Pennsylvania Gov. Tom Wolf has signed into law several changes to the Pennsylvania School Code. Here are some highlights from Act 55 of 2022, and the impact it will have on school entities in the Commonwealth.

Keystone Exams

Student may still meet the graduation requirement of a proficient score on a Keystone Exam by completing an industry recognized credential. However, the law change revises the applicable definition to “a credential identified in the industry credential resource book or in the industry-based learning guidelines compiled by the Department.”

The guidelines are available here. In addition, for students who have already met this standard, this credential must be noted on the student’s transcript by the start of the 2022-23 school year.

In addition, there is an amendment that permits students who need to pass the Keystone Exam to graduate to do so through a composite score on the Algebra I, Literature, and Biology Keystone Exams. In order to qualify, the student must obtain a proficient on two of the exams and a basic on the last one and have a composite score of 2939 on the two highest scores.

Schools will want to determine if any students qualify as meeting the Keystone Exam requirements for graduation through these alternative means and, if so, note so on the student’s transcript and update their guidance to students and families on these new means to meet these graduation requirements.

Special Education Funding Commission and Commission on Education and Economy

The legislation includes the formation of a new commission and the reconstitution of a previous commission. The newly formed Commission on Education and Economy is required to hold a number of public meetings, gather information and make recommendations on changes in education. It will go through this process once every ten years. The Special Education Funding Commission is to be reassembled by January 15, 2024, and make recommendations no later than November 30, 2024, that must be reviewed by the Independent Fiscal Office. The recommendations of both Commissions will be forwarded to the Legislature, who will be free to act or not act on them.

Schools will want to be aware of these Commissions and, to the extent that opportunities are available, decide if they wish to provide comments.

Building Projects

The revisions to the School Code continue the moratorium on the Pennsylvania Department of Education (PDE) accepting or approving new school construction or reconstruction project applications for another year.

Certifications and Continuing Professional Education

The legislation provides for the creation of a certification for career and technical instruction for out of state applicants who meet certain qualifying requirements related to prior experience and education.

The revisions to the School Code extend all continuing education requirements deadlines for professional educators and paraprofessionals for one year. In addition, the legislation suspends continuing professional obligations for school or system leaders for one year.

The revisions include the creation of a program of professional development, to be established by PDE, in structured literacy. The legislation also revises the certification requirements for out-of-state transfers and creates a new certification in dance.

Home School Programs

The revisions to the School Code require districts to develop a policy and procedure that permits home school students to participate in all extra-curricular activities, including activities like band that are merged with a required academic courses, for up to one quarter of a full-time student’s day, so long as the student would otherwise qualify for the course and the parents provide transportation for the class. The district is required to provide a grade in the class to the home education supervisor. In addition, the revisions require that a policy be developed to permit participation by home school students in the district’s career and technical programs, at least to the same extent as other students attending school in the district. Schools should work with their solicitor to revise their home school program policy to address these additional requirements.

Educational Instability

Act 55 adds a provision to Act 1 of 2022 that permits a student who is considered to have educational instability to request a diploma from the district they previously attended or from the Commonwealth.

School Food Programs

The legislation includes provisions related to nonprofit school food programs that increases the dollar amount a student must owe before they can be provided an alternative meal from $50 to $75. In addition, schools are now required to offer assistance to a student who owes for school meals. Previously the school could help students apply for participation in the school food program. Now they must help.

Lastly, the previous law prohibited schools from making students who could not pay for their school meal throw it out after it was served to them. The new amendments now prohibit both students from being directed to throw it out and school staff members from doing it. Schools should review their policies and procedures on the issue and revise them accordingly.

Special Education Issues

The legislation expands special education reporting requirements under the School Code to include the number of students for which expenditures are less than $5,000, which shall be listed in category 1A, and the number of students for which expenditures are between $5,000 and $25,000, to be listed in category 1B. PDE is also provided authority to adjust the amounts of each reporting category. Schools should review their data collection procedures to ensure that they are able to count the number of students in each of these new categories and be on the lookout for any guidance from PDE.

The revisions provide another year of schooling for students with disabilities who turned 21 during the 2021-22 school year or during the summer of 2022. PDE has issued a form, which is available here. Parents must opt into this program by August 1 and the legislation provides that the most recent IEP will continue to be implemented. Schools should start to expect these forms soon and plan for placements and services for students who qualify under this provision.

School Safety Programs

The revisions make a number of changes related to school safety and security.

First, there is a requirement that schools complete a survey on mental health services to be provided by the Commonwealth and completed by August 31, 2022. Second, the revisions add as permissible uses of school safety and security grants to include, among other items, suicide awareness and prevention curriculum, mental health early intervention, suicide and bullying prevention and training related to mental health.

The legislation requires that schools have an administrator appointed as a school safety and security coordinator. It also requires that the name of this person must be provided to the School Safety and Security Committee, and that when a vacancy exists in the future it must be filled within 30 days. The amendments also add training requirements for the school safety and security coordinator that must be met within one year of appointment.

The revisions expand the training requirements for school employees. First, employees will need to complete two hours of training per year, either in-person or virtually, in situational awareness, trauma-informed approaches, behavior health awareness, suicide and bullying awareness and substance use awareness. Second, employees must have at least one hour of training in-person on emergency training drills, including fire natural disaster, active shooter, hostage situation, bomb threat and identification of student behavior that may be a threat to other students, school employees or school facilities. That last category of training can be provided virtually, though.

The legislation also includes the creation of School Safety and Security Grants, School Based Mental Health Internship Grants and School Mental Health Grants, and establishes the criteria and procedure for each.

Schools should review their policies and procedures relates to school safety and employee training to include these additional requirements.

School Nursing Services for Private Schools

Schools are required under the amendments to continue providing school nurses for private school if they did so during the 2018-19 school year and received state funding for reimbursement for these services.

Drug and Alcohol Programs

The legislation changes the drug and alcohol recovery high school pilot program to a permanent program. In addition, there are two changes made to these programs. First, in order to be eligible for the program, the law has changed the requirement that the student has “at least 30 days of sobriety at the time of the application” to the “student commits to sobriety from drug or alcohol abuse or addiction and participates in a drug and alcohol recovery program at the time of the application.” In addition, the legislation changes the response time for districts to respond to a request to enter such a program from 30 days to 15 days.

Agreements with Institutions of Higher Learning

The amendments to the School Code also include a revision that requires school districts to enter into an agreement with an institution of higher learning approved to operate in Pennsylvania, while the previous prevision merely permitted it. In addition, school districts may enter into contracts with multiple institutions of higher learning.

The legislation lists a number of things that must be included in the agreement. First, the agreement must provide that students receive the same credit as post-secondary students attending the institution of higher learning. Second, the students may receive credit towards graduation requirements from the school district. Third, the classes can be in-person or virtual. Fourth, the school district may pay tuition and fees, although it is not required. Fifth, if a charter or cyber charter school has students enrolled in an institution of higher learning and the charter does not pay tuition or fees, the sending district may reduce its payment to the charter school for that student by the amount paid by the student’s family. Next, the classes should be weighted as AP classes for Student’s GPA. Finally, a copy of the agreement needs to be provided to PDE.

Disability Inclusion Curriculum

The revisions to the School Code create a pilot program related to instruction on the contributions by people with disabilities. Schools that wish to participate in this three-year program must submit an application by May of 2023 to be considered for the pilot program. It is expected that PDE will be rolling out information about this pilot program. Schools interested in this program should be on the look out for it.

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