Office of the Executive Director Legislative and Community Services

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1 Office of the Executive Director Legislative and Community Services DELAWARE COUNTY INTERMEDIATE UNIT LEGISLATIVE UPDATE February 1, 2017 Session Information The session officially started on January 23. Gov. Wolf will unveil his proposed state budget on Feb. 7, 11:30 am. The May Primary Election will be on May 16. Session Days House January 3(swearing in), 23, 24, 25, February 6, 7, 8, March 13, 14, 15, 20, 21, 22, April 3, 4, 5, 18, 19, 24, 25, 26, May 8, 9, 10, 22, 23, 24, June 5, 6, 7, 12, 13, 14, 19, 20, 21, 22, 26, 27, 28, 29, 30 Senate January 3(swearing in), 23, 24, 25, 30, 31, February 1, 6, 7, 8, March 20, 21, 22, 27, 28, 29, April 17, 18, 19, 24, 25, 26, May 8, 9, 10, 22, 23, 24, June 5, 6, 7, 12, 13, 14, 19, 20, 21, 22, 26, 27, 28, 29, 30 Committee Meetings Monday 3/6/17 10:00 am Tuesday 3/7/17 1:00 pm House Appropriations Budget Hearing with Department of Education Senate Appropriations Budget Hearing with Department of Education News/Updates Property Tax Elimination The haste to pass this legislation has slowed down. But the issue is not dead. Senate Republicans are scheduled to discuss property tax elimination later this week, laying the groundwork depending on how the conversation goes for a run at a property tax elimination bill over the next couple of months. Senate Education Committee subcommittees Chairman Eichelberger stated at a Senate Education Committee meeting on January 31, that the agenda for the next two years is being set. He said three subcommittees are being formed: Minority Chairman Andrew Dinniman (D-Chester) will chair the Contract Transparency and Public Bidding Subcommittee; Sen. Ryan Aument (R- Lancaster) will chair the Career and Technical Education Subcommittee; and Sen. John DiSanto will chair the Transportation and Support Services Subcommittee. School choice expansion sought at state, national level The movement for increased school choice gained some traction in recent days as a bipartisan group of legislators, including Speaker of the House Mike Turzai (R-Allegheny), introduced legislation to expand the EITC/OSTC tax credit programs. These programs allow businesses to take a tax deduction for donating scholarship funds for lowand-middle-income students and/or providing funds for innovative programs within schools. The January 2017 PASA/PASBO Report on School District Budgets was released February 1, 2017 and is available on the PASA and PASBO websites: To access the report via PASA: To access the press release via PASA: 17.pdf To access the report via PASBO: To access the press release via PASBO:

2 DCIU Legislative Update -2- February 1, 2017 Legislative Actions SB 128 Eichelberger (R) Pre-emption of Local Employer Leave Mandates. An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statuses, in preemptions, providing for leave and compensation mandates. The bill prohibits municipalities from mandating that all employers within that municipality comply with certain employee leave policies. This legislation would impact school districts as employers. It was reported as amended from Senate Local Government on January 19, SB 166 Eichelberger (R) Campaign Fund collections. The Protection of Public Employee Wages Act provides for protection of paychecks of certain workers and for the collection of political contributions. The bill states that a public employer may not deduct from the wages of a public employee, money or funds to be used for political contributions, except as required by a valid collective bargaining agreement entered into between a public employer and a representative of its employees prior to the effective date. Provisions regarding the protection of public employee wages are effective in 60 days and the remainder is effective immediately. It was reported as amended from Senate State Government on January 31, SB 167 Wagner, Scott (R) Political Funds. Joint Resolution proposing integrated amendments to the Constitution of Pennsylvania prohibiting the Executive Department and school districts from making payroll collections of dues, fees and political contributions. Constitutional amendments require approval in two consecutive legislative sessions and then approval by the voters through a referendum. - The bill was reported as amended from Senate State Government on January 31, Sen. Dinniman, Sen. Leach, Sen. Schwank and Chairman Williams voted nay. An amendment by Folmer ensures that the constitutional amendments proposed by SB 167 are in line with Sen. Eichelberger s proposals in SB 166. The amendment was adopted. Sen. Dinniman, Sen. Leach, Sen. Schwank, and Chairman Williams voted nay. SB 227 Eichelberger (R) Superintendent Contracts. This amends Sections 1073(b) and 1077(b) of the Public School Code to shorten the deadline for school boards to make renewal decisions regarding superintendent renewal decisions regarding superintendent and assistant superintendent contracts from 150 to 90 days prior to expiration of the contract. Additionally, SB 227 alters the automatic renewal of these contracts to one year if the renewal notice deadline is missed. It was reported as committed from Senate Education on January 31, SB 228 Eichelberger (R) Economic Furlough. This amends the Public School Code further providing for causes for suspension and persons to be suspended by adding that professional employees can be suspended for economic reasons that require a reduction in professional employees. Suspension shall be based upon educational program needs, the professional employee s certifications or performance evaluations of employees within the affected program areas. Reinstatement shall be on the basis of qualification to teach a particular subject or grade level or to hold a particular position, followed next by seniority. No collective bargaining agreement for professional employees may include provisions prohibiting suspension of professional employees for economic reasons. Effective immediately. - The bill was passed over January 31, Chairman Eichelberger indicated that the bill was passed over so that an amendment to the bill can be crafted. SB 229 Eichelberger (R) Mandated Sick, Bereavement, and Sabbatical Leave. This amends the Public School Code, in professional employees, further providing for payment of salaries in cases of sickness, injury or death, for alternative payment plan, for persons entitled to leaves of absence, for salary while on leave and for Distinguished Educators Program. Several sections providing for sick and sabbatical leave are repealed and the bill states Whenever the boards of school directors of two or more school districts may establish any joint elementary public school, high school or department, or whenever two or more school districts shall merge or form a union school district or administrative unit in accordance with the provisions of sections 291, 292, 293, 294, 295, 296 and 297 of this act, the professional or temporary professional employees employed by the several boards of school directors establishing

3 DCIU Legislative Update -3- February 1, 2017 such joint school or department or merged or union school district or administrative unit shall be entitled to the sick leave accumulated in the individual school districts subsequently establishing such joint school or department or merged or union school district or administrative unit. Effective in 60 days. The bill was reported as committed with Chairman Dinniman, Sen. Brewster, Sen. Daylin Leach (D-Montgomery), Sen. Robert Tomlinson (R-Bucks), and Sen. Williams voting in the negative on January 31, New Legislation SB 80 Greenleaf (R) The School-based Child-care Assistance Act. This Act establishes a statewide program to support and guide public and private schools in the establishment of extended school day child-care programs for school-age children; defines eligibility; and provides for the powers and duties of the Department of Human Services. Effective July 1, 2017, or immediately, whichever is later. It was introduced and referred to Senate Education on January 31, SB 134 Scavello (R) The Mental Health and Intellectual Disability Staff Member and Alcohol and Drug Addiction Counselor Loan Forgiveness Program Act provides for Commonwealth support for a Mental Health and Intellectual Disability Staff Member Loan Forgiveness Program and an Alcohol and Drug Addiction Counselor Loan Forgiveness Program, both of which are established in the legislation. The Mental Health and Intellectual Disability Staff Member Loan Forgiveness Program provides loan forgiveness of up to $5,000 per year, or $20,000 per applicant, for the education necessary to be a mental health or intellectual disability staff member in Pennsylvania if the applicant enters into a contract with the agency that requires the qualified recipient to remain employed as a full-time mental health or intellectual disability staff member in Pennsylvania for a period of two consecutive years. The Alcohol and Drug Addiction Counselor Loan Forgiveness Program similarly provides for $5,000 per year, or $20,000 per applicant, in loan forgiveness for the education necessary to be an alcohol and drug addiction counselor in Pennsylvania if the qualified applicant enters into a contract with the agency that requires the qualified recipient to remain employed as a full-time alcohol and drug addiction counselor in Pennsylvania for a period of two consecutive years. The Pennsylvania Higher Education Assistance Agency (PHEAA) shall report annually on the operation of the programs. Effective in 60 days. It was introduced and referred to Senate Education on January 20, SB 151 Boscola (D) The Academic Ex mic excellence scholarships for individuals entering a college or university within this Commonwealth; and confers powers and imposing duties on the Pennsylvania Higher Education Assistance Agency. The Academic Excellence Scholarship Program is established to reward academic excellence and provide an incentive for Pennsylvania students to pursue higher education and professional opportunities within this Commonwealth. Effective July 1, 2017 or immediately, whichever is later. Jan 20, S-Introduced and referred to committee on Senate Education SB 152 Boscola (D) This amends the Public School Code, in terms and courses of study, requiring the Department of Health to establish a unit of instruction to educate students in grades eleven and twelve regarding blood donation, to emphasize the need for donated blood and to encourage blood donation and participation in blood donation programs for students. Effective in 60 days. It was introduced and referred to committee on Senate Education on January 20, SB 153 Boscola (D) This amends the Public School Code, in the State System of Higher Education, further providing for project contracts by adding that certain contracts shall not be subject to review under section 204(f) of the Commonwealth Attorneys Act. The contracts shall be made available to the public by listing them with the Treasury Department in accordance with the Right- to-know Law. Effective immediately. It was introduced and referred to Senate Education on January 20, 2017.

4 DCIU Legislative Update -4- February 1, 2017 SB 156 Tartaglione (D) This amends Title 51 (Military Affairs) defining "annual income" and "income"; and adding that the commission shall fix uniform and equitable standards for determining the need for exemption from the payment of real estate taxes granted by this act. In fixing such uniform and equitable standards, an applicant with annual income of $75,000 or less shall be deemed to be in need of the exemption. The commission shall increase every two years the annual income level qualifying for the exemption for need by an amount equal to the average of any increase in the Consumer Price Index in the preceding two years. The commission shall publish the adjusted annual income level qualifying for the exemption for need as a notice in the Pennsylvania Bulletin. For applicants with an annual income that exceeds $75,000, after submission of proof of need by the applicant for the exemption from payment of real estate taxes, the commission shall determine the need of the applicant. Effective in 60 days. It was introduced and referred to committee on Senate Veterans Affairs and Emergency Preparedness on January 20, SB 191 McGarrigle (R) This amends Title 18 (Crimes and Offenses), in minors, further providing for sale of tobacco and for use of tobacco in schools prohibited by adding alternative nicotine products and vapor products to the scope. Effective in 60 days. It was introduced and referred to Senate Judiciary on January 26, SB 195 Folmer (R) This amends the Public School Code repealing provisions relating to report of racial and ethnic groupings, to study of public schools that provide Internet instruction, to corporate seal, to submission of plans, to approval of plans, to disapproval of plans, to Department of Public Instruction to prepare plans, to establishment of reorganized school districts, to advance establishment, to special school watchmen-school districts in townships of the second class, to copies of school laws, to educational broadcasting, to residences for teachers and janitors, to heating stoves to be shielded, to ventilation and thermometer, to fireproof construction, to doors to open outward and fire escapes, etc., to completion of abandoned WPA projects in districts of the third and fourth class, to condition of grounds and shade trees, to summer schools, etc., to possession of telephone pagers prohibited, to nonprofit school food program, to antitruancy programs, to medical care for children under six with defective hearing, to report, to care and treatment of pupils and to local wellness policy; in terms and courses of study, further providing for fire and emergency evacuation drills; repealing provisions relating to foreign language academies, to monthly reports to school directors of the districts second, third and fourth class, to alcohol, chemical and tobacco abuse program, to read to succeed program, to department duties and powers; in vocational education, further providing for duties of State Board for Vocational Education and reports; repealing provisions relating to schools or classes, supervisors, principals, instructors, etc., to estimate of expenses and reimbursements, appropriations and to teachers of evening schools; in Thaddeus Stevens College of Technology, further providing for powers and duties of the board of trustees; repealing provisions relating to annual report, to duties of public institutions of higher education, to medical education loan assistance, to special study on the revenue impact of out-of-state tax credits, to powers and duties of the board and to reports and recommendations. Effective in 60 days. It was introduced and referred to committee on Senate Education on January 26, SB 198 Hughes (D) Charter School Law Reform. This amends the Public School Code, in charter schools, further providing for establishment of charter school by requiring an application to include a description of the financial impact the charter school will have on the school district; providing for enrollment by requiring that an attendance slot must be filled from the existing pool of qualified applications; and providing for causes for nonrenewal or termination by adding that the appeal board shall have the exclusive review of a decision not to renew or revoke a charter based solely on whether or not the decision of the local school board is supported by substantial evidence or whether or not the local school board committed an error of law. The bill also provides extensively for funding for charter schools. Effective immediately. It was introduced and referred to committee on Senate Education on January 26, SB 199 Hughes (D) School Reform Commission. This amends the Public School Code, in school finances, further providing for distress in school districts of the first class by providing that the governor, after proper investigation of the district's financial condition, the administrative practices of the School Reform Commission and other matters

5 DCIU Legislative Update -5- February 1, 2017 deemed appropriate by the Secretary of Education, may issue a declaration to dissolve the School Reform Commission if the governor determines that dissolving the School Reform Commission is in the best interests of the students of the school district. Effective in 60 days. It was introduced and referred to committee on Senate Education on January 26, SB 204 Hughes (D) Teacher Tax Credit. This amends the Tax Reform Code adding an article providing for a teacher tax credit for a certified teacher who incurs expenses for the purchase of classroom expenses and supplies in a taxable year may apply for a teacher tax credit as provided in this article. The total amount of credits approved by the Department shall not exceed $15,000,000 in any fiscal year nor may the credit exceed $500 per applicant per tax year. Applicable to tax years commencing after December 31, 2016, and effective immediately. It was introduced and referred to committee on Senate Education on January 26, SB 212 Leach (D) LEED Compliant Schools. This amends the Public School Code, in grounds and buildings, further providing for referendum or public hearing required prior to construction or lease by exempting monies paid to build a LEED compliant school from consideration under Act 34's formula; and providing for reimbursements by the Commonwealth and between school districts. Effective in 60 days. It was introduced and referred to committee on Senate Education on January 26, SB 217 Leach (D) Increasing Immunization Rates in Pennsylvania. This amends the Public School Code adding language providing a strong moral or ethical conviction similar to a religious belief may not qualify as an exemption from immunization. Effective in 60 days. It was introduced and referred to committee on Senate Education on January 26, HB 19 O'Brien, M. (D) School Reform Commission. This amends the Public School Code, in school finances, further providing for distress in school districts of the first class and providing for school board in distressed school districts and making related repeals. Directs the Secretary of Education to dissolve the School Reform Commission effective at the end of the school year to be replaced by the School Board in Distressed School Districts. Provides for the composition and powers of the School Board and its members, and permits such a School Board to operate in each distressed school district in a city of the first class. Grants the School Board certain taxing authority and powers and duties under Article V, as well as any duties granted to the School Reform Commission. Effective in 60 days. It was introduced and referred to committee on House Education January HB 24 O'Brien, M. (D) Kindergarten Class Size. This amends the Public School Code to prohibit kindergarten class sizes from exceeding 20 students. Effective immediately. It was introduced and referred to committee on House Education January HB 25 Mackenzie (R) CareerBound Workforce Development Program. This Act provides for school-to-work pilot programs; establishing the CareerBound Program; providing for a tax credit; and imposing powers and duties on the Department of Labor and Industry. It was introduced and referred to House Labor and Industry on January 31, HB 49 Burns, F. (D) School Busing. This amends the Public School Code, in pupils and attendance, requiring school districts to provide school busing to any resident pupil if he or she resides in a school district where a sex offender is registered. Effective in 60 days. It was introduced and referred to committee on House Education on January 23, 2017.

6 DCIU Legislative Update -6- February 1, 2017 HB 67 Burns (D) Parental Involvement. This amends the Public School Code, in duties and powers of boards of school directors, requiring the establishment of parent involvement programs and policies in school districts; and establishing the school health services task force. It lays out guidelines for such programs and policies and for the task force. The addition of section 528 of the act shall take effect in 180 days; the addition of section 1425 is effective in 60 days. It was introduced and referred to committee on House Education on January 23, HB 73 Godshall (R) Opening of School after Labor Day. This amends the Public School Code to prevent non-year-round school districts from beginning school or conducting teacher in- service sessions prior to Labor Day, except upon approval due to extenuating circumstances. Effective in 60 days. It was introduced and referred to committee on House Education on January 23, HB 106 Driscoll (D) Financial Literacy Course. This amends the Public School Code, in terms and courses of study, to add personal finance to required subjects of instruction at schools and establishes the Office of Personal Finance Education for oversight and reporting of results and programs. Allows the Department to distribute grants to schools for such programs through state appropriations and any Federal, State or other source available. Effective in 60 days. It was introduced and referred to committee on House Education on January 23, HB 126 Baker, Matt (R) Epi-Pen Access. The Epinephrine Auto-Injector Entity Act provides for the use and stock of epinephrine autoinjectors by recreation camps, colleges and universities, day-care facilities, youth sports leagues, amusement parks, restaurants, places of employment, and sports arenas. Requires completed training by employees of eligible institutions before administration and provides Good Samaritan protections. Effective in 60 days. It was introduced and referred to committee on House Education on January 23, HB 164 Saccone (R) Ghost Teachers Reintroduction Former HB This amends the Public School Code providing that each statewide employee organization may designate not more than three individuals throughout the Commonwealth at any time who may take union leave, provided that each designated individual may take union leave for a cumulative period of no more than six school years, subject to various caveats. Among them, no payments shall be made to the employer from funds appropriated for school employees' Social Security with respect to the employee for the period of union leave, notwithstanding 24 Pa.C.S (relating to payments on account of social security deductions from appropriations). Effective immediately. It was introduced and referred to committee on House Education on January 23, HB 172 Marsico (R) Prevailing Wage Act. This amends the PA Prevailing Wage Act further providing for definitions; providing for referendum for prevailing wage rates, for subsequent public referenda and for election interference prohibited; and repealing related provisions of the Public School Code. Excludes school districts from the "public body" definition and establishes definitions for County Board, County, and school district. Requires referendum questions and subsequent statements to determine whether the voters in each county favor the payment of minimum prevailing wage rates on public works projects situated in that county and undertaken by a school district. Approval of the county referendum shall be by majority vote of the electors voting on the question in the county. In instances where a school district is located in more than one county, the referendum result shall apply solely to the public works projects constructed by a school district in the geographic territory of the county where the public works project is located. Effective in 60 days. It was introduced and referred to committee on House Education on January 23, HB 178 Day (R) Emergency Drills. This amends the Public School Code, in terms and courses of study, requiring school entities to conduct one school security drill within 90 days of commencement of the year each school year in each school building. Effective in 60 days. It was introduced and referred to committee on House Education on January 23, 2017.

7 DCIU Legislative Update -7- February 1, 2017 HB 184 Sonney (R) District Cyber Schools. This amends the Public School Code, in charter schools, providing for full-time cyber education program offered by school district. The bill outlines provisions that apply to a student who resides in a school district that offers a full-time cyber education program. Effective in 60 days. It was introduced and referred to committee on House Education on January 24, HB 202 Turzai (R) Graduation Requirements for CTE. This amends the Public School Code, in preliminary provisions, further providing for Keystone Exams adding that in any school year in which a demonstration of proficiency on a Keystone Exam is required for high school graduation, a CTE Concentrator shall be deemed proficient provided that the CTE Concentrator shall meet all of the outlined requirements. Effective immediately. It was introduced and referred to committee on House Education on January 24, HB 205 Hill, Kristin (R) Restricting Public Pensions for Future Association Employees. This amends Title 24 (Education) clarifying the term "governmental entity" does not include an association authorized to receive membership dues from a public school entity. Effective immediately. It was introduced and referred to committee on House Education on January 25, HB 207 Hill, Kristin (R) Model Curriculum. This amends the Public School Code requiring the Department of Education to establish a model curriculum to be available to school entities for instruction in the events and significance of September 11, Effective in 60 days. It was introduced and referred to committee on House Education on January 25, HB 208 Hill, Kristin (R) Unfunded Educational Mandates. Joint Resolution proposing an amendment to the PA Constitution, in procedure relating to legislation, prohibiting the passage of unfunded directives from the General Assembly concerning education passed through legislation. It was introduced and referred to committee on House Education on January 25, HB 213 Miller, Daniel (D) Transfer Between Entities. This amends the Public School Code requiring professional school employees and education support professionals, in the event of a school closure or program curtailment, to be offered jobs according to seniority if the receiving district needs additional staff. Effective in 60 days. It was introduced and referred to committee on House Education on January 25, HB 227 Sonney (R) Exempt Residents 65+ from the local Per Capita Tax. This amends the Public School Code, in school finances, further providing for per capita taxes. It was introduced and referred to committee on House Education on January 25, HB 230 Sonney (R) County Property Tax Reduction & Diversification Act. Act providing for county property tax reduction; and establishing the Property Tax Reduction and Diversification Fund. It was introduced and referred to committee on House Education on January 25, HB 237 Christiana (R) Increased Investments in EITC and OSTC Programs (Formally HB 752). This amends the Public School Code, in educational tax credits, further providing for limitations. It was introduced and referred to committee on House Education on January 23, 2017.

8 DCIU Legislative Update -8- February 1, 2017 HB 250 Turzai (R) Educational Improvement Tax Credit and Opportunity Scholarship Tax Credit Increases. This amends the Public School Code, in educational tax credits, further providing for limitations. It was introduced and referred to committee on House Education on January 23, Submitted by Adriene Irving, Director, Legislative and Community Services (Sources: PLS, PA General Assembly, Capitolwire, PASA, PSBA)