PRINTER'S NO. 330
No. 303 Session of 1993
INTRODUCED BY LESCOVITZ, BELFANTI, TIGUE, FAJT, TRELLO, PRESTON,
COWELL, CORRIGAN, COLAIZZO AND COY, FEBRUARY 8, 1993
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 8, 1993
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 payments to
6 school districts; and providing for the merger of school
7 districts.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2517(d) of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended July 1, 1985 (P.L.103, No.31), is amended to read:
13 Section 2517. Payments.--* * *
14 (d) Subsection (c) of this section shall apply to:
15 (1) All payments to which a school district is entitled
16 under any provision of sections 2502, 2502.3, 2502.4, 2502.8,
17 2502.9 and 2592 for the school year 1981-1982.
18 (2) Payments to which a school district is entitled under
19 any provision of sections 2502, 2502.8 and 2502.11 for the
20 school year 1982-1983 and the school year 1983-1984.
1 (3) Payments to which a school district is entitled under
2 any provision of sections 2502, 2502.8, 2502.11 and 2502.13 for
3 the school [year 1984-1985 and each school year thereafter.]
4 years 1984-1985, 1985-1986, 1986-1987, 1987-1988, 1988-1989,
5 1989-1990, 1990-1991 and 1991-1992.
6 (4) Payments to which a school district is entitled under
7 any provision of sections 2502, 2502.8, 2502.11, 2502.13 and
8 2597 for the school year 1992-1993 and each school year
9 thereafter.
10 Section 2. The act is amended by adding a section to read:
11 Section 2597. Subsidy Incentive Payable to Certain Merged
12 School Districts.--(a) The provisions of this section shall be
13 applicable to any school district created by the voluntary
14 merger of two or more former school districts on or after July
15 1, 1993, in accordance with the provisions of section 224 of
16 this act: Provided, however, That at least one of the former
17 school districts had fewer than one thousand five hundred
18 (1,500) students in average daily membership during the last
19 year of its existence and was less than twenty-five (25) square
20 miles in size.
21 (b) The subsidy incentive provided for in this section shall
22 be paid to all qualified school districts in addition to any
23 other subsidies to which the districts shall be entitled:
24 Provided, however, That the subsidy incentive shall not be
25 considered to be part of any school district's equalized subsidy
26 for basic education and shall not be considered in the
27 computation of any school district's subsidy entitlements in
28 future years.
29 (c) A subsidy incentive shall be computed as follows:
30 (1) During the first four years of existence of a qualifying
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1 district, the Department of Education shall compute and pay the
2 district the equalized subsidy for basic education to which it
3 is entitled, according to the provisions of sections 2501, 2502,
4 2502.5 and 2502.11 of this act, in addition to which the
5 department shall compute and pay the subsidy incentive provided
6 for in clause (2) during the first such year, in clause (3)
7 during the second such year, in clause (4) during the third such
8 year and in clause (5) during the fourth such year.
9 (2) During the first year of existence of a qualifying
10 district, the department shall pay a subsidy incentive that is
11 twenty per centum (20%) of the equalized subsidy for basic
12 education amount provided for in clause (1).
13 (3) During the second year of existence of a qualifying
14 district, the department shall pay a subsidy incentive that is
15 fifteen per centum (15%) of the equalized subsidy for basic
16 education amount provided for in clause (1).
17 (4) During the third year of existence of a qualifying
18 district, the department shall pay a subsidy incentive that is
19 ten per centum (10%) of the equalized subsidy for basic
20 education amount provided for in clause (1).
21 (5) During the fourth year of existence of a qualifying
22 district, the department shall pay a subsidy incentive that is
23 five per centum (5%) of the equalized subsidy for basic
24 education amount provided for in clause (1).
25 (6) During the fifth year of existence of a qualifying
26 district, the department shall compute and pay the district only
27 the amount of equalized subsidy for basic education to which it
28 is entitled, in accordance with the provisions cited in clause
29 (1).
30 (d) Annually, the Secretary of Education, in the secretary's
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1 initial budget request, shall report to the Governor on mergers
2 anticipated the following year which would qualify districts for
3 the subsidy incentive provided for in this section, along with
4 an estimate of the appropriation needed to meet the requirements
5 of this section. Annually, the Governor shall include the
6 information in the Governor's budget message to the General
7 Assembly.
8 (e) Any funds appropriated by the General Assembly for the
9 purposes of this section which, at the end of any year, remain
10 unexpended shall be lapsed in accordance with the provisions of
11 section 621 of the act of April 9, 1929 (P.L.177, No.175), known
12 as "The Administrative Code of 1929."
13 (f) In the event of a merger pursuant to this section, all
14 employes of the two or more former districts shall become
15 employes of the qualified school district: Provided, however,
16 That the employes shall serve under the terms and conditions of
17 the collective bargaining agreement, applicable to the positions
18 they are filling, negotiated by the former district with the
19 lowest aid ratio. Where employes of the district with the lowest
20 aid ratio were not covered by a collective bargaining agreement,
21 the collective bargaining agreement of the other district shall
22 apply. In cases of more than two merging districts, the
23 collective bargaining agreement of the district with the lowest
24 aid ratio shall apply. The collective bargaining agreement shall
25 be binding upon the qualified school district and shall remain
26 in force until its expiration date, or if it has already expired
27 and has been extended by agreement of the former district, until
28 the deadline for extension is reached, provided that nothing in
29 this section shall preclude the qualified school district from
30 agreeing to further extensions of the expired collective
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1 bargaining agreement until such time as the qualified school
2 district negotiates and ratifies a new collective bargaining
3 agreement.
4 (g) In the event of a merger pursuant to this section, all
5 employes shall retain the seniority rights they had prior to the
6 merger. Employes of the qualified school district shall be
7 credited with their sick leave and also for their years of
8 service in their former school districts, the latter for
9 purposes of sabbatical leave eligibility and placement on the
10 salary schedule.
11 (h) In the event of a merger pursuant to this section, no
12 professional employe shall be suspended from a qualified school
13 district during the duration of the collective bargaining
14 agreement in force pursuant to subsection (f), if the result of
15 the suspension would be to increase class size in any class or
16 course above the composite average size of the same class or
17 course in the former districts in the year immediately preceding
18 the effective date of the merger.
19 (i) If the provisions of this section conflict with any
20 other statute, ordinance, regulation or rule, the provisions of
21 this section shall control.
22 Section 3. This act shall take effect July 1, 1993.
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