As part of the 2012-13 state budget, Governor Tom Corbett signed into law House Bill 1901, which made several changes to the Public School Code of 1949. Below is an overview of the changes made by Act 82 of 2012.

Please note, this is a summary and further guidance on the implementation of these provisions will be forthcoming.

SCHOOL EMPLOYEES

Clarifies that the employment prohibitions contained in Sections 111(e) and 111(f.1), based on conviction of certain offenses, applies to both current and prospective employees.  The requirements to report arrests and convictions are expanded to include, in addition to the 111(e) offenses, arrests for or convictions of offenses listed under Section 111(f.1). The department will revise the report form required by Section 111 and publish the revised form in the Pennsylvania Bulletin and on the department’ss website. For more information, contact Steve Fisher at sfisher@pa.gov.  

Allows for the addition of a graduate degree in management to qualify individuals for election or appointment of superintendent and also, for the next three years, permits a person with a Juris Doctorate degree and at least four years of relevant work experience in law to serve as a superintendent or assistant superintendent. The department will review and confirm that individuals meet the new statutory requirements for appointment. A request for review of the qualifications may be made by a form that the department will develop, which will be made available on the department’ss web site. The department will also issue a commission upon hiring. For more details, contact Steve Fisher at sfisher@pa.gov.  

Provides for superintendent contract transparency, requiring that superintendent and assistant superintendent contracts include specific provisions/limitations, such as all provisions for compensation and benefits to be paid; termination, buy out and severance provisions; limitations related to compensation for unused sick leave from previous employment; post-retirement benefits and benefit duration; and objective performance standards. It further provides for annual performance reviews and subjects the contracts to the Right to Know Law. For more information, contact Steve Fisher at sfisher@pa.gov.  

Provides for the creation of a new rating tool for classroom teachers starting in the 2013-14 school year and for principals and nonteaching professionals starting in the 2014-15 school year. The tool for classroom teachers needs to be developed, issued and published in the Pennsylvania Bulletin by June 30, 2013. The tools for principals and nonteaching professionals need to be developed, issued and published in the Pennsylvania Bulletin by June 30, 2014. For more information, contact Carolyn Dumaresq at cdumaresq@pa.gov.

Allows schools to suspend/furlough employees based on curtailments or alterations of educational programs without the department’ss approval of the programmatic change.  The district must still notify the department and the information will be posted online. For more information, contact Steve Fisher at sfisher@pa.gov.

SCHOOL FINANCES

Provides for Accountability Block Grants (ABG) in the 2012-13 fiscal year to be distributed by a formula and prorated if sufficient funds are not available.  The funds are to be used for ABG eligible expenses as defined in Section 2599.2. For additional information, contact Ed Vollbrecht at edwvollbre@pa.gov.  

Allows school districts to reopen their 2012-13 budgets to reflect state and federal appropriations for the 2011-12 and 2012-13 fiscal years. In addition, budgets may be reopened for an increase in local revenue if the change is due to legislation enacted during the 2011 regular session. Contact Benjamin Hanft at bhanft@pa.gov for additional information.

Provides for payments for Basic Education Funding, Special Education Funding and intermediate units. For additional information, contact Benjamin Hanft at bhanft@pa.gov.

Provides for payments to community colleges. For additional information, contact Jessica Sites at jesites@pa.gov.

Provides for payments for libraries. For additional information, contact Eileen Kocher at ekocher@pa.gov.

Provides for a moratorium on new Part A PlanCon project applications not received by the department by October 1, 2012. The department will also conduct a review of the current process in which school building projects are reviewed and approved. For additional information, contact Nichole Duffy at nduffy@pa.gov.

Provides that contracts for work or purchase of supplies that exceed $18,500 as adjusted by CPI must be done under separate contracts.  Also provides that a school district can proceed with emergency repairs without the approval of the department, but still requires notification to the department.  The department will provide the form and manner for school districts to report these types of incidents. Contact Nichole Duffy at nduffy@pa.gov for additional information.

Eliminates the incentive program for health and nutrition.  For more information, contact Vonda Cooke at vcooke@pa.gov.

Provides that a school district is not prohibited from receiving reimbursement for approved building improvements, including the cost of acquiring a suitable site for a school building, the cost of constructing a new school building or the cost of providing needed additions or alterations to existing buildings if a school district elects not to remove any relocatable or modular classroom utilized after the completion of a building project. For more information, contact Nichole Duffy nduffy@pa.gov.  

DISTRICT ADMINISTRATION

Modifies the deployment of the Keystone Exams. By the 2020-21 school year, the department will, subject to annual appropriation, develop and implement the following Keystone exams:  Algebra I, Literature, Biology, English Composition, Algebra II, Geometry, United States History, Chemistry, Civics and Government and World History. For questions regarding the Keystone Exams, contact Rich Maraschiello at c-rmarasch@pa.gov.  

Creates an open campus initiative to encourage collaboration between and among school districts to provide high-quality education through cooperative agreements. These agreements are to be developed by school districts. The department is to provide any technical assistance needed to the school districts that are establishing and operating these open campus initiatives. Contact Mike Wilson at mrwilson@pa.gov for more information.

Removes the 165-student cap for designating students to neighboring school districts in third class school districts operating under a special board of control that do not operate a high school program. Provides that the tuition rate for the 2012-13 school year and each year thereafter that a designated school district receives for each student it receives shall be the greater of $10,000 or the product of the tuition rate established for the prior school year and the greater of the percentage increase in total budgeted revenues or the index set pursuant to the Taxpayer Relief Act. For two consecutive school years following the effective date, a school district designated to receive students shall receive $500 per student reassigned and entering grades 7, 8 or 9 for transition services. This section currently only applies to the Duquesne City School District and those school districts designated to receive Duquesne’ss high school students. For questions on reassignment of students, contact Carolyn Dumaresq at cdumaresq@pa.gov. For information on district reimbursement, contact Nichole Duffy at nduffy@pa.gov.  

SCHOOL SAFETY

Requires each school entity (AVTS, charter, cyber charter, IU, nonpublic or school district) to have at each school/location one person certified in CPR during regular school hours. For additional information, contact Mike Kozup at mkozup@pa.gov.  

Provides that the State Board of Education may revise the model memorandum of understanding (MOU) for school safety by publishing a notice in the Pennsylvania Bulletin that contains the complete revised model MOU. Contact Mike Kozup at mkozup@pa.gov for more information.

Permits a local board of school directors to enter into agreements with other political subdivisions to provide for safety and security of a school. For additional information, contact Mike Kozup at mkozup@pa.gov.  

HIGHER EDUCATION

Creates the Targeted Industry Cluster Certificate Scholarship Program within the Pennsylvania Higher Education Assistance Agency (PHEAA). The need-based program is geared toward students enrolled in courses of study in the energy, advanced materials, diversified manufacturing, agriculture and food production fields. Eligible courses of study must be more than 10 weeks in length, less than two academic years in length and be Title IV eligible. A list of eligible programs and participation requirements can be found at www.pheaa.org/pa-tip.  

Amends the data moratorium language to provide that institutions of higher education may voluntarily provide data to the department. For more information, contact Jen Dugan at jendugan@pa.gov.

OTHER CHANGES TO THE SCHOOL CODE

Requires that schools submit to the department athletic opportunity and treatment data for male and female secondary students for the preceding year by October 15 of each year through a disclosure form established by the department. This form will be available on the department’ss web site and copies of the completed forms will be accessible on the department’ss website beginning in 2013. For additional information, contact Steve Fisher at sfisher@pa.gov.