public accountant, a firm of certified public
accountants, a competent independent public accountant or a
firm of competent independent public accountants who shall be
named prior to the end of the fiscal year and shall have all
the powers and duties of such other auditors hereinbefore
provided, except that the audit shall be made in accordance
with generally accepted auditing standards. The compensation
of the accountant or firm of accountants shall be fixed by the
employing board of school directors and shall be paid from the
funds of the school district.
The accountant or firm of accountants may be designated for
a term of years and, at the discretion of the board, may be
authorized to conduct a monthly audit of accounts.
((11) added Jan. 25, 1966, 1965 P.L.1565, No.546)
(2401 amended June 18, 1959, P.L.472, No.100)
Section 2401.1. Controllers and Auditors Not to be Otherwise
Employed by School Districts or Joint School Boards.--No elected
county, city, borough, town or township controller or auditor,
and no controller or auditor appointed to fill a vacancy in the
office of county, city, borough, town or township controller
or auditor for the unexpired term of the previous controller
or auditor, shall be employed in any other capacity by a school
district or joint school board if he audits any finances or any
funds belonging to or controlled by the school district or joint
school board.
(2401.1 added July 25, 1963, P.L.307, No.162)
Section 2402. Statements of Accounts, etc.--In order that
the aforesaid accounts may be thoroughly and properly audited,
it shall be the duty of all boards of school directors and their
proper officers, school depositories, district superintendents,
treasurers of directors' associations, treasurers of teachers'
retirement funds, and other proper persons, to furnish to such
auditors, whenever required by them for auditing purposes,
statements and accounts of all finances of the district, of
teachers' institutes or directors' associations, and other funds
belonging to or controlled by the district, including assets
and liabilities, together with access to all books, records,
tax duplicates, vouchers, school orders, payrolls, letters and
other matters pertaining to the same.
(2402 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2403. Subpoenas; Administering Oaths; Perjury.--The
several auditors herein provided shall have power, and are
hereby authorized, to issue subpoenas to compel the attendance
of school officers or other persons whom they may deem necessary
to examine as witnesses, and to compel the production of all
books, records, vouchers, letters, and papers relating to any
accounts being audited by them.
The auditors shall have power to administer oaths or
affirmations to all persons appearing before them as witnesses,
and any person guilty of testifying falsely in any such
examination shall be guilty of perjury, and be liable for and
subject to all the penalties provided therefor.
Section 2404. Disobedience to Subpoena; Contempt.--In case
of disobedience to a subpoena to appear and testify, or to
produce any papers, books, records, vouchers, letters, or other
written or printed matter, as required by the provisions of
this act, the Superintendent of Public Instruction, school
controller, or auditors, as the case may be, may invoke the aid

of the court of common pleas of the county, within whose

jurisdiction such hearing is held, or accounts are being
audited, to compel compliance with the same. Any such court,
in case of contumacy or refusal to obey a subpoena, may issue
its orders to such person so refusing to appear and testify,
or to produce books, papers, vouchers, or other written or
printed matter. Any failure to obey such order of court may be
punished by the court as contempt thereof.
Section 2405. Witness Fees.--Every witness attending before
any auditors in any school district shall receive, out of the
funds of the district, to be paid by a proper order drawn on
the school treasurer, the same witness fees and mileage as a
witness is allowed in the court of common pleas of the county
in which such district is located.
Section 2406. Audits; Surcharges; Examination of Official
Bonds.--The auditors herein provided to audit the finances of
school districts of the second, third and fourth class, shall
carefully inspect every school order issued for the payment of
money by the board of school directors, and the accounts of
each official or person whose accounts are to be audited in the
district for which they are acting as auditors during the period
of time covered by their audit. Any school order issued in any
other manner or for any other purpose than herein authorized
shall, if paid, be disallowed by the auditors, and charged
against the person or persons voting for or approving the same.
All such orders disallowed shall be set forth in the report to
be made by the several auditors as herein provided, together
with such other sum or sums as should be properly charged
against any person or persons. Such auditors shall also examine,
and report to the proper boards of school directors upon, the
sufficiency and the security of the bonds of the officers,
employes, and appointees of the boards of school directors and
of the school depositories.
Section 2407. Notice of Surcharges.--In all school districts
of the second, third, and fourth class, when any sum is charged
against any person, such person shall be notified by the
auditors, at or before the time of filing their report, by mail
or otherwise, of such fact, setting forth the amount charged
against him.
Section 2408. Copies of Reports.--In all school districts
the auditors' report of the finances of the district for the
preceding year, as made by the auditors herein provided, shall
be filed with the board of school directors, entered on the
minutes of the board by the secretary thereof and forwarded to
the Superintendent of Public Instruction. A copy of such report
shall be filed with the intermediate unit board of directors.
(2408 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2409. Employment of Attorneys.--In all school
districts where the accounts are audited by borough or township
auditors, the auditors may employ an attorney whenever the same
is deemed advisable. The compensation of such attorney shall
be fixed by the auditors, and shall not exceed the sum payable
to one auditor for the making of the annual audit, unless
additional compensation shall be specially allowed by a court
of record in connection with any proceeding before such court,
and shall be payable by the school district out of the general
fund of the district.
Section 2410. Investigation of Financial Records by
Superintendent of Public Instruction.--The Superintendent of
Public Instruction may investigate the financial records of any
school district in person or by his authorized representative.

For the purpose of such investigation, the same duties are

imposed upon all boards of school directors, their members,
their officers, agents and employes as are imposed by this act
with respect to the audit of the accounts of school districts
and the officers thereof, and the same powers are conferred
upon the Superintendent of Public Instruction or his authorized
representative as are conferred by this act upon school auditors
in auditing the finances of school districts.
(b)

School Districts of the First Class.

Section 2421. Duties of Controller.--The school controller,

herein provided in each school district of the first class,
shall properly audit the finances of the school district,
including the accounts of the receiver of school taxes, school
treasurer, or other proper authority collecting school taxes,
school depositories, and all other funds under the control of
the board of public education.
The school controller shall, at the end of each school year,
certify to the board of public education that he has audited
the several accounts above stated, and shall report to it the
result of such audit.
(c)

School Districts of the Second and Third Classes.

Section 2431. Time of Audit; Filing of Copies.--In every

school district of the second and third classes, the proper
auditors herein provided to audit the finances of the school
district shall begin their duties on the first day of July each
year, and promptly within thirty days audit the accounts of the
school district for which they were appointed, including the
accounts of the treasurer, the school depositories, and other
school funds, for the preceding fiscal year, in the manner
herein provided. On the completion of the audit they shall make
correct copies thereof, which shall contain an itemized
statement of all receipts, expenditures, and credits,
whatsoever, of school officials, and the assets and liabilities
of the district. One copy shall be filed with the board of
school directors of the district, one copy in the court of
common pleas of the county in which the district is located,
and one copy with the intermediate unit board of directors, one
copy in the Department of Public Instruction, by mailing the
same sealed, stamped, and addressed to the Superintendent of
Public Instruction, Harrisburg, Pennsylvania, by registered
mail with return registry receipt requested.
(2431 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2432. Notice of Audit.--The auditors shall, within
ten days after completing their report of audit, advertise a
notice that the audit report for the district has been filed
and is available for public inspection at the business office
of the district in one newspaper of general circulation
published or generally circulated in such district, once a week
for three successive weeks. Such notice shall call attention
to the fact that the report was filed on a date therein stated,
and give notice that the same will be confirmed absolutely
unless an appeal is taken therefrom within thirty days after
the filing thereof. Any auditor neglecting or refusing to comply
with this section shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of not more than one
hundred dollars ($100), and, in default of the payment of such
fine and costs, shall be sentenced to imprisonment for not more
than ten days.

(2432 amended Dec. 19, 1980, P.L.1314, No.237)

Section 2433. Compensation of Auditors.--(a) In school
districts of the second class, the compensation for auditors
shall, together with suitable allowances for qualified
assistants and for other necessary expenses, be fixed by the
board of school directors of the district on application from
time to time made by the auditors, with itemized statements of
services, assistants, and other necessary expenses.
(b) In school districts of the third class, the compensation
for auditors shall be ten dollars ($10) per day for each day
necessarily spent by each auditor, except in the case of a
certified public accountant employed to act as auditor, in which
event the compensation shall be fixed by the board of directors
of the district. ((b) amended Aug. 9, 1955, P.L.310, No.121)
(c) In school districts of the second and third class, the
compensation of any certified public accountant employed to act
as auditor shall be fixed by the directors of such district and
paid by the district.
(d) In school districts of the second and third class, where
the accounts are audited by the controller of the municipality
in which the whole or the greater or greatest portion of the
area of each such district shall be located, the compensation
of the controller shall be fixed by the directors of such
district and paid by said district.
(e) The total expense of auditing, including the cost of
filing the report, advertising, and other necessary costs, shall
be paid by the school district.
(d)

School Districts of the Fourth Class.

Section 2441. Time of Audit; Filing Copies; Publication.--In

every school district of the fourth class, the auditors shall
meet annually with the board of school directors, on the first
day of July, at the time of organization, or within five days
thereafter, and within thirty days carefully audit and adjust
the financial accounts of the school district for the preceding
school year: Provided, That the meeting of the auditors with
the board of school directors shall not be held on the Fourth
of July. At the completion of the audit, they shall make a
careful statement, in duplicate, of the finances of the district
for the preceding year, setting forth the assets and
liabilities, and an itemized statement of all receipts,
expenditures, and credits, whatsoever, of all school officials,
and including therein any sums that have been charged against
any person or persons. One copy of such annual statement shall
be filed by the auditors with the secretary of the board of
school directors and one in the court of common pleas of the
county in which such district or the greater or greatest part
thereof in area shall be located. A notice that the audit report
for the district has been filed and is available for public
inspection at the business office of the school district shall
be published in a newspaper having general circulation in the
district, once a week for three successive weeks, beginning the
first week after filing the same, or be promptly posted, by not
less than six copies, in as many places in the district. The
auditors shall also file one copy of their report with the
Superintendent of Public Instruction.
(2441 amended Dec. 19, 1980, P.L.1314, No.237)
Section 2442. Notice of Audit; Districts not Electing
Auditors.--In school districts of the fourth class that do not
elect auditors, the prothonotary of the court in which the
auditors' report is filed shall advertise a concise summary or

statement thereof, including the assets and liabilities of the

district, in one newspaper published or generally circulated
in such district, once a week for three successive weeks,
beginning within a week after the filing of such report. Such
notice shall call attention to the fact that the report was
filed on a date therein stated, and give notice that the same
will be confirmed absolutely unless an appeal is taken therefrom
within thirty days after the filing thereof.
Section 2443. Compensation of Auditors.--The auditors herein
required to audit the accounts of a school district of the
fourth class shall be allowed for their services ten dollars
($10) per day for each day necessarily spent by each of them
in the performance of his duty, which, together with the cost
of advertising their report, shall be paid by the school
district. The compensation of any certified public accountant
employed by a school district of the fourth class to audit the
finances of the school district shall be fixed by the directors
of the district, and paid by the district.
(2443 amended Aug. 9, 1955, P.L.310, No.121 and Sept. 27,
1955, P.L.653, No.176)
(e) Appeals from Audits; Districts
Second, Third and Fourth Class.
Section 2451. Who May Appeal; Conditions.--The Commonwealth,
the school district of the second, third or fourth class, or
any taxpayer thereof on behalf of said Commonwealth, district,
or any person or persons against whom any sum has been charged
in any report filed by the auditors of such school district,
may appeal from any auditors' report. Such appeal shall be taken
to the court of common pleas of the proper county by the
Commonwealth within ninety (90) days after said report is filed
in the Department of Public Instruction, and by all other
appellants within forty-five (45) days after said report is
filed in the court of common pleas. Any taxpayer taking or
intervening in an appeal shall file in said court of common
pleas a bond, with one or more sufficient sureties, conditioned
that the party appealing will prosecute said appeal with effect
and that said party will indemnify and save harmless said
district from all costs that may accrue upon said appeal or by
reason of such intervention subsequently thereto. When any
person or persons charged with any sum of money in any such
report of auditors shall appeal therefrom, such person or
persons shall file in said court a bond with one or more
sufficient sureties conditioned to prosecute the appeal with
effect, and to pay all costs accruing thereupon if the final
decision obtained shall not be more favorable to him than the
report appealed from.
Section 2452. Accounts Investigated De Novo; Burden of
Proof; Single Proceeding.--In any proceeding in the court of
common pleas upon an appeal from a report of auditors of any
school district of the second, third or fourth class, the
accounts of the officer or officers in question may be
investigated de novo, but the figures and facts found and stated
by the auditors in their report of audit shall be taken as prima
facie correct as against any such officer, and the burden shall
be upon each officer whose accounts are in question of
establishing the credits to which he shall be entitled.
When more than one appeal from a report of auditors has been
taken, whether by the Commonwealth, the school district, an
officer or officers thereof, or by a taxpayer, or any or all
of them, the court of common pleas shall, upon petition of any

party interested, direct the several appeals to be disposed of

in a single proceeding.
Section 2453. Procedure; Jury Trials; Appeals to Appellate
Courts.--When any appeal is taken, the appeal may be placed
upon the argument list by direction of any party interested by
intervention or otherwise. Depositions of witnesses, and other
evidence to be used at the argument, may be taken on behalf of
any party, before any person competent to administer an oath,
upon rule for that purpose, served upon the opposite party or
such party's counsel. After hearing argument the court shall
file its finding of fact and conclusions of law, and enter
judgment in accordance therewith. If, after argument, the court
shall deem any question or questions of fact so doubtful, under
the evidence submitted, as to render it desirable that an issue
be directed as to such question or questions to be tried by a
jury, the court may direct such an issue.
(2453 repealed in part June 3, 1971, P.L.118, No.6)
Section 2454. Judgment; Enforcement; Rights of
Taxpayers.--If any sum shall be found by the court to be
chargeable to any person whose accounts are involved in any
appeal, the prothonotary shall enter judgment for said sum in
favor of the district, and against the person charged. The
Commonwealth, school district, or appealing or intervening
taxpayer, may cause said judgment to be collected from the
person charged or his sureties, for the benefit of said
district, by any appropriate method, executionary or otherwise.
Any such taxpayer may defend the district, in any appeal taken
by any person charged by the report of auditors, as fully and
effectively in both instances as the officers of the district
might do. When any taxpayer has intervened, or when an appeal
has been taken by any taxpayer, the officers of the school
district shall not make settlement with any person or persons
charged with any sum or sums, or whose accounts shall be
involved in any appeal, without the consent of such taxpayer.
Section 2455. Surcharges; Judgments; Enforcement.--If in
any report filed by the auditors of any school district of the
second, third or fourth class, there has been any sum charged
against any person or persons, the amount charged against such
person or persons shall, in the absence of an appeal by such
person or persons within the time prescribed by this act, become
a judgment, and shall be entered by the prothonotary in favor
of the school district against the person or persons charged
therewith. Such judgment shall be collected from such person
or persons or his or their sureties by the school district, for
its use and benefit. Any taxpayer of such district may, on its
behalf, proceed to enforce collection of such judgment for the
school district, by any appropriate proceeding, executionary
or otherwise, upon filing bond, with sufficient surety or
sureties, conditioned to indemnify and save harmless the school
district from any costs accruing by reason of such proceeding.
(f) Accounts of Teachers' Institutes
and School Directors' Associations.
Section 2461. Teachers' Institutes.--(2461 repealed Jan.
14, 1970, 1969 P.L.468, No.192)
Section 2462. School Directors' Association.--The account
of the treasurer of a school director association within an
intermediate unit shall be properly audited annually by a
certified public accountant, and filed with the association.
(2462 amended Jan. 14, 1970, 1969 P.L.468, No.192)

ARTICLE XXV.
REIMBURSEMENTS BY COMMONWEALTH AND
BETWEEN SCHOOL DISTRICTS.
(a)

Definitions.

Section 2501. Definitions.--For the purposes of this article

the following terms shall have the following meanings:
(1) "District Pupils" of a school district shall designate
all pupils enrolled in the public schools of the Commonwealth,
and of adjacent states, who are residents of a given school
district, except those pupils who are enrolled in the public
schools maintained by the vocational school district, the
territorial limits of which include the school district.
"District Pupils" of a vocational school district shall
designate all pupils enrolled in the public schools, maintained
by the vocational school district who are residents of the
district.
(2) "Teaching Units" consist of twenty-two (22) high school
pupils or thirty (30) elementary school pupils. Fractions
thereof shall be fractional teaching units. If a district's
pupil-teacher ratio exceeds thirty-three (33), its district
teaching unit shall be obtained by multiplying the total number
of all teaching units, as defined above, by thirty-three (33),
and dividing the product so obtained by the pupil-teacher ratio
of the district. High school pupils are those pupils in a
secondary school program classified as such by the Department
of Public Instruction, but in no case shall include any pupils
below grade seven (7). ((2) amended July 17, 1959, P.L.538,
No.157)
(3) "Average Daily Membership" shall be computed in
accordance with rules of procedure as established by the
Secretary of Education. For the purpose of calculating the basic
education funding allocation for the 2007-2008 school year and
each school year thereafter, the computation shall be adjusted
for each level of instruction as follows:
(i) Half-time prekindergarten and half-time kindergarten:
.50;
(ii) full-time prekindergarten, full-time kindergarten,
elementary and secondary: 1.00.
A child on whose behalf payment is made under section 1514-D
shall not be included in this calculation.
((3) amended June 30, 2011, P.L.112, No.24)
(4) ((4) repealed Feb. 1, 1966, 1965 P.L.1642, No.580)
(5) ((5) repealed Feb. 1, 1966, 1965 P.L.1642, No.580)
(6) ((6) repealed Feb. 1, 1966, 1965 P.L.1642, No.580)
(7) ((7) repealed Feb. 1, 1966, 1965 P.L.1642, No.580)
(8) ((8) deleted June 12, 1968, P.L.192, No.96)
(9) "Real Property Valuation." A school district's,
vocational school district's or municipality's real property
valuation, to be used for purposes of computing the basic
account standard reimbursement fraction, the subsidiary account
reimbursement fraction, the aid ratio, the market value/income
aid ratio and the equalized millage, shall be the valuation
placed upon its taxable real property by the State Tax
Equalization Board. ((9) amended June 7, 1993, P.L.49, No.16)
(9.1) "Personal Income Valuation." A school district's
personal income valuation for purposes of computing the market
value/income aid ratio and for purposes of reimbursement to a
school district under subsections (d), (e), and (f) of section
2502, section 2502.22, section 2502.25 and section 2592 shall
be the valuation of the total taxable income for the tax year

preceding the immediate prior year, determined under Article

III of the act of March 4, 1971 (P.L.6, No.2), known as the
"Tax Reform Code of 1971," for each school district each year
by the Secretary of Revenue and certified to the Secretary of
Education. For the 1988-1989 school year and each school year
thereafter, the Secretary of Revenue shall additionally certify,
for those districts in which residents claim credit against the
State personal income tax for income earned outside this
Commonwealth under section 314 of the "Tax Reform Code of 1971,"
the total number of persons claiming such out-of-State tax
credits and the total dollar amount of such tax credits claimed
in the individual district. ((9.1) amended June 7, 1993, P.L.49,
No.16)
(9.2) "Equalized Millage." (a) For the year prior to the
year for which reimbursement is being computed, a school
district's tax effort to be used for reimbursement under
subsections (d) and (e) of section 2502 and section 2502.11
shall be the amount of local school taxes collected divided by
the real property valuation of the school district for the year
prior to the year for which reimbursement is being computed.
(b) For purposes of computing the base earned for
reimbursement and for purposes of reimbursement to a school
district under section 2502.22, the district's equalized millage
shall be computed, for the year for which reimbursement is being
paid, as follows: divide the district's amount of local school
taxes collected for the school year immediately preceding the
school year for which reimbursement is being paid by the real
property valuation of the school district for the calendar year
that concluded during the school year immediately preceding the
school year for which reimbursement is being paid; multiply the
result by one thousand (1,000).
((9.2) amended June 7, 1993, P.L.49, No.16)
(9.3) "Median Equalized Millage." For the school year
1976-1977 and each year thereafter, the Secretary of Education
shall annually calculate the equalized millage for which an
equal number of districts are above and below for that year.
((9.3) added Aug. 24, 1977, P.L.199, No.59)
(9.4) "Municipal Equalized Millage." A city of the first
through third class tax effort to be used for reimbursement
under subsections (d) and (e) of section 2502 and section
2502.11 shall be the amount of municipal taxes collected and
reported to the Department of Community and Economic Development
divided by the real property valuation of the municipality for
the most recent year for which both municipality tax and real
property valuation are available. ((9.4) amended July 13, 2005,
P.L.226, No.46)
(9.5) "Municipal Median Equalized Millage." For the school
year 1988-1989 and each school year thereafter, the Secretary
of Education shall annually calculate the equalized millage for
which an equal number of cities of the first through third class
are above and below for that year. ((9.5) added July 8, 1989,
P.L.253, No.43)
(10) "Number of District Teaching Units for Purposes of
Determination of Basic Account Standard Reimbursement Fraction,
and Subsidiary Account Reimbursement Fraction." A school
district's or vocational school district's number of district
teaching units for purposes of determination of the basic
account standard reimbursement fraction and the subsidiary
account reimbursement fraction shall be obtained as follows:
(i) divide by twenty-two (22) the number of district pupils in
average daily membership in a public high school and in high
school grades of a laboratory school of a State-owned college

during the preceding school term, (ii) divide by thirty (30)

the number of district pupils in average daily membership in a
public elementary school and laboratory school of a State-owned
college during the preceding school term, and (iii) add the
quotients obtained under (i) and (ii) above, except when the
pupil-teacher ratio exceeds thirty-three (33), in which case,
the sum obtained under (i) and (ii) above shall be multiplied
by thirty-three (33) and the product so obtained shall be
divided by the pupil-teacher ratio of the district. No school
district or vocational school district shall be credited with
less than one teaching unit. No school district or vocational
school district shall be assigned a basic account standard
reimbursement fraction lower in value than the minimum
instruction subsidy divided by the maximum instruction subsidy.
All one-room schools operated in accordance with the provisions
of this act shall, if their operation is approved, be credited
with at least one teaching unit. The State Board of Education
shall withhold its approval of any one-room one-teacher school,
unless (i) topography, distance or condition of roads are such
as to make transportation of pupils impractical, or (ii) it is
impossible to accommodate pupils in existing graded schools in
the district or other districts, or (iii) the district is
financially unable to construct a consolidated school. ((10)
amended June 12, 1968, P.L.192, No.96)
(10.1) "Weighted Pupil" shall mean a value placed upon
district pupils in average daily membership at various levels
of instruction. Such values shall be as follows:
if
Kindergarten
0.50,
attending
one
session
per
day;
if
1.00,
attending
two
sessions
per
day.
Elementary
1.00
Secondary
1.36
((10.1) added Feb. 1, 1966, 1965 P.L.1642, No.580)
(10.2) "Weighted Average Daily Membership" (WADM). The
average daily membership for all resident pupils in the various
levels of instruction shall be multiplied by the weight for
that level as indicated to obtain the weighted average daily
membership. The sum of the products so obtained shall be the
weighted average daily membership for the district. The weighted
average daily membership used in computing the aid ratio shall
include kindergarten, elementary and secondary pupils. ((10.2)
added Feb. 1, 1966, 1965 P.L.1642, No.580)
(11) "Actual Instruction Expense Per Elementary Teaching
Unit, Actual Instruction Expense Per Elementary Teaching Unit
in a Laboratory School of a State-owned College, Actual
Instruction Expense Per Secondary Teaching Unit, Actual
Instruction Expense Per Secondary Teaching Unit in a Laboratory
School of a State-owned College, Actual Instruction Expense Per
Joint Elementary Teaching Unit, Actual Instruction Expense Per
Joint Secondary Teaching Unit, Actual Instruction Expense Per
Area Technical School Teaching Unit." In 1958 in the month of
September and thereafter annually in the month of September,
the Department of Public Instruction shall calculate for each

school district for the immediately preceding school year the

actual instruction expense per elementary teaching unit for
elementary pupils educated in the district's public schools,
the actual instruction expense per secondary teaching unit for
secondary pupils educated in the district's public schools, the
actual instruction expense per joint elementary teaching unit
for elementary pupils educated in elementary schools of
jointures of which the district is a member, the actual
instruction expense per joint secondary teaching unit for
secondary pupils educated in secondary schools of jointures of
which the district is a member, the actual instruction expense
per area technical school teaching unit for pupils educated in
area technical schools in which the district participates, the
actual instruction expense per elementary teaching unit for
elementary pupils residing in the district and educated in the
public schools of other districts within the Commonwealth, and
the actual instruction expense per secondary teaching unit for
secondary pupils residing in the district and educated in the
public schools of other districts within the Commonwealth. In
each case, actual instruction expense per teaching unit shall
be the sum of (i) and (ii) below but in no case shall include
expenses for debt service, capital outlay, rentals of capital
facilities and equipment, salaries and expenses for school
nurses, for medical and dental services, for driver education
courses, for reimbursable transportation of pupils, for tuition
paid to other school districts, for reimbursable board and
lodging in lieu of transportation, for salaries of directors
and supervisors of special education, public school
psychologists, principals of special schools and assistants,
teachers of approved special classes for physically and mentally
handicapped children, clerks and assistants employed in programs
for special education, for school district contributions to the
retirement fund on behalf of directors and supervisors of
special education, public school psychologists, principals of
special schools and assistants, teachers of approved special
classes for physically and mentally handicapped children, clerks
and assistants employed in programs for special education, for
the cost of textbooks and supplies of the second class used in
special education classes or schools, for extension schools and
classes, for extension recreation activities, for vocational
extension education, or for instruction of homebound children.
(i) Expenses of general control per teaching unit. Expenses of
general control shall include: salaries, supplies and other
expenses of the secretary's office; commission or salary of
treasurer, tax collector, auditors and legal service; expenses
of census enumeration and other expenses of business
administration; salaries of the superintendent of schools and
clerks of the superintendent of schools; expenses of supplies
and other expenses of the superintendent of schools' office;
and other expenses of general control. In the case of
computation of actual instruction expense per elementary
teaching unit for district pupils educated in the schools of
the district and for district pupils educated in the public
schools of other districts within the Commonwealth and actual
instruction expense per secondary teaching unit for district
pupils educated in the schools of the district and for district
pupils educated in the public schools of other districts within
the Commonwealth, expenses of general control per teaching unit
shall be calculated by dividing the foregoing listed expenses
of general control of the school district by the number of
teaching units based on the number of all pupils who are
residents of the school district and are in average daily

membership in the public schools of the Commonwealth. In the

case of computation of actual instruction expense per joint
elementary teaching unit and actual instruction expense per
joint secondary teaching unit, expenses of general control per
teaching unit shall be calculated by dividing the foregoing
listed expenses of general control of the school district by
the number of teaching units based on the number of all pupils
who are residents of the school district and are in average
daily membership in the public schools of the Commonwealth, and
adding thereto the quotient obtained by dividing the foregoing
listed expenses of general control of the joint school district
by the number of joint teaching units based on the number of
pupils who are residents of school districts that are members
of the joint school district and are in average daily membership
in the schools of the joint school district. In the case of
computation of actual instruction expense per area technical
school teaching unit, expenses of general control per teaching
unit shall be computed by dividing the foregoing listed expenses
of general control of the school district by the number of
teaching units based on the total number of all pupils who are
residents of the school district and are in average daily
membership in the public schools of the Commonwealth, and adding
thereto the quotient obtained by dividing the foregoing listed
expenses of general control of the area technical school by the
number of area technical school teaching units based on the
number of pupils who are residents of districts participating
in the area technical school and are in average daily membership
in the area technical school. (ii) Expenses of the school
district, joint school district, area technical school, or such
other school district within the Commonwealth in which the
districts' pupils are educated, as the case may be, on account
of instruction, auxiliary agencies and coordinate activities,
operation of school plant, maintenance of school plant, and
fixed charges, and each separately for elementary and for
secondary schools, per teaching unit, calculated by dividing
the sums of (a), (b), (c), (d), and (e) below by the numbers
of elementary, secondary, joint elementary, joint secondary,
and area technical school teaching units, respectively, based
on the number of all pupils on an equivalent full-time basis
in average daily membership in the public schools of the
district, or joint district, or the area technical school, or
other school district within the Commonwealth in which pupils
of the district are educated, as the case may be; (a) expenses
of instruction, to include salaries of supervisors and other
expenses of supervisors, salaries of principals and principals'
clerks, supplies of the principals' offices, other expenses of
supervision, teachers' and teacher-librarians, salaries,
textbooks, library books, supplies used in instruction including
library supplies, expenses of attending teachers' institutes,
commencement exercise and exhibit expenses, and other expenses
of instruction, (b) expenses of auxiliary agencies and
coordinate activities, to include salaries, books, repairs,
replacements, and other expenses of public libraries, and
non-reimbursable transportation and board and lodging in lieu
of transportation, and provisions for tubercular and
undernourished children, community lectures, social centers and
recreation, enforcement of attendance, and other expenses of
auxiliary agencies and coordinate activities, (c) expenses of
operation of school plant, to include wages of janitors and
other employes, fuel, water, light, power, janitors' supplies,
care of grounds, services other than personal, telephone rental,
and other expenses of operation, (d) expenses of maintenance

of school plant, to include upkeep of grounds, repair of

buildings, repairs and replacements, heating, plumbing,
lighting, apparatus used in instruction, furniture, and other
equipment, (e) expenses of fixed charges, to include payments
made to the retirement board, rent, all insurance, and other
fixed charges: Provided, That the actual instruction expense
for elementary teaching unit for district pupils educated in
the elementary grades of a laboratory school of a State-owned
college and the actual instruction expenses for secondary
teaching unit for district pupils educated in the high school
grades of a laboratory school of a State-owned college shall
be computed by (i) dividing the total amount of money paid to
the State-owned college by the resident district for the
education of all resident elementary children enrolled in a
laboratory school of a State-owned college by the number of
such elementary teaching units based on the total number of
such resident children in average daily membership in the
laboratory school, (ii) dividing the total amount of money paid
to the State-owned college by the resident district for the
education of all resident secondary children enrolled in a
laboratory school of a State-owned college by the number of
such secondary teaching units based on the total number of such
resident children in average daily membership in the laboratory
school. The teaching units are computed on the basis of thirty
(30) equivalent full time elementary children and twenty-two
(22) equivalent full time secondary children. ((11) amended
Sept. 12, 1961, P.L.1277, No.560)
(11.1) "Actual Instruction Expense per Weighted Average
Daily Membership." For the school year 1966-1967, and each
school year thereafter, the Superintendent of Public Instruction
shall calculate for each school district the actual instruction
expense per weighted average daily membership for each district
pupil. The actual instruction expense shall include all General
Fund expenses of the district except those for health services,
transportation, debt service, capital outlay, home-bound
instruction, and outgoing transfers to community colleges and
technical institutes. From this cost shall be deducted the
amount received from the State for driver's education; special
class operation; vocational curriculums; area vocational
technical schools; payments of tuition by district patrons,
parents, the State and Federal government; and all moneys
received from the State or Federal government under Public Laws
89-10 (Elementary and Secondary Education Act), 88-452 (Economic
Opportunity Act), and 87-415 (Manpower Training and Development
Act) and for projects under section 2508.3 of this act. The
actual instruction expense so determined, when divided by the
weighted average daily membership for the district shall be the
actual instruction expense per weighted average daily
membership. ((11.1) added Feb. 1, 1966, 1965 P.L.1642, No.580)
(12) ((12) repealed July 22, 1983, P.L.104, No.31)
(12.1) ((12.1) repealed July 22, 1983, P.L.104, No.31)
(13) ((13) repealed July 22, 1983, P.L.104, No.31)
(14) "Aid Ratio." The aid ratio shall be determined in the
following manner: (a) divide the market value per weighted
average daily membership of the district by the market value
per weighted average daily membership of the State; (b)
determine the product of (a) multiplied by 0.50; (c) subtract
the resultant product in (b) from one (1.0000) to determine the
aid ratio.
District
MV/WADM

---------------X
Aid
0.50
Ratio
=
1.0000
State
MV/WADM
((14) amended Dec. 20, 1983, P.L.267, No.73)
(14.1) "Market Value/Income Aid Ratio." For purposes of
reimbursement to a school district under subsections (d), (e),
and (f) of section 2502, section 2502.8, section 2502.22,
section 2502.25, section 2502.26 and section 2592, or to an
intermediate unit or area vocational-technical school, shall
be the Commonwealth's method of determining the combined market
value and income wealth for each pupil, and shall be computed,
for the school year for which reimbursement is being paid, as
follows:
(a) (i) Divide the market value per weighted average daily
membership of the district, intermediate unit or area
vocational-technical school by the market value per weighted
average daily membership of the State;
(ii) Determine the product of subsection (a)(i) multiplied
by .5;
(iii) Subtract the resultant product in subsection (a)(ii)
from 1.000 to determine the market value portion of the aid
ratio.
(iv) For purposes of the calculation described in subsection
(a)(i) through (iii), the market value of a district shall be
the real property valuation of the district for the calendar
year that concluded during the school year immediately preceding
the school year for which reimbursement is being paid. The
market value of an intermediate unit or area
vocational-technical school shall be the sum of the real
property valuations of each of its component districts for the
calendar year that concluded during the school year immediately
preceding the school year for which reimbursement is being paid.
The weighted average daily membership of a district shall be
the weighted average daily membership for the school year
immediately preceding the school year for which reimbursement
is being paid. The weighted average daily membership of an
intermediate unit or area vocational-technical school shall be
the sum of the weighted average daily memberships of each of
its component districts for the school year immediately
preceding the school year for which reimbursement is being paid.
(b) (i) Divide the income per weighted average daily
membership of the district, the intermediate unit or area
vocational-technical school by the average personal income per
weighted average daily membership of the State;
(ii) Determine the product of subsection (b)(i) multiplied
by .5;
(iii) Subtract the resultant product in subsection (b)(ii)
from 1.000 to determine the income aid ratio.
(iv) For purposes of the calculation described in subsection
(b)(i) through (iii), the income of a district shall be the
personal income valuation of the district. The income of an
intermediate unit or area vocational-technical school shall be
the sum of the personal income valuations of each of its
component districts. The weighted average daily membership of
the district shall be the weighted average daily membership for
the school year immediately preceding the school year for which
reimbursement is being paid. The weighted average daily
membership of an intermediate unit or area vocational-technical

school shall be the sum of the weighted average daily

memberships of each of its component districts for the school
year immediately preceding the school year for which
reimbursement is being paid.
(c) Add sixty percent (60%) of the market value aid ratio
to forty percent (40%) of the income aid ratio to determine the
market value/income aid ratio.
(d) For payments beginning in the 1989-1990 school year and
each school year thereafter, the Department of Education shall
utilize an adjusted personal income valuation for the 1987 tax
year and each tax year thereafter respectively in computing the
market value/income aid ratio for such districts. The adjusted
personal income valuation shall be calculated by dividing the
total out-of-State tax credits claimed by the residents of a
school district by the State personal income tax rate and
subtracting that amount from the total personal income valuation
for the individual school district. The State total personal
income valuation shall remain that as certified by the
Department of Revenue and shall not be adjusted to reflect
out-of-State tax credits.
((14.1) amended June 29, 2002, P.L.524, No.88)
(15) "Minimum Subsidy." For the school years 1976-1977 and
1977-1978, in no case shall a district receive for each pupil
in weighted average daily membership, an amount less than ten
percent (10%) of the actual cost of instruction or ten percent
(10%) of the base earned for reimbursement whichever is the
lesser amount. For the 1978-1979 school year through the
1980-1981 school year, no school district shall receive for
each pupil in weighted average daily membership an amount less
than fifteen percent (15%) of the base earned for reimbursement
or actual instructional expense per WADM, whichever is the
lesser amount. For the 1976-1977 school year through the
1980-1981 school year, a district whose actual instruction
expense per weighted average daily membership is more than two
hundred dollars ($200) less than the median actual instruction
expense per weighted average daily membership, and whose
equalized millage is within fifteen percent (15%) of the median
equalized millage, the reimbursement shall be two hundred
dollars ($200) below the median actual instruction expense per
weighted average daily membership times the district's aid ratio
for each weighted average daily membership. For the 1982-1983
school year through the 1990-1991 school year, no school
district shall receive for each pupil in weighted average daily
membership an amount less than fifteen percent (15%) of the
factor for educational expense. ((15) amended June 7, 1993,
P.L.49, No.16)
(16) ((16) repealed July 22, 1983, P.L.104, No.31)
(17) ((17) repealed July 22, 1983, P.L.104, No.31)
(17.1) "Base Earned for Reimbursement." For the school year
1982-1983 and every school year thereafter, for purposes of
calculations under section 2502.8 of the act, base earned for
reimbursement shall be the lesser of the actual instruction
expense per weighted average daily membership of the district,
or the amount earned as follows:
(i) Subtract the individual school district's equalized
millage from the highest equalized millage in the State.
(ii) Divide the amount determined in subclause (i) by the
difference between the highest and lowest equalized millage in
the State.
(iii) Multiply the quotient determined in subclause (ii)
by two hundred dollars ($200) and round to the nearest whole
dollar amount.

(iv) Subtract the amount determined in subclause (iii) from

the median actual instruction expense per weighted average daily
membership in the year for which reimbursement is being
computed.
((17.1) amended Dec. 20, 1983, P.L.267, No.73)
(18) "Equalized Subsidy for Basic Education." For the school
year 1982-1983 and each school year thereafter, each school
district shall be paid by the Commonwealth an equalized subsidy
for basic education, which shall consist of any or all of the
following, as applicable:
(i) Payments on account of instruction, as provided for in
subsections (d) and (e) of section 2502.
(ii) An economic supplement, as provided for in section
2502.11.
(iii) Assistance to small districts as provided for in
section 2502.13.
(iv) A low-expenditure, low-wealth supplement as provided
for in section 2502.17.
(v) A low-expenditure poverty supplement as provided for
in section 2502.18.
(vi) A payment as provided for in section 2502.20.
((18) amended June 7, 1993, P.L.49, No.16)
(19) "Factor for Educational Expense." For the school years
1982-1983 and 1983-1984, the factor for educational expense
used to compute school district entitlements to payments on
account of instruction, as provided for in subsection (d) of
section 2502, shall be one thousand six hundred fifty-six
dollars ($1,656) unless later changed by statute. For the school
year 1983-1984, the Factor for Educational Expense shall be one
thousand seven hundred twenty-five dollars ($1,725), unless
later changed by statute, for those school districts
participating, during the 1984-1985 school year, in a Statewide
program for testing and remediation which is designed to
identify and provide remediation services to individual students
pursuant to section 1511.1. For the 1984-1985 school year,
notwithstanding any other provisions of this act to the
contrary, the Factor for Educational Expense used to compute
all school districts' entitlements to payments on account of
instruction, as provided for in subsection (d) of section 2502,
shall be one thousand eight hundred seventy-five dollars
($1,875). For the 1985-1986 school year, the Factor for
Educational Expense used to compute all school districts'
entitlements to payments on account of instruction, as provided
for in subsection (d) of section 2502, shall be one thousand
nine hundred seventy dollars ($1,970). For the 1986-1987 school
year, the Factor for Educational Expense used to compute all
school districts' entitlements to payments on account of
instruction, as provided for in subsection (d) of section 2502,
shall be two thousand one hundred twenty-five dollars ($2,125).
For the school year 1987-1988, the Factor for Educational
Expense used to compute all school districts' entitlements to
payments on account of instruction, as provided for in
subsection (d) of section 2502, shall be two thousand two
hundred thirty dollars ($2,230). For the school year 1988-1989,
the Factor for Educational Expense used to compute all school
districts' entitlements to payments on account of instruction,
as provided for in subsection (d) of section 2502, shall be two
thousand three hundred thirty dollars ($2,330). For the school
year 1989-1990, the Factor for Educational Expense used to
compute all school districts' entitlements to payments on
account of instruction, as provided for in subsection (d) of
section 2502, shall be two thousand three hundred eighty dollars

($2,380), as provided for in section 212 of the act of July 1,

1990 (P.L.1591, No.7A), known as the "General Appropriation Act
of 1990." For the school year 1990-1991, the Factor for
Educational Expense used to compute all school districts'
entitlements to payments on account of instruction, as provided
for in subsection (d) of section 2502, shall be two thousand
five hundred fifty dollars ($2,550). ((19) amended June 7, 1993,
P.L.49, No.16)
(20) "Total Expenditure per Average Daily Membership." A
school district's total expenditures shall include all General
Fund expenditures and other financing uses for a school year,
as designated in the Manual of Accounting and Related Financial
Procedures for Pennsylvania School Systems. The total
expenditures so determined, when divided by the average daily
membership for the same school year for the district, shall be
the total expenditure per average daily membership. ((20) added
June 7, 1993, P.L.49, No.16)
(21) "Children in Low-Income Families." Children aged five
(5) to seventeen (17) years, inclusive, in families receiving
a grant in excess of two thousand dollars ($2,000) per year
from the Commonwealth on account of dependent children pursuant
to Title IV of the Social Security Act, as amended (42 U.S.C.
601 et seq.). ((21) amended Apr. 27, 1998, P.L.270, No.46)
(22) "Immediately Preceding School Year." The school year
one year prior to the current school year. ((22) added June 25,
1997, P.L.297, No.30)
(23) "Next Preceding School Year." The school year two years
prior to the current school year. ((23) added June 25, 1997,
P.L.297, No.30)
(24) "Current Expenditure per Average Daily Membership."
An amount equal to a school district's current expenditures for
a school year to include General Fund expenditures in the
functional classifications of instruction, support services and
operation of noninstructional services, as designated in the
Manual of Accounting and Related Financial Procedures for
Pennsylvania School Systems, divided by the average daily
membership of the school district for the same school year.
((24) added July 13, 2005, P.L.226, No.46)
(25) "Adjusted Current Expenditure per Average Daily
Membership." An amount equal to a school district's current
expenditures for a school year, as defined in clause (24), minus
the revenue account tuition for patrons, as designated in the
Manual of Accounting and Related Financial Procedures for
Pennsylvania School Systems, divided by the average daily
membership of the school district for the same school year.
((25) added July 11, 2006, P.L.1092, No.114)
(26) "Actual Spending." An amount equal to a school
district's total expenditures to include General Fund
expenditures in all functional classifications, as designated
in the Manual of Accounting and Related Financial Procedures
for Pennsylvania School Systems, except for:
(i) special education;
(ii) adult education;
(iii) higher education;
(iv) student transportation;
(v) community services;
(vi) scholarships and awards;
(vii) facilities acquisition;
(viii) construction and improvement services;
(ix) other expenditures and financing uses; and
(x) tuition from patrons revenue.
((26) added July 9, 2008, P.L.846, No.61)

(27) "Funding Year." The most recent school year for which
all school districts were required by the department to submit
an annual financial report prior to the date an executive budget
was proposed. ((27) added July 9, 2008, P.L.846, No.61)
(28) "Index." As established by the department in each
calendar year for the subsequent fiscal year, the average of:
(i) That amount determined by the Department of Labor and
Industry in the same manner that it determines the average
weekly wage under section 404(e)(2) of the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
"Unemployment Compensation Law," except that it shall be
calculated for the preceding calendar year.
(ii) The most recent official figures reported by the United
States Department of Labor, Bureau of Labor Statistics for the
previous twelve-month period beginning July 1 and ending June
30 for the Employment Cost Index Series for Elementary and
Secondary Schools.
((28) added July 9, 2008, P.L.846, No.61)
(29) "Location Cost Metric." An index of geographic cost
differences for each county as published by the department on
its publicly accessible Internet website on February 5, 2008.
The index shall be published in the Pennsylvania Bulletin no
later than thirty (30) days after the effective date of this
clause. ((29) added July 9, 2008, P.L.846, No.61)
(30) "Modified Average Daily Membership" or "Modified ADM."
The sum of the following products:
(i) fifty-two one-hundredths (.52) and the school district's
average daily membership in the funding year;
(ii) twenty-six one-hundredths (.26) and the school
district's average daily membership in the school year prior
to the funding year;
(iii) thirteen one-hundredths (.13) and the school
district's average daily membership two (2) school years prior
to the funding year;
(iv) six one-hundredths (0.06) and the school district's
average daily membership three (3) school years prior to the
funding year; and
(v) three one-hundredths (.03) and the school district's
average daily membership four (4) years prior to the funding
year.
((30) added July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 4 of Act 3 of 2013 which amended
clause (26) and added clauses (31), (32), (33), (34),
(35), (36), (37) and (38) provided that the Secretary of
Education shall propose regulations for promulgation by
the State Board of Education which implement the amendment
or addition of clauses (26), (31), (32),(33), (34), (35),
(36), (37) and (38).
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2501, provided that Act 61 shall apply
retroactively to July 1 2008.
(b)

Instruction.

Section 2502. Payments on Account of

Instruction.--(a) Every school district and every vocational
school district shall be paid by the Commonwealth on account
of the instruction of pupils an amount to be determined by
multiplying the numbers of elementary, secondary, joint
elementary, joint secondary, State-owned college laboratory
school, or area technical school teaching units, each based on

the number of all pupils, except kindergarten pupils, who are

residents of the district and are in average daily membership
in the district's public schools, joint elementary schools,
joint high schools, laboratory schools of State-owned colleges,
or area technical schools respectively, and in the case of
kindergarten pupils based on the number of kindergarten teachers
employed: Provided, That for the school year 1962-1963, and for
each school year thereafter, the number of equivalent full time
kindergarten teachers in a laboratory school of a State-owned
college shall be prorated among all the districts having
children enrolled in the laboratory school kindergarten on the
basis of the total number of kindergarten pupils who are legal
residents of such districts and who are in average daily
membership in the laboratory school kindergarten, and for the
school year 1957-1958 and for each school year thereafter, the
numbers of elementary or secondary teaching units, each based
on the number of all pupils who are residents of the district
and who are in average daily membership in the elementary
schools or secondary schools of other school districts within
the Commonwealth, by the district's basic account standard
reimbursement fraction; and for the school year 1955-1956 by
four thousand nine hundred dollars ($4900); for the school year
1956-1957 by five thousand three hundred dollars ($5300); for
the school year 1957-1958 and for each school year thereafter
by the lesser of actual instruction expense per elementary,
secondary, joint elementary, joint secondary, laboratory school
elementary, laboratory school secondary, area technical school,
elementary educated in the public schools of other districts
within the Commonwealth, secondary educated in the public
schools of other districts within the Commonwealth teaching
unit, each as the case may be, or five thousand eight hundred
dollars ($5800); for the school year 1962-1963 by the lesser
of actual instruction expense per elementary, secondary, joint
elementary, joint secondary, laboratory school elementary,
laboratory school secondary, area technical school, elementary
educated in the public schools of other districts within the
Commonwealth, secondary educated in the public schools of other
districts within the Commonwealth teaching unit, each as the
case may be, or six thousand five hundred dollars ($6500); and
for the school year 1963-1964 and for each school year
thereafter by the lesser of actual instruction expense per
elementary, secondary, joint elementary, joint secondary,
laboratory school elementary, laboratory school secondary, area
technical school, elementary educated in the public schools of
other districts within the Commonwealth, secondary educated in
the public schools of other districts within the Commonwealth
teaching unit, each as the case may be, or six thousand eight
hundred dollars ($6800). For the school year 1953-1954 and each
school year thereafter, teaching units shall be based on the
number of all pupils, except kindergarten pupils, who are
residents of the school district in average daily membership
in the district's public schools in State-owned college
laboratory schools and in elementary schools and high schools
operated by joint boards of which the district of residence is
a member, and in area technical schools in which the district
of residence participates. In the case of kindergarten pupils,
teaching units shall be one for each kindergarten teacher
employed by the district: Provided, That for the school year
1957-1958 and for each school year thereafter, additional
teaching units shall be based on the numbers of all pupils who
are residents of the district and are in average daily
membership in the elementary schools of other districts in the

Commonwealth or who are in average daily membership in the

secondary schools of other districts within the Commonwealth:
Further provided, That in the case of such pupils teaching units
shall be calculated on the basis of thirty-five (35) elementary
pupils and twenty-six (26) secondary pupils per teaching unit,
respectively. ((a) amended Aug. 1, 1963, P.L.461, No.246)
(b) Notwithstanding the foregoing provisions of this
section, when because of sparsity of population, road or
climatic conditions, or lack of other available high school
facilities, the Department of Public Instruction has approved
the continued operation of a small high school, the district
shall receive an amount based on a number of teaching units
equal to the number of teachers approved by the department as
being required to provide a satisfactory educational program
in such school, provided, that the number of teachers employed
is not less than the number approved. ((b) amended Oct. 21,
1965, P.L.601, No.312)
(c) For no year shall any school district or vocational
school district receive less than the minimum subsidy per
teaching unit, nor shall any school district of the first class
A, during the school year 1953-1954 for the school year
1952-1953, or during the school year 1954-1955 for the school
year 1953-1954, or during the school year 1955-1956 for the
school year 1954-1955, receive less per teaching unit than the
amount received by any district of the first class.
(d) For the school year 1976 and 1977 through the 1980-1981
school year, each school district shall be paid by the
Commonwealth on account of instruction of the district's pupils
an amount to be determined by multiplying the market
value/income aid ratio times the actual instruction expense per
weighted average daily membership or by the base earned for
reimbursement, whichever is less, and by the weighted average
daily membership for the district. For the school year 1976-1977
any school district which, as a result of the impact on payments
under subsections (d), (e) and (f) and under section 2592 by
reason of the market value/income aid ratio or the application
of equalized millage to the base earned for reimbursement, shall
suffer a reduction in subsidy entitlement, shall be held
harmless from this impact and shall receive an amount which is
no less than that received for 1976-1977 under such subsections
and under section 2592. For the 1982-1983 school year through
the 1990-1991 school year, each school district shall be paid
by the Commonwealth on account of instruction of the district's
pupils an amount to be determined by multiplying the district's
market value/income aid ratio by the factor for educational
expense and by the weighted average daily membership of the
district. For the 1983-1984 school year, each school district
participating, during the 1984-1985 school year, in a Statewide
program for testing and remediation which is designed to
identify and provide remediation services to individual students
pursuant to section 1511.1, shall be paid by the Commonwealth
on account of instruction of the district's pupils an amount
to be determined by multiplying the district's market
value/income aid ratio by the factor for educational expense,
one thousand seven hundred twenty-five dollars ($1,725), and
by the weighted average daily membership of the district. This
subsidy may be used for strengthening curriculum, increasing
standards, improving student achievement and providing remedial
programs during the 1984-1985 school year. ((d) amended June
7, 1993, P.L.49, No.16)
(e) For no school year from 1966-1967 through 1990-1991
shall any district receive less than an amount obtained by

multiplying the minimum subsidy by the weighted average daily

membership for the district. ((e) amended June 7, 1993, P.L.49,
No.16)
(f) ((f) repealed July 22, 1983, P.L.104, No.31)
(f.1) ((f.1) repealed July 22, 1983, P.L.104, No.31)
(g) ((g) repealed July 22, 1983, P.L.104, No.31)
(h) Students enrolled in a private residential
rehabilitative institution as defined in section 914.1-A or a
day treatment program of such an institution or a day treatment
program approved by the Department of Public Welfare as provided
for in section 1310(b) or a State-owned school other than a
postsecondary school shall be considered in the weighted average
daily membership of the school district of residence for the
purpose of making payments under this section. ((h) amended
Aug. 5, 1991, P.L.219, No.25)
(2502 amended July 13, 1957, P.L.864, No.391)
Section 2502.1. Supplemental Payments.--(2502.1 repealed
Feb. 1, 1966, 1965 P.L.1642, No.580)
Section 2502.2. Payments on Account of Migratory Children.-Every school district regardless of classification shall be
paid by the Commonwealth for the school term 1958-1959 and for
every school term thereafter in addition to other reimbursement
by the Commonwealth, the sum of one dollar ($1) per day not
exceeding forty days during any school term for each migratory
child attending any of its public schools. "Migratory child"
is defined as any child domiciled temporarily in any school
district for the purpose of seasonal agricultural employment
but not acquiring residence therein, and any child accompanying
his parents or guardian who is so domiciled.
(2502.2 added Sept. 9, 1959, P.L.863, No.341)
Section 2502.3. Payments on Account of Poverty.--(2502.3
repealed July 22, 1983, P.L.104, No.31)
Section 2502.4. Additional Special Assistance Grants on
Account of Low Income Families.--(2502.4 repealed July 22, 1983,
P.L.104, No.31)
Section 2502.5. Limitation of Certain
Payments.--(a) Notwithstanding any other provision of law, for
the school year 1970-1971 through the school year 1980-1981,
no school district shall be paid under subsections (d) and (e)
of section 2502 or section 2592, whichever is applicable, and
subsection (f) of section 2502, and section 2502.3 and section
2502.4 of this act an amount in excess of one hundred percent
(100%) of the total approved reimbursable instructional
expenditures of such school district. The provisions of this
subsection shall not apply to any school district receiving any
payment under subsection (g) of section 2502 of this act.
(b) Notwithstanding any other provisions of law, for the
school year 1982-1983 and 1983-1984, no school district shall
be paid under subsections (d) and (e) of section 2502 and
section 2502.11 or, for the school year 1984-1985, no school
district shall be paid under subsections (d) and (e) of section
2502, subsection (e) of this section, section 2502.11 and
section 2502.13 or, for the school year 1985-1986, no school
district shall be paid under subsections (d) and (e) of section
2502, subsection (e) of this section, section 2502.11, section
2502.13, section 2502.14 and section 2502.15 or, for the school
year 1986-1987, no school district shall be paid under
subsections (d) and (e) of section 2502, subsection (e) of this
section, section 2502.11, section 2502.13 and section 2502.15
or, for the school year 1987-1988, no school district shall be
paid under subsections (d) and (e) of section 2502, subsection
(e) of this section, sections 2502.11 and 2502.13 or, for the

school year 1988-1989 and each school year thereafter, no school

district shall be paid under subsections (d) and (e) of section
2502, sections 2502.11 and 2502.13 an amount in excess of one
hundred percent (100%) of the total reimbursable instructional
expenditures of the school district. For the 1982-1983 school
year, all school districts qualifying for payments under
subsections (d) and (e) of section 2502 and section 2502.11
shall be limited to an increase payment on account of those
sections which shall not exceed nine percent (9%) over the sums
received on account of section 2502.9 for the 1981-1982 school
year, nor shall any school district receive an increase of less
than two percent (2%) of the 1982-1983 school year payments on
account of the 1981-1982 school year. For the 1984-1985 school
year, each school district qualifying for payments under
subsections (d) and (e) of section 2502 and section 2502.11
shall be limited to an increase payment on account of those
sections which shall not exceed eight and forty-five one
hundredths percent (8.45%) over the sums received on account
of such sections for the school year 1983-1984, nor shall any
school district receive an increase of less than two percent
(2%) of such payments for the school year 1983-1984: Provided,
however, That such payments for the school year 1983-1984 shall
be computed using a Factor for Educational Expense of one
thousand six hundred fifty-six dollars ($1,656) and a maximum
payment increase of seven and forty-five one hundredths percent
(7.45%) and a minimum payment increase of two percent (2%) and
the eighty percent (80%) guarantee provided for in section
2502.5(e). For the 1985-1986 school year, each school district
qualifying for payments under subsections (d) and (e) of section
2502, subsection (e) of this section and section 2502.11 shall
be limited to an increase payment on account of those sections
which shall not exceed seven percent (7%) over the sums received
on account of such sections for the school year 1984-1985, nor
shall any school district receive an increase less than two
percent (2%) of such payments for the school year 1984-1985.
For the 1986-1987 school year, each school district qualifying
for payments under subsections (d) and (e) of section 2502,
subsection (e) of this section and section 2502.11 shall be
limited to an increase payment on account of those sections
which shall not exceed eight percent (8%) over the sums received
on account of such sections and section 2502.14 for the school
year 1985-1986, nor shall any school district receive an
increase less than two percent (2%) of such payment for the
school year 1985-1986. For the 1987-1988 school year, each
school district qualifying for payments under subsections (d)
and (e) of section 2502, subsection (e) of this section and
section 2502.11 shall be limited to an increase payment on
account of those sections which shall not exceed eight percent
(8%) over the sums received on account of such sections and
section 2502.15 for the school year 1986-1987, nor shall any
school district receive an increase less than two percent (2%)
of such payments for the school year 1986-1987. For the
1988-1989 school year and each school year thereafter, no school
district qualifying for payments under subsections (d) and (e)
of section 2502, subsection (e) of this section and section
2502.11 shall receive an increase less than two percent (2%)
of such payments for the prior school year. ((b) amended June
7, 1993, P.L.49, No.16)
(c) ((c) deleted by amendment July 1, 1985, P.L.103, No.31)
(d) ((d) deleted by amendment July 1, 1985, P.L.103, No.31)
(e) For the school years 1983-1984 and 1984-1985, no school
district shall be paid under subsections (d) and (e) of section

2502, subsection (e) of this section, and under section 2502.11

less than eighty percent (80%) of the total amount to which it
is entitled under said sections, notwithstanding any limitations
on increases in such payments enacted by the General Assembly
to the contrary. For the school year 1985-1986, no school
district shall be paid under subsections (d) and (e) of section
2502 and under section 2502.11 less than eighty-five percent
(85%) of the total amount to which it is entitled under said
sections, notwithstanding any limitations on increases in such
payments enacted by the General Assembly to the contrary. For
the school year 1986-1987, no school district shall be paid
under subsections (d) and (e) of section 2502 and under section
2502.11 less than ninety percent (90%) of the total amount to
which it is entitled under said sections, notwithstanding any
limitations on increases in such payments enacted by the General
Assembly to the contrary. For the school year 1987-1988, no
school district shall be paid under subsections (d) and (e) of
section 2502 and under section 2502.11 less than ninety-five
percent (95%) of the total amount to which it is entitled under
said sections, notwithstanding any limitations on increases in
such payments enacted by the General Assembly to the contrary.
For the school year 1983-1984, payments under this subsection
shall be computed using a Factor for Educational Expense of one
thousand six hundred fifty-six dollars ($1,656) and a maximum
payment increase of seven and forty-five one hundredths percent
(7.45%) and a minimum payment increase of two percent (2%). For
the school year 1984-1985 and each school year thereafter,
payments under this subsection shall be computed using the
Factor for Educational Expense as defined in section 2501(19)
and minimum and maximum increase limits provided for in
subsection (b) of this section. No school district shall, as a
result of this subsection, be paid an amount in excess of one
hundred percent (100%) of the total reimbursable instructional
expenditures of the school district. ((e) amended July 8, 1989,
P.L.253, No.43)
Section 2502.6. Proportionate Reduction of
Payments.--(a) If the sums appropriated for the 1978-1979
school year through the 1981-1982 school year are not sufficient
to pay in full the total amounts to which all qualified school
districts, intermediate units and nonpublic schools are entitled
to receive under the provisions of sections 917.1-A, 919.1-A,
922.1-A, 923-A(d), 2501, 2502, 2502.3, 2502.4, and 2502.8 for
such year, the allocations to the school districts, intermediate
units and nonpublic schools shall be proportionately reduced
to the extent necessary to bring the aggregate of the school
district, intermediate unit and nonpublic school allocations
within the limits of the amounts appropriated. However, no
school district's gross allocation under the provisions of the
sections referred to herein shall be less for the 1978-1979,
1979-1980, 1980-1981 or the 1981-1982 school year than its gross
allocation under such sections for the previous school year.
(b) If the sums appropriated for the 1982-1983 school year
and each school year thereafter are not sufficient to pay in
full the total amounts to which all qualified school districts,
intermediate units, area vocational-technical schools and
nonpublic schools are entitled to receive under the provisions
of sections 917.1-A, 919.1-A, 922.1-A, 923-A(d) and 2502.8 for
such year, the allocations to the school districts, intermediate
units, area vocational-technical schools and nonpublic schools
shall be proportionately reduced to the extent necessary to
bring the aggregate of the school district, intermediate unit,
area vocational-technical school and nonpublic school

allocations within the limits of the amounts appropriated. ((b)

amended July 10, 1986, P.L.1270, No.117)
(2502.6 amended Dec. 20, 1983, P.L.267, No.73)
Section 2502.7. Legislative Intent.--(2502.7 repealed July
22, 1983, P.L.104, No.31)
Section 2502.8. Payments on Account of Pupils Enrolled in
Vocational Curriculums.--(a) For the purpose of reimbursement
in accordance with this section, vocational curriculums are
agriculture education, distributive education, health
occupations education, home economics education (gainful),
business education, technical education, trade and industrial
education, or any other occupational oriented program approved
by the Secretary of Education.
(b) For the 1981-1982 school year through the 1984-1985
school year, each school district so entitled shall be paid,
in addition to any other subsidy to which it is entitled, an
amount on account of resident pupils enrolled in vocational
curriculums; for the 1985-1986 school year through the 1999-2000
school year, each school district and area vocational-technical
school shall be paid an amount on account of students enrolled
in vocational curriculums; for the 2000-2001 school year and
each school year thereafter, each school district, area
vocational-technical school and charter school shall be paid
an amount on account of students enrolled in vocational
curriculums, determined as follows:
(1) Determine the increase in the weighted average daily
membership by multiplying the number of students in average
daily membership in vocational curriculums in area
vocational-technical schools by twenty-one hundredths (.21) and
the number of students in average daily membership in school
district and charter school vocational curriculums by seventeen
hundredths (.17).
(2) Multiply the lesser of the district's actual instruction
expense per weighted average daily membership or the base earned
for reimbursement by the market value/income aid ratio or by
three hundred seventy-five thousandths (.375), whichever is
greater.
(3) Multiply the increase in weighted average daily
membership determined in clause (1) by the result of clause
(2).
(4) For the 1985-1986 through 1999-2000 school years, the
Commonwealth shall pay the amount required by this section to
the school district or area vocational-technical school which
provides the program upon which reimbursement is based.
(5) For the 2000-2001 school year and each school year
thereafter, the Commonwealth shall pay the amount required under
this section to the school district, area vocational-technical
school or charter school which provides the programs upon which
reimbursement is based.
(c) For the school year 1998-1999, any additional funding
provided by the Commonwealth over the amount provided for the
school year 1997-1998 will be distributed to area
vocational-technical schools and to school districts with eight
(8) or more vocational programs based on subsection (b).
(d) For the school year 1999-2000, any additional funding
provided by the Commonwealth over the amount provided for the
school year 1998-1999 will be distributed to area
vocational-technical schools, to school districts with eight
(8) or more vocational programs and to school districts offering
a vocational agricultural education program, based on subsection
(b).

(e) For the school year 2000-2001 and each school year
thereafter, any additional funding provided by the Commonwealth
over the amount provided for the school year 1998-1999 will be
distributed to area vocational-technical schools, to school
districts and charter schools with eight (8) or more vocational
programs and to school districts and charter schools offering
a vocational agricultural education program based on subsection
(b).
(2502.8 amended June 22, 2001, P.L.530, No.35)
Section 2502.9. Equalized Supplement for Student
Learning.--(2502.9 repealed July 22, 1983, P.L.104, No.31)
Section 2502.10. Temporary Special Aid to School Districts
Due to Real Property Reassessments.--(a) For the school year
1978-1979 and each school year thereafter, a school district
experiencing a fifteen per centum (15%) loss in total local
revenue for the support of the public schools in any one (1)
year due to the reassessment of one or more properties within
the boundaries of the public school district shall qualify for
special aid for a period of two (2) years on the condition that
the school district tax rates which were in effect at the time
of the reassessment are not reduced. Countywide reassessment
shall not qualify a district for this special aid.
(b) During the first year of the reduction in revenue caused
by the reassessment, a school district shall qualify for and
receive a special grant equal to fifty per centum (50%) of the
reduction, and in the following school year the district shall
qualify for and receive a special grant equal to twenty-five
per centum (25%) of the reduction in revenue caused by the
reassessment: Provided, however, That a school district that
qualified for such payments prior to the date of this amendatory
act shall receive its first payment in the year this amendatory
act is enacted.
(c) The special aid authorized by this section shall be
paid from undistributed basic instruction subsidy funds to the
extent that such funds are available. Beginning with payments
made during the 1987-1988 school year and each school year
thereafter, the special aid authorized by this section shall
be paid from any funds not expended, encumbered or committed
from appropriations for grants and subsidies made to the
Department of Education: Provided, that no funds available from
appropriations for library-related activities may be used for
these payments. ((c) amended Oct. 20, 1988, P.L.827, No.110)
(d) The provisions of this subsection shall apply to any
school district qualifying for the temporary aid provided for
in this section and receiving its second year of such aid during
the 1982-1983 school year. For the purpose of computing a school
district's equalized subsidy for basic education for the
1982-1983 school year, as provided for and limited by 24 Pa.C.S.
2903(b)(2) (relating to limitation of certain payments), the
Department of Education shall adjust the computation of payments
on account of section 2502.9 of this act for the 1981-1982
school year as follows: the department shall recompute the
district's guarantee, as provided for in section 2502.9(a) of
this act, by adding to the computation of the guarantee for the
1980-1981 school year the amount of the second year payment of
temporary special aid provided for in this section: Provided,
however, That no district shall receive a lesser subsidy for
the 1982-1983 school year as a result of such revised
computation, nor a subsidy in excess of the full amount to which
it would be entitled under the provisions of 24 Pa.C.S. 2902
(relating to payments on account of instruction) and 2905
(relating to economic supplement) and that no district shall

be entitled to an increased subsidy payment for the 1981-1982

school year as a result of such revised computation. ((d) added
Dec. 20, 1983, P.L.267, No.73)
(2502.10 added June 25, 1982, P.L.643, No.182)
Section 2502.11. Economic Supplement.--(a) For the school
year 1982-1983 through the school year 1990-1991, each
qualifying school district shall be paid, in addition to any
other payments to which it is entitled, an economic supplement,
based upon children in low-income families, local tax effort
and population per square mile.
(b) For the school years 1982-1983 through 1986-1987, each
qualifying school district shall be paid on account of children
in low-income families an amount in accordance with the
following table:
Percentage of Low-Income Pupils
Grant Per
In Average Daily Membership
Low-Income Pupil
10 - 19.9
$100
20 - 39.9
$300
40 or over
$500
For the school year 1987-1988, each qualifying school
district shall be paid on account of children in low-income
families an amount in accordance with the following table:
Percentage of Low-Income Pupils
Grant Per
In Average Daily Membership
Low-Income Pupil
8 - 14.9
$128
15 - 29.9
$357
30 or over
$587
For the school years 1988-1989 and 1989-1990, each qualifying
school district shall be paid on account of children in
low-income families an amount in accordance with the following
table:
Percentage of Low-Income Pupils
Grant Per
In Average Daily Membership
Low-Income Pupil
8 - 14.9
6% of the factor for educational
expense used to make payments on
account of instruction, as
provided for in section 2501(19).
15 - 29.9
16% of the factor for educational
expense used to make payments on
account of instruction, as
provided for in section 2501(19).
30 or over
27% of the factor for educational
expense used to make payments on
account of instruction, as
provided for in section 2501(19).
For the school year 1990-1991, each qualifying school
district shall be paid on account of children in low-income
families an amount in accordance with the following table:
Percentage of Low-Income Pupils
Grant Per
In Average Daily Membership
Low-Income Pupil
8 - 14.9
6% of the factor for educational
expense used to make payments on
account of instruction, as
provided for in section 2501(19).
15 - 19.9
16% of the factor for educational
expense used to make payments on
account of instruction, as
provided for in section 2501(19).
20 - 29.9
23% of the factor for educational
expense used to make payments on
account of instruction, as
provided for in section 2501(19).

30 or over

27% of the factor for educational

expense used to make payments on
account of instruction, as
provided for in section 2501(19).
For the 1982-1983 school year through the 1990-1991 school
year, low-income pupils are defined for purposes of this section
as children aged five (5) to seventeen (17) years, inclusive,
in families receiving a grant in excess of two thousand dollars
($2,000) from the Commonwealth on account of dependent children
under Title IV of the Federal Social Security Act.
(c) For the school year 1982-1983 through the school year
1987-1988, any district which levies and collects local taxes
for school purposes equal to or above the median equalized
millage, as defined in section 2501(9.3), in the year for which
reimbursement is determined shall qualify for and receive a
payment based upon local tax effort and population per square
mile in accordance with the following table, except for
qualifying districts which include a central city of a Standard
Metropolitan Statistical Area and have a district population
of less than four thousand (4,000) persons per square mile,
which districts shall receive three percent (3%) of their
instructional expenditures:
Population Per Square Mile
Payment as Percent of
of the Qualifying District
InstructionalExpenditure
5,950 and over
5
4,000 - 5,949
3
less than 4,000
1
Notwithstanding the provisions of this subsection, districts
having a general population of five thousand nine hundred fifty
(5,950) or more persons per square mile and at least thirty-five
thousand (35,000) WADMs shall be paid nineteen percent (19%)
of their instructional expenditures.
(d) For the school year 1988-1989 through the school year
1990-1991, any district which levies and collects local taxes
for school purposes equal to or above the median equalized
millage, as defined in section 2501(9.3), in the year for which
reimbursement is determined or any school district the majority
of whose population is drawn from a city of the first through
third class which levies and collects local taxes for municipal
purposes equal to or above the municipal median equalized
millage, as defined in section 2501(9.5), for the most recent
municipal fiscal year for which data is available shall qualify
for and receive a payment based upon local tax effort and
population per square mile in accordance with the following
table, except for qualifying districts which include a central
city of a Standard Metropolitan Statistical Area and have a
district population of less than four thousand (4,000) persons
per square mile, which districts shall receive three percent
(3%) of their instructional expenditures:
Population Per Square Mile
Payment as Percent of
of the Qualifying District
InstructionalExpenditure
5,950 and over
5
4,000 - 5,949
3
less than 4,000
1
Qualifying districts having a general population of five
thousand nine hundred fifty (5,950) or more persons per square
mile and at least thirty-five thousand (35,000) WADM's shall
be paid nineteen percent (19%) of their instructional
expenditures. For the 1990-1991 school year, a central city of
a Standard Metropolitan Statistical Area which has an equalized
millage as defined in clause (9.2) of section 2501 to be greater
than the median equalized millage by ten and twenty-nine

hundredths (10.29) and has an estimated 1990-1991 Weighted

Average Daily Membership (WADM) provided by the Department of
Education in June 1991 that is less than the actual 1989-1990
Weighted Average Daily Membership by two hundred (200) shall
receive an additional two percent (2%) of their 1990-1991 actual
instructional expenditure.
(2502.11 amended June 7, 1993, P.L.49, No.16)
Section 2502.12. Revised Computations of Certain
Payments.--For the purpose of computing a school district's
equalized subsidy for basic education for the 1982-1983 school
year, as provided for and limited by 24 Pa.C.S. 2903(b)(2)
(relating to limitation of certain payments), the Department
of Education shall adjust the computation of payments on account
of section 2502.9 of this act for the 1981-1982 school year as
follows: the department shall recompute the district's
guarantee, as provided for in section 2502.9(a) of this act,
for the 1980-1981 school year, so as not to account for the
subsidy increase limitation imposed by the act of July 1, 1981
(P.L.628, No.5A), known as the "General Appropriation Act of
1981": Provided, however, That no district shall receive a
lesser subsidy for the 1982-1983 school year under the
provisions of 24 Pa.C.S. 2902 (relating to payments on
account of instruction) and 2905 (relating to economic
supplement), or section 2502.10 of this act, as a result of
such revised computation and that no district shall be entitled
to an increased subsidy payment for the 1981-1982 school year
as a result of such revised computation. If the amounts
appropriated for the equalized subsidy for basic education for
the 1982-1983 school year are insufficient to pay in full the
amounts to which districts affected by the limitation in the
"General Appropriation Act of 1981" are entitled, payments to
such districts shall be proportionately reduced to the extent
necessary to bring the payments within the limits of the amounts
appropriated: Provided, however, That computation of payments
to be made beginning in the 1984-1985 fiscal year shall be based
upon a district's full entitlement under the provisions of this
section, any such proportionate reduction notwithstanding.
(2502.12 added Dec. 20, 1983, P.L.267, No.73)
Section 2502.13. Small District Assistance.--(a) For the
1984-1985 and 1985-1986 school years, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less and has
a market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater, an amount equal to fifty dollars ($50)
multiplied by that district's average daily membership. For the
1985-1986 school year, no school district shall receive less
on account of this section than it did for the 1984-1985 school
year.
(b) For the school year 1986-1987, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less and has
a market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater, or received payments under this section
for the 1985-1986 school year, an amount equal to seventy-five
dollars ($75) multiplied by that district's average daily
membership.
(c) For the school year 1987-1988, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less and a
market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater, or received payments under this section
for the 1986-1987 school year, an amount equal to eighty-five

dollars ($85) multiplied by that district's average daily

membership.
(d) For the school year 1988-1989, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less and a
market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater, or received payments under this section
for the 1987-1988 or 1988-1989 school year, an amount equal to
one hundred five dollars ($105).
(e) For the school year 1989-1990, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less and a
market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater, or received payments under this section
for the 1987-1988 school year, an amount equal to one hundred
fifteen dollars ($115) multiplied by the district's average
daily membership as provided for in section 212 of the act of
July 1, 1990 (P.L.1591, No.7A), known as the "General
Appropriation Act of 1990." For the school year 1990-1991, the
Commonwealth shall pay to each school district which has an
average daily membership of one thousand five hundred (1,500)
or less and a market value/income aid ratio of five thousand
ten-thousandths (0.5000) or greater, or received payments under
this section for the prior school year, an amount equal to one
hundred seventy dollars ($170) multiplied by that district's
average daily membership.
(f) For the school year 1990-1991, each school district
with a population per square mile of less than ninety (90),
which otherwise meets the average daily membership and market
value/income aid ratio requirements of this section, or received
payments under this section for the prior school year, shall
instead receive an amount equal to one hundred ninety dollars
($190) multiplied by that district's average daily membership.
(g) For the 1987-1988 school year through the 1990-1991
school year, no school district shall receive less on account
of this section than it did for the prior school year. For the
school year 1994-1995, the Commonwealth shall pay to each school
district which has an average daily membership of one thousand
five hundred (1,500) or less and a market value/income aid ratio
of five thousand ten-thousandths (0.5000) or greater, an amount
equal to ninety five dollars ($95) multiplied by that district's
average daily membership.
(h) For each of the school years 1997-1998 through
1999-2000, the Commonwealth shall pay to each school district
which has an average daily membership of one thousand five
hundred (1,500) or less and a market value/income aid ratio of
five thousand ten-thousandths (0.5000) or greater an amount
equal to seventy-five dollars ($75) multiplied by that
district's average daily membership.
(i) For the school years 2000-2001, 2001-2002 and 2002-2003,
the Commonwealth shall pay to each school district which has
an average daily membership of one thousand five hundred (1,500)
or less an amount equal to seventy-five dollars ($75) multiplied
by that district's average daily membership.
(j) For the school year 2003-2004, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less an
amount equal to seventy-five dollars ($75) multiplied by that
district's average daily membership. For the school year
2003-2004, the Commonwealth shall pay an additional amount to
each school district which has an average daily membership of
one thousand five hundred (1,500) or less and a market

value/income aid ratio of five thousand ten-thousandths (0.5000)

or greater an amount equal to fifty dollars ($50) multiplied
by that district's average daily membership.
(k) For the school year 2004-2005, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five hundred (1,500) or less and a
market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater an amount equal to forty-five dollars ($45)
multiplied by that district's average daily membership.
(l) For the school year 2005-2006, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five-hundred (1,500) or less and a
market value/income aid ratio of five thousand ten-thousandths
(0.5000) or greater an amount equal to seventy dollars ($70)
multiplied by that district's average daily membership and by
that district's market value/income aid ratio. ((l) added July
11, 2006, P.L.1092, No.114)
(m) For the school year 2006-2007, the Commonwealth shall
pay to each school district which has an average daily
membership of one thousand five-hundred (1,500) or less and a
market value/income aid ratio of six thousand ten-thousandths
(0.6000) or greater an amount equal to thirty dollars ($30)
multiplied by that district's average daily membership and by
that district's market value/income aid ratio. ((m) added July
20, 2007, P.L.278, No.45)
(2502.13 amended July 13, 2005, P.L.226, No.46)
Section 2502.14. School Supplement.--(a) For the 1985-1986
school year only, each school district shall be paid an amount
based upon the percentages of its entitlement under the
provisions of subsections (d) and (e) of section 2502 and
section 2502.11, as limited by the provisions of section 2502.5,
in accordance with the following table:
Percent of
Grant per
Fully Funded ESBE
WADM
100% or more
$16.00
95% or greater, but less than 100%
$17.60
90% or greater, but less than 95%
$19.21
85% or greater, but less than 90%
$20.81
(b) For the 1985-1986 school year only, each school district
which experienced an average annual percentage change decrease
in personal income or an average annual percentage increase in
personal income between 1981 and 1984 of less than one and
one-half percent (1.5%) shall be paid one percent (1%) of its
actual instruction expense for the 1985-1986 school year.
(c) For the 1985-1986 school year only, no school district
shall receive a school supplement on account of the provisions
of subsections (a) and (b) which is less than $18.09 per pupil
in average daily membership during the 1985-1986 school year.
(2502.14 added July 10, 1986, P.L.1270, No.117)
Section 2502.15. First Class A School District
Supplement.--For the 1985-1986 school year only, each school
district of the first class A shall receive a supplemental
payment equal to one million three hundred twenty-five thousand
dollars ($1,325,000). For the 1986-1987 school year, each school
district of the first class A shall receive a supplemental
payment of one million dollars ($1,000,000).
(2502.15 amended July 10, 1987, P.L.286, No.50)
Section 2502.16. Temporary Special Aid to School Districts
Suffering Loss of Tax Revenue Due to Bankruptcy of Businesses
in the School District.--(a) For the school year 1985-1986 and
each school year thereafter, a school district experiencing a
ten percent (10%) or greater loss in revenue from real estate

taxes for the support of the public schools in any one school
year, compared with real estate tax collections the previous
year, due to the nonpayment of such taxes within sixty (60)
days of the due date for the payment of such taxes during such
school year or during the preceding school year by any
businesses owning real estate within the boundaries of such
school district, by reason of bankruptcy proceedings under
Chapter 7, 11 or 13 of the Bankruptcy Code (11 U.S.C. 101 et
seq.) shall qualify for temporary special aid under the
provisions of this section for a period of two years as provided
for in subsection (b).
(b) Such temporary special aid shall be equal to the amount
of lost real estate tax revenues provided for in subsection
(a), payable to the school district during the school year in
which such loss due to bankruptcy proceedings is suffered, plus
an amount equal to fifty percent (50%) of such amount payable
to the school district during the succeeding school year. Such
temporary special aid shall be paid only once for each such
bankruptcy proceeding and only upon the condition that the
school district tax rates which were in effect at the time of
the bankruptcy proceeding are not reduced. A school district
which suffered the loss in real estate tax revenues provided
for in subsection (a) during the 1985-1986 or the 1986-1987
school year shall be eligible to receive its first payment of
temporary special aid during the 1986-1987 school year.
(c) The temporary special aid provided for in this section
shall be paid from undistributed equalized subsidy for basic
education funds to the extent that such funds are available.
Beginning with payments made during the 1987-1988 school year
and each school year thereafter, the special aid authorized by
this section shall be paid from any funds not expended,
encumbered or committed from appropriations for grants and
subsidies made to the Department of Education: Provided, that
no funds available from appropriations for library-related
activities may be used for these payments. ((c) amended Oct.
20, 1988, P.L.827, No.110)
(d) ((d) deleted by amendment June 7, 1993, P.L.49, No.16)
(e) Nothing contained in this section shall disqualify a
school district from receiving temporary special aid due to
real property reassessments provided for in section 2502.10:
Provided, however, That reassessments resulting from bankruptcy
proceedings shall not qualify a school district for the
temporary special aid provided for in section 2502.10 during
the same school year in which such school district receives
temporary special aid for such revenue loss according to the
provisions of this section.
(f) The special payments authorized by this section and
section 2502.10 shall be paid from a restricted revenue account,
which is hereby established, for such payments. Funds shall be
transferred by the Secretary of the Budget only to the extent
necessary to make the payments authorized by this section and
section 2502.10. ((f) added Oct. 20, 1988, P.L.827, No.110)
(g) The Secretary of the Budget shall provide to the
Chairman and Minority Chairman of the Senate Appropriations
Committee and the Chairman and Minority Chairman of the House
Appropriations Committee information concerning the
appropriation from which funds have been transferred and the
amounts transferred. The Department of Education shall have a
written policy concerning the method for making payments to
school districts, including the date by which payments shall
be made each fiscal year. ((g) added Oct. 20, 1988, P.L.827,
No.110)

(2502.16 added July 10, 1987, P.L.286, No.50)

Section 2502.17. Low-Expenditure, Low-Wealth
Supplement.--For the 1990-1991 school year, the Commonwealth
shall pay to each school district which has a market
value/income aid ratio of six thousand ten-thousandths (0.6000)
or greater and has an actual instruction expenditure per
weighted average daily membership for the school year prior to
the reimbursable year, which is less than the Statewide median
actual instruction expenditure per weighted average daily
membership for that year, an amount equal to one and
three-tenths percent (1.3%) of the school district's actual
instruction expenditure for the reimbursable year: Provided,
That no school district shall receive a dollar amount, which,
when combined with its actual instruction expenditure for the
year prior to the reimbursable year, would result in the
district's actual instruction expenditure per weighted average
daily membership exceeding the Statewide median actual
instruction expenditure per weighted average daily membership
for the year prior to reimbursement.
(2502.17 amended June 7, 1993, P.L.49, No.16)
Section 2502.18. Low-Expenditure Poverty Supplement.--For
the 1990-1991 school year, the Commonwealth shall pay to each
school district, which has an actual instruction expenditure
per weighted average daily membership for the school year prior
to the reimbursable year, which is less than three thousand
four hundred forty-five dollars ($3,445), and has ten percent
(10%) or more of its pupils in average daily membership as
children in low-income families, an amount equal to one-half
percent (.5%) of their actual instruction expenditure.
(2502.18 amended June 7, 1993, P.L.49, No.16)
Section 2502.19. Limitation of Payments.--Notwithstanding
any other provision of this article, for the 1991-1992 school
year only, the Commonwealth shall pay to each school district
an equalized subsidy for basic education (ESBE) which shall
consist of the same ESBE payment made to the school district
for the 1990-1991 school year.
(2502.19 added July 9, 1992, P.L.392, No.85)
Section 2502.20. Subsidy Payments.--For the 1992-1993 school
year, each school district shall be paid a subsidy amount based
upon the provisions of sections 2502.21, 2502.22, 2502.24,
2502.25 and 2502.26.
(2502.20 added June 7, 1993, P.L.49, No.16)
Section 2502.21. Education Subsidy Base.--For the 1992-1993
school year, the Commonwealth shall pay to each school district
an education subsidy base which shall consist of the same amount
that the district was entitled to receive for the 1990-1991
school year pursuant to sections 2502(d) and (e) and 2502.11,
both as adjusted pursuant to section 2502.5(b), if applicable,
and sections 2502.13, 2502.17 and 2502.18. For the 1993-1994
school year, the Commonwealth shall pay to each school district
an education subsidy base which shall consist of the same amount
that the district was entitled to receive for the prior school
year pursuant to section 2502.20.
(2502.21 added June 7, 1993, P.L.49, No.16)
Section 2502.22. Equity Supplement.--(a) For the 1992-1993
school year, each school district may qualify for payment of
the supplement based upon market value/income aid ratio, local
tax effort and total expenditure per average daily membership.
(b) To qualify for such supplement, districts shall meet
all of the following criteria:
(1) The district's market value/income aid ratio for the
school year immediately preceding the school year for which

reimbursement is being paid is greater than or equal to five

thousand ten-thousandths (0.5000).
(2) The district's equalized millage for the school year
immediately preceding the school year for which reimbursement
is being paid is greater than or equal to nineteen and
five-tenths (19.5).
(3) The district's total expenditure per average daily
membership for the school year two (2) years prior to the school
year for which reimbursement is being paid is less than or equal
to six thousand one hundred ninety-three dollars ($6,193).
(c) The Commonwealth shall pay to each qualifying school
district, as determined pursuant to subsection (b), a supplement
in an amount calculated as follows:
(1) Determine the product of the district's average daily
membership for the school year for which reimbursement is being
paid and the district's market value/income aid ratio for the
school year for which reimbursement is being paid.
(2) Multiply the result of the calculation pursuant to
clause (1) by ninety-three million dollars ($93,000,000).
(3) Divide the result of the calculation pursuant to clause
(2) by the sum of the products obtained for all qualifying
school districts pursuant to clause (1).
(d) For the school year 1992-1993, each school district
that does not qualify for the supplement described in
subsections (a) through (c) may qualify for payment of a
supplement based upon children in low-income families.
(e) To qualify for the supplement described in subsection
(d), the number of children in low-income families residing in
the district for the calendar year that concluded during the
school year immediately preceding the year for which
reimbursement is being paid divided by the district's average
daily membership for the school year two (2) years prior to the
school year for which reimbursement is being paid must be
greater than or equal to thirty-five percent (35%).
(f) The Commonwealth shall pay to each qualifying school
district, as determined pursuant to subsections (d) and (e), a
supplement in the amount of one hundred dollars ($100)
multiplied by the number of children in low-income families
residing in the district for the calendar year that concluded
during the school year for which reimbursement is being paid.
(2502.22 added June 7, 1993, P.L.49, No.16)
Section 2502.23. Minimum Effort Base.--The minimum effort
base shall be, for the purposes of qualifying for foundation
guarantee payments, the level of local revenue resources
available per pupil in average daily membership. For the
1992-1993 school year, the local revenue resources available
per pupil in average daily membership shall be computed by
multiplying the 1990 Real Property Valuation of the district
by one hundred and ninety-five ten-thousandths (0.0195).
(2502.23 added June 7, 1993, P.L.49, No.16)
Section 2502.24. Foundation Guarantee.--The foundation
guarantee is the minimum level of revenue resources that shall
be available to support each pupil in average daily membership
in the school districts of the Commonwealth. For the 1992-1993
school year, the foundation guarantee amount shall be the
difference between three thousand eight hundred seventy-five
dollars ($3,875) and the sum of the amounts described in
sections 2502.21, 2502.22 and 2502.23 for that year divided by
the number of pupils in average daily membership in the district
for the 1990-1991 school year. For the 1992-1993 school year,
the Commonwealth shall pay to each qualifying school district,
as a foundation guarantee payment, the foundation guarantee

amount multiplied by the number of pupils in average daily

membership in the district for the 1990-1991 school year.
(2502.24 added June 7, 1993, P.L.49, No.16)
Section 2502.25. Growth Supplement.--(a) For the school
year 1992-1993, each school district may qualify for payment
of a supplement based upon growth in the school district's
average daily membership, in addition to any other subsidy to
which the district may be entitled.
(b) To qualify for the growth supplement pursuant to this
section, the district's average daily membership for the school
year immediately preceding the school year for which
reimbursement is being paid must have increased by at least
four and five-tenths percent (4.5%) or by at least two hundred
fifty (250) pupils in average daily membership compared to the
school year two (2) years prior to the school year for which
reimbursement is being paid.
(c) The Commonwealth shall pay to each qualifying school
district pursuant to subsections (a) and (b) a supplement in
an amount calculated as follows:
(1) Subtract the district's average daily membership for
the school year two (2) years prior to the school year for which
reimbursement is being paid from the district's average daily
membership for the school year for which reimbursement is being
paid.
(2) Multiply the result of the calculation pursuant to
clause (1) by the district's market value/income aid ratio for
the school year for which reimbursement is being paid.
(3) Multiply the result of the calculation pursuant to
clause (2) by four hundred dollars ($400).
(2502.25 added June 7, 1993, P.L.49, No.16)
Section 2502.26. Limited Revenue Sources
Supplement.--(a) For the 1992-1993 school year, each school
district that does not qualify for any supplement contained in
sections 2502.22, 2502.24 and 2502.25 may qualify for payment
of a limited revenue sources supplement.
(b) To qualify for such supplement, the district's market
value/income aid ratio for the school year immediately preceding
the school year for which reimbursement is being paid must be
greater than or equal to seven thousand ten-thousandths
(0.7000).
(c) The Commonwealth shall pay to each qualifying district,
as determined pursuant to subsections (a) and (b), a supplement
in an amount equal to the district's average daily membership
for the school year for which reimbursement is being paid,
multiplied by two percent (2%) of three thousand eight hundred
seventy-five dollars ($3,875).
(2502.26 added June 7, 1993, P.L.49, No.16)
Section 2502.27. Discretionary Funds to Assist School
Districts Experiencing Extreme Financial Difficulty.--(a) A
sum of one million dollars ($1,000,000) from the amount
appropriated in the act of May 28, 1993 (P.L.589, No.1A), known
as the General Appropriation Act of 1993, for the equity
supplement, and any remainder if the sum appropriated for the
1993-1994 fiscal year for payments in section 2502.20 exceeds
the amounts to which all qualifying school districts are
entitled, shall be set aside as discretionary funds to assist
school districts that have been declared distressed pursuant
to section 691 and/or school districts in need of additional
support because of extreme financial difficulties. The Secretary
of Education shall establish guidelines for school districts'
applications for these funds, department approval of
applications for funds, department distribution of funds and

school districts' expenditure of these funds. The Secretary of

Education shall report to the General Assembly on such
expenditures.
(b) For the 1996-1997 fiscal year, the sum of one million
four hundred fifty thousand dollars ($1,450,000) shall be
allocated by the Secretary of Education to school districts
which previously received payments under subsection (a) and
which do not receive funding under section 2502.30 of this act.
The allocation shall be made from undistributed funds not
expended, encumbered or committed from appropriations for any
fiscal year from grants and subsidies made to the Department
of Education. The school districts shall receive an amount equal
to the amount previously received pursuant to subsection (a).
(c) Payments made pursuant to subsection (b) shall be paid
from a restricted receipt account, which is hereby established,
for such payments. Funds shall be transferred by the Secretary
of the Budget to the restricted account only to the extent
necessary to make the payments authorized by this section. The
money in the restricted account is hereby appropriated from the
account for purposes of this section.
(2502.27 amended July 11, 1996, P.L.633, No.107)
Section 2502.28. Resource Data for Foundation-Based Equity
Formula Development.--(a) The Secretary of Education shall
develop and collect data necessary to assist in policy
development for the transition to a foundation-based equity
formula in fiscal year 1994-1995. Data shall be collected which
will assist in the development of definitions of factors and
in determining the relative importance of various factors which
impact on a school district's ability to provide educational
opportunities for its students. Such factors shall include, but
not be limited to:
(1) Regional costs.
(2) Students in poverty.
(3) Students in special education programs.
(4) Local revenue sources.
(5) State revenue sources.
(6) Other potential State and local revenue sources.
(b) The initial report on the data system and data collected
shall be submitted to the majority chairman and the minority
chairman of the Education Committee of the Senate and the
majority chairman and the minority chairman of the Education
Committee of the House of Representatives by January 1, 1994.
(2502.28 added June 7, 1993, P.L.49, No.16)
Section 2502.29. Basic Education Funding.--(a) For the
purposes of this section, the phrase "base amount" shall mean
for each school district the amount of funds received by the
school district for the school year 1993-1994 pursuant to
section 2502.21 plus the amount of funds received by the school
district for foundation funding for equity for school year
1993-1994 pursuant to the act of June 16, 1994 (P.L.1473,
No.6A), known as the "General Appropriation Act of 1994," and
any supplements thereto.
(b) (1) For 1994-1995 school year, each school district
shall receive the amount calculated pursuant to clause (2) or
(3), whichever is greater.
(2) The base amount of the district divided by the average
daily membership of the district during the 1993-1994 school
year multiplied by one hundred three per centum (103%)
multiplied by the average daily membership of the district
during the 1994-1995 school year.
(3) The base amount of the district multiplied by one
hundred one per centum (101%) if the market value/income aid

ratio (MV/PIAR) is less than five thousand ten-thousandths

(0.5000), the base amount of the district multiplied by one
hundred two per centum (102%) if the market value/income aid
ratio (MV/PIAR) is greater than or equal to five thousand
ten-thousandths (0.5000) and less than seven thousand
ten-thousandths (0.7000), and the base amount of the district
multiplied by one hundred four per centum (104%) if the market
value/income aid ratio (MV/PIAR) is greater than or equal to
seven thousand ten-thousandths (0.7000).
((b) amended July 11, 1996, P.L.633, No.107)
(2502.29 added June 30, 1995, P.L.220, No.26)
Section 2502.30. Temporary Special Aid to School
Districts.--(2502.30 expired June 30, 2005. See Act 70 of 2004.)
Section 2502.31. Basic Education Funding.--For the 1995-1996
school year, the Commonwealth shall pay to each school district
a basic education funding allocation which shall equal the
amount that the school district was entitled to receive, prior
to any adjustments made under the provisions of this act, for
the 1994-1995 school year pursuant to sections 2502.13 and
2502.29 but which shall be subject to all adjustment provisions
of this act for the 1995-1996 school year.
(2502.31 added July 11, 1996, P.L.633, No.107)
Section 2502.32. For Court-Ordered Payments to Woodland
Hills School District.--The Secretary of the Budget shall
determine the amount necessary to make court-ordered payments
to the Woodland Hills School District. The Secretary of the
Budget shall transfer the amount necessary from any funds not
expended, encumbered or committed from appropriations for grants
and subsidies made to the Department of Education in any fiscal
year to a restricted account which is hereby established. The
money in the restricted account is hereby appropriated from the
account for the purposes of this section.
(2502.32 added July 11, 1996, P.L.633, No.107)
Section 2502.33. Basic Education Funding for 1996-1997
School Year.--For the 1996-1997 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 1995-1996 school year pursuant to section
2502.31.
(2) A base supplement payable to qualifying school
districts.
(i) To qualify for the base supplement, a school district's
1997-1998 market value/income aid ratio must be equal to or
greater than four thousand ten-thousandths (0.4000).
(ii) The base supplement is calculated for qualifying school
districts as follows: multiply the school district's 1997-1998
market value/income aid ratio times its 1996-1997 average daily
membership; multiply this product times sixty-six million
dollars ($66,000,000); divide the resultant product by the sum
of the products of the 1997-1998 market value/income aid ratio
times the 1996-1997 average daily membership for all qualifying
districts.
(3) A growth supplement payable to qualifying school
districts.
(i) To qualify for the growth supplement, a school
district's average daily membership must have increased between
the 1994-1995 and 1996-1997 school years.
(ii) The growth supplement is calculated for qualifying
school districts as follows: if the increase in average daily
membership between the 1994-1995 and 1996-1997 school years is
equal to or greater than four and five-tenths per centum (4.5%),

multiply two hundred dollars ($200) times the increase in

average daily membership; if the increase is less than four and
five-tenths per centum (4.5%), multiply one hundred dollars
($100) times the increase in average daily membership.
(4) Each school district will be guaranteed a minimum
increase to be calculated as follows:
(i) Each school district with a 1997-1998 market
value/income aid ratio equal to or greater than seven thousand
ten-thousandths (0.7000) will receive additional funding, as
necessary, so that the sum of the amounts in clauses (2), (3)
and (4) will equal at least four per centum (4%) of the amount
in clause (1).
(ii) Each school district with a 1997-1998 market
value/income aid ratio less than seven thousand ten-thousandths
(0.7000) will receive additional funding, as necessary, so that
the sum of the amounts in clauses (2), (3) and (4) will equal
at least one per centum (1%) of the amount in clause (1).
(2502.33 added June 25, 1997, P.L.297, No.30)
Section 2502.34. School Performance Incentives.--For the
1997-1998 fiscal year, a minimum of ten per centum (10%) of the
difference between the total Basic Education Funding
appropriation for the prior fiscal year and the current fiscal
year, as provided in Article XXV, shall be directed for School
Performance Incentives as established by the department. For
the 1998-1999 fiscal year and each fiscal year thereafter,
funding for School Performance Incentives shall be as provided
in the General Appropriation Act.
(2502.34 added June 25, 1997, P.L.297, No.30)
Section 2502.35. Basic Education Funding for 1997-1998
School Year.--For the 1997-1998 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 1996-1997 school year pursuant to section
2502.33.
(2) A base supplement payable to qualifying school
districts.
(i) To qualify for the base supplement, a school district's
1998-1999 market value/income aid ratio must be equal to or
greater than four thousand ten-thousandths (0.4000).
(ii) The base supplement is calculated for qualifying school
districts as follows: multiply the school district's 1998-1999
market value/income aid ratio times its 1997-1998 average daily
membership; multiply this product times eighty-five million
five hundred thousand dollars ($85,500,000); divide the
resultant product by the sum of the products of the 1998-1999
market value/income aid ratio times the 1997-1998 average daily
membership for all qualifying districts.
(3) A growth supplement is calculated for qualifying school
districts as follows: multiply the increase in average daily
membership between the 1996-1997 and 1997-1998 school years
times four hundred dollars ($400).
(4) A poverty supplement to qualifying school districts.
(i) To qualify for the poverty supplement, the number of
children in low-income families residing in the district for
the 1997 calendar year divided by the district's average daily
membership for the 1997-1998 school year must be greater than
or equal to ten per centum (10%).
(ii) The poverty supplement is calculated for qualifying
school districts by multiplying the number of children in
low-income families as defined in section 2501(21) residing in

the district for the 1997 calendar year times fifty dollars
($50).
(5) Each school district will be guaranteed a minimum
increase to be calculated as follows:
(i) Each school district with a 1998-1999 market
value/income aid ratio equal to or greater than seven thousand
ten-thousandths (0.7000) will receive additional funding, as
necessary, so that the sum of the amounts in clauses (2), (3),
(4) and (5) will equal at least four per centum (4%) of the
amount in clause (1).
(ii) Each school district with a 1998-1999 market
value/income aid ratio less than seven thousand ten-thousandths
(0.7000) will receive additional funding, as necessary, so that
the sum of the amounts in clauses (2), (3), (4) and (5) will
equal at least one per centum (1%) of the amount in clause (1).
(2502.35 added Apr. 27, 1998, P.L.270, No.46)
Section 2502.36. Basic Education Funding for 1998-1999
School Year.--For the 1998-1999 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 1997-1998 school year pursuant to sections
2502.13 and 2502.35. ((1) amended May 10, 2000, P.L.44, No.16)
(2) A base supplement payable to qualifying school
districts.
(i) To qualify for the base supplement, a school district's
1999-2000 market value/income aid ratio must be equal to or
greater than four thousand ten-thousandths (0.4000).
(ii) The base supplement is calculated for qualifying school
districts as follows: multiply the school district's 1999-2000
market value/income aid ratio times its 1998-1999 average daily
membership; multiply this product times seventy million five
hundred thousand dollars ($70,500,000); divide the resultant
product by the sum of the products of the 1999-2000 market
value/income aid ratio times the 1998-1999 average daily
membership for all qualifying districts.
(3) A growth supplement is calculated for qualifying school
districts as follows: multiply the increase in average daily
membership between the 1997-1998 and 1998-1999 school years
times four hundred dollars ($400).
(4) A poverty supplement to qualifying school districts.
(i) To qualify for the poverty supplement, the number of
children in low-income families residing in the district for
the 1998 calendar year divided by the district's average daily
membership for the 1998-1999 school year must be greater than
or equal to ten per centum (10%).
(ii) The poverty supplement is calculated for qualifying
school districts by multiplying the number of children in
low-income families as defined in section 2501(21) residing in
the district for the 1998 calendar year times fifty dollars
($50).
(5) Each school district will be guaranteed a minimum
increase to be calculated as follows:
(i) Each school district with a 1999-2000 market
value/income aid ratio equal to or greater than seven thousand
ten-thousandths (0.7000) will receive additional funding, as
necessary, so that the sum of the amounts in clauses (2), (3),
(4) and (5) will equal at least four per centum (4%) of the
amount in clause (1).
(ii) Each school district with a 1999-2000 market
value/income aid ratio less than seven thousand ten-thousandths
(0.7000) will receive additional funding, as necessary, so that

the sum of the amounts in clauses (2), (3), (4) and (5) will
equal at least one per centum (1%) of the amount in clause (1).
(2502.36 added June 26, 1999, P.L.394, No.36)
Compiler's Note: Section 17 of Act 16 of 2000, which amended
section 2502.36, provided that the amendment shall apply
to the appropriation for basic education funding for the
1998-1999 school year.
Section 2502.37. Basic Education Funding for 1999-2000
School Year.--For the 1999-2000 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 1998-1999 school year pursuant to sections
2502.13 and 2502.36.
(2) A base supplement payable to qualifying school
districts.
(i) To qualify for the base supplement, a school district's
2000-2001 market value/income aid ratio must be equal to or
greater than four thousand ten-thousandths (0.4000).
(ii) The base supplement is calculated for qualifying school
districts as follows: multiply the school district's 2000-2001
market value/income aid ratio times its 1999-2000 average daily
membership; multiply this product times seventy-six million
dollars ($76,000,000); divide the resultant product by the sum
of the products of the 2000-2001 market value/income aid ratio
times the 1999-2000 average daily membership for all qualifying
school districts.
(3) A growth supplement is calculated for qualifying school
districts as follows: multiply the increase in average daily
membership between the 1998-1999 and 1999-2000 school years
times four hundred dollars ($400).
(4) A poverty supplement to qualifying school districts.
(i) To qualify for the poverty supplement, the number of
children in low-income families residing in the district for
the 1999 calendar year divided by the district's average daily
membership for the 1999-2000 school year must be greater than
or equal to ten per centum (10%).
(ii) The poverty supplement is calculated for qualifying
school districts by multiplying the number of children in
low-income families as defined in section 2501(21) residing in
the district for the 1999 calendar year times fifty dollars
($50).
(5) Each school district will be guaranteed a minimum
increase to be calculated as follows:
(i) Each school district with a 2000-2001 market
value/income aid ratio equal to or greater than seven thousand
ten-thousandths (0.7000) will receive additional funding, as
necessary, so that the sum of the amounts in clauses (2), (3),
(4) and (5) will equal at least four per centum (4%) of the
amount in clause (1).
(ii) Each school district with a 2000-2001 market
value/income aid ratio less than seven thousand ten-thousandths
(0.7000) will receive additional funding, as necessary, so that
the sum of the amounts in clauses (2), (3), (4) and (5) will
equal at least one per centum (1%) of the amount in clause (1).
(2502.37 added May 10, 2000, P.L.44, No.16)
Section 2502.38. Minimum per Average Daily Membership
Guarantee.--For the 1999-2000 school year, when a school
district's basic education funding allocation calculated as the
sum of the amount under section 2502.13 for the 1999-2000 school
year plus the amount under section 2502.37, divided by the

school district's 1999-2000 average daily membership, is less

than one hundred one per centum (101%) of the school district's
basic education funding allocation calculated as the sum of the
amount under section 2502.13 for the 1998-1999 school year plus
the amount under section 2502.36, divided by the school
district's 1998-1999 average daily membership, the school
district shall receive additional funding as necessary to
provide a one per centum (1%) increase in its basic education
funding allocation per average daily membership for the
1999-2000 school year over its basic education funding
allocation per average daily membership for the 1998-1999 school
year.
(2502.38 added May 10, 2000, P.L.44, No. 16)
Section 2502.39. Basic Education Funding for 2000-2001
School Year.--For the 2000-2001 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 1999-2000 school year pursuant to sections
2502.13, 2502.37 and 2502.38.
(2) A base supplement calculated as follows:
(i) If the school district's 2001-2002 market value/income
aid ratio is equal to or greater than .7000:
(A) Multiply the school district's 2001-2002 market
value/income aid ratio by its 2000-2001 average daily
membership.
(B) Multiply the product from (A) by $25,000,000.
(C) Divide the product from (B) by the sum of the products
of the 2001-2002 market value/income aid ratio multiplied by
the 2000-2001 average daily membership for all qualifying school
districts.
(ii) If the school district's 2001-2002 market value/income
aid ratio is equal to or greater than .4000 and less than .7000:
(A) Multiply the school district's 2001-2002 market
value/income aid ratio by its 2000-2001 average daily
membership.
(B) Multiply the product from (A) by $77,000,000.
(C) Divide the product from (B) by the sum of the products
of 2001-2002 market value/income aid ratio multiplied by the
2000-2001 average daily membership for all qualifying school
districts.
(iii) If the school district's 2001-2002 market value/income
aid ratio is less than .4000:
(A) Multiply the school district's 2001-2002 market
value/income aid ratio by its 2000-2001 average daily
membership.
(B) Multiply the product from (A) by $12,000,000.
(C) Divide the product from (B) by the sum of the products
of 2001-2002 market value/income aid ratio multiplied by the
2000-2001 average daily membership for all qualifying school
districts.
(3) An increasing aid ratio supplement to qualifying school
districts as follows:
(i) To qualify for the increasing aid ratio supplement, a
school district's 2001-2002 market value/income aid ratio must
have increased by .0100 or more over the 1994-1995 market
value/income aid ratio and the school district's 2001-2002
market value/income aid ratio must be greater than or equal to
the median.
(ii) The increasing aid ratio supplement shall be calculated
for qualifying school districts as follows: multiply the school
district's increase in market value/income aid ratio between

1994-1995 and 2001-2002 by its 2000-2001 average daily

membership and multiply this product by thirty-five million
dollars ($35,000,000) and divide the resultant product by the
sum of the products of the increase in aid ratio multiplied by
the 2000-2001 average daily membership for all qualifying school
districts.
(4) A growth supplement is calculated for qualifying school
districts as follows:
(i) Each school district with an increase in average daily
membership between the 1999-2000 and 2000-2001 school years of
less than three percent (3%) shall receive an amount equal to
five hundred dollars ($500) multiplied by the actual numerical
increase in average daily membership between the 1999-2000 and
2000-2001 school years.
(ii) Each school district with an increase in average daily
membership between the 1999-2000 and 2000-2001 school years
equal to or greater than three percent (3%) shall receive an
amount equal to one thousand dollars ($1,000) multiplied by the
actual numerical increase in average daily membership between
the 1999-2000 and 2000-2001 school years.
(5) Each school district will receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and under clauses (2), (3), (4) and this clause will
equal at least two percent (2%) of the amount in clause (1).
(6) Each school district will receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and under clauses (1), (2), (3), (4), (5) and this
clause divided by the 2000-2001 average daily membership will
equal at least one hundred one percent (101%) of the amount in
clause (1) divided by its 1999-2000 average daily membership.
(2502.39 added June 22, 2001, P.L.530, No.35)
Section 2502.40. Basic Education Funding for 2001-2002
School Year.--For the 2001-2002 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2000-2001 school year pursuant to sections
2502.13 and 2502.39.
(2) A base supplement calculated as follows:
(i) If the school district's 2002-2003 market value/income
aid ratio is equal to or greater than .7000:
(A) Multiply the school district's 2002-2003 market
value/income aid ratio by its 2001-2002 average daily
membership.
(B) Multiply the product from (A) by $40,000,000.
(C) Divide the product from (B) by the sum of the products
of the 2002-2003 market value/income aid ratio multiplied by
the 2001-2002 average daily membership for all qualifying school
districts.
(ii) If the school district's 2002-2003 market value/income
aid ratio is equal to or greater than .4000 and less than .7000:
(A) Multiply the school district's 2002-2003 market
value/income aid ratio by its 2001-2002 average daily
membership.
(B) Multiply the product from (A) by $35,000,000.
(C) Divide the product from (B) by the sum of the products
of the 2002-2003 market value/income aid ratio multiplied by
the 2001-2002 average daily membership for all qualifying school
districts.
(iii) If the school district's 2002-2003 market value/income
aid ratio is less than .4000:

(A) Multiply the school district's 2002-2003 market

value/income aid ratio by its 2001-2002 average daily
membership.
(B) Multiply the product from (A) by $10,000,000.
(C) Divide the product from (B) by the sum of the products
of the 2002-2003 market value/income aid ratio multiplied by
the 2001-2002 average daily membership for all qualifying school
districts.
(3) A poverty supplement calculated for qualifying school
districts as follows:
(i) To qualify for the poverty supplement, a school
district's 2002-2003 market value/income aid ratio shall be
equal to or greater than 0.6500 and its personal income
valuation when divided by its 2001-2002 average daily membership
shall be equal to or less than $100,200.
(ii) The poverty supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2001-2002 average daily
membership by $20,000,000.
(B) Divide the product from (A) by the sum of the 2001-2002
average daily membership for all qualifying school districts.
(4) A growth supplement calculated for qualifying school
districts as follows:
(i) Each school district with an increase in average daily
membership between the 2000-2001 and 2001-2002 school years of
less than three percent (3%) shall receive an amount equal to
two hundred fifty dollars ($250) multiplied by the actual
numerical increase in average daily membership between the
2000-2001 and 2001-2002 school years.
(ii) Each school district with an increase in average daily
membership between the 2000-2001 and 2001-2002 school years
equal to or greater than three percent (3%) shall receive an
amount equal to five hundred dollars ($500) multiplied by the
actual numerical increase in average daily membership between
the 2000-2001 and 2001-2002 school years.
(5) Each school district will receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and under clauses (2), (3), (4) and this clause will
equal at least two percent (2%) of the amount in clause (1).
(2502.40 added June 29, 2002, P.L.524, No.88)
Section 2502.41. Basic Education Funding for 2002-2003
School Year.--For the 2002-2003 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2001-2002 school year pursuant to sections
2502.13 and 2502.40.
(2) Where the school district received a grant under section
1709-B during the 2002-2003 school year but is not eligible to
receive such a grant during the 2003-2004 school year, an amount
equal to the grant amount it received during the 2002-2003
school year multiplied by 0.50.
(3) A base supplement calculated as follows:
(i) Multiply the school district's 2003-2004 market
value/income aid ratio by its 2002-2003 average daily
membership.
(ii) Multiply the product from subparagraph (i) by fifty
million dollars ($50,000,000).
(iii) Divide the product from subparagraph (ii) by the sum
of the products of the 2003-2004 market value/income aid ratio
multiplied by the 2002-2003 average daily membership for all
school districts.

(4) A poverty supplement calculated for qualifying school

districts as follows:
(i) To qualify for the poverty supplement, a school
district's 2003-2004 market value/income aid ratio shall be
equal to or greater than 0.6500 and its personal income
valuation when divided by its 2002-2003 average daily membership
shall be equal to or less than one hundred three thousand five
hundred seventy-one dollars ($103,571).
(ii) The poverty supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2002-2003 average daily
membership by thirty million dollars ($30,000,000).
(B) Divide the product from clause (A) by the sum of the
2002-2003 average daily membership for all qualifying school
districts.
(5) A tax effort supplement calculated for qualifying school
districts as follows:
(i) To qualify for the tax effort supplement, a school
district's 2001 equalized millage must be equal to or greater
than 20.6 equalized mills.
(ii) The tax effort supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2002-2003 average daily
membership by fifteen million dollars ($15,000,000).
(B) Divide the product from clause (A) by the sum of the
2002-2003 average daily membership for all qualifying school
districts.
(6) A growth supplement calculated for qualifying school
districts as follows:
(i) To qualify for the growth supplement, a school
district's 2002-2003 average daily membership must be greater
than its 2001-2002 average daily membership.
(ii) The growth supplement shall be calculated for
qualifying school districts as follows:
(A) Subtract the school district's 2001-2002 average daily
membership from its 2002-2003 average daily membership and
multiply the difference by its 2003-2004 market value/income
aid ratio.
(B) Multiply the difference from clause (A) by ten million
dollars ($10,000,000).
(C) Divide the product from clause (B) by the sum of the
differences from clause (A) for all qualifying school districts.
(7) Each school district shall receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and under paragraphs (3), (4), (5) and (6) and this
paragraph will equal at least two per centum (2%) of the amount
in paragraph (1).
(2502.41 added Dec. 23, 2003, P.L.304, No.48)
Section 2502.42. Reimbursement of Additional Expenses
Related to Basic Education.--During the 2003-2004 fiscal year,
the Commonwealth shall pay to each school district a special
supplement calculated as follows:
(1) Multiply the net amount of basic education funding for
the 2002-2003 school year pursuant to sections 2502.13 and
2502.41 that would have been paid in August 2003 and in October
2003 times an interest rate as determined by the Secretary of
Education. The interest rate established shall be such that the
funds allocated under this section shall not exceed the funds
appropriated for this purpose.
(2) Multiply the products from paragraph (1) by the number
of days respectively that the August and October payments were
late.

(3) Divide the products from paragraph (2) by three hundred

sixty-five (365) days.
(4) Add the amount calculated in paragraph (3) to determine
the total special supplement.
(2502.42 added Dec. 23, 2003, P.L.304, No.48)
Section 2502.43. Basic Education Funding for 2003-2004
School Year.--For the 2003-2004 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2002-2003 school year pursuant to sections
2502.13 and 2502.41.
(2) Where the school district received a grant under section
1709-B during the 2003-2004 school year but is not eligible to
receive such a grant during the 2004-2005 school year, an amount
equal to the grant amount it received during the 2003-2004
school year multiplied by fifty percent (50%).
(3) Where the school district received funds pursuant to
section 2502.30(a) during the 2003-2004 school year, an amount
equal to the amount it received during the 2003-2004 school
year.
(4) A base supplement calculated as follows:
(i) If the school district's 2004-2005 market value/income
aid ratio is equal to or greater than seven thousand
ten-thousandths (.7000):
(A) Multiply the school district's 2004-2005 market
value/income aid ratio by its 2003-2004 average daily
membership.
(B) Multiply the product from clause (A) by seven million
five hundred thousand dollars ($7,500,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2004-2005 market value/income aid ratio
multiplied by the 2003-2004 average daily membership for all
qualifying school districts.
(ii) If the school district's 2004-2005 market value/income
aid ratio is equal to or greater than four thousand
ten-thousandths (.4000) and less than seven thousand
ten-thousandths (.7000):
(A) Multiply the school district's 2004-2005 market
value/income aid ratio by its 2003-2004 average daily
membership.
(B) Multiply the product from clause (A) by thirty-four
million dollars ($34,000,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2004-2005 market value/income aid ratio
multiplied by the 2003-2004 average daily membership for all
qualifying school districts.
(iii) If the school district's 2004-2005 market value/income
aid ratio is less than four thousand ten-thousandths (.4000):
(A) Multiply the school district's 2004-2005 market
value/income aid ratio by its 2003-2004 average daily
membership.
(B) Multiply the product from clause (A) by five million
dollars ($5,000,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2004-2005 market value/income aid ratio
multiplied by the 2003-2004 average daily membership for all
qualifying school districts.
(5) A poverty supplement calculated for qualifying school
districts as follows:
(i) To qualify for the poverty supplement, a school
district's 2004-2005 market value/income aid ratio must be equal

to or greater than six thousand five hundred ten-thousandths

(0.6500) and its personal income valuation when divided by its
2003-2004 average daily membership must be equal to or less
than one hundred three thousand five hundred seventy-one dollars
($103,571).
(ii) The poverty supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2003-2004 average daily
membership by thirty-three million dollars ($33,000,000).
(B) Divide the product from clause (A) by the sum of the
2003-2004 average daily membership for all qualifying school
districts.
(6) A tax effort supplement calculated for qualifying school
districts as follows:
(i) To qualify for the tax effort supplement, a school
district's 2002 equalized millage must be equal to or greater
than 20.0 equalized mills.
(ii) The tax effort supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2003-2004 average daily
membership by ten million dollars ($10,000,000).
(B) Divide the product from clause (A) by the sum of the
2003-2004 average daily membership for all qualifying school
districts.
(7) A growth supplement calculated for qualifying school
districts as follows:
(i) To qualify for the growth supplement, a school
district's 2003-2004 average daily membership must be greater
than its 2002-2003 average daily membership.
(ii) The growth supplement shall be calculated for
qualifying school districts as follows:
(A) Subtract the school district's 2002-2003 average daily
membership from its 2003-2004 average daily membership and
multiply the difference by its 2004-2005 market value/income
aid ratio.
(B) Multiply the difference from clause (A) by thirteen
million dollars ($13,000,000).
(C) Divide the product from clause (B) by the sum of the
differences from clause (A) for all qualifying school districts.
(8) Each school district shall receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and paragraphs (4), (5), (6), (7) and this paragraph
will equal at least two percent (2%) of the amount in paragraph
(1).
(2502.43 added July 4, 2004, P.L.536, No.70)
Section 2502.44. Basic Education Funding for 2004-2005
School Year.--For the 2004-2005 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2003-2004 school year pursuant to sections
2502.13, 2502.30(a.1) and (a.2), 2502.43 and 2504.4.
(2) Where the school district received a grant under section
1709-B during the 2004-2005 school year but is not eligible to
receive such a grant during the 2005-2006 school year, an amount
equal to the grant amount it received during the 2004-2005
school year multiplied by fifty percent (50%).
(3) An amount equal to any payment made pursuant to section
2502.10 during the 2004-2005 school year.
(4) A base supplement calculated as follows:

(i) If the school district's 2005-2006 market value/income

aid ratio is equal to or greater than seven thousand
ten-thousandths (.7000):
(A) Multiply the school district's 2005-2006 market
value/income aid ratio by its 2004-2005 average daily
membership.
(B) Multiply the product from clause (A) by twelve million
five hundred thousand dollars ($12,500,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2005-2006 market value/income aid ratio
multiplied by the 2004-2005 average daily membership for all
qualifying school districts.
(ii) If the school district's 2005-2006 market value/income
aid ratio is equal to or greater than five thousand
ten-thousandths (.5000) and less than seven thousand
ten-thousandths (.7000):
(A) Multiply the school district's 2005-2006 market
value/income aid ratio by its 2004-2005 average daily
membership.
(B) Multiply the product from clause (A) by forty million
dollars ($40,000,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2005-2006 market value/income aid ratio
multiplied by the 2004-2005 average daily membership for all
qualifying school districts.
(iii) If the school district's 2005-2006 market value/income
aid ratio is less than five thousand ten-thousandths (.5000):
(A) Multiply the school district's 2005-2006 market
value/income aid ratio by its 2004-2005 average daily
membership.
(B) Multiply the product from clause (A) by five million
five hundred thousand dollars ($5,500,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2005-2006 market value/income aid ratio
multiplied by the 2004-2005 average daily membership for all
qualifying school districts.
(5) A temporary special assistance supplement for qualifying
school districts as follows:
(i) To qualify for the temporary special assistance
supplement, the school district's 2003-2004 current expenditure
per average daily membership must be less than ninety-seven and
eight-tenths percent (97.8%) of the 2003-2004 median current
expenditure per average daily membership.
(ii) The temporary special assistance supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the school district's 2004-2005 average daily
membership by its 2005-2006 market value/income aid ratio.
(B) Multiply the product from clause (A) by the lesser of:
(1) thirty-five dollars ($35); or
(2) the difference between the value of ninety-seven and
eight-tenths (97.8%) percent of the 2003-2004 median current
expenditure per average daily membership and the school
district's 2003-2004 current expenditure per average daily
membership.
(iii) If a qualifying school district's 2003 equalized
millage is equal to or greater than twenty and seven-tenths
(20.7) equalized mills and less than twenty-four and two-tenths
(24.2) equalized mills, it shall receive an additional payment
calculated as follows:
(A) Multiply the school district's 2004-2005 average daily
membership by the school district's 2005-2006 market
value/income aid ratio.

(B) Multiply the product from clause (A) by forty-five

dollars ($45).
(iv) If a qualifying school district's 2003 equalized
millage is equal to or greater than twenty-four and two-tenths
(24.2) equalized mills, it shall receive an additional payment
calculated as follows:
(A) Multiply the school district's 2004-2005 average daily
membership by the school district's 2005-2006 market
value/income aid ratio.
(B) Multiply the product from clause (A) by fifty-five
dollars ($55).
(v) A school district that qualifies for the temporary
special assistance supplement under this paragraph shall receive
an amount equal to the sum of the amounts under subparagraphs
(ii), (iii) and (iv).
(6) A poverty supplement calculated for qualifying school
districts as follows:
(i) To qualify for the poverty supplement, a school
district's 2005-2006 market value/income aid ratio must be equal
to or greater than six thousand five hundred ten-thousandths
(.6500), and its personal income valuation, when divided by its
2004-2005 average daily membership, must be equal to or less
than one hundred five thousand dollars ($105,000).
(ii) The poverty supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2004-2005 average daily
membership by seventeen million dollars ($17,000,000).
(B) Divide the product from clause (A) by the sum of the
2004-2005 average daily membership for all qualifying school
districts.
(7) A tax effort supplement calculated for qualifying school
districts as follows:
(i) To qualify for the tax effort supplement, a school
district's 2003 equalized millage must be equal to or greater
than twenty and eight-tenths (20.8) equalized mills.
(ii) The tax effort supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2004-2005 average daily
membership by nine million dollars ($9,000,000).
(B) Divide the product from clause (A) by the sum of the
2004-2005 average daily membership for all qualifying school
districts.
(8) A growth supplement calculated for qualifying school
districts as follows:
(i) To qualify for the growth supplement, a school
district's 2004-2005 average daily membership must be greater
than its 2003-2004 average daily membership.
(ii) The growth supplement shall be calculated for
qualifying school districts as follows:
(A) Subtract the school district's 2003-2004 average daily
membership from its 2004-2005 average daily membership and
multiply the difference by its 2005-2006 market value/income
aid ratio.
(B) Multiply the difference from clause (A) by nine million
five hundred thousand dollars ($9,500,000).
(C) Divide the product from clause (B) by the sum of the
differences from clause (A) for all qualifying school districts.
(9) Each school district shall receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and paragraphs (4), (5), (6), (7) and (8) and this
paragraph shall equal at least two percent (2%) of the amount
in paragraph (1).

(2502.44 added July 13, 2005, P.L.226, No.46)

Section 2502.45. Basic Education Funding for 2005-2006
School Year.--For the 2005-2006 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2004-2005 school year pursuant to sections
2502.13, 2502.44 and 2504.4.
(2) Where the school district received a grant under section
1709-B during the 2005-2006 school year but is not eligible to
receive such a grant during the 2006-2007 school year, an amount
equal to the grant amount the district received during the
2005-2006 school year multiplied by fifty percent (50%).
(3) An amount equal to any payment made pursuant to section
2502.10 during the 2004-2005 school year.
(4) Where the school district received payments under
section 34 of the act of June 29, 2002 (P.L.524, No.88),
entitled "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,' further defining the
"Pennsylvania System of School Assessment test" or "PSSA test";
providing for report of graduate rates for certain colleges and
universities; further providing for establishment of independent
schools, for school athletics, publications and organizations,
for retention of records and for annual budgets; providing for
membership of the School Reform Commission and responsibilities
relating to financial matters of first class school districts
in distress; further providing for intermediate unit board of
directors; providing for conditional employment; further
providing for age limits and temporary residence and for
educational support services definitions and providers, for
high school certificates, for charter school definitions, for
funding for charter schools and for provisions applicable to
charter schools; adding provisions for cyber charter schools;
further providing for regulations and provisions applicable to
charter schools, for education empowerment districts, for
waivers, for alternative education and for trustee councils in
institutions of the State System of Higher Education; providing
for placement of adjudicated delinquents in first class school
districts; further providing for Commonwealth reimbursement
definitions, for small district assistance and for temporary
special aid to certain school districts; providing for basic
education funding for 2001-2002 school year; further providing
for payments to intermediate units, for payments on account of
transportation of nonpublic school pupils, for special education
payments and for certain payments; providing for Commonwealth
reimbursement for charter schools and cyber charter schools;
further providing for school performance incentives; authorizing
the Multipurpose Service Center Grant Program; further providing
for powers and duties of the State Board of Education; and
making an appropriation," an amount equal to such payments.
(5) Where a school district has been declared a Commonwealth
partnership school district under Article XVII-B, an amount
equal to five million two hundred thousand dollars ($5,200,000).
(6) A base supplement calculated as follows:
(i) If the school district's market value/income aid ratio
is equal to or greater than seven thousand three hundred
seventy-one ten-thousandths (.7371):

(A) Multiply the school district's 2006-2007 market

value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product from clause (A) by ten million
seven hundred thousand dollars ($10,700,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2006-2007 market value/income aid ratio
multiplied by the 2005-2006 average daily membership for all
qualifying school districts.
(ii) If the school district's market value/income aid ratio
is equal to or greater than six thousand five hundred
ninety-five ten-thousandths (.6595) and less than seven thousand
three hundred seventy-one ten-thousandths (.7371):
(A) Multiply the school district's 2006-2007 market
value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product from clause (A) by thirty-five
million nine hundred fifty thousand dollars ($35,950,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2006-2007 market value/income aid ratio
multiplied by the 2005-2006 average daily membership for all
qualifying school districts.
(iii) If the school district's market value/income aid ratio
is equal to or greater than five thousand eight hundred
sixty-three ten-thousandths (.5863) and less than six thousand
five hundred ninety-five ten-thousandths (.6595):
(A) Multiply the school district's 2006-2007 market
value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product from clause (A) by thirteen million
three hundred thousand dollars ($13,300,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2006-2007 market value/income aid ratio
multiplied by the 2005-2006 average daily membership for all
qualifying school districts.
(iv) If the school district's market value/income aid ratio
is equal to or greater than four thousand forty-four
ten-thousandths (.4044) and less than five thousand eight
hundred sixty-three ten-thousandths (.5863):
(A) Multiply the school district's 2006-2007 market
value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product from clause (A) by fifteen million
six hundred thousand dollars ($15,600,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2006-2007 market value/income aid ratio
multiplied by the 2005-2006 average daily membership for all
qualifying school districts.
(v) If the school district's market value/income aid ratio
is less than four thousand forty-four ten-thousandths (.4044):
(A) Multiply the school district's 2006-2007 market
value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product from clause (A) by four million
five hundred thousand dollars ($4,500,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2006-2007 market value/income aid ratio
multiplied by the 2005-2006 average daily membership for all
qualifying school districts.
(7) A poverty supplement calculated for qualifying school
districts as follows:

(i) For a school district to qualify for the poverty

supplement:
(A) the quotient of the school district's personal income
valuation divided by its 2005-2006 average daily membership
must not exceed ninety-one thousand dollars ($91,000); or
(B) the school district's 2006-2007 market value/income aid
ratio must be at least six thousand six hundred ten-thousandths
(.6600).
(ii) The poverty supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2005-2006 average daily
membership by fifty-five million dollars ($55,000,000).
(B) Divide the product from clause (A) by the sum of the
2005-2006 average daily membership for all qualifying school
districts.
(8) A foundation supplement calculated for qualifying school
districts as follows:
(i) To qualify for the foundation supplement, a school
district's 2004-2005 adjusted current expenditures per average
daily membership must be less than the 2003-2004 median current
expenditures per average daily membership increased by three
and nine-tenths percent (3.9%) and its 2004-2005 equalized
millage must be greater than or equal to 17.2.
(ii) The foundation supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2006-2007 market
value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product in clause (A) by the lesser of:
(I) five hundred dollars ($500), or if its 2004-2005
equalized millage is equal to or greater than 28.3 and its
2006-2007 market value/income aid ratio is equal to or greater
than seven thousand five hundred sixty three ten-thousandths
(.7563), eight hundred fifty dollars ($850); or
(II) the difference between the value of the 2003-2004
median current expenditures per average daily membership
increased by three and nine-tenths percent (3.9%) and the school
district's 2004-2005 adjusted current expenditures per average
daily membership; or
(III) if the school district's 2004-2005 equalized mills
is less than twenty (20.0), the product of the lesser of the
amount in clause (B)(I) or (II) and the quotient of its
2004-2005 equalized mills divided by twenty (20.0).
(C) Multiply the product from clause (B) by forty-four
million dollars ($44,000,000).
(D) Divide the product from clause (C) by the sum of the
products from clause (B).
(iii) If a qualifying school district's equalized millage
is equal to or greater than twenty-three and eight-tenths
(23.8), it shall receive an additional payment calculated as
follows:
(A) Multiply the product from subparagraph (ii)(B) by twenty
million dollars ($20,000,000).
(B) Divide the product from clause (A) by the sum of the
products from subparagraph (ii)(B) for qualifying school
districts.
(9) A tax effort supplement calculated for qualifying school
districts as follows:
(i) To qualify for the tax effort supplement, a school
district's 2004 equalized millage must be equal to or greater
than twenty (20) equalized mills.

(ii) The tax effort supplement shall be calculated for

qualifying school districts as follows:
(A) Multiply the school district's 2005-2006 average daily
membership by eleven million dollars ($11,000,000).
(B) Divide the product from clause (A) by the sum of the
2005-2006 average daily membership for all qualifying school
districts.
(10) A growth supplement calculated for qualifying schools
districts as follows:
(i) To qualify for this portion of the growth supplement,
a school district's average daily membership must have increased
by at least two percent (2%) between the 2002-2003 and 2004-2005
school years, its 2004-2005 local school tax revenue divided
by its 2004-2005 average daily membership must be less than its
2002-2003 local school tax revenue divided by its 2002-2003
average daily membership, and its 2006-2007 market value/income
aid ratio must be equal to or greater than five thousand eight
hundred sixty-three ten-thousandths (.5863). This portion of
the growth supplement shall be calculated for qualifying school
district as follows:
(A) Multiply the school district's 2006-2007 market
value/income aid ratio by its 2005-2006 average daily
membership.
(B) Multiply the product from clause (A) by five hundred
thousand dollars ($500,000).
(C) Divide the product from clause (B) by the sum of the
products from clause (A).
(ii) To qualify for this portion of the growth supplement,
a school district's 2005-2006 average daily membership must be
greater than its 2004-2005 average daily membership. This
portion of the growth supplement shall be calculated for
qualifying school districts as follows:
(A) Subtract the school district's 2004-2005 average daily
membership from its 2005-2006 average daily membership and
multiply the difference by its 2006-2007 market value/income
aid ratio.
(B) Multiply the difference from clause (A) by five million
dollars ($5,000,000).
(C) Divide the product from clause (B) by the sum of the
differences from clause (A) for all qualifying school districts.
(iii) For this portion of the growth supplement, the
department shall calculate the following:
(A) Subtract the school district's 1994-1995 average daily
membership from its 2004-2005 average daily membership.
(B) Divide the difference from clause (A) by the school
district's 1994-1995 average daily membership.
(C) Divide the school district's basic education funding
allocation for the 1994-1995 school year, calculated pursuant
to sections 2502.13 and 2502.29, by the school district's
1994-1995 average daily membership.
(D) Divide the school district's basic education funding
allocation for the 2004-2005 school year, calculated pursuant
to sections 2502.13, 2502.44 and 2504.4, by the school
district's 2004-2005 average daily membership.
(E) For each school district, subtract the quotient from
clause (C) from the quotient from clause (D).
(F) Divide the total basic education funding allocation for
the 1994-1995 school year, calculated pursuant to sections
2502.13 and 2502.29, by the 1994-1995 average daily membership
for all school districts.
(G) Divide the total basic education funding allocation for
the 2004-2005 school year, calculated pursuant to sections

2502.13, 2502.44 and 2504.4, by the 2004-2005 average daily

membership for all school districts.
(H) Subtract the quotient from clause (F) from the quotient
from clause (G).
(I) A school district for which the quotient from clause
(B) is greater than ten percent (10%) but less than twenty
percent (20%) and for which the difference from clause (E) is
less than the difference from clause (H) shall receive an amount
equal to the difference from clause (A) multiplied by sixty
dollars ($60).
(J) A school district for which the quotient from clause
(B) is greater than or equal to twenty percent (20%) and for
which the difference from clause (E) is less than the difference
from clause (H) shall receive an amount equal to the difference
from clause (A) multiplied by one hundred ten dollars ($110).
(iv) The amount of a school district's growth supplement
under this paragraph shall be the sum of the amount calculated
pursuant to subparagraph (i) and the greater of the amount
calculated pursuant to subparagraph (ii) or (iii).
(11) Each school district shall receive additional funding
as necessary so that the sum of the amounts under section
2502.13 and paragraphs (6), (7), (8), (9) and (10), and this
paragraph shall equal at least three and five-tenths percent
(3.5%) of the amount in paragraph (1).
(12) Each school district shall receive additional funding
as necessary so that the sum of the amounts under sections
2502.13 and 2504.4 and paragraphs (1), (6), (7), (8), (9), (10),
(11) and this paragraph shall equal the basic education funding
allocation for the school district as published on the
Department of Education's Internet website on February 8, 2006.
Within thirty (30) days of the effective date of this paragraph,
the basic education funding allocation for each school district,
as published on the Department of Education's Internet website
on February 8, 2006, shall be published in the Pennsylvania
Bulletin.
(2502.45 added July 11, 2006, P.L.1092, No.114)
Section 2502.46. Funding for Partnership Schools.--The
following shall apply:
(1) Beginning with the 2005-2006 school year and each school
year thereafter, a school district of the first class shall
expend no less than twenty-five million dollars ($25,000,000)
from its annual basic education funding allocation solely for
costs associated with the operation of schools governed by
agreements pursuant to section 696(i)(2) for the operation of
schools previously designated as partnership schools under the
School Reform Commission Resolution Number 10 of April 17, 2002,
or their successors, or for schools operated under any successor
partnership agreements or contracts.
(2) Such expenditures shall include costs associated with
targeted reform efforts such as: enhancements in curriculum;
material and equipment, including computer hardware;
professional development programs; improved or newly established
accountability measures for employes; safety and security
measures; and other costs associated with such agreements.
(3) These funds shall be supplemental and in addition to
any amount of Federal, State and local funds allocated to those
schools previously designated as partnership schools by a school
district of the first class under its standard budgeting
process.
(4) Receipt of funds pursuant to this paragraph shall in
no way be deemed to authorize those schools previously
designated as partnership schools by a school district of the

first class to be treated differently from other schools in the

school district of the first class in terms of services or other
funding provided by the school district of the first class.
(5) (i) No later than September 1, 2008, and each September
1 thereafter, a school district of the first class shall file
a report with the Department of Education containing the
following information with regard to programs funded under this
section for the immediately preceding school year:
(A) The name of each school whose operation was governed
by an agreement pursuant to paragraph (1), the grade levels
served and the number of children attending each school and the
name of the person or persons with whom the district has made
an agreement for that school's operations.
(B) The total dollar amount of costs specified in the
agreement existing between the school district and each partner
to be paid to the partner and the terms and conditions specified
in each agreement.
(C) The total dollar amount of costs actually paid by the
school district to each partner for the operation of its
partnership school or schools.
(D) If a difference exists between the dollar amounts
reported in clause (C) and those reported in clause (B), an
explanation for the difference.
(E) If a difference exists between the dollar amounts
reported in clause (C) and the dollar amount required to be
expended by the district pursuant to paragraph (1), an
accounting of where the unexpended dollars were utilized.
(ii) Included in the report due no later than September 1,
2008, shall be the information required pursuant to subparagraph
(i)(A) and (B) as provided for in the final budget adopted by
a school district of the first class for the 2008-2009 school
year.
(iii) A school district of the first class may submit an
updated plan for the operations of schools governed by
agreements pursuant to this section anticipated for the
2009-2010 school year at any time during the 2008-2009 school
year.
(iv) No later than thirty (30) days after receipt of this
report a copy shall be furnished to the chairman and minority
chairman of the Appropriations Committee of the Senate and the
chairman and minority chairman of the Appropriations Committee
of the House of Representatives.
((5) added July 9, 2008, P.L.846, No.61)
(2502.46 added July 11, 2006, P.L.1092, No.114)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 2502.46(5), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2502.47. Basic Education Funding for 2006-2007
School Year.--For the 2006-2007 school year, the Commonwealth
shall pay to each school district a basic education funding
allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2005-2006 school year under sections 2502.13,
2502.45 and 2504.4.
(2) If a school district has been declared a Commonwealth
partnership school district under Article XVII-B, an amount
equal to four million dollars ($4,000,000).
(3) A base supplement calculated as follows:
(i) If the school district's market value/income aid ratio
is equal to or greater than seven thousand three hundred
ninety-one ten-thousandths (.7391):

(A) Multiply the school district's 2007-2008 market

value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product from clause (A) by five million
nine hundred fifty thousand dollars ($5,950,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership for all
qualifying school districts.
(ii) If the school district's 2007-2008 market value/income
aid ratio is equal to or greater than six thousand six hundred
fifteen ten-thousandths (.6615) and less than seven thousand
three hundred ninety-one ten-thousandths (.7391):
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product from clause (A) by seventeen
million five hundred twenty thousand dollars ($17,520,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership for all
qualifying school districts.
(iii) If the school district's 2007-2008 market value/income
aid ratio is equal to or greater than five thousand eight
hundred fifty-six ten-thousandths (.5856) and less than six
thousand six hundred fifteen ten-thousandths (.6615):
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product from clause (A) by seven million
eight hundred thousand dollars ($7,800,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership for all
qualifying school districts.
(iv) If the school district's 2007-2008 market value/income
aid ratio is equal to or greater than four thousand one hundred
ninety-five ten-thousandths (.4195) and less than five thousand
eight hundred fifty-six ten-thousandths (.5856):
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product from clause (A) by eleven million
four hundred thousand dollars ($11,400,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership for all
qualifying school districts.
(v) If the school district's 2007-2008 market value/income
aid ratio is less than four thousand one hundred ninety-five
ten-thousandths (.4195):
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product from clause (A) by six million
twenty-five thousand dollars ($6,025,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership for all
qualifying school districts.
(4) A poverty supplement calculated for qualifying school
districts as follows:

(i) For a school district to qualify for the poverty

supplement:
(A) forty percent (40%) or more of the students enrolled
in the school district on October 31, 2006, must have been
eligible for free or reduced price meals under the school lunch
program, and the school district's 2007-2008 market value/income
aid ratio must be at least four thousand five hundred
ten-thousandths (.4500); or
(B) equal to or greater than thirty percent (30%) and fewer
than forty percent (40%) of the students enrolled in the school
district on October 31, 2006, must have been eligible for free
or reduced price meals under the school lunch program, and the
school district's 2007-2008 market value/income aid ratio must
be at least six thousand five hundred ten-thousandths (.6500).
(ii) The poverty supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily membership
by the percent of students enrolled in the school district on
October 31, 2006, who were eligible for free or reduced price
meals under the school lunch program.
(B) Multiply the product from clause (A) by twenty-six
million dollars ($26,000,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership multiplied
by the percent of students enrolled in the school district on
October 31, 2006, who were eligible for free or reduced price
meals under the school lunch program for all qualifying school
districts.
(5) A foundation supplement calculated for qualifying
districts as follows:
(i) To qualify for the foundation supplement, a school
district's 2005-2006 adjusted current expenditures per average
daily membership must be less than the foundation target, and
its 2005-2006 equalized millage must be greater than or equal
to 18.0. For the purpose of this subsection, the "foundation
target" shall be one of the following:
(A) The 2003-2004 median current expenditures per average
daily membership increased by three and nine-tenths percent
(3.9%) and further increased by three and four-tenths percent
(3.4%).
(B) For a school district where at least fifty percent (50%)
of students enrolled in the school district on October 31, 2006,
were eligible for free or reduced price meals under the school
lunch program, the amount referenced under clause (A) increased
by twenty percent (20%).
(ii) The foundation supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product in clause (A) by the lesser of:
(I) five hundred dollars ($500), or if its 2007-2008 market
value/income aid ratio is equal to or greater than seven
thousand ten-thousandths (.7000), eight hundred fifty dollars
($850);
(II) the difference between the value of the foundation
target and the school district's 2005-2006 adjusted current
expenditures per average daily membership; or
(III) if the school district's 2005-2006 equalized millage
is less than twenty-one and one-tenth (21.1), the product of

the lesser of the amount in clause (B)(I) or (II) and the

quotient of its 2005-2006 equalized millage divided by
twenty-one and one-tenth (21.1).
(C) Multiply the product from clause (B) by forty million
dollars ($40,000,000).
(D) Divide the product from clause (C) by the sum of the
products from clause (B).
(iii) If a qualifying school district's 2005-2006 equalized
millage is equal to or greater than twenty-four and seven-tenths
(24.7), it shall receive an additional payment calculated as
follows:
(A) Multiply the product from subparagraph (ii)(B) by
eighteen million dollars ($18,000,000).
(B) Divide the product from clause (A) by the sum of the
products from subparagraph (ii)(B) for qualifying school
districts.
(6) A tax effort supplement calculated for qualifying school
districts as follows:
(i) To qualify for this portion of the tax effort
supplement, the percent change in a school district's market
value from 2000 to 2005 must be less than ten percent (10%).
(ii) This portion of the tax effort supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by its 2006-2007 average daily
membership.
(B) Multiply the product from clause (A) by three million
dollars ($3,000,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the 2006-2007 average daily membership for all
qualifying school districts.
(iii) To qualify for this portion of the tax effort
supplement, a school district's 2007-2008 market value/income
aid ratio must be greater than four thousand five hundred
ten-thousandths (.4500), the residential portion of its 2005
assessed valuation as determined by the State Tax Equalization
Board must be greater than eighty-seven percent (87%), its
2005-2006 equalization millage must be greater than twenty-two
and five-tenths (22.5), and its 2007-2008 market value/income
aid ratio minus its 1994-1995 market value/income aid ratio
must be greater than one thousand ten-thousandths (.1000).
(iv) This portion of the tax effort supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the school district's 2006-2007 average daily
membership by five hundred thousand dollars ($500,000).
(B) Divide the product from clause (A) by the sum of the
2006-2007 average daily membership for all qualifying school
districts.
(7) A growth supplement calculated for qualifying school
districts as follows:
(i) To qualify for the growth supplement, the school
district's 2005-2006 average daily membership must be at least
five percent (5%) greater than the school district's 2000-2001
average daily membership, the school district's 2005 market
value per 2005-2006 average daily membership must be less than
or equal to nineteen and one-half percent (19.5%) greater than
the school district's 2000 market value per 2000-2001 average
daily membership, and the school district's 2006-2007 average
daily membership must be greater than the school district's
2005-2006 average daily membership.

(ii) The growth supplement shall be calculated for

qualifying school districts as follows:
(A) Multiply the school district's 2007-2008 market
value/income aid ratio by the difference between the school
district's 2005-2006 average daily membership and the school
district's 2006-2007 average daily membership.
(B) Multiply the product from clause (A) by two million
five hundred thousand dollars ($2,500,000).
(C) Divide the product from clause (B) by the sum of the
products of the 2007-2008 market value/income aid ratio
multiplied by the difference between the 2005-2006 average daily
membership and the 2006-2007 average daily membership for all
qualifying school districts.
(8) Each school district shall receive an inflation index
supplement as necessary so that the sum of the amounts under
section 2502.13 or 2504.4 and paragraphs (3), (4), (5), (6) and
(7) and this paragraph equal three and four-tenths percent
(3.4%) multiplied by its 2007-2008 market value/income aid ratio
of the amount in paragraph (1).
(9) Each school district shall receive additional funding
as necessary so that the sum of the amounts under section
2502.13 or 2504.4 and paragraphs (3), (4), (5), (6), (7) and
(8) and this paragraph shall equal at least two percent (2%)
of the amount in paragraph (1).
(2502.47 added July 20, 2007, P.L.278, No.45)
Section 2502.48. Basic Education Funding for Student
Achievement.--(a) The Department of Education shall calculate
a base cost per student. For the 2007-2008 school year, the
base cost per student shall be eight thousand three dollars
($8,003), increased by the 2008-2009 index.
(b) The Department of Education shall determine an adequacy
target for each school district by calculating the sum of the
following:
(1) A base cost determined by calculating the product of
the base cost per student and the school district's modified
ADM.
(2) A poverty supplement determined by calculating the
product of:
(i) the base cost per student;
(ii) the number of students enrolled in the school district
on October 31 of the funding year who were eligible for free
or reduced price meals under the school lunch program; and
(iii) forty-three one-hundredths (.43).
(3) A district size supplement determined by calculating
the maximum of zero and the product of:
(i) the base cost per student;
(ii) the school district's funding year average daily
membership; and
(iii) the sum of four hundred eighty-three one-thousandths
(.483) and the product of the natural logarithm of the school
district's funding year average daily membership and negative
five one-hundredths (-.05);
(4) An English language learner supplement determined by
calculating the product of:
(i) the base cost per student;
(ii) the number of enrolled students identified as limited
English proficient in the funding year in the school district;
and
(iii) the sum of three and seven hundred fifty-three
one-thousandths (3.753) and the product of the natural logarithm
of the school district's funding year average daily membership
and negative twenty-three one-hundredths (-.23), provided that

such amount shall be no less than one and forty-eight

one-hundredths (1.48) and no greater than two and forty-three
one-hundredths (2.43).
(5) An adjustment for geographic price differences
calculated as follows:
(i) Add the amounts under paragraphs (1), (2), (3) and (4).
(ii) Multiply:
(A) the sum under subparagraph (i); by
(B) the school district's location cost metric.
(iii) Subtract:
(A) the sum under subparagraph (i); from
(B) the product under subparagraph (ii).
(c) (1) The Department of Education shall determine a State
funding target for each school district by calculating the
product of:
(i) the difference between the school district's adequacy
target determined under subsection (b) and its actual spending
for the funding year, or zero, whichever is greater;
(ii) the school district's market value/income aid ratio
for the school year in which funding occurs; and
(iii) the lesser of one (1) and the school district's
funding year equalized millage divided by the equalized millage
that represents the seventy-fifth percentile of the equalized
millage of all school districts in the funding year.
(2) (Reserved). ((2) amended June 30, 2011, P.L.112, No.24)
(d) The Commonwealth shall pay to each school district a
basic education funding allocation for the 2007-2008 school
year which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2006-2007 school year under sections
2502.13(m), 2502.47 and 2504.4(a.3).
(2) If a school district has been declared a Commonwealth
partnership school district under Article XVII-B, an amount
equal to four million dollars ($4,000,000).
(3) (i) For a school district with 2006-2007 equalized
millage that is greater than or equal to 24.7, which represents
the eightieth percentile of the equalized millage of all school
districts as of the effective date of this section, for the
2007-2008 school year, sixteen and seventy-five one hundredths
percent (16.75%) of the State funding target determined under
subsection (c).
(ii) For a school district with 2006-2007 equalized millage
that is less than 24.7, which represents the eightieth
percentile of the equalized millage of all school districts as
of the effective date of this section, for the 2007-2008 school
year, ten percent (10%) of the State funding target determined
under subsection (c).
(e) The Department of Education shall provide additional
funding for the 2007-2008 school year to any school district
where the amount determined under subsection (d)(3) provides
an amount less than three percent (3%) of the amount determined
under subsection (d)(1). The amount of additional funding shall
be the amount required so that the sum of subsection (d)(3) and
this subsection equals three percent (3%) of the amount provided
under subsection (d)(1).
(2502.48 added July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 2502.48, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2502.49. Accountability to Commonwealth
Taxpayers.--(2502.49 repealed June 30, 2011, P.L.112, No.24)

Compiler's Note: Section 34 of Act 61 of 2008, which added

section 2502.49, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2502.50. Basic Education Funding for 2010-2011
School Year.--(a) For the 2010-2011 school year, the
Commonwealth shall determine the basic education funding
allocation as follows:
(1) Calculate a base supplement for each school district
by multiplying its average daily membership by the base amount
for the funding year.
(2) Calculate an English language learner supplement for
each qualifying school district as follows:
(i) Determine the school district's English language learner
concentration by dividing its number of enrolled students
identified as limited English proficient by its average daily
membership for the funding year.
(ii) Multiply the school district's number of students
identified as limited English proficient for the funding year
by the English language learner factor based on its English
language learner concentration.
(3) Calculate a poverty supplement for each qualifying
school district as follows:
(i) Determine the school district's poverty concentration
by dividing its number of students eligible for free or
reduced-price meals under the National School Lunch Program on
October 31 in the funding year by its average daily membership
for the funding year.
(ii) Multiply the school district's number of students
eligible for free or reduced-price meals under the National
School Lunch Program on October 31 in the funding year by the
poverty factor based on its poverty concentration.
(4) Calculate a district size supplement for each qualifying
school district by multiplying its average daily membership by
the district size factor for the funding year.
(5) Add the amounts under clauses (1), (2), (3) and (4).
(6) Multiply the sum under clause (5) by the State share
factor for the funding year.
(b) For the 2010-2011 school year, the Commonwealth shall
pay to each school district a basic education funding allocation
which shall consist of the following:
(1) An amount equal to its basic education funding
allocation for the 2009-2010 school year from the State
appropriation and Education Jobs Fund appropriation pursuant
to section 2502.48 of this act and section 1722-L(a)(14)(i) and
(ii) of the act of April 9, 1929 (P.L.343, No.176), known as
"The Fiscal Code."
(2) A student-focused funding supplement calculated with
the following factors:
(i) A base amount equal to one hundred dollars ($100).
(ii) An English language learner factor equal to:
(A) the base amount multiplied by three-tenths (0.3) if the
school district's English language learner concentration for
the 2009-2010 school year is less than one percent (1%); or
(B) the base amount multiplied by two-tenths (0.2) if the
school district's English language learner concentration for
the 2009-2010 school year is equal to or greater than one
percent (1%).
(iii) A poverty factor equal to:
(A) the base amount multiplied by two-tenths (0.2) if the
school district's poverty concentration for the 2009-2010 school
year is less than forty percent (40%); or

(B) the base amount multiplied by three-tenths (0.3) if the

school district's poverty concentration for the 2009-2010 school
year is equal to or greater than forty percent (40%).
(iv) A district size factor equal to:
(A) the base amount multiplied by one-tenth (0.1) if the
school district's average daily membership for the 2009-2010
school year is equal to or less than one thousand (1,000); or
(B) the base amount multiplied by five one-hundredths (0.05)
if the average daily membership for the 2009-2010 school year
is greater than one thousand (1,000) and less than two thousand
three hundred (2,300).
(v) A State share factor equal to:
(A) the school district's 2011-2012 market value/income aid
ratio if its market value/income aid ratio is greater than three
thousand ten thousandths (0.3000); or
(B) the lesser of one (1) and the school district's
2009-2010 equalized millage divided by the equalized millage
that represents the seventy-fifth percentile of the equalized
millage of all school districts multiplied by the school
district's 2011-2012 market value/income aid ratio if its market
value/income aid ratio is less than or equal to three thousand
ten-thousandths (0.3000).
(3) Each school district shall receive additional funding
equal to the difference between:
(i) the sum of clauses (1) and (2); and
(ii) the amount of funding received by the school district
under section 2502.48 for the 2007-2008 school year.
(4) An English language learner high incidence supplement
calculated for qualifying school districts as follows:
(i) To qualify for the English language learner high
incidence supplement, a school district's 2011-2012 market
value/income aid ratio as of June 30, 2011, must be equal to
or greater than seven thousand ten-thousandths (0.7000) and
less than eight thousand ten-thousandths (0.8000), its 2009-2010
average daily membership must be less than twenty thousand
(20,000) and its English language learner concentration must
be equal to or greater than six percent (6%).
(ii) The English language learner high incidence supplement
shall be calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by thirteen million dollars
($13,000,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(5) Each school district with a 2011-2012 market
value/income aid ratio as of June 30, 2011, equal to or greater
than eight thousand ten-thousandths (0.8000) and a 2009-2010
average daily membership less than ten thousand (10,000) shall
receive additional funding as necessary equal to the difference
between State subsidies paid to school districts in the
2010-2011 and 2011-2012 fiscal years minus eight percent (8%)
of the school district's 2008-2009 total revenue. For the
purpose of this clause, the difference between State subsidies
paid to school districts in the 2010-2011 and 2011-2012 fiscal
years shall be calculated by subtracting:
(i) the sum of the amounts paid to the school district in
the 2011-2012 fiscal year under clauses (1), (2), (3) and (4)
and section 2599.2 of this act; from
(ii) the sum of the amounts paid to the school district in
the 2010-2011 fiscal year under sections 1603-B and 2591.1 of
this act and section 1722-L(a)(9), (10), (14) and (17) of "The

Fiscal Code," the appropriation to the Department of Education

for basic education formula enhancements in section 212 of the
act of July 6, 2010 (P.L.1367, No.1A), known as the General
Appropriation Act of 2010.
(6) A second class school district supplement calculated
for qualifying school districts as follows:
(i) To qualify for a second class school district
supplement, a school district must have been classified as a
second class school district during the 2000 census, must have
received State reimbursements pursuant to section 2591.1 for
the 2009-2010 school year greater than three million five
hundred thousand dollars ($3,500,000) and must have a 2009-2010
average daily membership greater than eight thousand (8,000).
(ii) The second class school district supplement shall be
calculated for all qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by one million dollars ($1,000,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(7) A personal income supplement calculated for qualifying
school districts as follows:
(i) To qualify for the personal income supplement, school
districts must meet all of the following criteria:
(A) Be eligible to receive a poverty supplement pursuant
to subsection (a)(3) greater than thirty-five thousand dollars
($35,000).
(B) Have an average daily membership for the 2009-2010
school year greater than five thousand five hundred (5,500).
(C) Have a 2011-2012 market value/income aid ratio as of
June 30, 2011, greater than five thousand ten-thousandths
(0.5000).
(D) Have equalized mills for the 2009-2010 school year
greater than twenty-three (23).
(E) The amount of funding received by the school district
under section 2502.48 for the year 2007-2008 was less than
twenty million dollars ($20,000,000).
(F) Had an adjusted personal income valuation for the 2008
tax year of less than nine hundred million dollars
($900,000,000).
(ii) The personal income supplement shall be calculated for
all qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by its 2011-2012 market value/income
aid ratio as of June 30, 2011.
(B) Multiply the product in clause (A) by one million
dollars ($1,000,000).
(C) Divide the product from clause (B) by the sum of
products in clause (A).
(c) The Department of Education shall withhold up to
twenty-five million ($25,000,000) from the allocation made under
this section to a school district of the first class to be used
to pay costs to provide alternative education programs operated
either by the district itself or under terms of any contract
between the district and a private alternative education
institution as defined pursuant to Article XIX-E.
(2502.50 added June 30, 2011, P.L.112, No.24)
Section 2502.51. Basic Education Funding for 2011-2012
School Year.--(a) For the 2011-2012 school year, the
Commonwealth shall pay to each school district a basic education
funding allocation which shall consist of the following:

(1) An amount equal to the basic education funding

allocation for the 2010-2011 school year pursuant to section
2502.50.
(2) An English language learner high incidence supplement
calculated for qualifying school districts as follows:
(i) To qualify for the English language learner high
incidence supplement, a school district's 2011-2012 market
value/income aid ratio must be greater than seven thousand
ten-thousandths (0.7000) and its English language learner
concentration must be equal to or greater than six percent (6%).
(ii) The English language learner high incidence supplement
shall be calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by seventeen million four hundred fifty
thousand dollars ($17,450,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(3) A charter and cyber charter school extraordinary
enrollment supplement calculated for qualifying school districts
as follows:
(i) To qualify for the charter and cyber charter school
extraordinary enrollment supplement, a school district's
2011-2012 market value/income aid ratio must be greater than
eight thousand ten-thousandths (0.8000), its 2009-2010 average
daily membership must be greater than five thousand (5,000) and
its charter and cyber charter school concentration must be
greater than fourteen percent (14%).
(ii) The charter and cyber charter school extraordinary
enrollment supplement shall be calculated for qualifying school
districts as follows:
(A) For school districts with a charter and cyber charter
school concentration equal to or greater than thirty percent
(30%), multiply the qualifying school district's 2009-2010
average daily membership by one thousand three hundred seventeen
dollars ($1,317).
(B) For school districts with a charter and cyber charter
school concentration less than thirty percent (30%), multiply
the qualifying school district's 2009-2010 average daily
membership by five hundred dollars ($500).
(4) A second class county school district supplement
calculated for qualifying school districts as follows:
(i) To qualify for the second class county school district
supplement, a school district must be located in a county of
the second class, its 2011-2012 market value/income aid ratio
must be greater than six thousand ten-thousandths (0.6000), its
2009-2010 average daily membership must be greater than one
thousand (1,000) and less than two thousand five hundred (2,500)
and its number of students eligible for free or reduced-price
meals under the National School Lunch Program during the
2010-2011 school year must be greater than one thousand fifty
(1,050) and less than one thousand two hundred fifty (1,250).
(ii) The second class county school district supplement
shall be calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by one million dollars ($1,000,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(5) A second class school district supplement calculated
for qualifying school districts as follows:

(i) To qualify for the second class school district

supplement, a school district must have been classified as a
second class school district during the 2000 census, it must
have received State reimbursements pursuant to section 2591.1
for the 2009-2010 school year in an amount greater than three
million five hundred thousand dollars ($3,500,000), and it must
have a 2009-2010 average daily membership greater than eight
thousand (8,000).
(ii) The second class school district supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by one million dollars ($1,000,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(6) An increasing aid ratio supplement calculated for
qualifying school districts as follows:
(i) To qualify for the increasing aid ratio supplement, a
school district's 2011-2012 market value/income aid ratio must
be greater than six thousand ten-thousandths (0.6000), its
2009-2010 average daily membership must be greater than eleven
thousand (11,000), its number of students eligible for free or
reduced-price meals under the National School Lunch Program
during the 2010-2011 school year must be greater than six
thousand (6,000) and its market value/income aid ratio must
have increased from the 1991-1992 school year to the 2011-2012
school year by more than sixty percent (60%).
(ii) The increasing aid ratio supplement shall be calculated
for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by two million dollars ($2,000,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(7) A personal income supplement calculated for qualifying
school districts as follows:
(i) To qualify for the personal income supplement, a school
district's 2011-2012 market value/income aid ratio must be
greater than fifty-two hundred ten-thousandths (0.5200) and
less than six thousand ten-thousandths (0.6000), its 2009-2010
average daily membership must be greater than five thousand
five hundred (5,500), its 2010-2011 equalized millage rate must
be greater than twenty-two (22) and less than twenty-six (26),
its adjusted personal income valuation for the 2008 tax year
must be greater than six hundred fifty million dollars
($650,000,000) and its number of students eligible for free or
reduced-price meals under the National School Lunch Program
during the 2010-2011 school year must be greater than one
thousand five hundred (1,500).
(ii) The personal income supplement shall be calculated for
qualifying school districts as follows:
(A) For each school district with an adjusted personal
income valuation for the 2008 tax year greater than eight
hundred million dollars ($800,000,000), the personal income
supplement shall be two million dollars ($2,000,000).
(B) For each school district with an adjusted personal
income valuation for the 2008 tax year less than eight hundred
million dollars ($800,000,000), the personal income supplement
shall be one million five hundred thousand dollars ($1,500,000).
(8) A small district increasing aid ratio supplement
calculated for qualifying school districts as follows:

(i) To qualify for the small district increasing aid ratio

supplement, a school district's 2011-2012 market value/income
aid ratio must be greater than five thousand ten-thousandths
(0.5000) and less than fifty-five hundred ten-thousandths
(0.5500), its market value/income aid ratio must have increased
from the 1991-1992 school year to the 2011-2012 school year by
more than thirty percent (30%), and its 2009-2010 average daily
membership must be greater than one thousand seven hundred
(1,700) and less than one thousand eight hundred (1,800).
(ii) The small district increasing aid ratio supplement
shall be calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by three hundred thousand dollars
($300,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(9) A small district supplement calculated for qualifying
school districts as follows:
(i) To qualify for the small district supplement, a school
district's 2011-2012 market value/income aid ratio must be
greater than seven thousand ten-thousandths (0.7000) and less
than seventy-five ten-thousandths (0.7500), its 2009-2010
average daily membership must be greater than one thousand two
hundred (1,200) and less than one thousand three hundred
(1,300), and its 2010-2011 equalized millage rate must be
greater than nineteen (19).
(ii) The small district supplement shall be calculated for
qualifying school districts as follows:
(A) Multiply the qualifying school district's 2009-2010
average daily membership by two hundred fifty thousand dollars
($250,000).
(B) Divide the product from clause (A) by the sum of the
2009-2010 average daily membership for all qualifying school
districts.
(b) The data used to calculate the provisions contained in
subsection (a)(2), (3), (4), (5), (6), (7), (8) and (9) shall
be based on information available to the Department of Education
as of June 30, 2012.
(c) Funds received under subsection (a)(2)(ii) by a school
district with a 2011-2012 market value/income aid ratio greater
than eighty-five hundred ten-thousandths (0.8500) shall be
withheld until such time that a spending plan proposed by the
school district's board of school directors for use of the funds
is approved by the Secretary of Education in consultation with
the local intermediate unit.
(d) The following shall apply:
(1) (i) Funds received by a school district under
subsection (a)(3)(ii)(A) shall be used to satisfy judgments and
past-due accounts payable beyond ninety (90) or more days,
including health care benefits, payments to charter schools,
payments to approved private schools and payments to
intermediate units.
(ii) If all judgments have been satisfied and past-due
accounts paid, funds may be used for timely payment of health
care benefits, payments to charter schools, payments to approved
private schools, payments to intermediate units and for other
expenses approved by the Secretary of Education to ensure the
fiscal stability of the school district.
(2) Not later than August 31, 2012, the school district
shall submit a report to the Department of Education detailing
the use of the funds received under this subsection, including

specific payment amounts, specific payment dates and the

entities receiving payment.
(e) Any undistributed funds shall be deposited in the
Financial Recovery School District Transitional Loan Account.
(f) For the purposes of this section:
(1) The English language learner concentration shall be
determined by dividing the school district's number of enrolled
students identified as limited English proficient during the
2009-2010 school year by its 2009-2010 average daily membership.
(2) The charter and cyber school concentration shall be
determined by dividing the school district's 2009-2010 average
daily membership enrolled in charter and cyber charter schools
by its 2009-2010 average daily membership.
(2502.51 added June 30, 2012, P.L.684, No.82)
Section 2502.52. Basic Education Funding for 2012-2013
School Year.--(a) For the 2012-2013 school year, the
Commonwealth shall pay to each school district a basic education
funding allocation which shall consist of the following:
(1) An amount equal to the basic education funding
allocation for the 2011-2012 school year pursuant to section
2502.51.
(2) A student-focused funding supplement comprised of the
following:
(i) The school district's average daily membership for the
2012-2013 school year multiplied by one hundred eight dollars
($108).
(ii) The product under paragraph (i) multiplied by the
school district's market value/income aid ratio for the
2013-2014 school year.
(3) An English language learner high incidence supplement
calculated for qualifying school districts as follows:
(i) To qualify for the English language learner high
incidence supplement, a school district's 2012-2013 market
value/income aid ratio must be greater than seven thousand
ten-thousandths (0.7000) and its English language learner
concentration must be greater than ten and eight tenths percent
(10.8%).
(ii) The English language learner high incidence supplement
shall be calculated for qualifying school districts as follows:
(A) (I) For qualifying school districts with a 2011-2012
average daily membership greater than eighteen thousand five
hundred (18,500), multiply the qualifying school district's
2011-2012 average daily membership by eight million dollars
($8,000,000).
(II) Divide the product from subclause (I) by the sum of
the 2011-2012 average daily membership for all qualifying school
districts with a 2011-2012 average daily membership greater
than eighteen thousand five hundred (18,500).
(B) (I) For qualifying school districts with a 2011-2012
average daily membership less than eighteen thousand (18,000),
multiply the qualifying school district's 2011-2012 average
daily membership by five million one hundred fifty thousand
dollars ($5,150,000).
(II) Divide the product from subclause (I) by the sum of
the 2011-2012 average daily membership for all qualifying school
districts with a 2011-2012 average daily membership less than
eighteen thousand (18,000).
(C) (I) For a qualifying school district with a 2011-2012
average daily membership greater than eighteen thousand (18,000)
and less than eighteen thousand five hundred (18,500), multiply
the qualifying school district's 2011-2012 average daily

membership by one million five hundred thousand dollars

($1,500,000).
(II) Divide the product from subclause (I) by the sum of
the 2011-2012 average daily membership for all qualifying school
districts with a 2011-2012 average daily membership greater
than eighteen thousand (18,000) and less than eighteen thousand
five hundred (18,500).
(4) A charter and cyber charter school extraordinary
enrollment supplement calculated for qualifying school districts
as follows:
(i) To qualify for the charter and cyber charter school
extraordinary enrollment supplement, a school district's
2012-2013 market value/income aid ratio must be greater than
eight thousand ten-thousandths (0.8000), its charter and cyber
charter school concentration must be greater than twenty percent
(20%) and its market value/income aid ratio must have increased
from the 1991-1992 school year to the 2012-2013 school year by
more than ten percent (10%).
(ii) The charter and cyber charter school extraordinary
enrollment supplement shall be calculated for qualifying school
districts as follows:
(A) (I) For a qualifying school district with a 2011-2012
average daily membership less than one thousand (1,000),
multiply the qualifying school district's 2011-2012 average
daily membership by two hundred fifty thousand dollars
($250,000).
(II) Divide the product from subclause (I) by the sum of
the 2011-2012 average daily membership for all qualifying school
districts with a 2011-2012 average daily membership less than
one thousand (1,000).
(B) (I) For a qualifying school district with a 2011-2012
average daily membership greater than one thousand (1,000),
multiply the qualifying school district's 2011-2012 average
daily membership by three million seven hundred fifty thousand
dollars ($3,750,000).
(II) Divide the product of subclause (I) by the sum of the
2011-2012 average daily membership for all qualifying school
districts with a 2011-2012 average daily membership greater
than one thousand (1,000).
(5) An increasing aid ratio supplement calculated for
qualifying school districts as follows:
(i) To qualify for the increasing aid ratio supplement, a
school district's 2012-2013 market value/income aid ratio must
be greater than six thousand ten-thousandths (0.6000), its
2011-2012 average daily membership must be greater than eleven
thousand (11,000), its number of students eligible for free or
reduced-price meals under the National School Lunch Program
during the 2012-2013 school year must be greater than six
thousand (6,000) and its market value/income aid ratio must
have increased from the 1991-1992 school year to the 2012-2013
school year by more than seventy percent (70%).
(ii) The increasing aid ratio supplement shall be calculated
for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2011-2012
average daily membership by two million five hundred thousand
dollars ($2,500,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership for all qualifying school
districts.
(6) A small school district supplement calculated for
qualifying school districts as follows:

(i) To qualify for a small school district supplement, a

school district's 2012-2013 market value/income aid ratio must
be less than five thousand ten-thousandths (0.5000), its
2011-2012 average daily membership must be less than one
thousand six hundred (1,600), its 2011-2012 equalized millage
rate must be greater than sixteen (16) and its charter and cyber
charter school concentration must be greater than five percent
(5%).
(ii) The small school district supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2011-2012
average daily membership by five hundred thousand dollars
($500,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership for all qualifying school
districts.
(7) A small rural school district supplement calculated for
qualifying school districts as follows:
(i) To qualify for the small rural school district
supplement, a school district's 2012-2013 market value/income
aid ratio must be greater than five thousand ten-thousandths
(0.5000) and its 2011-2012 average daily membership must be
less than two hundred (200).
(ii) The small rural school district supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2011-2012
average daily membership by two hundred fifty thousand dollars
($250,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership for all qualifying school
districts.
(8) A rural school district supplement calculated for
qualifying school districts as follows:
(i) To qualify for the rural school district supplement, a
school district's 2012-2013 market value/income aid ratio must
be greater than sixty-seven hundred ten-thousandths (0.6700)
and less than seven thousand ten-thousandths (0.7000), its
2011-2012 average daily membership must be greater than one
thousand eight hundred (1,800) and less than two thousand
(2,000) and its 2011-2012 equalized millage rate must be greater
than nineteen (19) and less than twenty one (21).
(ii) The rural school district supplement shall be
calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2011-2012
average daily membership by five hundred thousand dollars
($500,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership for all qualifying school
districts.
(9) A second class school district supplement calculated
for qualifying school districts as follows:
(i) To qualify for the second class school district
supplement, a school district must have been classified as a
second class school district during the 2000 census, it must
have received State reimbursements pursuant to section 2591.1
for the 2009-2010 school year in an amount greater than three
million five hundred thousand dollars ($3,500,000) and it must
have a 2011-2012 average daily membership greater than eight
thousand (8,000).
(ii) The second class school district supplement shall be
calculated for qualifying school districts as follows:

(A) Multiply the qualifying school district's 2011-2012

average daily membership by five hundred thousand dollars
($500,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership for all qualifying school
districts.
(10) A personal income supplement calculated for qualifying
school districts as follows:
(i) To qualify for the personal income supplement, a school
district's 2012-2013 market value/income aid ratio must be
greater than fifty-two hundred ten-thousandths (0.5200) and
less than sixty-five hundred ten-thousandths (0.6500), its
2011-2012 average daily membership must be greater than five
thousand two hundred (5,200), its 2011-2012 equalized millage
rate must be greater than twenty-two (22) and less than
twenty-six (26), its adjusted personal income valuation for the
2010 tax year must be greater than six hundred million dollars
($600,000,000) and less than nine hundred million dollars
($900,000,000) and its number of students eligible for free or
reduced-price meals under the National School Lunch Program
during the 2012-2013 school year must be greater than two
thousand (2,000).
(ii) The personal income supplement shall be calculated for
qualifying school districts as follows:
(A) For each school district with an adjusted personal
income valuation for the 2010 tax year greater than eight
hundred million dollars ($800,000,000), the personal income
supplement shall be two million dollars ($2,000,000).
(B) For each school district with an adjusted personal
income valuation for the 2010 tax year less than eight hundred
million dollars ($800,000,000), the personal income supplement
shall be one million five hundred thousand dollars ($1,500,000).
(11) A second class A county school district supplement
calculated for qualifying school districts as follows:
(i) To qualify for the second class A county school district
supplement, a school district must be located in a county of
the second class A as determined by the 2010 census, its
2012-2013 market value/income aid ratio must be greater than
sixty-eight hundred ten-thousandths (0.6800), its 2011-2012
average daily membership must be greater than four thousand
(4,000) and its 2011-2012 equalized millage rate must be greater
than twenty seven (27).
(ii) The second class A county school district supplement
shall be calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2011-2012
average daily membership by one million dollars ($1,000,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership of all qualifying school
districts.
(12) A third class county school district supplement
calculated for qualifying school districts as follows:
(i) To qualify for the third class county school district
supplement, a school district must be located in a county of
the third class as determined by the 2010 census, its 2012-2013
market value/income aid ratio must be greater than six thousand
ten-thousandths (0.6000) and less than sixty-nine hundred
ten-thousandths (0.6900) and its 2011-2012 average daily
membership must be greater than ten thousand (10,000) and less
than thirteen thousand (13,000).
(ii) The third class county school district supplement shall
be calculated for qualifying school districts as follows:

(A) Multiply the qualifying school district's 2011-2012

average daily membership by one million dollars ($1,000,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership of all qualifying school
districts.
(13) A third class county small school district supplement
calculated for qualifying school districts as follows:
(i) To qualify for the third class county small school
district supplement, a school district must be located in a
county of the third class as determined by the 2010 census, its
2012-2013 market value/income aid ratio must be greater than
seventy-six hundred ten-thousandths (0.7600), its 2011-2012
average daily membership must be less than two thousand (2,000)
and its number of students eligible for free or reduced-price
meals under the National School Lunch Program during the
2012-2013 school year must be less than eight hundred (800).
(ii) The third class county small school district supplement
shall be calculated for qualifying school districts as follows:
(A) Multiply the qualifying school district's 2011-2012
average daily membership by one million dollars ($1,000,000).
(B) Divide the product from clause (A) by the sum of the
2011-2012 average daily membership of all qualifying school
districts.
(14) A growth supplement calculated for qualifying school
districts as follows:
(i) To qualify for the growth supplement, a school
district's 2012-2013 market value/income aid ratio must be
greater than fifty-one hundred ten-thousandths (0.5100) and
less than sixty-two hundred ten-thousandths (0.6200), its
2011-2012 average daily membership must be greater than three
thousand two hundred (3,200) and less than four thousand
(4,000), its equalized millage rate must be greater than
twenty-one (21) and less than twenty-three (23) and its number
of students eligible for free or reduced-price lunch under the
National School Lunch Program during the 2012-2013 school year
must be greater than one thousand two hundred (1,200) and less
than one thousand seven hundred (1,700).
(ii) The growth supplement shall be calculated for
qualifying school districts as follows:
(A) For each school district with a 2012-2013 market
value/income aid ratio less than fifty-three hundred
ten-thousandths (0.5300), the growth supplement shall be one
hundred sixty thousand dollars ($160,000).
(B) For each school district with a 2012-2013 market
value/income aid ratio greater than fifty-three hundred
ten-thousandths (0.5300) and less than six thousand
ten-thousandths (0.6000), the growth supplement shall be five
hundred thousand dollars ($500,000).
(C) For each school district with a 2012-2013 market
value/income aid ratio greater than six thousand ten-thousandths
(0.6000), the growth supplement shall be two hundred thousand
dollars ($200,000).
(b) The data used to calculate the provisions contained in
subsection (a)(3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13) and (14) shall be based on information available to
the Department of Education as of June 30, 2013.
(c) Any undistributed funds shall be deposited in the
Financial Recovery School District Transitional Loan Account.
(d) For the purposes of this section:
(1) The English language learner concentration shall be
determined by dividing the school district's number of enrolled

students identified as limited English proficient during the

2011-2012 school year by its 2011-2012 average daily membership.
(2) The charter and cyber charter school concentration shall
be determined by dividing the school district's 2011-2012
average daily membership enrolled in charter and cyber charter
schools by its 2011-2012 average daily membership.
(2502.52 added July 9, 2013, P.L. , No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 1913-A(b)(1.6) and (1.7), provided that Act 61
shall apply retroactively to July 1 2008.
Section 2503. Payments on Account of Tuition.--(a) ((a)
repealed Feb. 1, 1966, 1965 P.L.1642, No.580)
(b) ((b) deleted Dec. 27, 1951, P.L.1783, No.472)
(c) Each school district, regardless of classification,
which accepts any non-resident child in its school under the
provisions of section one thousand three hundred five or section
one thousand three hundred six of the act to which this is an
amendment, shall be paid by the Commonwealth an amount equal
to the tuition charge per elementary pupil or the tuition charge
per high school pupil, as the case may be, as defined in section
two thousand five hundred sixty-one of the act to which this
is an amendment, for each pupil so accepted. In the case of
pupils attending the district's public schools for less than a
full school term, the tuition charges shall be prorated by
reference to the period of time over which such pupil actually
attended the district's schools. ((c) amended Feb. 17, 1956,
1955 P.L.1048, No.337)
(d) Each school district, regardless of classification,
whose resident pupils attend a State-owned school, other than
a post-secondary school, shall pay the greater of either twenty
percent (20%) of the cost per pupil as determined by the
Department of Education or its tuition charge per elementary
pupil or its tuition charge per high school pupil, as the case
may be. The Secretary of Education shall withhold from any
moneys due to such districts out of any State appropriation for
assistance as reimbursement of school districts, the amounts
due by such districts to such State-owned schools. Amounts so
withheld shall be specifically appropriated to the Department
of Education. ((d) added Aug. 5, 1991, P.L.219, No.25)
Section 2503.1. Minimum Reimbursements to Union and Merged
Districts and Jointures.--(2503.1 repealed Feb. 1, 1966, 1965
P.L.1642, No.580)
Section 2504. Payments on Account of Vocational
Curriculums.--(2504 repealed May 11, 1982, P.L.396, No.115)
Section 2504.1. Payments on Account of Standardized
Driver-Education Programs.--Every school district or joint
school organization complying with the standardized
driver-education program established by the department shall
be paid, by the Commonwealth from the Motor License Fund, an
amount to be determined by multiplying the number of pupils who
have completed the high school standardized driver-education
program conducted by any given school district or joint school
organization by a basic figure of thirty-five ($35) dollars per
student.
(2504.1 amended Jan. 24, 1966, 1965 P.L.1506, No.528)
Section 2504.2. Payments on Account of Pupils Enrolled in
Area Vocational-Technical Schools.--(2504.2 repealed May 11,
1982, P.L.396, No.115)

Section 2504.3. Payments on Account of Students Enrolled

in Technical Institutes.--The Commonwealth shall pay every
school district having out-of-school youth or adults enrolled
in a technical institute for each pupil in average daily
membership one-third of the total current expenses per pupil
as provided in the approved budget, or the per pupil cost for
current expenses, whichever is less. The remainder of the cost
of total current expenses may be borne by the district of
residence or by the district of residence and the pupil, but
in no event shall the pupil bear more than one-third of the
total current expenses per pupil.
(2504.3 added Aug. 14, 1963, P.L.1065, No.463)
Section 2504.4. Payments on Account of Limited English
Proficiency Programs.--(a) To qualify for limited English
proficiency payments under this section, a school district's
2004-2005 market value income aid ratio must be greater than
or equal to 0.3000 and the number of enrolled students
identified as limited English proficient in the 2002-2003 school
year must be no less than 2% of the school district's 2002-2003
average daily membership. The allocation to a qualified school
district under this section shall be paid in fiscal year
2004-2005 out of the appropriation for basic education funding
to school districts and determined by:
(1) multiplying the number of enrolled students identified
as Limited English Proficient in the 2002-2003 school year in
a qualified school district by $11,135,070; and
(2) dividing the product from paragraph (1) by the total
number of enrolled students identified as Limited English
Proficient in all qualified school districts.
(a.1) To qualify for limited English proficiency payments
under this section for the 2004-2005 school year, a school
district's 2005-2006 market value/income aid ratio must be
greater than or equal to three thousand ten-thousandths
(0.3000), and the number of enrolled students identified as
limited English proficient in the 2003-2004 school year must
be no less than two percent (2%) of the school district's
2003-2004 average daily membership. The allocation to a
qualified school district under this section shall be paid in
fiscal year 2005-2006 out of the appropriation for basic
education funding to school districts and determined by:
(1) multiplying the number of enrolled students identified
as limited English proficient in the 2003-2004 school year in
a qualified school district by three million dollars
($3,000,000); and
(2) dividing the product from paragraph (1) by the total
number of enrolled students identified as limited English
proficient in all qualified school districts.
((a.1) added July 13, 2005, P.L.226, No.46)
(a.2) To qualify for limited English proficiency payments
under this section, a school district's 2006-2007 market
value/income aid ratio must be equal to or greater than three
thousand five hundred ten-thousandths (.3500), and the number
of enrolled students identified as limited English proficient
in the 2004-2005 school year must be equal to or greater than
two and one-half percent (2.5%) of the school district's
2004-2005 average daily membership. The allocation under this
section shall be paid in fiscal year 2006-2007 out of the
appropriation for basic education funding and calculated for
qualifying school districts as follows:
(1) Multiply the number of enrolled students identified as
limited English proficient in the 2004-2005 school year by ten
million dollars ($10,000,000).

(2) Divide the product from paragraph (1) by the sum of

enrolled students identified as limited English proficient for
all qualifying school districts.
((a.2) added July 11, 2006, P.L.1092, No.114)
(a.3) To qualify for limited English proficiency payments
under this section, a school district's 2007-2008 market
value/income aid ratio must be equal to or greater than three
thousand eight hundred ten-thousandths (.3800), and the number
of enrolled students identified as limited English proficient
in the 2005-2006 school year must be equal to or greater than
three and one-half percent (3.5%) of the school district's
2005-2006 average daily membership. The allocation under this
section shall be paid in fiscal year 2007-2008 out of the
appropriation for basic education funding and calculated for
qualifying school districts as follows:
(1) Multiply the number of enrolled students identified as
limited English proficient in the 2005-2006 school year by two
million seven hundred thousand dollars ($2,700,000).
(2) Divide the product from paragraph (1) by the sum of
enrolled students identified as limited English proficient for
all qualifying school districts.
((a.3) added July 20, 2007, P.L.278, No.45)
(b) Funds received by a school district under this section
shall only be used to support instructional programs for
students identified as Limited English Proficient. A school
district shall not place any funds received under this section
into any reserve account.
(2504.4 added July 4, 2004, P.L.536, No.70)
Section 2505. Payments on Account of School Nurses.--(2505
repealed Sept. 29, 1961, P.L.1743, No.707)
Section 2505.1. State Reimbursement for Health
Services.--(a) Every school district and joint school board
which renders health services to children of school age shall
be reimbursed by the Commonwealth on account of health services
which conform to standards approved by the Secretary of Health.
Reimbursements shall be paid by the Secretary of Health. The
amount thereof shall be the actual cost of the medical and
dental services and school nurse services as certified to the
Secretary of Health, less any charges deemed unreasonable by
him, but for medical services shall not for any school year
exceed the sum of (1) one dollar and sixty cents ($1.60)
multiplied by the number of children enrolled in a school for
the entire school term of that school year and for whom the
school district or joint school board maintains comprehensive
health records as defined in section 1402, and (2) a
proportionate part of one dollar and sixty cents ($1.60) for
each child enrolled for a part of the school term of that school
year and for whom the school district or joint school board
maintains a comprehensive health record as defined in section
1402, for dental services shall not for any school year exceed
the sum of (1) eighty cents ($.80) multiplied by the number of
children enrolled in a school for the entire school term of
that school year and for whom the school district or joint
school board maintains comprehensive health records as defined
in section 1402, and (2) a proportionate part of eighty cents
($.80) for each child enrolled for a part of the school term
of that school year and for whom the school district or joint
school board maintains a comprehensive health record as defined
in section 1402, and for school nurse services shall not for
any school year exceed the sum of (1) seven dollars ($7.00)
multiplied by the number of children enrolled in a school for
the entire school term of that school year, and (2) a

proportionate part of seven dollars ($7.00) for each child

enrolled for a part of the school term of that school year.
((a) amended July 13, 1979, P.L.94, No.41)
(a.1) Every school district or joint school board which
employs one or more dental hygienists for the purpose of dental
hygiene services to children of school age shall be reimbursed
by the Commonwealth on account of such services which conform
to standards approved by the Secretary of Health. Reimbursement
shall be made by the Secretary of Health. The amount thereof
shall be the actual cost of the dental hygiene services as
certified to the Secretary of Health, less any charges that
shall be deemed unreasonable by him, but for any school year
shall not exceed the sum of two dollars ($2) multiplied by the
actual number of children enrolled in the school for the entire
school term who receive such dental hygiene services, and a
proportionate part of two dollars ($2) for each child enrolled
for a part of the school term of that school year and who
actually receives dental hygiene services. Reimbursement under
this subsection shall be in lieu of any reimbursement provided
in subsection (a) of this section for dental services. ((a.1)
amended July 13, 1979, P.L.94, No.41)
(b) No reimbursement shall be made under this section for
services for which the Commonwealth reimburses, in whole or in
part, under any other section of the act to which this is an
amendment. Reimbursement on account of the employment of school
nurses shall be made under the provisions of this section.
Reimbursement on account of health services rendered by a school
district or joint school board may be withheld by the Secretary
of Health unless the actual expenditures for the health services
are certified to the Secretary of Health within three months
after the end of the school year during which the payment for
the service was made by the school district or joint school
board.
(b.1) Every school district which renders health services
to children shall be reimbursed by the Commonwealth on account
of health services which conform to standards approved by the
Secretary of Health. Reimbursement shall be paid by the
Secretary of Health. For the school year 1990-1991, the amount
of this reimbursement for this subsection shall be the sum of
five dollars and ninety cents ($5.90) multiplied by the average
daily membership of each school district. For the school year
1991-1992 and each school year thereafter, the amount of this
reimbursement for this subsection shall be the sum of nine
dollars and seventy cents ($9.70) multiplied by the average
daily membership of each school district. ((b.1) added Aug. 5,
1991, P.L.219, No.25)
(c) Nothing herein contained shall be construed to prohibit
any school district or joint school board from expending for
health services amounts in excess of the reimbursable amounts.
(2505.1 amended Sept. 29, 1961, P.L.1743, No.707)
Section 2506. Payments on Account of Approved Travel.--(2506
repealed May 11, 1982, P.L.396, No.115)
Section 2506.1. Payments on Account of Approved Adult
Program Travel.--(a) Every school district and area
vocational-technical school shall be paid by the Commonwealth
for every school year, on account of approved adult vocational
program traveling expenses in the discharge of teaching and
supervisory responsibilities of teachers, coordinators,
supervisors and directors in vocational education, eighty per
centum (80%) of the sum expended by the school district or area
vocational-technical school for such approved travel.

(b) For the 1991-1992 school year and each school year
thereafter, the Commonwealth shall pay the amount required by
this section to the school district or area vocational-technical
school which provides the program upon which such reimbursement
is based.
(2506.1 amended Aug. 5, 1991, P.L.219, No.25)
Section 2507. Payments on Account of Approved Vocational
Extension Classes and Pre-employment Training.--Every school
district and every vocational school district and area
vocational-technical school, regardless of classification, shall
be paid by the Commonwealth for every school year, on account
of approved vocational extension classes and pre-employment
training, eighty per cent (80%) of the sum which was expended
by the district or area vocational-technical school for the
compensation of vocational extension and pre-employment training
teachers and supervisors. For the purpose of computing
reimbursement, the maximum compensation shall be four dollars
($4.00) per hour for the 1985-1986 through the 1989-1990 school
years and eight dollars and sixty cents ($8.60) per hour for
the 1990-1991 school year and each school year thereafter and
the amount expended for supervisory salaries shall not exceed
twenty per cent (20%) of the sum expended for teachers'
salaries: Provided, That in special cases when travel time or
unusual preparation of instructional materials or other factors
result in an inadequate compensation, the Department of
Education may approve additional reimbursable employment time
for such additional services upon the submission of adequate
substantiative evidence from the responsible superintendent of
schools. For the 1985-1986 school year and each school year
thereafter, the Commonwealth shall pay the amount required by
this section to the school district or area vocational-technical
school which provided the approved vocational extension classes
and pre-employment training for which reimbursement is made.
(2507 amended Aug. 5, 1991, P.L.219, No.25)
Section 2508. Distribution of Unencumbered Funds for
Vocational Education.--The State Board for Vocational Education
shall administer the allocation of Federal and State vocational
education funds which are otherwise unencumbered. Allocations
shall be made for the furtherance of the provisions of the State
and Federal vocational education acts with emphasis on the
improvement of facilities, reimbursement of teachers' salaries,
research and projects which will contribute to the economic
welfare of youth and adults.
(2508 amended Aug. 4, 1961, P.L.929, No.407)
Section 2508.1. Payment on Account of Equipment Purchased
for Area Vocational-Technical Schools and Technical
Institutes.--Every area vocational-technical board operating
approved area vocational-technical schools or technical
institutes shall be paid by the Commonwealth, annually, on
account of instructional equipment approved by the Department
of Public Instruction, purchased and installed, a proportionate
share of Federal and State funds available and expendable for
that purpose. The Department of Public Instruction may make
advanced payment of available but unencumbered State and Federal
funds to expedite the purchase of equipment.
(2508.1 amended Aug. 14, 1963, P.L.1065, No.463)
Section 2508.2. Payments on Account of Area
Vocational-Technical Schools and Technical Institutes.--(2508.2
repealed May 11, 1982, P.L.396, No.115)
Section 2508.3. Payments for Vocational Training of
Recipients of Public Assistance and Unemployment
Compensation.--The State Board for Vocational Education shall

establish rules and regulations and thereunder, approve and

authorize payment of the full cost of intensive vocational
education classes for qualified public assistance recipients
or other unemployed, to take definite available employment which
may be contingent upon such training.
The State Board for Vocational Education shall further
establish rules and regulations and thereunder approve and
authorize payments from funds specifically appropriated for
that purpose up to the full cost, including administration, of
intensive vocational educational classes to increase skill
levels for those persons for whom there are no public training
programs available as the unfilled and expanding needs of the
Pennsylvania economy shall require in the following categories:
(1) Part-time workers not otherwise employed;
(2) Employed persons who are working below their skill
levels and capacities.
Said rules and regulations shall further provide for the
implementation of emergency training programs, as the needs of
the Pennsylvania economy and the requirements of the
above-categorized persons shall require. The board shall
authorize said emergency programs and the funding thereof, under
said rules and regulations as the necessity therefor shall
become apparent.
Said board shall, from time to time, conduct necessary
studies and surveys to determine the need for the establishment
of said programs and facilities as the needs of the Pennsylvania
economy and such persons shall require.
(2508.3 amended July 31, 1968, P.L.929, No.280)
Section 2508.4. Payments on Account of Improvements and
Additions in Vocational-Technical Curriculums.--Every area
vocational board operating an approved program of vocational
or technical education in its own or rented space shall be paid
by the Commonwealth for every school year on account of approved
replacement, updating and improvement of equipment and on
account of approved new or additional equipment up to fifty per
cent of the cost of such improvements and additions.
(2508.4 added Aug. 14, 1963, P.L.1065, No.463)
Section 2508.5. Payment on Account of Equipment Purchased
for Area Vocational-Technical Schools and School Districts.--(a)
For the 2013-2014 school year, each area vocational-technical
school and school district with an approved vocational program
that applies to and is approved by the Department of Education
under subsection (b) for funding for the purchase of equipment
that meets industry standards for the purpose of training to
students shall receive a grant in an amount equal to the sum
of the following:
(1) An equal share of one million five hundred thousand
dollars ($1,500,000), determined by dividing one million five
hundred thousand dollars ($1,500,000) by the total number of
area vocational-technical schools and school districts that
have been approved for funding by the Department of Education
under subsection (b).
(2) A per student amount calculated as follows:
(i) Multiply the 2012-2013 average daily membership in
approved vocational education programs for each area
vocational-technical school or school district that has been
approved for funding by the Department of Education under
subsection (b) by one million five hundred thousand dollars
($1,500,000).
(ii) Divide the product from subclause (i) by the sum of
the 2012-2013 average daily membership in approved vocational
education programs for all area vocational-technical schools

and school districts that have been approved for funding by the
Department of Education under subsection (b).
(b) (1) Within thirty (30) days of the effective date of
this subsection, the Department of Education shall establish
guidelines under which area vocational-technical schools, and
school districts with approved vocational programs may apply
to the department for funding for the purchase of equipment,
which shall include a funding application and an application
deadline.
(2) The funding application established by the Department
of Education pursuant to clause (1) shall require only the
following information which may be collected electronically:
(i) Name, address, e-mail address and telephone number of
the area vocational-technical school or school district.
(ii) Name, e-mail address and telephone number of an employe
of the area vocational-technical school or school district who
will be available to answer questions regarding the funding
application.
(iii) Description of the equipment for which the requested
funding will be used.
(3) In approving funding applications under this section,
the Department of Education shall request and consider no
information other than the information provided in the funding
application established under clause (2). Each area
vocational-technical school or school district with an approved
vocational program that submits a completed funding application
under this subsection shall receive funding in the amount
determined under subsection (a).
(2508.5 added July 9, 2013, P.L. , No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Section 2509. Payments on Account of Courses for Exceptional
Children.--(a) Before the first day of July of every year up
to and including 1990, every school district or joint board of
school directors planning to conduct classes or schools for
exceptional children shall submit, for prior review and approval
to establish the amount on which reimbursement will be paid by
the Department of Education, an estimate of the cost of classes
or schools for exceptional children to be operated by the
district or joint board during the ensuing school year, and for
transportation of pupils to and from classes and schools for
exceptional children conducted by the district or joint board
of school directors. From the school term of 1954-1955 up to
and including the school term of 1990-1991, every school
district, regardless of classification, shall be paid by the
Commonwealth an amount to be determined by multiplying the
average daily membership in a course or courses for exceptional
children, (1) at the elementary level, by an amount determined
by subtracting the "instruction cost per elementary pupil," as
defined in section 2561 of this act, from the "instruction cost
per special class pupil," as hereinafter defined, for the
preceding school term, or from the instruction cost per special
class elementary pupil as approved for reimbursement by the
Department of Education in the budget for classes or schools
for exceptional children for the school year in which the class
is operated, whichever is the lesser, (2) at the secondary
level, by an amount determined by subtracting the "instruction
cost per high school pupil," as defined in section 2561 of this
act, from the "instruction cost per special class pupil," as
hereinafter defined, for the preceding school term, or from the

instruction cost per special classes secondary pupil as approved

for reimbursement by the Department of Education in the budget
for classes or school for exceptional children for the school
year in which the class is operated, whichever is the lesser.
(b) To find the "instruction cost per special class pupil,"
add (1) salaries of directors and supervisors of special
education, public school psychologists, principals of special
schools and assistants, teachers of approved special classes
for exceptional children, clerks and assistants employed in the
district's program for special education, (2) the district's
contribution to the retirement fund on behalf of directors and
supervisors of special education, public school psychologists,
principals of special schools and assistants, teachers of
approved special classes for exceptional children, clerks and
assistants employed in the district's program for special
education, (3) the cost of textbooks and supplies of the second
class used in the district's special education classes or
schools, (4) the cost of telephonic system equipment which
enables handicapped children to remain in their homes and still
participate in classroom activities. Divide the sum of (1),
(2), (3), and (4) on that part thereof which is approved by the
Department of Education for reimbursement by the total number
of pupils, including those pupils who have available for use
telephonic system equipment whereby they may remain at home and
still participate in classroom activities, in average daily
membership in the district's approved special classes for
exceptional children. The quotient so obtained shall be the
"instruction cost per special class pupil."
(c) The average daily membership of speech correction
classes for every school term up to and including the 1990-1991
school term shall be calculated by multiplying (1) the average
number of pupils in speech correction classes per week by (2)
the number of periods per week that speech correction is
provided for the individual pupil by (3) the number of minutes
per period in speech correction class. Divide the product of
(1), (2) and (3) by the total number of minutes spent in all
classes weekly by the average pupil. The quotient thus obtained
will be the "average daily membership for pupils in speech
correction classes."
(d) From the school term of 1972-1973 up to and including
the school term of 1988-1989, such payments shall consist of
an amount payable in two equal installments during the year of
operation, with adjustments to be made during the next
succeeding school year. The amount to be paid in equal
installments on or about the first day of August and on or about
the first day of January of the operating year shall be the sum
of the products determined by multiplying the anticipated
equivalent full-time average daily membership in courses for
exceptional children as reported on the approved budget for the
operating year (1) at the elementary level times an amount
determined by subtracting the estimated instruction cost per
elementary pupil, as defined in section 2561 of this act, for
the preceding school term from the budgeted instruction cost
per special class elementary pupil as approved by the Department
of Education for the operating year and (2) at the secondary
level times an amount determined by subtracting the estimated
instruction cost per high school pupil, as defined in section
2561 of this act, for the preceding school term from the
budgeted instruction cost per special class secondary pupil as
approved by the Department of Education for the operating year.
(e) For every operating year up to and including the
1987-1988 school year, the adjustment to be made during the

school year immediately succeeding the operating year shall be

determined by subtracting the payments made during the preceding
year from the actual amount of reimbursement which would have
been payable for said year if calculated as during the year
1954-1955 through 1971-1972. When determined, the adjusted
amount, if positive, shall be paid promptly to the district
and, if negative, shall be withheld from any moneys due to such
district out of any State appropriation.
(f) During the 1991-1992 school year, the Commonwealth shall
pay to each school district the estimated amount due on account
of approved special education programs operated by each school
district during the 1990-1991 school term. Such payments shall
consist of an amount payable in six (6) installments as follows:
in July of 1991, fifteen percent (15%) of the estimated amount
due; in September of 1991, fifteen percent (15%) of the
estimated amount due; in November of 1991, fifteen percent (15%)
of the estimated amount due; in January of 1992, fifteen percent
(15%) of the estimated amount due; in March of 1992, fifteen
percent (15%) of the estimated amount due; and in June of 1992,
the remainder due, determined by adding the payments made during
July, September, November, January and March and subtracting
the result from the actual reimbursable amount earned for the
1990-1991 school term.
(2509 amended Aug. 5, 1991, P.L.219, No.25)
Section 2509.1. Payments to Intermediate Units.--(a)
Annually, before the first day of July, every intermediate
unit shall submit, for prior review and approval by the
Department of Education, an estimate of the cost for
transportation of pupils to and from classes and schools for
exceptional children, and of eligible young children to and
from early intervention programs, whether or not such classes,
schools or programs are conducted by the intermediate unit. On
or before the first day of September, the Commonwealth shall
pay to the intermediate unit a sum equal to one-half of the
approved annual cost of such transportation in the prior year
and, on or before the first day of February, shall pay a sum
equal to one-quarter of the approved estimated annual cost of
such transportation for the current school year, and on or
before June 30, the Commonwealth shall pay the remaining quarter
adjusted to reflect actual approved cost.
(b) On or before the first day of July 1991, every
intermediate unit shall submit, for prior review and approval
by the Department of Education, an estimate of the cost of
operating and administering classes or schools for
institutionalized children operated by the intermediate unit
during the 1990-1991 school year. During the 1991-1992 school
year, the Commonwealth shall pay each intermediate unit the
approved amount.
(b.1) For programs operated during the 1992-1993 school
year and each school year thereafter, the Commonwealth shall
pay intermediate units, based on their costs of operating and
administering classes or schools for institutionalized children,
an amount to be determined by the Department of Education
following review of annual reports of the costs of such classes
or schools for the immediately preceding year. To qualify for
such payments, each intermediate unit that operates and
administers classes or schools for institutionalized children
annually shall submit to the Department of Education on or
before the first day of July a report of the cost of operating
and administering such classes or schools. Notwithstanding the
foregoing, intermediate units may submit their annual reports
for the 1991-1992 school year until June 30, 1993, although

this date may be extended as deemed necessary by the Secretary

of Education provided that for programs operated during the
1992-1993 school year and the 1993-1994 school year the
aggregate amounts paid on this account shall not exceed twenty
million six hundred thousand dollars ($20,600,000) per year.
((b.1) amended July 11, 1996, P.L.633, No.107)
(b.2) Up to twenty-one million two hundred thousand dollars
($21,200,000) may be utilized for programs operated during the
1994-1995 school year for institutionalized children by
intermediate units as established in subsection (b.1).
(b.3) Up to twenty-two million dollars ($22,000,000) may
be utilized for programs operated during the 1995-1996 school
year for institutionalized children by intermediate units as
established in subsection (b.1).
(b.4) Up to twenty million dollars ($20,000,000) may be
utilized for programs operated during the 1996-1997 school year
for institutionalized children by intermediate units as
established in subsection (b.1). ((b.4) added July 11, 1996,
P.L.633, No.107)
(b.5) Up to twelve million dollars ($12,000,000) may be
utilized for programs administered and operated during the
1997-1998 school year for institutionalized children by
intermediate units as established in subsection (b.1). ((b.5)
added June 25, 1997, P.L.297, No.30)
(b.6) Up to nine million dollars ($9,000,000) may be
utilized for programs administered and operated during the
1998-1999 school year for institutionalized children by
intermediate units as established in subsection (b.1). ((b.6)
added Apr. 27, 1998, P.L.270, No.46)
(b.7) Up to nine million five hundred thousand dollars
($9,500,000) may be utilized for programs administered and
operated during the 1999-2000 school year for institutionalized
children by intermediate units as established in subsection
(b.1). ((b.7) added June 26, 1999, P.L.394, No.36)
(b.8) Up to nine million dollars ($9,000,000) may be
utilized for programs administered and operated by intermediate
units during the 2000-2001 school year for institutionalized
children as provided in subsection (b.1). ((b.8) added May 10,
2000, P.L.44, No.16)
(b.9) Up to nine million five hundred thousand dollars
($9,500,000) may be utilized for programs administered and
operated by intermediate units during the 2001-2002 school year
for institutionalized children as provided in subsection (b.1).
((b.9) added June 22, 2001, P.L.530, No.35)
(b.10) Up to nine million five hundred thousand dollars
($9,500,000) may be utilized for programs administered and
operated by intermediate units during the 2002-2003 school year
for institutionalized children as established in subsection
(b.1). ((b.10) added June 29, 2002, P.L.524, No.88)
(b.11) Up to nine million five hundred thousand dollars
($9,500,000) may be utilized for programs administered and
operated by intermediate units during the 2003-2004 school year
for institutionalized children as established in subsection
(b.1). ((b.11) added Dec. 23, 2003, P.L.304, No.48)
(b.12) Up to nine million seven hundred and fifty thousand
dollars ($9,750,000) may be utilized for programs administered
and operated by intermediate units during the 2004-2005 school
year for institutionalized children as established in subsection
(b.1). ((b.12) added July 4, 2004, P.L.536, No.70)
(b.13) Up to ten million two hundred fifty thousand dollars
($10,250,000) may be utilized for programs administered and
operated by intermediate units during the 2005-2006 school year

for institutionalized children as established in subsection

(b.1). ((b.13) added July 13, 2005, P.L.226, No.46)
(b.14) Up to ten million seven hundred and fifty thousand
dollars ($10,750,000) may be utilized for programs administered
and operated by intermediate units during the 2006-2007 school
year for institutionalized children as established in subsection
(b.1). ((b.14) added July 11, 2006, P.L.1092, No.114)
(b.15) Up to eleven million two hundred thousand dollars
($11,200,000) may be utilized for programs administered and
operated by intermediate units during the 2007-2008 school year
for institutionalized children as established in subsection
(b.1). ((b.15) added July 20, 2007, P.L.278, No.45)
(b.16) Up to eleven million five hundred thousand dollars
($11,500,000) may be utilized for programs administered and
operated by intermediate units during the 2008-2009 through the
2010-2011 school years for institutionalized children as
established in subsection (b.1). ((b.16) amended June 30, 2011,
P.L.112, No.24)
(b.17) Up to nine million dollars ($9,000,000) may be
utilized for programs administered and operated by intermediate
units during the 2011-2012 school year and each school year
thereafter for institutionalized children as established in
subsection (b.1). ((b.17) added June 30, 2011, P.L.112, No.24)
(c) For the 1991-1992 through the 2010-2011 school years,
five percent (5%) of the State special education appropriation
shall be paid to the intermediate units on account of special
education services. Of this five percent (5%), thirty-five
percent (35%) shall be distributed equally among all twenty-nine
(29) intermediate units. The remaining sixty-five percent (65%)
shall be distributed to each intermediate unit in proportion
to the number of average daily membership of the component
school districts of each intermediate unit as compared to the
Statewide total average daily membership. ((c) amended June 30,
2011, P.L.112, No.24)
(c.1) For the 2011-2012 through the 2013-2014 school years,
five and one-half percent (5.5%) of the State special education
appropriation shall be paid to intermediate units on account
of special education services. Of this five and one-half percent
(5.5%), thirty-five percent (35%) shall be distributed equally
among all intermediate units. The remaining sixty-five percent
(65%) shall be distributed to each intermediate unit in
proportion to the number of average daily membership of the
component school districts of each intermediate unit as compared
to the Statewide total average daily membership. ((c.1) amended
July 9, 2013, P.L. , No.59)
(d) (1) For the 1991-1992 school year, each intermediate
unit which is coterminous to a school district of the first
class or first class A shall be paid fifty percent (50%) of the
amount received by the intermediate unit for the cost of
operating and administering classes or schools for children
with exceptionalities, as approved by the Department of
Education for the 1990-1991 school year. For the 1991-1992
school year, each intermediate unit not coterminous with a
school district which operates all the special education
programs for children with disabilities for its constituent
school districts shall be paid ten percent (10%) of the amount
received by the intermediate unit for the cost of operating and
administering classes or schools for children with disabilities,
as approved by the Department of Education for the 1990-1991
school year. For the 1992-1993 and the 1993-1994 school years
up to and including the 1994-1995 school year, each intermediate
unit which is coterminous to a school district of the first

class or first class A shall be paid twenty-five percent (25%)

of the amount received by the intermediate unit for the cost
of operating and administering classes or schools for children
with exceptionalities, as approved by the Department of
Education for the 1990-1991 school year.
(2) For the 1995-1996 school year, each intermediate unit
which is coterminous to a school district of the first class
or first class A shall be paid a proportionate share of
twenty-nine million nine hundred thousand dollars ($29,900,000)
based on the amount received by the intermediate unit for the
cost of operating and administering classes or schools for
children with exceptionalities, as approved by the Department
of Education for the 1990-1991 school year.
(3) For the 1996-1997 and 1997-1998 school years, each
intermediate unit which is coterminous to a school district of
the first class or first class A shall be paid a proportionate
share of twenty million six hundred thousand dollars
($20,600,000) based on the amount received by the intermediate
unit for the cost of operating and administering classes or
schools for children with exceptionalities, as approved by the
Department of Education for the 1990-1991 school year.
(4) ((4) deleted by amendment Apr. 27, 1998, P.L.270, No.46)
((d) amended June 25, 1997, P.L.297, No.30)
(e) For the 1991-1992 school year and for each school year
thereafter, payments to intermediate units under this section
shall consist of an amount payable in three (3) installments
during the school year as follows: in August, fifty percent
(50%) of the payments due; in November, forty-five percent (45%)
of the payments due; and on June 1, the balance of the payments
due.
(f) For each school year up to and including 1990-1991, for
each child enrolled in any special class or school for
exceptional children operated by an intermediate unit, the
school district in which the child is resident shall pay to the
Commonwealth a sum equal to the "tuition charge per elementary
pupil" or the "tuition charge per high school pupil," as
determined for the schools operated by the district or by a
joint board of which the district is a member, for the same
year in which the special class or school is operated, as
provided for in section two thousand five hundred sixty-one of
the act to which this is an amendment. In the event that any
school district has not established such "tuition charge per
elementary pupil" or "tuition charge per high school pupil,"
the Secretary of Education shall fix a reasonable charge for
such district for the year in question. Except that for the
1990-1991 school year, the school district payment to the
Commonwealth under this subsection, for each child enrolled in
other than intermediate unit classes or schools for
institutionalized children, shall be limited to twenty-five
percent (25%) of the applicable tuition charges in the case of
all intermediate units. In addition, the district shall pay on
account of transportation by the intermediate unit of pupils
to and from classes and schools for exceptional children,
whether or not conducted by the intermediate unit, an amount
to be determined by subtracting from the cost of transportation
per pupil the reimbursement due the district on account of such
transportation. In order to facilitate such payments by the
several school districts, the Secretary of Education shall
withhold from any moneys due to such district out of any state
appropriation, except from reimbursements due on account of
rentals as provided in section two thousand five hundred eleven
point one of the act to which this is an amendment, the amounts

due by such school districts to the Commonwealth. All amounts

so withheld are hereby specifically appropriated to the
Department of Education for the support of public schools.
(g) (1) For the 1991-1992 school year and each school year
thereafter, for each child enrolled in an intermediate unit
class for institutionalized children, the school district in
which the child is resident shall pay to the Commonwealth a sum
equal to the "tuition charge per elementary pupil" or the
"tuition charge per high school pupil," as determined for the
schools operated by the district or by a joint board of which
the district is a member, for the same year in which the class
or school is operated, as provided for in section 2561. In the
event that any school district has not established such "tuition
charge per elementary pupil" or "tuition charge per high school
pupil," the Secretary of Education shall fix a reasonable charge
for such district for the year in question.
(2) In addition, the district shall pay to the Commonwealth
on account of transportation by the intermediate unit of pupils
to and from classes and schools for exceptional children and
of eligible young children to and from early intervention
programs, whether or not conducted by the intermediate unit,
an amount to be determined by subtracting from the cost of
transportation per pupil the reimbursement due the district on
account of such transportation.
(3) In order to facilitate such payments by the several
school districts, the Secretary of Education shall withhold
from any moneys due to such districts out of a State
appropriation, except from reimbursements due on account of
rentals, the amounts due by such school districts to the
Commonwealth. All amounts so withheld are hereby specifically
appropriated to the Department of Education for the support of
public schools.
(2509.1 amended June 30, 1995, P.L.220, No.26)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 2509.1(b.16), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2509.2. Payment on Account of Transportation Classes
and Schools for Children of Migrant Laborers.--Annually before
the first day of May, 1961, and the first day of February of
each year thereafter, every intermediate unit planning to
conduct summer classes or schools for children of migrant
laborers, and the extension of established summer classes beyond
the opening of the fall term, such extensions being for not
more than forty school days, shall submit for prior review and
approval by the Department of Public Instruction an estimate
of the cost of summer classes or schools for children of migrant
laborers to be operated by the intermediate unit during the
ensuing school year and for transportation, in conformity with
existing law, of pupils to and from summer classes and schools
for children of migrant laborers whether conducted by the
intermediate unit or conducted by an institution or school
district employed by the intermediate unit for such purpose:
Provided, That where in the judgment of the State Superintendent
of Public Instruction the provisions of this act relating to
the proper education of children of migrant laborers have not
been complied with, the Department of Public Instruction may
provide or arrange to have provided transportation, classes or

schools for the proper education of children of migrant laborers

as directed by the act.
On or before the first day of July, the Commonwealth shall
pay to the intermediate unit a sum equal to the approved
estimated annual cost of operation of the planned summer classes
or schools and transportation for children of migrant laborers.
At the end of each school year, all unexpended funds shall be
credited to Commonwealth payments due for the succeeding school
year on account of the operation of such classes, or upon
direction of the Superintendent of Public Instruction shall be
returned to the Commonwealth.
(2509.2 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2509.3. Payments on Account of Transportation of
Nonpublic School Pupils.--Each school district, regardless of
classification, shall be paid by the Commonwealth the sum of
thirty-five dollars ($35) for each nonpublic school pupil
transported in the school year 1978-1979 through the school
year 1983-1984. For the school year 1984-1985 through the school
year 1989-1990, each school district shall be paid the sum of
seventy dollars ($70) for each nonpublic school pupil
transported. For the school years 1990-1991 and 1991-1992, each
school district shall be paid the sum of one hundred twenty-four
dollars ($124) for each nonpublic school pupil transported. For
the school year 1992-1993 and the 1993-1994 school year, each
school district shall be paid the sum of one hundred fifty-nine
dollars ($159) for each nonpublic school pupil transported. For
the school year 1994-1995 through the school year 1996-1997,
each school district shall be paid the sum of two hundred
dollars ($200) for each nonpublic school pupil transported. For
the school year 1997-1998 through the school year 2000-2001,
each school district shall be paid the sum of two hundred
eighty-five dollars ($285) for each nonpublic school pupil
transported. For the school year 2001-2002 and each school year
thereafter, each school district shall be paid the sum of three
hundred eighty-five dollars ($385) for each nonpublic school
pupil transported.
(2509.3 amended June 29, 2002, P.L.524, No.88)
Compiler's Note: Act 85 and Act 88 of 1992 amended the
entire section. Act 88 overlooked the amendment by Act
85 but the amendments do not conflict in substance and
both have been given effect in setting forth the text
of the section.
Section 2509.4. Payments on Account of Special Education
Services.--(a) For the school year 1989-1990, the following
provisions shall apply to the Commonwealth's payments of funds
to school districts and intermediate units for the provisions
of special education services.
(1) On or before the first day of August, the Commonwealth
shall pay to school districts and intermediate units an amount
which represents fifty percent (50%) of the total State funds
available for such programs operated in the school year
1989-1990.
(2) On January 1, 1990, a second payment shall be made to
school districts and intermediate units consisting of one-fourth
(1/4) of the total State funds available for such programs
operated in the school year 1989-1990.
(3) If, by March 1, 1990, the State Board of Education has
adopted revisions to Chapter 13 Special Education regulations
and/or the 22 Pa. Code Ch. 341 standards, the final payment
shall consist of the remaining State funds available for such
programs operated in the school year 1989-1990. If, on March
1, 1990, the State Board of Education has not adopted revisions

to Chapter 13 Special Education regulations and/or 22 Pa. Code

Ch. 341 standards, but the Secretary of the Budget determines
that sufficient progress has been made, a one-time waiver in
order to make an additional payment of no more than one-eighth
(1/8) of the total State funds available for such programs
operated in the school year 1989-1990 may be made.
(b) From the funds appropriated in the 1989-1990 fiscal
year and notwithstanding the provisions of subsection (a)(1),
(2) and (3), fifty million dollars ($50,000,000) shall be paid
on August 1, 1989, to school districts for programs operated
in school year 1988-1989 with the additional payment of
forty-nine million dollars ($49,000,000) of the funds due the
school districts for the programs operated in school year
1988-1989 to be paid on or before December 1, 1989. Any
adjustments to these payments may be made in June 1990 on the
basis of actual data.
(2509.4 added July 8, 1989, P.L.253, No.43)
Section 2509.5. Special Education Payments to School
Districts.--(a) This section applies to Commonwealth payments
to school districts for the support of programs and services
for exceptional children.
(b) During the 1991-1992 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying five hundred
twenty-five dollars ($525) by seventeen percent (17%) of its
average daily membership; and
(2) an amount to be determined by multiplying seven thousand
dollars ($7,000) by one percent (1%) of its average daily
membership.
(c) Payments to school districts pursuant to this section
and any additional payments pursuant to sections 2509.6 and
2509.7 shall consist of an amount payable in six (6)
installments as follows: in July, fifteen percent (15%) of the
estimated amount due; in September, fifteen percent (15%) of
the estimated amount due; in November, fifteen percent (15%)
of the estimated amount due; in January, fifteen percent (15%)
of the estimated amount due; in March, fifteen percent (15%)
of the estimated amount due; and in June, the balance due,
determined by subtracting the payments made during July,
September, November, January and March from the special
education payment earned by the school district.
(d) During the 1992-1993 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying one thousand
dollars ($1,000) by fifteen percent (15%) of its average daily
membership; and
(2) an amount to be determined by multiplying eleven
thousand five hundred forty dollars ($11,540) by one percent
(1%) of its average daily membership.
((d) added June 7, 1993, P.L.49, No.16)
(e) During the 1993-1994 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying one thousand
twenty-five dollars ($1,025) by fifteen percent (15%) of its
average daily membership; and
(2) an amount to be determined by multiplying twelve
thousand dollars ($12,000) by one percent (1%) of its average
daily membership.
((e) added June 7, 1993, P.L.49, No.16)
(f) The Secretary of Education shall develop a definition
of severely classified exceptional students by September 20,
1996. This definition may include the primary exceptionality,

level of intervention, type of support and related services

requirements elements currently collected through the PennData
system. This definition shall not include students who are
institutionalized, in approved private school placements, in
detention home programs, in mentally gifted programs or in early
intervention programs operated under the provisions of the act
of December 19, 1990 (P.L.1372, No.212), known as the "Early
Intervention Services System Act." This definition shall be
submitted to the majority chairman and the minority chairman
of the Appropriations Committee and the Education Committee of
the Senate and the majority chairman and the minority chairman
of the Appropriations Committee and the Education Committee of
the House of Representatives for review and comment no later
than September 20, 1996. No sooner than fifteen (15) days and
not later than thirty (30) days after submission of the proposed
definition to the committees, the Secretary of Education shall
approve a definition of severely classified exceptional
students. ((f) amended July 11, 1996, P.L.633, No.107)
(g) The Secretary of Education shall modify the PennData
system to collect for each school district an average daily
membership count of those exceptional students classified as
severe. The Secretary of Education shall use the approved
definition of severely classified exceptional students in the
development of the PennData report "Representation of Students
with Severe Disabilities in Special Education." The Secretary
of Education shall provide the 1994-1995 PennData report
"Representation of Students with Severe Disabilities in Special
Education" detailing the average daily membership by category
of exceptionality for each school district for the 1994-1995
academic year to the majority chairman and the minority chairman
of the Appropriations Committee and the Education Committee of
the Senate and the majority chairman and the minority chairman
of the Appropriations Committee and the Education Committee of
the House of Representatives by February 1, 1997, and shall
annually thereafter provide the PennData report "Representation
of Students with Severe Disabilities in Special Education"
detailing the average daily membership by category of
exceptionality for each school district for the current school
year to the committees by the first day of February of each
year. ((g) amended July 11, 1996, P.L.633, No.107)
(h) During the 1994-1995 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying fifteen
percent (15%) of its school age average daily membership by one
thousand thirty-five dollars ($1,035); and
(2) an amount to be determined by multiplying one percent
(1%) of its school age average daily membership by twelve
thousand five hundred dollars ($12,500).
((h) added June 30, 1995, P.L.220, No.26)
(i) During the 1995-1996 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying fifteen
percent (15%) of its school age average daily membership by one
thousand forty dollars ($1,040); and
(2) an amount to be determined by multiplying one percent
(1%) of its school age average daily membership by thirteen
thousand dollars ($13,000).
((i) added June 30, 1995, P.L.220, No.26)
(j) (1) During the 1994-1995 school year, up to ten million
five hundred thousand dollars ($10,500,000) of the funds
appropriated to the Department of Education for special
education shall provide supplemental funding for special

education to school districts which operate special education

programs and whose net special education expenditure rate
exceeds one hundred fifty percent (150%) of the Statewide
special education expenditure rate with the special education
expenditure rate being determined by dividing net special
education expenditures by total education expenditures as
determined by the Secretary of Education. Such payments shall
be in an amount to be determined by the Secretary of Education
and shall be made pursuant to the payment schedule established
in subsection (c).
(2) During the 1995-1996 school year, up to five million
two hundred fifty thousand dollars ($5,250,000) of the funds
appropriated to the Department of Education for special
education shall provide supplemental funding pursuant to this
subsection as determined by the Secretary of Education. Such
payments shall be in an amount equal to fifty percent (50%) of
the amounts paid to districts eligible under clause (1) during
the 1994-1995 school year and shall be made pursuant to the
payment schedule established in subsection (c).
(3) During the 1996-1997 school year, up to two million six
hundred twenty-five thousand dollars ($2,625,000) of the funds
appropriated to the Department of Education for special
education shall provide supplemental funding pursuant to this
subsection as determined by the Secretary of Education. Such
payments shall be in an amount equal to twenty-five percent
(25%) of the amounts paid to districts eligible under this
subsection during the 1994-1995 school year and shall be made
pursuant to the payment schedule established in subsection (c).
((j) added June 30, 1995, P.L.220, No.26)
(k) During the 1996-1997 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying fifteen
percent (15%) of its school-age average daily membership by one
thousand one hundred fifteen dollars ($1,115); and
(2) an amount to be determined by multiplying one percent
(1%) of its school-age average daily membership by thirteen
thousand one hundred twenty-five dollars ($13,125).
No district shall, however, receive less than the amount
received during the 1995-1996 school year under subsection (i).
((k) added July 11, 1996, P.L.633, No.107)
(l) During the 1997-1998 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying fifteen
percent (15%) of its school-age average daily membership by one
thousand one hundred fifty dollars ($1,150); and
(2) an amount to be determined by multiplying one percent
(1%) of its school-age average daily membership by thirteen
thousand four hundred fifty dollars ($13,450).
((l) added June 25, 1997, P.L.297, No.30)
(m) During the 1997-1998 school year, up to ten million one
hundred seven thousand dollars ($10,107,000) of the funds
appropriated to the Department of Education for special
education shall be available to provide supplemental funding
for special education to school districts which operate special
education programs. Only school districts that qualify under
the provisions of subsection (n) will be eligible to receive
this supplemental special education funding. ((m) added June
25, 1997, P.L.297, No.30)
(n) School districts will qualify for supplemental payments
under subsection (m) if:
(1) (i) the school district's special education
expenditures for the 1994-1995 school year, as a percentage of

the sum of the school district's 1994-1995 school year

expenditures for regular education, vocational-technical
education and special education, are equal to or greater than
the special education expenditures of all school districts for
the 1994-1995 school year, as a percentage of the sum of the
1994-1995 school year expenditures of all school districts for
regular education, vocational-technical education and special
education; and
(ii) the school district's market value/income aid ratio
for the 1996-1997 school year is equal to or greater than .6000;
and
(iii) the school district's equalized millage for the
1994-1995 school year is equal to or greater than 21.0; or
(2) The school district satisfies the criterion set forth
in clause (1)(i), does not satisfy the criterion set forth in
clause (1)(ii) but the school district's equalized millage for
the 1994-1995 school year is equal to or greater than 25.2; or
(3) The school district does not satisfy the criteria of
clause (1) or (2) but does satisfy the following:
(i) the number of children in low-income families in 1995
is equal to or greater than fifteen percent (15%) of the school
district's 1995-1996 school year average daily membership; and
(ii) the school district's market value/income aid ratio
for the 1996-1997 school year is equal to or greater than .7000.
((n) added June 25, 1997, P.L.297, No.30)
(o) Qualifying school districts will receive an additional
twenty percent (20%) of the amount calculated at subsection
(l)(1). This amount shall be paid pursuant to the payment
schedule established in subsection (c). During the 1997-1998
school year, however, no school district shall receive less
payment under subsections (l) and (m) than the amount of the
payments the school district received during the 1996-1997
school year under subsections (j)(3) and (k). ((o) added June
25, 1997, P.L.297, No.30)
(p) During the 1998-1999 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying fifteen
percent (15%) of its school-age average daily membership by one
thousand two hundred sixty dollars ($1,260); and
(2) an amount to be determined by multiplying one percent
(1%) of its school-age average daily membership by thirteen
thousand nine hundred fifty-five dollars ($13,955).
((p) added Apr. 27, 1998, P.L.270, No.46)
(q) During the 1998-1999 school year, a portion of the funds
appropriated to the Department of Education for special
education shall be available to provide supplemental funding
for special education to school districts which operate special
education programs. Only school districts that qualify under
the provisions of subsection (r) will be eligible to receive
this supplemental special education funding. ((q) added Apr.
27, 1998, P.L.270, No.46)
(r) School districts will qualify for supplemental payments
under subsection (q) if:
(1) (i) the school district's special education
expenditures for the 1995-1996 school year as a percentage of
the sum of the school district's 1995-1996 school year
expenditures for regular education, vocational-technical
education and special education is equal to or greater than the
special education expenditures of all school districts for the
1995-1996 school year as a percentage of the sum of the
1995-1996 school year expenditures of all school districts for

regular education, vocational-technical education and special

education; and
(ii) the school district's market value/income aid ratio
for the 1997-1998 school year is equal to or greater than six
thousand ten-thousandths (0.6000); and
(iii) the school district's equalized millage for the
1995-1996 school year is equal to or greater than twenty-one
(21); or
(2) The school district satisfies the criterion set forth
in clause (1)(i), does not satisfy the criterion set forth in
clause (1)(ii) but the school district's equalized millage for
the 1995-1996 school year is equal to or greater than
twenty-five (25); or
(3) The school district does not satisfy the criteria of
clause (1) or (2) but does satisfy the following:
(i) the number of school-age children in low-income families
as defined in section 2501(21) for calendar year 1996 is equal
to or greater than thirteen percent (13%) of the school
district's 1996-1997 school year average daily membership; and
(ii) the school district's market value/income aid ratio
for the 1997-1998 school year is equal to or greater than five
thousand five hundred ten thousandths (0.5500).
((r) added Apr. 27, 1998, P.L.270, No.46)
(s) Qualifying school districts will receive an additional
twenty percent (20%) of the amount calculated at subsection
(p)(1). This amount shall be paid pursuant to the payment
schedule established in subsection (c). During the 1998-1999
school year, however, no school district shall receive less
payment under subsections (p) and (r) than the amount of the
payments the school district received during the 1997-1998
school year under subsections (l) and (m). ((s) added Apr. 27,
1998, P.L.270, No.46)
(t) Additionally, during the 1998-1999 school year, each
school district of the first class or first class A belonging
to an intermediate unit the boundary of which is coterminous
with that of the school district shall receive a proportionate
share of ten million three hundred thousand dollars
($10,300,000) based on the amount received by its coterminous
intermediate unit for the cost of operating and administering
classes or schools for students with exceptionalities as
approved by the Department of Education for the 1990-1991 school
year. This amount will be added to the school district's payment
under subsection (q). Provided, however, that during the
1998-1999 school year, no school district of the first class
or first class A will receive less payment under this subsection
and subsection (q) than the amount of the payments the school
district's coterminous intermediate unit received during the
1997-1998 school year under section 2509.1(d)(3). ((t) added
Apr. 27, 1998, P.L.270, No.46)
(u) During the 1999-2000 school year, each school district
shall be paid:
(1) an amount to be determined by multiplying fifteen
percent (15%) of its school-age average daily membership by one
thousand three hundred fifteen dollars ($1,315); and
(2) an amount to be determined by multiplying one percent
(1%) of its school-age average daily membership by fourteen
thousand five hundred thirty-five dollars ($14,535).
((u) added June 26, 1999, P.L.394, No.36)
(v) During the 1999-2000 school year, a portion of the funds
appropriated to the Department of Education for special
education shall be available to provide supplemental funding
for special education to school districts which operate special

education programs. Only school districts that qualify under

the provisions of subsection (w) shall be eligible to receive
the supplemental special education funding. ((v) added June 26,
1999, P.L.394, No.36)
(w) School districts shall qualify for supplemental payments
under subsection (v) if:
(1) (i) The school district's special education
expenditures for the 1996-1997 school year as a percentage of
the sum of the school district's 1996-1997 school year
expenditures for regular education, vocational-technical
education and special education is equal to or greater than the
special education expenditures of all school districts for the
1996-1997 school year as a percentage of the sum of the
1996-1997 school year expenditures of all school districts for
regular education, vocational-technical education and special
education;
(ii) the school district's market value/income aid ratio
for the 1998-1999 school year is equal to or greater than five
thousand four hundred ten thousandths (0.5400); and
(iii) the school district's equalized millage for the
1996-1997 school year is equal to or greater than sixteen and
one half (16.5); or
(2) The school district satisfies the criterion set forth
in clause (1)(i), does not satisfy the criterion set forth in
clause (1)(ii), but the school district's equalized millage for
the 1996-1997 school year is equal to or greater than twenty
and six tenths (20.6).
(3) The school district does not satisfy the criteria of
clause (1) or (2) but does satisfy the following:
(i) the number of school-age children in low-income families
as defined in section 2501(21) for calendar year 1997 is equal
to or greater than ten percent (10%) of the school district's
1997-1998 school year average daily membership; and
(ii) the school district's market value/income aid ratio
for the 1998-1999 school year is equal to or greater than five
thousand four hundred ten thousandths (0.5400).
((w) added June 26, 1999, P.L.394, No.36)
(x) Qualifying school districts shall receive an additional
twenty percent (20%) of the amount calculated in subsection
(u)(1). The amount shall be paid pursuant to the payment
schedule established in subsection (c). ((x) added June 26,
1999, P.L.394, No.36)
(y) Additionally, during the 1999-2000 school year, each
school district of the first class or first class A belonging
to an intermediate unit the boundary of which is coterminous
with that of the school district shall receive a proportionate
share of ten million three hundred thousand dollars
($10,300,000) based on the amount received by its coterminous
intermediate unit for the cost of operating and administering
classes or schools for students with exceptionalities as
approved by the department for the 1990-1991 school year. This
amount shall be added to the school district's payment under
subsection (v): Provided, however, That during the 1999-2000
school year, no school district of the first class or first
class A shall receive less payment under this subsection and
subsection (v) than the amount of the payments the school
district's coterminous intermediate unit received during the
1997-1998 school year under section 2509.1(d)(3). ((y) added
June 26, 1999, P.L.394, No.36)
(z) During the 1999-2000 school year, a school district
with an incidence rate of mildly and severely disabled students
greater than one hundred thirty percent (130%) of the Statewide

average incidence rate of mildly and severely disabled students

shall qualify to receive a supplemental payment, as specified
in this subsection, from funds appropriated to the department
for special education. A school district's incidence rate of
mildly and severely disabled students shall be calculated by
dividing the school district's 1997 child count of students
with disabilities collected and reported under sections
611(d)(2) and 618(a) of the Individuals with Disabilities
Education Act (Public Law 91-230, 20 U.S.C. 1411(d)(2) and
1418(a)) and 34 CFR 300.750 by the school district's 1997-1998
total enrollment reported to the department. The Statewide
average incidence rate of mildly and severely disabled students
shall be calculated by dividing the Statewide total 1997 child
count of students with disabilities for all school districts
by the 1997-1998 Statewide total enrollment for all school
districts. The payment to a qualifying school district shall
be calculated as follows: (1) subtract one hundred thirty
percent (130%) of the Statewide average incidence rate from the
school district's incidence rate; (2) multiply the difference
obtained in paragraph (1) by the school district's 1998-1999
school year average daily membership; and (3) multiply the
product obtained in paragraph (2) by one thousand three hundred
fifteen dollars ($1,315). ((z) added June 26, 1999, P.L.394,
No.36)
(aa) For the 1999-2000 school year, the sum of payments to
school districts received under subsections (u), (v), (y) and
(z) must be greater than or equal to one hundred and two percent
(102%) of the payments school districts for the 1998-1999 school
year under subsections (p), (q) and (t). ((aa) added June 26,
1999, P.L.394, No.36)
(bb) During the 2000-2001 school year, each school district
shall be paid the amount it received during the 1999-2000 school
year under subsections (u), (v), (y), (z) and (aa). ((bb) added
May 10, 2000, P.L.44, No.16)
(cc) During the 2000-2001 school year, thirty-one million
nine hundred thousand dollars ($31,900,000) of the funds
appropriated to the Department of Education for special
education shall be used to provide supplemental funding for
special education to all school districts. The supplemental
funding to each school district is calculated as follows:
multiply the school district's 2000-2001 market value/income
aid ratio times sixteen per centum (16%) of its 1999-2000
average daily membership; multiply this product times thirty-one
million nine hundred thousand dollars ($31,900,000); divide the
resultant product by the sum of the products of the 2000-2001
market value/income aid ratio times sixteen per centum (16%)
of the 1999-2000 average daily membership for all school
districts. ((cc) added May 10, 2000, P.L.44, No.16)
(dd) Supplemental payments shall be as follows:
(1) School districts shall qualify for additional
supplemental payments if all of the following apply:
(i) The school district's special education expenditures
for the 1997-1998 school year, as a percentage of the sum of
the school district's 1997-1998 school year expenditures for
regular education, vocational-technical education and special
education, is equal to or greater than the special education
expenditures of all school districts for the 1997-1998 school
year, as a percentage of the sum of the 1997-1998 school year
expenditures of all school districts for regular education,
vocational-technical education and special education.

(ii) The school district's equalized millage for the

1997-1998 school year is equal to or greater than twenty-one
and one-tenth (21.1).
(iii) The district does not meet all of the following
criteria:
(A) The school district's special education expenditures
for the 1997-1998 school year, as a percentage of the sum of
the school district's 1997-1998 school year expenditures for
regular education, vocational-technical education and special
education, is equal to or greater than the special education
expenditures of all school districts for the 1997-1998 school
year, as a percentage of the sum of the 1997-1998 school year
expenditures of all school districts for regular education,
vocational-technical education and special education.
(B) The school district's market value/income aid ratio for
the 1999-2000 school year is equal to or greater than five
thousand four hundred ten thousandths (0.5400).
(C) The school district's equalized millage for the
1997-1998 school year is equal to or greater than sixteen and
nine-tenths (16.9).
(2) Qualifying school districts shall receive twenty per
cent (20%) of the amount calculated by multiplying fifteen per
cent (15%) of its school age average daily membership by one
thousand three hundred eighty dollars ($1,380), and the amount
shall be paid pursuant to the payment schedule established in
subsection (c).
((dd) added May 10, 2000, P.L.44, No.16)
(ee) During the 2000-2001 school year, a school district
with an incidence rate of mildly and severely disabled students
greater than one hundred twenty-five per cent (125%) of the
Statewide average incidence rate of mildly and severely disabled
students shall qualify to receive a supplemental payment, as
specified in this subsection, from funds appropriated to the
Department of Education for special education. A school
district's incidence rate of mildly and severely disabled
students shall be calculated by dividing the school district's
1998 child count of students with disabilities collected and
reported under sections 611(d)(2) and 618(a) of the Individuals
with Disabilities Education Act (Public Law 91-230, 20 U.S.C.
1411(d)(2) and 1418(a)) and 34 CFR 300.750 (relating to
annual report of children served--report requirement) by the
school district's 1998-1999 total enrollment reported to the
Department of Education. The Statewide average incidence rate
of mildly and severely disabled students shall be calculated
by dividing the Statewide total 1998 child count of students
with disabilities for all school districts by the 1998-1999
Statewide total enrollment for all school districts. The payment
to a qualifying school district shall be calculated as follows:
(1) subtract one hundred twenty-five per cent (125%) of the
Statewide average incidence rate from the school district's
incidence rate;
(2) multiply the difference obtained in clause (1) by the
school district's 1999-2000 school year average daily
membership; and
(3) multiply the product obtained in clause (2) by one
thousand three hundred eighty dollars ($1,380).
((ee) added May 10, 2000, P.L.44, No.16)
(ff) For the 2000-2001 school year, the sum of payments
school districts receive under subsections (bb), (cc), (dd) and
(ee) must be greater than or equal to one hundred and five per
cent (105%) of the payments to school districts for the

1999-2000 school year under subsections (u), (v), (y), (z) and
(aa). ((ff)added May 10, 2000, P.L.44, No.16)
(gg) During the 2001-2002 school year, each school district
shall be paid the amount it received during the 2000-2001 school
year under subsections (bb), (cc), (dd), (ee) and (ff). ((gg)
added May 17, 2001, P.L.4, No.4)
(hh) During the 2001-2002 school year, sixty-four million
nine hundred thousand dollars ($64,900,000) of the funds
appropriated to the Department of Education for special
education shall be used to provide supplemental funding for
special education to all school districts. The supplemental
funding shall be calculated as follows: multiply each school
district's 2001-2002 market value/income aid ratio by sixteen
per centum (16%) of the 2000-2001 average daily membership and
multiply this product by sixty-four million nine hundred
thousand dollars ($64,900,000) and divide the resultant product
by the sum of the products of the 2001-2002 market value income
aid ratio multiplied by sixteen per centum (16%) of the
2000-2001 average daily membership for all school districts.
((hh) added May 17, 2001, P.L.4, No.4)
(ii) During the 2001-2002 school year, a school district
with an incidence rate of mildly and severely disabled students
greater than one hundred twenty-five per centum (125%) of the
Statewide average incidence rate of mildly and severely disabled
students shall qualify to receive a supplemental payment, as
specified in this subsection, from funds appropriated to the
Department of Education for special education. A school
district's incidence rate of mildly and severely disabled
students shall be calculated by dividing the school district's
1999 child count of students with disabilities collected and
reported under sections 611(d)(2) and 618(a) of the Individuals
with Disabilities Education Act (Public Law 91-230, 20 U.S.C.
1411(d)(2) and 1418(a)) and 34 CFR 300.750 (relating to
annual report of children served--report requirement) by the
school district's 1999-2000 total enrollment, including students
attending public charter schools, reported to the Department
of Education. The Statewide average incidence rate of mildly
and severely disabled students shall be calculated by dividing
the Statewide total 1999 child count of students with
disabilities for all school districts by the 1999-2000 Statewide
total enrollment, including students attending public charter
schools, for all school districts. The payment to a qualifying
school district shall be calculated as follows:
(1) subtract one hundred twenty-five per centum (125%) of
the Statewide average incidence rate from the school district's
incidence rate;
(2) multiply the difference obtained in clause (1) by the
school district's 2000-2001 school year average daily
membership; and
(3) multiply the product obtained in clause (2) by one
thousand six hundred fifty dollars ($1,650).
((ii) added May 17, 2001, P.L.4, No.4)
(jj) For the 2001-2002 school year, each school district
shall receive additional funding as necessary so that the sum
of the payments school districts receive under subsections (gg),
(hh), (ii) and this subsection is greater than or equal to one
hundred five per centum (105%) of the payments to school
districts for the 2000-2001 school year under subsections (bb),
(cc), (dd), (ee) and (ff). ((jj) added May 17, 2001, P.L.4,
No.4)
(kk) For the 2002-2003 school year, each school district
shall receive additional funding as necessary so that the

payments school districts receive are equal to one hundred one

and five tenths per centum (101.5%) of the payments to school
districts for the 2001-2002 school year under subsections (gg),
(hh), (ii) and (jj). ((kk) added June 29, 2002, P.L.524, No.88)
(ll) During the 2003-2004 school year, each school district
shall be paid the amount it received during the 2002-2003 school
year under subsection (kk). ((ll) added Dec. 23, 2003, P.L.304,
No.48)
(mm) During the 2003-2004 school year, thirty-six million
one hundred forty-nine thousand five hundred eighty-seven
dollars ($36,149,587) of the funds appropriated to the
Department of Education for special education shall be used to
provide supplemental funding for special education to all school
districts. The supplemental funding shall be calculated as
follows:
(1) multiply each school district's 2003-2004 market
value/income aid ratio by sixteen per centum (16%) of its
2002-2003 average daily membership;
(2) multiply the product from paragraph (1) by thirty-six
million one hundred forty-nine thousand five hundred
eighty-seven dollars ($36,149,587); and
(3) divide the resultant product from paragraph (2) by the
sum of the products of the 2003-2004 market value/income aid
ratio multiplied by sixteen per centum (16%) of the 2002-2003
average daily membership for all school districts.
((mm) added Dec. 23, 2003, P.L.304, No.48)
(nn) During the 2004-2005 school year, each school district
shall be paid the amount it received during the 2003-2004 school
year under subsections (ll) and (mm). ((nn) added July 4, 2004,
P.L.536, No.70)
(oo) During the 2004-2005 school year, eighteen million,
four hundred eighty thousand, seven hundred eighty-one dollars
($18,480,781) of the funds appropriated to the Department of
Education for special education shall be used to provide
supplemental funding for special education to school districts.
(1) Each school district shall receive a funding supplement
calculated as follows:
(i) multiply each school district's 2004-2005 market
value/income aid ratio by sixteen percent (16%) of its 2003-2004
average daily membership;
(ii) multiply the product from clause (i) by sixteen
million, seven hundred thousand dollars ($16,700,000); and
(iii) divide the resultant product from clause (ii) by the
sum of the products of the 2004-2005 market value/income aid
ratio multiplied by sixteen per cent (16%) of the 2003-2004
average daily membership for all school districts.
(2) Each school district for which the supplement under
paragraph (1) provides an amount less than two per cent (2%)
of the sum of the amounts provided under subsections (ll) and
(mm) shall receive additional funding as necessary so that the
sum of the amounts provided under paragraph (1) and this
paragraph equals two per cent (2%) of the sum of the amounts
provided under subsections (ll) and (mm).
((oo) added July 4, 2004, P.L.536, No.70)
(pp) During the 2005-2006 school year, each school district
shall be paid the amount it received during the 2004-2005 school
year under subsections (nn) and (oo). ((pp) added July 13, 2005,
P.L.226, No.46)
(qq) (1) During the 2005-2006 school year, twenty-one
million one hundred forty-one thousand four hundred forty-three
dollars ($21,141,443) of the funds appropriated to the
Department of Education for special education shall be used to

provide supplemental funding for special education to school

districts under this subsection.
(2) Each school district shall receive a funding supplement
calculated as follows:
(i) multiply each school district's 2005-2006 market
value/income aid ratio by sixteen percent (16%) of its 2004-2005
average daily membership;
(ii) multiply the product from subclause (i) by twenty
million dollars ($20,000,000); and
(iii) divide the resultant product from subclause (ii) by
the sum of the products of the 2005-2006 market value/income
aid ratio multiplied by sixteen percent (16%) of the 2004-2005
average daily membership for all school districts.
(3) Each school district for which the supplement under
clause (2) provides an amount less than two percent (2%) of the
sum of the amounts provided under subsections (nn) and (oo)
shall receive additional funding as necessary so that the sum
of the amounts provided under clause (2) and this clause equals
two percent (2%) of the sum of the amounts provided under
subsections (nn) and (oo).
((qq) added July 13, 2005, P.L.226, No.46)
(rr) During the 2006-2007 school year, each school district
shall be paid the amount it received during the 2005-2006 school
year under subsections (pp) and (qq). ((rr) added July 11, 2006,
P.L.1092, No.114)
(ss) During the 2006-2007 school year, twenty-two million
four hundred sixty-two thousand and one hundred twenty dollars
($22,462,120) of the funds appropriated to the Department of
Education for special education shall be used to provide
supplemental funding for special education to all school
districts. Each school district shall receive a funding
supplement calculated as follows:
(1) Multiply each school district's 2006-2007 market
value/income aid ratio by sixteen percent (16%) of its 2005-2006
average daily membership.
(2) Multiply the product from paragraph (1) by twenty
million nine hundred forty-three thousand and four hundred
ninety-eight dollars ($20,943,498).
(3) Divide the resultant product from paragraph (2) by the
sum of the products of the 2006-2007 market value/income aid
ratio multiplied by sixteen percent (16%) of the 2005-2006
average daily membership for all school districts.
((ss) added July 11, 2006, P.L.1092, No.114)
(tt) Each school district shall receive an inflation index
supplement as necessary so that the amounts under subsection
(ss) and this subsection equal three and nine-tenths percent
(3.9%) multiplied by each school district's 2006-2007 market
value/income aid ratio of the amount in subsection (rr). ((tt)
added July 11, 2006, P.L.1092, No.114)
(uu) Each school district for which the sum of the
supplements under subsections (ss) and (tt) provides an amount
less than two percent (2%) of the amount provided under
subsection (rr) shall receive additional funding as necessary
so that the sum of the amounts provided under subsections (ss),
(tt) and this subsection equals two percent (2%) of the amount
provided under subsection (rr). ((uu) added July 11, 2006,
P.L.1092, No.114)
(vv) During the 2007-2008 school year, each school district
shall be paid the amount it received during the 2006-2007 school
year under subsections (rr), (ss), (tt) and (uu). ((vv) added
July 20, 2007, P.L.278, No.45)

(ww) During the 2007-2008 school year, twenty-seven million

six hundred eighty-two thousand one hundred and ninety-three
dollars ($27,682,193) of the funds appropriated to the
Department of Education for special education shall be used to
provide supplemental funding for special education to all school
districts. Each school district shall receive a funding
supplement calculated as follows:
(1) multiply each school district's 2007-2008 market
value/income aid ratio by sixteen percent (16%) of its 2006-2007
average daily membership;
(2) multiply the product from paragraph (1) by twenty-seven
million dollars ($27,000,000); and
(3) divide the resultant product from paragraph (2) by the
sum of the products of the 2007-2008 market value/income aid
ratio multiplied by sixteen percent (16%) of the 2006-2007
average daily membership for all school districts.
((ww) added July 20, 2007, P.L.278, No.45)
(xx) Each school district shall receive an inflation index
supplement as necessary so that the amounts under subsection
(ww) and this subsection equal three and four-tenths percent
(3.4%) multiplied by each school district's 2007-2008 market
value/income aid ratio of the amount in subsection (vv). ((xx)
added July 20, 2007, P.L.278, No.45)
(yy) Each school district for which the sum of the
supplements under subsections (ww) and (xx) provides an amount
less than two percent (2%) of the amount provided under
subsection (vv) shall receive additional funding as necessary
so that the sum of the amounts provided under subsections (ww),
(xx) and this subsection equals two percent (2%) of the amount
provided under subsection (vv). ((yy) added July 20, 2007,
P.L.278, No.45)
(zz) (1) During the 2008-2009 school year, each school
district shall be paid the amount it received during the
2007-2008 school year under subsections (vv), (ww), (xx) and
(yy).
(2) During the 2008-2009 school year, twenty-seven million
eight hundred four thousand fourteen dollars ($27,804,014) of
the funds appropriated to the Department of Education for
special education shall be used to provide supplemental funding
for special education to all school districts. Each school
district shall receive a funding supplement calculated as
follows:
(i) multiply each school district's 2008-2009 market
value/income aid ratio by sixteen percent (16%) of its 2007-2008
average daily membership;
(ii) multiply the product from subparagraph (i) by
twenty-six million seven hundred thousand six dollars
($26,700,006); and
(iii) divide the resultant product from subparagraph (ii)
by the sum of the products of the 2008-2009 market value/income
aid ratio multiplied by sixteen percent (16%) of the 2007-2008
average daily membership for all school districts.
(3) Each school district shall receive an inflation index
supplement as necessary so that the amounts under paragraph (2)
and this paragraph equal four and four tenths percent (4.4%)
multiplied by each school district's 2008-2009 market
value/income aid ratio of the amount in paragraph (1).
(4) Each school district for which the sum of the
supplements under paragraphs (2) and (3) provides an amount
less than two percent (2%) of the amount provided under
paragraph (1) shall receive additional funding as necessary so
that the sum of the amounts provided under paragraphs (2) and

(3) and this paragraph equals two percent (2%) of the amount
provided under paragraph (1).
(5) For the 2008-2009 fiscal year, if insufficient funds
are appropriated to make Commonwealth payments pursuant to
paragraphs (2), (3) and (4), such payments shall be made on a
pro rata basis. The amounts pro rated shall be the sum of the
payments made under paragraphs (2), (3) and (4).
((zz) added July 9, 2008, P.L.846, No.61)
(aaa) During the 2009-2010 through the 2013-2014 school
years, each school district shall be paid the amount it received
during the 2008-2009 school year under subsection (zz). If
insufficient funds are appropriated, the payments shall be made
on a pro rata basis. ((aaa) amended July 9, 2013, P.L. , No.59)
(2509.5 amended July 9, 1992, P.L.392, No.85)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 34 of Act 61 of 2008, which added
section 2509.5(zz), provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2509.6. Average Cost Guarantee.--(a) For the
1991-1992 school year, the dollars available to school districts
for operating and administering classes for exceptional children
shall be guaranteed at eight thousand five hundred five dollars
($8,505) per average daily membership for special education
programs and services offered by school districts during the
1990-1991 school year and ten thousand two hundred ninety
dollars ($10,290) per average daily membership for special
education programs and services offered by the intermediate
unit during the 1990-1991 school year.
(b) The dollars available to school districts for operating
and administering classes for exceptional children shall be the
sum of the following: total average daily membership for
students receiving special education multiplied by the tuition
charge pursuant to section 2561, plus the amount calculated
pursuant to sections 2509(f) and 2509.5(b) and three times the
district's payment to the Commonwealth for noninstitutionalized
children's programs pursuant to section 2509.1(f).
(c) If the actual dollars available to a school district,
as calculated pursuant to subsection (b), are less than the
total guaranteed dollars available to a school district pursuant
to subsection (a), then the Commonwealth shall pay to such
school district funds equal to the amount of the difference
between the total guaranteed dollars available pursuant to
subsection (a) and the actual dollars available pursuant to
subsection (b).
(2509.6 amended July 9, 1992, P.L.392, No.85)
Section 2509.7. Minimum Guarantee.--For the 1991-1992 school
year, each intermediate unit, in the aggregate, including the
intermediate unit and its member school districts, shall receive
at least a three and five-tenths percent (3.5%) increase in the
aggregate revenue for special education over the aggregate cash
amount available from the Commonwealth for special education
during the 1990-1991 school year. The intermediate unit shall
meet with its constituent school districts to develop a plan
for the expenditure or distribution of the funds provided by
this section for the purpose of the provision of special
education programs and services. These funds may not be expended
or distributed by the intermediate unit until a majority of the
boards of directors of the constituent school districts have
approved such expenditures or distribution. If the amount

received under the provisions of this section is less than ten

thousand dollars ($10,000), such amount may be retained by the
intermediate unit for the purpose of providing special education
programs or services without the approval of its constituent
school districts. For the purpose of computing the revenue
available for the guarantee in this section, the Commonwealth
shall include funds allocated pursuant to sections 2509(f) and
2509.5(b), plus an amount equal to three times the school
district payment to the Commonwealth pursuant to section
2509.1(b) and the funds allocated pursuant to sections
2509.1(c), (d) and (f) and 2509.6.
(2509.7 added Aug. 5, 1991 P.L.219, No.25)
Section 2509.8. Extraordinary Special Education Program
Expenses.--(a) The Department of Education shall, for the
1991-1992 school year, the 1994-1995 school year and each school
year thereafter, set aside one percent (1%) of the State special
education appropriation for extraordinary expenses to be
incurred in providing a special education program or service
to one or more students with disabilities as approved by the
Secretary of Education.
(b) (1) Subject to the limitation in clause (2), the
Department of Education shall, for the 1992-1993 and 1993-1994
school years, set aside two percent (2%) of the State special
education appropriation for extraordinary expenses incurred in
providing special education programs or services to one or more
students with disabilities as approved by the Secretary of
Education.
(2) In the 1992-1993 school year, only one-half of the two
percent (2%) set aside may be expended immediately, and the
other one-half of the amount set aside shall not be expended
until all authorized expenditures under sections 2509, 2509.1,
2509.5, 2509.9 and 2509.10 have been made to the qualified
school entities.
(c) The Secretary of Education shall establish guidelines
for the application, approval, distribution and expenditure of
these funds and shall report annually to the General Assembly
on such expenditures.
(d) For the 2000-2001 school year through the 2002-2003
school year, the Department of Education shall set aside two
percent (2%) of the special education appropriation for
extraordinary expenses incurred in providing a special education
program or service to one or more students with disabilities
as approved by the Secretary of Education. ((d) amended Dec.
23, 2003, P.L.304, No.48)
(e) For the 2003-2004 school year and each school year
thereafter, the Department of Education shall set aside one
percent (1%) of the special education appropriation for
extraordinary expenses incurred in providing a special education
program or service to one or more students with disabilities
as approved by the Secretary of Education. Such special
education program or service shall include, but not be limited
to, the transportation of students with disabilities; services
related to occupational therapy, physical therapy, speech and
language, hearing impairments or visual impairments; or training
in orientation and mobility for children who are visually
impaired or blind. ((e) added Dec. 23, 2003, P.L.304, No.48)
(2509.8 amended June 30, 1995, P.L.220, No.26)
Section 2509.9. Special Education Payments to Intermediate
Units and School Districts for 1992-1993.--Notwithstanding any
provision of this act to the contrary, special education
payments during the period from July 1, 1992, through December
31, 1992, shall be made in the following manner:

(1) Payments to intermediate units shall be equal to amounts

payable under section 2509.1(d) and shall be made in accordance
with the schedule under section 2509.1(e) during the 1992-1993
school year.
(2) Payments to school districts shall be equal to those
paid to school districts on account of special education
services and paid during the 1991-1992 school year in accordance
with the schedule under section 2509.5(c), excluding those
payments made under section 2509(f).
(2509.9 amended June 7, 1993, P.L.49, No.16)
Section 2509.10. Special Education Payment Adjustments for
1992-1993 School Year.--Payments to each school district
pursuant to section 2509.9 and pursuant to court orders shall
be applied to the amounts payable to such school district
pursuant to section 2509.5(d). Payments pursuant to section
2509.9 and pursuant to court orders to each intermediate unit
which is coterminous with a school district shall be applied
to the amounts payable to the school district pursuant to
section 2509.5(d) and to the intermediate unit pursuant to
section 2509.1(b.1), (c) and (d). Payments pursuant to section
2509.9 and pursuant to court orders to each intermediate unit
which is not coterminous with a school district shall be applied
to the amounts payable to such intermediate unit pursuant to
section 2509.1(c). Each intermediate unit which is not
coterminous with a school district shall return to the
Department of Education any funds received pursuant to section
2509.9 and pursuant to court orders that exceed the amounts
payable to such intermediate unit pursuant to section 2509.1(c).
(2509.10 added June 7, 1993, P.L.49, No.16)
Section 2509.11. Eligible Young Children.--(a) Beginning
with the 1997-1998 school year, programming for children over
the age established for an eligible young child as defined in
this section shall be paid for from funds appropriated under
sections 2509, 2509.1 and 2509.5 and their successor provisions.
Funds appropriated for early intervention services for eligible
young children shall not be used for this programming.
(b) As used in this section, "eligible young child" shall
mean a child who is younger than the earliest admission age to
a school district's kindergarten program for children five (5)
years of age; or when no kindergarten program is provided, the
admission age for beginners; and at least three (3) years of
age and who meets any of the following criteria:
(1) The child has any of the following physical or mental
disabilities: autism/pervasive developmental disorder, serious
emotional disturbance, neurological impairment, deafness/hearing
impairment, specific learning disability, mental retardation,
multi-handicap, other health impairment, physical disability,
speech impairment or blindness/visual impairment.
(2) The child is considered to have a developmental delay
as defined by regulations of the State Board of Education and
the standards of the Department of Education.
(2509.11 added June 25, 1997, P.L.297, No.30)
Section 2509.12. Special Education Community Support
Services.--For the 2006-2007 school year and each school year
thereafter, the Department of Education shall set aside from
the annual special education appropriation five hundred
sixty-three thousand dollars ($563,000) for community support
services for students with disabilities. This amount is not to
be included in the base calculations of the special education
program components.
(2509.12 added July 11, 2006, P.L.1092, No.114)

Section 2509.13. Special Education Funding for Student

Achievement and Instruction of Eligible Students.--(a) (1)
The Department of Education shall utilize the funds under
section 2509.8(e) in order to meet, to the extent that funds
are available, extraordinary special education expenses not
anticipated through the special education funding formula.
School districts and charter and cyber charter schools may apply
for resources through the fund under procedures established by
the Department of Education. The Department of Education shall
make payments from the fund in response to the applications.
(2) The Department of Education shall issue a comprehensive
annual report documenting use of the fund to the General
Assembly and shall provide public access to the report.
(3) As used in this subsection, "extraordinary special
education expenses" shall mean expenses that result from needs
and circumstances of an eligible student with significant
disabilities which are not ordinarily present in a typical
special education service and program delivery system and which
have costs exceeding the school district or charter or cyber
charter school funding for special education, in order to
provide the student with an appropriate education in the least
restrictive environment.
(b) (1) To the extent that funds are appropriated any year
by the General Assembly, the Department of Education shall
establish and implement a competitive grant program for school
districts and charter schools meeting the following criteria:
(i) Providing instruction within the regular classroom at
least eighty percent (80%) of the school day for at least
sixty-five percent (65%) of eligible students, as averaged for
the two (2) most recent school years for which data is available
or increasing the number of eligible students receiving
instruction within the regular classroom by at least fifteen
percent (15%) in the most recent school year for which data is
available.
(ii) In the most recent school year for which data is
available, performance by eligible students on State academic
assessments in reading and math, averaged for the entire
district, meeting State standards for adequate yearly progress
by any method approved by the Federal and State governments,
such as by meeting the annual target, the confidence interval
or the safe harbor target or by appeal.
(iii) Implementing programs or services that serve as a
model of excellence for meeting high standards for inclusion
and student achievement through quality special education.
(2) The Department of Education shall develop guidelines
for the administration of the grant program established under
this subsection, which shall be allocated to school districts
and charter schools on a competitive basis.
(3) The Department of Education shall issue an annual report
to the General Assembly documenting use of the grants issued
under paragraph (1) and shall provide public access to the
report.
(4) Nothing under paragraph (1) or any other provision of
this act shall alter Federal or State law regarding the
protections provided to an eligible student for receiving
education in the least restrictive environment or shall alter
the legal authority of individualized education program teams
to make appropriate program and placement decisions for eligible
students in accordance with the individualized education program
developed for each eligible student.
(2509.13 added Apr. 25, 2013, P.L.12, No.3)

Compiler's Note: Section 4 of Act 3 of 2013 provided that

the Secretary of Education shall propose regulations for
promulgation by the State Board of Education which
implement section 2509.13.
Section 2509.14. Special Education Funding for Eligible
Students with Disabilities in Cost Category 3.--(2509.14
repealed July 10, 2014, P.L.1053, No.126)
Compiler's Note: Section 4 of Act 3 of 2013 provided that
the Secretary of Education shall propose regulations for
promulgation by the State Board of Education which
implement section 2509.14.
Section 2509.15. Special Education Accountability.--(a)
(1) The Department of Education shall determine the form and
manner in which school districts shall submit a special
education plan and revisions, updates and amendments to the
special education plan under this section. The special education
plan shall be consistent with other existing plans and reports
required by the Department of Education to the greatest extent
possible. Special education plans shall be written in a manner
that is easy to use and understand by parents and the public,
including a general summary.
(2) The Department of Education shall:
(i) review the special education plans and revisions,
updates and amendments;
(ii) provide recommendations and technical assistance to
school districts;
(iii) approve or disapprove the plan within ninety (90)
calendar days of receipt;
(iv) provide a written explanation when disapproving a plan;
and
(v) provide guidance related to plan resubmission.
(3) The Department of Education shall approve a special
education plan and revisions, updates and amendments that in
the determination of the Department of Education:
(i) meet the requirements of this section;
(ii) address the academic and developmental challenges for
eligible students identified in the school district's most
recent student achievement results and pursuant to performance
indicators;
(iii) describe programs and strategies that are most likely
to improve student outcomes in the school district; and
(iv) describe policies of the school district to ensure
that a student identified as having a disability is no longer
identified as such if the student no longer qualifies under 22
Pa. Code Ch. 14 (relating to special education services and
programs), or any successor regulation.
(4) Upon disapproving a school district's special education
plan, update or revision submitted under this section, the
Department of Education may withhold the portion of the annual
State increase in special education funding which exceeds the
index until a written special education plan, update or revision
is approved.
(5) The Secretary of Education shall involve as appropriate
in special education monitoring, support, intervention,
technical assistance and special education plan review by the
Department of Education, the staff in relevant offices, bureaus
and divisions of the Department of Education, as well as any
other resources as appropriate.
(b) (1) Pursuant to the timetable set forth in section
218, each school district receiving an increase in its State
special education funding allocation of more than the index

shall update its special education plan by attaching the

district's special education expenditures as reported on the
annual financial reports and shall submit the updates and
revisions to the Department of Education for approval under
subsection (a). The Department of Education shall allow a
district to meet the requirements of this section by adding the
information as an appendix to the existing plan.
(2) School districts shall use State funds for programs and
supports that expressly benefit eligible students educated in
the least restrictive environment in accordance with Federal
and State law and contribute to achievement of performance
indicators.
(3) The Department of Education shall identify resources
for programs and supports that benefit eligible students and
contribute to achievement of performance indicators and address
the following areas or related areas:
(i) curricula adaptation;
(ii) coteaching;
(iii) assistive technology;
(iv) school-wide positive behavior supports;
(v) supplementary aids and services;
(vi) professional development;
(vii) reading services and supports;
(viii) caseload management for special education teachers
and related services personnel; and
(ix) placing and serving eligible students in regular
classrooms with supports in accordance with the individualized
education program developed for each eligible student.
(4) The Department of Education shall make the resources
identified in paragraph (3) available to all educational
entities in this Commonwealth.
(c) Accountability for the effective use of resources to
meet student needs shall also be provided in the following ways:
(1) The Department of Education shall issue to the General
Assembly a comprehensive annual report on special education
funding, special education plans, the implementation of 22 Pa.
Code 14.104 (relating to special education plans) and other
special education accountability issues for public school
entities serving eligible students and this Commonwealth.
(2) Upon disapproving a school district's special education
plan, update or revision, the Department of Education may
withhold the portion of the annual State increase in special
education funding which exceeds the index until a written
special education plan, update or revision is approved.
(3) (i) The Department of Education shall:
(A) review and monitor implementation of all special
education plans, such as compliance with subsection (b) and 22
Pa. Code 14.104;
(B) provide support, intervention and technical assistance
in school districts failing to meet student needs based on
performance indicators or failing to comply with subsection
(b);
(C) post on its Internet website each school district's
progress on meeting student needs based on performance
indicators; and
(D) determine whether to withhold up to five percent (5%)
of all State special education funding for school districts
identified under this clause while the identified problems
remain unresolved.
(ii) If the Department of Education determines that a school
district is making substantial progress toward resolving the
identified problems, it shall restore the withheld funding

retroactively and continue to monitor the district for an

additional two (2) years.
(4) (i) To discourage the inappropriate overidentification
of children for special education, the Department of Education
shall automatically conduct a thorough review of the special
education plan of any school district with a substantially
higher ratio of eligible students in the district to its average
daily membership for all students than the State average, as
established by the Department of Education, and of any district
where the ratio of eligible students in the school district to
its average daily membership for all students in the most recent
school year for which data is available has increased by more
than ten percent (10%) over the previous year or of any district
where the ratio has increased by an annual average of more than
five percent (5%) during the most recent five-year period. The
Department of Education may take remedial action, including
withholding up to five percent (5%) of all State special
education funding, if the Department of Education determines
that a school district has overidentified children for special
education.
(ii) Nothing in this paragraph or any other provision of
this act shall be construed to alter Federal or State law
regarding the protections provided to an eligible student for
receiving education in the least restrictive environment or
alter the legal authority of individualized eduction program
teams to make appropriate program and placement decisions for
eligible students in accordance with the individualized
education program developed for each eligible student.
(d) In rendering a decision or determining remedial action
under this section, the Department of Education shall consider
extraordinary circumstances which a school district subject to
review is experiencing, including a substantial reduction in
Federal or State funds or other factors beyond the control of
the school district. The Department of Education shall issue
to any affected school district a notice specifying the
Department of Education's decisions and actions under this
section and the rationale for the decisions and actions. A
school district may file a written response to the Department
of Education about the Department of Education's decisions and
actions regarding the district made under this section. The
written response must be submitted to the Department of
Education within thirty (30) calendar days of the Department
of Education's notice or within thirty (30) calendar days of
receiving the notice, whichever is later. The Department of
Education shall consider the written response, consult with the
school district and, within thirty (30) calendar days after
receiving the written response, issue a written decision
addressing the concerns and claims made in the written response,
explaining the judgment of the Department of Education in
response to these concerns and claims and specifying the
opportunity to appeal this matter to the Secretary of Education
for a hearing under 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial review of Commonwealth agency action)
and 1 Pa. Code Pt. II (relating to general rules of
administrative practice and procedure). If requested, the
Secretary of Education shall convene a hearing within thirty
(30) calendar days after receipt of a school district's hearing
request. The Secretary of Education shall render a written
hearing decision within thirty (30) calendar days following the
hearing.

(e) The Department of Education shall provide public access

to the decisions, actions and reports made under this section.
(f) Nothing under this section shall supersede or preempt
any provisions of a collective bargaining agreement between a
school entity and an employe organization in effect on the
effective date of this section.
(g) The requirements of this section shall be waived until
the General Assembly appropriates special education funding
above the amount of special education funding in the base year,
and on the effective date of the appropriation the requirements
of this section shall apply for that school year and for each
school year thereafter.
(2509.15 added Apr. 25, 2013, P.L.12, No.3)
Compiler's Note: Section 4 of Act 3 of 2013 provided that
the Secretary of Education shall propose regulations for
promulgation by the State Board of Education which
implement section 2509.15.
Section 2509.16. Data Collection.--Using existing resources
and data systems as well as nationally accepted accounting and
modeling standards, the Department of Education shall collect
data necessary for accurate functioning of a special education
formula developed under section 122, including, but not limited
to, data necessary for the calculations related to Cost Category
1, Cost Category 2 and Cost Category 3 as part of the formula
developed by the commission. The Department of Education shall
begin collecting such data upon the effective date of this
section.
(2509.16 added Apr. 25, 2013, P.L.12, No.3)
Compiler's Note: Section 4 of Act 3 of 2013 provided that
the Secretary of Education shall propose regulations for
promulgation by the State Board of Education which
implement section 2509.16.
Section 2509.17. Protections.--Nothing under the provisions
of this act shall alter Federal or State law regarding the
protections provided to an eligible student for receiving
education in the least restrictive environment or shall alter
the legal authority of individualized education program teams
to make appropriate program and placement decisions for eligible
students in accordance with the individualized education program
developed for each eligible student.
(2509.17 added Apr. 25, 2013, P.L.12, No.3)
Compiler's Note: Section 4 of Act 3 of 2013 provided that
the Secretary of Education shall propose regulations for
promulgation by the State Board of Education which
implement section 2509.17.
Section 2510. Payments on Account of Extension Classes and
Instruction of Home Bound Children.--(2510 repealed Feb. 1,
1966, 1965 P.L.1642, No.580)
Section 2510.1. Payments on Account of Homebound
Children.--Every school district, regardless of classification,
shall be paid by the Commonwealth for the school year 1966-1967,
and for each school year thereafter, on account of the
instruction of homebound children, an amount determined by
multiplying the mandated minimum hourly rate for instructing
homebound children by the district's aid ratio. Payments made
to school districts for the instruction of homebound children
shall only be made to the extent funds are appropriated for
this purpose.
(2510.1 amended June 30, 2011, P.L.112, No.24)

Section 2510.2. Assistance to School Districts Certified

as Education Empowerment Districts.--For the 2012-2013 fiscal
year, the Department of Education may utilize up to $4,500,000
of undistributed funds not expended, encumbered or committed
from appropriations for grants and subsidies made to the
Department of Education to assist school districts certified
on or before June 30, 2010, as an education empowerment district
under section 1705-B(h)(3). The funds shall be transferred by
the Secretary of the Budget to a restricted account as necessary
to make payments under this section and, when transferred, are
hereby appropriated to carry out the provisions of this section.
(2510.2 added June 30, 2012, P.L.684, No.82)
Section 2510.3. Assistance to School Districts Declared to
be in Financial Recovery Status or Identified for Financial
Watch Status.--(a) For the 2013-2014 fiscal year, the
Department of Education may utilize up to four million five
hundred thousand dollars ($4,500,000) of undistributed funds
not expended, encumbered or committed from appropriations for
grants and subsidies made to the Department of Education to
assist school districts declared to be in financial recovery
status under section 621-A or identified for financial watch
status under section 611-A. The funds shall be transferred by
the Secretary of the Budget to a restricted account as necessary
to make payments under this section and, when transferred, are
hereby appropriated to carry out the provisions of this section.
(b) For the 2013-2014 fiscal year, the amount of seven
million five hundred thousand dollars ($7,500,000) of
undistributed funds not expended, encumbered or committed from
appropriations for grants and subsidies made to the Department
of Education shall be transferred to the Financial Recovery
School District Transitional Loan Account to make loans as
provided under section 681-A.
(2510.3 added July 9, 2013, P.L. , No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
Section 2511. Payments on Account of Closed Schools.--(2511
repealed June 12, 1968, P.L.192, No.96)
Section 2511.1. Payments on Account of Obligations to State
Public School Building Authority.--(2511.1 repealed Mar. 22,
1956, 1955 P.L.1315, No.417)
Section 2512. Certificates of Attendance Data.--On or before
the first day of July of every year, each school district, with
respect to area technical schools, shall file a certificate
with the Superintendent of Public Instruction in such form as
he may prescribe and on blanks to be furnished by him, showing
attendance data for all pupils during the preceding school term,
classified into such groups as the Superintendent of Public
Instruction shall direct, together with such other information
as the Superintendent of Public Instruction shall require, in
order to enable him to properly administer the provisions of
this act relating to reimbursements by the Commonwealth.
(2512 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2513. Certificates of Teacher Data.--On or before
the first day of November of each year, each school district,
with respect to area technical schools, shall file a certificate
with the Superintendent of Public Instruction in such form as
he may prescribe and on blanks to be furnished by him, showing
the number of full-time teachers, supervisors, principals and
other full-time members of the teaching and supervisory staffs,
the number thereof employed in elementary schools, and the

number employed respectively in three (3) and four (4) year

junior high schools, the certificates held by each, and the
compensation paid each for the current school year, and showing
further the number of part-time teachers, supervisors, and
principals employed in extension schools and classes established
as herein provided, the certificates held by each, and the
compensation paid each during the preceding school year.
(2513 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2513.1. Certificates of Expenditures for Vocational
Schools.--On or before the tenth day of July of each year, the
school directors of each district shall present to the
Superintendent of Public Instruction a statement of the amount
expended during the school year previous to such first day of
July for instruction in approved local or joint vocational
industrial, vocational homemaking, vocational distributive
occupational or vocational agricultural schools or departments.
On the basis of such a statement the Superintendent of Public
Instruction, as the executive officer of the State Board for
Vocational Education, shall pay such school districts and joint
school districts such reimbursement for the previous school
year as is provided for in this act.
(2513.1 added May 9, 1949, P.L.939, No.263)
Section 2514. Certificates of Assessed Valuations.--On or
before the first day of July of every year, the board of
revision of taxes of counties of the first class, the board of
property assessment appeals and review of counties of the second
class, the board for the assessment and revision of taxes of
counties of the third class, and the county commissioners of
all other counties, shall file a certificate with the
Superintendent of Public Instruction, in such form as he may
prescribe and on blanks to be furnished by him, showing the
assessed valuation of all real property in each school district
in the county on which the taxes for the then current year are
levied.
Section 2514.1. Personal Income Valuation Information and
Determinations.--(a) The Secretary of Revenue shall, on or
before January 31 of each year commencing in 1981, supply to
each school district a listing of the names and addresses of
each person who has filed a State income tax return with the
Department of Revenue for the tax year preceding the immediate
prior year and has designated thereon a code or identification
number indicating that the taxpayer was a resident of the school
district at the close of the tax year for which the return was
filed. Within twenty (20) days of receipt of the list, each
school district shall report to the Secretary of Revenue in
writing in such form as the secretary shall prescribe any
claimed corrections to the list as of December 31 of the tax
year for which the returns were filed, specifying the basis for
each claim. Should the school district claim that any address
listed properly should be carried upon the list of another
school district, the reporting school district shall notify the
other school district of its claim, and a copy of the notice
shall accompany the report hereby required. Within ten (10)
days of receipt of the notice, the other school district may
notify the Secretary of Revenue in writing in such form as the
secretary shall prescribe of its nonconcurrence with the claim
made by the reporting school district, specifying the basis for
its nonconcurrence. Failure to report or notify the Secretary
of Revenue of any claimed correction or nonconcurrence as herein
provided shall be deemed a concurrence.
(b) Upon receipt of the reports and notices provided for
in subsection (a), the Secretary of Revenue, with the

cooperation of the Secretary of Education, shall cause them to

be reviewed, make such adjustments or corrections as he may
deem necessary and appropriate, and based upon the corrected
list, shall make his determination of the valuation of total
taxable income to be certified to the Secretary of Education.
The certified determination shall be final and not subject to
further review or appeal with respect to the tax year involved.
(b.1) Each school district which receives a listing of
taxpayers pursuant to subsection (a) shall, upon receipt of a
written request from any municipality within the school
district, share a copy of the listing with the requesting
municipality. This information shall be used by a municipality
solely to verify the accuracy of the municipality's tax rolls.
Each school district which complies with the provisions of this
subsection shall be entitled to reasonable expenses and
reimbursement for making the listing available to the
municipality. The provisions of subsection (a) with regard to
claimed corrections shall not apply to municipalities. ((b.1)
added July 10, 1987, P.L.286, No.50)
(c) Provision by the Department of Revenue of the list of
the names and addresses and school identification code or number
to the school districts and use thereof by the school districts
or municipalities for the purposes of this section shall be
deemed an official use and not a violation of subsection (f)
of section 353 of the act of March 4, 1971 (P.L.6, No.2), known
as the "Tax Reform Code of 1971," but the use or disclosure of
the contents of any list by any person for any purpose other
than that set forth by this section or as otherwise permitted
by law shall be unlawful and in violation of section 353(f) of
the "Tax Reform Code of 1971." ((c) amended July 10, 1987,
P.L.286, No.50)
(2514.1 amended Feb. 4, 1982, P.L.1, No.1)
Section 2515. Ascertainment of Amounts Required;
Apportionment.--The Superintendent of Public Instruction shall
ascertain and determine the amount of funds required to meet
each payment to school districts, intermediate units and
vocational school districts which become due and payable within
each fiscal year, on the data and material contained in the
certificates which school districts, intermediate units and
vocational school districts are required to file with the
superintendent at such time as he shall determine. The
superintendent shall apportion and allot the same to and among
the respective districts and intermediate units. The amount
paid to any district or intermediate unit within any fiscal
year shall be computed on the data and information contained
in the certificates required to be filed each year, as herein
provided. Each district's valuation to be used for purposes of
computing its standard reimbursement fraction for the school
year 1949-1950 and thereafter or for purposes of computing the
aid ratio for the school year 1966-1967, and thereafter, shall
be the valuation placed upon its taxable real property by the
State Tax Equalization Board.
(2515 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2516. Certification of Amounts.--When the amount
payable to each district and board has been ascertained and
determined by the Superintendent of Public Instruction, he shall
certify the same to the State Treasurer and Auditor General,
who shall place the accounts to the credit of the respective
districts and boards. The Superintendent of Public Instruction
shall transmit to each intermediate unit and to each school
district a statement showing the amount which has been
apportioned and allotted to each school district and to each

intermediate unit for area technical schools under the

supervision of intermediate unit executive director or district
superintendent.
(2516 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2517. Payments.--(a) The amount apportioned and
allotted to each school district shall be divided into three
payments and the Secretary of Education shall draw his
requisition three times annually upon the State Treasurer in
favor of each district for the amount to which it is entitled.
The first two payments shall be estimates based on but not to
exceed thirty percent (30%) each of the total amount apportioned
and allocated to the school district during the previous school
year for the same purposes. The final payment shall be the
balance of the apportionment due for the applicable school year.
Payment thereof shall be made to all school districts on the
first day of October, February and June, except any school
district whose fiscal year and calendar year are identical at
the effective date of this amendatory act shall continue to
receive payments as heretofore.
(b) Subsection (a) of this section shall apply to payments
to which a school district is entitled under any provision of
sections 2502, 2592, 2502.3 or 2502.4 of the act for any school
year up to or including 1980-1981.
(c) For the 1981-1982 school year through the 1990-1991
school year, the amount apportioned and allotted to each school
district shall be divided into six payments and the Secretary
of Education shall draw his requisition six times upon the State
Treasurer in favor of each district for the amount to which it
is entitled. The first five payments shall be estimates based
on but not to exceed fifteen percent (15%) each of the total
net amount apportioned and allocated to the school district for
the payment year. The final payment shall be the balance of the
apportionment due for the applicable school year. Payment
thereof shall be made to all school districts on the fourth
Thursday of August, October, December, February and April and
the first day of June. For the 1991-1992 school year and every
school year thereafter, the amount apportioned and allotted to
each school district shall be divided into six payments and the
Secretary of Education shall draw his requisition six times
upon the State Treasurer in favor of each district for the
amount to which it is entitled. The first five payments shall
be estimates based on but not to exceed fifteen percent (15%)
each of the total net amount apportioned and allocated to the
school district for the payment year. The final payment shall
be the balance of the apportionment due for the applicable
school year. Payment thereof shall be made to all school
districts on the last Thursday of August, October, December,
February and April and the first day of June. ((c) amended Aug.
5, 1991, P.L.219, No.25)
(d) Subsection (c) of this section shall apply to:
(1) All payments to which a school district is entitled
under any provision of sections 2502, 2502.3, 2502.4, 2502.8,
2502.9 and 2592 for the school year 1981-1982.
(2) Payments to which a school district is entitled under
any provision of sections 2502, 2502.8 and 2502.11 for the
school year 1982-1983 and the school year 1983-1984.
(3) Payments to which a school district is entitled under
any provision of sections 2502, 2502.8, 2502.11, 2502.13 and
2502.20 for the school year 1984-1985 through the school year
2000-2001.
(4) Payments to which a school district is entitled under
any provision of sections 2502, 2502.8, 2502.11, 2502.13,

2502.40 and 2591.1 for the school year 2001-2002 and each school
year thereafter.
((d) amended June 29, 2002, P.L.524, No.88)
(e) The Secretary of Education, with the approval of the
Governor, may make basic education funding allocation payments
to school districts, in advance of the dates set forth in this
section to school districts which are financially handicapped,
when the secretary deems it necessary to enable the school
district to keep their public schools open. ((e) added July 11,
2006, P.L.1092, No.114)
(2517 amended July 1, 1985, P.L.103, No.31)
Section 2518. Forfeitures for Employing Improperly Certified
Individuals.--In the event that after the first day of July one
thousand nine hundred fifty-one, any school district, or
intermediate unit with respect to area technical schools, for
a period of two successive years employes the same teacher, who
holds only an emergency certificate for any grade or subject
which he teaches, or for a period of two successive years,
employs in the same position teachers, who hold only an
emergency certificate for any grades or subjects which they
teach, such school district or board shall forfeit the sum of
three hundred dollars ($300) for each teacher so employed or
for each position so filled. No such penalty shall be imposed
for any violation of the foregoing provision during the biennium
one thousand nine hundred forty-seven--one thousand nine hundred
forty-nine. Any school district or intermediate unit with
respect to area technical schools that now or hereafter employs
any teacher, who does not hold any form of teacher certification
to teach in the public schools of this Commonwealth, valid for
the subjects or grades in which the teacher is giving
instruction, shall forfeit one reimbursement unit for each such
teacher employed. Any school district or intermediate unit with
respect to area technical schools that employs any person in a
supervisory capacity after the first Monday of July, 1962, who
has not been certified for such position by the Department of
Education, shall forfeit one reimbursement unit for each such
person employed: Provided, That there shall not be any
forfeiture for any uncertificated person who is employed in a
supervisory capacity if such person was in the employ of any
school district on or before July 1, 1962. Forfeiture shall
apply only to uncertificated persons who are hired in a
supervisory capacity after July 1, 1962. Any school district
or intermediate unit with respect to area technical schools
that employs a substitute after July first, one thousand nine
hundred fifty-two, in a position where a vacancy exists for a
full year or more, without the specific written approval of the
Secretary of Education, shall forfeit one reimbursement unit
for each substitute so employed. The Secretary of Education
shall deduct such sum or sums from the amount of the
Commonwealth appropriation otherwise due such district or
intermediate unit under the provisions of this act.
The foregoing forfeitures of reimbursement units on account
of employes uncertificated for the position in which employed,
and on account of substitutes, shall not apply in the case of
employes in positions after July 1, 1966: Provided, however,
That any school district or any county board of school directors
with respect to area technical schools that from July 1, 1966,
to July 1, 1992, has had in its employ any person in a teaching,
specialist, supervisory or administrative capacity who has not
been certificated for said position by the Department of
Education, or that has had in its employ a substitute in a
position where a vacancy exists for a full year or more without

the specific written approval of the Secretary of Education,

shall forfeit an amount equal to the minimum salary mandated
by law for the position less the product of said salary and the
aid ratio of the district. Notwithstanding the above, after
July 1, 1992, any school district, intermediate unit, area
vocational-technical school or other public school in this
Commonwealth that has in its employ any person in a position
that is subject to the certification requirements of the
Department of Education but who has not been certificated for
his position by the Department of Education or that has in its
employ a substitute in a position where a vacancy exists for a
full year or more without the specific written approval of the
Secretary of Education shall forfeit an amount equal to six
thousand dollars ($6,000) less the product of six thousand
dollars ($6,000) and the district's market value/income aid
ratio. Any exemption from forfeiture by reason of employment
on or before July 1, 1962 as provided elsewhere in this section
shall not be invalidated by this amendment.
(2518 amended June 7, 1993, P.L.49, No.16)
Section 2519. Withholding Payments for Failure to Pay
Minimum Salaries and Increments.--The Superintendent of Public
Instruction may refuse to authorize the payment of any amount
payable to any school district or intermediate unit for area
technical schools for any school year, which the school district
or intermediate unit shall at any time fail or refuse to pay
to the members of its teaching and supervisory staffs the full
amount of the minimum salaries and increments required by law.
He may continue to withhold such requisitions until provision
has been made by the school district or intermediate unit for
the payment of such minimum salaries and increments.
(2519 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2520. Payments on Account of Increase in Number of
Pupils and Additional Closed Schools.--(2520 repealed Feb. 1,
1966, 1965 P.L.1642, No.580)
Section 2521. Errors in Certificates.--If any error in any
certificate shall occur whereby a school district or
intermediate unit with respect to area technical schools would
receive more or less of the State appropriation than is justly
due to such district or intermediate unit, the intermediate
unit executive director or district superintendent shall have
authority and hereby is required to forward immediately to the
Superintendent of Public Instruction a correct certification,
and the Superintendent of Public Instruction shall thereupon
make it the basis of the appropriation due said district.
(2521 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2522. Payments to School Treasurer; Use.--The annual
State appropriation apportioned and distributed by the
Superintendent of Public Instruction to any school district or
to any intermediate unit for area technical schools shall be
paid to the treasurer of the school district or to the treasurer
of the intermediate unit, and shall be used by the district
through its board of school directors for the use of the
district for the purposes mentioned in this act or by the
intermediate unit for area technical schools.
(2522 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2523. Schools Closed on Account of Contagious
Disease, etc.--When any board of school directors or
intermediate unit with respect to area technical schools is
compelled to close any school or schools on account of any
contagious disease, natural disaster or other emergency or for
the school year 1979-1980 on account of major construction or
renovation to a school building, not including labor disputes

involving school employes, and therefor is unable to keep such

school or schools open for the minimum term required by this
act, the Secretary of Education may pay to such school district
or intermediate unit any or all of its share of the annual State
appropriation as he deems proper.
(2523 amended June 30, 1980, P.L.279, No.80)
Section 2524. Penalty for Falsifying Reimbursement
Reports.--Any officer of any school district or intermediate
unit with respect to area technical schools who knowingly
falsifies any report or certificate required to be made for the
purpose of obtaining any reimbursement under the provisions of
this act shall be guilty of a misdemeanor and upon conviction
thereof shall be sentenced to pay a fine of not less than three
hundred dollars ($300), nor more than one thousand dollars
($1000), or undergo imprisonment for a term of not less than
one (1) month, nor more than six (6) months, or both, in the
discretion of the court.
(2524 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2525. Audio-Visual Libraries and Instructional
Materials Centers.--Annually, before the first day of July,
every intermediate unit, which operates or participates in the
operation of an audio-visual library and instructional materials
center, shall submit to the Department of Public Instruction a
report of the cost of operating or participating in the
operation of such audio-visual library and instructional
materials center.
Whenever funds become available from any source whatever for
the purpose of (1) making special grants to intermediate units
to operate or participate in the operation of audio-visual
libraries and instructional materials centers in accordance
with policies approved by the State Board of Education, or (2)
purchasing mobile units and/or portable exhibits for use in
connection with or independently of established audio-visual
libraries and instructional materials centers, or either of
them, the Department of Public Instruction may expend such funds
for such purpose or purposes in amounts to be determined by the
Department of Public Instruction in accordance with policies
approved by the State Board of Education. This section shall
not be construed to authorize the expenditure of any State funds
for such purposes unless specifically appropriated by the
General Assembly.
(2525 amended Jan. 14, 1970, 1969 P.L.468, No.192)
Section 2526. Reduction of Payments
Prohibited.--Notwithstanding any other provisions of this act,
no subsidy payments made pursuant to the provisions of this act
for the fiscal year 1981-1982 to any school district shall be
reduced because a school district permitted students to
matriculate to institutions of higher education prior to
graduation to avoid the financial constraints imposed on the
Social Security Insurance Program by section 2210 of the Omnibus
Reconciliation Act of August 13, 1981, P.L. 97-35, 95 Stat.
357.
(2526 added May 11, 1982, P.L.396, No.115)
Section 2526.1. Budget Stabilization Plan Progress
Report.--(a) A school district of the first class shall submit
a budget stabilization plan progress report to the Secretary
of Education and the Secretary of the Budget in a manner
prescribed by the Secretary of Education no later than October
15, 2007, for the period ending September 30, 2007, and no later
than January 15, 2008, for the period ending December 31, 2007.
(b) (1) The Secretary of Education shall approve a report
that demonstrates that planned cost reduction measures adopted

by a school district of the first class and resulting projected

savings included in a budget adopted by a school district of
the first class have occurred as scheduled or have been replaced
with substitute cost reduction measures that have generated
equal savings.
(2) In the case of a report deemed to be unsatisfactory,
the Secretary of Education shall disapprove the report and make
any necessary recommendations to a school district of the first
class.
(3) The Secretary of Education may withhold any State
appropriation that may become due to a school district of the
first class after the deadline for submitting a budget
stabilization plan progress report until such time as a budget
stabilization plan progress report is approved pursuant to this
subsection.
(c) The Secretary of Education shall provide a copy of any
budget stabilization plan progress report submitted by a school
district of the first class to the chairman and minority
chairman of the Appropriations Committee of the Senate, the
chairman and minority chairman of the Appropriations Committee
of the House of Representatives, the chairman and minority
chairman of the Education Committee of the Senate and the
chairman and the minority chairman of the Education Committee
of the House of Representatives.
(2526.1 added July 20, 2007, P.L.278, No.45)
(c)

Pupil Transportation.

Section 2541. Payments on Account of Pupil

Transportation.--(a) School districts shall be paid by the
Commonwealth for every school year on account of pupil
transportation which, and the means and contracts providing for
which, have been approved by the Department of Education, in
the cases hereinafter enumerated, an amount to be determined
by multiplying the cost of approved reimbursable pupil
transportation incurred by the district by the district's aid
ratio. In determining the formula for the cost of approved
reimbursable transportation, the Secretary of Education may
prescribe the methods of determining approved mileages and the
utilized passenger capacity of vehicles for reimbursement
purposes. For the school year 1998-1999 and each school year
thereafter, any school entity which contracts with one or more
school entities to provide pupil transportation services shall
be reimbursed in accordance with the formula specified by the
Department of Education for district-owned vehicles. In addition
thereto, the Commonwealth shall pay to each district qualifying
a payment for excessive cost of transportation, said amount to
be determined by subtracting from the cost of the approved
reimbursable transportation the sum of the Commonwealth
transportation payment immediately above, plus the product of
one-half mill (0.0005) times the latest market value of the
district as determined by the State Tax Equalization Board,
provided such amount is not negative. In addition thereto, the
Commonwealth shall pay to school districts which own their own
vehicles, an annual depreciation charge of ten per centum (10%),
to be calculated on the basis of the approved cost at which the
district acquired the vehicle for which depreciation is claimed.
With respect to vehicles purchased prior to January 1, 1956,
the number of depreciation payments shall be limited to ten
such payments. With respect to vehicles purchased on or after
January 1, 1956, the annual depreciation charge shall not exceed
seven hundred dollars ($700) for such vehicles. The number of

annual depreciation charges shall be limited, so that the total

amount of such payments shall not exceed the cost of the vehicle
as approved by the Department of Education at the time of the
purchase. In no case shall the Commonwealth pay, in depreciation
charges, more than ten thousand five hundred dollars ($10,500)
for any one vehicle. ((a) amended Dec. 21, 1998, P.L.1194,
No.154)
(b) Such payments for pupil transportation shall be made
in the following cases:
(1) To school districts of the fourth class and districts
of the third class which are located wholly within the boundary
lines of a township, or within the boundary lines of a borough
which has a population of less than five hundred (500)
inhabitants to the square mile, to districts of the third class
operating schools jointly with districts of the fourth class
or with other districts of the third class entitled to payment
on account of transportation to merged or union school districts
in which one or more of the component districts were heretofore
eligible for reimbursement on account of transportation to new
school districts composed of two or more former school districts
established as a result of reorganization of school districts
pursuant to Article II., subdivision (i) of this act and to
school districts which were eligible heretofore for
reimbursement on account of transportation, for the
transportation of elementary school pupils residing within any
part of the district last served by any elementary school closed
since the first Monday of July, one thousand nine hundred seven,
or within a district all of whose schools have been closed, or
who are assigned to a training school of a State college, and
in each case who reside one and one-half (1 1/2) miles or more
from the school to which they are assigned or who reside in
areas where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Department of Transportation. The Department
of Transportation shall take into account the presence of
sidewalks along the highway, but such presence or lack thereof
shall not be controlling and the department shall consider all
relevant safety factors in making its determination as to
whether or not walking constitutes a hazard to pupils.
(2) To school districts of the fourth class and districts
of the third class which are located wholly within the boundary
lines of a township, or within the boundary lines of a borough
which has a population of less than five hundred (500)
inhabitants to the square mile, to merged or union school
districts in which one or more of the component districts were
heretofore eligible for reimbursement on account of
transportation to new school districts composed of two or more
former school districts established as a result of
reorganization of school districts pursuant to Article II.,
subdivision (i) of this act and to school districts which were
eligible heretofore for reimbursement on account of
transportation, for the transportation of any child living more
than two (2) miles by the nearest public highway from the
nearest school in session, or any child who resides in an area
where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Bureau of Traffic Safety, and to districts of
the third class operating schools jointly with districts of the
fourth class or with other districts of the third class entitled
to payment on account of transportation for the transportation
of any child living more than two (2) miles by the nearest
public highway from the nearest jointly operated school in

session offering the proper grades including pupils who are

attending area technical schools or any child who resides in
an area where the road or traffic conditions are such that
walking constitutes a hazard to the safety of the child when
so certified by the Department of Transportation. The Department
of Transportation shall take into account the presence of
sidewalks along the highway, but such presence or lack thereof
shall not be controlling and the department shall consider all
relevant safety factors in making its determination as to
whether or not walking constitutes a hazard to pupils.
(3) To all school districts, for the transportation of
physically or mentally handicapped children regularly enrolled
in special classes approved by the Department of Education or
enrolled in a regular class in which approved educational
provisions are made for them.
(4) To all third and fourth class school districts, for
pupils transported to and from approved consolidated schools
or approved joint consolidated schools living one and one-half
miles or more from the school of attendance or residing in areas
where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Department of Transportation. The Department
of Transportation shall take into account the presence of
sidewalks along the highway, but such presence or lack thereof
shall not be controlling and the department shall consider all
relevant safety factors in making its determination as to
whether or not walking constitutes a hazard to pupils.
Consolidated schools or joint consolidated schools shall so
long as they are approved by the Secretary of Education as to
organization, control, location, equipment, courses of study,
qualifications of teachers, methods of instruction, condition
of admission, expenditures of money, methods and means of
transportation and the contracts providing therefor, constitute
approved consolidated schools or approved joint consolidated
schools.
(5) To all school districts, for pupils transported to and
from schools used for the purpose of better gradation.
(6) To all school districts for pupils transported to and
from area technical schools.
(7) To all school districts, for the transportation of
nonresident children who are placed in the home of a resident,
or who are inmates of an orphan asylum or home or a children's
home or other institution for the care and training of orphans
or other children, and who attend the public schools, and who
live two miles or more from the nearest school with the proper
grades or residing in areas where the road or traffic conditions
are such that walking constitutes a hazard to the safety of the
child when so certified by the Department of Transportation.
The Department of Transportation shall take into account the
presence of sidewalks along the highway, but such presence or
lack thereof shall not be controlling and the department shall
consider all relevant safety factors in making its determination
as to whether or not walking constitutes a hazard to pupils.
(c) Payments for pupil transportation on account of the
school year 1979-1980 and every school year thereafter shall
be made only in the following cases:
(1) To all school districts for the transportation to and
from school of elementary school pupils, including kindergarten
pupils, residing one and one-half (1 1/2) miles or more by the
nearest public highway from the school in which the pupils are
enrolled and to which transportation is authorized under section
1361 of this act or residing in areas where the road or traffic

conditions are such that walking constitutes a hazard to the

safety of the child when so certified by the Department of
Transportation. The Department of Transportation shall take
into account the presence of sidewalks along the highway, but
such presence or lack thereof shall not be controlling and the
department shall consider all relevant safety factors in making
its determination as to whether or not walking constitutes a
hazard to pupils. Such elementary school pupils shall include
nonresident children who are placed in the home of a resident,
or who are residents of an orphanage, or home or children's
home or other institution for the care and training of orphans
or other children.
(2) To all school districts for the transportation to and
from school of secondary school pupils residing two (2) miles
or more by the nearest public highway from the school in which
the pupils are enrolled and to which transportation is
authorized under section 1361 of this act or residing in areas
where the road or traffic conditions are such that walking
constitutes a hazard to the safety of the child when so
certified by the Department of Transportation. The Department
of Transportation shall take into account the presence of
sidewalks along the highway, but such presence or lack thereof
shall not be controlling and the department shall consider all
relevant safety factors in making its determination as to
whether or not walking constitutes a hazard to pupils. Such
secondary school pupils shall include nonresident children who
are placed in the home of a resident, or who are inmates of an
orphan asylum or home or children's home or other institution
for the care and training of orphans or other children.
(3) To all school districts for pupils transported to and
from approved consolidated schools or approved joint
consolidated schools living one and one-half (1 1/2) miles or
more from the school of attendance or residing in areas where
the road or traffic conditions are such that walking constitutes
a hazard to the safety of the child when so certified by the
Department of Transportation. The Department of Transportation
shall take into account the presence of sidewalks along the
highway, but such presence or lack thereof shall not be
controlling and the department shall consider all relevant
safety factors in making its determination as to whether or not
walking constitutes a hazard to pupils.
Consolidated schools or joint consolidated schools shall so
long as they are approved as to organization, control, location,
equipment, courses of study, qualifications of teachers, methods
of instruction, condition of admission, expenditures of money,
methods and means of transportation and the contracts providing
therefor, constitute approved consolidated schools or approved
joint consolidated schools.
(4) To all school districts for the transportation of
exceptional children regularly enrolled in special classes
approved by the Department of Education or enrolled in a regular
class in which approved educational provisions are made for
them.
(5) To all school districts for pupils transported to and
from area technical schools.
(d) The Commonwealth shall reimburse the school districts
for the school year 1973-1974 and for each year thereafter for
the approved reimbursable costs incurred in providing
transportation under section 1361 for nonpublic school pupils
and under section 1362 for hazardous conditions: Provided,
however, That no district shall receive less than fifty percent
(50%) of such approved reimbursable costs.

(e) School districts and intermediate units that provide

transportation for any eligible young child as defined in
section 2509.11 shall receive payments for this expense from
funds appropriated under this section and section 2509.1. ((e)
added June 25, 1997, P.L.297, No.30)
(f) Effective for the 2007-2008 school year, any school
district that is required to transport resident students of a
distressed school district pursuant to section 1607(b) shall
be reimbursed by the Commonwealth the additional sum of three
hundred eighty-five dollars ($385) for each student reassigned
to a school district designated pursuant to section 1607. ((f)
amended June 30, 2011, P.L.112, No.24)
(2541 amended Nov. 20, 1979, P.L.465, No.97)
Section 2542. Board and Lodging in Lieu of
Transportation.--In any case where the Commonwealth is required
to reimburse any school district on account of pupil
transportation and the school district, in lieu of such
transportation, is authorized to and does pay for suitable board
and lodging for any pupil, the Commonwealth shall pay to the
school district an amount to be determined by multiplying the
cost of such board and lodging by the districts aid ratio:
Provided, that in no case shall the Commonwealth's share of the
cost exceed one dollar ($1) per day per pupil for the actual
number of days such pupil is in attendance at school, not
exceeding five (5) days in any one week.
(2542 amended Feb. 1, 1966, 1965 P.L.1642, No.580)
Section 2543. Sworn Statement of Amount Expended for
Reimbursable Transportation; Payment; Withholding.-- Annually,
each school district entitled to reimbursement on account of
pupil transportation shall provide in a format prescribed by
the Secretary of Education, data pertaining to pupil
transportation for the prior and current school year. Districts
will receive a payment in August equal to ten percent (10%) of
the transportation subsidy paid to that school district in the
prior year. An additional twenty percent (20%) payment will be
provided in the month following receipt of the prior year's
data. A twenty-five percent (25%) payment will be forwarded in
December to all school districts that have provided current
year data. A payment in March will be calculated by totaling
all current year transportation payments and subtracting that
total from an amount equal to eighty percent (80%) of the
projected total transportation reimbursement for the current
year. The final payment will occur in June and be calculated
by subtracting the total of the first four payments, and any
other transportation subsidy adjustments necessary, from the
actual current year's total transportation reimbursement. The
Department of Education may, for cause specified by it, withhold
such reimbursement, in any given case, permanently, or until
the school district has complied with the law or regulations
of the State Board of Education.
(2543 amended Aug. 5, 1991, P.L.219, No.25)
(d)

All Appropriations.

Section 2551. Unused Appropriations.--At the end of any

year, any balance of the State appropriation remaining on hand
through forfeiture, or otherwise, shall be added to the State
appropriation made up for the ensuing year.
Section 2552. Withholding State Appropriations.--It shall
be the duty of the Superintendent of Public Instruction to
withhold the payment of all money due any school district out
of any appropriation made by the Commonwealth for any purpose,

until all reports required by law and due at such time have
been filed either with the Department of Public Instruction or
other proper authority, whether or not such reports have any
bearing on the right to such payment, and until all the school
district's records bearing on its rights to reimbursements have
been submitted on such uniform forms and in such manner as shall
be prescribed by the department. At his discretion, he may, in
like manner, withhold any or all appropriations from any
district failing or refusing to comply with the laws and
regulations of any department of the government of this
Commonwealth for preserving the health or safety of pupils
enrolled in the public schools.
(2552 amended July 13, 1957, P.L.897, No.396)
Section 2552.1. Effect of Failure to File Reports.--(a)
The Department of Education shall order the forfeiture of three
hundred dollars ($300) per day by a school district, charter
school, cyber charter school, area vocational-technical school
or intermediate unit that does not submit its annual budget to
the Department of Education within thirty (30) days of the
submittal date established by the Department of Education. The
forfeiture shall continue until a report and annual budget that
meet established criteria are submitted. The Department of
Education shall deduct the amount of the forfeiture from any
and all State payments made to the school district, charter
school, cyber charter school, area vocational-technical school
or intermediate unit. ((a) amended Nov. 17, 2010, P.L.996,
No.104)
(a.1) (1) The Department of Education shall order the
following forfeitures against a school district, charter school,
cyber charter school, area vocational-technical school or
intermediate unit that does not submit its annual financial
report to the Department of Education within thirty (30) days
of the submittal date established under sections 218 and 921-A:
(i) Three hundred dollars ($300) per day for the first
violation.
(ii) Five hundred dollars ($500) per day for the second or
subsequent violations.
(2) The forfeiture shall continue until a report that meets
established criteria is submitted. The Department of Education
shall deduct the amount of the forfeiture from any and all State
payments made to the school district, charter school, cyber
charter school, area vocational-technical school or intermediate
unit.
((a.1) added Nov. 17, 2010, P.L.996, No.104)
(b) The Department of Education shall order the forfeiture
of three hundred dollars ($300) per day by a school district,
charter school, area vocational-technical school or intermediate
unit that does not submit its pupil membership/child accounting
reports within thirty (30) days of the submittal date
established by the Department of Education. The forfeiture shall
continue until a report that meets established criteria is
submitted. The Department of Education shall deduct the amount
of the forfeiture from any and all State payments made to the
school district, charter school, area vocational-technical
school or intermediate unit.
(c) The Secretary of Education may waive the forfeiture
requirements under subsection (a) or (b) if the Secretary of
Education is satisfied that extenuating circumstances exist.
(d) In addition to the forfeiture provided under subsections
(a) and (b) and notwithstanding any other provision of law to
the contrary, the Department of Education may initiate the
following professional disciplinary actions against a chief

school administrator in accordance with the provisions and

procedures set forth in the act of December 12, 1973 (P.L.397,
No.141), known as the "Professional Educator Discipline Act,"
for failure to submit the annual financial report and annual
budget or pupil membership/child accounting reports within sixty
(60) days of the submittal date established by the Department
of Education:
(1) Action to suspend for a period of one year the letter
of eligibility of a superintendent for the first violation of
this subsection.
(2) Action to suspend for a period of one year or revoke
the letter of eligibility of a superintendent for the second
or subsequent violation of this subsection.
(3) Action to suspend for a period of one year the relevant
administrative certificate held by a chief school administrator
of a school entity, as the term "school entity" is defined by
the "Professional Educator Discipline Act," for the first
violation of this subsection.
(4) Action to suspend for a period of one year or revoke
the relevant administrative certificate held by a chief school
administrator of a school entity, as the term "school entity"
is defined by the "Professional Educator Discipline Act," for
the second or subsequent violation of this subsection.
(5) In the event that the chief school administrator is not
certified/certificated, action to prohibit the individual from
being employed in a similar position, including the temporary
rescission of any letters of eligibility or waivers to hold
such position, for a period of one year for the first violation
of this subsection.
(6) In the event that the chief school administrator is not
certified/certificated, action to prohibit the individual from
being employed in a similar position, including rescission of
any letters of eligibility or waivers to hold such position,
or temporary rescission of any letters of eligibility or waivers
to hold such position for a period of one year, for the second
or subsequent violation of this subsection.
(2552.1 added July 13, 2005, P.L.226, No.46)
Compiler's Note: Section 24 of Act 104 of 2010, which
amended subsec. (a), provided that any regulations that
are inconsistent with Act 104 are hereby abrogated to
the extent of the inconsistency.
Section 2553. Audits and Verifications of Rights to
Reimbursements.--The comptroller of the Department of Public
Instruction shall perform regular audits and field audits and,
in his discretion, may perform special audits and field audits
of accounts of all school districts, examining all records of
receipts and expenditures and such facilities, supplies and
materials as may be necessary to verify records of receipts and
expenditures, and shall examine and verify allocations of
receipts and expenditures among and within programs and
reimbursement accounts. The department shall require each school
district to submit to the department all of its records bearing
on its rights to reimbursements on uniform forms prescribed by
the department, and the department shall require each school
district to make available all pertinent records and supporting
data or materials to the comptroller.
(2553 added July 13, 1957, P.L.897, No.396)
(e)

Reimbursements Between School Districts.

Section 2561. Tuition Charges for Pupils of Other

Districts.--A school district or vocational school district
receiving elementary or high school pupils or vocational or
other extension education pupils who are residents of another
school district or another vocational school district shall
compute the tuition charges as follows:
(1) General. Add the salaries of secretaries, treasurers,
auditors, superintendents, the cost of library books, the
salaries of librarians, lectures, health, medical, nurse and
dental services, the wages of janitors, and other comparable
employes, the cost of fuel, water, light and power, telephone
rentals and tolls, the cost of maintenance of school plant,
including ordinary repairs, but not including alterations or
remodeling, the cost of care of school grounds, premiums on
fire and workmen's compensation insurance, the cost of
attendance at teachers' institutes, and the district's
contribution to the retirement fund and social security
contribution fund on behalf of the above listed employes
incurred for the school year immediately preceding, and divide
the sum so obtained by the total number of pupils in average
daily membership in the receiving district's public schools
during the school year immediately preceding. The quotient so
obtained shall be designated the "overhead cost per pupil."
(2) Elementary Tuition Charge. Add the salaries of
supervisors, principals, clerks, assistants and teachers
employed in the receiving district's elementary schools, the
district's contribution to the retirement fund and social
security contribution fund on behalf of teachers, supervisors
and principals employed in the district's elementary schools,
the cost of textbooks, and supplies of the second class used
in the district's elementary schools incurred for the school
year immediately preceding, and divide the sum so obtained by
the total number of pupils in average daily membership in the
receiving district's elementary schools during the school year
immediately preceding. The quotient so obtained shall be
designated as the "instruction cost per elementary pupil." Add
to the instruction cost per elementary pupil, the overhead cost
per pupil and a rental charge of eight dollars ($8) per pupil
for the use of the receiving district's school plant. For the
school years 1952-1953 and 1953-1954 only, but not thereafter,
deduct from the amount so obtained the per pupil State
appropriation on account of elementary school teaching units.
The cost so determined shall be the "tuition charge per
elementary pupil."
(3) High School Tuition Charge. Add the salaries of
supervisors, principals, clerks, assistants and teachers
employed in the receiving district's high schools, the
district's contribution to the retirement fund and social
security contribution fund on behalf of teachers, supervisors
and principals employed in the district's high schools, the
cost of textbooks and supplies of the second class used in the
district's high schools incurred for the school year immediately
preceding, and divide the sum so obtained by the total number
of pupils in average daily membership in the receiving
district's high schools during the school year immediately
preceding. The quotient so obtained shall be designated as the
"instruction cost per high school pupil." Add to the instruction
cost per high school pupil the overhead cost per pupil and a
rental charge of eighteen dollars ($18) per pupil for the use
of the receiving district's school plant. For the school years
1952-1953 and 1953-1954 only, but not thereafter, deduct from
the amount so obtained the per pupil State appropriation on

account of high school teaching units. The cost so determined

shall be the "tuition charge per high school pupil." Upon the
request of the receiving district, the "tuition charge per high
school pupil" shall be computed separately for pupils attending
junior high school and pupils attending senior high school.
((3) amended July 25, 1963, P.L.281, No.151)
(4) Vocational or Other Extension Tuition Charge. Add the
salaries of administrators, supervisors, instructors, clerks
and custodians specifically employed in the school district's
or vocational school district's annual program of Vocational
or other Extension Education, the cost of textbooks, and
supplies of the second class issued for the program incurred
for the school year immediately preceding. A charge of five
cents (.05) per pupil hour of instruction for the district
overhead and plant usage. Subtract from the sum so obtained the
amount of State appropriation applicable. The remainder shall
be designated as the "district cost for vocational or other
extension education." Determine the total pupil hours of
instruction during the school year immediately preceding, divide
the "district cost for vocational or other extension education"
by the total pupil hours of instruction. The cost so determined
shall be the "vocational or other extension tuition charge per
pupil hour of instruction.
(5) A school district shall compute the tuition charges for
pupils who are residents of another school district for
budgetary purposes at the beginning of each school year, and
shall use the expenses of the next preceding school year as a
basis for such computation. At the end of each school year, the
tuition charges shall again be computed and be based on the
actual expenses for the school year immediately preceding and
the tuition charges for non-resident pupils shall then be
adjusted in accordance with this latter computation. The school
district in which the non-resident pupil is a legal resident
shall pay the tuition charges in accordance with the computation
based upon these actual expenses. ((5) amended June 25, 1997,
P.L.297, No.30)
(6) When the public school district administers and delivers
the educational services required by this act to a child
referred to an institution, pursuant to a proceeding under 42
Pa.C.S. Ch. 63 (relating to juvenile matters), at the
institution itself, the tuition to be charged to the district
of residence of such child shall be one and one-half times the
amount determined in accordance with clauses (1) through (5),
but not to exceed the actual cost of the educational services
provided to such child. ((6) added Dec. 17, 1982, P.L.1378,
No.316)
(7) Special Education Tuition Charge. When the receiving
district voluntarily receives exceptional children, the
receiving district and sending district may agree that the
sending district will pay a special education charge in addition
to the applicable tuition charge. Such special education charge
shall be an amount as determined by the two school districts.
((7) added June 7, 1993, P.L.49, No.16)
(8) Charter School Tuition Charge. When a charter school
established pursuant to Article XVII-A enrolls any eligible
student in an approved private school pursuant to section 1376,
its "tuition charge per elementary pupil" or its "tuition charge
per secondary pupil" shall be calculated in accordance with
clauses (1) through (3). ((8) added June 22, 2001, P.L.530,
No.35)
(2561 amended Sept. 11, 1959, P.L.873, No.348)

Section 2562. Payments by Districts for Pupils Attending

in Other Districts.--For each elementary or high school pupil
attending a public school of another district, the receiving
district shall bill the sending district, and the sending
district shall pay the amount of the tuition charge per
elementary pupil, or the tuition charge per high school pupil,
as the case may be. In the case of pupils attending the
receiving district's public schools for less than a full school
term, the tuition charge per elementary or high school pupil
shall be prorated by reference to the period of time over which
such pupils actually attended the receiving district's schools.
For each vocational or other extension education pupil
attending an extension class of another district, the receiving
district shall bill the sending district if the attendance is
previously approved by the sending district and the sending
district shall pay the vocational or other extension tuition
charge per pupil hour of instruction for each hour of attendance
of each such pupil.
Nothing herein shall prohibit the payment of a tuition for
vocational or other extension pupils by a non-resident adult
pupil sponsoring agency or employer.
(2562 amended May 29, 1951, P.L.438, No.104)
Section 2563. Certification of Pupils Admitted from Other
Districts; Monthly Payments.--The board of school directors in
any school district or the board of directors of vocational
schools in any vocational school district maintaining an
elementary school or a high school or an extension class which
is attended by any pupils residing in another district shall,
upon admission of such pupils, properly certify to the board
of school directors of the school district in which such pupils
reside, the names of all such pupils and whether they are
attending an elementary school or a high school or an extension
class, together with a statement of the tuition charge per
elementary pupil and the tuition charge per high school pupil
and the vocational or other extension tuition charge per pupil
hour of instruction. All such tuition charges shall be paid
monthly to the school district or the vocational school district
maintaining such elementary school or high school by the school
district to which the same was certified.
(2563 amended May 14, 1949, P.L.1365, No.408)
Section 2564. Deductions from State Appropriations.--If any
school district wherein a pupil resides, who is entitled by law
to attend an elementary school or a high school or an extension
class for which extension class tuition has been approved by
the sending district in another district, neglects or refuses
to pay any such tuition charge, or sewer charge or sewer rental,
the Superintendent of Public Instruction is authorized to deduct
from any moneys due any such district out of any State
appropriation, the amount due from such district to the district
where the pupil attends and pay over said sum to the district
entitled thereto.
(2564 amended May 29, 1951, P.L.438, No.104)
Section 2565. Sewer Charge or Rental, Districts Fourth
Class.--When any school district of the fourth class receiving
pupils from other districts is required by the city, borough
or township within which its school building or buildings are
located, or any municipality authority operating therein, to
pay a service charge for sewer connection or a sewer rental
measured by the number of pupils attending such school or
schools, such receiving district shall include in its bill for
tuition charge to each sending district, and the sending
district shall pay, the amount of such per pupil sewer service

charge or sewer rental for each pupil sent by the sending

district. Such charge shall be in addition to the tuition charge
provided for by section two thousand five hundred sixty-two of
the act to which this is an amendment. In cases where pupils
are sent and the tuition charges paid by the parents or other
persons to such receiving districts, the parents or other
persons shall pay such per pupil sewer charge or sewer rental.
(2565 added Apr. 21, 1949, P.L.678, No.158)
(f)

School Building Rentals and

Sinking Fund Charges.
(Hdg. added Mar. 22, 1956, 1955 P.L.1315, No.417)
Section 2571. Standard Reimbursement Fraction for School
Building Rentals and Sinking Fund Charges.--(2571 repealed July
13, 1957, P.L.864, No.391)
Section 2572. State Public School Building Authority and
Municipality Authority and Nonprofit Corporation Leases
Heretofore Approved.--(a) The Commonwealth shall pay annually
to each school district erecting or sharing in the erection of
a building or buildings or providing educational equipment under
the provisions of the State Public School Building Authority
Act for every lease or contract entered into or approved by the
Superintendent of Public Instruction prior to August 26, 1953,
and to each school district which shall have entered into a
lease approved by the Department of Public Instruction prior
to August 26, 1953, with a municipality authority or with a
non-profit corporation, for the rental of a school building or
buildings or providing educational equipment, an amount to be
determined by multiplying the school district's capital account
reimbursement fraction computed for the year 1967 or aid ratio
whichever is larger by the annual rental charge as fixed by the
State Public School Building Authority, or by the annual rental
or share thereof provided for under its lease with such
municipality authority or non-profit corporation, as the case
may be.
(b) The Commonwealth shall pay annually to each school
district erecting or sharing in the erection of a building or
buildings under the provisions of the State Public School
Building Authority Act for every lease approved by the
Department of Public Instruction on or after August 26, 1953,
but prior to March 22, 1956, and to each school district which
shall have entered into a lease approved by the Department of
Public Instruction on or after August 26, 1953, but prior to
March 22, 1956, with a municipality authority or with a
non-profit corporation for the rental of a school building or
buildings, an amount to be determined by multiplying the school
district's capital account reimbursement fraction computed for
the year 1967 or aid ratio whichever is larger by that portion
of the annual rental charge or share thereof provided for under
its lease with the State Public School Building Authority or
municipality authority or non-profit corporation, as the case
may be, sufficient during the period of the lease to pay the
cost of acquiring or constructing the school buildings, the
cost of acquiring the land upon which the school buildings are
situate and the interest on such cost.
(2572 amended June 12, 1968, P.L.192, No.96)
Section 2573. Municipality Authority and Nonprofit
Corporation Leases Heretofore Approved.--(2573 repealed July
13, 1957, P.L.864, No.391)
Section 2574. Approved Reimbursable Rental for Leases
Hereafter Approved and Approved Reimbursable Sinking Fund

Charges on Indebtedness.--(a) For school building projects for

which the general construction contract is awarded subsequent
to March 22, 1956, and for approved school building projects
for which the general construction contract was awarded but for
which a lease was not approved by the Department of Education
prior to March 22, 1956, the Department of Education shall
calculate an approved reimbursable rental or approved
reimbursable sinking fund charges. Reimbursable sinking fund
charges may include charges for temporary indebtedness within
constitutional limitations, if the indebtedness is incurred for
approved permanent improvements to the school plant including
the cost of acquiring a suitable site for a school building,
the cost of constructing a new school building, or the cost of
providing needed additions or alterations to existing buildings
for which no bond issue is provided and for which an approved
obligation or obligations other than bonds have been issued and
the obligation or obligations are payable within five (5) years
from the date of issue of the obligation in equal annual
installments.
Nothing in this section or in the Department of Education
guidelines shall prohibit a school district from receiving
reimbursement for approved building improvements, including the
cost of acquiring a suitable site for a school building, the
cost of constructing a new school building or the cost of
providing needed additions or alterations to existing buildings,
if a school district elects not to remove any relocatable or
modular classroom utilized after the completion of a building
project. The term "relocatable or modular classroom" shall mean
a classroom not of a permanent nature which meets the criteria
and specifications of the Department of Education.
Approved reimbursable rental or sinking fund charge shall
consist of that part of the annual rental or sinking fund charge
attributable to-(1) The cost of acquiring the land upon which the school
buildings are situate, the cost of necessary rough grading to
permit proper placement of the building upon said land and the
cost of sewage treatment plants, as required by the Department
of Health, to the extent that such costs are deemed reasonable
by the Department of Education and the interest on such costs
of acquisition, grading and sewage treatment plants earned
subsequent to date the construction contract is awarded, and
(2) The approved building construction cost and the interest
on such construction cost.
((a) amended June 30, 2012, P.L.684, No.82)
(b) For new school buildings the approved building
construction cost shall be the lesser of
(1) The cost of constructing the school buildings including
the cost of essential fixtures and equipment but excluding
architect's fees in excess of six per cent (6%) of the contract
price, or
(2) The product of the rated pupil capacity as determined
by the Department of Public Instruction at the time the project
is approved and (i) one thousand one hundred dollars ($1100)
in the case of elementary schools, (ii) one thousand seven
hundred dollars ($1700) in the case of secondary schools, (iii)
an amount in the case of combined elementary-secondary schools
obtained by multiplying the rated elementary pupil capacity by
one thousand one hundred dollars ($1100) and the rated secondary
pupil capacity by one thousand seven hundred dollars ($1700)
and dividing the sum by the total rated pupil capacity.
(3) The provisions of clause (2) of subsection (b) hereof
shall apply to all school building projects for which the

general construction contract is awarded prior to July 1, 1966,

and for approved school building projects for which a lease was
approved by the Department of Public Instruction prior to July
1, 1966. For school buildings for which the general construction
contract is awarded subsequent to July 1, 1966 and for approved
school building projects for which the general construction
contract was awarded but for which a lease was not approved by
the Department of Public Instruction prior to July 1, 1966, the
product of the rated pupil capacity as determined by the
Department of Public Instruction at the time the project is
approved and (i) two thousand three hundred dollars ($2300) in
the case of elementary schools, (ii) three thousand dollars
($3000) in the case of secondary schools, (iii) an amount in
the case of combined elementary-secondary schools obtained by
multiplying the rated elementary pupil capacity by two thousand
three hundred dollars ($2300) and the rated secondary pupil
capacity by three thousand dollars ($3000) and dividing the sum
by the total rated pupil capacity. ((3) amended June 12, 1968,
P.L.192, No.96)
(3.1) For school buildings for which the general
construction contract is awarded subsequent to July 1, 1984,
and for approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to July 1, 1984, the product of
the rated pupil capacity as determined by the Department of
Education at the time the project is approved and (i) three
thousand nine hundred dollars ($3,900) in the case of elementary
schools, (ii) five thousand one hundred dollars ($5,100) in the
case of secondary schools, (iii) an amount in the case of
combined elementary-secondary schools obtained by multiplying
the rated elementary pupil capacity by three thousand nine
hundred dollars ($3,900) and the rated secondary pupil capacity
by five thousand one hundred dollars ($5,100) and dividing the
sum by the total rated pupil capacity. ((3.1) added July 10,
1987, P.L.286, No.50)
(4) For school buildings for which the general construction
contract is awarded subsequent to January 1, 2005, and for
approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to January 1, 2005, the product
of the rated pupil capacity as determined by the Department of
Education at the time the project is approved and (i) four
thousand seven hundred dollars ($4,700) in the case of
elementary schools, (ii) six thousand two hundred dollars
($6,200) in the case of secondary schools, (iii) an amount in
the case of combined elementary-secondary schools obtained by
multiplying the rated elementary pupil capacity by four thousand
seven hundred dollars ($4,700) and the rated secondary pupil
capacity by six thousand two hundred dollars ($6,200) and
dividing the sum by the total rated pupil capacity. ((4) added
July 13, 2005, P.L.226, No.46)
(b.1) For school buildings constructed and based on an
approved school facility design received from the Department
of Education's school facility design clearinghouse, for which
the general construction contract is awarded subsequent to
January 1, 2005, and for approved school building projects for
which the general construction contract was awarded but for
which a lease or general obligation bond resolution was not
approved by the Department of Education prior to January 1,
2005, the approved building construction cost shall additionally

include the product of the rated pupil capacity as determined

by the Department of Education at the time the project is
approved and (i) four hundred seventy dollars ($470) in the
case of elementary schools, (ii) six hundred twenty dollars
($620) in the case of secondary schools, (iii) an amount in the
case of combined elementary-secondary schools obtained by
multiplying the rated elementary pupil capacity by four hundred
seventy dollars ($470) and the rated secondary pupil capacity
by six hundred twenty dollars ($620) and dividing the sum by
the total rated pupil capacity. ((b.1) added July 13, 2005,
P.L.226, No.46)
(c) For additions or alterations to existing buildings
approved building construction cost shall be the lesser of
(1) The cost of constructing the additions or alterations
including the cost of essential fixtures and equipment but
excluding architect's fees in excess of six per cent (6%) of
the contract price, or
(2) The difference obtained by subtracting the appraisal
value of the existing building from the product of rated pupil
capacity of the altered or expanded building as determined by
the Department of Public Instruction at the time the project
is approved and (i) one thousand one hundred dollars ($1100)
in the case of elementary schools, (ii) one thousand seven
hundred dollars ($1700) in the case of secondary schools, (iii)
an amount in the case of combined elementary-secondary schools
obtained by multiplying the rated elementary pupil capacity of
the altered or expanded building by one thousand one hundred
dollars ($1100) and the rated secondary pupil capacity of the
altered or expanded building by one thousand seven hundred
dollars ($1700) and dividing the sum by the total rated pupil
capacity of the altered or expanded building.
Appraisal value shall be the valuation made immediately
before the additions or alterations are begun by three competent
appraisers, one appointed by the school authorities, one by the
Superintendent of Public Instruction, and the third by the other
two.
(3) The provisions of clause (2) of subsection (c) hereof
shall apply to all school building projects for which the
general construction contract is awarded prior to July 1, 1966
and for approved school building projects for which a lease was
approved by the Department of Public Instruction prior to July
1, 1966. For school buildings for which the general construction
contract is awarded subsequent to July 1, 1966 and for approved
school building projects for which the general construction
contract was awarded but for which a lease was not approved by
the Department of Public Instruction prior to July 1, 1966, the
difference obtained by subtracting the appraisal value of the
existing building from the product of rated pupil capacity of
the altered or expanded building as determined by the Department
of Public Instruction at the time the project is approved and
(i) two thousand three hundred dollars ($2300) in the case of
elementary schools, (ii) three thousand dollars ($3000) in the
case of secondary schools, (iii) an amount in the case of
combined elementary-secondary schools obtained by multiplying
the rated elementary pupil capacity of the altered or expanded
building by two thousand three hundred dollars ($2300) and the
rated secondary pupil capacity of the altered or expanded
building by three thousand dollars ($3000) and dividing the sum
by the total rated pupil capacity of the altered or expanded
building.
Appraisal value shall be the valuation made immediately
before the additions or alterations are begun by three competent

appraisers, one appointed by the school authorities, one by the

Superintendent of Public Instruction, and the third by the other
two.
((3) amended June 12, 1968, P.L.192, No.96)
(3.1) For school buildings for which the general
construction contract is awarded subsequent to July 1, 1984,
and for approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to July 1, 1984, the difference
obtained by subtracting the appraisal value of the existing
building from the product of the rated pupil capacity of the
altered or expanded building as determined by the Department
of Education at the time the project is approved and (i) three
thousand nine hundred dollars ($3,900) in the case of elementary
schools, (ii) five thousand one hundred dollars ($5,100) in the
case of secondary schools, (iii) an amount in the case of
combined elementary-secondary schools obtained by multiplying
the rated elementary pupil capacity by three thousand nine
hundred dollars ($3,900) and the rated secondary pupil capacity
by five thousand one hundred dollars ($5,100) and dividing the
sum by the total rated pupil capacity of the altered or expanded
building. ((3.1) added July 10, 1987, P.L.286, No.50)
(4) For school buildings for which the general construction
contract is awarded subsequent to January 1, 2005, and for
approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to January 1, 2005, the difference
obtained by subtracting the appraisal value of the existing
building from the product of the rated pupil capacity of the
altered or expanded building as determined by the Department
of Education at the time the project is approved and (i) four
thousand seven hundred dollars ($4,700) in the case of
elementary schools, (ii) six thousand two hundred dollars
($6,200) in the case of secondary schools, (iii) an amount in
the case of combined elementary-secondary schools obtained by
multiplying the rated elementary pupil capacity by four thousand
seven hundred dollars ($4,700) and the rated secondary pupil
capacity by six thousand two hundred dollars ($6,200) and
dividing the sum by the total rated pupil capacity of the
altered or expanded building. ((4) added July 13, 2005, P.L.226,
No.46)
(c.1) If the Commonwealth makes any payment under section
2575.1 of this act on account of a preliminary payment by a
school district on the approved building construction cost, the
amount of the preliminary payments by the school district shall
be subtracted from the amount of the approved building
construction cost for the purpose of calculating the approved
reimbursable rental on projects undertaken pursuant to sections
783, 790 or 791 of this act. ((c.1) amended Sept. 12, 1961,
P.L.1268, No.555)
(c.2) If the Commonwealth makes a payment of fifty per cent
(50%) under section 2574.1 of this act on account of the
approved cost of the acquisition of a site for a school
building, the amount payable under this section on account of
the approved cost of site acquisition shall be reduced by fifty
per cent 50%. ((c.2) added Sept. 12, 1961, P.L.1268, No.555)
(c.3) For school buildings for which the general
construction contract is awarded on or after January 1, 2005,
and for approved school building projects for which the general
construction contract was awarded but for which a lease or

general obligation bond resolution was not approved by the

Department of Education prior to January 1, 2005, and where the
general construction contract alters or adds to an existing
school building, the approved building construction cost shall
additionally include the difference obtained by subtracting the
appraisal value of the existing building from the product of
the rated pupil capacity of the altered or expanded building
as determined by the Department of Education at the time the
project is approved and (i) four hundred seventy dollars ($470)
in the case of elementary schools, (ii) six hundred twenty
dollars ($620) in the case of secondary schools, (iii) an amount
in the case of combined elementary-secondary schools obtained
by multiplying the rated elementary pupil capacity by four
hundred seventy dollars ($470) and the rated secondary pupil
capacity by six hundred twenty dollars ($620) and dividing the
sum by the total rated pupil capacity. ((c.3) added July 13,
2005, P.L.226, No.46)
(c.4) For school buildings for which the general
construction contract is awarded on or after January 1, 2005,
and for approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to January 1, 2005, and where the
school building receives a silver, gold or platinum
certification from the United States Green Building Council's
Leadership in Energy and Environmental Design Green Building
Rating System or two, three or four Globes under the Green
Building Initiative's Green Globes Green Building Rating System
on or after January 1, 2005, the Department of Education shall
adjust the approved building construction cost to additionally
include the product of the rated pupil capacity as determined
by the Department of Education at the time the project is
approved and (i) four hundred seventy dollars ($470) in the
case of elementary schools, (ii) six hundred twenty dollars
($620) in the case of secondary schools, (iii) an amount in the
case of combined elementary-secondary schools obtained by
multiplying the rated elementary pupil capacity by four hundred
seventy dollars ($470) and the rated secondary pupil capacity
by six hundred twenty dollars ($620) and dividing the sum by
the total rated pupil capacity. The Department of Education in
consultation with the Governor's Green Government Council shall
issue guidelines to carry out this section. ((c.4) amended July
11, 2006, P.L.1092, No.114)
(c.5) Reimbursement for an approved school construction
project shall not exceed total project costs. ((c.5) added July
13, 2005, P.L.226, No.46)
(c.6) If a school district receives reimbursement for a
school construction project under this section, the school
district, upon request by the Department of Education, shall
do all of the following:
(i) Provide information required by the department to
determine whether the school construction project meets criteria
established by the department for certification as an approved
school facility design for purposes of the department's school
facility design clearinghouse.
(ii) Authorize the department, in its discretion, to certify
the school construction project as an approved school facility
design and to include information about the certified project
in the department's school facility design clearinghouse.
((c.6) added July 11, 2006, P.L.1092, No.114)
(d) For purposes of calculating the amount of rental
reimbursement the approved reimbursable rental for a school

project constructed for two or more school districts shall

annually be apportioned among the participating districts on
the basis of the proportion which the valuation of each district
as certified by the state tax equalization board during the
preceding school year bears to the total valuation of all
participating districts. In special cases where the best
interests of the Commonwealth and of the school districts will
be better served by permitting the districts to establish for
themselves some method other than market valuation as the basis
for determining their respective shares of the annual lease
rental, the Superintendent of Public Instruction may issue a
special order approving such method of sharing the rental and
authorizing that the rental reimbursement for that particular
project shall be calculated on the basis of the proportionate
share of rental actually paid by each district. ((d) amended
Nov. 30, 1959, P.L.1601, No.579)
(e) For area vocational-technical school and technical
institute projects leased subsequent to July 1, 1964, by or for
lease to a board of school directors authorized to operate such
a school, the Department of Education shall calculate an
approved reimbursable rental charge.
For area vocational-technical school and technical institute
projects constructed or purchased subsequent to July 1, 1964,
by a board of school directors authorized to operate such a
school, the Department of Education may calculate an approved
reimbursable sinking fund charge.
Approved reimbursable rental or sinking fund charge shall
consist of that part of the annual rental or sinking fund
attributable to:
(1) Cost of acquiring land and preparing it for use to the
extent that such costs are deemed reasonable by the Department
of Education and the interest on such cost of acquisition, cost
of preparation and the cost of sewage treatment and the interest
on such cost.
(2) Machinery, apparatus, furniture and equipment and all
other necessary expenses and interest charges, but excluding
architects' fees in excess of six percent of the construction
cost.
The approved building construction cost and the interest on
such construction cost shall not exceed the product of the rated
full-time pupil capacity, as determined by the Department of
Education at the time the project is approved and two thousand
two hundred dollars ($2,200).
The provisions of the foregoing paragraph shall apply to all
school building projects for which the general construction
contract is awarded prior to July 1, 1966, and for approved
school building projects for which a lease was approved by the
Department of Education prior to July 1, 1966. For school
buildings for which the general construction contract is awarded
subsequent to July 1, 1966, and for approved school building
projects for which the general construction contract was awarded
but for which a lease was not approved by the Department of
Education prior to July 1, 1966, the approved building
construction cost and the interest on such construction cost
shall not exceed the product of the rated full-time pupil
capacity, as determined by the Department of Education at the
time the project is approved, and three thousand seven hundred
dollars ($3700).
For school buildings for which the general construction
contract is awarded subsequent to July 1, 1984, and for approved
school building projects for which the general construction
contract was awarded but for which a lease or general obligation

bond resolution was not approved by the Department of Education

prior to July 1, 1984, the approved building construction cost
and the interest on such construction cost shall not exceed the
product of the rated full-time pupil capacity, as determined
by the Department of Education at the time the project is
approved, and six thousand three hundred dollars ($6,300).
For school buildings for which the general construction
contract is awarded subsequent to January 1, 2005, and for
approved school building projects for which the general
construction contract was awarded but for which a lease or
general obligation bond resolution was not approved by the
Department of Education prior to January 1, 2005, the approved
building construction cost shall not exceed the product of the
rated full-time pupil capacity, as determined by the Department
of Education at the time the project is approved, and seven
thousand six hundred dollars ($7,600).
The Department of Education shall not approve the expenditure
of any funds borrowed or obtained by the sale of bonds by any
authority, nonprofit corporation, profit corporation, company
or individual for construction of area vocational-technical
schools or technical institutes for bleachers, athletic field,
lighting equipment or apparatus used to promote and conduct
interscholastic athletics.
((e) amended July 13, 2005, P.L.226, No.46)
(f) For the purchase of any building, reimbursement shall
be computed in the same manner as for constructed school
buildings. ((f) amended July 9, 1992, P.L.403, No.88)
(2574 added Mar. 22, 1956, 1955 P.L.1315, No.417)
Compiler's Note: See section 34 of Act 82 of 2012 in the
appendix to this act for special provisions relating to
applicability.
Section 2574.1. Payments on Account of Building Site
Costs.--Whenever any school district acquires a site for a
school building in advance of its need and in accordance with
a long range master plan for school building construction
approved by the Department of Education to the extent that the
cost of the acquisition shall be deemed reasonable by the
Department of Education, the Commonwealth shall pay, in the
year of such acquisition, one hundred percent (100%) of the
reimbursement due the district under applicable laws in force
at that time for the cost of acquisition. If such site is not
thereafter used by the district for school building purposes,
within a period of ten years from date of purchase, the amounts
paid to the district under this section shall be returned to
the Commonwealth by the district within two years of the end
of such ten year period of non-user. If such amounts are not
so returned within such two year period, Commonwealth moneys
due and payable to the district by the Department of Education
as a subsidy or reimbursement for any purpose shall first be
withheld in the amount of the moneys owed the Commonwealth by
the district under this section and credited as returned in
full hereunder before any part of such Commonwealth
reimbursement or subsidy is paid to the district. The district
shall not be required to return the funds it received if the
district can demonstrate in its long range plan that the site
will still be needed for a school building, even though the
site may be used temporarily by a political subdivision, or
agency thereof, for public purposes. If the district conveys
or transfers the site to another party, the district shall repay
the amount it was reimbursed and appropriate interest, as
determined by the department.

(2574.1 amended July 10, 1986, P.L.1270, No.117)

Section 2574.2. Approved Reimbursable Annual Rental for
Leases of Buildings and Facilities for School Use.--For extended
leases of buildings and facilities for school use authorized
under the provisions of section 703.1 which have been approved
by the Secretary of Education, the Department of Education shall
calculate an approved reimbursable annual rental charge.
Approved reimbursable annual rental for such approved leases
of building facilities constructed for school use shall be the
lesser of (i) the product of the annual rental payable under
the provisions of the approved lease agreement times the ratio
of the pupil scheduled area to the architectural area, or (ii)
the product of the rated pupil capacity as determined by the
Department of Education at the time of initial lease times one
hundred sixty dollars ($160) for elementary schools, two hundred
twenty dollars ($220) for secondary schools, or two hundred
seventy dollars ($270) for area vocational-technical schools.
Annual approved rental payable for approved leases of
existing facilities altered for school use shall be the lesser
of (i) the product of the annual rental payable under the
provisions of the approved lease agreement times the ratio of
the pupil scheduled area to the architectural area, or (ii) the
product of the rated pupil capacity, as determined by the
Department of Education at the time of initial lease, times one
hundred twelve dollars ($112) for elementary, one hundred
fifty-four dollars ($154) for secondary, or one hundred
eighty-nine dollars ($189) for area vocational-technical
schools.
(2574.2 added Dec. 6, 1972, P.L.1445, No.323)
Section 2574.3. Approved Reimbursable Annual Rental for
Leases of Buildings or Portions of Buildings for Charter School
Use.--(a) For leases of buildings or portions of buildings for
charter school use which have been approved by the Secretary
of Education on or after July 1, 2001, the Department of
Education shall calculate an approved reimbursable annual rental
charge. Approved reimbursable annual rental for such approved
leases of buildings or portions of buildings for charter school
use shall be the lesser of (i) the annual rental payable under
the provisions of the approved lease agreement, or (ii) the
product of the enrollment, as determined by the Department of
Education, times one hundred sixty dollars ($160) for elementary
schools, two hundred twenty dollars ($220) for secondary schools
or two hundred seventy dollars ($270) for area
vocational-technical schools. The Commonwealth shall pay
annually for the school year 2001-2002 and each school year
thereafter to each charter school which leases with the approval
of the Department of Education buildings or portions of
buildings for charter school use under these provisions an
amount determined by multiplying the aid ratio of the charter
school by the approved reimbursable annual rental.
(b) Nothing in this section shall require a charter school
that has been converted from an existing public school under
Article XVII-A to make rental payments to a school district.
(2574.3 added June 22, 2001, P.L.530, No.35)
Section 2575. Payments on Account of Leases Hereafter
Approved and on Account of Sinking Fund Charges on Indebtedness
for School Buildings Hereafter Constructed.--(a) The
Commonwealth shall pay annually to each school district erecting
or sharing in the erection of a building or buildings under the
provisions of the Public School Building Authority Act, the
Municipality Authority Act, section 758 of the Public School
Code of 1949, or section 791 of the Public School Code of 1949,

on account of buildings for which the lease is approved on or

after March 22, 1956, or through the incurring of indebtedness
by the issuance of general obligation bonds on account of
buildings for which the general construction contract is awarded
on or after March 22, 1956, an amount to be determined by
multiplying the district's capital account reimbursement
fraction computed for the year 1967 or aid ratio whichever is
larger by the approved reimbursable rental or approved
reimbursable sinking fund charge.
(b) The Commonwealth shall pay, annually, to each school
district which constructs, purchases or leases with the approval
of the Department of Public Instruction an area
vocational-technical school building or technical institute
building or which shares in the construction, purchase or lease
of such building or buildings under provisions of the Public
School Building Authority Act, the Municipality Authority Act,
section 758 of the Public School Code of 1949, or section 791
of the Public School Code of 1949, or other agency, or through
the incurring of indebtedness by the issuance of general
obligation bonds, an amount to be determined by multiplying the
district's aid ratio or fifty per cent, whichever is more, by
the approved reimbursable rental approved reimbursable sinking
fund charge multiplied by the district's proportionate share
of such rental sinking fund charge.
(2575 amended June 12, 1968, P.L.192, No.96)
Section 2575.1. Payments on Account of Building
Costs.--(a) The Commonwealth shall pay to any school district
making a preliminary payment on account of the approved building
construction or approved renovation cost as authorized by
section 783 or by clause (4) of section 790 or by clause (5)
of section 791 of this act, an amount determined by multiplying
the district's capital account reimbursement fraction computed
for the year 1967 or aid ratio whichever is larger by the amount
of the payment made by the school district.
(b) Whenever any school district provides the full payment
on account of approved building construction or approved
renovation cost without incurring debt, or without assuming a
lease, the Commonwealth shall pay to such school district an
amount determined by multiplying the district's capital account
reimbursement fraction computed for the year 1967 or aid ratio
whichever is larger by the amount of the payment made by the
school district.
(c) The payment required by this section shall be made for
the year in which the school district made its payment on
account of the approved building construction or approved
renovation cost.
(2575.1 amended July 9, 1992, P.L.392, No.85)
Section 2575.2. Payments on Account of Approved Rental for
Leases of Buildings and Facilities for School Use.--The
Commonwealth shall pay, annually, for the school year 1972-73
and each school year thereafter to each school district which
leases with the approval of the Department of Education
buildings and facilities for school use under the provisions
of section 703.1, an amount to be determined by multiplying the
district's aid ratio by the approved reimbursable annual rental.
In the case of districts eligible under density factor the
minimum annual payment shall be no less than fifty per centum
(50%) of the approved reimbursable annual rental.
(2575.2 added Dec. 6, 1972, P.L.1445, No.323)
Section 2576. Approval of Department of Public
Instruction.--(a) No payment shall be made to any school
district on account of any lease entered into with the State

Public School Building Authority or any municipality authority

or nonprofit corporation under section 758 of this act or any
profit or nonprofit corporation, partnership, association or
person under section 791 of this act or on account of sinking
fund charges on indebtedness for school buildings unless such
lease or sinking fund charge is approved by the Department of
Public Instruction. Except as hereinafter provided, the
Department of Public Instruction may give its approval to any
lease heretofore or hereafter entered into and to any payments
on account of sinking fund charges on indebtedness for school
buildings if it shall find in the case of all school districts,
except school districts of the first class, first class A and
second class which are not part of a county-wide plan, that the
leased project or the project for which the indebtedness is
incurred, is in conformance with county-wide plans prepared by
the county board of school directors and approved pursuant to
the standards of the State Board of Education for the orderly
development of improved attendance areas and administrative
units and for the improved housing of public schools in the
Commonwealth, and in the case of all school districts, that the
school building will conform with standards and regulations
prescribed by the department with respect to educational and
architectural design, building materials, fixtures and
equipment, location, usefulness for community activities,
safety, comfort and convenience, and that the school district
or school districts which incur the indebtedness or to which
the project is to be leased will have the ability to meet from
current revenues the rental or sinking fund charge or their
respective shares of rental or sinking fund charge and to defray
the cost of their respective shares of the cost of operation
and maintenance of the project. ((a) amended Oct. 21, 1965,
P.L.601, No.312)
(b) The department shall have the right to disapprove or
approve with reservation a lease because of any failure on the
part of the authority or school district to comply with the
provisions of the laws of the Commonwealth relating to such
authority or nonprofit corporation or profit or nonprofit
corporation, partnership, association or person or school
district only to such extent as will prevent the school district
from paying a greater sum as rental because of such
noncompliance with law. For that purpose, the department may
require a modification of the lease if not at that time executed
or may approve the lease with the reservation that the
department will pay the reimbursement on that amount only which
would have been determined by reason of the lower rental.
(c) The Department of Public Instruction shall not approve
any project for which Commonwealth reimbursement is sought
unless an inspection has been made by the department of the
location and adequacy of existing school facilities and the
determination made that existing facilities are inadequate in
terms of prevailing educational standards.
(2576 amended July 11, 1957, P.L.775, No.373)
Section 2577. Limitations on Approval of Projects for
Reimbursement Purposes.--(a) ((a) repealed Sept. 12, 1961,
P.L.1268, No.555)
(a.1) ((a.1) repealed Feb. 1, 1966, 1965 P.L.1642, No.580)
(b) The Department of Public Instruction shall determine
reimbursement eligibility of all projects including projects
submitted for approval prior to the effective date of this act
in the order of date of filing of applications for project
approval with the department, except that in the case of
application for area vocational-technical schools, the

department may grant priority to such applications in the order

in which said applications are received and process them
immediately. If a delay in departmental processing of any
application on file is occasioned by the applying school
district, the department shall proceed to determine
reimbursement eligibility of projects next in order, except
that in the event of any emergency due to fire, flood, orders
from the Department of Labor and Industry to close school
buildings or parts thereof where such school buildings or parts
thereof are determined to be irrepairable and are closed finally
by the Department of Labor and Industry, or an act of God, which
causes undue hardship beyond the control of the applying school
district, the department may grant priority over the eligibility
of projects submitted prior to the emergency application:
Provided, however, That in cases where priority is granted due
to closed schools or parts thereof by orders of the Department
of Labor and Industry, the approved reimbursable costs of such
projects shall not be included within the aggregate for projects
already undertaken or to be undertaken as provided in subsection
(a) of this section. ((b) amended Aug. 14, 1963, P.L.1065,
No.463)
(c) Unless the general construction contract for any project
is awarded within ten months subsequent to the date of approval
by the Department of Public Instruction and by any other agency
as required by existing law, approval shall be withdrawn, except
that when a district shows to the satisfaction of the department
that the contract has not been let for reasons beyond its
control or that withdrawal of approval would work undue
hardship, the department may grant extensions beyond the
ten-months period for three periods of ninety days each before
approval is withdrawn. Any project for which approval was
withdrawn under the provisions of act 417, approved March 22,
1956 (P.L.1315), may be reinstated by the Department of Public
Instruction and granted extensions which, together with the
time already elapsed, shall not exceed nineteen months beyond
the date of approval given by the Department of Public
Instruction or any agency as required by existing law. A project
for which approval is withdrawn may be resubmitted to the
department as a new project. ((c) amended July 3, 1957, P.L.471,
No.265)
Section 2578. Payments.--(a) Payments to a school district
shall be determined and approved by the Department of Public
Instruction. The amount so approved shall be included in and
be payable from any future appropriations made to the Department
of Public Instruction. Payments to school districts shall be
made semi-annually where the districts lease agreement specifies
that lease payments shall be paid semi-annually. ((a) amended
Dec. 22, 1959, P.L.1974, No.726)
(b) All payments due school districts by the Commonwealth
on account of obligations to the State Public School Building
Authority, sinking fund charges, or rentals under leases with
municipality authorities, nonprofit corporations or profit on
nonprofit corporations, partnerships, associations or persons
for building or educational equipment for area technical
schools, shall be paid to the intermediate unit operating the
school. School districts not originally parties to an agreement
with the State Public School Building Authority or a lease with
a municipality authority, a nonprofit corporation or a profit
or nonprofit corporation, partnership, association or person
for buildings or educational equipment for an area technical
school but later electing to participate in the operation of
the school and agreeing to pay a part of the annual payments

due under the agreement or lease shall be entitled to payments

by the Commonwealth to the same extent as though they had
originally been parties to the agreement or lease. The amount
thereof shall be paid to the intermediate unit. No payments
shall be made on account of obligations or rentals for buildings
or educational equipment for area technical schools unless the
schools conform to plans approved by the State Board for
Vocational Education. ((b) amended Jan. 14, 1970, 1969 P.L.468,
No.192)
Section 2578.1. Payments to School Districts Because of
Density Factor.--Beginning with the school year 1965-1966 and
in each school year thereafter, to districts eligible under the
density factor, payments on leases or sinking fund charges shall
be no less than fifty percent (50%) of the approved reimbursable
rental or sinking fund charge for a school building project.
Such payments shall be made annually, semi-annually or as may
otherwise be required by the terms of any agreement entered
into by the school district with the approval of the
Superintendent of Public Instruction.
(2578.1 amended June 12, 1968, P.L.192, No.96)
Section 2579. Inspection of Projects by Department of Public
Instruction.--The Department of Public Instruction shall
inspect, during construction, the work performed by or under
contract with a municipality authority, nonprofit corporation,
profit or nonprofit corporation, partnership, association or
person or school district, on all projects for the rental or
sinking fund charge of which the Commonwealth will make
reimbursement, and shall compel compliance with approved plans.
(2579 amended July 11, 1957, P.L.775, No.373)
Section 2580. Changes in the Amount of Lease
Rentals.--Reimbursements to school districts on account of
rental payments in excess of the amount specified in the lease
between the school districts and the State Public School
Building Authority or any municipality authority or nonprofit
corporation or profit or nonprofit corporation, partnership,
association or person or in the case of refinancing on account
of rental payments provided by a renegotiated lease shall be
calculated in the same manner as the specified lease rental.
(2580 amended July 11, 1957, P.L.775, No.373)
(g)

Payments to Joint School Boards

or Joint School Committees.
(Hdg. added Nov. 30, 1959, P.L.1595, No.575)
Section 2585. Payments to Joint School Boards or Joint
School Committees.--Whenever a joint school board or a joint
school committee, or any of its officers or employes, renders
any service or performs any act, function or duty for which
school districts are entitled to receive payments authorized
by this article, the Commonwealth of Pennsylvania or any of its
departments authorized by this article to make payments to
school districts, may, upon request of the school districts
which have established the joint school board or joint school
committee, and the submission of information and reports
otherwise required by this article to be filed or presented to
the Commonwealth of Pennsylvania or any of its departments or
to the officer who heads any such department, make the payments
directly to the joint school board or joint school committee
in lieu of making the payments to the school districts which
have established the joint school board or joint school
committee. Payments to the joint school boards and joint school
committees shall be subject to withholding of payments and

forfeiture of payments and all other requirements of this

article for payments to school districts by the Commonwealth
or its departments.
(2585 added Nov. 30, 1959, P.L.1595, No.575)
(h) Additional Payments.
(Hdg. added Nov. 21, 1959, P.L.1589, No.569)
Section 2591. Additional Payments.--(2591 repealed Feb. 1,
1966, 1965 P.L.1642, No.580)
Section 2591.1. Commonwealth Reimbursements for Charter
Schools and Cyber Charter Schools.--(a) For the 2001-2002
school year, the Commonwealth shall pay to each school district
with resident students enrolled in a charter school, a charter
school approved under section 1717-A or 1718-A which provides
instruction through the Internet or other electronic means or
a cyber charter school as defined pursuant to Article XVII-A
an amount equal to thirty percent (30%) of the total funding
required under section 1725-A(a). If insufficient funds are
appropriated to make Commonwealth reimbursements under this
section, the reimbursements shall be made on a pro rata basis.
(b) For the 2002-2003 school year, the Commonwealth shall
pay to each school district that received funding under
subsection (a) for the 2001-2002 school year and that had
resident students enrolled in a charter school, a charter school
approved under section 1717-A or 1718-A which provides
instruction through the Internet or other electronic means or
a cyber charter school as defined under Article XVII-A during
the 2002-2003 school year an amount equal to the lesser of:
(1) the payment received for the 2001-2002 school year
pursuant to subsection (a); or
(2) thirty percent (30%) of the total funding required under
section 1725-A(a).
(c) For the 2002-2003 school year, the Commonwealth shall
pay to each school district that did not receive funding under
subsection (a) for the 2001-2002 school year and that had
resident students enrolled in a charter school, a charter school
approved under section 1717-A or 1718-A which provides
instruction through the Internet or other electronic means or
a cyber charter school as defined under Article XVII-A during
the 2002-2003 school year an amount equal to thirty percent
(30%) of the total funding required under section 1725-A(a).
(c.1) (1) For the 2003-2004 school year and each school
year thereafter, except as provided under paragraph (2) or (3),
the Commonwealth shall pay to each school district with resident
students enrolled during the immediately preceding school year
in a charter school, a charter school approved under section
1717-A or 1718-A which provides instruction through the Internet
or other electronic means or a cyber charter school as defined
under Article XVII-A, an amount equal to thirty percent (30%)
of the total funding required under section 1725-A(a).
(2) For the 2006-2007 school year, the payment required
under this subsection shall be equal to thirty-two and
forty-five hundredths percent (32.45%) of the amount required
under section 1725-A(a), where the school district has:
(i) average daily membership of resident students enrolled
in a charter school, a charter school approved under section
1717-A or 1718-A which provides instruction through the Internet
or other electronic means or a cyber charter school as defined
under Article XVII-A equal to or greater than twelve percent
(12%) of the school district's 2006-2007 average daily
membership;

(ii) a 2007-2008 market value/income aid ratio of equal to

or greater than six thousand ten thousandths (.6000); and
(iii) made payments equal to or greater than one million
dollars ($1,000,000) as required under section 1725-A(a).
(3) For the 2007-2008 school year and each school year
thereafter, the payment required under this subsection shall
be equal to forty-one and ninety-six hundredths per centum
(41.96%) of the amount required under section 1725-A(a), where
the school district has:
(i) 2007-2008 average daily membership of resident students
enrolled in a charter school, a charter school approved under
section 1717-A or 1718-A which provides instruction through the
Internet or other electronic means or a cyber charter school
as defined under Article XVII-A equal to or greater than twelve
per centum (12%) of the school district's 2007-2008 average
daily membership;
(ii) a 2008-2009 market value/income aid ratio of equal to
or greater than six thousand ten thousandths (.6000); and
(iii) made payments equal to or greater than one million
dollars ($1,000,000) as required under section 1725-A(a).
(d) (1) For the fiscal year 2003-2004 and each fiscal year
thereafter, if insufficient funds are appropriated to make
Commonwealth payments pursuant to this section, such payments
shall be made on a pro rata basis.
(2) For fiscal year 2007-2008, when determining if
sufficient funds are available, the Department of Education
shall include in the calculation two million dollars
($2,000,000) in addition to the funds appropriated to the
Department of Education for this purpose.
(2591.1 amended July 9, 2008, P.L.846, No.61)
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2591.1, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2592. Guaranteed Payment.--(2592 repealed July 22,
1983, P.L.104, No.31)
Section 2593. Responsibility for Vocational
Programs.--(a) Commencing on July 1, 1982, the department shall
not deduct from any Commonwealth payments to school districts
the payments owed by such school districts on account of
programs in the school year 1981-1982, or any school year
thereafter, notwithstanding the provisions of section 2508.2
of the act to the contrary.
(b) It shall be the responsibility of every school district
to comply with all provisions of the act and of regulations of
the State Board of Education and standards of the department
promulgated hereunder with regard to the provision of vocational
education programs and to make such financing arrangements as
it deems proper with area vocational-technical schools in order
so to comply.
(2593 added May 11, 1982, P.L.396, No.115)
Section 2594. Special Payments on Account of Minimum Salary
Increases.--(a) For the school year 1988-1989 and each school
year thereafter beginning before the expiration of the term of
any contract or agreement effective on or before the effective
date of this section between a public employer and a public
employe or employe organization pursuant to the act of July 23,
1970 (P.L.563, No.195), known as the "Public Employe Relations
Act," each school district, intermediate unit and area
vocational-technical school which elects to increase minimum
salaries pursuant to section 1142.1 shall be paid in the manner
provided in subsection (b), in addition to any other payments

to which it is entitled, a special payment to cover the cost

of implementing section 1142.1.
(b) For the school year 1988-1989, the amount paid to each
school district, intermediate unit and area vocational-technical
school shall be the difference between the salary paid to each
full-time teacher at the beginning of the school term 1988-1989
that is less than eighteen thousand five hundred dollars
($18,500) and an amount equal to eighteen thousand five hundred
dollars ($18,500). For the school year 1989-1990 and each school
year thereafter, the amount paid shall be the difference between
the salary payable to each full-time teacher at the beginning
of the school term under the terms of the contract or agreement
in effect on the effective date of this section which is less
than eighteen thousand five hundred dollars ($18,500) and an
amount equal to eighteen thousand five hundred dollars
($18,500). The amount so calculated shall be paid to each
qualifying school district, intermediate unit and area
vocational-technical school by the Department of Education
during each school year for which each school district,
intermediate unit and area vocational-technical school qualifies
out of the funds appropriated to the department for this
purpose.
(c) For each school year for which a school district,
intermediate unit and area vocational-technical school qualifies
for a special payment under subsection (a), the entire
employer's share of contributions to the Public School Employe's
Retirement Fund and Social Security attributable to the salary
increase implemented pursuant to section 1142.1 shall be paid
for each school district, intermediate unit and area
vocational-technical school out of funds appropriated to the
Department of Education for such purposes.
(2594 added Oct. 20, 1988, P.L.827, No.110)
Section 2595. School Performance Incentives.--(a) The
purpose of this section is to establish a program of school
performance incentives to reward significant educational
improvements and the maintenance of high levels of achievement
and effort, to encourage accountability programs with school
districts, to evoke further school performance improvement and
to foster collegial participation by school employes in
improving school performance.
(b) Any public elementary school, secondary school or area
vocational-technical school is eligible to participate in the
school performance program.
(c) (1) School performance will be determined by
improvements in student accomplishment or maintenance of high
standards using the following criteria:
(i) student achievement as measured by performance on
assessments developed by the department or by the State Board
of Education through regulation and pursuant to this act;
(ii) graduation rates as measured by the increase in the
proportion of students continuing their education in grades
nine through twelve;
(iii) attendance rates as measured by an increase in the
proportion of students attending school on a regular basis;
(iv) rates of employment related to the training received
by area vocational-technical school graduates until such time
as an occupational competency testing program is established
and which meets the measurement requirements in this section;
or
(v) maintenance of high standards in any of the criteria
in paragraphs (i), (iii) or (iv) for a period of three (3)
consecutive school years beginning with the 1997-1998 school

year. In order to receive an award for maintenance of high

standards, a school must achieve and maintain a minimum high
baseline as established by the Department of Education.
(2) Improvements in school performance or maintenance of
high standards shall be calculated on performance levels
comparing the assessment results from one school year to the
average of two or more years, as determined by the Department
of Education.
(3) All data submissions from the schools shall be subject
to audit, and any incentive payment amounts subsequently
determined to be excessive due to inappropriate data shall be
deducted from subsequent basic education funding payments.
(4) The Secretary of Education shall monitor and evaluate
the criteria for selection of schools and shall annually
determine and publish the required level of performance
improvement or maintenance of high standards for schools to be
awarded incentive payments.
(d) The Secretary of Education shall award on account of
each school that meets the required level of performance
improvement or maintenance of high standards an amount
determined by multiplying the number of students in the school
by the fixed amount per student established annually when the
appropriation for the school performance incentives funding is
established. All awards shall be limited to funds appropriated
for this purpose. The incentive awards will be distributed to
the school districts based on the number of students enrolled
in the qualifying school October 1 of the school year in which
the criteria for the award was met. Each school performance
incentive payment shall be made in a single payment, and the
Secretary of Education shall draw his requisition upon the State
Treasurer in favor of each school district with qualifying
schools.
(e) (1) Incentive funds shall be paid to the school
district for use only by schools which qualify pursuant to
subsection (c). Payments received by school districts with
qualifying schools may be applied to one or more of the
following uses:
(i) Instructional equipment and materials, including, but
not limited to, textbooks, library holdings, laboratory
equipment and supplies; computers, software, telecommunications
equipment and support services; facilities and support services
for distance learning and staff development.
(ii) Initiatives which involve parents and families in the
school.
(iii) Assistance in the introduction or advancement of
curricular and instructional improvements.
(iv) Other uses reasonably expected to improve school
performance or to enhance teaching and learning in the school.
(v) At least fifty percent (50%) of the amount received
must be spent on the planning, delivery and assessment of the
school's instructional program, including staff development for
these purposes.
(vi) No more than twenty-five percent (25%) of the total
received for the qualifying school shall be for direct payments
to the professional employes of the school.
(2) Uses of incentive funds, as provided in clause (1) of
this subsection, in each school shall be determined by a
committee chaired by the principal of the school and composed
of teachers, support personnel, parents, community and business
representatives.
(f) Incentive funds provided pursuant to this section shall
be used to supplement and not to supplant any other sources of

funds for the operation of qualifying schools and the

instructional program of such schools.
(f.1) Up to three million dollars ($3,000,000) of the
allocation for school performance funding under this section
may be used to fund an incentive program for School District
Performance Measures (SDPM) to be based upon the individual
performance of employes of a school district.
(1) School districts shall apply annually for an SDPM award
in a format established by the Department of Education.
(2) The Department of Education shall review school district
professional teacher accountability plans that contain
differentiated rewards and sanctions based on individual job
performance.
(3) The Department of Education shall review the submitted
school district accountability plans and rate them for impact
on the individual employe according to financial and
programmatic measures, including compensation and training and
other rewards and sanctions.
(4) The Department of Education shall use the total impact
of each plan times the number of professional staff affected
in the school district to award SDPM incentive grants to school
districts.
(5) If the amount for awards under this subsection exceeds
the amount allocated for that purpose, the awards shall be
reduced to reflect the amount allocated.
((f.1) amended June 29, 2002, P.L.524, No.88)
(f.2) Pursuant to guidelines issued by the Department of
Education, up to ten percent (10%) of the allocation for school
performance funding under this section may be used by the
department to establish an incentive program to reward school
entities that show improved academic performance as evidenced
by an increase in the percentage of students who score at or
above the level of proficiency set by the State Board of
Education to meet the requirements of section 2603-B(d)(10)(i)
and who are in disaggregated groups, including the following:
(1) Economically disadvantaged students.
(2) Students from major racial and ethnic groups.
(3) Students with disabilities.
(4) Students with limited English proficiency.
((f.2) added June 29, 2002, P.L.524, No.88 and amended Dec.
9, 2002, P.L.1472, No.187)
(g) (1) Each school district with one or more schools
receiving a school performance incentive payment shall report
to the Secretary of Education no later than October 31 of the
fiscal year following the year in which such funds were expended
on the use of the funds, the results of the use of such funds
and the maintenance of the fiscal effort on behalf of the
qualified school buildings of such school districts. Reports
by school districts, as provided for in this subsection, shall
be submitted in a form determined by the Secretary of Education.
(2) The Secretary of Education shall file a report by the
end of 1998-1999 fiscal year and annually thereafter with the
Education Committee of the Senate and the Education Committee
of the House of Representatives a report on the operation of
the school performance incentives program provided for herein,
including any recommendations for changes in the selection
criteria.
(h) Nothing contained in this section shall be construed
to supersede or preempt any provisions of a collective
bargaining agreement negotiated by a school and the employe
organization district, intermediate unit or area

vocational-technical school that is in effect on the effective

date of this section.
(2595 amended May 10, 2000, P.L.44, No.16)
Compiler's Note: Section 17 of Act 16 of 2000, which amended
section 2595, provided that the amendment shall apply
to the appropriations for performance incentives for the
fiscal year 1999-2000 and each fiscal year thereafter.
Section 2596. Special Study on the Revenue Impact of
Out-of-State Tax Credits.--(a) The Department of Education
shall undertake a special study to assess the revenue impact
on Pennsylvania school districts of residents who work in
bordering states. Particular emphasis shall be placed on
districts meeting the following criteria:
(1) Districts that levy a local earned income tax under the
act of December 31, 1965 (P.L.1257, No.511), known as "The Local
Tax Enabling Act"; and
(2) Districts that include as resident taxpayers individuals
who are subject to state and/or local income taxes at their
out-of-State place of employment and who, therefore, claim tax
credits in Pennsylvania as a result of these levies.
(b) The assessment shall include:
(1) Identification of all districts which meet the above
criteria.
(2) Compilation of data indicating, on a per district basis,
the number of resident taxpayers claiming a tax credit for
out-of-State payments.
(3) Analysis of the individual taxpayer data in order to
assess the effect on the local and State revenues for each
affected school district.
(c) The Secretary of Education shall present a report
summarizing the results of this study to the Chairman and the
Minority Chairman of the House Education Committee and the
Chairman and the Minority Chairman of the Senate Education
Committee no later than April 1, 1989.
(2596 added Oct. 20, 1988, P.L.827, No.110)
Section 2597. Distance Learning Grants.--(2597 repealed
June 25, 1997, P.L.297, No.30)
Section 2597.1 Education Mentoring and School Dropout
Prevention Programs.--The General Assembly finds and declares
that large numbers of students need additional support in order
to be successful in school, graduate and become productive
citizens of this Commonwealth and that too many students leave
school without the benefits of positive adult role models,
career goals or skills needed to support strong families and
communities. It is the intent of this section and sections
2597.2 through 2597.6 to promote the development of educational
mentoring programs to provide positive adult role models to
students, establish a dropout prevention grant program to reduce
the number of school dropouts and to promote the collection of
information on dropouts for the purpose of developing local
programs designed to prevent current students from dropping
out.
(2597.1 added June 25, 1997, P.L.297, No.30)
Section 2597.2. Program Established.--The Department of
Education shall establish education mentoring and school dropout
prevention programs.
(2597.2 added June 25, 1997, P.L.297, No.30)
Section 2597.3. Eligible Grant Applicants.--Applications
for grants may be submitted by school districts and nonprofit
community-based organizations. Community-based organizations
must demonstrate that the program will operate in collaboration

with a school district, intermediate unit or area

vocational-technical school.
(2597.3 added June 25, 1997, P.L.297, No.30)
Section 2597.4. Program Requirements.--Services and programs
may be provided to students in grades kindergarten through
twelve. Services and programs shall include the following:
(1) Education Mentoring Program. This program is to
establish planned activities to build sustained relationships
between students and adult mentors. Mentors are to be recruited
from various sources, including business, professional,
religious, higher education, senior citizen organizations and
the local community. Program components are to include:
(i) Screening and assignment of mentors.
(ii) Orientation and training of mentors.
(iii) Ongoing supervision and support.
(iv) Matching mentors with students.
(v) Follow-up activities.
(2) Dropout Prevention Programs. Services and programs shall
include the following:
(i) Academic coursework.
(ii) Remedial education.
(iii) Other courses required for graduation.
(iv) Vocational education and school-to-work transition.
(v) Programs of employment and training and related
services, counseling and assessment.
(vi) Involvement of parents and guardians of students and
individuals enrolled in dropout prevention programs.
(vii) Public information and outreach activities.
(viii) Human, social and community services.
(ix) Mentoring.
(x) Partnerships with business.
(xi) Community service.
(xii) Antitruancy and attendance improvement strategies.
(xiii) Peer mediation and conflict resolution programs.
(2597.4 added June 25, 1997, P.L.297, No.30)
Section 2597.5. Criteria for Awarding Grants.--(a) In
awarding grants, the Secretary of Education shall be guided by
the criteria set forth in subsections (b) and (c).
(b) Education mentoring is to be measured by the anticipated
results for new programs of education mentoring or actual
results for existing programs which:
(1) Reflect satisfactory improvements in academic
achievement.
(2) Result in improvements in transition into post-secondary
education, job training and employment among mentored students.
(3) Result in reductions in truancy, disciplinary referrals
and dropout rates of students enrolled in mentoring programs.
(4) Demonstrate a significant need for mentoring services
in terms of numbers of students requiring mentors.
(5) Demonstrate the cost-effective use of State funding.
(6) Demonstrate maximum use of local resources to maximize
the numbers of students served by the mentoring program.
(c) Dropout prevention is to be measured by:
(1) The extent to which dropout rates in the school district
exceed the Statewide average dropout rate.
(2) The program effectiveness in prior years if the grant
application is intended to provide funding for programs already
in existence, expressed in terms of:
(i) A decline in both the number and percentage of students
leaving school prior to graduation.
(ii) Improvement in the promotion rate, attendance rate and
academic achievement of students enrolled in the program.

(3) The anticipated results of new programs, expressed in

terms of:
(i) A decline in both the number and percentage of students
leaving school prior to graduation.
(ii) Improvement in the promotion rate, attendance rate and
academic achievement of students enrolled in the program.
(4) The extent to which the school district program is
linked to those of other relevant service providers, such as
literacy councils, area vocational-technical schools,
post-secondary educational and training institutions, private
industry councils, social service agencies and community-based
organizations.
(5) The number of dropouts in the school district.
(2597.5 added June 25, 1997, P.L.297, No.30)
Section 2597.6. Duties and Responsibilities of the Secretary
of Education.--(a) The Secretary of Education shall develop
applications for grants and make them available to school
districts and nonprofit community-based organizations, shall
develop any regulations, guidelines or standards required for
the implementation of this act and shall review all grant
applications and make grants from funds appropriated for this
purpose.
(b) The Secretary of Education shall prepare a report by
the first day of February of each year which must, at a minimum,
contain the following:
(1) Number of students leaving school without graduating.
(2) Grade levels at the time of their withdrawal from
school.
(3) Age at the time of their withdrawal from school.
(4) Reasons for withdrawing from school.
(5) The post-withdrawal activities of individuals who left
school prior to graduation.
(6) Numbers of students enrolled in dropout prevention and
mentoring programs.
(7) An evaluation of programs provided in the prior school
year and their effectiveness.
(c) Notwithstanding any provision to the contrary, no one
school district or a combination of a school district and a
community organization shall receive more than ten percent (10%)
of the total funds available under this program established by
the Secretary of Education in any one school year to provide
services within a single school district.
(2597.6 added June 25, 1997, P.L.297, No.30)
Section 2598. Charter School Grants.--(2598 repealed Apr.
27, 1998, P.L.270, No.46)
Section 2599. Administrative/Instructional Consolidation
Incentives.--(a) The purpose of this section is to establish
a program of incentives to school entities to encourage greater
efficiency in the management of schools and the consolidation
of administrative and instructional programming.
(b) Any school district, area vocational-technical school,
intermediate unit or joint school is eligible to participate
in the consolidation incentives program and shall be considered
a school entity for the purposes of this section.
(c) Funding will be provided only to programs which have
the participation of two or more school entities. Funding will
be provided for programs which are initiated after July 1, 1998.
(d) (1) Funding will be provided through a competitive
request for proposal process. Proposals will be evaluated by a
team of Department of Education and nondepartment personnel.
The evaluations will be completed and funds awarded in the

second semester of the school year following the submission of

a proposal.
(2) Funds may be awarded for two years. School entities may
be awarded up to fifty percent (50%) of the savings the first
year. The award in the second year may be up to one-half of the
amount of the first year's award.
(3) The Department of Education will establish general
criteria for qualifying for these funds:
(i) for rating purposes, savings will be calculated as a
percentage of the applicable part of the budgets of the entities
involved in the consolidation;
(ii) the Department of Education will establish multiple
categories to allow for awards based on the size and variety
of proposals;
(iii) awards for consolidation of administrative services
must result in the reduction of the overall administrative
complements of the participating entities;
(iv) awards for consolidation of instructional staff must
result in the reduction of the overall staffing complement of
the participating entities or the participating school entities
not hiring additional personnel.
(4) All data submissions from the school entities shall be
subject to audit, and any incentive payments subsequently
determined to be excessive due to inappropriate data will be
deducted from subsequent basic education funding payments.
(5) Incentive funds shall be paid to school entities for
use in consolidated programs.
(6) Nothing contained in this section shall be construed
to supersede or preempt any provisions of a collective
bargaining agreement negotiated by a school district,
intermediate unit or area vocational-technical school and the
employe organization that is in effect on the effective date
of this section.
(2599 added Apr. 27, 1998, P.L.270, No.46)
Section 2599.1. Multipurpose Service Center Grant
Program.--(a) The Department of Education may administer a
grant program to assist multipurpose service centers in the
delivery of certain services to displaced homemakers and single
parents in accordance with department guidelines.
(b) (1) To the extent that funds are available, grants
shall be awarded to multipurpose service centers that offer job
counseling, job training, financial management, employment
referral and any other services that the department may require.
Priority in the award of grants shall be afforded to those
multipurpose service centers that received State assistance
during the 1998-1999 fiscal year.
(2) Qualified multipurpose service centers shall apply for
grants in the form and manner required by the department.
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Displaced homemaker" or "single parent." An individual
who:
(1) Has worked in the home, providing unpaid household
services for family members.
(2) Is underemployed.
(3) Has had or is having difficulty securing employment.
(4) Has been dependent on the income of another family
member but is no longer supported by such income, has been
dependent on government assistance or is supported as the parent
of minor children by government assistance or other support.
"Multipurpose service center." A community-based
organization, school district, joint school district or

intermediate unit, postsecondary school, institution of higher

learning or area vocational-education school that provides job
counseling services; job training, education and placement
services; financial management services, outreach information
services with respect to Federal and State employment and
education, health and unemployment assistance programs to
displaced homemakers and single parents.
(2599.1 added June 29, 2002, P.L.524, No.88)
Section 2599.2. Pennsylvania Accountability Grants.--(a)
Beginning with the 2004-2005 fiscal year, the department shall
establish a program of annual accountability grants for the
benefit of students enrolled in each of the Commonwealth's
school districts.
(b) The grant shall be used by a school district to attain
or maintain academic performance targets. Funds obtained under
this section may be used for any of the following:
(1) Establishing, maintaining or expanding a quality
pre-kindergarten program aligned with the current academic
standards contained in 22 Pa. Code Ch. 4 (relating to academic
standards and assessment).
(2) Establishing, maintaining or expanding a quality
full-day kindergarten program aligned with the current academic
standards contained in 22 Pa. Code Ch. 4. Such programs shall
be kept open for five hours each day for the full school term
as provided in section 1501. The board of school directors of
a school district may offer a full-day kindergarten program to
children who are between four and six years old.
(3) Establishing, maintaining or expanding a class size
reduction program. Such class size reduction program shall
appoint and assign a minimum of one teacher for every 17
students or two teachers for every 35 students enrolled in a
kindergarten, first, second or third grade classroom. All
teachers appointed and assigned to teach kindergarten, first,
second or third grade shall be certified in accordance with 22
Pa. Code Ch. 49 (relating to certification of professional
personnel) or its successors. The department shall establish
guidelines to assure that no school district satisfies the
requirements of this paragraph by making a reduction in, and
subsequent increase to, current teacher complement. For purposes
of this paragraph, the phrase "one teacher for every 17 students
or two teachers for every 35 students enrolled in a
kindergarten, first, second or third grade classroom" shall
refer to the number of teachers conducting a class at any one
time in a classroom containing the applicable number of
students.
(4) Establishing, expanding or maintaining programs that
promote the availability, coordination, integration and
utilization of social and health services, associated resources
and ancillary resources to meet the needs of children and
families in addressing issues that may serve to limit student
academic achievement.
(5) Notwithstanding the provisions of Article XV-C,
providing tutoring assistance during the normal school day and
hours of the school district, provided that the tutoring is in
addition to and does not interfere with a student's regularly
scheduled classroom instruction times and does not supplant
services required in a student's individualized education
program.
(6) Improving the academic performance of subgroups
identified under section 1111(b) of the No Child Left Behind
Act of 2001.

(7) Establishing, expanding or maintaining programs to

assist in the building of strong science and applied-knowledge
skills.
(8) Providing additional programs for continuing
professional education that may include any of the following:
training in mathematics, science and literacy-specific
curriculum and instructional strategies; training in school-wide
improvement planning; analysis of student achievement data,
including student work and the implications for classroom
practice; observing and studying exemplary school and classroom
practices; implementing school-wide programs and classroom
management strategies designed to improve student conduct; using
technology to boost student achievement; conducting transition
planning and curriculum alignment across schools and grade
levels; or implementing secondary strategies to increase student
engagement and personalize learning.
(9) Establishing, expanding or maintaining math and literacy
coaching programs within schools to improve math and reading
instruction.
(10) Providing financial incentives to highly qualified,
tenured teachers to work in the most academically challenged
schools in a school district or providing financial incentives
to aid in the recruitment of certificated teachers in
mathematics, science, language arts or English as a second
language to work in the most academically challenged schools
in a school district.
(10.1) Establishing, expanding or maintaining a career
awareness program.
(10.2) Purchasing materials or extending service hours for
school libraries.
(11) Providing such other programs or activities that the
board of school directors of a school district determines are
essential to achieving or maintaining academic performance
targets through the year 2014.
(12) Establishing, expanding or maintaining programs for
instruction on world languages in the elementary grades, either
in immersion classrooms or as separate periods of instruction.
(13) Establishing, expanding or maintaining programs to
strengthen high school curricula by creating rigorous college
and career preparatory programs, increasing academic
achievement, offering additional advanced placement courses,
providing school-based counseling and providing professional
development.
(14) Establishing, expanding or maintaining programs to
provide intensive teacher training, professional development
opportunities and teaching resources to elementary level science
teachers.
((b) amended July 9, 2008, P.L.846, No.61)
(b.1) No subcontract between a school district and a
nonprofit organization entered into for the provision of a
program or services pursuant to this section may abrogate
provisions of a collective bargaining agreement between the
nonprofit organization and its employes. ((b.1) added July 13,
2005, P.L.226, No.46)
(b.2) (1) If, for the 2007-2008 school year, the amount
of funding that a school district receives under subsection
(d.2) exceeds the amount of the grant that it received during
the 2006-2007 school year, the school district shall use its
additional funds to establish or expand the full-day
kindergarten program under subsection (b)(2).
(2) The department shall require each school district to
certify as part of the plan submitted under subsection (c)(2)

whether the school district will use its additional grant funds
in compliance with this subsection.
(3) A school district that does one of the following shall
forfeit the right to the additional grant funds received in the
2007-2008 school year under subsection (d.2)(2) and (3), and
all forfeited funds shall be distributed pursuant to subsection
(d.3):
(i) Chooses in the 2007-2008 school year not to establish
or expand a full-day kindergarten program consistent with the
requirements of this subsection.
(ii) Submits a plan that does not comply with this section.
((b.2) added July 20, 2007, P.L.278, No.45)
(c) (1) No later than April 10, 2004, and April 10, 2005,
the department shall notify each school district of the grant
amount it will receive under subsection (d). No later than April
10, 2006, the department shall notify each school district of
the grant amount it will receive under subsection (d.1).
(1.1) For the 2007-2008 school year, the department shall
notify each school district of the programs and activities
authorized under subsection (b)(12), (13) and (14) and of its
grant amount under subsection (d.3) within fifteen (15) days
of the effective date of this paragraph.
(2) Within thirty (30) days of receipt of the notification
under paragraph (1), the school district shall submit to the
department an accountability grant plan. The plan shall include:
(i) Reference to the programs or activities under subsection
(b) for which the grant funds will be used.
(ii) Identification of whether the grant funds will be used
to establish, maintain or expand the programs or activities
referenced under subparagraph (i).
(iii) A brief description of the programs or activities for
which the grant funds will be used.
(2.1) For the 2007-2008 school year, a school district that
proposes to use the grant funds for a program or activity not
referenced in the accountability grant plan submitted under
paragraph (2) shall submit an amended accountability grant plan
to the department within thirty (30) days of the effective date
of this paragraph. The amended plan shall include the
information required under paragraph (2).
(3) (i) Where the accountability grant plan submitted under
paragraph (2) proposes to use the grant funds for a program or
activity under subsection (b)(11), the department shall have
fifteen (15) days from the receipt of the plan to disapprove
the use and notify the school district of the reason for the
disapproval. Within thirty (30) days of the receipt of notice
of disapproval, the school district shall submit a revised
accountability grant plan under paragraph (2).
(ii) Where the accountability grant plan submitted under
paragraph (2) proposes to use the grant funds for a program or
activity under subsection (b)(11) and the school district fails
to receive notification from the secretary within fifteen (15)
days of receipt that its request has been disapproved, the
school district may proceed to implement the proposed programs
or activities.
(4) Where the accountability grant plan submitted under
paragraph (2) or where the amended accountability grant plan
submitted under paragraph (2.1) proposes to use the grant funds
for a program or activity under subsection (b)(1), (2), (3),
(4), (5), (6), (7), (8), (9), (10), (12), (13) or (14), the
department may, within thirty (30) days from the receipt of the
plan, make nonbinding recommendations for alternative
utilization of the grant funds.

(5) No later than February 1, 2005, and February 1 of each

year thereafter, the department shall submit a report to the
majority and minority chairs of the Appropriations and Education
Committees of the Senate and to the majority and minority chairs
of the Appropriations and Education Committees of the House of
Representatives summarizing the operation of the program for
that fiscal year. The report shall include:
(i) A description of the operation of the program.
(ii) A summary of the total amount of grant funds paid to
school districts.
(iii) A summary of the uses of grant funds to school
districts.
(iv) An identification of the number of school districts
that used grant funds for each of the programs or activities
under subsection (b).
(v) A listing of each school district and the program or
activity under subsection (b) for which the grant funds were
used.
(vi) An identification of the number of school districts
that used grant funds to establish, maintain or expand the
program or activity for which the grant funds were used.
(vii) A listing of each school district and whether the
grant funds were used to establish, maintain or expand the
program or activity for which the grant funds were used.
((c) amended July 20, 2007, P.L.278, No.45)
(d) During the 2004-2005 and 2005-2006 school years, the
department shall pay to each school district a Pennsylvania
Accountability grant equal to the sum of the amounts calculated
under paragraphs (1) and (2) as follows:
(1) Each school district shall receive an amount based on
the percentage of its students scoring below proficient on the
PSSA tests, calculated as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored below proficient in
reading or mathematics during the 2002-2003 school year by the
total number of PSSA tests scored in reading and mathematics
in the school district during the 2002-2003 school year.
(ii) Multiply the quotient from subparagraph (i) by the
average daily membership of the school district for the
2002-2003 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2003-2004 school year.
(iv) Multiply the product from subparagraph (iii) by one
hundred fifty million dollars ($150,000,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all school districts.
(2) Each school district shall receive an amount based on
the percentage of its students scoring at or above proficient
on the PSSA tests, calculated as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored at or above proficient
in reading or mathematics during the 2002-2003 school year by
the total number of PSSA tests scored in reading and mathematics
in the school district during the 2002-2003 school year.
(ii) Multiply the quotient from subparagraph (i) by the
average daily membership of the school district for the
2002-2003 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2003-2004 school year.

(iv) Multiply the product from subparagraph (iii) by fifty

million dollars ($50,000,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all school districts.
(3) Grants awarded under this section shall be paid to
school districts on the last Thursday of July.
((d) amended July 4, 2004, P.L.536, No.70)
(d.1) (1) During the 2006-2007 school year, the department
shall pay to each school district a Pennsylvania accountability
grant equal to the amount determined in subsection (d) plus the
sum of the amounts calculated under paragraphs (2) and (3).
((1) amended July 20, 2007, P.L.278, No.45)
(2) Each school district shall receive an amount based on
the percentage of its students scoring below proficient on the
PSSA tests administered in grades five, eight and eleven,
calculated as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored below proficient in
reading or mathematics during the 2004-2005 school year by the
total number of PSSA tests scored in reading and mathematics
in the school district during the 2004-2005 school year.
(ii) Multiply the quotient from subparagraph (i) by the
average daily membership of the school district for the
2004-2005 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2005-2006 school year.
(iv) Multiply the product from subparagraph (iii) by
thirty-seven million five hundred thousand dollars
($37,500,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all school districts.
(3) Each school district shall receive an amount based on
the percentage of its students scoring at or above proficient
on the PSSA tests administered in grades five, eight and eleven,
calculated as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored at or above proficient
in reading or mathematics during the 2004-2005 school year by
the total number of PSSA tests scored in reading and mathematics
in the school district during the 2004-2005 school year.
(ii) Multiply the quotient from subparagraph (i) by the
average daily membership of the school district for the
2004-2005 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2005-2006 school year.
(iv) Multiply the product from subparagraph (iii) by twelve
million five hundred thousand dollars ($12,500,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all school districts.
(4) Grants awarded under this subsection shall be paid to
school districts on the last Thursday of July.
((d.1) added July 11, 2006, P.L.1092, No.114)
(d.2) (1) During the 2007-2008 school year, the department
shall pay to each school district a Pennsylvania accountability
grant equal to the amount determined under subsection (d.1)
plus the sum of the amounts calculated under paragraphs (2) and
(3).
(2) Each school district shall receive an amount based on
the percentage of its students scoring below proficient on PSSA

tests administered in the school district, calculated as

follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored below proficient in
reading or mathematics during the 2005-2006 school year by the
total number of PSSA tests scored in reading and mathematics
in the school district during the 2005-2006 school year.
(ii) Multiply the quotient from subparagraph (i) by the
average daily membership of the school district for the
2005-2006 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2006-2007 school year.
(iv) Multiply the product from subparagraph (iii) by
eighteen million seven hundred fifty thousand dollars
($18,750,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all school districts.
(3) Each school district shall receive an amount based on
the percentage of its students scoring at or above proficient
on PSSA tests administered in the school district, calculated
as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored at or above proficient
in reading or mathematics during the 2005-2006 school year by
the total number of PSSA tests scored in reading and mathematics
in the school district during the 2005-2006 school year.
(ii) Multiply the quotient from subparagraph (i) by the
average daily membership of the school district for the
2005-2006 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2006-2007 school year.
(iv) Multiply the product from subparagraph (iii) by six
million two hundred fifty thousand dollars ($6,250,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all school districts.
((d.2) added July 20, 2007, P.L.278, No.45)
(d.3) (1) During the 2007-2008 school year, the department
shall pay a Pennsylvania accountability grant supplement from
funds subject to distribution pursuant to subsection (b.2)(3)
equal to the amount calculated under paragraphs (2), (3), (4)
and (5).
(2) Each school district with a 2006-2007 full-day
kindergarten average daily membership shall receive an amount
based on the percentage of its students scoring below proficient
on PSSA tests administered in the school district, calculated
as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored below proficient in
reading or mathematics during the 2005-2006 school year by the
total number of PSSA tests scored in reading and mathematics
in the school district during the 2005-2006 school year.
(ii) Multiply the quotient from subparagraph (i) by the
full-day kindergarten estimated average daily membership of the
school district for the 2006-2007 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2006-2007 school year.
(iv) Multiply the product from subparagraph (iii) by three
million seven hundred fifty thousand dollars ($3,750,000).

(v) Divide the product from subparagraph (iv) by the sum

of the products of subparagraph (iii) for all eligible school
districts under this paragraph.
(3) Each school district with a 2006-2007 full-day
kindergarten average daily membership shall receive an amount
based on the percentage of its students scoring at or above
proficient on PSSA tests administered in the school district,
calculated as follows:
(i) Divide the number of PSSA tests administered in the
school district on which students scored at or above proficient
in reading or mathematics during the 2005-2006 school year by
the total number of PSSA tests scored in reading and mathematics
in the school district during the 2005-2006 school year.
(ii) Multiply the quotient from subparagraph (i) by the
full-day kindergarten estimated average daily membership of the
school district for the 2006-2007 school year.
(iii) Multiply the product from subparagraph (ii) by the
market value/income aid ratio of the school district for the
2006-2007 school year.
(iv) Multiply the product from subparagraph (iii) by one
million two hundred fifty thousand dollars ($1,250,000).
(v) Divide the product from subparagraph (iv) by the sum
of the products of subparagraph (iii) for all eligible school
districts under this paragraph.
(4) Each school district shall receive an amount equal to
two percent (2%) of the amount determined pursuant to subsection
(d.1).
(5) After amounts have been paid pursuant to paragraphs
(2), (3) and (4), any remaining funds subject to distribution
pursuant to subsection (b.2)(3) shall be allocated to each
school district as follows:
(i) Multiply the school district's 2006-2007 market
value/income aid ratio by the number of additional full-day
kindergarten students to be enrolled in the newly established
or expanded full-day kindergarten program in the school district
as indicated in the accountability grant plan submitted under
subsection (c).
(ii) Multiply the product from subparagraph (i) by the total
amount of forfeited grant funds subject to distribution under
this paragraph.
(iii) Divide the product from subparagraph (ii) by the sum
of the products from subparagraph (i) of all school districts
with additional full-day kindergarten students to be enrolled
in newly established or expanded full-day kindergarten programs.
((d.3) added July 20, 2007, P.L.278, No.45)
(d.4) During the 2008-2009 school year, the department shall
pay to each school district a Pennsylvania accountability grant
equal to the amount paid during the 2007-2008 school year under
subsections (d.2) and (d.3). ((d.4) added July 9, 2008, P.L.846,
No.61)
(e) (1) The department shall establish reporting procedures
and auditing guidelines to ensure that grant funds are utilized
in accordance with subsection (b).
(2) A school district shall maintain separate accounts in
its budget to facilitate monitoring the use of the grant funds.
(3) In no case shall a school district use grant funds for
administrative costs as defined by the department.
(4) The department shall reduce the amount of a State
subsidy payment to a school district by the amount of any grant
funds provided under this section if the school district does
not utilize the grant funds in accordance with subsection (b)

and the accountability grant plan submitted pursuant to

subsection (d).
(5) No grant funds may be used directly to increase salaries
except as provided for in subsection (b)(10).
(6) No school district may place grant funds received under
this section in a reserve account.
(7) For the 2008-2009, 2012-2013 and 2013-2014 fiscal years,
if insufficient funds are appropriated to make Commonwealth
payments pursuant to this section, such payments shall be made
on a pro rata basis. ((7) amended July 9, 2013, P.L. , No.59)
(8) For the 2010-2011 fiscal year, any funding remaining
to be allocated to school districts from the appropriation for
Pennsylvania Accountability Grants on or after July 1, 2011,
shall be distributed as follows:
(i) Multiply the amount of funding that each school district
received from the appropriation before July 1, 2011, by the
amount of funding remaining to be allocated to school districts
on or after July 1, 2011.
(ii) Divide the product from subparagraph (i) by the sum
of the funds allocated from the appropriation to school
districts before July 1, 2011.
School districts may expend funds received under this paragraph
in fiscal year 2010-2011 or fiscal year 2011-2012 on programs
authorized under subsection (b).
((8) added June 30, 2011, P.L.112, No.24)
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Applied knowledge." Information technology, computer
equipment, education software and related advanced technologies
necessary to increase students' access to worldwide information
and their expertise in this regard.
"Career awareness program." An educational program that
introduces students to a variety of career and vocational
options and includes such activities as job shadowing, field
trips and tours, career days or the administration of career
assessment tests and inventories.
"Career days." Special events that allow students to meet
with employers, career development specialists, community-based
organization representatives and postsecondary educators and
are designed to encourage students to gain information about
careers and job opportunities.
"Department." The Department of Education of the
Commonwealth.
"Grant." A Pennsylvania accountability grant awarded under
this section.
"Highly qualified." A highly qualified elementary teacher
or a highly qualified middle or secondary teacher as defined
in 22 Pa. Code 403.2 (relating to definitions).
"Job shadowing." As part of career exploration activities
in late middle and early high school, activity of a student
following an employe for one or more days to learn about a
particular occupation or industry, which activity is intended
to help students explore a range of career objectives and
possibly to select a career pathway.
"Science." A curricular offering in support of the science
and technology content area as defined in 22 Pa. Code 4.12
(relating to academic standards).
((f) amended July 9, 2008, P.L.846, No.61)
(2599.2 added Dec. 23, 2003, P.L.304, No.48)

Compiler's Note: See the preamble to Act 59 of 2013 in the

appendix to this act for special provisions relating to
legislative findings and declarations.
Compiler's Note: Section 34 of Act 61 of 2008, which amended
section 2599.2, provided that Act 61 shall apply
retroactively to July 1 2008.
Section 2599.3. Statewide Costing-out Study.--(a) The
General Assembly directs the State Board of Education to conduct
or provide for a comprehensive Statewide costing-out study to
arrive at a determination of the basic cost per pupil to provide
an education that will permit a student to meet the State's
academic standards and assessments.
(b) The study shall consider both adequacy and equity. For
the purposes of this subsection, the term "equity" shall mean
whether public resources being committed to education are
distributed in such a way that all children, regardless of race,
gender, ethnicity, disability, socioeconomic status and
geography, have an equal opportunity to succeed in school. For
purposes of this subsection, the term "adequacy" shall mean
whether sufficient resources, both State and local, are being
committed to meet established performance standards and assure
academic success for all.
(c) The State Board of Education is authorized to hire or
retain consultants, utilizing a request for proposal procedure,
as necessary to assist in the performance of its duties under
this section.
(d) The State Board of Education shall consult with the
following leaders in the development of the request for
proposals, and the assent of a majority of the following leaders
shall be required before the request for proposal shall be
released:
(1) The President pro tempore of the Senate or a designee.
(2) The Speaker of the House of Representatives or a
designee.
(3) The Minority Leader of the Senate or a designee.
(4) The Minority Leader of the House of Representatives or
a designee.
(e) At a minimum the study shall include all of the
following:
(1) Determine what educational resources and related
expenditures are required to provide a quality primary and
secondary education for each student in the Commonwealth's
public schools. The study shall include examining exemplary
school districts that are high-performing and low-spending
school districts. As part of the determination to be conducted
under this paragraph, a review shall be conducted of school
district tax efforts in support of public schools, including
both local and State tax support.
(2) Examine the potential use of geographic
cost-of-education indexing in the Commonwealth.
(3) Investigate additional categories of funding that may
be necessary to meet needs unique to schools and students,
including all of the following:
(i) Poverty.
(ii) Limited English proficiency.
(iii) Students with disabilities.
(iv) Scarcity and density of population.
(v) Issues related to the rural, urban or suburban nature
of the school district.
(vi) Issues related to research-based analysis of the
difficulty of the educational task.

(4) Study the issue of student population growth and decline

to determine the cost impact of both factors.
(f) The State Board of Education shall issue an interim
report no later than six months after the date of the signing
of a contract entered into under subsection (c) and shall
provide a final report of its findings and recommendations to
the Governor and the members of the General Assembly no later
than one year from the date of the signing of a contract entered
into under subsection (c).
(g) Upon receipt of the final report, the Education
Committee of the Senate and the Education Committee of the House
of Representatives shall promptly review and consider the
recommendations of the study and develop legislation as deemed
appropriate.
(2599.3 added July 11, 2006, P.L.1092, No.114)
Section 2599.4. Targeted Industry Cluster Certificate
Scholarship Program.--(a) The Targeted Industry Cluster
Certificate Scholarship Program is established within the
Pennsylvania Higher Education Assistance Agency.
(b) The agency may use funds appropriated to provide grants
for defraying the necessary expense of residents of this
Commonwealth who are eligible students pursuing an eligible
course of study at an eligible educational provider.
(c) The agency shall determine and approve student
eligibility and educational provider eligibility requirements
for the program.
(d) The Department of Education shall consult with the
Department of Labor and Industry to identify programs of study
that train individuals for areas of immediate workforce need
and provide the agency with a list of eligible programs of
study.
(e) Grant awards shall be established by the agency based
upon available resources.
(2599.4 added June 30, 2012, P.L.684, No.82)
Section 2599.5. Distance Education Program.--(a) The
Distance Education Program is established in the agency to
approve distance education programs and to provide grants to
students who enroll in approved distance education programs.
(b) The agency shall administer and establish guidelines
for the distance education program. The agency may collect
student and school data to assess the performance of the
distance education program, provided that such collection
complies with the rights and responsibilities certification
document of the Pennsylvania State Grant Program as administered
by the agency.
(c) An institution of higher education may submit an
application to the agency for approval to participate in the
distance education program. The application must be submitted
in such form and manner as prescribed by the agency.
(d) The agency shall review requests submitted under
subsection (c) and, if the institution meets the criteria
specified in the definitions of "institution of higher
education" and "approved distance education program," shall
approve the request. The agency shall approve requests related
to all academic majors that are eligible under the State grant
program.
(e) The agency may award, from funds appropriated, allocated
or otherwise made available to it, grants to students who are
enrolled in approved distance education programs at
participating institutions of higher education. The agency shall
establish a policy to ensure that awards are made in a
consistent manner throughout the award year.

(f) A student enrolled in an approved distance education

program shall submit an application for a State grant from the
agency. The application must be submitted in such form and in
a manner as prescribed by the agency.
(g) The agency shall review an application submitted under
subsection (f) and, based on available resources, if the agency
concludes that the applicant has financial need, may award a
State grant to the applicant to cover the cost of full-time or
at least half-time study in the approved distance education
program at an institution of higher education approved for
participation in the distance education program.
(h) A grant awarded to a student under subsection (g) may
not exceed per award year the amount the student would receive
under the State grant program for the same award year.
(i) This section shall apply to academic years 2013-2014
through 2017-2018.
(j) This section shall expire June 30, 2018.
(k) The following words and phrases shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Approved distance education program." A program of study
offered by an institution of higher education that is approved
by the agency and meets the following criteria:
(i) The program is at least two academic years in length.
(ii) Completion of the program leads to the attainment of
a recognized academic credential.
(iii) The program of study shall allow an eligible student
to take more than fifty percent (50%) of credits or clock hours
through distance education for each payment period in which the
eligible student is enrolled.
(iv) The program must be pursued by students on a full-time
basis or at least a half-time basis.
"Distance education program." The Distance Education Program
established by this section.
"Eligible student." A student who is otherwise eligible for
the State grant program, notwithstanding the distance education
requirements of the State grant program.
"Institution of higher education." A postsecondary
institution that participated in the State grant program as of
June 30, 2012, and is domiciled and headquartered with its
principal physical location in this Commonwealth.
"Physical location." A location with qualified on-site
administrative staff responsible for the overall administrative
operation of all educational activities, including, but not
limited to, instructional oversight, counseling, advising,
library services and maintenance of academic records.
"State grant." A grant or scholarship awarded under the act
of January 25, 1966 (1965 P.L.1546, No.541), referred to as the
Higher Education Scholarship Law.
(2599.5 added July 9, 2013, P.L. , No.59)
Compiler's Note: See the preamble to Act 59 of 2013 in the
appendix to this act for special provisions relating to
legislative findings and declarations.
ARTICLE XXV-A.
KEYSTONE EDUCATIONAL ACCOUNTABILITY.
(Art. added Dec. 23, 2003, P.L.304, No.48)
Section 2501-A. Scope.
This article deals with educational accountability.

(2501-A added Dec. 23, 2003, P.L.304, No.48)

Section 2502-A. Purpose.
The purpose of this article is to put in place an assessment
system aimed at improving school district management practices
and use of resources, as well as to identify potential cost
savings, by providing for the establishment of a series of best
practices covering a broad range of school district educational
and operational programs and services as standards for a
periodic financial management practices review of school
districts in this Commonwealth. The reviews are intended to:
(1) Increase public confidence in and support for school
districts that demonstrate efficient use of taxpayer
resources.
(2) Encourage cost savings.
(3) Link financial planning and budgeting to district
priorities, including student performance.
(4) Improve school district management and use of
resources.
(2502-A added Dec. 23, 2003, P.L.304, No.48)
Section 2503-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Review." The best financial management practices review
established by this article.
"School board." A board of school directors of a school
district.
"Secretary." The Secretary of Education of the Commonwealth.
"Standards." The best financial management practices
standards established by the Secretary of Education and
promulgated by the State Board of Education pursuant to this
article.
"State board." The State Board of Education.
"Team." The local financial management advisory team
established pursuant to section 2508-A.
(2503-A added Dec. 23, 2003, P.L.304, No.48)
Section 2504-A. Establishment.
(a) Review system.--The department, in consultation with
stakeholders as set forth in subsection (d), shall develop a
system for reviewing the financial management practices of
school districts in this Commonwealth based on a series of best
financial management practices standards adopted for specific
areas of district programs and operations.
(b) Resources.--In developing this system, the department
shall draw on information garnered through the existing school
evaluation services reports.
(c) Advisory committee.-(1) There is hereby established in the Department of
Education an advisory committee consisting of nine members
to assist the secretary in carrying out the secretary's
duties under this article.
(2) Membership on the committee shall include:
(i) A representative named by an established
recognized association representing school
administrators.
(ii) A representative named by an established
recognized association representing school business
officials.

(iii) One representative named by each of the

established recognized organizations representing the
State's public school employees.
(iv) A representative named by an established
recognized organization representing the State's boards
of school directors.
(v) A representative named by an established
recognized organization representing the State's colleges
and universities.
(vi) Three members named by the secretary to
include: one representative from an established
recognized organization representing the State's business
community, one representative of an established
recognized taxpayer organization and one member from the
general public.
(3) The committee shall:
(i) Consult with the secretary concerning any matter
arising under the administration of this article.
(ii) Assist the secretary in complying with the
provisions of section 2504-A(d) to include providing
lists of experts in various areas on which standards and
indicators are being developed pursuant to section
2505-A.
(d) Consultation.--In arriving at its best practices and
their indicators, the department shall consult with a wide
variety of educational stakeholders, including school district
administrators, school business officials, school board members,
professional education organizations, taxpayer organizations,
legislators and legislative staff and the Office of the Budget.
Additionally, the department is to seek advice from corporate
and governmental experts in financial best management practices
and other states with similar programs.
(e) Regulations.--No later than one year from the effective
date of this article, the secretary shall promulgate the best
management practices standards as regulations. Due to the urgent
need for an expedited but public regulatory process, the State
Board, in adopting these regulations, shall follow the
procedures set forth in the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law, and the
act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act, for the promulgation and review of final-omitted
regulations.
(2504-A added Dec. 23, 2003, P.L.304, No.48)
Section 2505-A. Best financial management practices standards.
(a) General.--The best financial management practices
standards must, at a minimum, instill public confidence by
addressing school districts' use of resources, identifying ways
that the district may save funds and improving the districts'
performance and accountability systems, including public
accountability.
(b) Initial development.--To assure these goals are met,
best financial management practices standards shall initially
be developed for the following areas:
(1) Management structures.
(2) Performance accountability.
(3) Educational service delivery.
(4) Administrative and instructional technology.
(5) Personnel systems and benefits.
(6) Facilities construction.
(7) Facilities maintenance.
(8) Transportation.
(9) Food service operations.

(10) Cost control systems.

(c) Indicators.--To help assess whether a district is
meeting these standards, the department shall also develop
specific indicators for each best practice. Indicators will
represent the kinds of activities a district would undertake
if the district were using a particular best practice.
(2505-A added Dec. 23, 2003, P.L.304, No.48)
Section 2506-A. Review process.
(a) Review cycle.--Every school district shall be subject
to a best financial management practices review on a continuing
six-year cycle. Once the six-year cycle has been completed,
reviews shall continue, beginning again with those districts
included in the first year of the cycle unless the district has
been deemed entitled to a waiver pursuant to section 2507-A(d).
(b) (Reserved). ((b) amended June 30, 2012, P.L.684, No.82)
(c) Private firms.--The department is authorized to contract
with a private firm or firms, selected through a formal
request-for-proposal process to perform each review, to the
extent that funds are provided for this purpose in the General
Appropriation Act each year. Any private firm awarded a contract
pursuant to this subsection shall have expertise in school
district finance.
(d) Self-assessment.--Districts scheduled for review shall
initially complete a self-assessment instrument developed by
the department which indicates the school district's own
evaluation of its performance on each best practice. The
self-assessment shall begin no later than 60 days prior to the
commencement of the review, with the completed assessment
instrument and supporting documentation submitted to the
department no later than the date scheduled for commencement
of the review of the district.
(e) Public meetings during review.--During the review, the
department and the firm conducting the review shall hold at
least one advertised public meeting in order to explain the
best financial management practices review process and obtain
input from students, parents, the business community and other
district residents regarding their observations and
recommendations about the operations and management of the
district.
(f) Information used in review process.--In completing its
review and developing the final report, the review team shall
use information available through the existing school evaluation
services reports.
(g) Completion of review.--Reviews are to be completed
within six months after commencement. A final report of the
review team is to be issued to the secretary, the Governor, the
district and its school board and the chairman and minority
chairman of the Appropriations Committee of the Senate and the
chairman and minority chairman of the Appropriations Committee
of the House of Representatives, the chairman and minority
chairman of the Education Committee of the Senate and the
chairman and minority chairman of the Education Committee of
the House of Representatives within 60 days of completion of
the review.
(h) Public meeting after review.--Within 30 days of receipt
of the final report of the review, the school board shall hold
a public meeting to share the results with residents of the
district. Such meeting shall comply with the provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(i) Publication on World Wide Web.--No later than 15 days
after the issuance of the final report by the review team, the
department shall publish the district's review on its World

Wide Web site. Prior to publication, the department shall issue

a press release informing the public of the availability of
this information.
(j) Findings in final report.--The final report shall
include findings related to compliance with the standards based
on their established indicators; potential cost savings;
suggested recommendations for improvement; and, for those
districts found not to be in compliance with the standards, a
three-year action plan for achieving compliance. This action
plan is to be developed in conjunction with officials from the
school district.
(2506-A added Dec. 23, 2003, P.L.304, No.48)
Section 2507-A. State certification as a Keystone District.
(a) General rule.--A district that has been determined by
the review to be using the best practices shall be certified
by the secretary as a Keystone District. Such designation is
effective for six years from the certification date or until
the next review is completed, whichever is later.
(b) Publication of status.--A district so designated is
authorized to publicize its status as a Keystone District on
its buildings and in any publications or correspondence it deems
appropriate.
(c) Annual verification.--Except as provided in section
2510-A, a district that has been certified pursuant to this
section shall annually verify to the secretary that it has made
no changes in any of its practices and continues to conform to
the best financial management practices standards.
(d) Waiver.--A school district that has been awarded a
certification as a Keystone District and which has made annual
reports pursuant to subsection (c) shall be granted a waiver
from the requirement of undergoing its next scheduled review.
Districts granted a waiver under this subsection are not
eligible for waiver of the review to be conducted after the one
which was waived.
(2507-A added Dec. 23, 2003, P.L.304, No.48)
Section 2508-A. Failure to meet best financial management
practices standards.
(a) Action plan.--If the report provided for in section
2506-A finds that the district does not conform to the
standards, the report must contain an action plan detailing how
the district may meet the standards within three years.
(b) Financial management advisory team.--No less than 60
days following receipt of the report, the school board shall
establish a local financial management advisory team. The team
shall consist of 11 members as follows:
(1) One member of the school board who may be the
president or a designated board member.
(2) The superintendent of the district.
(3) The school business manager or the individual
responsible for the fiscal management of the district.
(4) A principal selected by all the principals in the
district.
(5) A teacher selected by all the teachers in the
district.
(6) Two members of the general public, one of whom shall
be a representative of a local taxpayer organization if one
exists in the district.
(7) One parent of a student from the district.
(8) Two local representatives of business, at least one
of whom must have experience in banking or finance.
(9) A local community leader.

(c) Procedure.--The school board shall establish procedures

for selecting the parent, the business and community leaders
and members of the general public in order to ensure public
awareness of these openings and solicit input from the
community.
(d) Chairperson.--The team shall elect a chairperson from
among its membership at its first meeting.
(e) Time period.--The team shall be responsible for
implementation of the action plan contained in the district's
report within a three-year time period.
(f) Technical advisors.--Upon request, the department shall
provide, from a list established pursuant to section 2509-A,
such technical advisors as may be necessary to assist the team
in implementing the action plan.
(g) Second review.--No later than three years after receipt
of a report indicating the district is not in compliance with
the best financial management practices standards, or earlier
upon request of the school board, the department shall conduct
a second review to determine if the district is now in
compliance. If this second report indicates that the district
is now in compliance, it shall be certified as a Keystone
District pursuant to section 2507-A and shall fall under all
provisions of that section with the next review of the district
to take place six years from the date of certification.
(2508-A added Dec. 23, 2003, P.L.304, No.48)
Section 2509-A. Duties of department.
(a) List of experts.--In order to assist those districts
that do not initially meet the best financial management
practices standards, the department shall establish a list of
experts who possess knowledge and experience in such areas as
school or business administration, pupil transportation, food
services management, budget development, fiscal management,
human resources management, educational technology and labor
relations.
(b) Technical advisors.--Upon request from a school board,
the department shall send into the district technical advisors,
chosen from the list established in subsection (a) with
expertise in those areas identified in the report as not meeting
best financial management practices standards, to work with the
team in implementing the district's action plan.
(2509-A added Dec. 23, 2003, P.L.304, No.48)
Section 2510-A. Revocation of certification.
(a) General rule.--The secretary may revoke the Keystone
District certification if at any time it determines that a
district is no longer complying with the Commonwealth's best
financial management practices standards.
(b) Immediate revocation.--Any district certified as a
Keystone District which, before its next scheduled review, is
deemed to be distressed by the secretary under section 691 or
is placed on the education empowerment list provided pursuant
to section 1703-B shall immediately have its certification
revoked.
(2510-A added Dec. 23, 2003, P.L.304, No.48)
Section 2511-A. Cost savings.
Cost savings resulting from implementation of the best
financial practices must be spent at the school and classroom
levels for teacher professional development, improving classroom
facilities, student supplies, textbooks, classroom technology,
school safety or any other instructional activity directly
affecting student performance and the learning environment.
(2511-A added Dec. 23, 2003, P.L.304, No.48)

ARTICLE XXVI.
STATE SCHOOL FUND.
Section 2601. How Constituted.--(2601 repealed Mar. 30,
1988, P.L.321, No.43)
Section 2602. Management and Custody.--All real and personal
property belonging to the State School Fund shall be wholly
under the control and management of the State Board of
Education. The net receipts derived in any way from, or on
account of, any real or personal property belonging to the State
School Fund, and all other moneys accruing to said fund, shall
always be promptly paid to the State Treasurer, and kept by him
in a separate account, subject to the disposal of the State
Board of Education as herein provided. The State Treasurer shall
deposit said funds in the properly authorized depositories for
State funds, and shall add to such funds the interest received
from the depositories for the use of the same. All income
derived from any investments of the State School Fund shall be
paid to the State Treasurer, and kept deposited as herein
provided in a separate account, subject to the order of the
State Board of Education. The State Treasurer and his bondsmen
shall be responsible for the safekeeping of, and accounting
for, said funds, in the same manner and under the same penalties
as for the safekeeping of, and accounting for, the other funds
of this Commonwealth.
(2602 amended Oct. 21, 1965, P.L.601, No.312)
Section 2603. Investments.--The State Board of Education
shall promptly invest, and keep invested as constantly as
possible, to the best advantage of the State School Fund, all
appropriations, devises, gifts, and other receipts for this
purpose, as a permanent State School Fund. Investments of the
permanent State School Fund may be made only in bonds properly
issued by the Government of the United States, the Commonwealth
of Pennsylvania, a school district in this Commonwealth, or in
municipal bonds in which savings banks of Pennsylvania are
authorized by law to invest their deposits, and all such
investments must be first approved by the Auditor General.
Such investments shall be converted into cash whenever
necessary to make the payments provided for in this article,
and to pay for salaries and wages, purchase of supplies and
other necessary and pertinent expenses of administration of
this article.
(2603 amended Oct. 21, 1965, P.L.601, No.312)
Section 2604. Use of Fund Appropriation.--In addition to
equalizing educational opportunities throughout the
Commonwealth, the State Board of Education may expend moneys
from the State School Fund of Pennsylvania for the purposes of
contractual research projects and any other activities approved
by the State Board of Education and deemed necessary for its
compliance with this article. Payments shall be made by the
State Treasurer on order of the State Board of Education, signed
by the chairman of the board. As much of the money in the State
School Fund of Pennsylvania, including principal and income,
as may be necessary, is specifically appropriated to the State
Board of Education to be used for the purposes and in the manner
prescribed in this article.
(2604 amended Mar. 30, 1988, P.L.321, No.43)
Section 2605. Payments; How Made.--(2605 repealed Mar. 30,
1988, P.L.321, No.43)
Section 2606. Reports of Condition of Fund.--The State
Treasurer shall report to the State Board of Education, at such
times as the board requests, the conditions of said fund, and

shall in his annual report make an itemized statement of the

receipts, disbursements, and amount on hand of said school fund
and its incomes. The State Board of Education shall annually
make to the Governor and to the Auditor General a complete
detailed report of the condition of said fund, including its
receipts, expenditures and investments.
(2606 amended Oct. 21, 1965, P.L.601, No.312)
Section 2607. Refunds of Escheated Estates;
Appropriation.--(2607 repealed Mar. 30, 1988, P.L.321, No.43)
ARTICLE XXVI-A.
SURPLUS GRANTS.
(Art. added July 10, 1986, P.L.1270, No.117)
Compiler's Note: Section 2607-A provided that Article XXVI-A
shall expire June 30, 1987.
Section
1987)
Section
Section
30, 1987)
Section
Section
Section
Section

2601-A.

Legislative Findings.--(Expired June 30,

2602-A. Definitions.--(Expired June 30, 1987)

2603-A. Certification of Recipients.--(Expired June
2604-A.
2605-A.
2606-A.
2607-A.

Surplus Grants.--(Expired June 30, 1987)

Use of Moneys.--(Expired June 30, 1987)
Forfeiture.--(Expired June 30, 1987)
Expiration.--(Expired June 30, 1987)

ARTICLE XXVI-B.
THE STATE BOARD OF EDUCATION.
(Art. added Mar. 30, 1988, P.L.321, No.43)
Section 2601-B. Definitions.--When used in this article the
following words and phrases shall have the following meanings:
(1) "Board" shall mean the State Board of Education.
(2) "State Board of Education" shall mean the entity known
as the State Board of Education and placed within, and made a
departmental administrative board of, the Department of
Education by section 202 of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
(2601-B added Mar. 30, 1988, P.L.321, No.43)
Section 2602-B. Membership.--(a) The board shall consist
of twenty-one (21) members, ten (10) of whom shall also serve
as members of the Council of Basic Education, and ten (10) of
whom shall also serve as members of the Council of Higher
Education. The member designated by the Governor as chairman
of the board shall also service as a member of the Council of
Basic Education and of the Council of Higher Education. Except
the legislative members, each member shall be appointed by the
Governor, by and with the advice and consent of a majority of
all the members of the Senate, and shall, except as hereinafter
provided, hold office for terms of six (6) years each or until
his successor has been appointed and has qualified. An
appointment to fill a vacancy shall be for the unexpired term
or until his successor has been appointed and has qualified.
The chairmen and minority chairmen of the House of
Representatives and Senate Education Committees, or their
respective designees from such committees, shall serve as ex
officio members of the board with full voting privileges and
shall serve as members for as long as they hold their respective
positions. The Chairman of the Professional Standards and
Practices Commission, or a commission member designated by the
chairman, created by the act of December 12, 1973 (P.L.397,

No.141), referred to as the Teacher Certification Law, shall

be an ex officio member of the board without voting privileges
or assignment to either council. Members shall receive no salary
but shall be entitled to travel expenses and other necessary
expenses incurred in the performance of their duties as members
of the board.
(b) Eleven (11) members shall constitute a quorum provided
that at least five (5) members serving on each of the councils
are present. The affirmative vote of a majority of all the
members of the board duly recorded showing how each member voted
shall be required in order to take action adopting statements
of policy, standards, rules and regulations. The board shall
meet at least six (6) times a year at such times and places as
it shall determine. Special meetings may be called by the
chairman or at the request of a majority of the members of the
board.
(c) An appointed member who fails to attend three (3)
consecutive board meetings shall forfeit his or her membership
on the board, unless the board chairman, upon written request
from the member, determines that the member should be excused
from a meeting or meetings for reasons of illness or the death
of an immediate family member.
(d) (1) The Governor shall designate, to serve at his
pleasure, a member as chairman of the board.
(2) The chairman of the board, or a member of the board
designated by the chairman, shall be an ex officio member of
the Professional Standards and Practices Commission, without
voting privileges.
(e) For the purpose of formulating policy proposals
applicable to elementary, secondary, vocational-technical
education and higher education in this Commonwealth, there shall
be two councils, which shall consist of ten (10) members of the
board each, the chairman being a member of both councils, and
shall be known as the Council of Basic Education and the Council
of Higher Education. The Governor shall designate to serve at
his pleasure a member serving on each council to act as chairman
of the council. Each council shall meet at the call of its
chairman or at the request of a majority of the members of the
council. The chairman of the board may appoint special joint
committees from among the members of the board to formulate
policy proposals in those areas which fall within the purview
of both of the councils.
(f) Except for the chairman, not more than two (2) members
serving on each council shall be employed either in a school
system or in the Department of Education. For purposes of this
subsection, the State System of Higher Education shall not be
considered a school system. Three (3) members of the Council
of Higher Education shall be actively employed by an institution
of higher education, at least one holding an administrative
position and at least one holding a professional position on a
faculty of an institution of higher education. At least two (2)
members serving on each council shall have had previous
experience with vocational-technical education or training.
(g) The Secretary of Education, or his designated
representative, shall be the chief executive officer of the
board, shall be entitled to attend all meetings of the board
and councils, and shall have the right to speak on all matters
before the board and the councils but not to vote.
(2602-B added Mar. 30, 1988, P.L.321, No.43)
Section 2603-B. Powers and Duties of the Board.--(a) The
board shall have the power, and its duty shall be, to review
the statements of policy, standards, rules and regulations

formulated by the Council of Basic Education and the Council

of Higher Education, and adopt broad policies and principles,
and establish standards governing the educational program of
the Commonwealth.
(b) The board and the Secretary of Education shall jointly
employ and fix the compensation of such staff as it deems
necessary to perform the duties of the board. The board shall
be entitled to legal counsel which shall be designated by the
Office of General Counsel, which legal counsel shall not also
be legal counsel to the Department of Education.
(c) The board shall develop an annual operating budget,
including projected operating expenses of the Professional
Standards and Practices Commission. It shall include salaries
for staff, office materials and equipment, and all expenses for
the operation of the board and commission. This budget shall
be presented to the Secretary of Education. Upon adoption of
the general appropriations act, the department shall notify the
board of the amount of its allocation.
(d) The board shall also have the authority and duty to:
(1) approve or disapprove an application for the creation
of a new school district, or change in the boundaries of an
existing school district;
(2) establish, whenever deemed advisable, committees of
professional and technical advisors to assist the councils in
performing research studies undertaken by them;
(3) manage and have custody of the State School Fund;
(4) (i) apply for, receive and administer, subject to any
applicable regulations or laws of the Federal Government or any
agency thereof, any Federal grants, appropriations, allocations
and programs for the development of academic facilities on
behalf of the Commonwealth, any of its school districts or any
institution of higher education, public or private, within this
Commonwealth;
(ii) subject to criteria developed by the Secretary of
Education and subject to any applicable regulations or laws of
the Federal Government or any agency thereof, to develop, alter,
amend and submit to the Federal Government State plans for
participation in Federal grants, appropriations, allocations
and programs for the development of academic facilities and to
make regulations, criteria, methods, forms, procedures and to
do all other things which may be necessary to make possible the
participation of the Commonwealth in such Federal grants,
appropriations, allocations and programs for the development
of academic facilities;
(iii) hold hearings, issue subpoenas and render decisions
as to the priority assigned to any project, or as to any other
matter or determination affecting any applicant for Federal
grants, appropriations, allocations and programs for the
development of academic facilities;
(iv) adopt rules or procedures and prescribe regulations
for the submission to it of all matters within its jurisdiction;
and
(v) submit, annually, to the Governor, on or before the
first Monday of December, a report of its proceedings during
that year, together with such recommendations as the board shall
deem necessary;
(5) adopt policies under which the Secretary of Education
shall approve or disapprove any action of a State-owned
university, community college or State-related or State-aided
college or university in establishing additional branches or
campuses, or in discontinuing branches or campuses;

(6) adopt policies under which the Secretary of Education

shall approve or disapprove any action of a State-owned
university, community college or State-related or State-aided
college or university in establishing new professional schools
or upper division programs by two (2) year institutions;
(7) adopt policies under which the Secretary of Education
shall approve or disapprove applications by two (2) year
institutions to become four (4) year institutions;
(8) adopt policies under which the Secretary of Education
shall approve or disapprove the request of any private
institution of higher education for admission to State-related
or State-aided status, or for eligibility for other State
financial support; and
(9) require the submission of long-range plans from all
public and private institutions of higher education at the times
and in the form requested by the board. Such documents shall
be reviewed by the Council of Higher Education and the board
in the development of a master plan for higher education as
provided in subsection (h) and section 2604-B(c)(1).
(10) (i) Approve or disapprove standards proposed by the
department in order to comply with the provisions of the No
Child Left Behind Act of 2001 to maintain the eligibility of
this Commonwealth to receive Federal funding for education
programs. The board shall approve or disapprove the standards
within 30 days of submission to the board's office or at its
next scheduled meeting, whichever is sooner. Failure of the
board to approve or disapprove the standards within the time
established under this section shall be deemed an approval of
the standards.
(ii) Standards promulgated under this section shall be
deposited with the Pennsylvania Bulletin for publication.
(iii) ((iii) expired June 30, 2004. See Act 82 of 2004.)
(iv) ((iv expired June 30, 2004. See Act 48 of 2003.)
((d) amended Dec. 23, 2003, P.L.304, No.48)
(e) With regard to State-owned institutions, approval or
disapproval by the Secretary of Education under the provisions
of clauses (5) and (6) of subsection (d) shall not be made until
after recommendation by the Board of Governors of the State
System of Higher Education, whenever such recommendation is
deemed necessary or required by law.
(f) No institution of higher education may proceed with any
action unless it has been approved by the Secretary of Education
under the provisions of clauses (5) through (8) of subsection
(d).
(g) With regard to approval by the Secretary of Education
under the provisions of clauses (5) through (8) of subsection
(d), no action to be financed wholly or in part from State
appropriations shall be taken by an institution of higher
learning (i) prior to the next fiscal year or until the General
Assembly approves the Governor's budget for the next fiscal
year, and (ii) prior to the Governor and the Secretary of the
Budget being provided with written notification of such
approval, including projected five (5) year fiscal analysis and
an explanation as to the necessity for the proposed action in
relation to the master plan for higher education.
(h) Every five (5) years, the board shall adopt a master
plan for higher education which shall be for the guidance of
the Governor, the General Assembly, and all institutions of
higher education financed wholly or in part from State
appropriations. The master plan shall:
(1) define the role of each type of institution (State-owned
universities, State-related universities, community colleges,

private colleges and universities and off-campus centers of any

of these and other institutions authorized to grant degrees)
in this Commonwealth;
(2) recommend enrollment levels for each such institution;
(3) recommend methods for governance;
(4) recommend methods for the distribution of State funds
among the institutions;
(5) evaluate the status of physical plants and technical
equipment and project needs;
(6) evaluate the status of and projection of manpower needs;
(7) evaluate enrollment accessibility to institutions of
higher learning by the public; and
(8) otherwise provide for an orderly development of
institutions of higher education in this Commonwealth.
(i) Every five (5) years, the board shall adopt a master
plan for basic education which shall be for the guidance of the
Governor, the General Assembly, and all public school entities.
The master plan shall consider and make recommendations on the
following areas, and any other areas which the board deems
appropriate:
(1) school program approval, evaluation and requirements;
(2) school personnel training and certification;
(3) student testing and assessment;
(4) school governance and organization;
(5) curriculum materials development;
(6) school finance;
(7) school buildings and facilities;
(8) transportation;
(9) technical services and support services to local
education agencies; and
(10) projected long-range needs of the public school system
of this Commonwealth.
(j) The board shall request from and receive publicly at a
scheduled meeting recommendations of the Professional Standards
and Practices Commission pertaining to teacher certification,
professional practices, accreditation of teacher-education
programs and long-range plans affecting these subject areas.
When such recommendations are received, the board shall consider
and review these recommendations during the development of any
statements of policy, guidelines, standards or rules and
regulations as they relate to the above subject areas. If such
recommendations are not received in a timely fashion, the board
may continue to develop and adopt statements of policy,
guidelines, standards or rules and regulations in these subject
areas.
(k) The board shall make all reasonable rules and
regulations necessary to effectuate the purposes of this article
and carry out all duties placed upon it by law.
(2603-B added Mar. 30, 1988, P.L.321, No.43)
Compiler's Note: Section 5 of Act 82 of 2004, which
reenacted subsection (d)(10)(iii), provided that the
reeactment shall apply retroactively to June 30, 2003.
Section 2604-B. Powers and Duties of Council of Basic
Education and Council of Higher Education.--(a) The board shall
engage in a constant review and appraisal of education in this
Commonwealth. The board's evaluation shall take into account
such matters as educational objectives, alternative
organizational patterns, alternative programs of study, and the
operating efficiency of the educational system. The chairman
of the board shall refer all studies and investigations to one
of its councils as hereinafter provided, and shall receive and

place on the board's agenda the findings and recommendations

of the councils for appropriate action by the board.
(b) The Council of Basic Education shall have the power,
and its duty shall be to:
(1) develop a master plan for basic education in this
Commonwealth, as provided by law, for adoption by the board;
(2) investigate programs, conduct research studies and
formulate policy proposals in all educational areas not within
the purview of higher education, including, but not limited to:
(i) the creation, merger, consolidation and reorganization
of school districts, the establishment of joint schools, area
vocational-technical schools and such other administrative
organizations as may be provided by law;
(ii) the operation of small high schools, one-room schools,
summer schools, extension education programs and such other
special schools as may be provided by law;
(iii) the location, design, safety, health and educational
features of public school buildings and equipment;
(iv) the transportation of public school pupils, vehicle
characteristics and driver qualifications;
(v) admission, attendance, graduation and other separation
requirements;
(vi) the education and training of exceptional children;
(vii) the subjects to be taught and the activities to be
conducted in elementary, secondary, adult education and other
schools; and
(viii) the qualifications for employment of professional
personnel in the public schools;
(3) encourage and promote such agricultural, industrial,
vocational and technical education programs as the needs of
this Commonwealth may, from time to time, require; and
(4) investigate and, if deemed appropriate, make
recommendations pertaining to the work of any schools of design,
schools of industrial arts or industrial schools to which the
General Assembly may make an appropriation.
(c) The Council of Higher Education shall have the power
and its duty shall be to:
(1) develop a master plan for higher education in this
Commonwealth, including a system of community colleges as
provided by law, for adoption by the board;
(2) develop standards for the approval of colleges and
universities for the granting of certificates and degrees;
(3) develop standards for all higher education building
projects involving the use of State funds or the funds of any
Commonwealth instrumentality; and
(4) investigate programs, conduct research studies and
formulate policy proposals in all areas pertaining to higher
education in this Commonwealth, including a system of community
colleges and technical institutes as provided by law.
(2604-B added Mar. 30, 1988, P.L.321, No.43)
Section 2605-B. Reports and Recommendations.--(a) Annually
in January, the board shall submit a comprehensive report of
its activities to the Governor and the General Assembly together
with its recommendations for improvements in education in this
Commonwealth. The board's report shall include a statement
outlining the expected benefits and projected costs of any
recommended course of action. The report shall also include
information regarding the ongoing review of the Master Plan for
Higher Education and the Master Plan for Basic Education and
list any projected changes.
(b) As it deems appropriate and necessary, the board may
make reports and requests to the General Assembly on such issues

as, pending legislation, proposed legislation, educational

policy, and any other programs or issues of which the board
believes the General Assembly should be aware.
(2605-B added Mar. 30, 1988, P.L.321, No.43)
Section 2606-B. Cooperation Between the Board and the
Department of Education.--Statements of policy, standards, rules
and regulations promulgated by the board shall be binding upon
the Department of Education. The department shall submit to the
board for approval, modification or rejection, all rules and
regulations proposed by the department in the areas under the
control of the board. The Department of Education shall furnish
upon request of the board such data and information as the board
may, from time to time, require, and the department shall
provide administrative services for and on behalf of the board
for the implementation of the board's statements of policy,
standards, rules and regulations.
(2606-B added Mar. 30, 1988, P.L.321, No.43)
ARTICLE XXVI-C
INSTITUTIONAL EQUIPMENT GRANTS
(Art. expired June 30, 1989. See Act 110 of 1988.)
Section 2601-C. Definitions.--(2601-C expired June 30, 1989.
See Act 110 of 1988.)
Section 2602-C. Certification of Recipients.--(2602-C
expired June 30, 1989. See Act 110 of 1988.)
Section 2603-C. Institutional Equipment Grants.--(2603-C
expired June 30, 1989. See Act 110 of 1988.)
Section 2604-C. Use of Moneys.--(2604-C expired June 30,
1989. See Act 110 of 1988.)
Section 2605-C. Forfeiture.--(2605-C expired June 30, 1989.
See Act 110 of 1988.)
Section 2606-C. Expiration.--(2606-C expired June 30, 1989.
See Act 110 of 1988.)
ARTICLE XXVI-D
EQUIPMENT GRANTS
(Art. expired June 30, 1990. See Act 43 of 1989.)
Section 2601-D. Definitions.--(2601-D expired June 30, 1990.
See Act 43 of 1989.)
Section 2602-D. Certification of Recipients.--(2602-D
expired June 30, 1990. See Act 43 of 1989.)
Section 2603-D. Institutional Equipment Grants.--(2603-D
expired June 30, 1990. See Act 43 of 1989.)
Section 2604-D. Use of Moneys.--(2604-D expired June 30,
1990. See Act 43 of 1989.)
Section 2605-D. Forfeiture.--(2605-D expired June 30, 1990.
See Act 43 of 1989.)
Section 2606-D. Expiration.--(2606-D expired June 30, 1990.
See Act 43 of 1989.)
ARTICLE XXVI-E
EQUIPMENT GRANTS
(Art. expired June 30, 1991. See Act 211 of 1990.)
Section 2601-E. Definitions.--(2601-E expired June 30, 1991.
See Act 211 of 1990.)

Section 2602-E. Certification of Recipients.--(2602-E

expired June 30, 1991. See Act 211 of 1990.)
Section 2603-E. Institutional Equipment Grants.--(2603-E
expired June 30, 1991. See Act 211 of 1990.)
Section 2604-E. Use of Moneys.--(2604-E expired June 30,
1991. See Act 211 of 1990.)
Section 2605-E. Forfeiture.--(2605-E expired June 30, 1991.
See Act 211 of 1990.)
Section 2606-E. Satisfaction of Expenditure
Requirements.--(2606-E expired June 30, 1991. See Act 211 of
1990.)
Section 2607-E. Expiration.--(2607-E expired June 30, 1991.
See Act 211 of 1990.)
ARTICLE XXVI-F
EQUIPMENT GRANTS
(Art. expired June 30, 1992. See Act 25 of 1991.)
Section 2601-F. Definitions.--(2601-F expired June 30, 1992.
See Act 25 of 1991.)
Section 2602-F. Certification of Recipients.--(2602-F
expired June 30, 1992. See Act 25 of 1991.)
Section 2603-F. Institutional Equipment Grants.--(2603-F
expired June 30, 1992. See Act 25 of 1991.)
Section 2604-F. Use of Moneys.--(2604-F expired June 30,
1992. See Act 25 of 1991.)
Section 2605-F. Forfeiture.--(2605-F expired June 30, 1992.
See Act 25 of 1991.)
Section 2606-F. Expiration.--(2606-F expired June 30, 1992.
See Act 25 of 1991.)
ARTICLE XXVI-G.
GRADUATE OPPORTUNITY FUND.
(XXVI-G added June 7, 1993, P.L.49, No.16)
Section 2601-G. Graduate Opportunity Fund.--(a) In addition
to any other powers and duties under the act of August 7, 1963
(P.L.549, No.290), referred to as the Pennsylvania Higher
Education Assistance Agency Act, the Pennsylvania Higher
Education Assistance Agency shall establish and administer a
fund to be known as the Graduate Opportunity Fund. The purpose
of this fund shall be to provide financial assistance to
disadvantaged students who desire to or who are attending
graduate school.
(b) The fund may accept donations and contributions from
all public and private sources, including the Federal Government
and any appropriations by the General Assembly.
(2601-G added June 7, 1993, P.L.49, No.16)
ARTICLE XXVI-H.
POST-SECONDARY DEGREES.
(Art. added June 25, 1997, P.L.297, No.30)
Section 2601-H. Power to Confer Degrees.--Notwithstanding
the provisions of section 305 of the act of December 19, 1990
(P.L.834, No.198), known as the "GAA Amendments Act of 1990,"
the Department of Education may grant a certificate of authority
to a for-profit corporation as defined in 15 Pa.C.S. (relating
to corporations and unincorporated associations) authorizing
the conferring of baccalaureate degrees in the arts, science,
philosophy or literature, but only upon students who have

completed a college or university course normally covering four

(4) years, or such other degrees at the associate, baccalaureate
or advanced level as may be specified in the certificate of
authority. Certificates of authority under this section shall
be granted in accordance with the provisions of 24 Pa.C.S. Ch.
65 (relating to private colleges, universities and seminaries).
The qualifications of admission to these four-year courses or
to advanced classes in these courses shall be not less than
four (4) years of academic or high school preparation, or its
equivalent, and shall be subject to the standards promulgated
by the State Board of Education.
(2601-H added June 25, 1997, P.L.297, No.30)
ARTICLE XXVI-I.
TEACHER RECRUITMENT ASSISTANCE.
(Art. added Dec. 23, 2003, P.L.304, No.48)
Section 2601-I. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Department." The Department of Education of the
Commonwealth.
"Designated Commonwealth rural or academic improvement school
district." An eligible rural or academic improvement public
school district that the Secretary of Education has certified
as having a need for teacher loan forgiveness assistance because
of difficulty in attracting qualified teachers.
"Eligible academic school improvement public school
district." A public school district that:
(1) has two or more schools identified for improvement
or corrective action under section 1116(c)(3) or (10) of the
No Child Left Behind Act of 2001;
(2) has been certified as distressed under section 691;
(3) has been certified as an education empowerment
district under section 1705-B or 1707-B; or
(4) has been placed on an education empowerment list
under section 1703-B.
"Eligible rural public school district." A public school
district that has a population of less than 300 per square mile
and either:
(1) more than 8% of the pupils in average daily
membership are low-income pupils as defined in section
2502.11; or
(2) the market value/income aid ratio as defined in
section 2501 is greater than seven-tenths.
"Qualified applicant." A person who meets all of the
following criteria:
(1) Is certified by the Department of Education to
teach.
(2) Is in the first year of full-time teaching.
(3) Is teaching in a designated Commonwealth rural or
academic improvement school district.
(4) Has borrowed through and has a current outstanding
balance with the agency-guaranteed Stafford or consolidation
loan programs.
"Secretary." The Secretary of Education of the Commonwealth.
(2601-I added Dec. 23, 2003, P.L.304, No.48)
Section 2602-I. Teacher recruitment assistance program.
(a) Purpose.--The program shall provide assistance to
designated Commonwealth rural or academic improvement public

school districts in recruiting teachers through a program of

teacher loan forgiveness as provided for in this article.
(b) Administration.--The agency shall administer the program
and adopt such regulations, policies, procedures and forms as
are necessary and not inconsistent with the provisions of this
article.
(2602-I added Dec. 23, 2003, P.L.304, No.48)
Section 2603-I. Teacher recruitment assistance.
(a) General rule.--A qualified applicant who is selected
in accordance with this article shall be eligible for an award
by the agency of a portion of the debt incurred by the applicant
through the agency-guaranteed Stafford or consolidation loan
programs for the education necessary to be certified to teach
in this Commonwealth.
(b) Forgiveness of loan.--For each academic year that the
eligible applicant is a full-time teacher in a designated
Commonwealth rural or academic improvement public school
district, the agency may forgive a proportional part of the
applicant's loan over four years of full-time teaching. No more
than $2,500 shall be forgiven in any year and no more than
$10,000 shall be forgiven for any eligible applicant.
(c) Payments.--Shall be made in accordance with procedures
established by the agency.
(2603-I added Dec. 23, 2003, P.L.304, No.48)
Section 2604-I. Loan forgiveness awards.
Recipients of teacher recruitment assistance awards shall
be those teachers who are certified by the department and who
have received a satisfactory rating by the district for the
academic year. Each teacher shall be required to submit such
documentation of continued eligibility as the agency may
require.
(2604-I added Dec. 23, 2003, P.L.304, No.48)
ARTICLE XXVII.
REPEALS.
Section 2701. Specific Repeals.--The following acts and
parts of acts and all amendments thereof are hereby repealed
to the extent hereinafter specified.
The act, approved the nineteenth day of March, one thousand
eight hundred four (Pamphlet Laws 298), entitled "An act to
provide for the more effectual education of the children of the
poor gratis," absolutely.
The act, approved the twelfth day of April, one thousand
eight hundred seventy-eight (Pamphlet Laws 13), entitled "An
act to authorize and provide for the payment of additional
appropriations to school districts in certain cases,"
absolutely.
The act, approved the twenty-fifth day of May, one thousand
eight hundred eighty-seven (Pamphlet Laws 271), entitled "An
act extending the time for which indigent pupils may be taught
in institutions for the instruction of the blind in this
Commonwealth," absolutely.
The act, approved the sixteenth day of May, one thousand
eight hundred ninety-five (Pamphlet Laws 72), entitled "An act
to provide for the attendance of children in the schools of
this Commonwealth and making an enumeration of children for
that purpose; also providing compensation for the assessors
making the enumeration and providing penalties for violations
of this act," absolutely.
Sections twelve and twenty-one of the act, approved the
eighteenth day of June, one thousand eight hundred ninety-five
(Pamphlet Laws 203), entitled "An act to provide for the more

effectual protection of the public health in the several

municipalities of this Commonwealth," absolutely.
The act, approved the twenty-seventh day of June, one
thousand eight hundred ninety-five (Pamphlet Laws 395), entitled
"An act to prevent the wearing in the public schools of this
Commonwealth, by any of the teachers thereof, of any dress,
insignia, marks or emblems indicating the fact that such teacher
is an adherent or member of any religious order, sect or
denomination, and imposing a fine upon the board of directors
of any public school permitting the same," absolutely.
The act, approved the twenty-eighth day of June, one thousand
eight hundred ninety-five (Pamphlet Laws 410), entitled "An act
to authorize the publication of school laws and decisions,"
absolutely.
The act, approved the twenty-eighth day of June, one thousand
eight hundred ninety-five (Pamphlet Laws 412), entitled "An act
to authorize and empower the trustees of any State Normal School
now established within the Commonwealth of Pennsylvania, or
which may hereafter be established, to enter into an agreement
with the school directors of any school district by which the
pupils of any such school district may be instructed at and in
such State Normal School," absolutely.
The act, approved the eighth day of March, one thousand nine
hundred one (Pamphlet Laws 49), entitled "An act relating to
the study and practice of physical culture in the public
schools," absolutely.
The act, approved the twenty-third day of May, one thousand
nine hundred seven (Pamphlet Laws 225), entitled "An act
providing for the payment of the premiums on bonds of county,
city, borough, school district, and township employes," in so
far as it confers powers or imposes duties on school districts.
The act, approved the thirteenth day of April, one thousand
nine hundred eleven (Pamphlet Laws 63), entitled "An act to
promote the consolidation of public schools," absolutely.
The act, approved the twelfth day of May, one thousand nine
hundred eleven (Pamphlet Laws 294), entitled "An act to require
fire drills in public schools," absolutely.
The act, approved the eighteenth day of May, one thousand
nine hundred eleven (Pamphlet Laws 309), entitled "An act to
establish a public school system in the Commonwealth of
Pennsylvania, together with the provisions by which it shall
be administered, and prescribing penalties for the violation
thereof; providing revenue to establish and maintain the same,
and the method of collecting such revenue; and repealing all
laws, general, special or local, or any parts thereof, that are
or may be inconsistent therewith," absolutely, except
validations of past actions contained in any amendment thereof.
The act, approved the first day of May, one thousand nine
hundred thirteen (Pamphlet Laws 138), entitled "An act defining
vocational education; providing for the establishment and
regulation of vocational schools; and providing for State aid
in the maintenance thereof; and for the payment of tuition by
certain school districts, and reimbursement thereof by the
State," absolutely.
The act, approved the twentieth day of May, one thousand
nine hundred thirteen (Pamphlet Laws 226), entitled "An act
regulating the reading of the Holy Bible in the public schools
of this Commonwealth," absolutely.
The act, approved the thirteenth day of May, one thousand
nine hundred fifteen (Pamphlet Laws 311), entitled "An act
relating to appeals from the reports of auditors of school
districts of the second, third, and fourth classes," absolutely.

The act, approved the twenty-eighth day of May, one thousand

nine hundred fifteen (Pamphlet Laws 634), entitled "An act to
create in Pennsylvania what shall be known as Bird Day, and
requiring all teachers in our public schools, upon that day,
to make a special effort in teaching the value of the life-work
of birds to our people," absolutely.
The act, approved the first day of June, one thousand nine
hundred fifteen (Pamphlet Laws 706), entitled "An act requiring
the county commissioners to provide, at the expense of the
county, a telephone, typewriter, and stenographer for the use
of the county superintendent of schools," absolutely.
The act, approved the tenth day of May, one thousand nine
hundred seventeen (Pamphlet Laws 158), entitled "An act to
authorize counties, cities, boroughs, towns, townships, school
districts, and poor districts to require a bond to protect labor
and material-men, and providing for suits thereon by laborers
and material-men furnishing labor and material in and about the
erection, alteration, addition, and repair of public buildings,"
in so far as it confers powers or imposes duties on school
districts.
The act, approved the sixteenth day of May, one thousand
nine hundred nineteen (Pamphlet Laws 196), entitled "An act
providing for the time during which pupils may be taught in
institutions for the instruction of the blind in this
Commonwealth," absolutely.
The act, approved the twenty-third day of May, one thousand
nine hundred nineteen (Pamphlet Laws 288), entitled "An act
designating Frances Willard Day in the public schools,"
absolutely.
The act, approved the eighteenth day of June, one thousand
nine hundred nineteen (Pamphlet Laws 498), entitled "An act
defining consolidation of schools; providing for the
establishment and regulation of consolidated schools; and
providing for State aid for the transportation of pupils to and
from consolidated schools," absolutely.
The act, approved the eighth day of July, one thousand nine
hundred nineteen (Pamphlet Laws 764), entitled "An act to
provide instruction in citizenship and the principles of the
government of the United States of America and of this
Commonwealth to foreign born residents of the State of
Pennsylvania, in the several counties thereof, who are not
required to attend the public schools of this Commonwealth;
providing for the appointment of instructors and interpreters;
and providing for their compensation, payable by the several
counties; and defining the powers and duties of such instructors
and the county superintendents of schools," absolutely.
Sections five and seven of the act, approved the eighth day
of July, one thousand nine hundred nineteen (Pamphlet Laws 784),
entitled "An act empowering cities of the second and third
classes, boroughs, and counties, to acquire, maintain, and
operate playgrounds, playfields, gymnasiums, public baths,
swimming pools, and indoor recreation centers; authorizing
school districts to join in the maintenance and operation of
said activities; and authorizing the issue of bonds and the
levy of taxes for such purposes," in so far as they confer
powers or impose duties on school districts.
The act, approved the eighteenth day of July, one thousand
nine hundred nineteen (Pamphlet Laws 1044), entitled "An act
to assist worthy young men and women graduates of secondary
schools of the State to obtain a higher education, and making
an appropriation," absolutely.

The act, approved the seventeenth day of May, one thousand

nine hundred twenty-one (Pamphlet Laws 837), entitled "An act
authorizing the purchasing or building of residences for
principals, teachers, or janitors by school districts of the
fourth class," absolutely.
The act, approved the twentieth day of May, one thousand
nine hundred twenty-one (Pamphlet Laws 1034), entitled "An act
to provide for the payment of moneys to school districts the
taxes of which are reduced by the acquisition of lands and
property by the Commonwealth for the conservation of water and
to prevent flood conditions," absolutely.
The act, approved the twenty-third day of May, one thousand
nine hundred twenty-three (Pamphlet Laws 351), entitled "An act
to require the teaching of the Constitution of the United States
in the public and private schools," in so far as it applies to
public schools and State teachers' colleges.
The act, approved the eighteenth day of June, one thousand
nine hundred twenty-three (Pamphlet Laws 838), entitled "An act
empowering school districts to employ policemen," absolutely.
The act, approved the twenty-seventh day of April, one
thousand nine hundred twenty-five (Pamphlet Laws 305), entitled
"An act authorizing counties, cities, boroughs, incorporated
towns, townships, and school districts to make contracts of
insurance with mutual fire insurance companies duly authorized
to transact business in the Commonwealth of Pennsylvania," in
so far as it confers powers and imposes duties on school
districts.
The act, approved the second day of May, one thousand nine
hundred twenty-five (Pamphlet Laws 492), entitled "An act to
provide for the equalization of educational opportunity and the
encouragement of the study of citizenship by recognition of
extension education, for boys and girls who are employed and
for adults, as a function of the public schools of this
Commonwealth; and to facilitate the proper organization and
administration of such extension education," absolutely.
Section seven of the act, approved the twenty-seventh day
of April, one thousand nine hundred twenty-seven (Pamphlet Laws
450), entitled, as last amended "An act relating to fires and
fire prevention; imposing duties and conferring powers upon the
Pennsylvania State Police; authorizing the appointment of the
chiefs of fire departments and certain public officers and
others as assistants to the Pennsylvania State Police, and
defining their powers and duties; providing for the
investigation of the cause, origin, and circumstance of fires
and the inspection of all, and the removal or change of, certain
buildings by owners and occupants thereof, including political
subdivisions; imposing duties on school authorities and on
certain corporations, associations, and fire rating agencies;
providing for the attendance of witnesses before the
Pennsylvania State Police, and the enforcement of its orders;
and prescribing penalties," absolutely.
The act, approved the fourth day of May, one thousand nine
hundred twenty-seven (Pamphlet Laws 738), entitled "An act
requiring counties, cities, boroughs, towns, townships, school
districts, and poor districts, when fixing rates of taxation
in mills, to express such rates also in dollars and cents," in
so far as it imposes duties on directors of school districts.
The act, approved the eleventh day of April, one thousand
nine hundred twenty-nine (Pamphlet Laws 488), entitled "An act
requiring county commissioners to provide, at the expense of
the county, telephone, typewriter, and stenographic services
for the county superintendent of schools," absolutely.

The act, approved the twenty-second day of April, one

thousand nine hundred twenty-nine (Pamphlet Laws 630), entitled
"An act providing for the payment of counsel fees out of moneys
recovered for counties, townships, boroughs, school districts,
or poor districts, upon appeals from the county auditors'
settlements of the accounts of public officers," in so far as
it relates to school districts.
The act, approved the twenty-second day of June, one thousand
nine hundred thirty-one (Pamphlet Laws 660), entitled "An act
providing for the observance of the birthday of William Penn,
Founder of Pennsylvania; and repealing inconsistent
legislation," in so far as it relates to public schools and
other educational institutions under the Commonwealth.
The act, approved the twenty-second day of June, one thousand
nine hundred thirty-one (Pamphlet Laws 844), entitled, as
amended "An act authorizing the Commonwealth of Pennsylvania,
or any department or division thereof, and counties, cities,
boroughs, incorporated towns, townships, school districts,
vocational school districts, and institution districts to make
contracts of life, health, hospitalization, medical services,
and accident policies for the benefit of employes thereof, and
contracts for pensions for such employes; and providing for the
payment of the cost thereof," in so far as it relates to school
districts.
The act, approved the twenty-second day of June, one thousand
nine hundred thirty-one (Pamphlet Laws 845), entitled "An act
authorizing the publication of advertisements for bids for
public works, supplies or equipment in certain publications and
journals devoted to information about construction work," in
so far as it relates to school districts.
The act, approved the first day of May, one thousand nine
hundred thirty-five (Pamphlet Laws 124), entitled "An act
authorizing the insurance of deposits of funds, of this
Commonwealth and of the political subdivisions thereof, with
the Federal Deposit Insurance Corporation or other similar
agency; and prohibiting requiring further security for amounts
so insured," in so far as it relates to school districts.
The act, approved the fifth day of June, one thousand nine
hundred thirty-five (Pamphlet Laws 275), entitled "An act
providing for the observance of Free School Day in commemoration
of the founding and development of free public schools in the
Commonwealth," absolutely.
The act, approved the eighteenth day of July, one thousand
nine hundred thirty-five (Pamphlet Laws 1173), entitled "An act
to prohibit discrimination on account of race, creed or color
in employment under contracts for public buildings or public
works," in so far as it relates to school districts.
The act, approved the nineteenth day of July, one thousand
nine hundred thirty-five (Pamphlet Laws 1321), entitled "An act
requiring specifications for the construction, alteration, or
repair of public works of the Commonwealth, county,
municipality, or other subdivisions of the Commonwealth, to
contain a provision that the laborers or mechanics employed
thereon shall have been residents of this Commonwealth for at
least ninety days prior to their employment; and prescribing
penalties," in so far as it relates to school districts.
The act, approved the nineteenth day of July, one thousand
nine hundred thirty-five (Pamphlet Laws 1349), entitled "An act
providing for the purchase and for the distribution of vitamin
products, as defined in this act, to certain pupils in the
public schools; conferring powers and imposing duties on the
Department of Health, the Department of Public Instruction, the

Department of Property and Supplies, school districts, teachers,

and medical inspectors of schools; and making an appropriation,"
absolutely.
The act, approved the sixteenth day of March, one thousand
nine hundred thirty-seven (Pamphlet Laws 98), entitled "An act
authorizing political subdivisions to stipulate in
specifications, upon which contracts for the construction,
alteration or repairs of any public work or improvement are
entered into, the minimum wages to be paid to laborers and
mechanics, and providing for the stipulation of penalties in
such contracts where such minimum wage stipulations are
violated, and for the recovery of such penalties, and their
return in certain cases," in so far as it relates to school
districts.
The act, approved the first day of July, one thousand nine
hundred thirty-seven (Pamphlet Laws 2603), entitled "An act
relating to vocational education; creating vocational school
districts for the purpose of conducting systems of vocational
schools, departments or classes; providing for their government;
prescribing their powers and duties; conferring powers and
imposing duties on school districts and on the State Board for
Vocational Education; and providing for referendum in certain
cases," absolutely.
The act, approved the second day of July, one thousand nine
hundred thirty-seven (Pamphlet Laws 2721), entitled "An act
concerning children under six years of age with defective
hearing; imposing duties on the Department of Health, the
Department of Public Instruction, on parents, guardians, nurses,
and physicians; and placing certain costs on school districts;
and making an appropriation," in so far as it confers powers
or imposes duties or liabilities on school districts or on the
Superintendent of Public Instruction.
Section four of the act, approved the nineteenth day of June,
one thousand nine hundred forty-one (Pamphlet Laws 143),
entitled "An act designating certain days of each year as Arbor
Days and Bird Days, one of which days shall be the ninth day
of April, except when the ninth day of April falls on Saturday,
Sunday or Good Friday; providing that the week of the ninth of
April be proclaimed as Conservation Week, and directing suitable
observance of Arbor Days and Bird Days in public schools under
the direction of superintendents and teachers," absolutely.
The act, approved the twenty-eighth day of July, one thousand
nine hundred forty-one (Pamphlet Laws 560), entitled "An act
authorizing and empowering school districts of the first and
second class to furnish food, including milk, to undernourished
and poor school children in their districts, and providing that
the acceptance and distribution of surplus commodities furnished
by the Federal Government to such school districts shall not
affect or limit the provisions hereof," absolutely.
The act, approved the twenty-eighth day of July, one thousand
nine hundred forty-one (Pamphlet Laws 564), entitled "An act
providing for the observance of a Bill of Rights Week in the
public schools of this Commonwealth," absolutely.
The act, approved the twenty-eighth day of July, one thousand
nine hundred forty-one (Pamphlet Laws 565), entitled "An act
providing that when inmates of an orphans' home or other
children's institution or private home are maintained at the
cost of any county, other than a county of the second class,
or at the cost of a county institution district, other than in
a county of the second class, and attend public school, and are
not legal residents of such school district, the county shall

pay their tuition charges and collect the same from the school
district liable therefor," absolutely.
The act, approved the first day of August, one thousand nine
hundred forty-one (Pamphlet Laws 744), entitled "An act
requiring school boards in all school districts, and boards of
directors of all vocational school districts, to grant leaves
of absence to all school employes who shall volunteer or be
called for military or naval service in time of war or during
a state of national emergency; preserving certain contracts,
salaries, increments, retirement rights, seniority, State
contributions and grants to local school boards, eligibility
lists, reemployment; authorizing school boards and boards of
directors of vocational schools to employ substitutes in place
of such employes; requiring school districts and vocational
school districts to make additional payments into the School
Employes' Retirement Fund; reserving all rights and privileges
of employes granted leaves of absence under the provisions
herein, and superseding or repealing all contrary laws,"
absolutely.
The act, approved the first day of June, one thousand nine
hundred forty-five (Pamphlet Laws 1222), entitled "An act
providing for the complete medical and dental examination of
all children of school age, and teachers and other school
employes in the public and private elementary and secondary
schools of the Commonwealth; and imposing certain duties upon
the Department of Health, and the Department of Public
Instruction; and making an appropriation," absolutely.
The act, approved the twenty-fourth day of April, one
thousand nine hundred forty-seven (Pamphlet Laws 113), entitled
"An act to provide for the establishment, maintenance, operation
and expansion of non-profit school lunch programs in schools
in the Commonwealth of Pennsylvania," absolutely.
The act, approved the thirty-first day of May, one thousand
nine hundred forty-seven (Pamphlet Laws 334), entitled "An act
requiring that all meetings of legislative bodies of political
subdivisions and of boards, commissions and authorities, created
by or operating as agencies of political subdivisions at which
ordinances, resolutions, rules, regulations and other actions
are adopted to be open to the public; permitting the holding
of executive sessions from which the public is excluded, but
prohibiting the adoption of ordinances, resolutions, rules and
regulations at such sessions," in so far as it applies to school
districts. (Par. amended May 9, 1949, P.L.939, No.263)
Section 2702. General Repeal.--All other acts and parts of
acts inconsistent herewith are hereby repealed.
APPENDIX
------Supplementary Provisions of Amendatory Statutes
------1975, DECEMBER 19, P.L.511, NO.150
Section 5. The provisions of this act shall apply to school
districts of the first class A only from the first Monday of
December following the election of a board of public education
in accordance with section 302.1(a) of the "Public School Code
of 1949."

Compiler's Note: Act 150 added or amended sections

302.1, 633, 652.1 and 1003 of Act 14.
1982, JUNE 25, P.L.643, NO.182
Section 3. Within 60 days of the passage of this act, any
elected Board of Public Education in any school district of the
first class A, in addition to its regular annual levies may,
by additional ordinance, levy the following taxes for the fiscal
years beginning January 1, 1981 and January 1, 1982:
(a) For fiscal year beginning January 1, 1981:
(1) A total tax of 41 mills on the dollar of the total
assessment of all property assessed and certified for
taxation in the territory constituting the district.
(2) A total tax of 1.5% on wages, salaries, commissions
and other earned income of individuals.
(b) For fiscal year beginning January 1, 1982:
(1) A total tax of 36 mills on the dollar of the total
assessment of all property assessed and certified for
taxation in the territory constituting the district.
(2) A total tax of 1.5% on wages, salaries, commissions
and other earned income of individuals.
1997, JUNE 19, P.L.225, NO.22
Section 2. (a) The General Assembly finds and declares as
follows:
(1) A well-trained and well-educated work force is
essential to the economic well-being of this Commonwealth.
(2) Many of the fastest growing sectors of the economy
are in areas which require technical competence and an
educational background that includes a solid foundation in
the chemical, physical, biological and earth sciences.
(3) Sharing resources is a cost-effective and proven
method of ensuring that all of this Commonwealth's school
children have access to a high-quality science curriculum
that provides hand-on experience with modern and
sophisticated scientific and technical equipment to prepare
students for the high-technology demands of the 21st century.
(4) Significant opportunities exist for collaboration
between the basic education and higher education systems of
this Commonwealth to enhance the education of this
Commonwealth's school children.
(5) Students need the opportunity to learn science by
practicing science. This Commonwealth must graduate students
who are more scientifically literate and who are better able
to pursue careers and jobs in fields that require such
literacy.
(6) Teachers who are the only physics or chemistry
teacher in their school need not work in isolation.
(7) Teachers require greater opportunities for
professional development in science, including training to
incorporate new science equipment into the teaching
curricula.
(8) It is therefore the intent of the General Assembly
and a purpose of this act to direct the Department of
Education to examine the feasibility of establishing the
Pennsylvania Science Partnership Program to provide enhanced
educational opportunities in the fields of science to this
Commonwealth's school children, especially children attending

schools that do not have the financial resources to provide

an enriched science curriculum.
(b) The department shall file a report with the Governor
and with the chairman and minority chairman of the Education
Committee of the Senate and the chairman and minority chairman
of the Education Committee of the House of Representatives on
the feasibility of establishing a Pennsylvania Science
Partnership Program by January 1, 1998. The report shall
describe the types of science partnerships created in selected
communities of this Commonwealth, to be determined by the
Secretary of Education. At a minimum, programs of this type in
Philadelphia, Pittsburgh and at Juniata College and Lebanon
Valley College shall be examined. The department shall consider
the benefits of the partnership and the involvement of school
districts, higher education institutions and science museums.
The department shall survey school districts to determine the
number of elementary and secondary education students
participating in various science programs, a detailed breakdown
of the costs of these programs and the impact of the programs
on the level of scientific knowledge of school children.
(c) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Higher education institution." Any institution of higher
education in this Commonwealth authorized to grant
collegiate-level degrees and which has received total
institutional accreditation by an accrediting agency recognized
by the Federal Government, the Department of Education and the
State Board of Education.
Compiler's Note: Act 22 added Article XVII-A of Act 14.
Section 3. (a) The sum of $1,000,000, or as much thereof
as may be necessary, is hereby appropriated for the fiscal year
July 1, 1997, to June 30, 1998, from the General Fund to the
Department of Education to pay for temporary financial
assistance under section 1725-A(b) to school districts on behalf
of students enrolled in charter schools who attended a nonpublic
school in the prior fiscal year.
(b) The sum of $7,500,000, or as much there of as may be
necessary, is hereby appropriated from the General Fund to the
Department of Education to pay for transitional funding grants
under section 1725-A(c) to school districts. These funds shall
lapse June 30, 1999.
(c) The sum of $4,000,000 of Federal funds available under
the Improving America's Schools Act of 1994 (Public Law 103-382,
108 Stat. 3518) is hereby appropriated to the Department of
Education for purposes of implementing the provisions of this
act. These funds shall lapse June 30, 1998.
Section 4. All acts and parts of acts are repealed insofar
as they are inconsistent with this act.
Section 5. This act shall take effect immediately.
1997, JUNE 19, P.L.225, NO.22
Section 26. (a) A school district of the first class shall
commence the 1998-1999 school year no later than September 8,
1998, and shall provide school students with a minimum
instructional year as required by section 1501 of the act to
be completed no later than June 30, 1999.

(b) All professional employees and other employees of the

school district of the first class shall report for duty and
fulfill their duties as required by the appropriate contract
or work agreement. Any employee of the school district of the
first class who fails to comply with the provisions of this
section shall be subject to suspension of any certificate for
a period of one year, to disciplinary action for illegal work
stoppage or to other discipline as provided for in this act.
(c) In addition to the penalties set forth in subsection
(b), any employee, administrator or person responsible for
unlocking, opening or maintaining a school building who does
not fulfill their responsibility or impedes others from
fulfilling their responsibilities shall be subject to
disciplinary action. In addition, any individual who violates
this section who is a member of the Pennsylvania Public School
Employees' Retirement System shall be permanently barred from
exercising any option for early retirement which may be
authorized now or in the future.
1998, APRIL 27, P.L.270, NO.46
Section 26. (a) A school district of the first class shall
commence the 1998-1999 school year no later than September 8,
1998, and shall provide school students with a minimum
instructional year as required by section 1501 of the act to
be completed no later than June 30, 1999.
(b) All professional employees and other employees of the
school district of the first class shall report for duty and
fulfill their duties as required by the appropriate contract
or work agreement. Any employee of the school district of the
first class who fails to comply with the provisions of this
section shall be subject to suspension of any certificate for
a period of one year, to disciplinary action for illegal work
stoppage or to other discipline as provided for in this act.
(c) In addition to the penalties set forth in subsection
(b), any employee, administrator or person responsible for
unlocking, opening or maintaining a school building who does
not fulfill their responsibility or impedes others from
fulfilling their responsibilities shall be subject to
disciplinary action. In addition, any individual who violates
this section who is a member of the Pennsylvania Public School
Employees' Retirement System shall be permanently barred from
exercising any option for early retirement which may be
authorized now or in the future.
Compiler's Note: Act 46 added, amended or repealed
sections 102, 507, 691, 696, 917.1-A, 919.1-A, 922.1-A,
1317.3, 1548, 1502-A, 1503-A, 1504-A, 1505-A, 1913-A,
2003-A.1, 2006-A, 2010-A, 2501, 2502.13, 2502.30,, 2502.35,
2509.1, 2509.3, 2509.5, 2595, 2598, and 2599.
2010, NOVEMBER 17, P.L.996, NO.104
Section 23. The General Assembly finds and declares, in the
enactment of section 1553 of the act, the following:
(1) Criminal acts committed against teenagers by other
young persons are a serious problem in this Commonwealth.
(2) Many of the criminal acts take the form of dating
violence.
(3) On August 15, 2007, Demi Brae Cuccia, a 16-year-old
student at Gateway High School in Monroeville, Allegheny

County, was fatally stabbed 16 times by her former boyfriend,

who then made an unsuccessful attempt to take his own life.
(4) The 18-year-old person arrested for the brutal
attack was convicted of first degree murder and was sentenced
to life in prison without parole.
(5) In order to educate teens and their parents
regarding teen dating violence, the family of Demi Brae
Cuccia has established the Demi Brae Awareness Organization.
(6) Students in our secondary schools should be educated
about the dangers of teen dating violence so that other
teenagers will not have to share the same fate as Demi Brae
Cuccia.
Compiler's Note: Act 104 amended or added sections
218, 221, 222, 921-A, and 921-A, Subdivision (i) of Article
XI, Article XI-B, sections 1209, 1302, 1377.2, 1301-A,
1302-A, 1302.1-A, 1303-A, 1414.1, 1418, 1422.1, 1422.3, 1552
and 1553, Article XV-F, sections 1611 and 1722-A, Articles
XX-E, XX-F and XX-G and section 2252.1 of Act 14.
2011, JUNE 30, P.L.112, NO.24
Section 42. Nothing in the amendment or addition of sections
1205.1(f) and 1205.2(a), (f) and (n.1) of the act shall be
construed to supersede or preempt any provision of a collective
bargaining agreement relating to continuing professional
development negotiated by a school entity and an exclusive
representative of the employees in accordance with the act of
July 23, 1970 (P.L.563, No.195), known as the Public Employe
Relations Act, which is in effect on the effective date of this
section.
Section 42.1. For the 2011-2012 fiscal year, the Department
of Education may utilize up to $4,500,000 of undistributed funds
not expended, encumbered or committed from appropriations for
grants and subsidies made to the department to assist school
districts certified on or before June 30, 2010, as an education
empowerment district under section 1705-B(h)(3) of the act.
Compiler's Note: Act 24 amended, added, deleted or
repealed sections 111, 118, 221.1, 223, 615, 703, 731, 731.1,
907-A and 921-A, the heading of Article X and sections 1001,
1003, 1134, 1201, 1203, 1205.1, 1205.2, 1205.5, 1206, 1207.1,
1304, 1376, 1303-A, 1310-A, 1311-A, 1312-A, 1604-A, 1602-B,
1611-B, 1612-B, 1613-B, 1614-B, 1724-A, 1913-A, 2002-C,
2006.1-C, 2318, 2501, 2502.48, 2502.29, 2502.50, 2509.1,
2509.5, 2510.1, 2541 and 2599.1 of Act 14.
2012, APRIL 12, P.L.239, NO.31
Preamble:
The General Assembly finds and declares that:
(1) Motor vehicle accidents are the leading cause of
teen fatalities in this Commonwealth.
(2) In 2008, 154 teens between 15 and 19 years of age
were killed in motor vehicle accidents in this Commonwealth.
(3) Teen driver education introduces new teen drivers
to the hazards of driving and helps to reduce the risk of
motor vehicle accidents involving teens.
(4) There is a shortage of professional educators
certified by the Department of Education to teach driver
education.

(5) Due to extreme financial strain or the lack of

professional educators certified by the Department of
Education to teach driver education, many school districts
in this Commonwealth no longer provide theoretical driver
education in the classroom.
(6) In the absence of a professional educator certified
by the Department of Education to teach driver education,
who is available and willing to teach in the school district,
a school district should be permitted to contract with a
private driver training instructor or private driver training
school to teach theoretical driver education in the
classroom.
Compiler's Note: Act 31 amended section 1519 of Act
14.
2012, JUNE 30, P.L.684, NO.82
Section 34. This act shall apply as follows:
(1) The amendment or addition of sections 1073, 1073.1,
1076, 1077, 1078 and 1080 of the act shall apply to contracts
of district superintendents or assistant district
superintendents entered into or renewed on or after November
1, 2012.
(2) To contracts and purchases advertised on or after
July 1, 2012, or immediately, whichever is later.
Compiler's Note: Act 82 amended, added or repealed
sections 102, 111, 118, 119, 120, 121, 221.1, 616, 617,
732.1, 751, 807.1, 1003, 1073, 1073.1, 1076, 1077, 1078,
1080, 1123, 1124, 1205.1, 1308, 1337.1, 1302.1-A, 1422.1,
1424 and 1524, Article XV-G, section 1607, Article XVI-C and
sections 1704-B, 1913-A, 1913-B.1, 2003-A.1, 2010-A, 2104,
2319, 2502.51, 2509.1, 2509.5, 2510.2, 2574, 2599.2, 2599.4
and 2506-A of Act 14.
2013, JULY 1, P.L.194, NO.33
Section 2. The addition of section 1178(e) of the act shall
apply to leaves of absence or military leaves of absence that
are granted on or after the effective date of this section.
Compiler's Note: Act 33 amended section 1178.
Section 3. The addition of section 1178(e) shall not:
(1) Create in any member of the Public School Employees'
Retirement System or in any other person claiming an interest
in the account of any member a contractual right, either
expressed or implied, in relation to requirements for
qualification of the Public School Employees' Retirement
System as a qualified pension plan under the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. 1 et seq.).
(2) Establish compliance with or affect any construction
of:
(i) 38 U.S.C. Ch. 43, known as the Uniformed
Services Employment and Reemployment Rights Act.
(ii) 24 Pa.C.S. Pt. IV or any rules or regulations
adopted under 24 Pa.C.S. Pt. IV.
2013, JULY 9, P.L.408, NO.59
Preamble:
The General Assembly finds and declares as follows:

(1) It is the purpose of this act to provide fiscal

support for the educational system in the Commonwealth.
(2) Pennsylvania currently has over 3,100 public schools
organized into 500 school districts, and those schools
educate approximately 1.7 million students every year.
(3) Article III, section 24, of the Constitution of
Pennsylvania requires the General Assembly to adopt all
appropriations for the operation of government in the
Commonwealth. The Supreme Court has repeatedly affirmed that,
"It is fundamental within Pennsylvania's tripartite system
that the General Assembly enacts the legislation establishing
those programs which the state provides for its citizens and
appropriates the funds necessary for their operation."
(4) Article III, section 11, of the Constitution of
Pennsylvania requires the adoption of a general appropriation
bill that embraces "nothing but appropriations." While actual
appropriations can be contained in a General Appropriation
Act, the achievement and implementation of a comprehensive
budget involves much more than appropriations. Ultimately,
the budget has to be balanced under Article VIII, section
13, of the Constitution of Pennsylvania. This may necessitate
changes to sources of funding and enactment of statutes to
achieve full compliance with these constitutional provisions.
(5) Therefore, it is the intent of the General Assembly
through this act to provide implementation of the 2013-2014
Commonwealth budget as it affects the operations of and
funding for our educational system and promotes the health,
safety and welfare of our children.
(6) This act will:
(i) Provide a community college funding formula.
(ii) Provide basic education funding for the
2012-2013 school year.
(iii) Provide for special education payments.
(iv) Provide funds for implementing the act of
December 12, 1973 (P.L.397, No.141), known as the
Professional Educator Discipline Act.
(v) Provide for payment on account of equipment
purchased for area vocational-technical schools and
technical institutes.
(vi) Remove the health assessment requirement for
a teacher's certification to avoid duplicate costs.
(vii) Provide for funding to community education
councils.
(viii) Provide funding for financial aid in distance
education through the Pennsylvania Higher Education
Assistance Agency.
Compiler's Note: Act 59 amended or added section 122,
616.1, 687, 732.1, 1209, 1216.1, 1913-A, 1905-D, 2133,
2502.52, 2508.5, 2509.1, 2509.5, 2510.3, 2599.2 and 2599.5
of Act 14.
2014, JUNE 26, P.L.776, NO.70
Preamble:
The General Assembly finds and declares as follows:
(1) To provide children with an understanding of the
importance of the protection of human rights and the
potential consequences of unchecked ignorance, discrimination
and persecution, it is a matter of high priority that
children in this Commonwealth be educated concerning the
Holocaust, genocide and other human rights violations.

(2) Therefore, the General Assembly strongly encourages

school entities in this Commonwealth to offer instruction
in the Holocaust, genocide and other human rights violations.
Compiler's Note: Act 70 added section 1554 of Act 14.