DELAWARE COUNTY INTERMEDIATE UNIT
LEGISLATIVE UPDATE
December 5, 2012
STATE UPDATE
Session Information
The Senate stands in recess until the call of the President Pro Tempore. The House stands adjourned until
recalled by the Speaker. Neither chamber is expected to return before January 1, 2013.
Upcoming Session Days
House
Jan 1, 14, 15, 16, 22, 23; Feb 4, 5, 6, 11, 12, 13; March 11, 12, 13, 18, 19, 20; April 8, 9, 10, 15, 16, 17, 22, 23,
24; May 6, 7, 8, 13, 14, 15; June 3, 4, 5, 10, 11, 12, 17; 18, 19, 20, 24, 25, 26, 27,28
Senate
Jan 1, 22, 23, 28, 29, 30; Feb 4, 5, 6, 11, 12, 13; March 11, 12, 13, 18, 19, 20; April 8, 9, 10, 15, 16, 17, 29, 30
May 1, 6, 7, 8, 9, 13, 14; June 3, 4, 5, 10, 11, 12, 17, 18, 19, 24, 25, 26, 27, 28
The House and Senate met briefly on November 14 for leadership elections. While the Senate's margin of
control has changed from 30-20 favoring the GOP to 27-23, both caucuses re-nominated their whole
leadership slates intact:
Senate Republican leaders:
Senate President Pro Tem Joe Scarnati, R-Jefferson;
Senate Majority Leader Dominic Pileggi, R-Delaware;
Senate Appropriations Committee Chairman Jake Corman, R-Centre;
Senate Majority Whip Pat Browne, R-Lehigh;
Majority Policy Committee Chairman Ted Erickson, R-Delaware;
Majority Caucus Chairman Mike Waugh, R-York;
Majority Caucus Secretary Bob Robbins, R-Mercer; and
Majority Caucus Administrator John Gordner, R-Columbia.
Senate Democratic leaders:
Senate Minority Leader Jay Costa, D-Allegheny;
Senate Minority Appropriations Committee Chairman Vince Hughes, D-Philadelphia;
Senate Minority Whip Anthony H. Williams, D-Philadelphia;
Senate Minority Caucus Chairman Richard Kasunic, R-Fayette;
Senate Minority Caucus Secretary Tina Tartaglione, D-Philadelphia;
Senate Democratic Policy Committee Chairwoman Lisa Boscola, D-Northampton; and
Senate Minority Caucus Administrator Wayne D. Fontana, D-Allegheny.
House Republican Leaders:
Speaker of the House-Sam Smith (R-66)
Majority Leader-Mike Turzai (R-28)
Majority Whip-Stan Saylor (R-94)
Majority Appropriations Chairman-William Adolph (R-165)
Majority Caucus Chairman-Sandra Major (R-111)
Majority Policy Committee Chairman-Dave Reed (R-62)
Majority Caucus Administrator-Dick Stevenson (R-8)
Majority Caucus Secretary-Mike Vereb (R-150)
House Democratic Leaders:
Minority Leader-Frank Dermody (D-33)
Minority Whip-Mike Hanna (D-76)
Minority Caucus Chairman-Dan Frankel (D-23)
Minority Policy Committee Chairman-Mike Sturla (D-96)
Minority Appropriations Committee Chairman-Joe Markosek (D-25)
Minority Caucus Secretary-Ron Waters (D-191)
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Minority Caucus Administrator-Neal Goodman (D-123)
Committee chairs and members will be assigned by House and Senate leaders when the General Assembly
convenes the new legislative session in January.
News and Updates
Legislative Budget and Finance Committee Interim Report on CPE
The Legislative Budget and Finance Committee (LBFC) recently issues a report of interest to the education
community: "Interim Report on Pennsylvania's Continuing Professional Education Program" pursuant to Act
105 of 2012 which charged the LBFC to study the cost and benefits of Pennsylvania's continuing professional
education program requirement for professional educators (Act 48 of 1999) and issue an interim report in
November 2012. The LBFC interim findings show:
•
Almost all states have continuing professional development requirements for teachers to maintain active
teaching certificates.
•
Continuing professional development helps promote teacher quality and can lead to improved student
performance.
•
Continuing professional development also helps meet federal and state mandates, and supports state and
local education reform initiatives.
•
Most Pennsylvania school district professional educators meet Act 48's requirements through public
school offerings.
•
Statewide, the average number of Act 48 hours per public school district professional educator
substantially declined from FY 2008-2010 to FY 2011-2012.
The LBFC final report on continuing professional education, due in March 2013, will include the costs of Act 48
requirements for the Pennsylvania Department of Education (PDE) and public school districts --based on a
statewide sample of districts.
PA Collected $23.1 Million Less Than Anticipated In November
Pennsylvania collected $1.7 billion in General Fund revenue in November, which was $23.1 million, or 1.4
percent, less than anticipated, Secretary of Revenue Daniel Meuser reported on December 4. Fiscal year-to-date
General Fund collections total $9.8 billion, which is $59.1 million, or 0.6 percent, above estimate.
In addition, a recent report by the state’s Independent Fiscal Office projects a tax increase as high as $22
billion for Pennsylvania taxpayers if the Congressional leaders and the Obama White House fail to reach an
agreement. State spending, meanwhile, could be cut by as much as $300 million, leaving few areas of state
government untouched.
Secretary Declares Duquesne City School District in Financial Recovery
On November 16, Secretary of Education Ronald Tomalis declared Duquesne City School District in financial
recovery status and appointed Paul B. Long to serve as the district's Chief Recovery Officer. Long, of
Pittsburgh, is originally from McKees Rocks (Allegheny) and is a graduate of the U.S. Naval Academy at
Annapolis. He earned a master's degree in business administration and a doctorate in education from the
University of Pennsylvania. After serving 20 years in the U.S. Navy, he began a career in school administration
at the North Allegheny School District (Allegheny). He then served as business administrator, acting
superintendent, and chief executive officer for the Pennsbury School District (Bucks). Long is a member of the
Pennsylvania Association of School Administrators (PASA) and the Pennsylvania Association of School
Business Officials (PASBO).
Task Force on Child Protection Recommends Changes Affecting School Districts
The Pennsylvania Task Force on Child Protection recently released its 400-page report and recommendations to
improve state laws and procedures governing child protection and the reporting of child abuse. The 11-member
panel was created through passage of Senate Resolution 250 in December 2011 and held its first meeting in
January 2012. Following its year of hearings and research, the Task Force proposed a number of policy and
statutory recommendations. Here is a summary of the recommendation that will be of special interest to interest
to school officials, prepared by PSBA:
Among the general recommendations of interest:
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Oversight of professional educators: Legislation should be enacted similar to the legislative proposals
that the Professional Standards and Practices Commission developed to amend the Professional
Educator Discipline Act to expand reporting requirements where allegations of misconduct, including
sexual misconduct, have been made. The proposal includes banning school entities from entering into
confidentiality agreements with educators accused of misconduct.
 Truancy: In response to assertions that a large volume of resources of county agencies and juvenile
courts are devoted to providing services regarding teenage students who are truants, school districts
should be encouraged to more vigorously enforce school attendance rules, coupled with programs
targeted specifically at truancy.
Among the statutory recommendations that are of interest, most amending the Child Protective Services Law
(CPSL):
 Mandatory reporting in institutional settings: Elimination of separate standards for those who are
educators or coaches, whether employed or volunteer, making all such persons mandated reporters with
the legal responsibility to report directly to ChildLine or law enforcement whenever they are aware that
a child is being abused, rather than up the line to administrators.
 Role of school employees and volunteers: Under existing law, school employees committing child abuse
against their students are subject to special rules, definitions and reporting procedures. The Task Force
has recommended eliminating that distinction and to treat school employees in the same manner as any
other person involved with children. The definition of “school employee” is revised to include
volunteers providing services at schools. The definition of “school” is extended to include public and
private colleges and universities, community colleges and other post-secondary institutions where
children may be involved in programs, activities or services.
 Education and training: Amendments are proposed that would add training requirements for mandated
reporters as well as other persons responsible for administering the CPSL. School employees not
covered by the training standards under the Public School Code, including the newest provision under
Act 126 of 2012, would also be subject to these provisions.
 Oath: Persons subject to mandatory training under the CPSL will be required, upon completion of their
training, to affirm an oath regarding their responsibilities under the law.
 Making reports: Under existing law, child abuse reports may be received by the DPW through
ChildLine, by the county agency or law enforcement. Any of the three entities may receive reports and
all three are required to communicate with one another, but the process is disjointed and at times
duplicative and at cross-purposes. The Task Force recommends amending the law to provide a “no
wrong door” means for persons to get reports of suspected child abuse to the proper authorities.
 Who is a perpetrator: The term “person responsible for the welfare of a child” would be broadened to
include any person who, through a profession, employment or volunteer activity has access to children
on a regular basis and is in a relationship of trust as a coach, instructor, leader, mentor, chaperone or
other role in a “program, activity or service” in which children participate. A program, activity or
service includes public and private educational or athletic pursuits. Exemptions for school employees
are deleted, as part of the desire to treat school employees in the same manner as any other individual.
 Background checks and bans: The Task Force recommends expanding the provision governing persons
having contact with children to include any person applying for a paid or unpaid (volunteer) position as
a person responsible for the welfare of a child. Because of the anticipated increase in the volume of
certification requests that these amendments will generate, the amount of time that DPW has to respond
to certification requests is increased from 14 days to 28 days.
 Another recommendation provides the grounds for denying employment or participation in volunteer
activities. These bans are based on, and are consistent with, the restrictions imposed on school
employees under the Public School Code.
 Assessment of homeschooled and cyber charter school children: According to Pennsylvania Department
of Education statistics, over 22,000 students are homeschooled in Pennsylvania, and over 32,000
students attend cyber charter schools. The common thread between the two is that most of these students
are educated in the home. The Task Force believes that safeguards be put in place to ensure the health
and safety of these children by requiring risk and safety assessments for them.
 The recommendation is that the requirement would apply to a child who is of school age who is not
attending school, is enrolled in or has transferred to a home education program or cyber charter school
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and either of the following has occurred: (1) A child or another child in the child’s household has been
the subject of a founded or indicated report or received general protective services within the last five
years; or (2) The parent or other person the child resides with has been the subject of a report within the
last five years.
The school district in which the child resides would have to notify the county whenever a child enrolls
in a home school program or cyber charter school, is truant, or fails to register for school. Upon receipt
of such notice, an initial assessment must be performed by the county, followed by two more
assessments at six month intervals. If no risk of abuse is discovered during those assessments, no further
assessments are required unless a report of suspected child abuse or neglect is received.
Violations of the CPSL: The penalty for failure to report child abuse by a mandatory reporter is
increased to a misdemeanor of the second degree. Additionally, the law would be changed so that: (1)
interfering with the making of a report or referral would be considered a first degree misdemeanor; (2)
concealing child abuse in order to protect another person or entity subsection would be a third degree
felony; and (3) willful failure to report when the person knows or has reasonable cause to believe that
the abuse is part of a continuing cause of action resulting in the child being actively abused as a third
degree felony.
Legislation
Note: SB 1115 was discussed in Select Committee on Property Tax meeting Other Meetings and Hearings on
November 19, 2012.
Submitted by Adriene Irving,
Director, Legislative and Community Services
(Sources: PLS, PA General Assembly, PSBA, EPLC)