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§ 25-2552.1. Effect of failure to file reports

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: December 30, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XXV. Reimbursements by Commonwealth and Between School Districts (Refs & Annos)
Subarticle (d). All Appropriations
Effective: December 30, 2019
24 P.S. § 25-2552.1
§ 25-2552.1. Effect of failure to file reports
(a) The Department of Education shall order the forfeiture of three hundred dollars ($300) per day by a school district, charter school, cyber charter school, area career and technical school or intermediate unit that does not submit its annual budget to the Department of Education within thirty (30) days of the submittal date established by the Department of Education. The forfeiture shall continue until a report and annual budget that meet established criteria are submitted. The Department of Education shall deduct the amount of the forfeiture from any and all State payments made to the school district, charter school, cyber charter school, area career and technical school or intermediate unit.
(a.1)(1) The Department of Education shall order the following forfeitures against a school district, charter school, cyber charter school, area career and technical school or intermediate unit that does not submit its annual financial report to the Department of Education within thirty (30) days of the submittal date established under sections 218 and 921-A:1
(i) Three hundred dollars ($300) per day for the first violation.
(ii) Five hundred dollars ($500) per day for the second or subsequent violations.
(2) The forfeiture shall continue until a report that meets established criteria is submitted. The Department of Education shall deduct the amount of the forfeiture from any and all State payments made to the school district, charter school, cyber charter school, area career and technical school or intermediate unit.
(b) The Department of Education shall order the forfeiture of three hundred dollars ($300) per day by a school district, charter school, area career and technical school or intermediate unit that does not submit its pupil membership/child accounting reports within thirty (30) days of the submittal date established by the Department of Education. The forfeiture shall continue until a report that meets established criteria is submitted. The Department of Education shall deduct the amount of the forfeiture from any and all State payments made to the school district, charter school, area career and technical school or intermediate unit.
(c) The Secretary of Education may waive the forfeiture requirements under subsection (a) or (b) if the Secretary of Education is satisfied that extenuating circumstances exist.
(d) In addition to the forfeiture provided under subsections (a) and (b) and notwithstanding any other provision of law to the contrary, the Department of Education may initiate the following professional disciplinary actions against a chief school administrator in accordance with the provisions and procedures set forth in the act of December 12, 1973 (P.L. 397, No. 141),2 known as the “Professional Educator Discipline Act,” for failure to submit the annual financial report and annual budget or pupil membership/child accounting reports within sixty (60) days of the submittal date established by the Department of Education:
(1) Action to suspend for a period of one year the letter of eligibility of a superintendent for the first violation of this subsection.
(2) Action to suspend for a period of one year or revoke the letter of eligibility of a superintendent for the second or subsequent violation of this subsection.
(3) Action to suspend for a period of one year the relevant administrative certificate held by a chief school administrator of a school entity, as the term “school entity” is defined by the “Professional Educator Discipline Act,” for the first violation of this subsection.
(4) Action to suspend for a period of one year or revoke the relevant administrative certificate held by a chief school administrator of a school entity, as the term “school entity” is defined by the “Professional Educator Discipline Act,” for the second or subsequent violation of this subsection.
(5) In the event that the chief school administrator is not certified/certificated, action to prohibit the individual from being employed in a similar position, including the temporary rescission of any letters of eligibility or waivers to hold such position, for a period of one year for the first violation of this subsection.
(6) In the event that the chief school administrator is not certified/certificated, action to prohibit the individual from being employed in a similar position, including rescission of any letters of eligibility or waivers to hold such position, or temporary rescission of any letters of eligibility or waivers to hold such position for a period of one year, for the second or subsequent violation of this subsection.

Credits

1949, March 10, P.L. 30, No. 14, art. XXV, § 2552.1, added 2005, July 13, P.L. 226, No. 46, § 25, imd. effective. Amended 2010, Nov. 17, P.L. 996, No. 104, § 22; 2019, Oct. 30, P.L. 460, No. 76, § 61, effective in 60 days [Dec. 30, 2019].

Footnotes

24 P.S. §§ 2-218, 9-921-A.
24 P.S. § 2070.1a et seq.
24 P.S. § 25-2552.1, PA ST 24 P.S. § 25-2552.1
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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