2023 Pa. Act 33 | Pennsylvania Act 2023-33 — PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS

Act text

PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS
	Act of Dec. 13, 2023, P.L. 187, No. 33	Cl. 24

Session of 2023

No. 2023-33

HB 301

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto," in preliminary provisions, further providing for special provisions applicable to limited school years; in duties and powers of board of school directors, further providing for additional schools and departments; in grounds and buildings, further providing for limitation on new applications for Department of Education approval of public school building projects; in school directors' associations and county boards of school directors, further providing for powers and duties; in intermediate units, further providing for visual services and for school safety and security enhancements; in certification of teachers, further providing for substitute teaching permit for prospective teachers and for locally issued temporary certification for substitute teachers, repealing provisions relating to permit for classroom monitors and providing for permit for classroom monitors; providing for the Educator Pipeline Support Grant Program; in pupils and attendance, further providing for compulsory education of physical defectives, for school lunch and breakfast reimbursement, for dependent children, for actual cost of tuition and maintenance of certain exceptional children in the four chartered schools for education of the deaf and the blind, for payment of cost of tuition and maintenance of certain exceptional children, for transfer of funds for transferal programs and for children under six with defective hearing and parent or guardian advised of schools, etc.; in safe schools, further providing for definitions and for Office for Safe Schools, repealing provisions relating to regulations and to reporting, further providing for policy relating to bullying and for maintenance of records and repealing provisions relating to Safe Schools Advocate in School Districts of the First Class, to standing, to enforcement and to construction of article and other laws; in school safety and security, further providing for definitions and for school safety and security committee, providing for duties of committee, further providing for School Safety and Security Grant Program, providing for Targeted School Safety Grants for Nonpublic Schools and School Entities Program, for standardized protocols, for county safe schools' collaborative and for school mental health grants for 2023-2024 school year, further providing for school safety and security coordinator training and providing for reporting and memorandum of understanding, for safe schools advocate in school districts of the first class and for enforcement; in school security, further providing for definitions, for school police officers, for annual report and for school security guards; in character education program, further providing for character education program; in community colleges, further providing for financial program and reimbursement of payments; in educational tax credits, further providing for definitions, for qualification and application by organizations and for limitations; in school districts of the first class, further providing for qualifications of principals and teachers; in funding for public libraries, providing for State aid for fiscal year 2023-2024; in reimbursements by Commonwealth and between school districts, further providing for definitions and for payments on account of pupils enrolled in career and technical curriculums, for payments on account of courses for exceptional children, for payments to intermediate units, for assistance to school districts declared to be in financial recovery status or identified for financial watch status, for payments, for payments on account of pupil transportation, for Ready-to-Learn Block Grant and for payment of required contribution for public school employees' Social Security; in construction and renovation of buildings by school entities, further providing for applicability; providing for School Environmental Repairs Program; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Sections 129 and 502 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, are amended to read:

Section 129. Special Provisions Applicable to Limited School Years.--Notwithstanding any provision of law or regulation to the contrary, [for the 2021-2022 and 2022-2023 school years,] if, in the judgment of a school employer, an emergency or shortage of day-to-day substitute teachers exists under 24 Pa.C.S. § 8346(b) (relating to termination of annuities), the school employer may hire an annuitant, as defined in 24 Pa.C.S. § 8102 (relating to definitions), regardless of whether the school employer first attempts to secure nonretired personnel, except that the school employer shall comply with section 1125.1(d)(2) by first offering the work to any certified professional employe on a recall list. The provisions of 24 Pa.C.S. § 8346(b) regarding the continuation of annuity or distributions to an annuitant who returns to school service during an emergency shall apply to annuitants hired under this section. Nothing under this section shall supersede or preempt a provision of an existing collective bargaining agreement between a school employer and an exclusive representative of the employes under the act of July 23, 1970 (P.L.563, No.195), known as the "Public Employe Relations Act."

Section 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,

Career and technical schools,

Cafeterias,

Agricultural schools,

Evening schools,

Kindergartens,

Libraries,

Museums,

Reading-rooms,

Gymnasiums,

Playgrounds,

Schools for [physically and mentally handicapped] children with physical or intellectual disabilities ,

[Truant schools] Alternative education 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.

Section 2. Section 732.1(a) of the act, amended July 8, 2022 (P.L.620, No.55), is amended to read:

Section 732.1. Limitation on New Applications for Department of Education Approval of Public School Building Projects.--(a) For the 2012-2013 fiscal year, 2013-2014 fiscal year, 2017-2018 fiscal year, 2018-2019 fiscal year, 2019-2020 fiscal year, 2020-2021 fiscal year, 2021-2022 fiscal year [and] , 2022-2023 fiscal year and each fiscal year thereafter , the Department of Education shall not accept or approve new school building construction or reconstruction project applications under this article .

Section 3. Sections 925 and 923.2-A of the act are amended to read:

Section 925. Powers and Duties.--

(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 with physical or intellectual disabilities 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.

Section 923.2-A. Visual Services.--(a) Legislative Finding; Declaration of Policy. [Defects] Impairments in vision are health-related. It is today recognized that the diagnosis and evaluation of those [defects] impairments 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] impairments 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.

Section 4. The definition of "school safety and security enhancements" in section 923.3-A(b) and subsection (c) of the act are amended to read:

Section 923.3-A. School Safety and Security Enhancements.-* * *

(b) Definitions. As used in this section:

"School safety and security enhancements" means programs which are designed to address school safety and security and listed in section [1302-A(c)] 1306.1-B(j) , which are secular and nonideological in nature.

(c) Program of School Safety and Security Enhancements. A program of school security enhancements shall be provided by an intermediate unit in which a nonpublic school is located, in accordance with standards developed by the [Secretary of Education in consultation with the Office of Safe Schools and the Pennsylvania Commission on Crime and Delinquency.] School Safety and Security Committee established under section 1302-B in consultation with the Department of Education. Through the program, an intermediate unit shall make application for school safety and security enhancements upon the request of a nonpublic school or combination of nonpublic schools located within the intermediate unit. School safety and security enhancements for which grants are received shall be provided for or contracted for directly by the intermediate unit or loaned by the intermediate unit to the nonpublic school.

Section 5. Section 1201.1(3) of the act is amended and the section is amended by adding a paragraph to read:

Section 1201.1. Substitute Teaching Permit for Prospective Teachers.--An individual who does not hold a certificate under section 1201 shall be eligible to teach as a substitute in a school district, an area career and technical school or an intermediate unit provided that:

(3) An individual receiving a Substitute Teaching Permit for Prospective Teachers may serve as a substitute teacher for no more than ten (10) days per school year for a single professional employe or temporary professional employe, provided that the individual may serve as a substitute for multiple professional employes or temporary professional employes for no more than twenty (20) days per school year. [For the 2021-2022 and 2022-2023] Subject to paragraph (3.1), for the 2023-2024, 2024-2025 and 2025-2026 school years, the number of days or hours per school year for which an individual receiving a permit under this section may serve as a substitute teacher shall not be limited, except for an individual who is undertaking a student teacher program as required under 22 Pa. Code § 354.25(f) (relating to preparation program curriculum) for educator preparation programs.

(3.1) During an individual's student teacher program required under 22 Pa. Code § 354.25(f) (relating to preparation program curriculum) for educator preparation programs, the individual may serve as a substitute teacher for no more than ten (10) days in the individual's assigned classroom or classrooms or for other teachers within the building or buildings in which the individual has been placed as a student teacher.

Section 6. Section 1215 of the act is amended to read:

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 or is in the process of scheduling the required certification testing 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. [For the 2021-2022 and 2022-2023 school years, the] The temporary substitute teacher certificate issued under this section may be used for assignments of more than twenty (20) consecutive days to fill a position due to the absence of professional certified personnel.

Section 7. Section 1218 of the act, expired June 30, 2023, is repealed:

[Section 1218. Permit for Classroom Monitors.--(a) A school entity may request that the department issue a classroom monitor permit to allow an individual to deliver to students assignments that are preplanned by a professional employe or temporary professional employe. A classroom monitor may not plan lessons or create or grade student work.

(b) An individual receiving a permit under subsection (a) shall satisfy all of the following:

(1) Has completed at least sixty (60) semester hours or the equivalent of courses at a college or university located in this Commonwealth and accredited by a regional accrediting agency, or has at least three (3) years' experience as a paraprofessional in a school entity and is currently employed as a paraprofessional in a school entity.

(2) Has met the requirements under sections 111, 111.1 and 1109(a) and 23 Pa.C.S. Ch. 63 Subch. C (relating to powers and duties of department).

(3) Has attained a minimum age of twenty-five (25) years.

(4) Has completed training on classroom management provided by an intermediate unit and approved by the department.

(c) An individual receiving a permit under this section who is already employed by the school entity as a paraprofessional shall receive the higher of the individual's existing contractual compensation or the compensation established by the school entity for day-to-day substitute teachers.

(d) Each school entity that uses the services of a classroom monitor under this section shall ensure that each student who receives services under an Individualized Education Program under the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) receives a free and appropriate public education as required under the Individuals with Disabilities Education Act.

(e) Each school entity shall report to the department the following by March 31, 2023:

(1) The number of individuals who served as classroom monitors under this section and the number of days on which the school entity used the services of classroom monitors.

(2) The school entity's day-to-day substitute teacher compensation rates in the 2020-2021, 2021-2022 and 2022-2023 school years. For a school entity that uses a third-party entity to provide substitute teachers, the rate reported by the school entity shall be the take-home amount received by an individual, excluding the portion paid to the third-party entity. The department shall issue rules necessary to effectuate this subsection.

(f) By April 15, 2023, the department shall issue a report on the effectiveness of the classroom monitor permit and recommendations for improvement or continuation of the permit. The report shall include, but not be limited to, the information reported to the department under subsection (e) and a formal evaluation of the permit and its effectiveness by an independent research organization which may include a college or university accredited by a regional accrediting agency. The report shall be submitted to the General Assembly and the State Board and shall be posted on the department's publicly accessible Internet website.

(g) This section shall expire on June 30, 2023.]

Section 8. The act is amended by adding a section to read:

Section 1218.1. Permit for Classroom Monitors.--(a) A school entity may request that the department issue a classroom monitor permit to allow an individual to deliver to students assignments that are preplanned by a professional employe or temporary professional employe. A classroom monitor may not plan lessons or create or grade student work.

(b) An individual receiving a permit under subsection (a) shall satisfy all of the following:

(1) Has completed at least sixty (60) semester hours or the equivalent of courses at a college or university located in this Commonwealth and accredited by a regional accrediting agency or has at least three (3) years' experience as a paraprofessional in a school entity and is currently employed as a paraprofessional in a school entity.

(2) Has met the requirements under sections 111, 111.1 and 1109(a) and 23 Pa.C.S. Ch. 63 Subch. C (relating to powers and duties of department).

(3) Has attained a minimum age of twenty-five (25) years.

(4) Has completed training on classroom management provided by an intermediate unit and approved by the department.

(e) Each school entity shall report to the department the following by March 31, 2026:

(1) The number of individuals who served as classroom monitors under this section and the number of days on which the school entity used the services of classroom monitors.

(2) The school entity's day-to-day substitute teacher compensation rates in each of the school years from 2020-2021 through 2025-2026. For a school entity that uses a third-party entity to provide substitute teachers, the rate reported by the school entity shall be the take-home amount received by an individual, excluding the portion paid to the third-party entity. The department shall issue rules necessary to effectuate this subsection.

(f) By April 15, 2026, the department shall issue a report on the effectiveness of the classroom monitor permit and recommendations for improvement or continuation of the permit. The report shall include, but not be limited to, the information reported to the department under subsection (e) and a formal evaluation of the permit and its effectiveness by an independent research organization which may include a college or university accredited by a regional accrediting agency. The report shall be submitted to the General Assembly and the State Board and shall be posted on the department's publicly accessible Internet website.

(g) This section shall expire on June 30, 2026.

Section 9. The act is amended by adding an article to read:

ARTICLE XII-B

EDUCATOR PIPELINE SUPPORT GRANT PROGRAM

Section 1201-B. Scope of article.

This article relates to educator workforce.

Section 1202-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:

"Agency." The Pennsylvania Higher Education Assistance Agency.

"Approved educator preparation program." A sequence of courses and experiences offered by an institution of higher education that is reviewed and approved by the department.

"Cooperating teacher." An individual who satisfies all of the following:

(1) Holds a certification under section 1201 in the subject area in which the individual will be providing guidance to the student teacher.

(2) Has received at least three years of satisfactory ratings as a certified teacher.

(3) Has at least one year of certificated teaching experience in the school entity where the student teacher is placed.

"Department." The Department of Education of the Commonwealth.

"Institution of higher education." A college or university that offers a program approved by the department to prepare professional personnel for employment in a school entity in accordance with 22 Pa. Code Ch. 49 (relating to certification of professional personnel).

"Nonpublic school." As defined in section 923.3-A(b).

"Program." The Educator Pipeline Support Grant Program established under section 1203-B.

"School entity." A school district, intermediate unit, area career and technical school, charter school, regional charter school or cyber charter school operating within this Commonwealth.

"Student teacher." An individual participating in a classroom teaching experience who, as part of an approved educator preparation program for the initial or advanced preparation of professional educators, performs classroom teaching or assists in a school entity's or nonpublic school's education program under the supervision of a cooperating teacher.

Section 1203-B. Program establishment and duties of agency.

(a) Establishment.--The Educator Pipeline Support Grant Program is established within the agency.

(b) Duties.--The agency, in consultation with the department, shall administer the program and, in the agency's sole discretion, award a grant to an individual who submits a completed application and satisfies the eligibility requirements under section 1204-B.

(c) Application.--No later than 120 days after the effective date of this subsection, the agency shall develop and make available an application form that an individual who is seeking placement as a student teacher may use to apply for a grant under the program.

(d) Transfer of appropriation.--The appropriation in the amount of $10,000,000 to the department in section 215 of the act of August 3, 2023 (P.L.471, No.1A), known as the General Appropriation Act of 2023, for the purpose of teacher stipend is transferred to the agency for the administration and implementation of the program.

(e) Grant amount.--

(1) A student teacher shall receive a minimum grant of $10,000.

(2) An eligible student teacher who completes required student teaching in a school entity in an area of this Commonwealth that attracts few student teachers or that has a high rate of open teaching positions shall, in addition to the amount awarded under paragraph (1), receive a minimum grant amount of $5,000. The agency, in consultation with the department, shall utilize data from the department to determine the areas identified in this paragraph.

(3) For the purposes of computing the tax under Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the classes of income under section 303 of the Tax Reform Code of 1971 shall not include a payment received by an individual under this subsection.

(4) An individual who receives a grant payment under this subsection shall not be considered a school employee for the purposes of 24 Pa.C.S. Pt. IV (relating to retirement for school employees) for the period during which the grant was awarded.

(f) Funding.--

(1) The agency shall use money appropriated or available for the purpose of the program and may accept funding from public and private sources, including the Federal Government, for the payment of grants under this section.

(2) If the agency determines that the demand for the program exceeds the available resources, the agency may request additional funding as part of the agency's budget request for the next fiscal year in accordance with section 610 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(g) Additional duties.--When the agency awards a grant to a student teacher under this article, the agency shall also award a grant payment to the student teacher's cooperating teacher. The cooperating teacher shall receive a minimum grant of $2,500. The agency may reduce the grant award amount to a cooperating teacher if the cooperating teacher receives compensation from an institution of higher education for serving as a cooperating teacher. An institution of higher education may not charge a student teacher who receives a grant for the cost of paying a cooperating teacher.

(h) Dissemination of information.--The agency shall annually provide information about the program on the department's publicly accessible Internet website and to all approved educator preparation programs and public and nonpublic secondary schools. An approved educator preparation program shall annually disseminate information about the program, including information identifying the school entities that qualify the student for an additional grant award amount under subsection (e).

(i) Payment.--The agency shall establish a method for paying grant awards under the program to a school entity or nonpublic school. The school entity or nonpublic school shall use all of the money received under the program for payment to student teachers and cooperating teachers as required by this section and the agency.

(j) Administrative fee.--The agency may take a reasonable administrative fee for direct costs associated with the implementation, administration and servicing of the program. The fee shall be taken from the funding received under subsection (f) and may not exceed 5%.

Section 1204-B. Eligibility.

(a) Eligibility.--For an individual to be eligible for a grant as a student teacher under the program, the individual shall meet all of the following:

(1) Be currently enrolled in an institution of higher education located in this Commonwealth.

(2) Be currently enrolled in an approved educator preparation program.

(3) Meet the minimum grade point average established under 22 Pa. Code § 354.24 (relating to academic performance).

(4) Be placed in a position as a student teacher at a school entity or nonpublic school located in this Commonwealth.

(5) Have obtained the necessary clearances required under section 111 and 23 Pa.C.S. § 6344(a.1) (relating to employees having contact with children; adoptive and foster parents).

(6) Agree to work as a teacher at a school entity or nonpublic school in this Commonwealth for a period of no less than three years, unless the agency determines that there are extenuating circumstances.

(b) Construction.--Nothing in this section shall be deemed to create a right of an individual to receive a grant under the program.

(c) Limitation.--An individual may not receive more than one grant from the agency under the program as a student teacher. This subsection shall not apply to grants received by a cooperating teacher.

(d) Recovery of payments.--The agency shall implement guidelines to ensure recordkeeping to track compliance with subsection (a)(6). The agency may recover a payment made to a teacher who does not comply with subsection (a)(6) unless the agency determines there are extenuating circumstances.

Section 1205-B. Report.

(a) General rule.--The agency shall prepare and submit to the Governor, the Secretary of Education and the General Assembly no later than December 31, 2024, and each December 31 thereafter, to the extent that funds are available, a report detailing the operation of the program. The report shall, at a minimum, include:

(1) The number of applicants.

(2) The number of applicants who received a grant under the program.

(3) The number of applicants who received an additional award under section 1203-B(f).

(4) A list of school entities or nonpublic schools where an applicant served as a student teacher.

(5) A list of approved educator preparation programs where applicants who were awarded a grant were enrolled.

(6) A list of school entities where grantees are employed following certification.

(7) The number of applicants who did not fulfill the requirements under section 1204-B(a)(6).

(8) Any other information the agency determines.

(b) Coordination.--The department and the Department of Labor and Industry shall assist the agency by providing necessary data to determine outcomes related to the program.

Section 1206-B. Data collection.

(a) Student teaching placement data.--The department shall maintain a database of student teaching opportunities for the upcoming school year. The following shall apply to the database:

(1) A school entity or nonpublic school who is interested in hosting a student teacher may submit to the department the number of student teachers the school entity or nonpublic school is seeking for the upcoming school year. If a school entity's or nonpublic school's request for student teachers from the previous school year was not fulfilled, the school entity or nonpublic school may report the shortage of requested student teachers.

(2) Each approved educator preparation program shall submit to the department the number of student teachers placed by the approved educator preparation program in the previous school year. If the approved educator preparation program had more requests for student teachers than available student teachers, the approved educator preparation program shall report the shortage of available student teachers to the department.

(3) No later than July 31, 2024, and each July 31 thereafter, each approved educator preparation program shall report:

(i) The number of agreements between approved educator preparation programs and school entities or nonpublic schools for the purpose of placing student teachers.

(ii) The name of each school entity or nonpublic school with which an approved educator preparation program entered into an agreement.

(iii) The number of student teachers placed in the previous year by an approved educator preparation program and the school entity or nonpublic school at which the student teacher was placed.

(b) (Reserved).

Section 1207-B. Miscellaneous provisions.

(a) Institutions of higher education.--Within one year of the effective date of this section, if an institution of higher education requires a student enrolled in an approved educator preparation program to take a class or seminar as part of the student teaching experience while the student is participating in a student teaching program, the institution of higher education shall provide the student with the ability to participate in the class or seminar by virtual means.

(b) Credit.--If a student teacher receives a grant under the program, an approved educator preparation program may not prohibit the student teacher from receiving academic credit for participating in a student teacher experience if the student teacher successfully completes the student teaching experience.

Section 10. Section 1328 of the act is amended to read:

Section 1328. Compulsory Education of Children with Physical [Defectives] Impairments .--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] so hearing impaired or visually impaired 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,] hearing impaired or visually impaired or shall provide for the tuition of such child by a legally certified private tutor.

Section 10.1. Section 1337.1 of the act is amended by adding a subsection to read:

Section 1337.1. School Lunch and Breakfast Reimbursement.--* * *

(c.2) To the extent funds are available, the department shall provide State reimbursement to schools that participate in the National School Lunch Program and the National School Breakfast Program for the difference between the reimbursement rate for a free lunch and a reduced price lunch and the difference between the reimbursement rate for a free breakfast and a reduced price breakfast or paid breakfast.

Section 10.2. Sections 1338 and 1376(a) of the act are amended to read:

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] behaviors which impede the learning of self or others , 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] behaviors which impede the learning of self or others , 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.

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] intellectually disabled and/or has a serious emotional [disturbance] disability 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).

Section 11. Sections 1377, 1377.1 and 1379, Article XIII-A heading and sections 1301-A and 1302-A of the act are amended to read:

Section 1377. Payment of Cost of Tuition and Maintenance of Certain [Exceptional] Children with Disabilities .--(a) To facilitate payments by the several school districts to the schools or institutions in which [deaf or blind] children who are hearing impaired or visually impaired , or cerebral palsied and/or [brain damaged] have a brain injury and/or muscular dystrophied, or socially and emotionally [disturbed] disabled or [mentally retarded children] intellectually disabled 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] visually impaired or hearing impaired , or the cerebral palsied and/or [brain damaged] who have a brain injury and/or muscular dystrophied or the socially and emotionally [disturbed] disabled and/or [mentally retarded] intellectually disabled . Amounts so withheld shall be specifically appropriated to the Department of Education.

(b) Payments of the Commonwealth's proportion of the cost of tuition and maintenance of [blind or deaf] students who are visually impaired or hearing impaired , or cerebral palsied and/or [brain damaged] who have a brain injury and/or muscular dystrophied, or socially and emotionally [disturbed] disabled and/or [mentally retarded pupils] intellectually disabled and are enrolled in schools or institutions for the [blind or for the deaf] visually impaired or hearing impaired , or for the cerebral palsied and/or [brain damaged] brain injured and/or muscular dystrophied, or for the socially and emotionally [disturbed] disabled and of the cost of instruction of parents of [blind] visually impaired 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 with disabilities in the four chartered schools for education of the [deaf and of the blind] hearing impaired or visually impaired , 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.

(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] visually impaired or hearing impaired or for the cerebral palsied and/or [brain damaged] brain injured and/or muscular dystrophied or for the socially and emotionally [disturbed] disabled and/or [mentally retarded] intellectually disabled 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 with disabilities are caused to be transferred from schools or institutions for the [blind or deaf] visually impaired or hearing impaired , or cerebral palsied or [brain damaged] brain injured or muscular dystrophied or [mentally retarded] intellectually disabled , or socially and emotionally [disturbed] disabled , 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 with disabilities 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.

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 with disabilities are caused to be transferred from schools or institutions for the [blind or deaf] visually impaired or hearing impaired , or cerebral palsied or [brain damaged] brain injured or muscular dystrophied or [mentally retarded] intellectually disabled , or socially and emotionally [disturbed] disabled , 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 with disabilities 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.

Section 1379. Children Under Six with [Defective] Impaired 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] or partially hearing 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 impaired , 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.

ARTICLE XIII-A.

[SAFE SCHOOLS] STUDENT SUPPORTS .

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 career and 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 career and 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.] and interventions designed to redirect youth who commit minor offenses in school from exclusionary disciplinary practices or formal processing in the juvenile justice system, while still holding the student accountable for the student's actions. 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.] , positive youth development programming, teen/youth courts, restorative justice interventions, truancy prevention and intervention programs, mentoring programs and intervention programs and educational practices to assist students with persistent disruptive and serious problem behaviors.

"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] tiered framework for supporting students' behavioral, academic, social, emotional and mental health .

["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.

Section 1302-A. [Office for Safe Schools] Student Supports .--(a) [There is hereby established in the Department of Education an Office for Safe Schools.] (Reserved).

(b) The [office] Department of Education 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 collect, develop and disseminate information, policies, strategies and other information to assist in the development of programs that support students, reduce unnecessary student disciplinary actions and promote an environment of greater productivity, safety and learning, including, but not limited to:

(i) School-wide positive behavior support that includes primary or universal, secondary and tertiary supports and interventions in school entities.

(ii) School-based diversion programs.

(iii) Classroom management.

(iv) Student discipline.

(v) Student codes of conduct.

(vi) Training to assess risk factors that increase the likelihood of problem behaviors among students.

(vii) Conflict resolution and dispute management.

(viii) Staff training programs in the use of positive behavior supports, de-escalation techniques, appropriate responses to student behavior that may require immediate intervention and trauma-informed treatment for mental health providers in schools.

(ix) Research-based violence prevention programs that address risk factors to reduce incidents of problem behaviors among students, including, but not limited to, mental health early intervention, self-care, bullying and suicide awareness and prevention.

(x) Risk assessment, safety-related, violence prevention curricula, including dating violence curricula, restorative justice strategies, mental health early intervention, self-care and suicide awareness and prevention curricula.

(xi) Evidence-based screenings for adverse childhood experiences that are proven to be determinants of physical, social and behavioral health and provide trauma-informed counseling services as necessary to students based upon the screening results.

(xii) Trauma-informed approaches that increase student and school employee access to quality trauma support services and behavioral health care.

(2) To provide direct training to school employes, parents, law enforcement officials and communities on effective measures to [prevent and combat school violence.

(4)] maintain and improve learning environments for students and staff.

(3) To [advise] assist in collaboration and coordination with the School Safety and Security Committee established under section 1302-B and 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)] (4) 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).] Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802).

(5) To develop in collaboration and coordination with the School Safety and Security Committee established under section 1302-B 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).

(9) To publish and post on the Department of Education's publicly accessible Internet website a listing of all approved vendors under paragraph (8).]

(b.1) The [office] Department of Education shall process and tabulate the data on an annual basis to assist school administrators , the School Safety and Security Committee established under section 1302-B 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, and to intermediate units on behalf of nonpublic schools, 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.

(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.

(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.

(17) The implementation of Article XIII-E.

(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.

(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.

(e) For any fiscal year prior to 2019-2020, 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) Twenty-five percent of the sum shall be allocated for grants under subsection (c).

(2) Seventy-five percent of the sum shall be allocated for grants under subsection (c.1).

(e.1) Any grant funding allocated under subsection (c.1) above the amount allocated in fiscal year 2017-2018 may be prioritized for nonpublic schools.

(e.2) Beginning in fiscal year 2019-2020, grants awarded under subsection (c.1) shall not exceed the amount awarded in fiscal year 2018-2019 under that subsection and no less than $3,200,000 shall be awarded to intermediate units on behalf of nonpublic schools under subsection (c).

(f) As used in this section, "school entity" shall have the same meaning given to it under section 222(c).]

Section 12. Sections 1302.1-A and 1303-A of the act are repealed:

[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).

(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.

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, 2011, 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.

(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 offense 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.]

Section 13. Sections 1303.1-A(c) and (d) and 1307-A of the act are amended to read:

Section 1303.1-A. Policy Relating to Bullying.--* * *

(c) Each school entity shall review its policy every three (3) years and annually provide the [office] Department of Education 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)] 1319-B(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] Department of Education in accordance with section [1303-A(b)] 1319-B(b) , it shall report all incidents that qualify as bullying under the entity's adopted definition of that term.

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] Department of Education . A statistical summary of these records shall be made accessible to the public for examination by the public during regular business hours.

Section 14. Sections 1310-A, 1311-A, 1312-A and 1313-A of the act are repealed:

[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.

(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 sections 1317.2 and 1318.1.

(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.

(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.

(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.

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.

(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.

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.

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.]

Section 15. Section 1301-B of the act is amended by adding definitions to read:

Section 1301-B. 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:

"Chief school administrator." The superintendent of a public school district, superintendent of an area career and technical school, executive director of an intermediate unit or chief executive officer of a charter school.

"Department." The Department of Education of the Commonwealth.

"School property." As defined in section 1301-A.

"Student with a disability." A student who meets the definition of "child with a disability" under 20 U.S.C. Ch. 33 (relating to education of individuals with disabilities) or who meets the definition of a "handicapped person" under 29 U.S.C. § 794 (relating to nondiscrimination under Federal grants and programs) and its implementing regulations (34 CFR 104.3(j)). The term includes a student for whom an evaluation is pending under either 20 U.S.C. Ch. 33 or 29 U.S.C. Ch. 16 (relating to vocational rehabilitation and other rehabilitation services).

"Weapon." The term shall include, but not be limited to, a knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle and other tool, instrument or implement capable of inflicting serious bodily injury.

Section 16. Section 1302-B(e) of the act, amended July 8, 2022 (P.L.620, No.55), is amended, subsection (b)(12) is amended by adding a subparagraph and the section is amended by adding a subsection to read:

Section 1302-B. School Safety and Security Committee.

(b) Composition.--The committee shall consist of a chairperson and the following members:

(12) The following members appointed by the Governor:

(xi) The Homeland Security Director of the Office of Homeland Security under 4 Pa. Code Ch. 6 Subch. LL (relating to Office of Homeland Security), who shall be a nonvoting member.

(e) Term.--Members appointed under subsection (b)(5), (6), (7), (8) , (11) and (12) shall serve for a four-year term and may be appointed for no more than one additional consecutive term. The terms of those members who serve by virtue of the public office they hold shall be concurrent with their service in the office from which they derive their membership.

(j) Executive committee.--

(1) The committee shall establish an executive committee which shall meet, at a minimum, every two months to identify and review current and emerging school safety issues, including, but not limited to:

(i) data on issues and incidents reported through the Safe2Say Program;

(ii) information arising from county safe schools' collaboratives under section 1310.1-B;

(iii) identification, prevention and mitigation of potential threats of targeted violence in educational settings;

(iv) utilization of best practices among school entities related to threat assessment, bystander intervention and reporting, crisis intervention and emergency preparedness and response; and

(v) other incidents and issues impacting school safety in this Commonwealth.

(2) The executive committee shall provide guidance and recommendations for consideration by the committee. Any action relating to guidance or recommendations provided by the executive committee to the committee shall require a vote of a majority of the members of the committee. Any decision relating to awarding of a grant under this article shall remain the sole and exclusive responsibility of the committee.

(3) The executive committee shall include, at a minimum, the chair of the committee and the members appointed under subsection (b)(1), (2), (3), (4), (5), (6), (7) and (8).

(4) (i) Except as provided under subparagraph (ii), a meeting of the executive committee shall not be subject to the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(ii) Public notice of a meeting of the executive committee shall be provided as required under 65 Pa.C.S. § 709(a) (relating to public notice). The public notice under this subparagraph shall include an agenda the executive committee is going to discuss.

(iii) At the next scheduled meeting of the committee, the chair of the executive committee shall provide a summary of any meeting of the executive committee that occurred since the last meeting of the committee.

(5) The member appointed under subsection (b)(2) shall serve as chair of the executive committee.

(6) The executive committee may add other members of the committee as necessary.

Section 17. The act is amended by adding a section to read:

Section 1302.1-B. Duties of committee.

The committee shall advance practices to improve the safety and security of school entities within this Commonwealth, including developing policies and providing resources, training, guidance and assistance to schools and their partners. In addition to other duties given to the committee under this article, the committee shall have the following powers and duties:

(1) To establish, periodically review and, if necessary, update baseline criteria for physical security and behavioral health in coordination with the department for school entities in this Commonwealth.

(2) To coordinate antiviolence and school safety efforts between school, professional, parental, governmental, law enforcement and community organizations and associations.

(3) To collect, develop and disseminate information, policies, strategies and other information to assist in the development of programs to impact school and community violence and other school-safety-related issues.

(4) To provide training to school employees, school safety and security coordinators and communities on effective measures to prevent and combat school and community violence as well as school safety and security training under section 1310-B and coordinator training under section 1316-B.

(5) In collaboration and coordination with the department, to assist school entities and nonpublic schools on the development of policies to enhance safety and security, including policies addressing possession of weapons, acts of violence, protocols for coordination with law enforcement officials and reporting under section 1319-B.

(6) In collaboration and coordination with the department, to verify that each school entity has complied with reporting and memorandum of understanding requirements under section 1319-B.

(7) In collaboration and coordination with the department, to publish and post on the commission's publicly accessible 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 1319-B and school entities that failed to submit a report under section 1319-B.

(8) In collaboration and consultation with the Pennsylvania State Police, to establish criteria for certifying approved vendors to provide school police officers to nonpublic schools for the purpose of awarding grants under section 1306.1-B(k).

(9) To publish and post on the commission's publicly accessible Internet website a listing of approved vendors under paragraph (8).

(10) In consultation with the department, to develop, review and promulgate regulations under section 1306.2-B(b).

(11) To request data related to school safety and security collected by the department to fulfill the duties of the committee. The department shall provide requested data no later than 10 days after the request is made.

Section 18. Section 1306-B(i)(1), (j)(4) and (12), (k) and (l) of the act, amended July 8, 2022 (P.L.620, No.55), are amended, subsection (h) is amended by adding paragraphs and the section is amended by adding a subsection to read:

Section 1306-B. School Safety and Security Grant Program.

(h) School Safety and Security Fund.--

(10) For fiscal year 2023-2024, the committee shall commit funds relating to school safety and security and school mental health to school entities that receive a grant award under this section no later than March 31, 2024.

(11) For fiscal year 2024-2025 and each fiscal year thereafter, the committee shall commit funds relating to school safety and security and school mental health to school entities that receive a grant award under this section no later than December 31 of each calendar year in which funds are available.

(12) Notwithstanding any other provision of law, during the 2023-2024 fiscal year, money appropriated for COVID Relief - ARPA - School Mental Health Grants shall be transferred to the fund and shall be used as follows:

(i) Ninety percent shall be used for grants under section 1315.1-B.

(ii) Five percent shall be transferred to the department for training of school-based mental health professionals and to establish pathways to certification for school-based mental health professionals.

(iii) Five percent shall be transferred to the Pennsylvania Higher Education Assistance Agency for the program under section 1318-B.

(i) Community violence prevention programs.--

(1) [Municipalities] Notwithstanding subsection (h)(7), the committee shall use money appropriated to the commission for violence intervention and prevention for grants and technical assistance to municipalities, district attorneys , institutions of higher education, community-based organizations and other entities approved by the committee [are the only eligible applicants] for programs under subsection (j)(22).

(j) Specific purposes.--The committee shall provide grants to school entities for programs that address school mental health and safety and security, including:

(4) School-based diversion programs[.] as defined in section 1301-A, including costs associated with the hiring of qualified professional staff members to provide assistance and services related to the programs.

(12) Security planning and purchase of security-related technology, which may include metal detectors, protective lighting, specialty trained canines, surveillance equipment, special emergency communications equipment, automated external defibrillators, electronic locksets, deadbolts, trauma kits 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 school directors.]

(k) Coordination of grant distribution.--The [department] committee shall coordinate the distribution of grants under [Article XIII-A with the committee] section 1306.1-B to ensure the most effective use of resources.

(l) Audits.--

(1) The commission may randomly audit and monitor grant recipients to ensure the appropriate use of grant funds and compliance with [the provisions of] subsection (d).

(2) The Auditor General [shall] may not perform audits related to school safety and security assessments, survey instruments and grant applications.

(m) Procurement procedures.--An applicant shall be required to comply with all applicable State and local procurement requirements, policies and procedures when expending grant funds.

Section 19. The act is amended by adding sections to read:

Section 1306.1-B. Targeted School Safety Grants for Nonpublic Schools and School Entities Program.

(a) Reestablishment.--The Targeted School Safety Grants for Nonpublic Schools and School Entities Program is reestablished in the committee to make nonpublic schools and school entities within this Commonwealth safer places.

(b) Continuation.--The targeted grants issued in fiscal year 2022-2023 and in any previous fiscal year to school entities and to intermediate units on behalf of nonpublic schools through the department under Article XIII-A shall continue to be administered by the department. Targeted grants for fiscal year 2023-2024 and each year thereafter shall be awarded and administered by the committee.

(c) Functions generally.--The committee shall perform all functions related to the direct approval, disbursement and administration of grants under the program.

(d) Diversity.--The committee shall ensure that grant funding under the program is geographically dispersed throughout this Commonwealth.

(e) Supplement and not supplant.--

(1) Grant money allocated through the program shall be used to supplement and not supplant existing nonpublic school entity spending on school safety and security.

(2) Nothing in this section shall be construed to preclude a nonpublic school entity from making an application in a subsequent year for the same purpose and amount awarded in a prior year.

(f) Whole or partial awards.--The committee, in its discretion, may award, in whole or in part, a request made by a nonpublic school entity in its grant application based upon the merit of a specific item requested.

(g) Sustainability planning.--Sustainability planning is not a necessary component of an application under this section.

(h) Confidentiality.--Information submitted by a nonpublic school entity as part of the grant application, the disclosure of which would be reasonably likely to result in a substantial and demonstrable risk of physical harm or the personal security of students or staff, shall remain confidential and shall not be accessible for inspection and duplication under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The committee may release aggregate data at its discretion.

(i) (Reserved).

(j) Uses.--Targeted grants to school entities and to intermediate units on behalf of nonpublic schools shall be used to fund programs that address school violence and school mental health. Eligible uses of the funds shall include any use under section 1306-B(j) and to fund programs that address school violence by establishing or enhancing school security, including costs associated with the training and compensation of school security personnel.

(k) Other grant recipients.--

(1) The committee may award targeted grants to municipalities, law enforcement agencies and approved vendors to fund programs that address school violence by establishing or enhancing school security, including costs associated with the training and compensation of school security personnel.

(2) A municipality or law enforcement agency that receives 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. A municipality or law enforcement agency may not receive grant money 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 under this subsection, a municipality shall take into consideration the proportion of students enrolled in each school entity or nonpublic school.

(3) A nonpublic school may apply to the committee for grant funding under paragraph (1) to be used for the costs associated with obtaining the services of school security personnel from a list of approved vendors certified by the committee. A grant award for this purpose shall be awarded and paid directly to the approved vendor with which the nonpublic school contracts for services. A nonpublic school may not apply for grant funding under this subsection for any purpose other than obtaining the services of school security personnel under this paragraph.

(l) Other duties.--The committee shall have the following duties as to targeted grants:

(1) Targeted grants shall be allocated through a competitive grant review process established by the committee. A school entity must satisfy the requirements of this section. The application for a targeted grant shall include:

(i) the purpose for which the targeted grant will be utilized;

(ii) information indicating the need for the targeted grant, including, but not limited to, school violence statistics;

(iii) an estimated budget;

(iv) methods for measuring outcomes; and

(v) other criteria as the committee may require.

(2) The committee 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 (j) to school entities with the greatest need related to safety and order.

(iii) For municipalities, local law enforcement agencies and nonpublic schools that apply for funding for the training and compensation of school security personnel under subsection (j) or (k), give priority to municipalities, local law enforcement agencies and nonpublic schools that utilize school security personnel who have completed the training and qualifications required under Article XIII-C.

(iv) For school entities or nonpublic schools that apply for funding for school police officers under subsection (j) or (k), 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 annual training as required by the Municipal Police Officers' Education and Training Commission under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

(E) The requirements of section 111.

(F) In the case of a school entity, have been indemnified by the school entity under 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 section. Nothing in this section shall be construed to impact grant decisions for school entities, municipalities or law enforcement agencies that apply for funding for hiring of school resource officers under subsection (j) or (k).

(3) For fiscal year 2023-2024 and each fiscal year thereafter, the combined amount of grants awarded to intermediate units on behalf of nonpublic schools under subsection (j) and grants awarded for costs associated with a nonpublic school obtaining the services of school security personnel under subsection (k) shall be no less than $14,551,000.

(m) Audits.--

(1) The commission may randomly audit and monitor grant recipients to ensure the appropriate use of grant funds and compliance with the provisions of subsection (d).

(2) The Auditor General may not perform audits related to school safety and security assessments, survey instruments and grant applications.

(n) Procurement procedures.--An applicant shall be required to comply with all applicable State and local procurement requirements, policies and procedures when expending grant money.

(o) Transfer.--Within 90 days of the effective date of this section, from the amount appropriated to the Department of Education for the Safe Schools Initiative, the Department of Education shall transfer the sum of $20,700,000 to the commission for distribution by the committee in accordance with this section.

(p) 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:

"Program." The Targeted School Safety Grants for Nonpublic Schools and School Entities Program reestablished in this section.

Section 1306.2-B. Standardized protocols.

(a) Continuation of regulations.--A regulation adopted under section 1302.1-A and in effect as of the effective date of this section shall be enforced by the committee in collaboration and coordination with the department and the State Board of Education and shall continue to have the same force and effect until modified or revised under this section.

(b) Regulations.--No later than three years after the effective date of this section, the committee shall promulgate final-omitted regulations under the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, in consultation with the department, necessary to implement this article. The regulations shall include the following:

(1) A model memorandum of understanding between school entities and law enforcement. The model memorandum of understanding shall be reviewed at least once every three years and revised where necessary. The committee may revise the model memorandum of understanding by transmitting a notice to the Legislative Reference Bureau for publication in the next available issue of 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 and replace the existing model memorandum of understanding.

(2) A protocol for the notification of the law enforcement agency when an offense listed under section 1319-B(b)(7) occurs on school property. The protocol shall include a requirement that the school entity immediately notify the law enforcement agency when an offense occurs.

(3) A protocol for the notification of the law enforcement agency at the discretion of the chief school administrator regarding an offense listed under section 1319-B(b)(8) or other offense that occurs on school property.

(4) A protocol for emergency and nonemergency response by the law enforcement department. The protocol shall include a requirement that the school entity notify and supply the law enforcement agency 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 if a student with a disability commits an incident listed under section 1319-B(b)(7) and (8), 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). Protocols may include, but need not be limited to, training in the use of positive behavior supports and de-escalation techniques for students with disabilities.

Section 1310.1-B. County safe schools' collaborative.

(a) Establishment.--A county, or multicounties acting jointly, may establish a safe schools' collaborative to distribute, promote and develop best practices applicable to emergency response involving school safety and security through an emergency preparedness planning approach. The collaborative shall provide assistance to school entities, law enforcement and emergency responders and shall meet at least quarterly to develop safe and secure schools. The collaborative shall identify and promote strategies, practices that align with those identified by the committee and programs that support safe schools for all students and staff and recommend implementation as part of a countywide or multicounty safe schools' plan.

(b) Technical assistance.--The Pennsylvania Emergency Management Agency in collaboration with the Pennsylvania State Police and the Office of Homeland Security shall provide technical assistance to a county or several counties to establish a safe schools' collaborative under subsection (a) to provide school districts, emergency responders and all relevant school safety partners with quality information, resources, consultation and training services.

(c) Reports.--The Pennsylvania Emergency Management Agency in collaboration with the Pennsylvania State Police and the Office of Homeland Security shall report to the committee annually beginning September 1, 2024, and September 1 of each year thereafter, the number of counties that have requested technical assistance under subsection (b).

(d) Confidentiality of reports.--Reports to the committee under this section shall remain confidential and shall not be subject to inspection and duplication under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(e) Confidentiality of meetings.--Meetings of a county safe schools' collaborative are not subject to the requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 1315.1-B. School mental health grants for 2023-2024 school year.

(a) Funding.--For the 2023-2024 school year, the amount of money allocated under section 1306-B(h)(12)(i) shall be used by the committee to award school mental health grants to school entities in accordance with this section.

(b) Purpose of grants.--

(1) A school entity shall be eligible for school mental health grants to meet the level 1 baseline criteria for behavioral health and school climate criteria established by the committee.

(2) A school entity that has met the level 1 baseline criteria shall be eligible for school mental health grants for the purposes outlined in section 1306-B(j)(6), (10), (15), (17), (19), (20), (21), (23), (24), (25), (26), (27), (28), (29) and (30).

(c) Amount of grants.--The committee shall award school mental health grants in the following amounts to any school entity that submits an application:

(1) A school district shall receive $100,000 plus an amount determined in paragraph (3).

(2) An intermediate unit, area career and technical school, charter school, regional charter school or cyber charter school shall receive $70,000.

(3) An amount determined as follows:

(i) Multiply the 2021-2022 adjusted average daily membership for each school district by the difference between the amount allocated in subsection (a) and the sum of the amounts distributed under paragraphs (1) and (2).

(ii) Divide the product from subparagraph (i) by the 2021-2022 adjusted average daily membership for all school districts.

(d) Availability of applications.--The committee shall make an application for grants under this section available to school entities no later than 45 days after the effective date of this section. The application requirements shall be limited to the school entity's contact information, the specific purpose of the grant based upon the categories specified in subsection (b) with boxes on the application for the applicant to indicate the school entity's anticipated use and certification by the applicant that the funds will be used for the stated purpose.

(e) Effect of revenue received.--Grant money received under this section may not be included when calculating the amount to be paid under section 1725-A.

(f) Audit and monitoring.--The committee shall randomly audit and monitor grant recipients to ensure the appropriate use of grant funds and compliance with provisions of the grant program.

(g) 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:

"School entity." A school district, area career and technical school, intermediate unit, charter school, regional charter school and cyber charter school.

Section 20. Section 1316-B(b) of the act, added July 8, 2022 (P.L.620, No.55), is amended to read:

Section 1316-B. School safety and security coordinator training.

(b) Required training.--

(1) The committee shall adopt the required training hours for the training developed under subsection (a). The committee may not require more than seven hours of training for the school safety and security coordinator annually. The training shall be in addition to other training requirements for school administrators.

(2) Employees required to undergo continuing professional education under sections 1205.2 and 1205.5 shall receive credit toward their continuing professional education requirements.

Section 21. The act is amended by adding sections to read:

Section 1319-B. Reporting and memorandum of understanding.

(a) Data reporting and access.--In collaboration and coordination with the committee, the department shall collect information as required by this section. The committee may request information collected by the department under this section. The department shall provide the information requested no later than 10 days after the request date to the extent permitted by law.

(b) Reporting by chief school administrator.--A chief school administrator shall report to the department 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 report shall include all incidents involving conduct that constitutes a criminal offense listed under paragraphs (7) and (8). Reports, on a form to be developed and provided by the department, in collaboration and coordination with the committee, shall include:

(1) The age or grade of the students involved.

(2) The name and address of school.

(3) The circumstances surrounding the incident, including, but not limited to, the 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 of the person to the school entity.

(4) The race of the students involved.

(5) Whether the students have an Individualized Education Plan under 20 U.S.C. Ch. 33 (relating to education of individuals with disabilities) and, if so, the type of disability.

(6) Any sanction imposed by the school.

(7) A list of criminal offenses which may, 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 offense 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) An attempt, solicitation or conspiracy to commit an offense listed in subclauses (i) and (ii).

(iv) An offense for which registration is required under 42 Pa.C.S. § 9799.55 (relating to registration).

(8) 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 when the offense is a misdemeanor of the second degree.

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2).

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 products).

Section 6306.1 (relating to use of tobacco products in schools prohibited).

Section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).

(9) Notification of law enforcement.

(10) Remedial programs involved.

(11) Parental involvement required.

(12) Arrests, convictions and adjudications, if known.

(c) Duties.--Prior to submitting the report required under subsection (b), each chief school administrator and each law enforcement agency having jurisdiction over school property of the school entity shall comply with the following:

(1) No later than 30 days prior to the deadline for submitting the report to the department required under subsection (b), the chief school administrator shall submit the report to the law enforcement agency with jurisdiction over the relevant school property. The law enforcement agency shall review the report and compare the data regarding criminal offenses and notification of law enforcement to determine whether the report accurately reflects law enforcement incident data.

(2) No later than 15 days prior to the deadline for the chief school administrator to submit the report required under subsection (b), the law enforcement agency shall notify the chief school administrator, in writing, whether the report accurately reflects law enforcement incident data. Where the law enforcement agency determines that the report accurately reflects law enforcement incident data, the chief of police shall sign the report. If the law enforcement agency determines that the report does not accurately reflect law enforcement incident data, the law enforcement agency shall indicate any discrepancy between the report and law enforcement incident data.

(3) Prior to submitting the report required under subsection (b), the chief school administrator and the law enforcement agency shall attempt to resolve any discrepancy between the report and law enforcement incident data. If a discrepancy remains unresolved, the law enforcement agency shall notify the chief school administrator and the department in writing.

(4) If a law enforcement agency 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 law enforcement agency failed to take action as required under paragraph (2) or (3), as applicable.

(d) Advisory committee.--A chief school administrator shall form an advisory committee composed of relevant school staff, including, but not limited to, principals, security personnel, school safety and security coordinator, emergency services personnel, school security personnel, guidance counselors and special education administrators to assist in the development of a memorandum of understanding under this section. In consultation with the advisory committee, the chief school administrator shall enter into a memorandum of understanding with law enforcement agencies having jurisdiction over school property of the school entity. The chief school administrator shall submit a copy of the memorandum of understanding to the department by June 30, 2024, and biennially update and re-execute a memorandum of understanding with law enforcement and file the memorandum with the department on a biennial basis. The memorandum of understanding shall be signed by the chief school administrator, the chief of police of the law enforcement agency 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 under section 1306.2-B and shall also include:

(1) A procedure for law enforcement agency review of the annual report required under subsection (b) prior to the chief school administrator filing the report with the department.

(2) A procedure for the resolution of a school violence data discrepancy in the report prior to filing the report required with the department.

(3) Additional matters pertaining to crime prevention agreed to between the chief school administrator and the law enforcement agency.

(e) Construction.--Pursuant to 20 U.S.C. § 1415(k)(6) (relating to procedural safeguards), 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.

(f) Noncompliance.--If a school entity or law enforcement agency fails to comply with the provisions of this section, the school entity or law enforcement agency may not be awarded any grant administered by the committee until such time as the school entity or law enforcement agency has complied with this section.

(g) Report to the General Assembly.--

(1) The committee shall review and make recommendations in a report to the General Assembly relating to the following:

(i) All required reporting under this section, including consideration of the criminal offenses under subsection (b)(7) and (8).

(ii) All required reporting under this article and Article XIII-C.

(2) The recommendations shall, at a minimum, include whether the appropriate amount of data is being collected and, if applicable, proposed elimination of any duplicative reporting requirements.

(3) The committee shall transmit notice of the reports under paragraphs (1) and (2) to the department and the General Assembly. The committee shall transmit notice of the reports to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

Section 1320-B. Safe schools advocate in school districts of the first class.

(a) Establishment.--The Executive Director of the commission shall establish, within the commission, a safe schools advocate for each school district. The safe schools advocate shall not be subject to 71 Pa.C.S. Pt. III (relating to civil service reform). The advocate shall establish and maintain an office within the school district.

(b) Powers and duties.--The safe schools advocate shall have the power and its duties shall be:

(1) To monitor on an annual basis, the school district's compliance with this section and the memorandum of understanding with the appropriate local law enforcement agency by selecting, reviewing and analyzing a sample of the school district's reporting under section 1319-B.

(2) For the purposes of victim advocacy and to assist in the annual monitoring process under paragraph (1), to have direct access to the school district's internal document supporting the information required to be reported under section 1319-B.

(3) To monitor the school district's compliance with the mandatory expulsion requirements of sections 1317.2 and 1318.1.

(4) To receive inquiries from school staff and parents or guardians of students who are victims of conduct that constitutes a criminal offense on school property or to or from school.

(5) 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 under 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 are protected.

(6) To establish a program to assure extensive and continuing public awareness of information regarding the role of the advocate on behalf of victims of conduct that constitutes a criminal offense on school property or to or from school, which may include the mailing of information to the parents or guardians of students in the school district or other forms of communication.

(7) To prepare an annual report regarding the activities of the advocate during the prior fiscal year and any recommendation for remedial legislation, regulation or school district administrative reform, which shall be submitted to the school district superintendent, the secretary, the Executive Director of the commission, 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.

(c) Additional duties.--A safe schools advocate shall, on behalf of victims of conduct that constitutes a criminal offense on school property or victims of at least two infractions of the school district's code of conduct:

(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 a student victim regarding the disciplinary process and any action ultimately taken against the student accused of committing the conduct that constitutes a criminal offense.

(3) If the possession or use of a weapon is involved, advise the parent or guardian of the victim whether the school district properly exercised its duty under section 1317.2.

(4) If the advocate has received a request by the parent or guardian of the victim, attend formal disciplinary proceedings.

(5) With the consent of the parent or guardian of the victim, participate and present information in the disciplinary proceeding, which may include:

(i) making 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

(ii) conducting direct or cross-examination of witnesses.

(6) If the perpetrator of conduct that constitutes a criminal offense returns 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) If a school district has failed to report to the appropriate law enforcement agency as required by the memorandum of understanding, report the act directly.

(8) Provide information to the office of the district attorney regarding the impact of the conduct that constitutes a criminal offense on the victim and the victim's family.

(d) Notification.--

(1) Upon discovery of the commission of conduct that constitutes a criminal offense upon a student, the school district shall immediately notify the safe schools advocate of the incident, including the details of the incident and all of the individuals involved, and immediately notify the victim, the victim's parent or legal guardian.

(2) The form of the notice to the victim or the victim's parent or legal guardian shall be developed by the advocate and provided to the school district and shall include the address and telephone number of the advocate and a brief description of the purposes and functions of the safe schools advocate.

(3) The principal of each school within the school district shall post a notice not less than 8 1/2 inches by 11 inches entitled "Safe Schools Advocate" at a prominent location within each school building, where notices are usually posted.

(4) The form of the notice shall also be developed by the safe schools advocate and provided to the school district.

(e) Cooperation.--School administrators in a school district shall cooperate with the safe schools advocate to implement this section and provide the advocate, upon request, with all available information authorized by State law.

(f) Applicable provisions.--The advocate and all employees and agents of the safe schools advocate shall be subject to 20 U.S.C. § 1232g (relating to family educational and privacy rights) and 34 CFR Pt. 99 (relating to family educational rights and privacy).

(g) Limitation.--This section shall not apply to the extent that it would conflict with the requirements of 20 U.S.C. Ch. 33 (relating to education of individuals with disabilities) or other applicable Federal statute or regulation.

(h) Standing.--

(1) If a student in a school district is a victim of an act of violence involving a weapon on school district 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.

(2) 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 to modify, clarify or eliminate a consent decree that is related to discipline in the school 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.

(3) The Executive Director of the commission, 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 this act.

(4) 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.

(5) Designated funds not expended under this subsection shall lapse to the General Fund.

(6) 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.

(i) 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:

"Low-income parent or guardian." A parent whose family income is no greater than 250% of the Federal poverty level.

"School district." A school district of the first class.

"Victim." An individual against whom a crime has been committed or attempted and who, as a direct result of the criminal act or attempt, suffers physical or mental injury, death or the loss of earnings as those terms are defined under section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. The term may include an individual exercising self-defense when assaulted.

Section 1321-B. Enforcement.

(a) Procedure.--

(1) If a school district of the first class fails to comply with the requirement to provide information to the safe schools advocate under section 1320-B, the advocate shall provide documentation of the failure to the Secretary of Education and the commission.

(2) If the Secretary of Education determines that there is noncompliance, the secretary shall direct the school district of the first class to take corrective action. If the school district of the first class fails to take corrective action within 60 days, 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 obtain compliance.

(3) If the Secretary of Education determines that the school district of the first class has complied with the requirements to provide information to the safe schools advocate, the secretary shall convene a public hearing at which the safe schools advocate shall be permitted to testify regarding the alleged noncompliance.

(4) Legal proceedings under this subsection 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.

(b) 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.

Section 22. The definition of "third-party vendor" in section 1301-C of the act is amended and the section is amended by adding a definition to read:

Section 1301-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:

"Committee." The School Safety and Security Committee established under section 1302-B.

"Third-party vendor." A company or entity approved by [the Office for Safe Schools under section 1302-A(b)(8) or] the commission under section 1315-C(2) that provides school security services.

Section 23. Section 1302-C of the act is amended by adding a subsection to read:

Section 1302-C. School police officers.

(1) A school entity or nonpublic school that has applied to the court to appoint a person or persons to act as school police officers under subsection (a) on or after the effective date of this subsection shall, within 30 days of approval of the appointment from the court, submit a copy of the court's order to the committee.

(2) A school entity or nonpublic school that has previously applied to the court to appoint a person or persons to act as school police officers prior to the effective date of this subsection shall, within 120 days of the effective date of this paragraph, submit a copy of the court's order relating to the appointment of each school police officer to the committee.

(3) The provisions of section 1305-B(e) shall apply to any data provided to the committee under this subsection.

Section 24. Sections 1303-C, 1314-C(b)(3)(i)(C) and 1502-E(b) of the act are amended to read:

Section 1303-C. Annual report.

A school entity or nonpublic school which employs or contracts for a school police officer shall report annually to the department , the committee and the commission 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 employed or contracted by the school entity or nonpublic school.

(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.

Section 1314-C. School security guards.

(b) Training.--The following shall apply:

(3) An armed school security guard who is employed or contracted by a school entity or nonpublic school before September 2, 2019, shall have until February 28, 2020, to complete the instruction under paragraph (1) unless an extension is approved through the following process:

(i) The governing body of a school entity or nonpublic school may approve an extension of the deadline specified in this paragraph for armed school security guards to complete the required instruction due to a hardship in complying with the deadline. The deadline may be extended to no later than the beginning of the 2020-2021 school year. The following shall apply:

(C) The school entity or nonpublic school shall submit the approved hardship extension to [the Office of Safe Schools within] the department not later than 15 days from the date of approval. Any documentation submitted under this clause may not be subject to inspection and duplication under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Section 1502-E. Character education program.

(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] behaviors that impede the learning of self or others , 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.

Section 25. Section 1913-A(b)(1.6) of the act is amended by adding a subparagraph to read:

Section 1913-A. Financial Program; Reimbursement of Payments.--* * *

(b) * * *

(1.6) For the 2006-2007 fiscal year and each fiscal year thereafter, the payment for a community college shall consist of the following:

(xviii) For the 2023-2024 fiscal year, each community college shall receive an amount equal to the following:

(A) An amount equal to the reimbursement for operating costs received in fiscal year 2022-2023 under subparagraphs (xvi)(A) and (C) and (xvii).

(B) An amount equal to the economic development stipend received in fiscal year 2022-2023 under subparagraph (xvi)(B).

(C) For each community college that receives funding under clause (A) or (B), an additional amount for operating costs determined for each community college, as follows:

(I) Multiply the audited full-time equivalent enrollment as verified under subsection (k.1) for the most recent year available for the community college by $5,130,000.

(II) Divide the product in subclause (I) by the sum of the audited full-time equivalent enrollment as verified under subsection (k.1) for the most recent year available for all community colleges that receive funding under clauses (A) and (B).

Section 25.1. The definitions of "educational improvement organization," "opportunity scholarship organization," "pre-kindergarten scholarship organization" and "scholarship organization" in section 2002-B of the act are amended to read:

Section 2002-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:

"Educational improvement organization." A nonprofit entity which:

(1) is exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.); and

(2) contributes at least [80%] 90% of its annual receipts as grants to a public school, a chartered school as defined in section 1376.1, or a private school approved under section 1376, for innovative educational programs.

For purposes of this definition, a nonprofit entity "contributes" its annual cash receipts when it expends or otherwise irrevocably encumbers those funds for expenditure during the then-current fiscal year of the nonprofit entity or during the next succeeding fiscal year of the nonprofit entity. A nonprofit entity shall include a school district foundation, public school foundation, charter school foundation or cyber charter school foundation.

"Opportunity scholarship organization." A nonprofit entity which:

(1) Is exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.); and

(2) Contributes at least [80%] 90% of the entity's annual cash receipts to an opportunity scholarship program.

For the purposes of this definition, a nonprofit entity contributes the entity's cash receipts to an opportunity scholarship program when the entity expends or otherwise irrevocably encumbers those funds for distribution during the then-current fiscal year of the nonprofit entity or during the next succeeding fiscal year of the nonprofit entity.

"Pre-kindergarten scholarship organization." A nonprofit entity which:

(1) is exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 or is operated as a separate segregated fund by a scholarship organization that has been qualified under section 2003-B; and

(2) contributes at least [80%] 90% of its annual cash receipts to a pre-kindergarten scholarship program by expending or otherwise irrevocably encumbering those funds for distribution during the then-current fiscal year of the organization or during the next succeeding fiscal year of the organization.

"Scholarship organization." A nonprofit entity which:

(1) is exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986; and

(2) contributes at least [80%] 90% of its annual cash receipts to a scholarship program.

For purposes of this definition, a nonprofit entity "contributes" its annual cash receipts to a scholarship program when it expends or otherwise irrevocably encumbers those funds for distribution during the then-current fiscal year of the nonprofit entity or during the next succeeding fiscal year of the nonprofit entity.

Section 26. Section 2003-B(c) introductory paragraph, (1) and (2) and (d.1)(2) introductory paragraph of the act are amended and subsections (c), (d) and (d.1) are amended by adding paragraphs to read:

Section 2003-B. Qualification and application by organizations.

(c) Scholarship organizations and pre-kindergarten scholarship organizations.--A scholarship organization or pre-kindergarten scholarship organization must certify to the department that the organization is eligible to participate in the educational improvement tax credit program established under this article and must agree to annually report the following information based on the immediately preceding fiscal year to the department by November 1 of each year:

(1) For each fiscal year through the 2024-2025 fiscal year:

(i) The number of scholarships awarded during the immediately preceding school year to eligible pre-kindergarten students.

(ii) The total and average amounts of the scholarships awarded during the immediately preceding school year to eligible pre-kindergarten students.

(iii) The number of scholarships awarded during the immediately preceding school year to eligible students in grades kindergarten through eight.

(iv) The total and average amounts of the scholarships awarded during the immediately preceding school year to eligible students in grades kindergarten through eight.

(v) The number of scholarships awarded during the immediately preceding school year to eligible students in grades nine through 12.

(vi) The total and average amounts of the scholarships awarded during the immediately preceding school year to eligible students in grades nine through 12.

(vii) Where the scholarship organization or pre-kindergarten scholarship organization collects information on a county-by-county basis, the total number and the total amount of scholarships awarded during the immediately preceding school year to residents of each county in which the scholarship organization or pre-kindergarten scholarship organization awarded scholarships.

(viii) The total number of scholarship applications processed and the amounts of any application fees charged, either per scholarship application or in the aggregate through a third-party processor.

(ix) The organization's Federal Form 990 or other Federal form indicating the tax status of the organization for Federal tax purposes, if any, and a copy of a compilation, review or audit of the organization's financial statements conducted by a certified public accounting firm.

(1.1) For the 2025-2026 fiscal year and each fiscal year thereafter:

(i) For each scholarship award given to an applicant:

(A) An indicator of whether the applicant was an eligible student or an eligible student with a disability.

(B) An indicator of whether the applicant was in grades kindergarten through eight or grades nine through 12.

(D) For the year in which the scholarship award was used:

(I) The name of the applicant's school district of residence.

(II) The name of the school entity that the applicant attended.

(ii) The information provided under subparagraph (i) shall not include personally identifiable information.

(2) The information required under [paragraph (1)] paragraphs (1) and (1.1) shall be submitted on a form provided by the department. No later than September 1 of each year, the department shall annually distribute such sample forms, together with the forms on which the reports are required to be made, to each listed scholarship organization and pre-kindergarten scholarship organization.

(2.1) Beginning with the annual report due November 1, 2026, the department shall annually post the information required under paragraph (1.1) in a downloadable spreadsheet on the department's publicly accessible Internet website.

(d) Educational improvement organization.--

(2.1) The department shall annually post the information required under paragraph (1)(i), (ii), (iii) and (iv) in a downloadable spreadsheet on the department's publicly accessible Internet website.

(d.1) Opportunity scholarship organizations.--

(2) [An] For each fiscal year through the 2024-2025 fiscal year, an opportunity scholarship organization must agree to report the following information on a form provided by the department by November 1 of each year:

(2.1) For the 2025-2026 fiscal year and each fiscal year thereafter, an opportunity scholarship organization must agree to report the following information on a form provided by the department by November 1 of each year:

(i) For each scholarship award given to an applicant:

(A) An indicator of whether the applicant was an eligible student or an eligible student with a disability.

(B) An indicator of whether the applicant was in grades kindergarten through eight or grades nine through 12.

(D) For the year in which the scholarship award was used:

(I) The name of the applicant's school district of residence.

(II) The name of the school entity that the applicant attended.

(ii) The information provided under subparagraph (i) may not include personally identifiable information.

(3.1) Beginning with the annual report due November 1, 2026, the department shall annually post the information required under paragraph (2.1) in a downloadable spreadsheet on the department's publicly accessible Internet website.

Section 27. Section 2006-B(a) of the act, amended July 8, 2022 (P.L.620, No.55), is amended to read:

Section 2006-B. Limitations.

(a) Amount.--

(1) The total aggregate amount of all tax credits approved for contributions from business firms to scholarship organizations, educational improvement organizations and pre-kindergarten scholarship organizations shall not exceed [$340,000,000] $470,000,000 in a fiscal year. The following shall apply:

(i) No less than [$263,000,000] $325,000,000 of the total aggregate amount shall be used to provide tax credits for contributions from business firms to scholarship organizations.

(ii) No less than [$44,500,000] $54,500,000 of the total aggregate amount shall be used to provide tax credits for contributions from business firms to educational improvement organizations.

(iii) The total aggregate amount of all tax credits approved for contributions from business firms to pre-kindergarten scholarship organizations shall not exceed [$20,500,000] $30,500,000 in a fiscal year.

(iv) No less than [$12,000,000] $60,000,000 of the total aggregate amount shall be used to provide tax credits for contributions from business firms to increase the scholarship or pre-kindergarten scholarship by up to $2,000 or, in the case of a scholarship for a student attending a secondary school, by up to $4,000, for a student attending an economically disadvantaged school, to the extent that the total amount of scholarships, pre-kindergarten scholarships and opportunity scholarships will not exceed the lesser of $8,500 or the school's tuition.

(2) The total aggregate amount of all tax credits approved for contributions from business firms to opportunity scholarship organizations shall not exceed [$65,000,000] $85,000,000 in a fiscal year.

Section 28. Section 2108 of the act is amended to read:

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] impairment , from successfully performing the duties of a teacher.

Section 29. The act is amended by adding a section to read:

Section 2327. State aid for fiscal year 2023-2024.

Notwithstanding any other provision of law to the contrary, from money appropriated for a subsidy to public libraries, funds shall be distributed in fiscal year 2023-2024 as follows:

(1) The State Librarian shall distribute $6,717 to each district library center that received less than the amount specified under 24 Pa.C.S. § 9338(b)(2) (relating to district library center aid) in fiscal year 2022-2023 from funds allocated under section 2326(1).

(2) All funds remaining after the distribution under paragraph (1) shall be distributed to each library under the following formula:

(i) Divide the sum of the amount of funding the library received in fiscal year 2022-2023 under section 2326(1) and paragraph (1) by the sum of the total amount of State aid provided under section 2326(1) and paragraph (1).

(ii) Multiply the quotient under subparagraph (i) by $70,422,981.

(3) Following distribution of funds appropriated for State aid to libraries under paragraphs (1) and (2), any remaining funds may be distributed at the discretion of the State Librarian.

(4) If funds appropriated for State aid to libraries in fiscal year 2023-2024 are less than funds appropriated in fiscal year 2002-2003, the State Librarian may waive standards as prescribed in 24 Pa.C.S. Ch. 93 (relating to Public Library Code).

(5) Each library system receiving State aid under this subsection may distribute the local library share of that aid in a manner as determined by the board of directors of the library system.

(6) 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.

(7) 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.

(8) In the event of a change in direct service area from one library to another, the State Librarian, upon agreement of the affected libraries, may redistribute the local library share of aid to the library currently servicing the area.

Section 30. Section 2501(11) of the act is amended to read:

Section 2501. Definitions.--For the purposes of this article the following terms shall have the following meanings:

(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 Education 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 with physical or mental disabilities , 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 with physical or mental disabilities , 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 career and technical 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.

Section 31. Section 2502.8(b)(1) of the act, amended July 8, 2022 (P.L.620, No.55), is amended to read:

Section 2502.8. Payments on Account of Pupils Enrolled in Career and Technical Curriculums.--* * *

(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 career and technical curriculums; for the 1985-1986 school year through the 1999-2000 school year, each school district and area career and technical school shall be paid an amount on account of students enrolled in career and technical curriculums; for the 2000-2001 school year and each school year thereafter, each school district, area career and technical school and charter school shall be paid an amount on account of students enrolled in career and technical 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 career and technical curriculums in area career and technical schools by twenty-one hundredths (.21) and the number of students in average daily membership in school district and charter school career and technical curriculums by seventeen hundredths (.17); except[, for] :

(i) for the 2021-2022 school year [and each fiscal year thereafter], determine the increase in the weighted average daily membership by multiplying the number of students in average daily membership in career and technical curriculums in area career and technical schools by two thousand two hundred seventy-six ten thousandths (.2276) and the number of students in average daily membership in school district and charter school career and technical curriculums by one thousand eight hundred forty-four ten thousandths (.1844).

(ii) For the 2022-2023 school year and each fiscal year thereafter, determine the increase in the weighted average daily membership by multiplying the number of students in average daily membership in career and technical curriculums in area career and technical schools by two thousand six hundred sixty-eight ten thousandths (.2668) and the number of students in average daily membership in school district and charter school career and technical curriculums by two thousand one hundred seventy-eight ten thousandths (.2178).

Section 32. Section 2509 heading and (b) of the act are amended to read:

Section 2509. Payments on Account of Courses for [Exceptional] Children with Disabilities .--* * *

(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 with disabilities , 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 with disabilities , 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 with physical or intellectual disabilities 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 with disabilities . The quotient so obtained shall be the "instruction cost per [special class pupil] student with a disability ."

Section 33. Sections 2509.1(c.2)(1) and 2510.3(a)(2) of the act, amended July 8, 2022 (P.L.620, No.55), are amended to read:

Section 2509.1. Payments to Intermediate Units.--* * *

(c.2) The following apply:

(1) For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022 [and] , 2022-2023 and 2023-2024 school years, five and five-tenths percent (5.5%) of the State special education appropriation shall be paid to intermediate units on account of special education services.

Section 2510.3. Assistance to School Districts Declared to be in Financial Recovery Status or Identified for Financial Watch Status.--(a) The following apply:

(2) For the 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022 [and] , 2022-2023 and 2023-2024 fiscal years, the Department of Education may utilize up to seven million dollars ($7,000,000) of undistributed funds not expended, encumbered or committed from appropriations for grants, subsidies and assessments made to the Department of Education to assist school districts declared to be in financial recovery status under section 621-A, identified for financial watch status under section 611-A or identified for financial watch status under section 694-A; except that the funds must be first utilized to accomplish the provisions contained in section 695-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.

Section 34. Sections 2517(e) and 2541(b)(3) of the act are amended to read:

Section 2517. Payments.--* * *

(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] burdened , when the secretary deems it necessary to enable the school district to keep their public schools open.

Section 2541. Payments on Account of Pupil Transportation.--* * *

(b) Such payments for pupil transportation shall be made in the following cases:

(3) To all school districts, for the transportation of [physically or mentally handicapped] children with physical or intellectual disabilities 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.

Section 35. Section 2599.6 of the act is amended by adding a subsection to read:

Section 2599.6. Ready-to-Learn Block Grant.--* * *

(a.4) For the 2023-2024 school year and each school year thereafter, each school entity shall receive a Ready-to-Learn Block Grant in an amount not less than the amount received by the school entity from the appropriation for the Ready-to-Learn Block Grant during the 2022-2023 fiscal year.

Section 36. Section 2599.7(b), (c) and (d) of the act are amended to read:

Section 2599.7. Payment of Required Contribution for Public School Employes' Social Security.--* * *

(b) For the fiscal year beginning July 1, 2019, through the fiscal year ending June 30, 2023, payment of the amounts calculated under 24 Pa.C.S. § 8329 for school districts shall be made from the appropriation for basic education funding.

(c) For the fiscal year beginning July 1, 2019, through the fiscal year ending June 30, 2023, if insufficient funds are available for payment of the amounts calculated under 24 Pa.C.S. § 8329 for school districts, the Department of Education shall notify the Governor, the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives of the amount of the insufficiency. An amount equal to the insufficiency may only be paid to school districts from a supplemental appropriation in the general appropriations act.

(d) For the fiscal year beginning July 1, 2019, through the fiscal year ending June 30, 2023, if the amount calculated for payments to school districts under 24 Pa.C.S. § 8329 exceeds the amount necessary, the Department of Education shall notify the Governor, the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives of the amount of the excess. An amount equal to the excess shall be distributed to school districts as a supplemental payment calculated under the formula contained in section 2502.53.

Section 37. Section 2608-J of the act, amended July 8, 2022 (P.L.620, No.55), is amended to read:

Section 2608-J. Applicability.

This article shall apply to projects for which approval and reimbursement is sought and to the maintenance project grant program beginning July 1, [2023] 2024 .

Section 38. The act is amended by adding an article to read:

ARTICLE XXVI-L

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM

Section 2601-L. 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:

" Account. " The School Environmental Repairs Program Restricted Account established under section 2602-L.

"Department." The Department of Education of the Commonwealth.

" Program. " The School Environmental Repairs Program established under section 2603-L.

" School entity. " A school district, area career and technical school, charter school or regional charter school.

Section 2602-L. School Environmental Repairs Program Restricted Account.

The School Environmental Repairs Program Restricted Account is established as a restricted account in the General Fund. The following shall apply:

(1) Money in the account is appropriated to the department on a continuing basis to provide program grants under this article during fiscal years 2023-2024 and 2024-2025.

(2) The State Treasurer may accept appropriations, transfers, gifts, donations, legacies or any other revenues, including allowable Federal funds, for deposit into the account.

(3) Any interest that accrues in the account shall remain in the account.

Section 2603-L. School Environmental Repairs Program.

(a) School Environmental Repairs Program.--The School Environmental Repairs Program is established in the department to provide grants to school entities for the abatement or remediation of environmental hazards in a school building or buildings.

(b) Application process.--The department shall develop a process for school entities to apply for program grants.

(c) Eligible projects.--Projects that abate or remediate environmental hazards, including, but not limited to, the abatement or remediation of lead in water sources, asbestos and mold inside the school buildings of eligible school entities, are eligible to receive a program grant.

(d) Form of application.--A school entity must apply for a program grant on a form prescribed by the department. The form shall include the following information:

(1) Description of the abatement or remediation project.

(2) Information related to the risk of exposure to environmental hazards.

(3) Estimated cost of the project.

(4) Source and amount of local matching funds.

(5) Documentation to support the environmental hazards to be remedied, the estimated cost and the source of local matching funds.

(6) Timeline to complete the work.

(7) Other information required by the department.

(e) Grant prioritization.--The department shall prioritize eligible projects that abate or remediate environmental hazards that present the greatest risk of exposure using the following information:

(1) Elevated lead levels in drinking water.

(2) The percentage of the population in the county where the project is located with a confirmed blood lead level over 5 mg/dL as determined by the department in consultation with the Department of Health.

(3) Contents of the application.

(4) Any other risk factor determined by the department.

(f) Funding and local match for program grants.--

(1) The department may award a program grant to an eligible school entity in an amount up to 50% of the cost of the eligible project. The department shall not award a program grant in excess of $10,000,000.

(2) A school entity must have a local match of at least 50% of the total cost of all projects listed in its application. The local match may come from any non-State source funding, including Federal or local money and donations. The school entity must document its local match as part of its application.

(3) An eligible school entity may not use program grant money for recurring upkeep on physical facilities, including cleaning, minor repair of fixtures or structures, painting unrelated to the abatement or remediation of lead paint or the regular servicing of heating, air conditioning or other equipment.

(g) Guidelines.--The department shall issue guidelines for the program at least 60 days before the beginning of the application period. The guidelines shall include:

(1) The application process, including deadlines.

(2) The application form developed by the department.

(3) Information on eligible projects.

(4) An explanation of the prioritization factors.

(h) Monitoring.--The department, or its designee, shall randomly audit and monitor program grant recipients to ensure the appropriate use of program grant funds and compliance with provisions of the program.

(i) Effect of grant money received.--Program grant money received by a school district under this section may not be included when calculating the amount to be paid to a charter school under section 1725-A.

(j) Whole or partial awards.--The department, in its discretion, may award in whole or in part a request made by a school entity in its grant application based upon the merit of a specific item requested.

(k) Report.--The department shall publish program grant award information, including award amounts and a description of the funded project, on its publicly accessible internet website at the conclusion of each funding round.

Section 39. This act shall take effect immediately.

APPROVED--The 13th day of December, A.D. 2023.

JOSH SHAPIRO

Pennsylvania Act 2023-33 — PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS

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