CORRECTIVE REPRINT
        PRIOR PRINTER'S NOS. 648, 1298                PRINTER'S NO. 1322

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 593 Session of 1977


        INTRODUCED BY MESSRS. GALLAGHER, PANCOAST, LINCOLN, BURNS, WISE,
           DAVIES, DiCARLO, MILANOVICH, GARZIA, BERLIN AND
           W. D. HUTCHINSON, MARCH 14, 1977

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 5, 1977

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," changing and adding definitions and
     6     further providing for subsidies.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     SECTION 1.  SECTION 917-A, ACT OF MARCH 10, 1949 (P.L.30,      <--
    10  NO.14), KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949," ADDED MAY 4,
    11  1970 (P.L.311, NO.102), IS REPEALED.
    12     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    13     SECTION 917-A.1.  COMMONWEALTH PAYMENTS.--(A)  FOR THE SCHOOL
    14  YEAR 1977-1978 AND EACH YEAR THEREAFTER THE COMMONWEALTH SHALL
    15  PAY TO INTERMEDIATE UNITS AN AMOUNT EQUAL TO THE PRODUCT OF THE
    16  STATEWIDE MEDIAN ACTUAL INSTRUCTION EXPENSE PER WEIGHTED AVERAGE
    17  DAILY MEMBERSHIP (WADM) BY THE PRODUCT OF FORTY-FIVE ONE
    18  HUNDREDTHS OF ONE PERCENT (0.45%) AND THE AVERAGE DAILY


     1  MEMBERSHIP OF ALL SCHOOL DISTRICTS IN THE COMMONWEALTH, AS
     2  DETERMINED BY THE SECRETARY OF EDUCATION ACCORDING TO THE LATEST
     3  AVAILABLE ACTUAL DATA.
     4     (B)  FOR THE SCHOOL YEAR 1977-1978 AND EACH SCHOOL YEAR
     5  THEREAFTER, EACH INTERMEDIATE UNIT SHALL BE PAID THE AMOUNT IT
     6  RECEIVED FROM THE COMMONWEALTH FOR THE 1976-1977 SCHOOL YEAR.
     7     (C)  IN ADDITION TO THE AMOUNT PAID TO EACH INTERMEDIATE UNIT
     8  UNDER SUBSECTION (B), EACH INTERMEDIATE UNIT SHALL BE PAID FOR
     9  THE 1977-1978 SCHOOL YEAR AND EACH YEAR THEREAFTER AN AMOUNT
    10  DETERMINED BY SUBTRACTING THE TOTAL PAYMENTS UNDER SUBSECTION
    11  (B) FROM THE TOTAL ALLOCATION UNDER SUBSECTION (A) DIVIDED BY
    12  THE AVERAGE DAILY MEMBERSHIP (ADM) OF ALL SCHOOL DISTRICTS IN
    13  THE COMMONWEALTH MULTIPLIED BY THE AVERAGE DAILY MEMBERSHIP
    14  (ADM) OF ALL COMPONENT SCHOOL DISTRICTS IN THE INTERMEDIATE
    15  UNIT, AS DETERMINED BY THE SECRETARY OF EDUCATION ACCORDING TO
    16  THE LATEST ACTUAL DATA AVAILABLE.
    17     (D)  IN JANUARY OF EACH YEAR, THE SECRETARY OF EDUCATION
    18  SHALL DETERMINE FOR EACH INTERMEDIATE UNIT THE AMOUNT TO BE
    19  RECEIVED FOR THE SUCCEEDING FISCAL YEAR.
    20     SECTION 3.  SECTION 919-A OF THE ACT, ADDED MAY 4, 1970
    21  (P.L.311, NO.102), IS REPEALED.
    22     SECTION 4.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    23     SECTION 919-A.1.  CAPITAL SUBSIDY.--ALL LEASES FOR OFFICE
    24  SPACE, CLASSROOMS, WAREHOUSE SPACE AND SIMILAR FACILITIES SHALL
    25  BE PRE-APPROVED BY THE SECRETARY OF EDUCATION. FOR THE 1977-1978
    26  SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, IN ADDITION TO ANY
    27  PAYMENTS REQUIRED UNDER SECTION 917-A.1, THE COMMONWEALTH SHALL
    28  ALLOCATE TO THE INTERMEDIATE UNITS ON ACCOUNT OF APPROVED LEASES
    29  AN AMOUNT TO BE DETERMINED AS FOLLOWS: BY OBTAINING THE PRODUCT
    30  OF THE NUMBER OF STUDENTS IN AVERAGE DAILY MEMBERSHIP (ADM)
    19770H0593B1322                  - 2 -

     1  MULTIPLIED BY THE MEDIAN ACTUAL INSTRUCTION EXPENSE PER WEIGHTED
     2  AVERAGE DAILY MEMBERSHIP OF ALL THE SCHOOL DISTRICTS, TO BE
     3  FURTHER MULTIPLIED BY THREE ONE-HUNDREDTHS OF ONE PERCENT
     4  (0.03%), BASED ON THE LATEST ACTUAL DATA AVAILABLE TO THE
     5  SECRETARY OF EDUCATION.
     6     THE DISTRIBUTION TO EACH INTERMEDIATE UNIT SHALL BE COMPUTED
     7  BY APPLYING THE INTERMEDIATE UNIT AID RATIO TO EACH APPROVED
     8  LEASE PAYMENT. THE AID RATIO COMPUTED INITIALLY SHALL APPLY AS A
     9  MINIMUM FOR THE DURATION OF THE LEASE: PROVIDED, HOWEVER, THAT
    10  NO INTERMEDIATE UNIT SHALL RECEIVE LESS ON ACCOUNT OF APPROVED
    11  LEASES THAN IT RECEIVED FOR THE 1976-1977 SCHOOL YEAR.
    12     WHERE THE ALLOCATIONS UNDER THIS SECTION DO NOT SATISFY LEASE
    13  REIMBURSEMENT REQUIREMENTS, EACH INTERMEDIATE UNIT SHALL RECEIVE
    14  A PRO RATA SHARE OF THE AMOUNT DETERMINED BY THE ABOVE FORMULA.
    15     Section 1 5.  Clauses (9), (12) and (15) of section 2501 OF    <--
    16  THE act, of March 10, 1949 (P.L.30, No.14), known as the "Public  <--
    17  School Code of 1949," clause (9) amended June 12, 1968 (P.L.192,
    18  No.96), clauses (12) and (15) amended June 26, 1974 (P.L.370,
    19  No.125), are amended and the section is amended by adding
    20  clauses to read:
    21     Section 2501.  Definitions.--For the purposes of this article
    22  the following terms shall have the following meanings:
    23     * * *
    24     (9)  ["Valuation."] "Real Property Valuation."  A school
    25  district's or vocational school district's real property
    26  valuation, to be used for purposes of computing the basic
    27  account standard reimbursement fraction, the subsidiary account
    28  reimbursement fraction, and the aid ratio shall be the valuation
    29  placed upon its taxable real property by the State Tax
    30  Equalization Board.
    19770H0593B1322                  - 3 -

     1     (9.1)  "Personal Income Valuation."  A school district's
     2  personal income valuation for purposes of reimbursement to a
     3  school district under subsections (d), (e), and (f) of section
     4  2502, and section 2592 shall be the valuation of the total
     5  personal income determined under Article III of the act of March
     6  4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971,"
     7  for each school district each year by the Secretary of Revenue
     8  and certified to the Secretary of Education.
     9     (9.2)  "Equalized Millage."  A school district's tax effort
    10  to be used for purposes of determining the base earned for
    11  reimbursement and used for reimbursement under subsections (d)
    12  and (e) of section 2502, shall be the amount of local school
    13  taxes collected during the year for which reimbursement is being
    14  computed, divided by the most recent real property valuation of
    15  the school district.
    16     (9.3)  "Median Equalized Millage."  For the school year 1976-
    17  1977 and each year thereafter, the Secretary of Education shall
    18  annually calculate the equalized millage for which an equal
    19  number of districts are above and below for that year.
    20     * * *
    21     (12)  "State's Share of Total Cost." For the school year
    22  1966-1967 and each school year thereafter, the State's share of
    23  total reimbursable cost shall be fifty percent (50%). Total
    24  reimbursable cost shall be the lesser of actual expense per WADM
    25  as defined in clause (11.1) or a maximum amount to be fixed by
    26  the General Assembly [from time to time] each year to represent
    27  the estimated [average actual] median actual instruction expense
    28  per WADM in the year for which the reimbursement is to be
    29  payable. For the school year commencing the first day of July
    30  [1973] 1976  and each school year thereafter the maximum amount
    19770H0593B1322                  - 4 -

     1  shall be [seven hundred fifty dollars ($750)] the median actual
     2  instruction expense per WADM in the year for which the
     3  reimbursement is to be payable. The Secretary of Education
     4  annually shall calculate the State [average "actual] "median
     5  actual instruction expense per weighted average daily
     6  membership" and shall supply the same to the General Assembly
     7  [to assist the General Assembly in evaluating the adequacy of
     8  such maximum amount].
     9     (12.1)  "Median Actual Instruction Expense Per Weighted
    10  Average Daily Membership." For the school year 1976-1977 and
    11  each school year thereafter, the Secretary of Education shall
    12  annually calculate the actual instruction expense per weighted
    13  average daily membership for which an equal number of districts
    14  are above and below for that year.
    15     * * *
    16     (14.1)  "Market Value/Income Aid Ratio." For purposes of
    17  reimbursement to a school district under subsections (d), (e),
    18  and (f) of section 2502, and section 2592, shall be the
    19  Commonwealth's method of determining the combined market value
    20  and income wealth for each pupil, and shall be computed as
    21  follows:
    22     (a)(i)  Divide the market value per weighted average daily
    23  membership of the district by the market value per weighted
    24  average daily membership of the State;
    25     (ii)  Determine the product of (a)(i) multiplied by the
    26  district's share of total costs which is .5;
    27     (iii)  Subtract the resultant product in (a)(ii) from 1.000
    28  to determine the market value portion of the aid ratio. as        <--
    29  follows:

    19770H0593B1322                  - 5 -

     1                                 (District Market Value/WADM
     2  Market Value Aid Ratio = 1 -   _________________________  x.5)
     3                                 (State Market Value/WADM
     4     (b)(i)  Divide the income per weighted average daily
     5  membership of the district by the average personal income per
     6  weighted average daily membership of the State;
     7     (ii)  Determine the product of (b)(i) multiplied by the
     8  district's share of total costs which is .5;
     9     (iii)  Subtract the resultant product in (b)(ii) from 1.0000
    10  to determine the income aid ratio. as follows:                    <--
    11                                 (District Income/WADM              <--
    12      Income Aid Ratio = 1 -     _____________________    x.5)
    13                                 (State Income/WADM
    14     (c)  Add SIXTY PERCENT (60%) OF the market value aid ratio to  <--
    15  FORTY PERCENT (40%) OF the income aid ratio and divide the sum    <--
    16  by 2 to determine the market value/income aid ratio. as follows:  <--
    17                                 Market Value Aid Ratio + Income    <--
    18  Market Value/Income            Aid Ratio
    19      Aid Radio          =       _______________________________
    20                                                 2
    21     (15)  "Minimum Subsidy."  [In] For the school year 1976-1977
    22  and each school year thereafter, in no case shall a district
    23  receive for each pupil in weighted average daily membership
    24  [through the school year 1969-1970], an amount less than ten
    25  percent (10%) of the actual cost of instruction or [fifty-five
    26  dollars ($55)] ten percent (10%) of the base earned for
    27  reimbursement whichever is the lesser amount. [For the school
    28  year 1973-1974 and each school year thereafter, in no case shall
    29  a district receive for each pupil in weighted average daily
    30  membership an amount less than ten percent (10%) of the actual
    19770H0593B1322                  - 6 -

     1  cost of instruction, or seventy-five dollars ($75) whichever is
     2  the lesser amount.] For 1976-1977 and each school year
     3  thereafter, a district whose actual instruction expense per
     4  weighted average daily membership is more than two hundred
     5  dollars ($200) less than the median actual instruction expense
     6  per weighted average daily membership, and whose equalized
     7  millage is within fifteen percent (15%) of the median equalized
     8  millage, the reimbursement shall be two hundred dollars ($200)
     9  below the median actual instruction expense per weighted average
    10  daily membership times the district's aid ratio for each
    11  weighted average daily membership.
    12     * * *
    13     (17.1)  "Base Earned for Reimbursement." Shall be the lesser
    14  of (a) the actual instruction expense per weighted average daily
    15  membership of the district, or (b) the amount earned as follows:
    16     (i)  Where the equalized millage is thirty percent (30%) or
    17  more above the median equalized millage, rounded to a whole
    18  mill, the amount shall be the median actual instruction expense
    19  per weighted average daily membership rounded to the nearest ten
    20  dollars ($10) amount.
    21     (ii)  Where the equalized millage is fifteen percent (15%) or
    22  more and less than thirty percent (30%) above above the median
    23  equalized millage, rounded to a whole mill, the amount shall be
    24  fifty dollars ($50) less than the median actual instruction
    25  expense per weighted average daily membership.
    26     (iii)  Where the equalized millage is less than fifteen
    27  percent (15%) above or below the median equalized millage,
    28  rounded to a whole mill, the amount shall be one hundred dollars
    29  ($100) less than the median actual instruction expense per
    30  weighted average daily membership.
    19770H0593B1322                  - 7 -

     1     (iv)  Where the equalized millage is fifteen percent (15%) to
     2  thirty percent (30%) below the median equalized millage, rounded
     3  to a whole mill, the amount shall be one hundred fifty dollars
     4  ($150) less than the median actual instruction expense per
     5  weighted average daily membership.
     6     (v)  Where the equalized millage is more than thirty percent
     7  (30%) below the median equalized millage, the amount shall be
     8  two hundred dollars ($200) less than the median actual
     9  instruction expense per weighted average daily membership.
    10     Section 2 6.  Subsections (d) (f) and (g) of section 2502 of   <--
    11  the act, subsection (d) amended June 26, 1974 (P.L.370, No.125),
    12  and subsections (f) and (g) amended August 18, 1971 (P.L.339,
    13  No.88), are amended to read:
    14     Section 2502.  Payments on Account of Instruction.--
    15     * * *
    16     (d)  For the school year [commencing the first day of July
    17  within the year of the effective date of this amendment] 1976-
    18  1977 and each school year thereafter, each school district shall
    19  be paid by the Commonwealth on account of instruction of the
    20  district's pupils an amount to be determined by multiplying the
    21  market value/income aid ratio times the actual instruction
    22  expense per weighted average daily membership or by [five
    23  hundred fifty dollars ($550),] the base earned for
    24  reimbursement, whichever is less, and by the weighted average
    25  daily membership for the district. [For the school year 1973-
    26  1974 and each school year thereafter each school district shall
    27  be paid by the Commonwealth on account of instruction of the
    28  district's pupils an amount to be determined by multiplying the
    29  aid ratio times the actual instruction expense per weighted
    30  average daily membership or by seven hundred fifty dollars
    19770H0593B1322                  - 8 -

     1  ($750), whichever is less.] For the school year 1976-1977 any
     2  school district which, as a result of the impact on payments
     3  under subsections (d), (e) and (f) and under section 2592 by
     4  reason of the market value/income aid ratio or the application
     5  of equalized millage to the base earned for reimbursement, shall
     6  suffer a reduction in subsidy entitlement, shall be held
     7  harmless from this impact and shall receive an amount which is
     8  no less than that received for 1976-1977 under such subsections
     9  and under section 2592.
    10     * * *
    11     (f)  For the school year commencing the first day of July
    12  within the year of the effective date of this amendment, and
    13  each school year thereafter, each school district so entitled
    14  shall be paid, in addition to any other subsidy to which it is
    15  entitled, an amount for density or sparsity of population.
    16  Except as provided in clause (17) of section 2501 and as
    17  provided below, this amount shall be paid on account of
    18  expenditures in excess of four hundred dollars ($400) per
    19  weighted average daily membership, not to exceed for the school
    20  year 1966-1967 one hundred dollars ($100), for the school year
    21  1967-1968 one hundred fifty dollars ($150), for the school year
    22  1968-1969 two hundred dollars ($200), for the school year 1969-
    23  1970 and each school year thereafter two hundred fifty dollars
    24  ($250), an amount to be determined by multiplying the excess
    25  expenditures by the market value/income aid ratio or by three
    26  hundred seventy-five thousandths (.375) whichever is greater,
    27  and by the number of weighted average daily membership, such
    28  amount to be in addition to any other payment for such pupils:
    29  Provided, however, a school district entitled to additional
    30  payment for density or sparsity of population may, in lieu of
    19770H0593B1322                  - 9 -

     1  the above payment, elect for any school year to be paid and the
     2  Commonwealth shall pay such additional entitlement on account of
     3  excess expenditures per weighted average daily membership in
     4  excess of four hundred dollars ($400) a sum of thirty dollars
     5  ($30) per weighted average daily membership, such amount to be
     6  in addition to any other payments for such pupils.
     7     The payment for the density factor for those qualifying
     8  school districts with a WADM in excess of fifty thousand
     9  (50,000) shall be the actual cost of instruction per WADM
    10  multiplied by fifteen percent (15%) through the 1969-1970 school
    11  year THROUGH THE 1975-1976 SCHOOL YEAR OR BY TWENTY-THREE         <--
    12  PERCENT (23%) FOR THE 1976-1977 SCHOOL YEAR or by nineteen
    13  percent (19%) for the 1970-1971 school year THROUGH THE 1975-     <--
    14  1976 SCHOOL YEAR OR BY TWENTY-THREE PERCENT (23%) FOR THE 1976-
    15  1977 SCHOOL YEAR and thereafter and by the WADM of the district.
    16     (g)  It is hereby stated to be the objective of the
    17  Commonwealth to provide to each child educated in the schools of
    18  Pennsylvania, a minimum [education of five hundred fifty dollars
    19  ($550) per pupil in weighted average daily membership.
    20     To this end, and except as hereinafter provided, for the
    21  1970-1971 school year, each district whose actual cost of
    22  instruction per weighted average daily membership is less than
    23  five hundred fifty dollars ($550), shall receive an additional
    24  payment (provided such amount is positive) by subtracting from
    25  the product of five hundred fifty dollars ($550) times the WADM,
    26  the sum of the payment provided in section 2502(d) plus the
    27  payment for density or sparsity under subsection (f) of section
    28  2502, plus the payment for poverty under section 2502.3 and the
    29  product of the most recent market value of the district as
    30  released by the State Tax Equalization Board multiplied by
    19770H0593B1322                 - 10 -

     1  sixteen and twenty-four one-hundredths mills (.01624)]
     2  educational imput that is within two hundred dollars ($200) of
     3  the median actual instruction expense per WADM, for the school
     4  year 1976-1977 and each school year thereafter.
     5     Section 3 7.  This act shall take effect immediately.          <--

















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