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State Budget Update
The General Assembly remains in session as negotiations continue
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The General Assembly remains in session today and is scheduled through the weekend as negotiations continue to finalize a 2022-23 state budget. Towards the earlier part of the week budget talks had certainly come to a standstill, but now the negotiations are in full swing and legislation is being drafted. PSBA has been working with legislative offices to push for increased funding for the basic education funding subsidy, special education, level up subsidy, career and technology subsidy and safety/mental health appropriations. While legislators remain tight lipped as to the total increases in those line items, we are confident that our members' voices are being heard. PSBA is also involved in the work of the omnibus School Code amendments that are expected to take place with this budget. We anticipate that many significant policy changes and new programs will be included as part of the budget package.
As legislators are hammering out budget-related issues, PSBA remains a constant presence at the Capitol and will continue to provide you with up-to-date information. Watch your email for PSBA Legislative EDition special reports as events unfold. Following passage of the budget, PSBA will also providing a recorded update with details on the new spending plan for you to access at your convenience. Stay tuned for access to the link for the budget recording.
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President Biden signs Keep Kids Fed Act to support summer meal programs
Provides funding and allows the use of food program waivers through September 30, 2022.
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President Biden recently signed into law legislation supported by PSBA which extends certain flexibilities for child nutrition programs and provides temporary increases in reimbursement rates for school meals and meals provided at childcare centers through the summer. The bill was signed about a week before the waivers for child nutrition programs were set to expire on June 30.
S. 2089, the “Keep Kids Fed Act of 2022,” provides funding for communities and allowing the use of food program waivers that allows the distribution of meals to all children at no charge through September 30, 2022. (However, it does not extend the waiver through this upcoming school year.) The act also provides school districts with flexibilities to deal with supply chain issues and labor shortages, by waiving penalties for those that can't always meet federal nutrition requirements. In addition, the act gives schools an additional 15 cents per breakfast and 40 cents per lunch for the 2022-23 school year in addition to the annual adjustment for inflation that happens in July.
PSBA supports this legislation and sent a letter to our congressional delegation supporting passage. Click here to read the letter.
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On the governor’s desk
Prohibitions in school sports for transgender students: With a vote of 30-20, the Senate passed House Bill 972 (Rep. Gleim, R-Cumberland) which creates restrictions prohibiting transgender students from participating in sports teams that align with their gender identity. The bill is now on the governor’s desk, where it is expected to be vetoed.
Under House Bill 972, interscholastic, intercollegiate, intramural or club athletic teams or sports that are sponsored by a public school entity, a public institution of higher education or any school or institution where students or teams compete against a public school or institution of higher education must be expressly designated based on sex (defined as the biological distinction between male and female based on reproductive biology and genetic make-up) as male, female or coed. The bill prohibits male students from participating in athletic teams or sports designated for females and creates causes of legal action that students and schools may take.
Passed by the Senate
Identification of sexually explicit materials: Senate Bill 1277 (Sen. Aument, R-Lancaster) requires districts to identify sexually explicit content in school curriculum and libraries and materials and notify parents that their child’s coursework includes such content. Among the extensive provisions of the bill, parents would be able to review learning materials and could opt their children out of that coursework or prevent their child from viewing a particular book from the library. If the parent decides to opt their child out of coursework, the child must be provided with alternative materials and coursework. The bill was amended on the Senate floor to define acts of sexual misconduct. The measure was passed with a vote of 30-20. The bill is now in the House Education Committee for further consideration.
Prohibiting discussion of gender identity and sexual orientation in schools: Senate Bill 1278 (Sen. Martin, R-Lancaster) prohibits classroom instruction on gender identity and sexual orientation for pre-kindergarten through fifth-grade students. School boards must adopt a policy by the beginning of the 2022-23 school year regarding the requirements under the bill. At the beginning of the school year, schools must notify parents of each health care service offered at the school and the option to withhold consent or decline any specific service. The bill includes various other provisions related to health care services, health screenings and questionnaires. Schools are prohibited from withholding information from parents in accordance with existing state and federal laws. Senate Bill 1278 was passed with a vote of 29-21. The bill is now in the House Education Committee for further consideration.
On the Senate floor
Purple Star Schools: House Bill 1867 (Rep. Boback, R-Luzerne) establishes a voluntary program to recognize public and nonpublic schools that provide services for educational transition issues of military families Schools will be designated as Purple Star campuses if they demonstrate military-friendly practices and meet established criteria. PSBA supports House Bill 1867. The bill was amended on the Senate floor to include cyber charter schools and intermediate units to the definition of public school.
Senate State Government Committee agenda:
Broadcast public meetings (Sunshine Act): The committee approved Senate Bill 1130 (Sen. Dush, R-Jefferson), legislation that amends the Sunshine Act to allow political subdivisions and municipal authorities to adopt local rules facilitating the broadcast of its meetings using through its website, social media applications or other mobile application. They also would be permitted to adopt local rules permitting the public to offer remote public comment by “authorized telecommunications device” in addition to in-person public comment. The bill was amended to define the term “broadcast” and clarify methods of broadcast and of remote public comments. PSBA worked with legislative staff and the joint state government commission to provide amendments to this legislation.
Right-to-Know Law changes (action deferred): The committee did not take action on two bills that were on the agenda that would amend the state Right-to-Know Law, House Bill 2524 (Rep. Schmitt, R-Blair) and Senate Bill 492 (Sen. Mastriano, R-Franklin). These bills were discussed at the committee’s public hearing that was held last week, with many stakeholders, including PSBA, raising concerns.
PSBA had noted that unintended consequences of the current law include the ability of commercial enterprises to use the process to obtain information at taxpayer expense which is then used to generate revenue as opposed to being used for governmental transparency purposes. Another consequence has been the ability of vexatious requesters to use the law as a means to harass or disrupt the operations of an agency. PSBA opposes House Bill 2524 which fails to provide needed relief and would create new concerns with the law. In addition, Senate Bill 492 does provide for relief from commercial requesters and if this bill moves PSBA would seek to work with the sponsor to also address the issue of vexatious requesters. Click here to read PSBA’s testimony.
Passed by the House of Representatives
School enrollment for military children: House Bill 1813 (Rep. Mackenzie, R- Lehigh) as amended by the Appropriations Committee this week, amends the Public School Code by adding a section concerning military child advance enrollment. Under the bill, a school district must adopt a policy or revise an existing policy on enrollment to allow a child whose parent is an active duty member of the armed forces of the United States, including a reservist, and has received official military orders to transfer into or within Pennsylvania, to enroll in the district prior to establishing residency by providing a copy of the official military orders to the district and proof of the parent’s intention to move into the district. Proof may include a signed contract to purchase a home, a signed lease agreement or a statement from the parent. A child who establishes residency in this manner must provide proof of residence to the school district no later than 10 days after the arrival date specified in the military order. The bill is now in the Senate Education Committee for further consideration. PSBA worked with the sponsor and House legislative staff to provide technical amendments that allowed the association to support the bill.
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President Biden signs Bipartisan Safer Communities Act
President Biden recently signed S. 2938, the Bipartisan Safer Communities Act, a firearm and mental health bill which enhances certain restrictions and penalties on firearms purchases; promotes evidence-based best practices for school safety; authorizes grants to expand access to mental health services; and appropriates funding for mental health resources and school safety measures. The act includes these provisions of interest to schools:
- $1 billion in new funding through Title IV-A of the Elementary and Secondary Education Act to lift up activities for student learning conditions, such as evidence based-practices that foster positive school climates
- $500 million for the School Based Mental Health Service Grant Program to increase the number of mental health service providers
- $500 million for the School Based Mental Health Service Professionals Demonstration Grant program to train and diversify the pipeline of counselors, social workers and psychologists in schools
- $300 million through the STOP School Violence Act to improve school violence prevention efforts
- $240 million for programs raising awareness about mental health among school-aged children and teens, and to connect students who have potential behavioral health issues with needed services
- $50 million for the 21st Century Community Learning Centers program, which invests in extracurricular, after-school and summer programs
- $28 million to support trauma care in school settings
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