DELAWARE COUNTY INTERMEDIATE UNIT LEGISLATIVE UPDATE - Delaware County Intermediate ...
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Office of the Executive Director
Legislative and Community Services
DELAWARE COUNTY INTERMEDIATE UNIT
LEGISLATIVE UPDATE
June 2, 2021
Session Information
At 5:43 p.m. on Wednesday, May 26, 2021 the House stands adjourned until Monday, June 7, 2021 at 12:00 p.m.,
unless sooner recalled by the Speaker.
At 12:42 p.m. on Wednesday, May 26, 2021 the Senate stands in recess until Monday, June 7, 2021 at 1:00 p.m.
unless sooner recalled by the President Pro Tempore
Upcoming Session Days
House
June 7-9, 14-16, 21-25, 28-30, Sept. 13-15, 27-29, Oct. 4-6, 25-27, Nov. 8-10, 15-17, Dec. 13-15
Senate
June 7-9, 14-16, 21-23, 28-30
News and Updates
Rep. Rosemary Brown to introduce Special Education/Cyber legislation. Rep. Brown issued a co-sponsorship
memo on May 20, 2021 announcing her intent to introduce legislation which would implement the bipartisan 2013
“Special Education Funding Commission’s recommendation for applying the same special education funding
principles used to distribute state special education funding to school districts, in the calculation used to determine a
school district’s tuition payment for a special education student enrolled in a charter school. The flaws in the
current system result in school districts sending an inflated one-size fits-all tuition payment to charter schools
which is in excess of what charter schools spend to educate individual special education students. Implementing the
Commission’s recommendations will not only improve the accuracy and fairness of funding distribution for charter
schools and cyber charter schools, but also conserve precious special education resources.”
The nationwide fight over the teaching of ‘critical race theory,’ has landed in the Pennsylvania House of
Representatives, throwing another log on a culture war fire that’s already seen the Republican-controlled
chamber advance bills limiting abortion rights and expanding gun rights, even as some lawmakers seek to
ban transgender youth athletes from participating in sports that correspond with their gender. Reps. Russ
Diamond, R-Lebanon, and Barbara Gleim, R-Cumberland (the prime sponsor of that transgender athlete bill),
began seeking co-sponsors for their proposal to “[curtail] the divisive nature of concepts more commonly known as
‘critical race theory,'” on May 21, arguing that “teaching our children that they are inferior or inherently bad based
on immutable characteristics such as race and sex can be extremely damaging to their emotional and mental well-
being.” Only a niche term a year ago, the fight over critical race theory, which scholars view as an overdue attempt
to educate public school students on how racial disparities are embedded in U.S history and society, has become the
latest bete noire of the right, with conservatives arguing that teachers are trying to inject race into what should be a
colorblind system, the Washington Post reported on May 3. Read here for the full article. Pennsylvania Capital-
Star, May 27, 2021.
Legislative Actions
SB 73 Langerholc, W. (R)
School Mandate Waiver Program. Amends the Public School Code, in preliminary provisions, providing for a
mandate waiver program. Establishes a mandate waiver program to allow a governing body to adopt a resolution to
apply to the department for a waiver of one or more provisions, regulations of the state board, standards of the
secretary, policies or guidance of the department or any other provisions of law permitted to be waived to enable
the school entity to improve 17 instructional programs or operate in a more effective, efficient or economicalDCIU Legislative Update -2- June 2, 2021 manner. Effective in 60 days. Reported as committed from Senate Education May 10, 2021. Re-referred to Appropriations May 24, 2021. SB 224 Bartolotta, C. (R) Non-Resident Teacher Certification Reciprocity. Amends the Public School Code, in certification of teachers, repealing certificates issued by other states and providing for out of state applicants for certifications. Provides that candidates from other states seeking Pennsylvania certification must hold a valid and current instructional certification issued by another state or hold a valid certificate issued by the National Board for Professional Teaching Standards. Effective in 60 days. Re-referred to Senate Appropriations May 10, 2021. SB 237 Bartolotta, C. (R) Dual Enrollment for Charter Schools. The bill would allow charter schools, regional charter schools, and cyber charter schools to offer dual enrollment programs to their students. Reported as committed from Senate Education, May 10, 2021. Re-referred to Appropriations, May 25, 2021. SB 351 Langerholc, W.(R) Community Engaged Schools for Success Pilot Program. Amends the Public School Code, providing for community-engaged schools. The goal of the program is to better support the needs of students by engaging community-based services into schools. Reported as committed from Senate Education, May 10, 2021. Re- referred to Appropriations, May 24, 2021. SB 521 Mensch, B. (R) Specifically Criminalizing the act of "Upskirting." Amends Title 18 (Crimes and Offenses) relating to the section providing for the offense of invasion of privacy. Amends the section adding language providing if the offender is a teacher and the victim is a student or the offender is a teacher and the victim is a student or the offender is an adult and the victim is a minor a violation is a felony of the third degree for a first violation and a felony of the second degree for second or subsequent violation. Effective in 60 days. Third consideration and final passage in the Senate (46-1), May 24, 2021. SB 664 Corman, J. (R) Optional Year of Education Due to COVID-19. This would allow parents the option to have their child repeat a grade level during the 2021-2022 school year due to COVID-19. Specifically, this would help address any lost educational opportunities during the 2019-2020 and 2020-2021 school years, regardless of whether a child has met the requirements to be promoted to the next grade level. This would also allow parents the option to extend special education enrollment due to COVID-19; specifically allowing these students, who may have reached 21 years of age on or after the issuance of the proclamation of disaster emergency, to continue to be enrolled in school for remainder of 2021-2022 school year. Amended in House Education Committee on May 26 to require a school entity to take all necessary steps to comply with federal and state special education law and regulation. In addition, provides a parent or guardian of a special education student with a July 15, 2021 deadline and clarifies a term not used in the school code. Third consideration and final passage in the Senate (48-0), May 12, 2021. Reported as amended from House Education, May 26, 2021. HB 272 Ciresi, J. (D) Charter School Reform Act. Amends the Public School Code, in charter schools, for powers, for requirements, for the board of trustees, for contents of the application, for State Charter School Appeal Board, for funding, for annual reports and assessments, for grants, and buildings. Effective immediately. Press conference held May 19, 2021. HB 358 Marshall, J. (R) Dual Enrollment for Charter Schools. The bill allows charter schools, regional charter schools, cyber charter schools and career/technical schools to offer dual enrollment programs for their students as do school districts under current law. Third consideration and final passage (182-19), May 24, 2021. In the Senate it was referred to Senate Education. Submitted by Adriene Irving, Director, Legislative and Communications Services (Sources: PLS, PA General Assembly, Capitolwire, PASA, PSBA)
DCIU Legislative Update -3- June 2, 2021 HB 365 Harkins, P. (D) Removing derogatory terms from Pennsylvania school code. Amends the Public School Code making editorial changes removing certain terms such as "crippled", "defective", "disturbed", "handicapped" and "retarded" from the code. Also removes changes to homebound instruction and updates terminology related to intellectual disability and removes reference to "at the detention home" and the reference to "other" related to inappropriate conduct. Effective in 60 days. The bill was unanimously reported as committed from Senate Education May 10, 2021. Re-referred to Senate Appropriations May 11, 2021. HB 404 Galloway, J. (D) Children’s Mental Health Ombudsman. Establishes a statewide children’s mental health ombudsman. This ombudsman will have the authority to: advocate on behalf of children with mental health disorders; identify barriers to effective mental health treatment; monitor compliance with laws pertaining to children’s behavioral health services; and receive, investigate and attempt to resolve complaints regarding violations by regulated entities and government agencies that may have an adverse effect upon the health, safety, welfare or rights of children. The ombudsman would receive complaints and annually provide to the governor and legislature an analysis of patterns in the complaints and make recommendations for legislation, policy or programmatic changes related to the protection of the rights of children with mental health disorders. Reported as committed from House Human Services May 25, 2021. HB 409 Galloway, J. (D) Mental Health Clearinghouse. Establishes a mental health care services clearinghouse to serve as a publicly accessible registry of mental health care resources available across the Commonwealth and to assist school personnel in connecting families to community mental health resources. It also would allow school personnel to learn about and take advantage of existing programs and resources for their schools. Reported as committed from House Human Services May 25, 2021. HB 412 Gleim, B. (R) Day-to-day Substitute Certification. The bill amends the School Code to provide school entities with day-to-day substitute teacher by providing that an individual holding a day-today substitute permit issued by the Department of Education or by a chief school administrator may serve as a day-to-day substitute in any certificate area for a period not exceeding 20 days of substituting for a professional employee and require a long-term substitute permit issued by the PDE or chief school administrator. The bill also allows an individual holding a day-to-day substitute permit to serve as a day-to-day substitute for more than one professional employee within a school year, even if the individual serves as a substitute for more than 20 cumulative days and eliminates the sunset date for prospective teachers to substitute teach. As amended in committee, the bill extends the inactive certification to be valid for 180 days. Reported as committed from Senate Education, May 10, 2021. Re-referred to Appropriations May 11, 2021. HB 416 Quinn, C. (R) DOMinate Epilepsy - Seizure Recognition Legislation (Former HB1820). Amends the Public School Code, in school health services, providing that beginning with the 2021-22 school year and each year thereafter a school nurse may complete a Department of Health approved online course of instruction or in-person training for school nurses regarding management of a student with seizures that includes information about seizure recognition, a seizure action plan and related first aid. Further provides for training for school staff regarding seizure recognition and related first aid training. Provides that the department shall provide nonpublic schools with access to the approved online course or in-person training at no cost. Effective immediately. Unanimously reported as amended from Senate Education May 10, 2021. Set on the Senate calendar May 24, 2021. HB 723 Mizgorski, L. (R) Modernization of the Workforce Development Act. Amends the Workforce Development Act, in local workforce investment areas and boards, further providing for establishment, for membership, for conflicts of interest, for plan, functions and responsibilities. It would bring our state law in compliance with the federal requirements of the Workforce Innovation and Opportunity Act, commonly referred to as “WIOA”. WIOA seeks to improve the workforce development system through innovation and alignment of employment, training, and education throughout the country. Third consideration and final passage (201-0), May 5, 2021. Submitted by Adriene Irving, Director, Legislative and Communications Services (Sources: PLS, PA General Assembly, Capitolwire, PASA, PSBA)
DCIU Legislative Update -4- June 2, 2021 HB 993 Roae, B. (R) Providing a Waiver of Department of Labor & Industry Fees for School Districts. Amends the Administrative Code adding a new subsection requiring the Department of Labor and Industry to waive certain fees for an applicant that is a school district. Also requires the department to provide a refund to an applicant that paid a fee after June 30, 2020. The waiver applies to fees for elevator inspection fees, boiler inspection fees and fees for Uniform Commercial Code activities performed by the department. The department shall submit an annual report to the chairs and minority chairs of the House and Senate Appropriations Committees and the Labor and Industry Committees on the number of applicants that received a waiver of the fees during the fiscal year which ended before June 30 and the total amount of fees waived by the department during the fiscal year which ended before June 30. Effective immediately. Unanimously reported as amended from House Labor and Industry May 26, 2011. HB 1013 Gleim, B. (R) CTE Certifications on High School Student Transcript (Former HB1315). Amends the Public School Code, in preliminary provisions, further providing for Keystone Exams and graduation requirements. It requires the inclusion of Career Technical Education (CTE) certifications on a student’s High School transcript, if that student took a National Occupational Competency Testing Institute (“NOCTI”) or Association for Career and Technical Education (ACTE) test and obtained a certification through a state qualified Vocational Technical School. All across the state, high schools acknowledge whether a student took an honors or AP class on a student’s transcript, while CTE students spend three or four years studying to earn a certification, with no acknowledgement of that success. Third consideration and final passage (201-0), May 24, 2021. In the Senate it was referred to Education, May 25, 2021 New Legislation SB 693 Stefano, P. (R) Returning "Ghost Teachers" to the Classroom (prior SB 702). Amends the Public School Code, in collective bargaining, prohibiting full-time union leave, also known as “ghost teachers.” Effective immediately. Introduced and referred to Senate Education May 19, 2021. HB 1343 Zimmerman, D. (R) Eye Health (prior HB 2118 in 2019-20). Amends the Public School Code, in health services, requiring a vision screening by school health personnel or a scanner or an eye examination by an ophthalmologist or optometrist for each child of school age. Provides for eye examinations for children upon admission to school, in the fourth and eighth grades, as well as in other certain incidences. Effective in 60 days. Introduced and referred to House Education May 14, 2021. HB 1364 Otten, D. (D) Pipeline Early Detection and Warning Systems (Former HB 1735). The Pipeline Early Detection and Warning System Act establishes the Pipeline Early Detection and Warning Board in the Department of Community and Economic Development and establishes the Pipeline Early Detection and Warning System Fund, to be funded by a fee imposed on pipeline operators within the commonwealth. The fee would be calculated according to a formula developed by the board. Provides for reporting, grants, risk assessments and other provisions. Effective in 60 days. Introduced and referred to House Consumer Affairs May 17, 2021. HB 1401 Quinn, C. (R) Pipeline Safety Package. Amends Title 66 (Public Utilities), in service and facilities, adding a chapter providing for information regarding transmission of hazardous liquids near school buildings. Within six months of the completion of construction of facilities and no later than January 15 of every odd-numbered year thereafter, an operator shall file with the commission the following information: (1) the 16 name of each school located within 1,000 feet of the facilities, (2) the street address of each school building located within 1,000 feet of the facilities, and (3) the identification (system name) of the facilities. The bill also provides for provision of an emergency response plan by an operator and for recordkeeping. Effective in 60 days. Introduced and referred to House Consumer Affairs May 17, 2021. Submitted by Adriene Irving, Director, Legislative and Communications Services (Sources: PLS, PA General Assembly, Capitolwire, PASA, PSBA)
DCIU Legislative Update -5- June 2, 2021 HB 1412 Rozzi, M. (D) COVID-19 School Employee Bonus. Amends the Public School Code, providing for COVID-19 school employee bonus. This bill will provide bonus payments to qualifying teachers and staff, grades pre-K through 12, who worked during the COVID-19 pandemic. $150 million from the American Rescue Plan fund would be allocated to the Pennsylvania Department of Education (PDE) for the purpose of distributing a one-time payment to teachers, paraprofessionals, school counselors, school psychologists, school nurses, custodians, bus drivers, school nutrition staff, media specialists, clerical staff, instructional coaches, and therapists who worked full-time or part-time at or for a Pennsylvania public school. Based on the number of full- and part-time applicants, PDE would calculate a grant amount for full-time school employees and a smaller grant amount for part-time employees. Introduced and referred to Labor and Industry, May 14, 2021. HB 1415 Sims, B. (D) Teaching LGBTQ+ History. Amends the Public School Code adding a new section requiring each school entity, beginning with the 2022-23 school year, to offer instruction on LGBTQ+ history and the social, political, and economic contributions of members of the LGBTQ+ community. Provides this instruction shall be integrated within the social studies and language arts course of studies required in accordance with State Board of Education regulations. Allows school entities to utilize appropriate public or private resources to develop and implement the program of instruction. Directs the Department of Education to distribute information about appropriate curriculum material to each school entity and to work in consultation with organizations and individuals that advocate for the equality and rights of LGBTQ+ people to develop curriculum guidelines. Effective immediately. Introduced and referred to House Education May 14, 2021. HB 1426 Wheatley, J. (D) Teacher Tax Credit. Amends the Tax Reform Code adding an article providing for a teacher tax credit and that 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 $8,000,000 in any fiscal year nor may the credit exceed $250 per applicant per tax year. The act shall apply to taxable years beginning December 31, 2018. Effective immediately. Introduced and referred to House Finance May 14, 2021. HB 1446 Sonney, C. (R) Additional Year of School for Students who are Aging out of Special Education. Amends the Public School Code, in pupils and attendance, providing for extended special education enrollment due to COVID-19. Introduced and referred to House Education May 20, 2021. HB 1460 Davis, T. (D) Internet Safety Education Curriculum. Amends the Public School Code, in terms and courses of study, providing for Internet safety education curriculum. It would provide age-appropriate education for students from kindergarten through twelfth grade on keeping safe from online predators. This bill would also require the State Board of Education to make available on its website resource materials for educating children regarding child online safety. Introduced and referred to House Education May 20, 2021. HB 1463 Longietti, M. (D) Minimum Salary for Education Professionals- 45k. Amends the Public School Code, in professional employees, increasing the minimum salary for educators from $18,500 to $45,000. Introduced and referred to Labor and Industry, May 21, 2021. HB 1473 Staats, C. (R) School Mandate Waiver Program. Amends the Public School Code, in preliminary provisions, providing for mandate waiver program. It will provide public schools flexibility and relief from costly and unnecessary mandates by permanently reinstituting a mandate waiver program similar to the highly successful program which operated in this state from 2000 to 2010. Introduced and referred to House Education May 21, 2021. Submitted by Adriene Irving, Director, Legislative and Communications Services (Sources: PLS, PA General Assembly, Capitolwire, PASA, PSBA)
DCIU Legislative Update -6- June 2, 2021
HB 1496 Mullins, K. (D)
Severe Bullying: New Crime, New Penalties (Former HB2053). Amends Title 18 (Crimes and Offenses), in
assault, establishing the offense of bullying and provides for its grading. It will define and penalize the offense of
“bullying” in Pennsylvania. Establishes a person who knowingly gives false information to a law enforcement
officer with the intent to implicate a person under this section commits an offense relating to false reports to law
enforcement authorities. Further provides for the venue of the offense. Effective in 60 days. Introduced and
referred to House Judiciary May 26, 2021.
Federal News
President's FY 2022 Budget Request for the U.S. Department of Education.
May 28, 2021 - Today, the Administration released the fiscal year 2022 budget request for the U.S. Department of
Education. “This proposal reflects the Biden-Harris Administration’s commitment to ensuring that student success
remains at the heart of the Department of Education’s work. It calls on Congress to prioritize the physical and
mental health of students and close education equity gaps, especially in underserved communities. We need to focus
on not only recovering from the pandemic but also look towards our students’ education after the pandemic to
ensure there are improved resources to build our education system back better than before. This budget ensures all
students have access to high-quality, affordable postsecondary education, while also improving career pathways
for students of all ages and levels,” said Secretary of Education Miguel Cardona.
The following materials show what this budget provides for the programs and activities of the Department of
Education:
• Press Release
• The FY 2022 Education Budget Summary and Background Information [PDF, 447K] provides
program information and detailed budget tables.
• The FY 2022 Education Budget Key Highlights [PDF, 184K]
• FY 2022 Justifications of Appropriations Estimates to the Congress
FY 2022 Budget for the entire U.S. Government
• The President's FY 2022 Budget for the entire United States Government
Statement by Secretary of Education Miguel Cardona on the President's Fiscal Year 2022 Budget.
May 28, 2021 - The Biden-Harris Administration today submitted to Congress the President's budget for fiscal year
2022. As the Administration continues to make progress defeating the pandemic and getting our economy back on
track, the budget makes historic investments that will help the country build back better and lay the foundation for
shared growth and prosperity for decades to come. https://www.ed.gov/news/press-releases/statement-secretary-
education-miguel-cardona-presidents-fiscal-year-2022-
budget?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
Submitted by Adriene Irving, Director, Legislative and Communications Services (Sources: PLS, PA General Assembly,
Capitolwire, PASA, PSBA)You can also read
