HOUSE AMENDED
PRIOR PRINTER'S NOS. 1085, 1898, 2144, PRINTER'S NO. 2330
2211
No. 947 Session of 1983
INTRODUCED BY ITKIN, FISCHER, GALLAGHER, PRESTON, IRVIS, COWELL,
PISTELLA, PETRONE, SEVENTY, DAWIDA AND O'DONNELL, MAY 3, 1983
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
DECEMBER 13, 1983
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," further providing for the duties of
6 the school director district reapportionment commission and
7 clarification of the number of school director districts
8 within a first class A school district; further providing for
9 exceptional children; providing for the transfer of certain
10 funds; deleting the time limitation on the conveyance of
11 property to historical societies; FURTHER PROVIDING FOR <--
12 REVISED COMPUTATIONS OF CERTAIN PAYMENTS; and conforming
13 provisions on school subsidies to existing law.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 302.1(c)(4), (5), (6) and (8) of the act
17 of March 10, 1949 (P.L.30, No.14), known as the Public School
18 Code of 1949, added December 19, 1975 (P.L.511, No.150), are
19 amended to read:
20 Section 302.1. School Board in First Class A School
21 Districts; Apportionment of Seats, and Numbers, Terms, and
1 Methods for Election of School Directors in First Class A School
2 Districts.--* * *
3 (c) Apportionment.--
4 * * *
5 (4) [Each] No later than September in the second year
6 following the year in which [such] Federal census data is
7 officially [reported] gathered, a school director district
8 reapportionment commission shall be [constituted in like manner
9 and with like composition as the initial school director
10 district apportionment commission herein set forth.] appointed.
11 Said reapportionment commission shall consist of seven members,
12 three to be appointed by the mayor of the most populous
13 municipality in the school district, three by the city council
14 of such municipality and one by the mayor of any other
15 municipality of the school district with the approval of the
16 legislative body thereof. The duties of the reapportionment
17 commission shall be from the official data of the United States
18 Bureau of the Census, to define the lines that divide the
19 existing school director districts to make any new school
20 director districts as nearly equal in population as practicable,
21 and as compact and contiguous as possible, and to best provide
22 for racial balance on the board of school directors of said
23 school district. The number of school directors or school
24 director districts shall not be increased or decreased. In
25 addition, the reapportionment commission shall make every effort
26 to maintain neighborhood boundary lines of communities of like
27 interest whenever practicable. Such reapportionment commission
28 shall file its plan no later than [forty-five] ninety days after
29 either the commission has been [duly certified] appointed or the
30 specified population data for the first class A school district
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1 as determined by the Federal decennial census are available,
2 whichever is later in time.
3 (5) The school district shall appropriate sufficient funds
4 for the compensation and expenses of members and staff appointed
5 by such apportionment and reapportionment commissions, and other
6 necessary expenses. The members of such commissions shall be
7 entitled to such compensation for their services as the school
8 district from time to time shall determine[, but no part thereof
9 shall be paid until a plan is filed].
10 (6) If an apportionment or reapportionment plan is not filed
11 by the commission within the time prescribed by this section,
12 the court of common pleas of the county in which the district is
13 located shall immediately proceed on its own motion to apportion
14 or reapportion the school director districts, in accordance with
15 the standards set forth in subsection (c)(4).
16 * * *
17 (8) The county board of elections shall place upon the
18 ballot to be submitted to the voters of each first class A
19 school district under the act of June 3, 1937 (P.L.1333,
20 No.320), known as the "Pennsylvania Election Code," the
21 following question:
22 Shall the apportionment plan submitted by
23 the school director district apportionment Yes
24 commission for the election of members of
25 the Board of Public Education of the school No
26 district of....................be approved?
27 Since the voters have accepted the apportionment plan, the
28 number of school director districts contained in the
29 apportionment plan shall be the permanent number of school
30 director districts in said school district, and said permanent
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1 number of school director districts shall neither be increased
2 nor decreased by any future reapportionment commission nor by
3 the court of common pleas of the county in which the school
4 district is located. The ballot question shall not be considered
5 in the case of a reapportionment plan submitted by a
6 reapportionment commission or the court of common pleas.
7 [In the event the voters shall reject the apportionment plan,
8 the nomination of school directors under this section shall be
9 void and the present board shall continue, but a second
10 referendum, upon the petition of fifteen per cent of the
11 registered voters of the school district, may be held after two
12 years from the date of the first election.]
13 * * *
14 Section 2. Section 707(10) of the act, amended October 25,
15 1967 (P.L.486, No.232), is amended to read:
16 Section 707. Sale of Unused and Unnecessary Lands and
17 Buildings.--The board of school directors of any district is
18 hereby vested with the necessary power and authority to sell
19 unused and unnecessary lands and buildings, by any of the
20 following methods and subject to the following provisions:
21 * * *
22 (10) Notwithstanding the foregoing provisions of this
23 section, any school district may[, at any time prior to July 1,
24 1969,] convey any unused and unnecessary lands and buildings
25 which are of historical significance and importance to any
26 legally constituted historical society for historical purposes
27 without consideration or for such consideration and on such
28 terms or exchange or otherwise as may be agreed upon without
29 complying with the other provisions of this section.
30 Section 3. Section 1376 of the act, amended May 31, 1979
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1 (P.L.33, No.11), is amended to read:
2 Section 1376. Cost of Tuition and Maintenance of Certain
3 Exceptional Children in Approved Institutions.--(a) When any
4 child between the ages of six (6) and twenty-one (21) years of
5 age and resident in this Commonwealth, who is blind or deaf, or
6 afflicted with cerebral palsy and/or brain damage and/or
7 muscular dystrophy and/or mentally retarded and/or socially and
8 emotionally disturbed, is enrolled, with the approval of the
9 Department of Education, as a pupil in [any of the schools or
10 institutions] an approved school for the blind or deaf, or
11 cerebral palsied and/or brain damaged and/or muscular
12 dystrophied and/or mentally retarded, and/or socially and
13 emotionally disturbed, [under the supervision of, subject to the
14 review of or] approved by the Department of Education, in
15 accordance with standards and regulations promulgated by the
16 Council of Basic Education, the school district in which such
17 child is resident shall pay twenty per centum (20%) of the
18 actual audited cost of tuition and maintenance of such child in
19 such school [or institution], as determined by the Department of
20 Education; and the Commonwealth shall pay, out of funds
21 appropriated to the department for special education, eighty per
22 centum (80%) of the cost of their tuition and maintenance, as
23 determined by the Department. If the residence of such child in
24 a particular school district cannot be determined, the
25 Commonwealth shall pay, out of moneys appropriated to the
26 department for special education, the whole cost of tuition and
27 maintenance of such child. [In no event shall the total cost of
28 tuition and maintenance for blind, deaf, cerebral palsied and/or
29 brain damaged and/or muscular dystrophied and/or socially and
30 emotionally disturbed and/or mentally retarded residential
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1 students exceed nine thousand five hundred dollars ($9,500) for
2 the school year 1979-1980 and ten thousand five hundred dollars
3 ($10,500) for the school year 1980-1981 and each year thereafter
4 for tuition of blind, deaf, cerebral palsied and/or muscular
5 dystrophied day students exceed five thousand six hundred
6 dollars ($5,600) for the school year 1979-1980 and six thousand
7 one hundred dollars ($6,100) for the school year 1980-1981 and
8 each year thereafter and for tuition of brain damaged and/or
9 socially and emotionally disturbed and/or mentally retarded day
10 students exceed four thousand six hundred dollars ($4,600) for
11 the school year 1979-1980 and five thousand one hundred dollars
12 ($5,100) for the school year 1980-1981 and each year
13 thereafter.] The Department of Education shall be provided with
14 such financial data from [private] approved schools as may be
15 necessary to determine the reasonableness of [charges] costs for
16 tuition and room and board [of the institution made on]
17 concerning Pennsylvania resident approved reimbursed students.
18 The Department of Education shall evaluate such data and shall
19 disallow any [charge] cost deemed unreasonable. Any [charges]
20 costs deemed unreasonable by the Department of Education for
21 disallowance shall be considered an adjudication within the
22 meaning of Title 2 of the Pa.C.S. (relating to administrative
23 law and procedure) and regulations promulgated thereunder.
24 (b) When any person less than six (6) or more than twenty-
25 one (21) years of age and resident in this Commonwealth, who is
26 blind or deaf, or afflicted with cerebral palsy and/or brain
27 damage and/or muscular dystrophy, is enrolled, with the approval
28 of the Department of Education, as a pupil in [any of the
29 schools or institutions] an approved school for the blind or
30 deaf, or cerebral palsied and/or brain damaged and/or muscular
19830H0947B2330 - 6 -
1 dystrophied, [under the supervision of or] approved by the
2 Department of Education, the Commonwealth shall pay to such
3 school [or institution], out of moneys appropriated to the
4 department for special education, the actual audited cost of
5 tuition and maintenance of such person, as determined by the
6 Department of Education, subject to review and approval in
7 accordance with standards and regulations promulgated by the
8 Council of Basic Education, and in addition, in the case of any
9 child less than six (6) years of age, who is blind, the cost, as
10 determined by the Department of Education of instructing the
11 parent of such blind child in caring for such child. [In no
12 event shall the total cost of tuition and maintenance for
13 residential students exceed nine thousand five hundred dollars
14 ($9,500) for the school year 1979-1980 and ten thousand five
15 hundred dollars ($10,500) for the school year 1980-1981 and each
16 year thereafter for tuition of deaf or blind and/or cerebral
17 palsied and/or muscular dystrophied day students, exceed five
18 thousand six hundred dollars ($5,600) for the school year 1979-
19 1980 and six thousand one hundred dollars ($6,100) for the
20 school year 1980-1981 and each year thereafter and for tuition
21 of brain damaged day students four thousand six hundred dollars
22 ($4,600) for the school year 1979-1980 and five thousand one
23 hundred dollars ($5,100) for the school year 1980-1981 and each
24 year thereafter.
25 (c) When any child between the ages of six (6) and twenty-
26 one (21) years of age, resident in this Commonwealth, who is
27 socially and emotionally disturbed, is enrolled with the
28 approval of the Department of Education as a pupil in any
29 approved day school under supervision of or approved by the
30 Department of Education, the school district in which such child
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1 is resident shall pay twenty percent (20%) of the cost of
2 tuition of such child in such school as determined by the
3 Department of Education, and the Commonwealth shall pay out of
4 funds appropriated to the Department for Special Education
5 eighty percent (80%) of the cost of tuition of such child as
6 determined by the department: Provided, however, That in no
7 event shall the cost of tuition of such child exceed four
8 thousand six hundred dollars ($4,600) for the school year 1979-
9 1980 and five thousand one hundred dollars ($5,100) for the
10 school year 1980-1981 and each year thereafter.]
11 (c) Each approved school prior to the start of the school
12 year shall submit to the department such information as the
13 department may require in order to establish an estimate of
14 reimbursable costs. Based upon this information, any other data
15 deemed necessary by the department and in accordance with
16 department standards, the department shall develop for each
17 approved school an estimate of reimbursable costs. Based upon
18 such estimate, the department shall provide each approved school
19 with quarterly payments in advance of department audit. The
20 department may withhold a portion of such payments not exceeding
21 five percent (5%) of such payment, pending final audit. In no
22 event shall either the advance payments or final reimbursement
23 made by the department following audit exceed the appropriation
24 available for approved schools.
25 (d) No private institution receiving payment in accordance
26 with this section shall impose any charge on the student and/or
27 parents who are Pennsylvania approved reimbursable residents for
28 a program of individualized instruction and maintenance
29 appropriate to the child's needs; except that charges for
30 [programs] services not part of [the normal school year] such
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1 program may be made if agreed to by the parents.
2 [(e) Where the private institution provides a vocational
3 education program to the students enrolled therein as an
4 established and integral part of its on-going approved program
5 and where the department deems such program to be necessary
6 because of the unavailability of an appropriate program for such
7 students, the maximum rate payable shall be increased by the
8 audited cost of the program per approved Pennsylvania resident
9 enrolled in the program.
10 (f) Where the private institution provides special education
11 programs for multihandicapped students which is adjudged
12 necessary by the Department of Education, the maximum rate
13 payable shall be increased by seventy-five percent (75%) for the
14 second severe handicap, eighty-five percent (85%) for the third
15 severe handicap and one hundred percent (100%) for more than
16 three severe handicaps.]
17 Section 4. The act is amended by adding a section to read:
18 Section 1377.1. Transfer of Funds for Transferal Programs.--
19 When, during the course of a school year or after the end of a
20 school year, programs for exceptional children are caused to be
21 transferred from schools or institutions for the blind or deaf,
22 or cerebral palsied or brain damaged or muscular dystrophied or
23 mentally retarded, or socially and emotionally disturbed, as
24 provided for in sections 1376 and 1376.1, to school districts or
25 intermediate units, as provided for in sections 2509 and 2509.1,
26 and when such transfers necessitate the transfer of funds from
27 the appropriation to the Department of Education for special
28 education for approved private schools to the appropriation to
29 the Department of Education for payments on account of special
30 education of exceptional children in public schools, the
19830H0947B2330 - 9 -
1 Secretary of Education shall be empowered to transfer such
2 funds, upon approval of the Secretary of the Budget and written
3 notification to the State Treasurer, and the chairmen of the
4 House and Senate Appropriations and Education Committees.
5 Section 5. Section 2501(9.2), (14), (15) and (17.1) of the
6 act, (9.2) added August 24, 1977 (P.L.199, No.59), (14) added
7 February 1, 1966 (1965 P.L.1642, No.580), (15) amended June 30,
8 1980 (P.L.279, No.80) and (17.1) amended July 13, 1979 (P.L.94,
9 No.41), are amended and clauses are added to read:
10 Section 2501. Definitions.--For the purposes of this article
11 the following terms shall have the following meanings:
12 * * *
13 (9.2) "Equalized Millage." A school district's tax effort to
14 be used for [purposes of determining the base earned for
15 reimbursement and used for] reimbursement under subsections (d)
16 and (e) of section 2502 and section 2502.11, shall be the amount
17 of local school taxes collected during the year for which
18 reimbursement is being computed, divided by the most recent real
19 property valuation of the school district.
20 * * *
21 (14) "Aid Ratio." [shall represent the Commonwealth's share
22 of reimbursable cost as defined in clause (12).] The aid ratio
23 shall be determined in the following manner: (a) divide the
24 market value per weighted average daily membership of the
25 district by the market value per weighted average daily
26 membership of the State; (b) determine the product of (a)
27 multiplied by [district's share of total cost] 0.50; (c)
28 subtract the resultant product in (b) from one (1.0000) to
29 determine the aid ratio.
30 District MV/WADM
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1 Aid Ratio = 1.0000 - --------------- X 0.50
2 State MV/WADM
3 * * *
4 (15) "Minimum Subsidy." For the school years 1976-1977 and
5 1977-1978, in no case shall a district receive for each pupil in
6 weighted average daily membership, an amount less than ten
7 percent (10%) of the actual cost of instruction or ten percent
8 (10%) of the base earned for reimbursement whichever is the
9 lesser amount. For the 1978-1979 school year [and each school
10 year thereafter] through the 1980-1981 school year, no school
11 district shall receive for each pupil in weighted average daily
12 membership an amount less than fifteen percent (15%) of the base
13 earned for reimbursement or actual instructional expense per
14 WADM, whichever is the lesser amount. For [1976-1977 each school
15 year thereafter] the 1976-1977 school year through the 1980-1981
16 school year, a district whose actual instruction expense per
17 weighted average daily membership is more than two hundred
18 dollars ($200) less than the median actual instruction expense
19 per weighted average daily membership, and whose equalized
20 millage is within fifteen percent (15%) of the median equalized
21 millage, the reimbursement shall be two hundred dollars ($200)
22 below the median actual instruction expense per weighted average
23 daily membership times the district's aid ratio for each
24 weighted average daily membership. For the 1982-1983 school year
25 and each school year thereafter, no school district shall
26 receive for each pupil in weighted average daily membership an
27 amount less than fifteen percent (15%) of the factor for
28 educational expense.
29 * * *
30 (17.1) "Base Earned for Reimbursement." [Shall] For the
19830H0947B2330 - 11 -
1 school year 1982-1983 and every school year thereafter, for
2 purposes of calculations under section 2502.8 of the act, base
3 earned for reimbursement shall be the lesser of [(a)] the actual
4 instruction expense per weighted average daily membership of the
5 district, or [(b)] the amount earned as follows:
6 (i) Subtract the individual school district's equalized
7 millage from the highest equalized millage in the State.
8 (ii) Divide the amount determined in subclause (i) by the
9 difference between the highest and lowest equalized millage in
10 the State.
11 (iii) Multiply the quotient determined in subclause (ii) by
12 two hundred dollars ($200) and round to the nearest whole dollar
13 amount.
14 (iv) Subtract the amount determined in subclause (iii) from
15 the median actual instruction expense per weighted average daily
16 membership in the year for which reimbursement is being
17 computed.
18 (18) "Equalized Subsidy for Basic Education." For the school
19 year 1982-1983 and each school year thereafter, each school
20 district shall be paid by the Commonwealth an equalized subsidy
21 for basic education, which shall consist of payments on account
22 of instruction, as provided for in subsections (d) and (e) of
23 section 2502, and an economic supplement, as provided for in
24 section 2502.11.
25 (19) "Factor for Educational Expense." For the school year
26 1982-1983 and each school year thereafter, the factor for
27 educational expense used to compute school district entitlements
28 to payments on account of instruction, as provided for in
29 subsection (d) of section 2502, shall be one thousand six
30 hundred fifty-six dollars ($1,656) unless later changed by
19830H0947B2330 - 12 -
1 statute.
2 Section 6. Section 2502(d) of the act, amended August 24,
3 1977 (P.L.199, No.59), is amended to read:
4 Section 2502. Payments on Account of Instruction.--* * *
5 (d) For the school year 1976 and 1977 [and each school year
6 thereafter] through the 1980-1981 school year, each school
7 district shall be paid by the Commonwealth on account of
8 instruction of the district's pupils an amount to be determined
9 by multiplying the market value/income aid ratio times the
10 actual instruction expense per weighted average daily membership
11 or by the base earned for reimbursement, whichever is less, and
12 by the weighted average daily membership for the district. For
13 the school year 1976-1977 any school district which, as a result
14 of the impact on payments under subsections (d), (e) and (f) and
15 under section 2592 by reason of the market value/income aid
16 ratio or the application of equalized millage to the base earned
17 for reimbursement, shall suffer a reduction in subsidy
18 entitlement, shall be held harmless from this impact and shall
19 receive an amount which is no less than that received for 1976-
20 1977 under such subsections and under section 2592. For the
21 1982-1983 school year and each school year thereafter, each
22 school district shall be paid by the Commonwealth on account of
23 instruction of the district's pupils an amount to be determined
24 by multiplying the district's market value/income aid ratio by
25 the factor for educational expense, one thousand six hundred
26 fifty-six dollars ($1,656), and by the weighted average daily
27 membership of the district.
28 * * *
29 Section 7. Section 2502.5 of the act, amended June 26, 1974
30 (P.L.370, No.125), is amended to read:
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1 Section 2502.5. Limitation of Certain Payments.--(a)
2 Notwithstanding any other provision of law, for the school year
3 1970-1971 [and each school year thereafter] through the school
4 year 1980-1981, no school district shall be paid under
5 subsections (d) and (e) of section 2502 or section 2592,
6 whichever is applicable, and subsection (f) of section 2502, and
7 section 2502.3 and section 2502.4 of this act an amount in
8 excess of one hundred percent (100%) of the total approved
9 reimbursable instructional expenditures of such school district.
10 The provisions of this [section] subsection shall not apply to
11 any school district receiving any payment under subsection (g)
12 of section 2502 of this act.
13 (b) Notwithstanding any other provisions of law, for the
14 school year 1982-1983 and each school year thereafter, no school
15 district shall be paid under subsections (d) and (e) of section
16 2502 and section 2502.11 an amount in excess of one hundred
17 percent (100%) of the total reimbursable instructional
18 expenditures of the school district. For the 1982-1983 school
19 year, all school districts qualifying for payments under
20 subsections (d) and (e) of section 2502 and section 2502.11
21 shall be limited to an increase payment on account of those
22 sections which shall not exceed nine percent (9%) over the sums
23 received on account of section 2502.9 for the 1981-1982 school
24 year, nor shall any school district receive an increase of less
25 than two percent (2%) of the 1982-1983 school year payments on
26 account of the 1981-1982 school year.
27 Section 8. Section 2502.6 of the act, amended May 11, 1982
28 (P.L.396, No.115), is amended to read:
29 Section 2502.6. Proportionate Reduction of Payments.--(a)
30 If the sums appropriated for the 1978-1979 school year [and each
19830H0947B2330 - 14 -
1 school year thereafter] through the 1981-1982 school year are
2 not sufficient to pay in full the total amounts to which all
3 qualified school districts, intermediate units and nonpublic
4 schools are entitled to receive under the provisions of sections
5 917.1-A, 919.1-A, 922.1-A, 923-A(d), 2501, 2502, 2502.3, 2502.4,
6 and 2502.8 for such year, the allocations to the school
7 districts, intermediate units and nonpublic schools shall be
8 proportionately reduced to the extent necessary to bring the
9 aggregate of the school district, intermediate unit and
10 nonpublic school allocations within the limits of the amounts
11 appropriated. However, no school district's gross allocation
12 under the provisions of the sections referred to herein shall be
13 less for the 1978-1979, 1979-1980, 1980-1981 or the 1981-1982
14 school year than its gross allocation under such sections for
15 the previous school year.
16 (b) If the sums appropriated for the 1982-1983 school year
17 and each school year thereafter are not sufficient to pay in
18 full the total amounts to which all qualified school districts,
19 intermediate units and nonpublic schools are entitled to receive
20 under the provisions of sections 917.1-A, 919.1-A, 922.1-A, 923-
21 A(d) and 2502.8 for such year, the allocations to the school
22 districts, intermediate units and nonpublic schools shall be
23 proportionately reduced to the extent necessary to bring the
24 aggregate of the school district, intermediate unit and
25 nonpublic school allocations within the limits of the amounts
26 appropriated.
27 SECTION 9. SECTION 2502.10 OF THE ACT, ADDED JUNE 25, 1982 <--
28 (P.L.643, NO.182), IS AMENDED BY ADDING A SUBSECTION TO READ:
29 SECTION 2502.10. TEMPORARY SPECIAL AID TO SCHOOL DISTRICTS
30 DUE TO REAL PROPERTY REASSESSMENTS.--* * *
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1 (D) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO ANY
2 SCHOOL DISTRICT QUALIFYING FOR THE TEMPORARY AID PROVIDED FOR IN
3 THIS SECTION AND RECEIVING ITS SECOND YEAR OF SUCH AID DURING
4 THE 1982-1983 SCHOOL YEAR. FOR THE PURPOSE OF COMPUTING A SCHOOL
5 DISTRICT'S EQUALIZED SUBSIDY FOR BASIC EDUCATION FOR THE 1982-
6 1983 SCHOOL YEAR, AS PROVIDED FOR AND LIMITED BY 24 PA.C.S. §
7 2903(B)(2) (RELATING TO LIMITATION OF CERTAIN PAYMENTS), THE
8 DEPARTMENT OF EDUCATION SHALL ADJUST THE COMPUTATION OF PAYMENTS
9 ON ACCOUNT OF SECTION 2502.9 OF THIS ACT FOR THE 1981-1982
10 SCHOOL YEAR AS FOLLOWS: THE DEPARTMENT SHALL RECOMPUTE THE
11 DISTRICT'S GUARANTEE, AS PROVIDED FOR IN SECTION 2502.9(A) OF
12 THIS ACT, BY ADDING TO THE COMPUTATION OF THE GUARANTEE FOR THE
13 1980-1981 SCHOOL YEAR THE AMOUNT OF THE SECOND YEAR PAYMENT OF
14 TEMPORARY SPECIAL AID PROVIDED FOR IN THIS SECTION: PROVIDED,
15 HOWEVER, THAT NO DISTRICT SHALL RECEIVE A LESSER SUBSIDY FOR THE
16 1982-1983 SCHOOL YEAR AS A RESULT OF SUCH REVISED COMPUTATION,
17 NOR A SUBSIDY IN EXCESS OF THE FULL AMOUNT TO WHICH IT WOULD BE
18 ENTITLED UNDER THE PROVISIONS OF 24 PA.C.S. §§ 2902 (RELATING TO
19 PAYMENTS ON ACCOUNT OF INSTRUCTION) AND 2905 (RELATING TO
20 ECONOMIC SUPPLEMENT) AND THAT NO DISTRICT SHALL BE ENTITLED TO
21 AN INCREASED SUBSIDY PAYMENT FOR THE 1981-1982 SCHOOL YEAR AS A
22 RESULT OF SUCH REVISED COMPUTATION.
23 Section 9 10. The act is amended by adding a section <--
24 SECTIONS to read: <--
25 Section 2502.11. Economic Supplement.--(a) For the school
26 year 1982-1983 and each school year thereafter, each qualifying
27 school district shall be paid, in addition to any other payments
28 to which it is entitled, an economic supplement, based upon
29 children in low-income families, local tax effort and population
30 per square mile.
19830H0947B2330 - 16 -
1 (b) For the school year 1982-1983 and each school year
2 thereafter, each qualifying school district shall be paid on
3 account of children in low-income families an amount in
4 accordance with the following table:
5 Percentage of Low-Income Pupils Grant Per
6 In Average Daily Membership Low-Income Pupil
7 10 - 19.9 $100
8 20 - 39.9 $300
9 40 or over $500
10 For the 1982-1983 school year and each school year thereafter,
11 low-income pupils are defined for purposes of this section as
12 children aged five (5) to seventeen (17) years, inclusive, in
13 families receiving a grant in excess of two thousand dollars
14 ($2,000) from the Commonwealth on account of dependent children
15 under Title IV of the Federal Social Security Act.
16 (c) For the school year 1982-1983 and each school year
17 thereafter, any district which levies and collects local taxes
18 for school purposes equal to or above the median equalized
19 millage, as defined in section 2501(9.3), in the year for which
20 reimbursement is determined shall qualify for and receive a
21 payment based upon local tax effort and population per square
22 mile in accordance with the following table, except for
23 qualifying districts which include a central city of a Standard
24 Metropolitan Statistical Area and have a district population of
25 less than four thousand (4,000) persons per square mile, which
26 districts shall receive three percent (3%) of their
27 instructional expenditures:
28 Population Per Square Mile Payment as Percent of
29 of the Qualifying District Instructional Expenditure
30 5,950 and over 5
19830H0947B2330 - 17 -
1 4,000 - 5,949 3
2 less than 4,000 1
3 Notwithstanding the provisions of this table, qualifying
4 districts having a general population of five thousand nine
5 hundred fifty (5,950) or more persons per square mile and at
6 least thirty-five thousand (35,000) WADMs shall be paid nineteen
7 percent (19%) of their instructional expenditures.
8 SECTION 2502.12. REVISED COMPUTATIONS OF CERTAIN PAYMENTS.-- <--
9 FOR THE PURPOSE OF COMPUTING A SCHOOL DISTRICT'S EQUALIZED
10 SUBSIDY FOR BASIC EDUCATION FOR THE 1982-1983 SCHOOL YEAR, AS
11 PROVIDED FOR AND LIMITED BY 24 PA.C.S. § 2903(B)(2) (RELATING TO
12 LIMITATION OF CERTAIN PAYMENTS), THE DEPARTMENT OF EDUCATION
13 SHALL ADJUST THE COMPUTATION OF PAYMENTS ON ACCOUNT OF SECTION
14 2502.9 OF THIS ACT FOR THE 1981-1982 SCHOOL YEAR AS FOLLOWS: THE
15 DEPARTMENT SHALL RECOMPUTE THE DISTRICT'S GUARANTEE, AS PROVIDED
16 FOR IN SECTION 2502.9(A) OF THIS ACT, FOR THE 1980-1981 SCHOOL
17 YEAR, SO AS NOT TO ACCOUNT FOR THE SUBSIDY INCREASE LIMITATION
18 IMPOSED BY THE ACT OF JULY 1, 1981 (P.L.628, NO.5A), KNOWN AS
19 THE "GENERAL APPROPRIATION ACT OF 1981": PROVIDED, HOWEVER, THAT
20 NO DISTRICT SHALL RECEIVE A LESSER SUBSIDY FOR THE 1982-1983
21 SCHOOL YEAR UNDER THE PROVISIONS OF 24 PA.C.S. §§ 2902 (RELATING
22 TO PAYMENTS ON ACCOUNT OF INSTRUCTION) AND 2905 (RELATING TO
23 ECONOMIC SUPPLEMENT), OR SECTION 2502.10 OF THIS ACT, AS A
24 RESULT OF SUCH REVISED COMPUTATION AND THAT NO DISTRICT SHALL BE
25 ENTITLED TO AN INCREASED SUBSIDY PAYMENT FOR THE 1981-1982
26 SCHOOL YEAR AS A RESULT OF SUCH REVISED COMPUTATION. IF THE
27 AMOUNTS APPROPRIATED FOR THE EQUALIZED SUBSIDY FOR BASIC
28 EDUCATION FOR THE 1982-1983 SCHOOL YEAR ARE INSUFFICIENT TO PAY
29 IN FULL THE AMOUNTS TO WHICH DISTRICTS AFFECTED BY THE
30 LIMITATION IN THE "GENERAL APPROPRIATION ACT OF 1981" ARE
19830H0947B2330 - 18 -
1 ENTITLED, PAYMENTS TO SUCH DISTRICTS SHALL BE PROPORTIONATELY
2 REDUCED TO THE EXTENT NECESSARY TO BRING THE PAYMENTS WITHIN THE
3 LIMITS OF THE AMOUNTS APPROPRIATED: PROVIDED, HOWEVER, THAT
4 COMPUTATION OF PAYMENTS TO BE MADE BEGINNING IN THE 1984-1985
5 FISCAL YEAR SHALL BE BASED UPON A DISTRICT'S FULL ENTITLEMENT
6 UNDER THE PROVISIONS OF THIS SECTION, ANY SUCH PROPORTIONATE
7 REDUCTION NOTWITHSTANDING.
8 Section 10 11. Section 2517(d) of the act, amended May 11, <--
9 1982 (P.L.396, No.115), is amended to read:
10 Section 2517. Payments.--* * *
11 (d) Subsection (c) of this section shall apply to all
12 payments to which a school district is entitled under any
13 provision of sections 2502, 2502.3, 2502.4, 2502.8, 2502.9 and
14 2592 for the school year 1981-1982 and to payments to which a
15 school district is entitled under any provision of sections
16 2502, 2502.8 and 2502.11 for the school year 1982-1983 and each
17 school year thereafter.
18 Section 11 12. Part II of Title 24 of the Pennsylvania <--
19 Consolidated Statutes (relating to basic education) is repealed.
20 Section 12 13. Sections 4, 5, 6, 7, 8, 9 and 10, 10 AND 11 <--
21 of this act shall be retroactive to July 1, 1983.
22 Section 13 14. This act shall take effect immediately. <--
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