Section 16-1607 - Attendance in Other Districts(a) Except as set forth in subsection (b), pupils residing in a school district in which no public high school is maintained may attend, during the entire term, at the expense of the school district of which they are residents, the nearest or most conveniently located high school of such class as they may desire to attend, unless the board of school directors of the district of residence shall have assigned the pupils to a high school and adequate transportation is provided thereto. Pupils who reside in a school district in which no public high school, other than a career and technical high school is maintained, may attend, during the entire term, the nearest or most conveniently located academic high school. In any district which maintains a high school whose program of studies terminates before the end of the twelfth year, pupils who have satisfactorily completed the program of studies there available in other than career and technical schools or departments, or have completed a program of studies equivalent to said program of studies in some other school or schools, may attend, at the expense of the school district in which they live, and for the purpose of pursuing academic studies of a higher grade, the nearest or most conveniently located high school of such type as they may desire to attend giving further high school work.(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:(1) To designate two or more school districts, which shall accept on a tuition basis the high school students of the distressed school district, so long as a designated school district's border is no more than three (3) miles from the border of the distressed school district. The designation under this paragraph shall occur no later than thirty (30) days after receiving the approval of the secretary to curtail its educational program by the elimination of its high school, provided, however, that if any school district meets the criteria of this subsection on the effective date of this subsection, the designation of school districts shall occur no later than thirty (30) days after the effective date of this subsection. (2) To establish a process for the distressed school district to use to reassign its high school students to the school districts designated under paragraph (1).(3) To establish 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. For the 2010-2011 and 2011-2012 school years, the tuition rate established under this paragraph may not exceed the product of: (i) the tuition rate established for the 2007-2008 school year; and(ii) the greater of:(B) the percentage increase in total budgeted revenues available to a distressed school district.(4) For the 2012-2013 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 greater of ten thousand dollars ($10,000) or the product of: (i) the tuition rate established for the prior school year; and(ii) the greater of:(A) the percentage increase in total budgeted revenues available to a distressed school district; or(B) the index set pursuant to the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the "Taxpayer Relief Act," for the distressed school district.(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.1)(1) The following shall apply to professional and temporary professional employes of a school district in which pupils have been reassigned to another school district pursuant to subsection (b): (i) The school district that has eliminated its high school shall create a pool comprised of the professional and temporary professional employes who have received formal notice of suspension as a result of the school district's elimination of its high school program.(ii) Employes in the pool created under clause (i) shall be offered employment by any school district receiving students who have been reassigned pursuant to subsection (b) whenever that school district has a vacancy for a position that an employe in the pool is certified to fill, provided that no employe of the school district in which the vacancy exists, including a suspended or demoted employe, has a right to such vacancy under this act or the collective bargaining agreement of that school district.(iii) No new employe shall be hired by any school district receiving students who have been reassigned pursuant to subsection (b) until the position has been offered, in order of seniority, to all properly certified members of the pool created under clause (i).(2) Employes hired from the pool as provided under this subsection shall be credited by the hiring school district for all sick leave accumulated in the school district that has eliminated its high school program and shall be credited for years of service in the school district that has eliminated its high school program for purposes of salary schedule placement. Temporary professional and professional employes shall further be credited for their years of service in the school district that has eliminated its high school program for purposes of sabbatical leave eligibility, suspension and realignment rights and eligibility for any retirement incentives or severance payments in a hiring school district.(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. (c) A school district designated under subsection (b)(1) shall provide transportation to reassigned students to its high school and shall be eligible for transportation reimbursement in a manner consistent with section 2541 . (d) By August 1 of the year in which a school district is designated under subsection (b)(1) and each August 1 thereafter, the secretary shall publish on the Internet website of the Department of Education and submit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, the following information: (1) The names of the school districts designated under subsection (b)(1).(2) The process established under subsection (b)(2).(3) The tuition rate established under subsection (b)(3).(e) Notwithstanding any other provision of statute, regulation, guideline, directive, decision or agreement to the contrary, a school district which is designated under subsection (b)(1) may not be required to include the students in its public school enrollment report for the purposes of determining an interscholastic sports classification by a private entity that is organized under the laws of this Commonwealth to administer interscholastic athletics.(f) A student assigned to a school district designated under subsection (b)(1) shall be included in the average daily membership of the student's school district of residence for the purpose of providing basic education funding allocations and special education funding payments pursuant to Article XXV. (g) By February 1 of each year, the Legislative Budget and Finance Committee shall submit an annual report to the chairman and minority chairman of the Appropriations Committee and the Education Committee of the Senate and to the chairman and minority chairman of the Appropriations Committee and the Education Committee of the House of Representatives summarizing the financial and academic status of a distressed school district under this section and include an audit of its accounts for the immediately preceding school year.(h) For the two (2) consecutive school years following designation under subsection (b)(1), a school district designated under subsection (b)(1) shall receive an additional per-pupil sum of five hundred dollars ($500) for students reassigned pursuant to this section. These additional funds shall be used for transition services to students, including student mentoring, tutoring, employee in-service programs designed to assist transitioning students and security expenditures.(h.1) For the two (2) consecutive school years following the effective date of this subsection, a school district designated under subsection (b)(1) shall receive an additional per-pupil sum of five hundred ($500) dollars for students reassigned and entering grades seven, eight and nine pursuant to this section. These additional funds shall be used for transition services to students, including student mentoring, tutoring, employe in- service programs designed to assist transition students and security expenditures.(i) The following apply: (1) No later than ninety (90) days after designating a school district under subsection (b)(1), the secretary shall establish the Education Advisory Committee, consisting of members selected by the secretary, including:(i) A representative of each school district designated under subsection (b)(1) recommended by the board of school directors of the designated school district.(ii) A member of the board of control of the distressed school district subject to this section.(iii) An administrator from each school district designated under subsection (b)(1) and from the distressed school district subject to this section.(iv) A teacher from each school district designated under subsection (b)(1) and from the distressed school district subject to this section.(v) An elected official representing voters in each school district designated under subsection (b)(1) and the distressed school district subject to this section.(vi) Three (3) residents of each of the school districts designated under subsection (b)(1).(vii) Three (3) residents of the distressed school district subject to this section.(viii) An employe of the department. The employe must not be a current member of the board of control.(ix) A representative of the intermediate unit in which the school districts designated under subsection (b)(1) and the distressed school district subject to this section are located.(2) The Education Advisory Committee shall provide a semi-annual report to the secretary. The report shall include:(i) An evaluation of the transition of students who have been assigned to a school district designated under subsection (b)(1).(ii) Recommendations for changes to the process established under subsection (b)(2).(iii) Recommendations for improving education opportunities for students of a distressed school district under this section.(3) The secretary shall provide the Education Advisory Committee a written response to the semi-annual report required under paragraph (2).Amended by P.L. (number not assigned at time of publication) 2023 No. 35,§ 10, eff. 12/13/2023.Amended by P.L. TBD 2019 No. 76, § 35, eff. 12/30/2019.Amended by P.L. 1142 2012 No. 141, § 17, eff. 7/12/2012.Amended by P.L. 684 2012 No. 82, § 22, eff. 7/1/2012.1949, March 10, P.L. 30, art. XVI, § 1607. Amended 1959, Aug. 11, P.L. 683, § 1; 2010, Nov. 23, P.L. 1350, No. 123, § 3, imd. effective.