24 Pa. Stat. § 4608

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 4608 - Enforcement of acceptable-use policies
(a) Review of acceptable-use policies.-- The secretary shall review each acceptable-use policy filed by a public library and school entity under this act and each revision thereof. If the secretary determines after review that a policy or revision is not designed to achieve the requirements of section 4 or 5, the secretary shall provide written notice to the school entity or public library explaining the nature of such noncompliance and shall afford the school entity or public library a 30-day period for correcting any failure to comply with this act. The secretary may provide a reasonable extension of time for submission of a revised acceptable-use policy on a showing of good cause.
(b) Revision of policies.--No revision of an acceptable-use policy which has been approved by the secretary under subsection (a) shall be implemented until such revision is approved by the secretary. If the secretary fails to disapprove the revision within 60 days after submission to the secretary, the school entity or public library may proceed with the implementation of the revision of its acceptable-use policy.
(c) Withholding of funding from school entities and public libraries.--The secretary shall withhold a portion of State funding to a school entity or public library if the school entity or public library:
(1) fails to submit an acceptable-use policy within the time prescribed in this act;
(2) submits an acceptable-use policy that is not reasonably designed to achieve the requirements of section 4 or 5; or
(3) is not enforcing or is substantially disregarding its acceptable-use policy.
(d) Appeal.--If the secretary disapproves an acceptable-use policy or any revision thereof under this section or notifies the school entity or public library that it is subject to the withholding of funding pursuant to subsection (c), the aggrieved school entity or public library may appeal the decision to the Commonwealth Court.

24 P.S. § 4608

2004, Nov. 30, P.L. 1556, No. 197, § 8, imd. effective.