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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 476, 1153, 1534,        PRINTER'S NO.  2117
        2115

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 456 Session of 1999


        INTRODUCED BY HARHART, BARLEY, BROWNE, DALLY, ARGALL, BARD,
           BARRAR, BELARDI, BENNINGHOFF, BUNT, CHADWICK, CIVERA,
           L. I. COHEN, M. COHEN, CORNELL, COY, DEMPSEY, EACHUS,
           FICHTER, FLICK, GLADECK, GODSHALL, GORDNER, HARHAI, HASAY,
           HERMAN, HERSHEY, JOSEPHS, KENNEY, MAITLAND, MASLAND, McCALL,
           MICOZZIE, S. MILLER, NAILOR, ORIE, PLATTS, PRESTON, RAMOS,
           READSHAW, ROSS, RUBLEY, SAINATO, SCHULER, SCRIMENTI, SEYFERT,
           B. SMITH, STEELMAN, STEVENSON, E. Z. TAYLOR, J. TAYLOR,
           THOMAS, TIGUE, TRELLO, WILLIAMS, WASHINGTON AND FRANKEL,
           FEBRUARY 9, 1999

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 16, 1999

                                     AN ACT

     1  Establishing the Safe and Secure Schools Program to assist        <--
     2     school districts and area vocational-technical schools in the
     3     purchase of equipment, provision of special services and in
     4     the development of programs to enhance school safety; and
     5     providing for duties of the Department of Education.
     6  AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN  <--
     7     ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
     8     PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
     9     SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
    10     LAWS RELATING THERETO," FURTHER PROVIDING FOR OFFICE FOR SAFE
    11     SCHOOLS, FOR COMMONWEALTH PAYMENTS FOR BASIC EDUCATION         <--
    12     GRANTS, INTERMEDIATE UNITS, COMMUNITY COLLEGES, SECONDARY
    13     VOCATIONAL EDUCATION SUBSIDIES, SMALL DISTRICT ASSISTANCE AND
    14     BASIC EDUCATION AND FOR TRANSPORTATION; AND AUTHORIZING AREA
    15     VOCATIONAL-TECHNICAL BOARDS TO ESTABLISH CAPITAL RESERVE
    16     FUNDS.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19  Section 1.  Short title.                                          <--
    20     This act shall be known and may be cited as the Safe and

     1  Secure Schools Act.
     2  Section 2.  Definitions.
     3     The following words and phrases when used in this act shall
     4  have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     "Department."  The Department of Education of the
     7  Commonwealth.
     8     "Secretary."  The Secretary of Education.
     9  Section 3.  Safe and Secure Schools Program.
    10     The Safe and Secure Schools Program is established and shall
    11  be administered by the department.
    12  Section 4.  Grants.
    13     The department shall make awards to schools under the Safe
    14  and Secure Schools Program. The funds appropriated shall be
    15  allocated by the department as awards to school districts and
    16  area vocational-technical schools for the purpose of assisting
    17  these entities in providing additional technology, personnel or
    18  programs which will make the schools safer and more secure
    19  learning environments.
    20  Section 5.  Use of funds.
    21     Funds appropriated may be used for purposes, including, but
    22  not limited to, the following:
    23         (1)  Purchase of security-related technology which may
    24     include metal detectors, protective lighting, surveillance
    25     equipment, special emergency communications equipment,
    26     electronic locksets and deadbolts and theft control devices.
    27         (2)  Establishment or enhancement of school security
    28     personnel, including K-9 capabilities.
    29         (3)  Development or implementation of comprehensive local
    30     violence response plans.
    19990H0456B2117                  - 2 -

     1         (4)  Provision of specialized staff and student training
     2     programs.
     3         (5)  Purchase of instructional materials for
     4     implementation of safety-related curriculum or programs.
     5         (6)  Institution of student, staff and visitor
     6     identification systems.
     7         (7)  Alternative education programs provided for in
     8     Article XIX-C of the act of March 10, 1949 (P.L.30, No.14),
     9     known as the Public School Code of 1949.
    10         (8)  Targeted grants to school districts pursuant to
    11     section 1302-A(c) of the Public School Code of 1949, relating
    12     to the Office of Safe Schools.
    13         (9)  Development and implementation of conflict
    14     resolution training programs for school employees and
    15     students.
    16         (10)  Development of anticrime counseling and education
    17     programs for students in kindergarten through the eighth
    18     grade.
    19  Section 6.  Distribution of funds.
    20     The secretary shall allocate funds as follows:
    21         (1)  An eligible school entity shall submit to the
    22     secretary for approval a plan outlining the use of funds
    23     appropriated under guidelines to be developed by the
    24     department.
    25         (2)  Each district and area vocational-technical school
    26     shall be required to maintain separate accounts in its budget
    27     to facilitate monitoring the use of these funds.
    28         (3)  The secretary shall develop auditing guidelines to
    29     track expenditures under this section.
    30         (4)  The secretary shall award an amount to each school
    19990H0456B2117                  - 3 -

     1     district or area vocational-technical school, which submits
     2     an approved plan for the use of these funds, an amount
     3     determined by multiplying the number of students in average
     4     daily membership in the district or area vocational-technical
     5     school by the fixed amount per student established annually
     6     on the date the appropriations become effective. All awards
     7     shall be limited to the funds appropriated for this purpose.
     8     Each award shall be made in a single payment and the
     9     secretary shall draw his requisition upon the State Treasurer
    10     in favor of each school district or area vocational-technical
    11     school.
    12         (5)  No more than 10% of the funds appropriated shall be
    13     allocated to an individual school district or area
    14     vocational-technical school.
    15  Section 7.  Final reports.
    16     (a)  School reports.--Each school district or area
    17  vocational-technical school receiving an award under this act
    18  shall report on the use of these funds to the secretary no later
    19  than October 31 following the school year in which the funds are
    20  expended. Reports by school districts or area vocational-
    21  technical schools shall be submitted in a form determined by the
    22  secretary.
    23     (b)  Secretary reports.--The secretary shall file a report on
    24  or before December 31 of each year for the prior school year on
    25  the operation of the Safe and Secure Schools Program established
    26  by this act. The report shall include a listing of the uses of
    27  funds allocated for each qualifying district or area vocational-
    28  technical school. This report shall be filed with the majority
    29  and minority chairs of the Appropriations and Education
    30  Committees of the Senate and the majority and minority chairs of
    19990H0456B2117                  - 4 -

     1  the Appropriation and Education Committees of the House of
     2  Representatives.
     3  Section 8.  Penalties.
     4     A district or area vocational-technical school failing to use
     5  the funds allocated pursuant to this act in the prescribed
     6  manner shall have the amount of aid obtained withheld from its
     7  subsequent State subsidy payments under provisions established
     8  by the secretary.
     9  Section 9.  Effective date.
    10     This act shall take effect July 1, 1999.
    11     SECTION 1.  SECTION 1302-A(C) OF THE ACT OF MARCH 10, 1949     <--
    12  (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED
    13  JUNE 30, 1995 (P.L.220, NO.26), IS AMENDED TO READ:
    14     SECTION 1.  SECTIONS 917.1-A(H) AND 919.1-A(E) OF THE ACT OF   <--
    15  MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
    16  OF 1949, ADDED APRIL 27, 1998 (P.L.270, NO.46), ARE AMENDED TO
    17  READ:
    18     SECTION 917.1-A.  COMMONWEALTH PAYMENTS.--* * *
    19     (H)  FOR THE 1998-1999 SCHOOL YEAR, AND EACH SCHOOL YEAR
    20  THEREAFTER, EACH INTERMEDIATE UNIT SHALL RECEIVE A PROPORTIONATE
    21  SHARE OF THE AMOUNT AVAILABLE UNDER SUBSECTION (A) MINUS THE
    22  PAYMENTS MADE UNDER SECTION 919.1-A(E) BASED ON THE AMOUNT
    23  RECEIVED BY THE INTERMEDIATE UNIT UNDER SUBSECTION (G) FOR THE
    24  1997-1998 SCHOOL YEAR. [DURING] BEGINNING WITH THE 1998-1999
    25  SCHOOL YEAR, HOWEVER, NO INTERMEDIATE UNIT SHALL RECEIVE LESS
    26  PAYMENT UNDER THIS SUBSECTION THAN THE AMOUNT OF THE PAYMENTS
    27  THE INTERMEDIATE UNIT RECEIVED UNDER SUBSECTION (G) DURING THE
    28  1997-1998 SCHOOL YEAR.
    29     SECTION 919.1-A.  CAPITAL SUBSIDY.--* * *
    30     (E)  NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE
    19990H0456B2117                  - 5 -

     1  CONTRARY, FOR THE 1998-1999 SCHOOL YEAR, AND EACH SCHOOL YEAR
     2  THEREAFTER, EACH INTERMEDIATE UNIT SHALL RECEIVE THE ACTUAL
     3  PAYMENT FOR CAPITAL SUBSIDY WHICH IT RECEIVED UNDER THIS SECTION
     4  AND SECTION [2502.6(B)] 2502.6 DURING THE 1997-1998 SCHOOL YEAR.
     5     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     6     SECTION 1215.  LOCALLY ISSUED TEMPORARY CERTIFICATION FOR
     7  SUBSTITUTE TEACHERS.--A TEMPORARY SUBSTITUTE TEACHER CERTIFICATE
     8  MAY BE ISSUED BY A PUBLIC SCHOOL ENTITY TO AN INDIVIDUAL WHO
     9  PRESENTS A LETTER FROM A COLLEGE OR UNIVERSITY VERIFYING THAT
    10  THE INDIVIDUAL HAS COMPLETED AN APPROVED TEACHER PREPARATION
    11  PROGRAM, HAS SUCCESSFULLY COMPLETED THE CERTIFICATION TESTING
    12  REQUIREMENTS AND HAS COMPLETED ALL REQUIREMENTS FOR THE AWARDING
    13  OF A BACHELOR'S DEGREE ON A DATE CERTAIN. THE TEMPORARY
    14  SUBSTITUTE TEACHER CERTIFICATE SHALL ONLY BE USED FOR DAY-TO-DAY
    15  ASSIGNMENTS AND SHALL EXPIRE UPON THE TERMINATION OF ANY SUMMER
    16  SCHOOL CONDUCTED IN THE SUMMER WHICH FOLLOWS THE DATE OF
    17  ISSUANCE OR UPON THE RECEIPT OF INSTRUCTIONAL I CERTIFICATION BY
    18  THE INDIVIDUAL.
    19     SECTION 3.  SECTION 1302-A(C) OF THE ACT, ADDED JUNE 30, 1995
    20  (P.L.220, NO.26), IS AMENDED TO READ:
    21     SECTION 1302-A.  OFFICE FOR SAFE SCHOOLS.--* * *
    22     (C)  IN ADDITION TO THE POWERS AND DUTIES SET FORTH UNDER
    23  SUBSECTION (A), THE OFFICE IS AUTHORIZED TO MAKE TARGETED GRANTS
    24  TO SCHOOLS TO FUND PROGRAMS WHICH ADDRESS SCHOOL VIOLENCE,
    25  INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROGRAMS:
    26     (1)  CONFLICT RESOLUTION OR DISPUTE MANAGEMENT.
    27     (2)  PEER HELPERS PROGRAMS.
    28     (3)  RISK ASSESSMENT, SAFETY-RELATED OR VIOLENCE PREVENTION
    29  CURRICULA.
    30     (4)  CLASSROOM MANAGEMENT.
    19990H0456B2117                  - 6 -

     1     (5)  STUDENT CODES OF CONDUCT.
     2     (6)  TRAINING TO UNDERTAKE A DISTRICTWIDE ASSESSMENT OF RISK
     3  FACTORS THAT INCREASE THE LIKELIHOOD OF PROBLEM BEHAVIORS AMONG
     4  STUDENTS.
     5     (7)  DEVELOPMENT AND IMPLEMENTATION OF RESEARCH-BASED
     6  VIOLENCE PREVENTION PROGRAMS THAT ADDRESS RISK FACTORS TO REDUCE
     7  INCIDENTS OF PROBLEM BEHAVIORS AMONG STUDENTS.
     8     (8)  COMPREHENSIVE, DISTRICTWIDE SCHOOL SAFETY AND VIOLENCE
     9  PREVENTION PLANS.
    10     (9)  SECURITY PLANNING, PURCHASE OF SECURITY-RELATED
    11  TECHNOLOGY WHICH MAY INCLUDE METAL DETECTORS, PROTECTIVE
    12  LIGHTING, SURVEILLANCE EQUIPMENT, SPECIAL EMERGENCY
    13  COMMUNICATIONS EQUIPMENT, ELECTRONIC LOCKSETS, DEADBOLTS AND
    14  THEFT CONTROL DEVICES AND TRAINING IN THE USE OF SECURITY-
    15  RELATED TECHNOLOGY. SECURITY PLANNING AND PURCHASE OF SECURITY-
    16  RELATED TECHNOLOGY SHALL BE BASED ON SAFETY NEEDS IDENTIFIED BY
    17  THE SCHOOL ENTITY'S BOARD OF DIRECTORS.
    18     (10)  INSTITUTION OF STUDENT, STAFF AND VISITOR
    19  IDENTIFICATION SYSTEMS.
    20     (11)  ESTABLISHMENT OR ENHANCEMENT OF SCHOOL SECURITY
    21  PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS.
    22     (12)  PROVISION OF SPECIALIZED STAFF AND STUDENT TRAINING
    23  PROGRAMS, INCLUDING TRAINING FOR STUDENT ASSISTANCE PROGRAM TEAM
    24  MEMBERS IN ELEMENTARY, MIDDLE AND HIGH SCHOOLS IN THE REFERRAL
    25  OF STUDENTS AT RISK OF VIOLENT BEHAVIOR TO APPROPRIATE
    26  COMMUNITY-BASED SERVICES, INCLUDING MENTAL HEALTH SERVICES.
    27     (13)  ALTERNATIVE EDUCATION PROGRAMS PROVIDED FOR IN ARTICLE
    28  XIX-C.
    29     (14)  COUNSELING SERVICES FOR STUDENTS ENROLLED IN
    30  ALTERNATIVE EDUCATION PROGRAMS.
    19990H0456B2117                  - 7 -

     1     * * *
     2     SECTION 4.  SECTION 1372 OF THE ACT IS AMENDED BY ADDING A     <--
     3  CLAUSE TO READ:
     4     SECTION 1372.  EXCEPTIONAL CHILDREN; EDUCATION AND
     5  TRAINING.--* * *
     6     (7)  REPORTING OF EXCEPTIONAL STUDENTS:
     7     (I)  THE DEPARTMENT SHALL REVIEW EACH SCHOOL DISTRICT'S
     8  INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED STUDENTS AS
     9  CALCULATED UNDER SECTION 2509.5(Z). WHEN THE INCIDENCE RATE IS
    10  THIRTY (30) PER CENTUM ABOVE OR BELOW THE STATEWIDE AVERAGE
    11  INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED STUDENTS, THE
    12  DEPARTMENT SHALL PREPARE AN ANALYSIS OF THE PROCESS USED BY THE
    13  SCHOOL DISTRICT TO IDENTIFY AND PLACE MILDLY AND SEVERELY
    14  DISABLED STUDENTS.
    15     (II)  THE DEPARTMENT SHALL SUBMIT A WRITTEN REPORT TO THE
    16  SCHOOL DISTRICT OF THE DEPARTMENT'S FINDINGS RELATING TO THE
    17  PROCESS USED BY THE SCHOOL DISTRICT TO DETERMINE ITS INCIDENCE
    18  RATE OF MILDLY AND SEVERELY DISABLED STUDENTS UNDER SUBCLAUSE
    19  (I). THE REPORT MAY INCLUDE RECOMMENDATIONS REGARDING THE
    20  PROCESS USED TO IDENTIFY MILDLY AND SEVERELY DISABLED STUDENTS.
    21     (III)  FOLLOWING RECEIPT OF THE REPORT UNDER SUBCLAUSE (II),
    22  THE SCHOOL DISTRICT SHALL SUBMIT A WRITTEN RESPONSE TO THE
    23  DEPARTMENT DESCRIBING THE BASIS FOR THE DEVIATION FROM THE
    24  STATEWIDE AVERAGE INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED
    25  STUDENTS.
    26     (IV)  THE DEPARTMENT MAY CONDUCT SITE VISITS AND REVIEW
    27  SCHOOL DISTRICT RECORDS RELATING TO THE PROCESS USED TO IDENTIFY
    28  AND PLACE MILDLY AND SEVERELY DISABLED STUDENTS UNDER THIS
    29  CLAUSE.
    30     (V)  THE DEPARTMENT SHALL SUBMIT A REPORT TO THE MAJORITY AND
    19990H0456B2117                  - 8 -

     1  MINORITY CHAIRMAN OF THE EDUCATION AND APPROPRIATIONS COMMITTEES
     2  OF THE SENATE AND THE MAJORITY AND MINORITY CHAIRMAN OF THE
     3  EDUCATION AND APPROPRIATIONS COMMITTEES OF THE HOUSE OF
     4  REPRESENTATIVES REGARDING THE PROCESS USED BY SCHOOL DISTRICTS
     5  TO IDENTIFY AND PLACE MILDLY AND SEVERELY DISABLED STUDENTS. THE
     6  REPORT SHALL BE SUBMITTED ANNUALLY AT THE SAME TIME AS THE
     7  SUBMISSION OF THE GOVERNOR'S BUDGET TO THE GENERAL ASSEMBLY.
     8     SECTION 5.  SECTION 1503-A(C) OF THE ACT, AMENDED APRIL 27,
     9  1998 (P.L.270, NO.46), IS AMENDED TO READ:
    10     SECTION 1503-A.  BASIC EDUCATION GRANTS.--* * *
    11     (C)  (1)  GRANTS SHALL BE ALLOCATED THROUGH A GRANT REVIEW
    12  PROCESS ESTABLISHED BY THE SECRETARY OF EDUCATION.
    13     (2)  THE SECRETARY [SHALL] MAY ESTABLISH MATCHING
    14  REQUIREMENTS FOR GRANT RECIPIENTS [WITH A MARKET VALUE/INCOME
    15  AID RATIO, AS DEFINED IN SECTION 2501 OF THIS ACT, WHICH IS LESS
    16  THAN .4000]. GRANT RECIPIENTS WITH A MARKET VALUE/INCOME AID
    17  RATIO WHICH IS EQUAL TO OR GREATER THAN .7000 SHALL BE ELIGIBLE
    18  FOR LARGER GRANT AWARDS AS DETERMINED BY THE SECRETARY. A SCHOOL
    19  DISTRICT OF THE FIRST CLASS SHALL BE ELIGIBLE FOR A GRANT AWARD
    20  WHICH SHALL NOT EXCEED THREE MILLION DOLLARS ($3,000,000), AND A
    21  SCHOOL DISTRICT OF THE FIRST CLASS A SHALL BE ELIGIBLE FOR A
    22  GRANT AWARD WHICH SHALL NOT EXCEED SIX HUNDRED THOUSAND DOLLARS
    23  ($600,000), UNLESS THE GRANT AWARDS ARE INCLUDED WITHIN A
    24  PARTNERSHIP.
    25     [(2.1)  FOR THE 1997-1998 AND 1998-1999 SCHOOL YEARS, A
    26  SCHOOL DISTRICT SHALL BE ELIGIBLE FOR A GRANT IN THE SAME AMOUNT
    27  AS A SCHOOL DISTRICT WAS ELIGIBLE TO RECEIVE FOR THE 1996-1997
    28  SCHOOL YEAR AS PROVIDED IN CLAUSE (2).
    29     (2.2)  FOR THE 1997-1998 AND 1998-1999 SCHOOL YEARS, AN AREA
    30  VOCATIONAL-TECHNICAL SCHOOL SHALL BE ELIGIBLE TO RECEIVE FROM
    19990H0456B2117                  - 9 -

     1  THE AMOUNT OF THREE MILLION DOLLARS ($3,000,000) APPROPRIATED
     2  FOR THE PURPOSES OF THIS CLAUSE A GRANT IN THE SAME AMOUNT AS
     3  THE AREA VOCATIONAL-TECHNICAL SCHOOL WAS ELIGIBLE TO RECEIVE FOR
     4  THE 1997-1998 SCHOOL YEAR.]
     5     (3)  THE APPLICATION FOR A GRANT SHALL BE MADE AT SUCH TIME
     6  AND IN SUCH FORM AS THE SECRETARY OF EDUCATION MAY REQUIRE.
     7     (4)  [IN ORDER TO RECEIVE FUNDS, A] A SCHOOL DISTRICT OR AREA
     8  VOCATIONAL-TECHNICAL SCHOOL [MUST] MAY COLLABORATE OR FORM A
     9  PARTNERSHIP WITH ONE OR MORE OF THE FOLLOWING: A POLITICAL
    10  SUBDIVISION, A SCHOOL DISTRICT, AN AREA VOCATIONAL-TECHNICAL
    11  SCHOOL, AN INTERMEDIATE UNIT, A NONPUBLIC SCHOOL, A LOCAL
    12  LIBRARY, AN INDEPENDENT INSTITUTION OF HIGHER EDUCATION, A
    13  STATE-OWNED INSTITUTION, A STATE-RELATED INSTITUTION, A
    14  COMMUNITY EDUCATION COUNCIL OR ANY OTHER ENTITY APPROVED BY THE
    15  DEPARTMENT OF EDUCATION. [EXCEPTIONS TO THIS REQUIREMENT MAY BE
    16  REQUESTED IN THE APPLICATION WHERE THE APPLICANT SCHOOL DISTRICT
    17  OR AREA VOCATIONAL-TECHNICAL SCHOOL JUSTIFIES WHY IT IS BETTER
    18  FOR THE APPLICANT TO APPLY AS A SEPARATE ENTITY.]
    19     SECTION 6.  THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
    20                           ARTICLE XV-B.
    21                      READ TO SUCCEED PROGRAM.
    22     SECTION 1501-B.  ESTABLISHMENT OF PROGRAM.--THERE IS HEREBY
    23  ESTABLISHED IN THE DEPARTMENT OF EDUCATION THE READ TO SUCCEED
    24  PROGRAM. THE PROGRAM SHALL PROVIDE COMPETITIVE GRANTS TO SCHOOL
    25  DISTRICTS AND CHARTER SCHOOLS TO BUILD STRONG READING SKILLS IN
    26  PENNSYLVANIA STUDENTS. THE PROGRAM SHALL EMPHASIZE STUDENTS WITH
    27  THE GREATEST NEED FOR INTENSIVE READING INSTRUCTION AND SCHOOL
    28  PROGRAMS THAT WILL ENABLE STUDENTS TO LEARN TO READ BY THE END
    29  OF THE THIRD GRADE.
    30     SECTION 1502-B.  ELIGIBILITY REQUIREMENTS.--(A)  THE
    19990H0456B2117                 - 10 -

     1  DEPARTMENT OF EDUCATION SHALL ESTABLISH ELIGIBILITY CRITERIA TO
     2  BE USED TO SELECT SCHOOLS AND STUDENTS IN KINDERGARTEN THROUGH
     3  THIRD GRADE TO PARTICIPATE IN THE READ TO SUCCEED PROGRAM.
     4     (B)  THE SECRETARY SHALL ESTABLISH MATCHING REQUIREMENTS FOR
     5  GRANT RECIPIENTS.
     6     SECTION 1503-B.  PROGRAM REQUIREMENTS.--SCHOOL DISTRICTS AND
     7  CHARTER SCHOOLS SHALL APPLY FOR GRANTS AS PRESCRIBED BY THE
     8  DEPARTMENT OF EDUCATION. THE APPLICATION WILL CONTAIN THE
     9  FOLLOWING:
    10     (1)  IDENTIFICATION OF STUDENTS WITH THE GREATEST NEED.
    11     (2)  METHODS OF ONGOING ASSESSMENT.
    12     (3)  READING INSTRUCTION BASED ON CURRENT READING RESEARCH.
    13     (4)  INTEGRATION WITH THE READING INSTRUCTION PROGRAMS AND
    14  ACTIVITIES OF THE SCHOOL DISTRICT.
    15     (5)  PROFESSIONAL DEVELOPMENT PLAN.
    16     (6)  OPPORTUNITIES FOR EXTENDED LEARNING TIME.
    17     (7)  COORDINATION WITH COMMUNITY-BASED READING ACTIVITIES,
    18  INCLUDING FAMILY LITERACY PROGRAMS.
    19     (8)  STAFF AND PROGRAM FACILITIES.
    20     (9)  A MULTIYEAR PLAN THAT SHOWS HOW THE SCHOOL DISTRICT OR
    21  CHARTER SCHOOL WILL ASSUME FULL FINANCIAL AND PROGRAMMATIC
    22  RESPONSIBILITY FOR THE READ TO SUCCEED PROGRAM AT THE CONCLUSION
    23  OF THE GRANT PERIOD.
    24     (10)  THE ESTIMATED BUDGET FOR EACH SPECIFIC PROGRAM
    25  ACTIVITY.
    26     SECTION 1504-B.  TECHNICAL ASSISTANCE AND MONITORING.--THE
    27  DEPARTMENT OF EDUCATION SHALL PROVIDE TECHNICAL ASSISTANCE AND
    28  ESTABLISH METHODS TO ENSURE THE QUALITY OF THE PROGRAM RECEIVING
    29  A GRANT, INCLUDING PROGRAM MONITORING AND ONSITE VISITATION.
    30     SECTION 1505-B.  REPORTS.--(A)  A SCHOOL DISTRICT OR CHARTER
    19990H0456B2117                 - 11 -

     1  SCHOOL PARTICIPATING IN THE READ TO SUCCEED PROGRAM SHALL
     2  PROVIDE PROGRAM AND FISCAL REPORTS AS REQUIRED BY THE DEPARTMENT
     3  OF EDUCATION.
     4     (B)  BEGINNING IN THE YEAR 2000, THE DEPARTMENT SHALL SUBMIT
     5  A REPORT BY DECEMBER 31 OF EACH YEAR TO THE MAJORITY AND
     6  MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE AND
     7  THE MAJORITY AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF
     8  THE HOUSE OF REPRESENTATIVES.
     9     SECTION 7.  SECTIONS 1703-A, 1723-A AND 1726-A OF THE ACT,
    10  ADDED JUNE 19, 1997 (P.L.225, NO.22), ARE AMENDED TO READ:
    11     SECTION 1703-A.  DEFINITIONS.--AS USED IN THIS ARTICLE,
    12     "APPEAL BOARD" SHALL MEAN THE STATE CHARTER SCHOOL APPEAL
    13  BOARD ESTABLISHED BY THIS ARTICLE.
    14     "AT-RISK STUDENT" SHALL MEAN A STUDENT AT RISK OF EDUCATIONAL
    15  FAILURE BECAUSE OF LIMITED ENGLISH PROFICIENCY, POVERTY,
    16  COMMUNITY FACTORS, TRUANCY, ACADEMIC DIFFICULTIES OR ECONOMIC
    17  DISADVANTAGE.
    18     "CHARTER SCHOOL" SHALL MEAN AN INDEPENDENT PUBLIC SCHOOL
    19  ESTABLISHED AND OPERATED UNDER A CHARTER FROM THE LOCAL BOARD OF
    20  SCHOOL DIRECTORS AND IN WHICH STUDENTS ARE ENROLLED OR ATTEND. A
    21  CHARTER SCHOOL MUST BE ORGANIZED AS A PUBLIC, NONPROFIT
    22  CORPORATION. CHARTERS MAY NOT BE GRANTED TO ANY FOR-PROFIT
    23  ENTITY.
    24     "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE
    25  COMMONWEALTH.
    26     "LOCAL BOARD OF SCHOOL DIRECTORS" SHALL MEAN THE BOARD OF
    27  DIRECTORS OF A SCHOOL DISTRICT IN WHICH A PROPOSED OR AN
    28  APPROVED CHARTER SCHOOL IS LOCATED.
    29     "REGIONAL CHARTER SCHOOL" SHALL MEAN AN INDEPENDENT PUBLIC
    30  SCHOOL ESTABLISHED AND OPERATED UNDER A CHARTER FROM MORE THAN
    19990H0456B2117                 - 12 -

     1  ONE LOCAL BOARD OF SCHOOL DIRECTORS AND IN WHICH STUDENTS ARE
     2  ENROLLED OR ATTEND. A REGIONAL CHARTER SCHOOL MUST BE ORGANIZED
     3  AS A PUBLIC, NONPROFIT CORPORATION. CHARTERS MAY NOT BE GRANTED
     4  TO ANY FOR-PROFIT ENTITY.
     5     "SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, INTERMEDIATE
     6  UNIT, JOINT SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.
     7     "SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION OF THE
     8  COMMONWEALTH.
     9     "STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION OF THE
    10  COMMONWEALTH.
    11     SECTION 1723-A.  ENROLLMENT.--(A)  ALL RESIDENT CHILDREN IN
    12  THIS COMMONWEALTH QUALIFY FOR ADMISSION TO A CHARTER SCHOOL
    13  WITHIN THE PROVISIONS OF SUBSECTION (B). IF MORE STUDENTS APPLY
    14  TO THE CHARTER SCHOOL THAN THE NUMBER OF ATTENDANCE SLOTS
    15  AVAILABLE IN THE SCHOOL, THEN STUDENTS MUST BE SELECTED ON A
    16  RANDOM BASIS FROM A POOL OF QUALIFIED APPLICANTS MEETING THE
    17  ESTABLISHED ELIGIBILITY CRITERIA AND SUBMITTING AN APPLICATION
    18  BY THE DEADLINE ESTABLISHED BY THE CHARTER SCHOOL, EXCEPT THAT
    19  THE CHARTER SCHOOL MAY GIVE PREFERENCE IN ENROLLMENT TO A CHILD
    20  OF A PARENT WHO HAS ACTIVELY PARTICIPATED IN THE DEVELOPMENT OF
    21  THE CHARTER SCHOOL AND TO SIBLINGS OF STUDENTS PRESENTLY
    22  ENROLLED IN THE CHARTER SCHOOL. FIRST PREFERENCE SHALL BE GIVEN
    23  TO STUDENTS WHO RESIDE IN THE DISTRICT OR DISTRICTS.
    24     (B)  (1)  A CHARTER SCHOOL SHALL NOT DISCRIMINATE IN ITS
    25  ADMISSION POLICIES OR PRACTICES ON THE BASIS OF INTELLECTUAL
    26  ABILITY, EXCEPT AS PROVIDED IN PARAGRAPH (2), OR ATHLETIC
    27  ABILITY, MEASURES OF ACHIEVEMENT OR APTITUDE, STATUS AS A PERSON
    28  WITH A DISABILITY, PROFICIENCY IN THE ENGLISH LANGUAGE OR ANY
    29  OTHER BASIS THAT WOULD BE ILLEGAL IF USED BY A SCHOOL DISTRICT.
    30     (2)  A CHARTER SCHOOL MAY LIMIT ADMISSION TO A PARTICULAR
    19990H0456B2117                 - 13 -

     1  GRADE LEVEL, A TARGETED POPULATION GROUP COMPOSED OF AT-RISK
     2  STUDENTS, OR AREAS OF CONCENTRATION OF THE SCHOOL SUCH AS
     3  MATHEMATICS, SCIENCE OR THE ARTS. A CHARTER SCHOOL MAY ESTABLISH
     4  REASONABLE CRITERIA TO EVALUATE PROSPECTIVE STUDENTS WHICH SHALL
     5  BE OUTLINED IN THE SCHOOL'S CHARTER.
     6     (C)  IF AVAILABLE CLASSROOM SPACE PERMITS, A CHARTER SCHOOL
     7  MAY ENROLL NONRESIDENT STUDENTS ON A SPACE-AVAILABLE BASIS, AND
     8  THE STUDENT'S DISTRICT OF RESIDENCE SHALL PERMIT THE STUDENT TO
     9  ATTEND THE CHARTER SCHOOL.
    10     SECTION 1726-A.  TRANSPORTATION.--(A)  STUDENTS WHO RESIDE IN
    11  THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR
    12  WHO ARE RESIDENTS OF A SCHOOL DISTRICT WHICH IS PART OF A
    13  REGIONAL CHARTER SCHOOL SHALL BE PROVIDED TRANSPORTATION TO THE
    14  CHARTER SCHOOL ON THE SAME TERMS AND CONDITIONS AS
    15  TRANSPORTATION IS PROVIDED TO STUDENTS ATTENDING THE SCHOOLS OF
    16  THE DISTRICT. SCHOOL DISTRICTS OF THE FIRST CLASS SHALL ALSO
    17  PROVIDE TRANSPORTATION TO THE STUDENTS IF THEY ARE THE SAME AGE
    18  OR ARE ENROLLED IN THE SAME GRADE, GRADES OR THEIR GRADE
    19  EQUIVALENTS, AS ANY STUDENTS OF THE DISTRICT FOR WHOM
    20  TRANSPORTATION IS PROVIDED UNDER ANY PROGRAM OR POLICY TO THE
    21  SCHOOLS OF THE DISTRICT. NONRESIDENT STUDENTS SHALL BE PROVIDED
    22  TRANSPORTATION UNDER SECTION 1361. DISTRICTS PROVIDING
    23  TRANSPORTATION TO A CHARTER SCHOOL OUTSIDE THE DISTRICT SHALL BE
    24  ELIGIBLE FOR PAYMENTS UNDER SECTION 2509.3 FOR EACH PUBLIC
    25  SCHOOL STUDENT TRANSPORTED.
    26     (B)  IN THE EVENT THAT THE SECRETARY OF EDUCATION DETERMINES
    27  THAT A SCHOOL DISTRICT OF THE FIRST CLASS IS NOT PROVIDING THE
    28  REQUIRED TRANSPORTATION TO STUDENTS TO THE CHARTER SCHOOL, THE
    29  DEPARTMENT OF EDUCATION SHALL PAY DIRECTLY TO THE CHARTER SCHOOL
    30  FUNDS FOR COSTS INCURRED IN THE TRANSPORTATION OF ITS STUDENTS.
    19990H0456B2117                 - 14 -

     1  PAYMENTS TO A CHARTER SCHOOL SHALL BE DETERMINED IN THE
     2  FOLLOWING MANNER: FOR EACH ELIGIBLE STUDENT TRANSPORTED, THE
     3  CHARTER SCHOOL SHALL RECEIVE A PAYMENT EQUAL TO THE TOTAL
     4  EXPENDITURES FOR TRANSPORTATION OF THE SCHOOL DISTRICT DIVIDED
     5  BY THE TOTAL NUMBER OF SCHOOL STUDENTS TRANSPORTED BY THE SCHOOL
     6  DISTRICT UNDER ANY PROGRAM OR POLICY.
     7     (C)  THE DEPARTMENT SHALL DEDUCT THE AMOUNT PAID TO THE
     8  CHARTER SCHOOL UNDER SUBSECTION (B) FROM ANY AND ALL PAYMENTS
     9  MADE TO THE DISTRICT.
    10     (D)  A SCHOOL DISTRICT OF THE FIRST CLASS SHALL SUBMIT A COPY
    11  OF ITS CURRENT TRANSPORTATION POLICY TO THE DEPARTMENT NO LATER
    12  THAN AUGUST 1 OF EACH YEAR.
    13     SECTION 8.  SECTION 1913-A(B)(1.4) OF THE ACT, AMENDED JUNE
    14  25, 1997 (P.L.297, NO.30) AND APRIL 27, 1998 (P.L.270, NO.46),
    15  IS AMENDED TO READ:
    16     SECTION 1913-A.  FINANCIAL PROGRAM; REIMBURSEMENT OR
    17  PAYMENTS.--* * *
    18     (B)  * * *
    19     (1.4)  THE EQUIVALENT FULL-TIME STUDENT REIMBURSEMENT OF A
    20  COMMUNITY COLLEGE SHALL BE THE SUM OF CREDIT COURSE, NONCREDIT
    21  COURSE AND STIPEND REIMBURSEMENTS. THESE REIMBURSEMENTS SHALL BE
    22  CALCULATED USING A REIMBURSEMENT FACTOR OF ONE THOUSAND AND
    23  FORTY DOLLARS ($1,040) FOR THE 1993-1994 FISCAL YEAR, OF ONE
    24  THOUSAND EIGHTY DOLLARS ($1,080) FOR THE 1994-1995 FISCAL YEAR
    25  AND OF ONE THOUSAND ONE HUNDRED EIGHTY DOLLARS ($1,180) FOR THE
    26  1995-1996 FISCAL YEAR AND ONE THOUSAND AND TWO HUNDRED AND TEN
    27  DOLLARS ($1,210) FOR THE 1996-1997 FISCAL YEAR AND ONE THOUSAND
    28  TWO HUNDRED SIXTY DOLLARS ($1,260) FOR THE 1997-1998 FISCAL YEAR
    29  AND THE 1998-1999 FISCAL YEAR AND ONE THOUSAND THREE HUNDRED
    30  DOLLARS ($1,300) FOR THE 1999-2000 FISCAL YEAR AND FOR EACH YEAR
    19990H0456B2117                 - 15 -

     1  THEREAFTER AND SHALL BE DETERMINED AS FOLLOWS:
     2     (I)  CREDIT COURSE REIMBURSEMENT SHALL BE CALCULATED BY
     3  MULTIPLYING THE REIMBURSEMENT FACTOR BY THE NUMBER OF EQUIVALENT
     4  FULL-TIME STUDENTS ENROLLED IN CREDIT COURSES AS DETERMINED BY
     5  AN AUDIT TO BE MADE IN A MANNER PRESCRIBED BY THE STATE BOARD OF
     6  EDUCATION.
     7     (II)  NONCREDIT COURSE REIMBURSEMENT SHALL BE CALCULATED AS
     8  FOLLOWS:
     9     (A)  EIGHTY PERCENT (80%) OF THE REIMBURSEMENT FACTOR
    10  MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
    11  ENROLLED IN ELIGIBLE NONCREDIT COURSES FOR THE 1993-1994 FISCAL
    12  YEAR, AS DETERMINED BY THE AUDIT REFERRED TO IN PARAGRAPH (I);
    13     (B)  SEVENTY PERCENT (70%) OF THE REIMBURSEMENT FACTOR
    14  MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
    15  ENROLLED IN ELIGIBLE NONCREDIT COURSES FOR THE 1994-1995 FISCAL
    16  YEAR AND FOR EACH YEAR THEREAFTER, AS DETERMINED BY THE AUDIT
    17  REFERRED TO IN PARAGRAPH (I); OR
    18     (C)  ONE HUNDRED PERCENT (100%) OF THE REIMBURSEMENT FACTOR
    19  MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
    20  ENROLLED IN ELIGIBLE NONCREDIT PUBLIC SAFETY COURSES THAT
    21  PROVIDE TRAINING FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY
    22  MEDICAL SERVICES FOR THE 1995-1996 FISCAL YEAR AND FOR EACH YEAR
    23  THEREAFTER, AS DETERMINED BY THE AUDIT REFERRED TO IN PARAGRAPH
    24  (I).
    25     (III)  STIPEND REIMBURSEMENT ON ACCOUNT OF A COMMUNITY
    26  COLLEGE'S OPERATING COSTS FOR ALL EQUIVALENT FULL-TIME STUDENTS
    27  ENROLLED IN THE FOLLOWING CATEGORIES OF TWO-YEAR OR LESS THAN
    28  TWO-YEAR OCCUPATIONAL OR TECHNICAL PROGRAMS, SHALL BE THE SUM OF
    29  THE FOLLOWING:
    30     (A)  ONE THOUSAND ONE HUNDRED DOLLARS ($1,100) PER FULL-TIME
    19990H0456B2117                 - 16 -

     1  EQUIVALENT STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. FOR
     2  THE FISCAL YEAR 1995-1996, 1996-1997 AND 1997-1998, THE
     3  REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND ONE
     4  HUNDRED SEVENTY-FIVE DOLLARS ($1,175) PER FULL-TIME EQUIVALENT
     5  STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. FOR THE FISCAL
     6  YEAR 1998-1999 AND EACH YEAR THEREAFTER, THE REIMBURSEMENT RATE
     7  SHALL BE CALCULATED AT ONE THOUSAND FOUR HUNDRED SIXTY DOLLARS
     8  ($1,460) PER FULL-TIME EQUIVALENT STUDENT ENROLLED IN ADVANCED
     9  TECHNOLOGY PROGRAMS. ADVANCED TECHNOLOGY PROGRAMS ARE PROGRAMS
    10  USING NEW OR ADVANCED TECHNOLOGIES WHICH HOLD PROMISE FOR
    11  CREATING NEW JOB OPPORTUNITIES, INCLUDING SUCH FIELDS AS
    12  ROBOTICS, BIOTECHNOLOGY, SPECIALIZED MATERIALS AND ENGINEERING
    13  AND ENGINEERING-RELATED PROGRAMS.
    14     (B)  ONE THOUSAND DOLLARS ($1,000) PER FULL-TIME EQUIVALENT
    15  STUDENT ENROLLED IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS.
    16  FOR THE FISCAL YEAR 1995-1996, 1996-1997 AND 1997-1998, THE
    17  REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND SEVENTY-
    18  FIVE DOLLARS ($1,075) PER FULL-TIME EQUIVALENT STUDENT ENROLLED
    19  IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS. FOR THE FISCAL
    20  YEAR 1998-1999 AND EACH YEAR THEREAFTER, THE REIMBURSEMENT RATE
    21  SHALL BE CALCULATED AT ONE THOUSAND THREE HUNDRED SIXTY DOLLARS
    22  ($1,360) PER FULL-TIME EQUIVALENT STUDENT ENROLLED IN PROGRAMS
    23  DESIGNATED AS STATEWIDE PROGRAMS. A STATEWIDE PROGRAM IS A
    24  PROGRAM WHICH MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:
    25     (I)  PROGRAM ENROLLMENT FROM OUT-OF-SPONSOR AREA IS TWENTY
    26  PER CENT OR MORE OF THE ENROLLMENT FOR THE PROGRAM.
    27     (II)  A CONSORTIAL ARRANGEMENT EXISTS WITH ANOTHER COMMUNITY
    28  COLLEGE TO COOPERATIVELY OPERATE A PROGRAM OR SHARE REGIONS IN
    29  ORDER TO AVOID UNNECESSARY PROGRAM DUPLICATION.
    30     (C)  FIVE HUNDRED DOLLARS ($500) PER FULL-TIME EQUIVALENT
    19990H0456B2117                 - 17 -

     1  STUDENT ENROLLED IN OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
     2  FOR THE FISCAL YEAR 1995-1996, 1996-1997 AND 1997-1998, THE
     3  REIMBURSEMENT RATE SHALL BE CALCULATED AT FIVE HUNDRED SEVENTY-
     4  FIVE DOLLARS ($575) PER FULL-TIME EQUIVALENT STUDENT ENROLLED IN
     5  OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS. FOR THE FISCAL YEAR
     6  1998-1999 AND EACH YEAR THEREAFTER, THE REIMBURSEMENT RATE SHALL
     7  BE CALCULATED AT EIGHT HUNDRED SIXTY DOLLARS ($860) PER FULL-
     8  TIME EQUIVALENT STUDENT ENROLLED IN OTHER OCCUPATIONAL OR
     9  TECHNICAL PROGRAMS.
    10     * * *
    11     SECTION 9.  SECTION 2502.8 OF THE ACT IS AMENDED BY ADDING A
    12  SUBSECTION TO READ:
    13     SECTION 2502.8.  PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN
    14  VOCATIONAL CURRICULUMS.--* * *
    15     (C)  FOR THE SCHOOL YEAR 1998-1999 AND EACH SCHOOL YEAR
    16  THEREAFTER, ANY ADDITIONAL FUNDING PROVIDED BY THE COMMONWEALTH
    17  OVER THE AMOUNT PROVIDED FOR THE SCHOOL YEAR 1997-1998 WILL BE
    18  DISTRIBUTED TO AREA VOCATIONAL-TECHNICAL SCHOOLS AND TO SCHOOL
    19  DISTRICTS WITH EIGHT (8) OR MORE VOCATIONAL PROGRAMS BASED ON
    20  SUBSECTION (B).
    21     SECTION 10.  SECTIONS 2502.13 AND 2502.30 OF THE ACT, AMENDED
    22  APRIL 27, 1998 (P.L.270, NO.46), ARE AMENDED TO READ:
    23     SECTION 2502.13.  SMALL DISTRICT ASSISTANCE.--FOR THE 1984-
    24  1985 AND 1985-1986 SCHOOL YEARS, THE COMMONWEALTH SHALL PAY TO
    25  EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
    26  ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET
    27  VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
    28  OR GREATER, AN AMOUNT EQUAL TO FIFTY DOLLARS ($50) MULTIPLIED BY
    29  THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE 1985-1986
    30  SCHOOL YEAR, NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF
    19990H0456B2117                 - 18 -

     1  THIS SECTION THAN IT DID FOR THE 1984-1985 SCHOOL YEAR. FOR THE
     2  SCHOOL YEAR 1986-1987, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL
     3  DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND
     4  FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET VALUE/INCOME AID
     5  RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR
     6  RECEIVED PAYMENTS UNDER THIS SECTION FOR THE 1985-1986 SCHOOL
     7  YEAR, AN AMOUNT EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED
     8  BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR
     9  1987-1988, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
    10  WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE
    11  HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF
    12  FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
    13  PAYMENTS UNDER THIS SECTION FOR THE 1986-1987 SCHOOL YEAR, AN
    14  AMOUNT EQUAL TO EIGHTY-FIVE DOLLARS ($85) MULTIPLIED BY THAT
    15  DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1988-
    16  1989, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
    17  HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
    18  (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
    19  THOUSAND TEN THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
    20  PAYMENTS UNDER THIS SECTION FOR THE 1987-1988 OR 1988-1989
    21  SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIVE DOLLARS ($105).
    22  FOR THE SCHOOL YEAR 1989-1990, THE COMMONWEALTH SHALL PAY TO
    23  EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
    24  ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A MARKET
    25  VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
    26  OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR THE
    27  1987-1988 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIFTEEN
    28  DOLLARS ($115) MULTIPLIED BY THE DISTRICT'S AVERAGE DAILY
    29  MEMBERSHIP AS PROVIDED FOR IN SECTION 212 OF THE ACT OF JULY 1,
    30  1990 (P.L.1591, NO.7A), KNOWN AS THE "GENERAL APPROPRIATION ACT
    19990H0456B2117                 - 19 -

     1  OF 1990." FOR THE SCHOOL YEAR 1990-1991, THE COMMONWEALTH SHALL
     2  PAY TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY
     3  MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A
     4  MARKET VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS
     5  (0.5000) OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR
     6  THE PRIOR SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED SEVENTY
     7  DOLLARS ($170) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY
     8  MEMBERSHIP. FOR THE SCHOOL YEAR 1990-1991, EACH SCHOOL DISTRICT
     9  WITH A POPULATION PER SQUARE MILE OF LESS THAN NINETY (90),
    10  WHICH OTHERWISE MEETS THE AVERAGE DAILY MEMBERSHIP AND MARKET
    11  VALUE/INCOME AID RATIO REQUIREMENTS OF THIS SECTION, OR RECEIVED
    12  PAYMENTS UNDER THIS SECTION FOR THE PRIOR SCHOOL YEAR, SHALL
    13  INSTEAD RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED NINETY DOLLARS
    14  ($190) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP.
    15  FOR THE 1987-1988 SCHOOL YEAR THROUGH THE 1990-1991 SCHOOL YEAR,
    16  NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF THIS SECTION
    17  THAN IT DID FOR THE PRIOR SCHOOL YEAR. FOR THE SCHOOL YEAR 1994-
    18  1995, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
    19  HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
    20  (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
    21  THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, AN AMOUNT EQUAL TO
    22  NINETY FIVE DOLLARS ($95) MULTIPLIED BY THAT DISTRICT'S AVERAGE
    23  DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1997-1998 AND THE SCHOOL
    24  YEAR 1998-1999, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL
    25  DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND
    26  FIVE HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO
    27  OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER AN AMOUNT
    28  EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED BY THAT
    29  DISTRICT'S AVERAGE DAILY MEMBERSHIP.
    30     SECTION 2502.30.  TEMPORARY SPECIAL AID TO SCHOOL DISTRICTS
    19990H0456B2117                 - 20 -

     1  SUFFERING LOSS OF TAX REVENUE DUE TO REDUCTION IN ASSESSED
     2  VALUATION OF TAXABLE PROPERTY.--(A)  TEMPORARY SPECIAL AID SHALL
     3  BE PAID IN FISCAL YEARS 1994-1995, 1995-1996, 1996-1997 [AND],
     4  1997-1998, 1998-1999 AND 1999-2000 TO SCHOOL DISTRICTS
     5  EXPERIENCING A SEVERE REDUCTION IN LOCAL REVENUE DUE TO A
     6  DECLINE IN THE ASSESSED VALUE OF TAXABLE PROPERTIES. THE
     7  ALLOCATION TO THESE DISTRICTS SHALL BE DETERMINED BY MULTIPLYING
     8  THE REDUCTION IN ASSESSED VALUE BETWEEN 1985-1986 AND 1992-1993
     9  BY THE 1992-1993 REAL ESTATE MILLAGE RATE. THIS AID SHALL BE
    10  PAID FROM UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR
    11  COMMITTED FROM APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO
    12  THE DEPARTMENT OF EDUCATION. NO OTHER FUNDS SHALL BE USED FOR
    13  ASSISTANCE UNDER THIS SECTION. THESE FUNDS SHALL BE SUFFICIENT
    14  TO PROVIDE TEMPORARY RELIEF TO SEVEN SCHOOL DISTRICTS IN FISCAL
    15  YEAR 1995-1996 AT SEVENTY-FIVE PER CENTUM (75%) OF THE FUNDS
    16  RECEIVED IN FISCAL YEAR 1994-1995, IN FISCAL YEAR 1996-1997 AT
    17  FIFTY PER CENTUM (50%) OF THE FUNDS RECEIVED IN FISCAL YEAR
    18  1994-1995 [AND], IN FISCAL YEAR 1997-1998 [AND], 1998-1999 AND
    19  IN FISCAL YEAR 1999-2000 AT TWENTY-FIVE PER CENTUM (25%) OF THE
    20  FUNDS RECEIVED IN FISCAL YEAR 1994-1995. THIS SECTION SHALL
    21  EXPIRE OCTOBER 1, [1999] 2000.
    22     (B)  PAYMENTS MADE PURSUANT TO SUBSECTION (A) SHALL BE PAID
    23  FROM A RESTRICTED RECEIPT ACCOUNT, WHICH IS HEREBY ESTABLISHED,
    24  FOR SUCH PAYMENTS. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY
    25  OF THE BUDGET TO THE RESTRICTED ACCOUNT ONLY TO THE EXTENT
    26  NECESSARY TO MAKE THE PAYMENTS AUTHORIZED BY THIS SECTION. THE
    27  MONEY IN THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED FROM THE
    28  ACCOUNT FOR PURPOSES OF THIS SECTION.
    29     SECTION 11.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    30     SECTION 2502.36.  BASIC EDUCATION FUNDING FOR 1998-1999
    19990H0456B2117                 - 21 -

     1  SCHOOL YEAR.--FOR THE 1998-1999 SCHOOL YEAR, THE COMMONWEALTH
     2  SHALL PAY TO EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING
     3  ALLOCATION WHICH SHALL CONSIST OF THE FOLLOWING:
     4     (1)  AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING
     5  ALLOCATION FOR THE 1997-1998 SCHOOL YEAR PURSUANT TO SECTION
     6  2502.35.
     7     (2)  A BASE SUPPLEMENT PAYABLE TO QUALIFYING SCHOOL
     8  DISTRICTS.
     9     (I)  TO QUALIFY FOR THE BASE SUPPLEMENT, A SCHOOL DISTRICT'S
    10  1999-2000 MARKET VALUE/INCOME AID RATIO MUST BE EQUAL TO OR
    11  GREATER THAN FOUR THOUSAND TEN-THOUSANDTHS (0.4000).
    12     (II)  THE BASE SUPPLEMENT IS CALCULATED FOR QUALIFYING SCHOOL
    13  DISTRICTS AS FOLLOWS: MULTIPLY THE SCHOOL DISTRICT'S 1999-2000
    14  MARKET VALUE/INCOME AID RATIO TIMES ITS 1998-1999 AVERAGE DAILY
    15  MEMBERSHIP: MULTIPLY THIS PRODUCT TIMES SEVENTY MILLION FIVE
    16  HUNDRED THOUSAND DOLLARS ($70,500,000); DIVIDE THE RESULTANT
    17  PRODUCT BY THE SUM OF THE PRODUCTS OF THE 1999-2000 MARKET
    18  VALUE/INCOME AID RATIO TIMES THE 1998-1999 AVERAGE DAILY
    19  MEMBERSHIP FOR ALL QUALIFYING DISTRICTS.
    20     (3)  A GROWTH SUPPLEMENT IS CALCULATED FOR QUALIFYING SCHOOL
    21  DISTRICTS AS FOLLOWS: MULTIPLY THE INCREASE IN AVERAGE DAILY
    22  MEMBERSHIP BETWEEN THE 1997-1998 AND 1998-1999 SCHOOL YEARS
    23  TIMES FOUR HUNDRED DOLLARS ($400).
    24     (4)  A POVERTY SUPPLEMENT TO QUALIFYING SCHOOL DISTRICTS.
    25     (I)  TO QUALIFY FOR THE POVERTY SUPPLEMENT, THE NUMBER OF
    26  CHILDREN IN LOW-INCOME FAMILIES RESIDING IN THE DISTRICT FOR THE
    27  1998 CALENDAR YEAR DIVIDED BY THE DISTRICT'S AVERAGE DAILY
    28  MEMBERSHIP FOR THE 1998-1999 SCHOOL YEAR MUST BE GREATER THAN OR
    29  EQUAL TO TEN PER CENTUM (10%).
    30     (II)  THE POVERTY SUPPLEMENT IS CALCULATED FOR QUALIFYING
    19990H0456B2117                 - 22 -

     1  SCHOOL DISTRICTS BY MULTIPLYING THE NUMBER OF CHILDREN IN LOW-
     2  INCOME FAMILIES AS DEFINED IN SECTION 2501(21) RESIDING IN THE
     3  DISTRICT FOR THE 1998 CALENDAR YEAR TIMES FIFTY DOLLARS ($50).
     4     (5)  EACH SCHOOL DISTRICT WILL BE GUARANTEED A MINIMUM
     5  INCREASE TO BE CALCULATED AS FOLLOWS:
     6     (I)  EACH SCHOOL DISTRICT WITH A 1999-2000 MARKET
     7  VALUE/INCOME AID RATIO EQUAL TO OR GREATER THAN SEVEN THOUSAND
     8  TEN-THOUSANDTHS (0.7000) WILL RECEIVE ADDITIONAL FUNDING, AS
     9  NECESSARY, SO THAT THE SUM OF THE AMOUNTS IN CLAUSES (2), (3),
    10  (4) AND (5) WILL EQUAL AT LEAST FOUR PER CENTUM (4%) OF THE
    11  AMOUNT IN CLAUSE (1).
    12     (II)  EACH SCHOOL DISTRICT WITH A 1999-2000 MARKET
    13  VALUE/INCOME AID RATIO LESS THAN SEVEN THOUSAND TEN-THOUSANDTHS
    14  (0.7000) WILL RECEIVE ADDITIONAL FUNDING, AS NECESSARY, SO THAT
    15  THE SUM OF THE AMOUNTS IN CLAUSES (2), (3), (4) AND (5) WILL
    16  EQUAL AT LEAST ONE PER CENTUM (1%) OF THE AMOUNT IN CLAUSE (1).
    17     SECTION 12.  SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE
    18  AMENDED BY ADDING SUBSECTIONS TO READ:
    19     SECTION 2509.1.  PAYMENTS TO INTERMEDIATE UNITS.--* * *
    20     (B.7)  UP TO NINE MILLION FIVE HUNDRED THOUSAND DOLLARS
    21  ($9,500,000) MAY BE UTILIZED FOR PROGRAMS ADMINISTERED AND
    22  OPERATED DURING THE 1999-2000 SCHOOL YEAR FOR INSTITUTIONALIZED
    23  CHILDREN BY INTERMEDIATE UNITS AS ESTABLISHED IN SUBSECTION
    24  (B.1).
    25     SECTION 2509.5.  SPECIAL EDUCATION PAYMENTS TO SCHOOL
    26  DISTRICTS.--* * *
    27     (U)  DURING THE 1999-2000 SCHOOL YEAR, EACH SCHOOL DISTRICT
    28  SHALL BE PAID:
    29     (1)  AN AMOUNT TO BE DETERMINED BY MULTIPLYING FIFTEEN
    30  PERCENT (15%) OF ITS SCHOOL-AGE AVERAGE DAILY MEMBERSHIP BY ONE
    19990H0456B2117                 - 23 -

     1  THOUSAND THREE HUNDRED FIFTEEN DOLLARS ($1,315); AND
     2     (2)  AN AMOUNT TO BE DETERMINED BY MULTIPLYING ONE PERCENT
     3  (1%) OF ITS SCHOOL-AGE AVERAGE DAILY MEMBERSHIP BY FOURTEEN
     4  THOUSAND FIVE HUNDRED THIRTY-FIVE DOLLARS ($14,535).
     5     (V)  DURING THE 1999-2000 SCHOOL YEAR, A PORTION OF THE FUNDS
     6  APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR SPECIAL
     7  EDUCATION SHALL BE AVAILABLE TO PROVIDE SUPPLEMENTAL FUNDING FOR
     8  SPECIAL EDUCATION TO SCHOOL DISTRICTS WHICH OPERATE SPECIAL
     9  EDUCATION PROGRAMS. ONLY SCHOOL DISTRICTS THAT QUALIFY UNDER THE
    10  PROVISIONS OF SUBSECTION (W) SHALL BE ELIGIBLE TO RECEIVE THE
    11  SUPPLEMENTAL SPECIAL EDUCATION FUNDING.
    12     (W)  SCHOOL DISTRICTS SHALL QUALIFY FOR SUPPLEMENTAL PAYMENTS
    13  UNDER SUBSECTION (V) IF:
    14     (1)  (I)  THE SCHOOL DISTRICT'S SPECIAL EDUCATION
    15  EXPENDITURES FOR THE 1996-1997 SCHOOL YEAR AS A PERCENTAGE OF
    16  THE SUM OF THE SCHOOL DISTRICT'S 1996-1997 SCHOOL YEAR
    17  EXPENDITURES FOR REGULAR EDUCATION, VOCATIONAL-TECHNICAL
    18  EDUCATION AND SPECIAL EDUCATION IS EQUAL TO OR GREATER THAN THE
    19  SPECIAL EDUCATION EXPENDITURES OF ALL SCHOOL DISTRICTS FOR THE
    20  1996-1997 SCHOOL YEAR AS A PERCENTAGE OF THE SUM OF THE 1996-
    21  1997 SCHOOL YEAR EXPENDITURES OF ALL SCHOOL DISTRICTS FOR
    22  REGULAR EDUCATION, VOCATIONAL-TECHNICAL EDUCATION AND SPECIAL
    23  EDUCATION;
    24     (II)  THE SCHOOL DISTRICTS MARKET VALUE/INCOME AID RATIO FOR
    25  THE 1998-1999 SCHOOL YEAR IS EQUAL TO OR GREATER THAN FIVE
    26  THOUSAND FOUR HUNDRED TEN THOUSANDTHS (0.5400); AND
    27     (III)  THE SCHOOL DISTRICT'S EQUALIZED MILLAGE FOR THE 1996-
    28  1997 SCHOOL YEAR IS EQUAL TO OR GREATER THAN SIXTEEN AND ONE
    29  HALF (16.5); OR
    30     (2)  THE SCHOOL DISTRICT SATISFIES THE CRITERION SET FORTH IN
    19990H0456B2117                 - 24 -

     1  CLAUSE(1)(I), DOES NOT SATISFY THE CRITERION SET FORTH IN CLAUSE
     2  (1)(II) BUT THE SCHOOL DISTRICT'S EQUALIZED MILLAGE FOR THE
     3  1996-1997 SCHOOL YEAR IS EQUAL TO OR GREATER THAN TWENTY AND SIX
     4  TENTHS (20.6).
     5     (3)  THE SCHOOL DISTRICT DOES NOT SATISFY THE CRITERIA OF
     6  CLAUSE (1) OR (2) BUT DOES SATISFY THE FOLLOWING:
     7     (I)  THE NUMBER OF SCHOOL-AGE CHILDREN IN LOW-INCOME FAMILIES
     8  AS DEFINED IN SECTION 2501(21) FOR CALENDAR YEAR 1997 IS EQUAL
     9  TO OR GREATER THAN TEN PERCENT (10%) OF THE SCHOOL DISTRICT'S
    10  1997-1998 SCHOOL YEAR AVERAGE DAILY MEMBERSHIP; AND
    11     (II)  THE SCHOOL DISTRICT'S MARKET VALUE/INCOME AID RATIO FOR
    12  THE 1998-1999 SCHOOL YEAR IS EQUAL TO OR GREATER THAN FIVE
    13  THOUSAND FOUR HUNDRED TEN THOUSANDTHS (0.5400).
    14     (X)  QUALIFYING SCHOOL DISTRICTS SHALL RECEIVE AN ADDITIONAL
    15  TWENTY PERCENT (20%) OF THE AMOUNT CALCULATED IN SUBSECTION
    16  (U)(1). THE AMOUNT SHALL BE PAID PURSUANT TO THE PAYMENT
    17  SCHEDULE ESTABLISHED IN SUBSECTION (C).
    18     (Y)  ADDITIONALLY, DURING THE 1999-2000 SCHOOL YEAR, EACH
    19  SCHOOL DISTRICT OF THE FIRST CLASS OR FIRST CLASS A BELONGING TO
    20  AN INTERMEDIATE UNIT THE BOUNDARY OF WHICH IS COTERMINOUS WITH
    21  THAT OF THE SCHOOL DISTRICT SHALL RECEIVE A PROPORTIONATE SHARE
    22  OF TEN MILLION THREE HUNDRED THOUSAND DOLLARS ($10,300,000)
    23  BASED ON THE AMOUNT RECEIVED BY ITS COTERMINOUS INTERMEDIATE
    24  UNIT FOR THE COST OF OPERATING AND ADMINISTERING CLASSES OR
    25  SCHOOLS FOR STUDENTS WITH EXCEPTIONALITIES AS APPROVED BY THE
    26  DEPARTMENT FOR THE 1990-1991 SCHOOL YEAR. THIS AMOUNT SHALL BE
    27  ADDED TO THE SCHOOL DISTRICT'S PAYMENT UNDER SUBSECTION (V):
    28  PROVIDED, HOWEVER, THAT DURING THE 1999-2000 SCHOOL YEAR, NO
    29  SCHOOL DISTRICT OF THE FIRST CLASS OR FIRST CLASS A SHALL
    30  RECEIVE LESS PAYMENT UNDER THIS SUBSECTION AND SUBSECTION (V)
    19990H0456B2117                 - 25 -

     1  THAN THE AMOUNT OF THE PAYMENTS THE SCHOOL DISTRICT'S
     2  COTERMINOUS INTERMEDIATE UNIT RECEIVED DURING THE 1997-1998
     3  SCHOOL YEAR UNDER SECTION 2509.1(D)(3).
     4     (Z)  DURING THE 1999-2000 SCHOOL YEAR, A SCHOOL DISTRICT WITH
     5  AN INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED STUDENTS
     6  GREATER THAN ONE HUNDRED THIRTY PERCENT (130%) OF THE STATEWIDE
     7  AVERAGE INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED STUDENTS
     8  SHALL QUALIFY TO RECEIVE A SUPPLEMENTAL PAYMENT, AS SPECIFIED IN
     9  THIS SUBSECTION, FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR
    10  SPECIAL EDUCATION. A SCHOOL DISTRICT'S INCIDENCE RATE OF MILDLY
    11  AND SEVERELY DISABLED STUDENTS SHALL BE CALCULATED BY DIVIDING
    12  THE SCHOOL DISTRICT'S 1997 CHILD COUNT OF STUDENTS WITH
    13  DISABILITIES COLLECTED AND REPORTED UNDER SECTIONS 611(D)(2) AND
    14  618(A) OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
    15  (PUBLIC LAW 91-230, 20 U.S.C. §§ 1411(D)(2) AND 1418(A)) AND 34
    16  C.F.R. § 300.750 BY THE SCHOOL DISTRICT'S 1997-1998 TOTAL
    17  ENROLLMENT REPORTED TO THE DEPARTMENT. THE STATEWIDE AVERAGE
    18  INCIDENCE RATE OF MILDLY AND SEVERELY DISABLED STUDENTS SHALL BE
    19  CALCULATED BY DIVIDING THE STATEWIDE TOTAL 1997 CHILD COUNT OF
    20  STUDENTS WITH DISABILITIES FOR ALL SCHOOL DISTRICTS BY THE 1997-
    21  1998 STATEWIDE TOTAL ENROLLMENT FOR ALL SCHOOL DISTRICTS. THE
    22  PAYMENT TO A QUALIFYING SCHOOL DISTRICT SHALL BE CALCULATED AS
    23  FOLLOWS: (1)  SUBTRACT ONE HUNDRED THIRTY PERCENT (130%) OF THE
    24  STATEWIDE AVERAGE INCIDENCE RATE FROM THE SCHOOL DISTRICT'S
    25  INCIDENCE RATE; (2)  MULTIPLY THE DIFFERENCE OBTAINED IN
    26  PARAGRAPH (1) BY THE SCHOOL DISTRICT'S 1998-1999 SCHOOL YEAR
    27  AVERAGE DAILY MEMBERSHIP; AND (3)  MULTIPLY THE PRODUCT OBTAINED
    28  IN PARAGRAPH (2) BY ONE THOUSAND THREE HUNDRED FIFTEEN DOLLARS
    29  ($1,315).
    30     (AA)  FOR THE 1999-2000 SCHOOL YEAR, THE SUM OF PAYMENTS TO
    19990H0456B2117                 - 26 -

     1  SCHOOL DISTRICTS RECEIVED UNDER SUBSECTIONS (U), (V), (Y) AND
     2  (Z) MUST BE GREATER THAN OR EQUAL TO ONE HUNDRED AND TWO PERCENT
     3  (102%) OF THE PAYMENTS SCHOOL DISTRICTS FOR THE 1998-1999 SCHOOL
     4  YEAR UNDER SUBSECTIONS (P), (Q) AND (T).
     5     SECTION 13.  SECTION 2595(A) OF THE ACT, REENACTED AND
     6  AMENDED APRIL 27, 1998 (P.L.270, NO.46), IS AMENDED AND THE
     7  SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
     8     SECTION 2595.  SCHOOL PERFORMANCE INCENTIVES.--(A)  THE
     9  PURPOSE OF THIS SECTION IS TO ESTABLISH A PROGRAM OF SCHOOL
    10  PERFORMANCE INCENTIVES TO REWARD SIGNIFICANT EDUCATIONAL
    11  IMPROVEMENTS, TO ENCOURAGE ACCOUNTABILITY PROGRAMS WITH SCHOOL
    12  DISTRICTS, TO EVOKE FURTHER SCHOOL PERFORMANCE IMPROVEMENT AND
    13  TO FOSTER COLLEGIAL PARTICIPATION BY SCHOOL EMPLOYES IN
    14  IMPROVING SCHOOL PERFORMANCE.
    15     * * *
    16     (F.1)  UP TO ONE MILLION DOLLARS ($1,000,000) OF THE
    17  ALLOCATION FOR SCHOOL PERFORMANCE FUNDING UNDER THIS SECTION
    18  SHALL BE USED TO FUND AN INCENTIVE PROGRAM FOR SCHOOL DISTRICT
    19  PERFORMANCE MEASURES (SDPM) TO BE BASED UPON THE INDIVIDUAL
    20  PERFORMANCE OF EMPLOYES OF A SCHOOL DISTRICT.
    21     (1)  SCHOOL DISTRICTS SHALL APPLY ANNUALLY FOR AN SDPM AWARD
    22  IN A FORMAT ESTABLISHED BY THE DEPARTMENT OF EDUCATION.
    23     (2)  THE DEPARTMENT OF EDUCATION SHALL REVIEW SCHOOL DISTRICT
    24  PROFESSIONAL TEACHER ACCOUNTABILITY PLANS THAT CONTAIN
    25  DIFFERENTIATED REWARDS AND SANCTIONS BASED ON INDIVIDUAL JOB
    26  PERFORMANCE.
    27     (3)  THE DEPARTMENT OF EDUCATION SHALL REVIEW THE SUBMITTED
    28  SCHOOL DISTRICT ACCOUNTABILITY PLANS AND RATE THEM FOR IMPACT ON
    29  THE INDIVIDUAL EMPLOYE ACCORDING TO FINANCIAL AND PROGRAMMATIC
    30  MEASURES, INCLUDING COMPENSATION AND TRAINING AND OTHER REWARDS
    19990H0456B2117                 - 27 -

     1  AND SANCTIONS.
     2     (4)  THE DEPARTMENT OF EDUCATION SHALL USE THE TOTAL IMPACT
     3  OF EACH PLAN TIMES THE NUMBER OF PROFESSIONAL STAFF AFFECTED IN
     4  THE SCHOOL DISTRICT TO AWARD SDPM INCENTIVE GRANTS TO SCHOOL
     5  DISTRICTS.
     6     (5)  IF THE AMOUNT FOR AWARDS UNDER THIS SUBSECTION EXCEED
     7  THE AMOUNT ALLOCATED FOR THAT PURPOSE, THE AWARDS SHALL BE
     8  REDUCED TO REFLECT THE AMOUNT ALLOCATED.
     9     SECTION 2 14.  THIS ACT SHALL TAKE EFFECT JULY 1, 1999, OR     <--
    10  IMMEDIATELY, WHICHEVER IS LATER.














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