Pennsylvania Act 2023-35 — PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS

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PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS
Act of Dec. 13, 2023, P.L. 311, No. 35Cl. 24

Session of 2023

No. 2023-35

SB 843

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 Education Funding Commission, for Basic Education Funding Commission and for Commission on Education and Economic Competitiveness and providing for public job posting database, for instructional vacancy data and for data transparency; providing for Interstate Teacher Mobility Compact; in drug and alcohol recovery high school program, further providing for scope of program and selection of students, providing for enrollment of students and further providing for academic programs; in terms and courses of study, further providing for Economic Education and Personal Financial Literacy Programs; in early learning programs, providing for quarterly reporting; in high schools, further providing for attendance in other districts; in educational tax credits, further providing for definitions; in credit card marketing, further providing for regulation of on-campus credit card marketing; in reimbursements by Commonwealth and between school districts, further providing for assistance to school districts declared to be in financial recovery status or identified for financial watch status; and abrogating regulations.

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

Section 1. Section 122(k)(3) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, added July 8, 2022 (P.L.620, No.55), is amended to read:

Section 122. Special Education Funding Commission.--* * *

(k) * * *

(3) The commission shall be reconstituted January 15, [2024] 2026 , in accordance with subsection (c) and shall meet and hold public hearings to review the operation of the special education funding provisions of this section, and shall make a further report and shall issue the report to the recipients listed in subsection (i)(5) no later than November 30, [2024] 2026 . When in receipt of the report recommending changes to the special education funding formula, the General Assembly shall consider and take action to enact the formula into law in accordance with subsection (j).

Section 2. Section 123(k)(2) of the act is amended to read:

Section 123. Basic Education Funding Commission.--* * *

(k) * * *

(2) Notwithstanding paragraph (1), the commission shall be reconstituted July 1, 2022, and shall issue the report to the recipients listed in subsection (i)(12) not later than [November 30, 2023] January 11, 2024 .

Section 3. Section 123.1(j)(5) of the act, added July 8, 2022 (P.L.620, No.55), is amended to read:

Section 123.1. Commission on Education and Economic Competitiveness.--* * *

(j) The following shall apply to duties:

(5) Upon receipt of the report from the subcommittee, the commission shall seek public comment on the proposed long-term vision for a period that is no less than three (3) months and issue a final report with legislative recommendations to the General Assembly [within eighteen (18) months of the commission's creation] by November 1, 2025 .

Section 4. The act is amended by adding sections to read:

Section 130. Public Job Posting Database.--(a) The department shall establish and maintain a public database for school entities or nonpublic schools to voluntarily advertise employe vacancies on the department's publicly accessible Internet website. The database shall, at a minimum:

(1) Allow a school entity or nonpublic school to post in real time an employe vacancy. The department shall determine information to be required as part of a posting.

(2) Provide for a time-limited expiration of a posting made by a school entity or nonpublic school.

(3) Be searchable by, at a minimum, county, intermediate unit, school entity, grade level, employe type and academic content area.

(4) Be made available at no cost to a school entity, nonpublic school or prospective employe.

(b) A school entity or nonpublic school may submit a posting to the database established under subsection (a) for an open position or an anticipated open position.

(c) The department may contract with a third party to operate the database established under subsection (a).

(d) 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:

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

"Employe." The following:

(1) A "professional employe" as defined in section 1101(1).

(2) A paraprofessional or educational interpreter as described under 22 Pa. Code § 14.105 (relating to personnel).

(3) Any other employe in a school entity or nonpublic school as determined by the department.

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

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

Section 131. Instructional Vacancy Data.--(a) The department shall require a school entity to submit certain information relating to instructional vacancies, including, at a minimum, the number of instructional vacancies, the number of emergency permits utilized by a school entity and the number of positions occupied by long-term substitutes. The department shall determine the form and manner in which the information is to be submitted by a school entity. To the best extent possible, the department shall utilize existing reporting methods to collect this data. By August 31, 2024, and each August 31 thereafter, each school entity shall report the following to the department:

(1) The total budgeted complement of instructional employes for that fiscal year and vacancies included in the final adopted budget of a board of school directors.

(2) The quarterly average number of instructional employe vacancies the school entity had during the school year.

(b) The department shall maintain the information collected under subsection (a) on its publicly accessible Internet website.

(c) 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:

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

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

Section 132. Data Transparency.--(a) To the extent that funding is made available, no later than December 31 of each year, the department shall post on its publicly accessible Internet website data related to the educator workforce in this Commonwealth that allows members of the public to view, disaggregate and manipulate the following data if collected by the department:

(1) Educator supply data, including educator preparation provider enrollment and completion data and education professional certificates issued by the department, disaggregated by categories, including program, certification area and demographic information.

(2) Educator demand data, including current educator workforce numbers, unfilled positions and rates, new hires and emergency permits or out-of-field educators, disaggregated by categories, including school entity, school, specific assignment, certification area, type of emergency permit and demographic information.

(3) Educator preparation program outcomes data, including data on percentage of program enrollees who:

(i) Complete the program.

(ii) Pass the certification test on the first time and overall.

(iii) Receive certification.

(iv) Are employed by a school entity in years one through five.

(v) Are retained by a school entity in years one through five.

(4) Educator retention at one-year, three-year and five-year rates, disaggregated by categories, including school entity, school, specific assignment, certification area, type of emergency permit and demographic information.

(b) The department may contract with an outside organization to meet the requirements of this section.

(c) No later than December 15, 2023, and each December 15 thereafter, the department, in consultation with the Department of Labor and Industry, shall issue a report to the Governor and General Assembly on the educator workforce in this Commonwealth. The report shall be posted on the department's publicly accessible Internet website. The report shall include information on:

(1) Trends in educator supply and educator preparation provider effectiveness, including recommendations for attracting more high-quality and diverse teacher candidates and improving the quality of educator preparation in this Commonwealth.

(2) The educator positions, by certification area, in high demand in this Commonwealth and the location of existing vacancies by school entity.

(3) Projections of shortage areas and subjects in the upcoming three to five years and recommendations for addressing these shortages.

(4) Overall and disaggregated trends in educator retention, including recommendations for improving retention.

(d) 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:

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

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

Section 5. The act is amended by adding an article to read:

ARTICLE XII-C

INTERSTATE TEACHER MOBILITY COMPACT

Section 1201-C. Scope of article.

This article relates to the Interstate Teacher Mobility Compact.

Section 1202-C. Authority to execute compact.

The Governor of Pennsylvania, on behalf of this State, is authorized to execute a compact in substantially the following form with any one or more of the states of the United States and the General Assembly hereby signifies in advance its approval and ratification of the compact:

INTERSTATE TEACHER MOBILITY COMPACT

ARTICLE I- PURPOSE

The purpose of this Compact is to facilitate the mobility of Teachers across the Member States, with the goal of supporting Teachers through a new pathway to licensure. Through this Compact, the Member States seek to establish a collective regulatory framework that expedites and enhances the ability of Teachers to move across State lines.

This Compact is intended to achieve the following objectives and should be interpreted accordingly. The Member States hereby ratify the same intentions by subscribing hereto.

A. Create a streamlined pathway to licensure mobility for Teachers;

B. Support the relocation of Eligible Military Spouses;

C. Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the Member States;

D. Enhance the power of State and district level education officials to hire qualified, competent Teachers by removing barriers to the employment of out-of-state Teachers;

E. Support the retention of Teachers in the profession by removing barriers to relicensure in a new State; and

F. Maintain State sovereignty in the regulation of the teaching profession.

ARTICLE II- DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein:

A. "Active Military Member" - means any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve.

B. "Adverse Action" - means any limitation or restriction imposed by a Member State's Licensing Authority, such as revocation, suspension, reprimand, probation, or limitation on the licensee's ability to work as a Teacher.

C. "Bylaws" - means those bylaws established by the Commission.

D. "Career and Technical Education License" - means a current, valid authorization issued by a Member State's Licensing Authority allowing an individual to serve as a Teacher in P-12 public educational settings in a specific career and technical education area.

E. "Charter Member States" - means a Member State that has enacted legislation to adopt this Compact where such legislation predates the initial meeting of the Commission after the effective date of the Compact.

F. "Commission" - means the interstate administrative body which membership consists of delegates of all States that have enacted this Compact, and which is known as the Interstate Teacher Mobility Compact Commission.

G. "Commissioner" - means the delegate of a Member State.

H. "Eligible License" - means a license to engage in the teaching profession which requires at least a bachelor's degree and the completion of a state approved program for Teacher licensure.

I. "Eligible Military Spouse" - means the spouse of any individual in full-time duty status in the active armed forces of the United States including members of the National Guard and Reserve moving as a result of a military mission or military career progression requirements or are on their terminal move as a result of separation or retirement (to include surviving spouses of deceased military members).

J. "Executive Committee" - means a group of Commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the Commission as provided for herein.

K. "Licensing Authority" - means an official, agency, board, or other entity of a State that is responsible for the licensing and regulation of Teachers authorized to teach in P-12 public educational settings.

L. "Member State" - means any State that has adopted this Compact, including all agencies and officials of such a State.

M. "Receiving State" - means any State where a Teacher has applied for licensure under this Compact.

N. "Rule" - means any regulation promulgated by the Commission under this Compact, which shall have the force of law in each Member State.

O. "State" - means a state, territory, or possession of the United States, and the District of Columbia.

P. "State Practice Laws" - means a Member State's laws, Rules, and regulations that govern the teaching profession, define the scope of such profession, and create the methods and grounds for imposing discipline.

Q. "State Specific Requirements" - means a requirement for licensure covered in coursework or examination that includes content of unique interest to the State.

R. "Teacher" - means an individual who currently holds an authorization from a Member State that forms the basis for employment in the P-12 public schools of the State to provide instruction in a specific subject area, grade level, or student population.

S. "Unencumbered License" - means a current, valid authorization issued by a Member State's Licensing Authority allowing an individual to serve as a Teacher in P-12 public educational settings. A Unencumbered License is not a restricted, probationary, provisional, substitute or temporary credential.

ARTICLE III- LICENSURE UNDER THE COMPACT

A. Licensure under this Compact pertains only to the initial grant of a license by the Receiving State. Nothing herein applies to any subsequent or ongoing compliance requirements that a Receiving State might require for Teachers.

B. Each Member State shall, in accordance with the Rules of the Commission, define, compile, and update as necessary, a list of Eligible Licenses and Career and Technical Education Licenses that the Member State is willing to consider for equivalency under this Compact and provide the list to the Commission. The list shall include those licenses that a Receiving State is willing to grant to Teachers from other Member States, pending a determination of equivalency by the Receiving State's Licensing Authority.

C. Upon the receipt of an application for licensure by a Teacher holding an Unencumbered Eligible License, the Receiving State shall determine which of the Receiving State's Eligible Licenses the Teacher is qualified to hold and shall grant such a license or licenses to the applicant. Such a determination shall be made in the sole discretion of the Receiving State's Licensing Authority and may include a determination that the applicant is not eligible for any of the Receiving State's Eligible Licenses. For all Teachers who hold an Unencumbered License, the Receiving State shall grant one or more Unencumbered License(s) that, in the Receiving State's sole discretion, are equivalent to the license(s) held by the Teacher in any other Member State.

D. For Active Military Members and Eligible Military Spouses who hold a license that is not Unencumbered, the Receiving State shall grant an equivalent license or licenses that, in the Receiving State's sole discretion, is equivalent to the license or licenses held by the Teacher in any other Member State, except where the Receiving State does not have an equivalent license.

E. For a Teacher holding an Unencumbered Career and Technical Education License, the Receiving State shall grant an Unencumbered License equivalent to the Career and Technical Education License held by the applying Teacher and issued by another Member State, as determined by the Receiving State in its sole discretion, except where a Career and Technical Education Teacher does not hold a bachelor's degree and the Receiving State requires a bachelor's degree for licenses to teach Career and Technical Education. A Receiving State may require Career and Technical Education Teachers to meet State industry recognized requirements, if required by law in the Receiving State.

ARTICLE IV- LICENSURE NOT UNDER THE COMPACT

A. Except as provided in Article III above, nothing in this Compact shall be construed to limit or inhibit the power of a Member State to regulate licensure or endorsements overseen by the Member State's Licensing Authority.

B. When a Teacher is required to renew a license received pursuant to this Compact, the State granting such a license may require the Teacher to complete State Specific Requirements as a condition of licensure renewal or advancement in that State.

C. For the purposes of determining compensation, a Receiving State may require additional information from Teachers receiving a license under the provisions of this Compact.

D. Nothing in this Compact shall be construed to limit the power of a Member State to control and maintain ownership of its information pertaining to Teachers, or limit the application of a Member State's laws or regulations governing the ownership, use, or dissemination of information pertaining to Teachers.

E. Nothing in this Compact shall be construed to invalidate or alter any existing agreement or other cooperative arrangement which a Member State may already be a party to, or limit the ability of a Member State to participate in any future agreement or other cooperative arrangement to:

1. Award teaching licenses or other benefits based on additional professional credentials, including, but not limited to National Board Certification;

2. Participate in the exchange of names of Teachers whose license has been subject to an Adverse Action by a Member State; or

3. Participate in any agreement or cooperative arrangement with a non-Member State.

ARTICLE V- TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE

UNDER THE COMPACT

A. Except as provided for Active Military Members or Eligible Military Spouses in Article III.D above, a Teacher may only be eligible to receive a license under this Compact where that Teacher holds an Unencumbered License in a Member State.

B. A Teacher eligible to receive a license under this Compact shall, unless otherwise provided for herein:

1. Upon their application to receive a license under this Compact, undergo a criminal background check in the Receiving State in accordance with the laws and regulations of the Receiving State; and

2. Provide the Receiving State with information in addition to the information required for licensure for the purposes of determining compensation, if applicable.

ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS

A. Nothing in this Compact shall be deemed or construed to limit the authority of a Member State to investigate or impose disciplinary measures on Teachers according to the State Practice Laws thereof.

B. Member States shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of Teachers in other Member States upon request. Any Member State receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another Member State, the disclosing state shall communicate its intention and purpose for such disclosure to the Member State which originally provided that information.

ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY

COMPACT COMMISSION

A. The interstate compact Member States hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission:

1. The Commission is a joint interstate governmental agency comprised of States that have enacted the Interstate Teacher Mobility Compact.

2. Nothing in this interstate compact shall be construed to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1) delegate to the Commission, who shall be given the title of Commissioner.

2. The Commissioner shall be the primary administrative officer of the State Licensing Authority or their designee.

3. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed.

4. The Member State shall fill any vacancy occurring in the Commission within 90 days.

5. Each Commissioner shall be entitled to one (1) vote about the promulgation of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication.

6. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws.

7. The Commission shall establish by Rule a term of office for Commissioners.

C. The Commission shall have the following powers and duties:

1. Establish a Code of Ethics for the Commission.

2. Establish the fiscal year of the Commission.

3. Establish Bylaws for the Commission.

4. Maintain its financial records in accordance with the Bylaws of the Commission.

5. Meet and take such actions as are consistent with the provisions of this interstate compact, the Bylaws, and Rules of the Commission.

6. Promulgate uniform Rules to implement and administer this interstate compact. The Rules shall have the force and effect of law and shall be binding in all Member States. In the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law.

7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any Member State Licensing Authority to sue or be sued under applicable law shall not be affected.

8. Purchase and maintain insurance and bonds.

9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State, or an associated nongovernmental organization that is open to membership by all states.

10. Hire employees, elect, or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

11. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.

12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

13. Establish a budget and make expenditures.

14. Borrow money.

15. Appoint committees, including standing committees composed of members and such other interested persons as may be designated in this interstate compact, Rules, or Bylaws.

16. Provide and receive information from, and cooperate with, law enforcement agencies.

17. Establish and elect an Executive Committee.

18. Establish and develop a charter for an Executive Information Governance Committee to advise on facilitating exchange of information; use of information, data privacy, and technical support needs, and provide reports as needed.

19. Perform such other functions as may be necessary or appropriate to achieve the purposes of this interstate compact consistent with the State regulation of Teacher licensure.

20. Determine whether a State's adopted language is materially different from the model compact language such that the State would not qualify for participation in the Compact.

D. The Executive Committee of the Interstate Teacher Mobility Compact Commission.

1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this interstate compact.

2. The Executive Committee shall be composed of eight voting members:

a. The Commission chair, vice chair, and treasurer; and

b. Five members who are elected by the Commission from the current membership:

i. Four voting members representing geographic regions in accordance with Commission Rules; and

ii. One at large voting member in accordance with Commission Rules.

3. The Commission may add or remove members of the Executive Committee as provided in Commission Rules.

4. The Executive Committee shall meet at least once annually.

5. The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the Rules or Bylaws, changes to the compact legislation, fees paid by interstate compact Member States such as annual dues, and any compact fee charged by the Member States on behalf of the Commission.

b. Ensure Commission administration services are appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

e. Monitor compliance of Member States and provide reports to the Commission.

f. Perform other duties as provided in Rules or Bylaws.

6. Meetings of the Commission

a. All meetings shall be open to the public, and public notice of meetings shall be given in accordance with Commission Bylaws.

b. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

i. Non-compliance of a Member State with its obligations under the compact.

ii. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures.

iii. Current, threatened, or reasonably anticipated litigation.

iv. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

v. Accusing any person of a crime or formally censuring any person.

vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

viii. Disclosure of investigative records compiled for law enforcement purposes.

ix. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.

x. Matters specifically exempted from disclosure by federal or Member State statute.

xi. Others matters as set forth by Commission Bylaws and Rules.

c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

d. The Commission shall keep minutes of Commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

7. Financing of the Commission

a. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

b. The Commission may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

c. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission, in accordance with the Commission Rules.

d. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.

e. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to accounting procedures established under Commission Bylaws. All receipts and disbursements of funds of the Commission shall be reviewed annually in accordance with Commission Bylaws, and a report of the review shall be included in and become part of the annual report of the Commission.

8. Qualified Immunity, Defense, and Indemnification

a. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

b. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

c. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

ARTICLE VIII- RULEMAKING

A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this interstate compact and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.

B. The Commission shall promulgate reasonable Rules to achieve the intent and purpose of this interstate compact. In the event the Commission exercises its Rulemaking authority in a manner that is beyond purpose and intent of this interstate compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the Member States.

C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted or ratified at a regular or special meeting of the Commission in accordance with Commission Rules and Bylaws.

E. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the usual Rulemaking procedures shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare.

2. Prevent a loss of Commission or Member State funds.

3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or

4. Protect public health and safety.

ARTICLE IX- FACILITATING INFORMATION EXCHANGE

A. The Commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the Rules of the Commission, consistent with generally accepted data protection principles.

B. Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a Member State to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the Member State.

ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact shall have standing as statutory law.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

3. All courts and all administrative agencies shall take judicial notice of the Compact, the Rules of the Commission, and any information provided to a Member State pursuant thereto in any judicial or quasi-judicial proceeding in a Member State pertaining to the subject matter of this Compact, or which may affect the powers, responsibilities, or actions of the Commission.

4. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:

a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the default.

C. If a State in default fails to cure the default, the defaulting State may be terminate from the Compact upon an affirmative vote of a majority of the Commissioners of the Member States, and all rights, privileges and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and

minority leaders of the defaulting State's legislature, the State Licensing Authority and each of the Member States.

E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.

G. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States.

2. The Commission shall promulgate a Rule providing for both binding and nonbinding alternative dispute resolution for disputes as appropriate.

I. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.

ARTICLE XI- EFFECTUATION, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State.

1. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different from the model Compact statute.

2. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Article X.

3. Member States enacting the Compact subsequent to the Charter Member States shall be subject to the process set forth in Article VII.C.20 to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

B. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than ten.

C. Any State that joins the Compact after the Commission's initial adoption of the Rules and Bylaws shall be subject to the Rules and Bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State, as the Rules and Bylaws may be amended as provided in this Compact.

D. Any Member State may withdraw from this Compact by enacting a statute repealing the same.

1. A Member State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal.

E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

ARTICLE XII- CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any Member State or a State seeking membership in the compact, or of the United States or the applicability thereof to any other government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

ARTICLE XIII- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.

B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.

C. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.

Section 1203-C. When and how compact becomes operative.

(a) General rule.--When the Governor executes the Interstate Teacher Mobility Compact on behalf of this State and files a verified copy thereof with the Secretary of the Commonwealth and when the compact is ratified by one or more other states, the compact shall become operative and effective between this State and such other state or states. The Governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this State and any other state ratifying the compact.

(b) Notice in Pennsylvania Bulletin.--The Secretary of the Commonwealth shall transmit to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin a notice when the conditions specified in subsection (a) are satisfied and shall include in the notice the date on which the compact became effective and operative between this State and any other state or states in accordance with this article.

Section 1204-C. Compensation and expenses of commissioner.

The commissioner who represents this State, as provided for in the Interstate Teacher Mobility Compact, shall not be entitled to any additional compensation for his or her duties and responsibilities as commissioner but shall be entitled to reimbursement for reasonable expenses actually incurred in connection with his or her duties and responsibilities as commissioner in the same manner as for expenses incurred in connection with other duties and responsibilities of his or her office or employment.

Section 5.1. Section 1403-A(c)(1), (d) and (e) of the act, amended July 8, 2022 (P.L.620, No.55), are amended to read:

Section 1403-A. Scope of program and selection of students.

(c) Student requirements.--A student may enroll in the recovery high school under the program if the following apply:

[(1) (i) Subject to subparagraph (ii), the student resides in a school district of the first class, which has approved the student's enrollment in the recovery high school under the program and, with the written consent of the student's parent or guardian, has applied for enrollment in the recovery high school on the student's behalf.

(ii) If fewer than 20 students residing in a school district of the first class enroll in the recovery high school under the program at any time under subparagraph (i), a student who resides in a school district other than a school district of the first class may enroll in the recovery high school under the program if the student's resident school district has approved the student's enrollment in the recovery high school under the program and, with the written consent of the student's parent or guardian, has applied for enrollment in the recovery high school on the student's behalf.]

[(d) Approval or disapproval by resident school district.--Within 15 days after a student's parent or guardian submits a written request to the resident school district seeking the student's enrollment in the recovery high school under the program, the resident school district shall issue written notice to the parent or guardian approving or disapproving the request.

(e) Hearing.--If a parent or guardian disagrees with a resident school district's disapproval of the student's enrollment in the recovery high school under the program, the following shall apply:

(1) For a student with an IEP, the due process hearing requirements of 22 Pa. Code Ch. 14 (relating to special education services and programs) shall apply.

(2) For a student without an IEP, the resident school district shall follow a notice and hearing process that the department shall develop and post on its publicly accessible Internet website.

(3) If a student's enrollment in the recovery high school under the program is not approved by the student's resident school district or if the student's parent or guardian chooses not to participate in the program established under section 1402-A, the student's parent or guardian may pay the student's tuition to enroll in the recovery high school, provided that the recovery high school has approved the student's enrollment in the recovery high school.]

Section 6. The act is amended by adding a section to read:

Section 1403.1-A. Enrollment of students.

(a) Conditions.--A student may enroll in the recovery high school under the program established in section 1402-A if the following apply:

(1) Subject to paragraph (2), the student resides in a school district of the first class and the student's parent or guardian has applied for enrollment in the recovery high school on the student's behalf.

(2) If fewer than 20 students residing in a school district of the first class enroll in the recovery high school under the program at any time, a student who resides in a school district other than a school district of the first class may enroll in the recovery high school under the program if the student's parent or guardian has applied for enrollment in the recovery high school on the student's behalf.

(b) Payment.--The Department of Education shall pay any tuition due from the student's school district of residence under section 1405-A to the recovery high school by subtracting the amount from State subsidies payable to the student's school district of residence.

Section 7. Section 1404-A(c) of the act is amended to read:

Section 1404-A. Academic programs.

[(c) Licensure.--If a student enrolled in the recovery high school is subject to an IEP, the recovery high school must be licensed to provide any services required to be provided under the student's IEP.]

Section 8. Section 1551(a), (b) and (f) of the act are amended and the section is amended by adding a subsection to read:

Section 1551. Economic Education and Personal Financial Literacy Programs.--(a) The department shall have the power and its duty shall be to:

(1) Provide resource information on economics, economic education and personal financial literacy to educators and public and private schools and organizations. The department shall review and update its existing resource information following completion of the review of the State standards under the State Board of Education's standards under paragraph (2)(ii).

(2) Provide for the distribution, including through the department's Internet website, to school entities [or] and private, nonpublic, elementary or secondary schools in this Commonwealth, [teacher] of model curriculum materials and other available resources, including economic education partnership programs, on economic education and personal financial literacy, including the basic principle involved with earning, spending, saving and investing money. The model curriculum materials shall align with and complement existing State standards for [Economics, Family and Consumer Science, and Career Education and Work] personal financial literacy as set forth in 22 Pa. Code Ch. 4 (relating to academic standards and assessment). The following shall apply:

(i) The department shall review and update its existing model curriculum materials and other available resources as necessary no later than the beginning of the 2025-2026 school year and within one year after any revision of the State standards under subparagraph (ii).

(ii) The State Board of Education shall review the existing State standards for Economics, Family and Consumer Science, and Career Education and Work as set forth in 22 Pa. Code Ch. 4 and revise the standards as necessary to implement the provisions of this subarticle.

(3) Identify and recognize Commonwealth schools that implement exemplary economic and economic education and personal financial literacy curricula at each benchmark as set forth in existing State standards for Economics, Family and Consumer Science, and Career Education and Work as set forth in 22 Pa. Code Ch. 4.

(4) Maintain an inventory of model curriculum economic education and personal financial literacy materials, programs and resources available in Commonwealth agencies.

(b) In distributing model curriculum materials and resources for use in schools, the department shall consider those currently available through international, national, Statewide and local economic, banking trade and personal finance education organizations.

(b.1) (1) Beginning with the 2026-2027 school year and in each school year thereafter, a school entity or nonpublic school shall provide a mandatory course in personal financial literacy with a value of at least one-half credit or half of a full credit. Students shall be required to complete the course once during grade nine, ten, eleven or twelve.

(2) Nothing in this subsection shall be construed to circumvent the provisions of 20 U.S.C. Ch. 33 (relating to education of individuals with disabilities). A student's individualized education program may provide for accommodations to enable the student to complete the course required under paragraph (1).

(3) The department shall develop or identify a model curriculum and a list of education materials which a school entity or nonpublic school may use in providing the course required under paragraph (1). The department shall consult with multiple organizations specializing in financial literacy education in developing the model curriculum and educational materials. The department may update existing model curriculum materials if necessary and other available resources under subsection (a) as necessary to comply with this paragraph and shall update the existing model curriculum materials and other available resources within one year of the date of revision of the State standards under subsection (a)(2)(ii).

(4) The department shall clarify which certifications are necessary to qualify an educator to provide instruction of the course required under paragraph (1), which shall include, at a minimum, family and consumer science, business, computer and information technology, mathematics and social studies. The department shall revise its certification and staffing policy guidelines as necessary to reflect the qualifications specified under this paragraph.

(5) An educator who is assigned to provide instruction of the course required under paragraph (1) may not:

(i) lose a planning period as a result of the assignment, except in accordance with a collective bargaining agreement between a school entity and an employe organization; or

(ii) bear any costs related to earning an add-on certification necessary to provide the instruction.

(6) Nothing in this subsection shall supersede or preempt any provision of a collective bargaining agreement between a school entity and an employe organization.

(f) The following words and phrases when used in this section shall have the meanings given to them in this subsection:

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

"Educator." As defined in section 1.2 of the act of December 12, 1973 (P.L.397, No.141), known as the "Educator Discipline Act."

"Nonpublic school." A nonprofit school, other than a public school, where a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of this act and which meet the requirements of 42 U.S.C. Ch. 21 Subch. V (relating to federally assisted programs).

"Personal financial literacy." The integration of various factors relating to personal financial management, including understanding financial institutions, using money, learning to manage personal assets and liabilities, creating budgets and any other factors that may assist an individual in this Commonwealth to be financially responsible.

"Planning period." A period of time during a school day which an educator may use for professional duties, including instructional preparation and planning, communications with parents and legal guardians of students and evaluating student work.

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

"Secretary." The Secretary of Education of the Commonwealth.

Section 9. The act is amended by adding a section to read:

Section 1517-D. Quarterly reporting.

(a) Duty of department.--No later than March 31, 2024, the department shall amend the department's system to allow for collection of information required under this subsection.

(b) Information to be collected.--Beginning on April 1, 2024, an approved provider shall provide to the department:

(1) Notice and information on an eligible student enrolled in a program-funded slot in the approved provider's program within 15 days of the enrollment.

(2) Notice and information on an eligible student's removal from enrollment in a program-funded slot in the approved provider's program within 15 days from the removal of enrollment.

(c) Report.--By July 31, 2024, and each quarter thereafter, the department shall, from the information reported by the approved providers under subsection (b), report to 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 the following:

(1) The total number of eligible students enrolled in a program-funded slot for each approved provider organized by month in the previous quarter.

(2) The number of eligible students newly enrolled in a program-funded slot for each approved provider organized by month in the previous quarter.

(3) The number of eligible students removed from enrollment in a program-funded slot for each approved provider organized by month in the previous quarter.

(4) The number of eligible students enrolled for 90% of the month in a program-funded slot for each approved provider organized by month in the previous quarter.

(5) The number of total funded slots for each approved provider by month in the previous quarter.

(6) A listing by county of the total number of requested program-funded slots for students from eligible providers in the county and the total number of slots approved for all approved providers in the county for the current fiscal year.

(7) Other information the department deems necessary.

(d) Duty of secretary.--Beginning in January 2024, and each quarter thereafter, the Secretary of Education and Deputy Secretary for the Office of Child Development and Early Learning shall meet in person with the chairperson, or a designee, and minority chairperson, or a designee, of the Appropriations Committee of the Senate and the chairperson, or a designee, and minority chairperson, or a designee, of the Appropriations Committee of the House of Representatives to report on the information collected under this section. The requirement under this subsection may be waived by agreement in writing of 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.

Section 10. Section 1607(b) of the act is amended by adding a paragraph and the section is amended by adding a subsection to read:

Section 1607. Attendance in Other Districts.--* * *

(b) If a third class school district operating under a special board of control pursuant to section 692 has, with the approval of the Secretary of Education, curtailed its educational program by eliminating its high school and has not assigned its high school pupils to another school district and provided adequate transportation in a manner under subsection (a), the secretary shall have the following authority:

(5) For the 2023-2024 school year and each school year thereafter, the per pupil tuition rate that a school district designated under paragraph (1) shall receive for each reassigned student in a regular or special education program shall be the sum of:

(i) the tuition rate established for the prior school year; and

(ii) the product of:

(A) the tuition rate established for the prior school year; and

(B) the average of the most recent percentage increase in the Statewide average weekly wage and the employment cost index as defined in the "Taxpayer Relief Act."

(b.2) (1) A school district that eliminated its high school under subsection (b) shall not reopen its high school without the approval of the Secretary of Education.

(1.1) The distressed school district subject to this section may submit a plan to reopen its high school to the Secretary of Education.

(2) Upon receipt of a plan, the Secretary of Education may consider the following information as a basis for approval:

(i) The financial sustainability of the plan to reopen the high school.

(ii) The demographic trends of the distressed school district subject to this section.

(iii) Proposed faculty levels and curriculum offerings.

(iv) The contents of the most recent report required under subsection (i)(2).

(v) The involvement of the school districts identified under subsection (b)(1) in the plan to reopen the high school.

(vi) Any other information as determined by the Secretary of Education.

Section 10.1. The definition of "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:

"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[.] or at least 85% of the annual cash receipts if the entity reports an annual IRS program expense percentage of greater than 90% on its IRS 990 tax filing.

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[.] or at least 85% of the annual cash receipts if the entity reports an annual IRS program expense percentage of greater than 90% on its IRS 990 tax filing.

"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[.] or at least 85% of the annual cash receipts if the entity reports an annual IRS program expense percentage of greater than 90% on its IRS 990 tax filing.

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 10.2. Section 2302-A introductory paragraph and (5) of the act are amended to read:

Section 2302-A. Regulation of On-Campus Credit Card Marketing.--The board shall require an institution of higher education to establish a policy that regulates the marketing of credit cards on campus. The policy may prohibit any marketing of credit cards on the campus. In establishing the policy, the institution of higher education shall , for students entering in the 2024-2025 school year, incorporate into orientation programming presentations on credit card debt education and money management skills for students. The institution of higher education shall also consider all of the following:

[(5) Incorporating into orientation programming a credit card debt education presentation.]

Section 11. Section 2510.3(a)(2) of the act, amended July 8, 2022 (P.L.620, No.55), is amended to read:

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] 694-A or subject to oversight during the transition period under section 625-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 12. The provisions of 22 Pa. Code are abrogated insofar as they are inconsistent with the amendment of section 1551 of the act.

Section 13. This act shall take effect as follows:

(1) The addition of Article XII-C of the act shall take effect in 60 days.

(2) The remainder of this act shall take effect immediately.

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

JOSH SHAPIRO

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