Pennsylvania SB 969: An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, establishing the Educational Freedom for Families Program and the Teacher Excellence Incentive Fund; and imposing duties on the Department of Education and the State Treasurer.

Bill Text

PRINTER'S NO. 1109
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 969
Session of
2025
INTRODUCED BY MASTRIANO, AUGUST 15, 2025
REFERRED TO EDUCATION, AUGUST 15, 2025
AN ACT
Amending Title 24 (Education) of the Pennsylvania Consolidated
Statutes, establishing the Educational Freedom for Families
Program and the Teacher Excellence Incentive Fund; and
imposing duties on the Department of Education and the State
Treasurer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 24 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 14
EDUCATIONAL FREEDOM FOR FAMILIES PROGRAM
Sec.
1401. Scope of chapter.
1402. Definitions.
1403. Establishment.
1404. Funding.
1405. Administration and oversight.
1406. Charter and cyber charter school expansion.
1407. Homeschooling support.
1408. STEM program enhancements.
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1409. Teacher performance incentives.
§ 1401. Scope of chapter.
This chapter relates to the Educational Freedom for Families
Program.
§ 1402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." A student education savings account established
by the department for an eligible student under this chapter to
provide for qualified educational expenses.
"Department." The Department of Education of the
Commonwealth.
"Eligible student." A resident of this Commonwealth who:
(1) is eligible to enroll in kindergarten through grade
12 under 22 Pa. Code § 11.12 (relating to school age);
(2) is enrolled in or eligible to attend a public school
in this Commonwealth under section 1301 of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949;
(3) resides in a household with income that meets the
eligibility criteria for scholarship assistance under Article
XX-B of the Public School Code of 1949; and
(4) resides within the attendance boundary of a school
performing in the bottom 15% of Statewide academic
performance metrics, as determined annually by the
department.
"Parent." A parent, guardian or other person with legal
authority to act on behalf of an eligible student.
"Qualified educational expenses." Expenses approved by the
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department, including:
(1) Tuition and fees at a participating private school.
(2) Fees for standardized assessments.
(3) Curriculum and instructional materials.
(4) Tutoring or educational therapies.
(5) Costs associated with homeschooling under section
1327.1 of the Public School Code of 1949.
(6) Online learning programs and cyber charter school
enrollment.
(7) Transportation to and from educational providers.
(8) Educational technology.
§ 1403. Establishment.
The Educational Freedom for Families Program is established
within the department to:
(1) Provide access to education savings accounts for
eligible students.
(2) Increase flexibility for parents in determining
appropriate educational options.
(3) Improve educational outcomes and equity across
school districts.
§ 1404. Funding.
(a) Annual appropriation.--Each fiscal year, money shall be
appropriated from the General Fund to the department in an
amount not less than the average per-pupil State subsidy for
basic education funding, as calculated by the most recent data
published by the department.
(b) Education savings accounts.--
(1) The department shall establish and maintain, in
conjunction with the State Treasurer, a student education
savings account in the State Treasury for each eligible
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student under this chapter.
(2) Money shall be deposited in an account on a
quarterly basis.
(3) The total amount deposited annually in an account
shall reflect the average State per-pupil subsidy and shall
follow the student, rather than the school entity, in which
the student would otherwise be enrolled.
(c) Portability.--Money deposited in an account shall be
portable and may be used for qualified educational expenses,
regardless of the educational provider, subject to department
approval.
(d) Misuse and audit.--Misappropriation or use of funds for
noneducational purposes shall result in suspension or
termination of the account, and may include clawback provisions
and referral to law enforcement, if fraud is determined.
§ 1405. Administration and oversight.
(a) Duties of department.--The department shall:
(1) Establish rules and guidelines for the use of
accounts.
(2) Maintain a list of participating providers and
approved vendors.
(3) Conduct annual audits of account usage.
(4) Ensure compliance with Federal and State
nondiscrimination laws.
(b) Reports.--Parents of an eligible student with an account
shall submit an annual education report, inc