DELAWARE COUNTY INTERMEDIATE UNIT LEGISLATIVE UPDATE October 1, 2014 STATE UPDATE At 3:19 p.m. on Wednesday, September 24, 2014 the Senate stands in recess until Monday October 6, 2014 at 1:00 p.m., unless sooner recalled by the President Pro Tempore. At 3:25 p.m. on Wednesday, September 24, 2014 the House stands adjourned until Monday, October 6, 2014 at 1:00 p.m., unless sooner recalled by the Speaker. Session Days House: October 6, 7, 8, 14, 15, November 12 Senate: October 6, 7, 8, 14, 15, November 12 Lawmakers returned for an abbreviated legislative session on September 15 (10 scheduled days in the Senate, 11 in the House) before the November General Election, after which neither chamber at this point intends to return for legislative work. And while legislative sources said days could always be added to the schedule prior to the election, if necessary, few state Capitol observers expect much to happen this fall in Harrisburg. But if anything happens, it s likely to be an ironing-out of differences between Senate and House Republicans regarding legislation that contains language authorizing the City of Philadelphia to levy an additional $2-per-pack tax on cigarettes to deliver additional revenue to the city s school district. Of course, there s always the possibility something could break the impasse regarding public pensions, but that s unlikely, and so is movement on the liquor privatization issue. According to The Patriot-News of Harrisburg, the medical marijuana legislation under consideration in the Senate might see some action, but it would still need approval from the House if passed by the Senate and that chamber could present a far more difficult obstacle to the measure. But anyone expecting significant legislative activity during the limited days of session might be disappointed still, it is the Pennsylvania General Assembly, which means anything can happen (it s just it usually doesn t). (Capitolwire) Committee Meetings October 6: House Education, 10:00 a.m., Room G-50, Irvis Office Building: Public hearing on financial literacy October 14: CANCELLED--House Education, 11:30 a.m., Room 140 Main Capitol: Oversight hearing on the Corbett administration s recent announcement regarding review of the Pennsylvania Academic Standards News and Updates Flexible Instructional Days (FID) Pilot Program Announced School districts may have more flexibility this year to make up lost instructional days thanks to a new pilot program and companion legislation designed to prevent academic calendars from stretching into late June. Announced by the Department of Education on Monday, the Flexible Instructional Days (FID) pilot program seeks to give school districts the option of creating online or at-home programs for students to complete on inclement weather days. Meanwhile, SB 1281, sponsored by Sen. Jake Corman, R-Chester, would allow districts to count instructional time by hours, not days, and hold class on one Saturday per month, in order to make-up missed time due to inclement weather. The House passed the bill on 9/22 by a vote of 196-2, but while in the chamber, several items other bills that have been approved by the House but are awaiting Senate committee consideration - were added to the measure: including PlanCon reform (HB 2124), the SchoolWATCH (HB1411) website and a school safety hotline. SB 1281 now awaits concurrence in the Senate. Philly Cigarette Tax Bill Signed by Gov. Corbett The state Senate, on a vote of 39-11, on 9/23 sent to the governor a bill allowing Philadelphia to increase the tax on a pack of cigarettes by $2 as a way to add more funding to the city's struggling schools. The vote ended the ping-ponging of the legislation between the House and Senate during the last few months, and the governor later on 9/23 said he would sign the bill at an 11:30 a.m. event in his state Capitol Reception Room on Wednesday.
DCIU Legislative Update -2- October 1, 2014 Senate Panel Advances SB 76 Property Tax Elimination Bill PA House has Said it Can t Consider The Senate Finance Committee on Tuesday 9/16 voted 6-5 to report out legislation aimed at eliminating school property taxes in Pennsylvania. A few of those on the Senate Finance Committee who voted in favor of the legislation offered only tepid support, indicating their affirmative vote was to simply allow for further discussion and review of the property tax elimination proposal. SB 76 would replace the school funding generated by those property taxes with a broadened and higher (from six percent to seven percent) state sales tax and an increased state personal income tax (from 3.07 percent to 4.34 percent). This is the same plan contained in HB 76, and it s the same proposal the House shot down (on a 59-138 vote) last year, in early October, in the form of an amendment to HB 1189. So while SB 76 could get a final vote from the full Senate during the coming days of the abbreviated fall session, House Republican leadership has already said (back in April) House rules bar defeated legislation from being called back up in the same session, and, at least for the House GOP leadership, the rule still applies to SB76 even though it was HB76 that was voted down as an amendment. Legislative Actions SB 898 Smith, Matt (D) This amends the Public School Code, in health services, to allow public and nonpublic schools to train an employee on how to use an emergency epinephrine pen. The legislation also allows the school entities to obtain and maintain such pens under requirements prescribed in the legislation. The bill also allows a physician to prescribe an epinephrine pen in the name of the school. The bill provides for exception from liability in certain instances for when an epinephrine pen is used. It was reported as amended from Senate Education on September 23, 2014. SB 1281 Corman (R) This amends the Public School Code, giving schools greater flexibility to make up time missed as a result of weather emergencies. The House amended school safety hotline language into SB 1281 on September 17. It unanimously approved adding another amendment to the bill that would establish a school safety hotline, making it the latest in a round of House-approved bills stalled in the Senate that lawmakers have tacked onto SB 1281 since Monday 9/15. The amendment based on Rep. Margo Davidson's HB 1078 that unanimously passed the House in June 2012 is designed to allow students, parents and others to safely and anonymously report school threats and potential violent situations involving schools to the appropriate authorities. It was passed by the House 196-2 on September 22, 2014. SB 1361 Ward, Kim (R) This would amend the Public School Code of 1949, establishing the Ready to Succeed Scholarship Program that was proposed in the Governor's budget address. This $25 million grant program will create a new student grant aid, giving students from a middle-class background who show academic merit help in paying their higher education tuition bills. The bill would direct PHEAA to develop a grant program in cooperation with the PA Department of Education that would allow students of families whose annual household income is $110,000 or under to be eligible to apply for a Ready to Succeed Scholarship grant. Students would be selected for the grant award based on their outstanding academic achievements obtained while in their first year at any PHEAAapproved higher education program. By administering the program this way, we give students an incentive to not only succeed in school, but stay in school, and finish their degree. It was rereferred to Senate Appropriations on September 24, 2014. HB 1013 Gillen (R) This would amend the Public School Code to make several changes regarding home education programs. The legislation would require a home school supervisor to submit certification to the superintendent of the school district of residence each year stating that education curriculum standards have been met. HB 1013 would provide for a process if the supervisor were to fail to send the certification, or if the superintendent has a reason to believe at any time that an appropriate education may not be occurring. The bill would also allow for the supervisor to issue a diploma that would hold all rights and privileges of a high school diploma awarded by the Commonwealth. Prior to final passage, the bill was amended on the floor on June 27 and later reported as committed by the House Appropriations Committee with a fiscal note on June 29. The floor amendment, sponsored by Rep. Will Tallman (R-193) and adopted by a vote of 195-7, provides for diplomas to also be
DCIU Legislative Update -3- October 1, 2014 awarded by approved diploma-granting organizations in addition to home school supervisors. The Department of Education shall establish the eligibility criteria and an application process for approving diploma-granting organizations, and maintain a list of the approved organizations on the Department's website. The bill was passed by the House (133-65) on June 29, 2014 and in the Senate, it was reported as amended from Senate Education on September 23, 2014. HB 1207 Christiana, Jim (R) This amends the Tax Reform Code increasing the amount of funding for the Educational Improvement Tax Credit Program from $100 million to $125 million and increasing the amounts that may be used under the credit. It was re-reported as committed from House Appropriations on September 23, 2014. HB 1722 Krieger, Tim (R) This amends the Public School Code, in professional employees, further providing for temporary professional employees, for contracts, execution and form, for causes for suspension and for persons to be suspended and to receive tenure, for collective bargaining agreements and for timing of appeal of suspension; and making editorial changes. A board of school directors may only enter into contracts, in writing, with each professional employee initially employed by a school district, on or after June 30, 2014, who has satisfactorily completed three years of service in any Pennsylvania school district and received overall performance ratings of distinguished or proficient on both of the professional employee s most recent performance evaluations at the school district of current employment. A board of school directors may suspend the necessary number of professional employees, for economic reasons that require a reduction in professional employees; a school district may not use costs as the sole factor in determining which professional employees to suspend, but shall use the procedures outlined to determine the order in which professional employees are suspended; and a collective bargaining agreement may not prohibit the suspension of professional employees for economic reasons other than as provided for in law. The bill provides for the order for the suspension of employees, based on performance ratings. Portions are effective immediately and the remainder is effective July 1, 2015. It was reported as committed from House Rules on September 10, 2014. HB 1801 Davidson (D) This would amend the Public School Code to require the Office for Safe Schools to develop telephone hotlines and internet notification systems ensuring anonymity to be used by students, parents, teachers, school employees and members of the community to report potential or actual violence or possessions of weapons on school property. The amendment sponsored by Rep. Paul Clymer (R-145) and unanimously adopted by the Committee provides that the requirement to develop the hotlines and systems is subject to funding appropriated by the General Assembly. The amendment also allows the Office of Safe Schools to contract with any state agency or intermediate unit to comply with the provisions. HB 1801 was passed by the House 197-0 on April 30, 2014. In the Senate, it was reported as committed from Senate Education on September 23, 2014 and re-referred to Appropriations on September 24, 2014. HB 2049 Simmons, J. (R) This amends the Public School Code extending the provisions of 42 Pa.C.S. 8332 (relating to emergency response provider and bystander good Samaritan civil immunity) and 8337.1 (relating to civil immunity of school officers or employees relating to emergency care, first aid and rescue) to school bus drivers regarding the administration of epinephrine auto-injectors. The bill requires drivers to complete training. It is effective in 60 days. The bill was passed by the full House 196-0 on June 2, 2014 and in the Senate, it was reported as committed from Senate Education on September 23, 2014. HB 2076 Roebuck, James (D) This amends the Public School Code, in transfers of credits between institutions of higher education, further providing for definitions, for duties of public institutions of higher education and for transfer and articulation oversight committee. Each public institution of higher education shall do all of the following: (1) adopt and make public uniform standards for determining academic credit for prior learning no later than July 1, 2015; (2) agree to award academic credit for prior learning, which is determined to meet the standards established and apply the credit toward graduation, unless prohibited by external accreditation or licensure; (3) submit to the department interim reports outlining the actions that a public institution of higher education has undertaken or intends to
DCIU Legislative Update -4- October 1, 2014 undertake to comply; (4) as a member of the Transfer and Articulation Oversight Committee consult with the department on a process and timeline to develop uniform standards for determining academic credit for prior learning, develop and implement uniform standards for determining academic credit for prior learning, and participate in submitting a status report to the department and House and Senate Education Committees; and (5) report to the department each year. The Transfer and Articulation Oversight Committee shall develop and implement uniform standards for awarding academic credit for prior learning, in consultation with faculty and personnel for public institutions of higher education and institutions that elect to participate. It was passed by the House 195-3 on September 22, 2014. HB 2124 Grove, Seth (R) This amends the Public School Code, in grounds and buildings, further providing for approval by Department of Education of plans, etc. of buildings and exceptions; providing for accountability and reducing costs in construction process; further providing for limitation on new applications for Department of Education approval of school building projects; in reimbursements by Commonwealth and between school districts, further providing for definitions, for approved reimbursable rental for leases hereafter approved and approved reimbursable sinking fund charges on indebtedness, for payments on account of leases hereafter approved and on account of sinking fund charges on indebtedness for school buildings hereafter constructed and for payments on account of building costs; providing for lump sum reimbursement for construction or reconstruction and for reimbursement for school districts not submitting required documentation; and imposing a duty on the State Public School Building Authority. It was discussed in House press conference on September 10, 2014. HB 2221 Baker, Matt (R) This amends the Public School Code, in school health services, defining diabetes medical management plan and service agreement ; and providing for education of school employees in diabetes care and management, for diabetes care in schools, for possession and use of diabetes medication and monitoring equipment and for liability. House press conference call was held on September 4, 2014. New Legislation SB 1469 Greenleaf (R) This bill amends the Public School Code of 1949 to incorporate into the law several of the advisory committee s recommendations to improve school safety. The bill requires schools to undergo annual safety assessment audits for purposes of the school s safety plan. The safety plan must address violence prevention, crisis intervention, emergency response and management, including communications within the school district and with law enforcement and emergency responders. Each school must have a threat assessment and crisis response team in place. As stated in the report, students, teachers and administrators must participate in safety drills that address various risks, including active threats, terrorism, explosives and other scenarios. According to the report, the Department of Education s Office of Safe Schools makes targeted grants to school entities to fund programs that address school violence. Sixty percent of the money allocated to the Department of Education for targeted grants is to be used to pay the costs associated with the training and compensation of school resource officers and school police officers. Currently, the law gives priority in grant funding to schools designated as persistently dangerous and with the greatest need to establish safety and order. The report noted that there are school buildings located 30-40 minutes away from the nearest law enforcement entity and where the response time is so long, having a school police resource officer on site becomes very important. Therefore, the bill also gives a priority for grant funding to schools located more than 15 minutes from the nearest law enforcement agency to make it more likely that these schools will be able to hire school police resource officers. It was introduced and referred to Senate Education on September 11, 2014. HB 2439 Denlinger (R) This would require the State Board of Education to promulgate new regulations to replace the PA Core/Common Core Standards in Pennsylvania. This legislation would: Create a 21 member commission comprised of the following: 5 appointments by the Governor, to include: 2 public school educators, 1 parent of a public school student, and 2 business people; 5 appointments by the President Pro Tempore in consultation with the majority and minority leaders, to include: 2 public school educators, 1 parent of a public school student, and 2 business people; 5 appointments by the
DCIU Legislative Update -5- October 1, 2014 Speaker of the House in consultation with the majority and minority leaders, to include: 2 public school educators, 1 parent of a public school student, and 2 business people; the majority and minority chairmen of the Senate and House Education Committees or their designees; the Secretary of Education or the Secretary s designee; the Chair of the State Board of Education or the Chair s designee. Provide for the powers and duties for the commission and the Department of Education. Require the commission to submit recommendations for replacing the PA Core Standards to the State Board of Education within 6 months. Require the State Board of Education to promulgate final omitted regulations based on the commission s recommendations no later than 1 year from receipt of the recommendations. The regulations may not deviate from the recommendations of the commission. It was introduced and referred to House Education on August 13, 2014. HB 2490 Everett, Garth (R) This amends the Public School Code adding a new subsection providing school or system leaders shall be granted credit under section 1205.2 relating to continuing education for school or system leaders. Requires the Department of Education to determine the credit or hour value of each required training. It was introduced and referred to House Education on September 17, 2014. HB 2498 Mahoney, Tim (D) The Vocational-Technical School Drug and Alcohol Counseling Pilot Program establishes a pilot program in the Department of Education that provides grants to vocational-technical schools and career and technical institutes for instruction in drug and alcohol counseling relating primarily to the prevention of heroin use, addiction and related deaths. The bill provides for duties of the department, for duties of school districts, and for evaluation of the program. $500,000 is appropriated to the department for grants to vocational-technical schools and career and technical institutes participating in the program. It was introduced and referred to House Education on September 22, 2014. HB 2509 Davidson (D) This amends the Public School Code regarding school board elections. This change will end the practice of someone running for election to school board as a proxy, only to resign shortly after the election and have someone other than the candidates in the last election appointed. Currently, with the exception of Philadelphia, when there is a vacancy in the board of school directors (due to death, resignation, removal, etc.), the remaining members of the board of school directors must fill the vacancy by majority vote within thirty days. This legislation will amend this provision so that, if a vacancy occurs by resignation, the candidate from the most recent election of school directors with the second highest number of votes would fill the vacancy. In the event that person declines, the candidate with the third highest number of votes would fill the vacancy. In the event that person also declines, or there exists no second or third candidates, the school board would either select another candidate from the most recent election or hold a special election among the qualified electors of the district. It was introduced and referred to House Education on September 22, 2014. HB 2522 Thomas, Curtis (D) This amends the Public School Code adding language requiring as a condition of any disposition of public school property, that the school board first obtain an independent appraisal of fair market value and that figure be used in any type of disposition proceedings to determine the successful purchaser. It also requires PDE to provide a page on its website on which school entities are required to post notice for each public school building or part of a public school building that is available for purchase or lease. It requires a school entity to submit a notice to the department on a form developed by the department. It was introduced and referred to House Education on September 24, 2014. Submitted by Adriene Irving, Director, Legislative and Community Services (Sources: PLS, PA General Assembly, Capitolwire, PSBA, EPLC)