PRINTER'S NO. 1607
No. 1374 Session of 1999
INTRODUCED BY ADOLPH, KELLER, RAYMOND, RYAN, CIVERA, GANNON,
MICOZZIE, FLICK, BARRAR, DiGIROLAMO, FICHTER, GIGLIOTTI,
HENNESSEY, KAISER, DAILEY, KENNEY, LEDERER, MELIO, O'BRIEN,
PERZEL, TANGRETTI, E. Z. TAYLOR, J. TAYLOR AND WOGAN,
APRIL 21, 1999
REFERRED TO COMMITTEE ON EDUCATION, APRIL 21, 1999
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," providing educational opportunity
6 grants to enable qualified parents to make educational
7 choices for their children and for academically bankrupt
8 school districts and students within such districts; and
9 further providing for funding bases, for transportation and
10 for tuition charges for nonresident students.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 1361 of the act of March 10, 1949
14 (P.L.30, No.14), known as the Public School Code of 1949,
15 amended May 11, 1979 (P.L.26, No.7), is amended to read:
16 Section 1361. When Provided.--(1) The board of school
17 directors in any school district may, out of the funds of the
18 district, provide for the free transportation of any resident
19 pupil to and from the kindergarten, elementary school, or
20 secondary school in which he is lawfully enrolled, provided that
1 such school is [not operated for profit and is] located within
2 the district boundaries or outside the district boundaries at a
3 distance not exceeding ten miles by the nearest public highway,
4 except that such ten-mile limit shall not apply to area
5 vocational technical schools which regularly serve eligible
6 district pupils or to special schools and classes approved by
7 the Department of Education, and to and from any points within
8 or without the Commonwealth in order to provide field trips for
9 any purpose connected with the educational pursuits of the
10 pupils. When provision is made by a board of school directors
11 for the transportation of public school pupils to and from such
12 schools or to and from any points within or without the
13 Commonwealth in order to provide field trips as herein provided,
14 the board of school directors shall also make identical
15 provision for the free transportation of:
16 (i) public school students who are resident within the
17 district and who regularly attend a charter school, pursuant to
18 section 1303-B, or regularly attend a public school within their
19 district of residence or outside the boundaries of their
20 district of residence at a distance not exceeding ten (10) miles
21 by the nearest public highway to and from such schools; and
22 (ii) pupils who regularly attend nonpublic kindergarten,
23 elementary and high schools not operated for profit to and from
24 such schools or to and from any points within or without the
25 Commonwealth in order to provide field trips as herein provided.
26 Such transportation of pupils attending nonpublic schools shall
27 be provided during regular school hours on such dates and
28 periods that the nonpublic school not operated for profit is in
29 regular session, according to the school calendar officially
30 adopted by the directors of the same in accordance with
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1 provisions of law. The board of school directors shall provide
2 such transportation whenever so required by any of the
3 provisions of this act or of any other act of Assembly.
4 (2) The board of school directors in any school district
5 may, if the board deems it to the best interest of the school
6 district, for the purposes of transporting pupils as required or
7 authorized by any of the provisions of this act or of any other
8 act of the Assembly, appropriate funds for urban common carrier
9 mass transportation purposes from current revenues to urban
10 common carrier mass transportation authorities to assist the
11 authorities to meet costs of operation, maintenance, capital
12 improvements, and debt service. Said contributions shall not be
13 subject to reimbursement by the Commonwealth of Pennsylvania.
14 (3) The State Board of Education shall adopt regulations,
15 including qualifications of school bus drivers, to govern the
16 transportation of school pupils.
17 Section 2. The act is amended by adding an article to read:
18 ARTICLE XIII-B.
19 EDUCATIONAL OPPORTUNITY GRANTS.
20 Section 1301-B. Legislative Findings.--(a) The General
21 Assembly finds that:
22 (1) It is the policy of the Commonwealth to enhance the
23 primary right and obligation of parents to choose the education
24 and training of their school-age children.
25 (2) An educated populace is essential to the political and
26 economic health of the Commonwealth.
27 (3) Providing educational opportunities for the children of
28 this Commonwealth is a governmental duty and must be
29 accomplished through innovative approaches and a variety of
30 programming options.
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1 (4) The legitimate interest and governmental duty of the
2 Commonwealth in facilitating education of the highest quality
3 for children of this Commonwealth is enhanced by encouraging
4 competitive and diverse alternatives for parents and students
5 that enable them to choose from both public and nonpublic
6 educational programs.
7 (5) The importance of quality education and the need to
8 maintain and enhance an effective system of education supports
9 the creation of programs to provide for the increased
10 availability of diverse opportunities, including both public and
11 nonpublic programs of education which benefit all citizens of
12 this Commonwealth.
13 (6) Providing parents with nonpublic educational
14 alternatives decreases the burdens on the Commonwealth and
15 increases the range of educational choices available to families
16 of this Commonwealth, thus providing a benefit to all citizens
17 of this Commonwealth.
18 (7) A comparatively far greater proportion of public funds
19 are and, upon implementation of an educational choice program,
20 will continue to be devoted to the benefit of students enrolled
21 in the public schools of this Commonwealth.
22 (8) School-age residents of this Commonwealth, their parents
23 and the Commonwealth in general will benefit from a program of
24 economic assistance which gives parents the ability to choose
25 the educational setting best suited to each child's needs.
26 (9) A program of economic assistance to enhance educational
27 choice in this Commonwealth will better prepare its citizens to
28 compete for employment opportunities, and will foster
29 development of a more capable and a better-educated work force.
30 Section 1302-B. Definitions.--The following words and
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1 phrases when used in this article shall have the meanings given
2 to them in this section unless the context clearly indicates
3 otherwise:
4 "Basic education funding" shall mean a school district's
5 portion as defined by this act of the annual appropriation made
6 by the Commonwealth to the Department of Education for payment
7 of basic education funding to school districts.
8 "Department" shall mean the Department of Education of the
9 Commonwealth.
10 "Educational opportunity grant" or "grant" shall mean a grant
11 awarded to the parents of an eligible grant recipient pursuant
12 to this article.
13 "Eligible grant recipient" shall mean a school-age resident
14 of this Commonwealth who attends or is about to attend a full-
15 time kindergarten, a part-time kindergarten, an elementary
16 school or a secondary school in this Commonwealth on a tuition-
17 paying basis whose parent received taxable income as prescribed
18 in section 1304-B(b)(2) and who resides in any of the following:
19 (1) A county of the first class.
20 (2) In the following counties or townships contiguous to or
21 in close proximity with a city of the first or second class:
22 (i) A county of the second class.
23 (ii) A county of the second class A with a population
24 greater than five hundred forty-five thousand (545,000).
25 (iii) A township of the first class with a population over
26 fifty thousand (50,000).
27 (iv) A township of the second class with a population over
28 fifty thousand (50,000).
29 (3) A county of the third class with a population over three
30 hundred seventy-five thousand (375,000).
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1 (4) A county of the third class with a population greater
2 than two hundred twenty-five thousand (225,000) but less than
3 two hundred forty thousand (240,000).
4 (5) A city of the second class, second class A or of the
5 third class with a population over forty-seven thousand
6 (47,000), except for a city of the third class with a population
7 between seventy thousand (70,000) and seventy-five thousand
8 (75,000).
9 Population figures shall be determined by using the official
10 1990 census as established in 13 U.S.C. (relating to census).
11 School-age residents in these communities shall remain eligible
12 for a grant irrespective of population figures in the official
13 2000 census.
14 "Nonpublic" or "nonpublic school" shall mean any school,
15 other than a public school, located within this Commonwealth
16 where a Commonwealth resident may legally fulfill the compulsory
17 school attendance requirements of this act and which meets the
18 applicable requirements of Title VI of the Civil Rights Act of
19 1964 (Public Law 88-352, 78 Stat. 241). The term includes a
20 full-day or half-day kindergarten program operated by a
21 nonpublic school.
22 "Parent" or "parents" shall mean a Commonwealth resident who
23 is a parent or guardian of, or person in parental relation to, a
24 school-age child.
25 "School" shall mean any public or nonpublic elementary or
26 secondary school located within this Commonwealth where a
27 Commonwealth resident may legally fulfill the compulsory school
28 attendance requirements of this act which meets the applicable
29 requirements of Title VI of the Civil Rights Act of 1964 (Public
30 Law 88-352, 78 Stat. 241). The term includes a full-time or
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1 part-time kindergarten program operated by a school. The term
2 does not include an approved private school as provided for in
3 section 1376 or a charter school as provided in section 1376.1
4 or a charter school established under Article XVII-A.
5 "School-age" shall mean the age of a child from the earliest
6 admission age to a school's kindergarten program until the age
7 of twenty-one (21) years or graduation from high school,
8 whichever occurs first.
9 "Secretary" shall mean the Secretary of Education of the
10 Commonwealth.
11 "Student" shall mean a school-age resident of this
12 Commonwealth who attends or is about to attend a full-day
13 kindergarten, a half-day kindergarten, an elementary school or a
14 secondary school within this Commonwealth.
15 "Taxable income" shall mean the term as defined in section 63
16 of the Internal Revenue Code of 1986 (Public Law 99-514, 26
17 U.S.C. § 1 et seq.) or the corresponding provision of any
18 successor statute and reported by the parent of an eligible
19 grant recipient on the parent's Federal income tax return as
20 taxable income during the calendar year immediately preceding
21 the beginning of the school year for which an educational
22 opportunity grant is sought. For individuals who are not
23 required to file a Federal income tax return, the term shall
24 mean all income from whatever source derived, calculated as if
25 that individual was required to file a Federal income tax
26 return.
27 Section 1303-B. Public Schools.--(a) Beginning with the
28 1999-2000 school year, every public school student in this
29 Commonwealth shall be permitted to attend the public school
30 selected by the student's parents, unless any of the following
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1 occurs:
2 (1) The public school selected has no additional attendance
3 slots and the district so notifies the department and the
4 student within the time limitations established by the
5 department.
6 (2) The student's attendance would place either the
7 receiving school district or the student's district of residence
8 in violation of a valid and binding desegregation order.
9 (3) The public school requested does not offer appropriate
10 programs or is not structured or equipped with the necessary
11 facilities to meet the special needs of the student or does not
12 offer a particular program requested.
13 (4) The student has been expelled or is in the process of
14 being expelled pursuant to sections 1317.2 and 1318 and
15 applicable regulations of the State Board of Education.
16 (5) The student does not meet the established eligibility
17 criteria for participation in magnet schools or in schools with
18 specialized academic missions.
19 (b) (1) The parents of a school-age student who is
20 attending or about to attend a public school may apply to up to
21 three public schools which the student wishes to attend during
22 the 1999-2000 school year and every school year thereafter. The
23 application shall be on a form provided by the department. For
24 the 1999-2000 school year, the application shall be made no
25 later than July 15. In subsequent years the deadline for filing
26 applications shall be March 1 preceding the school term which
27 commences in that year. The school district shall notify the
28 parents not later than August 15, 1999, for the 1999-2000 school
29 year and not later than May 1 preceding the school term which
30 commences in subsequent years, whether or not the application
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1 has been accepted. If the application is not made in a timely
2 fashion or cannot be approved pursuant to subsection (a), the
3 student's district of residence shall use its normal procedures
4 to determine the public school within that district to which the
5 student shall be assigned.
6 (2) The Commonwealth shall make payment, pursuant to the
7 schedule contained in section 2517, to each public school
8 district, area vocational-technical school or intermediate unit
9 which accepts a nonresident student under this section in the
10 following manner:
11 (i) The Commonwealth shall pay on a current year basis from
12 current year appropriations for educational opportunity grants
13 to each school district, area vocational-technical school or
14 intermediate unit which accepts a nonresident student, on a
15 tuition basis, an amount equal to the greater of the per pupil
16 basic education funding of the student's school district of
17 residence or of the receiving school district. A student
18 attending a public school outside the student's district of
19 residence shall not be included in the average daily membership
20 of any school district for the purpose of determining the basic
21 education funding.
22 (ii) For a nonresident student defined as a "child with
23 exceptionalities" under section 1371, who receives a grant, the
24 district of residence shall not be required to pay more for
25 services provided to the student by the receiving district than
26 the difference between the current year budgeted cost of the
27 services, had the student remained in the district of residence,
28 and the sum of the grant plus the per pupil basic education
29 funding. The district of residence shall provide the receiving
30 district with documentation of the prior year's cost of services
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1 provided to the student and the budgeted cost of providing those
2 services in the current year had the student remained in the
3 district of residence. Additional costs shall be borne by the
4 receiving school district.
5 (iii) For a nonresident student who is not a grant recipient
6 and who is defined as a "child with exceptionalities" under
7 section 1371, the district of residence shall not be required to
8 pay more for services provided to the student by the receiving
9 district than the difference between the current year budgeted
10 cost of the services, had the student remained in the district
11 of residence, and the per pupil basic education funding credited
12 to the grant recipient. The district of residence shall provide
13 the receiving district with documentation of the prior year's
14 cost of services provided to the student and the budgeted cost
15 of providing those services in the current year had the student
16 remained in the district of residence. Additional costs shall be
17 borne by the receiving school district.
18 (iv) A student receiving services under subclause (ii) or
19 (iii) shall be included in the average daily membership of the
20 student's district of residence for the purpose of determining
21 special education funding pursuant to section 2509.5.
22 (3) In addition to the grant awarded to the parents of an
23 eligible grant recipient attending a public school outside the
24 grant recipient's district of residence, an amount equal to the
25 greater of the per pupil basic education funding credit in the
26 grant recipient's district of residence or of the receiving
27 school district shall be credited toward the tuition charged to
28 that student by the receiving district. Should the grant award
29 plus the per pupil basic education funding credit exceed the
30 tuition charge of the receiving school district, the grant award
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1 shall be reduced by the amount in excess of the tuition charge.
2 Should the grant award plus the per pupil basic education
3 funding credit not be sufficient to meet the tuition charge of
4 the receiving school district, an amount equal to thirty-three
5 and one-third (33 1/3) per centum of the balance of the charge
6 shall be payable by the eligible grant recipient's parents and,
7 along with the grant and the per pupil basic education funding
8 credit, and shall be deemed to be payment in full of the
9 receiving district's tuition charge. In the case of a student
10 who is not eligible for a grant, only the per pupil basic
11 education funding authorized by this subsection shall be applied
12 toward the tuition charge of the receiving school district. The
13 student's parents shall pay an amount equal to thirty-three and
14 one-third (33 1/3) per centum of the balance of the charge which
15 shall be deemed to be payment in full of the receiving
16 district's tuition charge: Provided, however, That funding for a
17 nonresident student defined as a "child with exceptionalities"
18 under section 1371 shall be provided pursuant to clause
19 (2)(ii)(iii) and (iv).
20 (4) Each school district, area vocational-technical school
21 or intermediate unit in its sole discretion, shall determine by
22 resolution the number of available attendance slots on an annual
23 basis at each age or grade level at each of its public schools
24 and shall report that number to the department each year by a
25 date to be established by the department. The department shall
26 not have any authority to abrogate or modify a determination of
27 a school entity regarding the number of available attendance
28 slots. In determining and allocating attendance slots, each
29 school district shall provide for the accommodation of any
30 resident student of the district who desires to attend a
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1 particular public school in the district, giving first
2 preference to students residing within a school's attendance
3 boundary. After providing for the attendance of the remaining
4 resident students, the school district shall give first
5 preference to nonresident students who were in attendance in the
6 district's schools during the immediately preceding school term.
7 If sufficient slots are not available to accommodate nonresident
8 students who were in attendance in the district's schools during
9 the immediately preceding school term, available slots shall be
10 allocated through a publicly conducted lottery among these
11 students. Should any attendance slots remain available after
12 providing for nonresident students who were in attendance during
13 the preceding term, the slots shall be filled by the
14 superintendent or his designee, through a publicly conducted
15 lottery from the pool of all remaining qualified applicants who
16 have made timely application. With the exception of magnet
17 schools or schools with specialized academic missions, selection
18 procedures shall not include eligibility criteria in the
19 allocation of available slots.
20 Section 1304-B. Educational Opportunity Grants.--(a)
21 Educational opportunity grants authorized under this article
22 shall be made from and limited to annual appropriations made by
23 the General Assembly to the department for this purpose. In the
24 event that insufficient moneys are appropriated in any fiscal
25 year to provide grants to all parents of eligible grant
26 recipients in the full amount authorized, the department shall
27 make pro rata reductions in the amount of the grant provided to
28 each parent.
29 (b) The department shall administer a program of educational
30 opportunity grant awards to be made annually to the parents of
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1 each eligible grant recipient subject to the following:
2 (1) Grants shall be made only for the payment of tuition at
3 a school within this Commonwealth. Grants shall not be made for
4 a home education program provided pursuant to section 1327.1.
5 (2) For the school year 1999-2000, a grant shall be
6 available only to eligible grant recipients whose parents
7 received annual taxable income which did not exceed fifteen
8 thousand dollars ($15,000). For the school year 2000-2001, a
9 grant shall be available only to eligible grant recipients whose
10 parents received taxable income which did not exceed twenty-five
11 thousand dollars ($25,000). For the school year 2001-2002, a
12 grant shall be available only to eligible grant recipients whose
13 parents received taxable income which did not exceed thirty-five
14 thousand dollars ($35,000). For the school year 2002-2003, a
15 grant shall be available only to eligible grant recipients whose
16 parents received taxable income which did not exceed fifty
17 thousand dollars ($50,000). For the school year 2003-2004, a
18 grant shall be available only to eligible grant recipients whose
19 parents received taxable income which did not exceed seventy-
20 five thousand dollars ($75,000). The yearly taxable income limit
21 shall be published by the department as a notice in the
22 Pennsylvania Bulletin.
23 (3) For the school years 1999-2000 through 2003-2004, the
24 grant shall be the lesser of seven hundred dollars ($700) or an
25 amount equal to ninety (90) per centum of the actual amount of
26 tuition:
27 (i) for an eligible grant recipient enrolled in a full-day
28 kindergarten program meeting the requirements relating to
29 minimum hours or days of instruction in section 1327; or
30 (ii) for an eligible grant recipient enrolled in any grade
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1 one (1) through eight (8).
2 (4) For the school years 1999-2000 through 2003-2004, the
3 grant shall be the lesser of three hundred fifty dollars ($350)
4 or an amount equal to ninety (90) per centum of the actual
5 amount of tuition for an eligible grant recipient enrolled in a
6 half-day kindergarten program meeting the requirements of this
7 act.
8 (5) For the school years 1999-2000 through 2003-2004, a
9 grant for an eligible grant recipient whose parents received
10 taxable income which did not exceed fifteen thousand dollars
11 ($15,000) shall be two times the grant level established in
12 clauses (3) and (4) but in no case shall the grant exceed an
13 amount equal to ninety (90%) per centum of the actual amount of
14 tuition.
15 (6) For the school years 2000-2001 through 2003-2004, a
16 grant for an eligible grant recipient who was enrolled in grade
17 eight in the prior school year and who is enrolled in grade nine
18 through twelve in a subsequent school year, shall be the grant
19 level received during the eighth grade under clause (3), (4) or
20 (5).
21 Section 1305-B. Administration.--(a) The department shall
22 adopt guidelines to establish:
23 (1) an application form and approval process;
24 (2) standards for verification of the accuracy of
25 application information;
26 (3) confirmation of attendance;
27 (4) pro rata refunds of grants for students who withdraw
28 during the school year;
29 (5) repayment of refunded grants to the department;
30 (6) reasonable deadlines for submission of applications; and
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1 (7) the general establishment and operation of the grant
2 program and basic education funding payments.
3 The department shall announce the award of grants no later than
4 August 15 for the 1999-2000 school year and thereafter as
5 provided in the guidelines. If a grant recipient is no longer
6 enrolled prior to the completion of the school term, the school
7 shall send written notice to the department. The guidelines
8 shall be published in the Pennsylvania Bulletin. A copy of the
9 guidelines shall be mailed by the department to each school
10 district and nonpublic school in this Commonwealth.
11 (b) Adjudications under this article shall be subject to 2
12 Pa.C.S. (relating to administrative law and procedure).
13 (c) Grants shall be paid to the parent of an eligible
14 recipient upon receipt of written confirmation of enrollment
15 from the school. If a grant recipient is no longer enrolled
16 prior to the end of the school term, the school shall notify the
17 department in writing within seven (7) days.
18 (d) The department shall adopt procedures to assist school
19 districts to develop and distribute public information
20 concerning educational choice programs. In addition to other
21 public information programs used by the department, procedures
22 for dissemination of public information shall be published in
23 the Pennsylvania Bulletin and shall be mailed by the department
24 to each school district and nonpublic school in this
25 Commonwealth.
26 (e) The accuracy of the application shall be verified in
27 writing by the parents. The application shall also include a
28 verified statement from the school district or nonpublic school
29 setting forth the educational program for which a grant is
30 sought and attesting to the enrollment of the eligible grant
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1 recipient and the tuition charge. Each year the department shall
2 verify the accuracy of grant applications through a random audit
3 process. The audit process may include requesting a copy of the
4 applicant's applicable Federal income tax return or other
5 evidence of the applicant's financial status. If the applicant
6 is not required to submit a Federal income tax return, income
7 shall be verified by appropriate documentation requested by the
8 department. An applicant who fails to submit information and
9 documentation requested by the department without a showing
10 satisfactory to the department that the information or
11 documentation is unavailable and without offering substitute
12 documentation satisfactory to the department shall forfeit
13 eligibility for a grant until a copy of the required
14 documentation has been received by the department. Income
15 verification under this subsection may also be used when the
16 department has probable cause to believe an applicant has
17 submitted incorrect income information. Copies of Federal tax
18 returns and other income information and documentation received
19 pursuant to this subsection shall be confidential. Department
20 personnel shall be subject to all disclosure and penalty
21 provisions of section 353 (f) of the act of March 4, 1971
22 (P.L.6, No.2), known as the "Tax Reform Code of 1971."
23 (f) If a student attends a public school outside the
24 student's district of residence and the receiving school
25 district has received per pupil basic education funding for the
26 student and the student is no longer enrolled prior to
27 completion of the school term, the receiving district shall
28 refund a pro rata portion of the per pupil basic education
29 funding for the balance of the school year to the department
30 within ten (10) days of determining that the student is no
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1 longer enrolled.
2 (g) (1) If a grant recipient is no longer enrolled in a
3 school and is not subsequently timely enrolled in another full-
4 day kindergarten, half-day kindergarten, or elementary or
5 secondary program, the parent of the grant recipient shall
6 submit the full amount of a pro rata grant refund payment to the
7 department within thirty (30) days of receipt of notification
8 that the payment is due. If the parent fails to submit the pro
9 rata grant refund, the department may impose interest on the
10 amount owed by the parent. Interest shall be calculated from the
11 due date at the rate determined by the Secretary of Revenue for
12 interest payments on overdue taxes or the refund of taxes as
13 provided in sections 806 and 806.1 of the act of April 9, 1929
14 (P.L.343, No.176), known as "The Fiscal Code." Should the
15 parents of the grant recipient fail to submit the full amount of
16 the refund to the department within one hundred eighty (180)
17 days of a written demand therefore, the department may also
18 impose a civil penalty not to exceed the full amount of the
19 annual grant award made to the parents and disqualify the grant
20 recipient from eligibility for an educational opportunity grant
21 for a period of up to two (2) years.
22 (2) In addition to the penalties in clause (1), any parent
23 who fraudulently submits a grant application or who knowingly
24 falsifies information on a grant application or other
25 documentation submitted to the department shall be subject to
26 imposition by the department of a civil penalty of up to five
27 thousand dollars ($5,000) and shall be disqualified from
28 participation in the educational opportunity grant program for a
29 period of up to five (5) years.
30 (3) In addition to the penalties contained in clauses (1)
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1 and (2), any parent who fails to make a required refund to the
2 department or who fraudulently submits a grant application or
3 who knowingly falsifies information on a grant application or
4 other documentation submitted to the department shall reimburse
5 the department for the full amount of any grant or pro rata
6 refund received by the parent.
7 (4) Any school that wilfully fails to provide timely notice
8 that a student is no longer enrolled as prescribed by department
9 guidelines, shall be subject to imposition by the department of
10 a civil penalty not to exceed one thousand dollars ($1,000) for
11 each failure.
12 (5) Any parent who is convicted of or who pleads guilty or
13 nolo contendere to a charge of fraudulently submitting or
14 knowingly falsifying a grant application or fraudulently or
15 knowingly failing to timely reimburse the department for the pro
16 rata refund of a grant shall be guilty of a misdemeanor of the
17 third degree and shall be subject to a fine of up to five
18 thousand dollars ($5,000) and/or to imprisonment for up to one
19 (1) year.
20 (6) Any school, person or entity that is convicted of or
21 pleads guilty or nolo contendere to fraudulently or wilfully
22 submitting, or causing to be submitted false or misleading
23 information shall be guilty of a misdemeanor of the third degree
24 and shall be subject to a fine of up to five thousand dollars
25 ($5,000) and/or to imprisonment for up to one (1) year.
26 (h) Notwithstanding any other provision of law, procedures
27 and guidelines under this article shall not be subject to
28 review, regulation or approval by the State Board of Education.
29 (i) Nothing in this article shall be construed to empower
30 the Commonwealth or any of its agencies or officers or political
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1 subdivisions to impose any additional requirements on any
2 nonpublic school which are not otherwise authorized under the
3 laws of this Commonwealth or to require any nonpublic school to
4 accept eligible grant recipients if the nonpublic school does
5 not offer appropriate programs or is not structured or equipped
6 with the necessary facilities to meet the special needs of the
7 student or does not offer a particular program requested.
8 (j) Educational opportunity grant funds received by a parent
9 of an eligible grant recipient under this article shall not be
10 considered to be taxable income for purposes of Article III of
11 the "Tax Reform Code of 1971," nor constitute financial
12 assistance or appropriations to the educational institution
13 attended by the grant recipient.
14 (k) No nonpublic school may be compelled to accept or enroll
15 eligible grant recipients.
16 (l) No school may charge a grant recipient a higher tuition
17 than the student would have been charged without receiving a
18 grant.
19 (m) (1) Except as provided in clause (2), the provisions of
20 this article are severable. If any provision of this article or
21 its application to any person or circumstances is finally
22 determined to be invalid, the invalidity shall not affect other
23 provisions or applications of this article which can be given
24 effect without the invalid provision or application.
25 (2) (i) If the provision in section 1303-B(b)(4) which
26 empowers school entities to determine the number of attendance
27 slots on an annual basis at each age or grade level at each
28 public school is finally determined to be invalid by an
29 appellate court of competent jurisdiction, this article shall be
30 invalid.
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1 (ii) If the statutory authority for the award of educational
2 opportunity grants to parents of students attending nonpublic
3 schools is finally determined by an appellate court of competent
4 jurisdiction to be unconstitutional, then the award of
5 educational opportunity grants to parents of students attending
6 public school shall be invalid. If the statutory authority for
7 the award of educational opportunity grants to parents of
8 students attending public schools is finally determined by an
9 appellate court of competent jurisdiction to be
10 unconstitutional, then the award of educational opportunity
11 grants to parents of students attending nonpublic schools shall
12 be invalid.
13 (n) If the award of educational opportunity grants to
14 parents of students attending public or nonpublic schools is
15 enjoined or otherwise delayed by a court of competent
16 jurisdiction, the five-year schedule under section 1304-B,
17 established for the awarding of grants and the basic education
18 funding base established in section 2502.36 shall begin with the
19 school year commencing after:
20 (1) If an injunction or delay occurs in a court of this
21 Commonwealth, final determination of the Pennsylvania Supreme
22 Court or an intermediate appellate court of this Commonwealth,
23 so long as in the latter case, further review has been either
24 precluded or denied.
25 (2) If an injunction occurs in Federal court, final
26 determination by the United States Supreme Court or the Third
27 Circuit Court of Appeals, so long as in the latter case further
28 appeal or review has been precluded or denied.
29 Section 1306-B. Time Period for Program.--Provisions of this
30 article pertaining to the award of educational opportunity
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1 grants shall terminate five (5) years after the effective date
2 of this article or five (5) years after the commencement of the
3 educational opportunity grant program under this article,
4 whichever is later, unless reenacted. This section shall not
5 apply to provisions relating to the selection of a public school
6 by a parent, which the parent's child will attend and the per
7 pupil basic education funding, transportation and other
8 provisions related to that choice.
9 Section 1307-B. Report.--(a) No later than February 1,
10 2001, and no later than January 1 each year thereafter, the
11 secretary shall submit a report to the Governor and the
12 Appropriations Committee and the Education Committee of the
13 Senate and the Appropriations Committee and Education Committee
14 of the House of Representatives, which shall include the
15 following:
16 (1) The total number of educational opportunity grants
17 awarded to students attending public schools outside their
18 district of residence and students attending nonpublic schools.
19 (2) From the information provided on the grant application
20 forms filed pursuant to section 1305-B(d).
21 (i) The number and amounts of grants awarded.
22 (ii) The schools for which grants were sought.
23 (iii) The tuition charge for the schools in which grant
24 recipients were enrolled.
25 (3) The number of grant recipients who subsequently withdrew
26 from their original enrollment choice.
27 (4) The number of public school students who were not grant
28 recipients but attended a public school outside their district
29 of residence.
30 (5) The number of exceptional students who attended a school
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1 outside their district of residence, and for whom the resident
2 district forwarded funding for their special education services.
3 (6) An estimate of additional transportation costs to public
4 school districts under this article.
5 (7) The number of persons or schools for whom penalties were
6 assessed under the provisions of section 1305-B(f). In no case
7 shall the individual names of educational opportunity grant
8 recipients or their parents be included in the report.
9 Section 1308-B. Evaluation.--(a) On February 1 of the
10 fourth year of the implementation of the educational opportunity
11 grant program under section 1304-B, the Governor shall provide
12 for an independent evaluation of the educational opportunity
13 grant program. The evaluation report shall be provided to the
14 Governor and the General Assembly by December 1 of the same
15 calendar year.
16 (b) The department shall solicit requests for proposals for
17 the evaluation of the educational opportunity grant program. The
18 proposals shall be available for public inspection at least
19 thirty (30) days prior to the awarding of the contract for the
20 evaluation. The evaluation procedure shall include the receipt
21 of public comments on the educational opportunity grant program.
22 (c) The evaluation shall consider where available:
23 (1) the levels of academic performance of students in public
24 schools, students receiving educational opportunity grants to
25 attend public and nonpublic schools, and students who are not
26 grant recipients who attend a public school outside of their
27 district of residence under section 1303-B;
28 (2) academic and extracurricular programs available for the
29 education of students in all public schools and public and
30 nonpublic schools with students receiving educational
19990H1374B1607 - 22 -
1 opportunity grants;
2 (3) parental involvement in the activities of all public
3 schools and nonpublic schools enrolling students receiving
4 educational opportunity grants; and
5 (4) parental satisfaction with the educational opportunity
6 grant and public school choice programs under this article.
7 (d) The department shall provide technical and other
8 assistance to facilitate completion of the report.
9 (e) The evaluation shall not include any listing of programs
10 or contain any assessments or measurements which address or
11 measure the attitudes, values or personal beliefs of the
12 students attending a school under the educational opportunity
13 grant program or public school choice options provided in this
14 article.
15 (f) A nonpublic school shall only be required to provide
16 information for the independent evaluation to the extent that
17 the information required under subsection (c) is readily
18 available and does not require the administration of any
19 additional tests or other academic assessments or require
20 significant additional data collection by the school.
21 Section 3. Section 1726-A of the act, added June 19, 1997
22 (P.L.225, No.22), is amended to read:
23 Section 1726-A. Transportation.--Students who reside in the
24 school district in which the charter school is located or who
25 are residents of a school district which is part of a regional
26 charter school shall be provided transportation to the charter
27 school on the same terms and conditions as transportation is
28 provided to students attending the schools of the district.
29 School districts of the first class shall also provide
30 transportation to such students if they are of the same age or
19990H1374B1607 - 23 -
1 are enrolled in the same grade, grades or their grade
2 equivalents, as any students of the district for whom
3 transportation is provided under any other program or policy to
4 the schools of the district. Nonresident students shall be
5 provided transportation under section 1361. Districts providing
6 transportation to a charter school outside the district shall be
7 eligible for payments under section 2509.3 for each public
8 school student transported.
9 Section 4. The act is amended by adding sections to read:
10 Section 2502.36. Basic Education Funding Base.--
11 Notwithstanding any other provisions of this act, for the 1999-
12 2000 school year through the school year 2003-2004, a school
13 district of residence for a student attending a public or
14 nonpublic school under Article XIII-B shall not receive less in
15 basic education funding as established in section 2502.13 and
16 2502.35, and its successor provisions, than it received in the
17 prior school year.
18 Section 2502.37. Unexpended Basic Education Funding.--(a)
19 No later than March 1 of the fourth school year in which the
20 expiration of the five-year pilot period for educational
21 opportunity grants as provided in section 1306-B would occur,
22 the department shall submit to the Appropriations Committee and
23 Education Committee of the Senate and the Appropriations
24 Committee and Education Committee of the House of
25 Representatives an estimate of all funds not expended under
26 basic education funding, as defined in Article XIII-B, by the
27 Commonwealth for students attending a nonpublic school with an
28 educational opportunity grant under section 1304-B. The estimate
29 shall be made by determining the number of students who were
30 enrolled in a public school in their district of residence
19990H1374B1607 - 24 -
1 during the school year prior to the implementation of the
2 educational opportunity grant program and who attend a nonpublic
3 school in the fall of the fourth school year of the five-year
4 implementation period of the grant program using an educational
5 opportunity grant under section 1304-B.
6 (b) For the first school year following the five-year
7 implementation period under section 1306-B, the Commonwealth
8 shall provide funds equivalent to the estimated basic education
9 funding not expended under subsection (a). The funds shall be
10 paid on an equal per pupil basis to school districts with market
11 value/income aid ratios equal to or greater than five thousand
12 ten-thousandths (.5000) and which are in whole, or in part,
13 located within counties of the fifth through eighth class. The
14 board of directors of a school district shall use the funds:
15 (1) for professional development activities for staff to
16 enable students to attain State and local academic standards;
17 (2) to hire additional teaching staff to reduce class sizes
18 in grades kindergarten through three;
19 (3) to hire additional special education teachers and
20 classroom aids; or
21 (4) to address other expenses of providing special education
22 services to students who are defined as exceptional under
23 section 1371. The funds shall not be used for administrative or
24 legal expenses incurred in providing special education services.
25 (c) The submission date for the information required under
26 subsection (a) shall be postponed to coincide with section 1306-
27 B if the implementation of the educational opportunity grant
28 program in section 1304-B is delayed.
29 Section 5. Section 2509.3 of the act, amended April 27, 1998
30 (P.L.270, No.46), is amended to read:
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1 Section 2509.3. Payments on Account of Certain Interdistrict
2 School Transportation and Transportation of Nonpublic School
3 Pupils.--Each school district, regardless of classification,
4 shall be paid by the Commonwealth the sum of thirty-five dollars
5 ($35) for each nonpublic school pupil transported in the school
6 year 1978-1979 through the school year 1983-1984. For the school
7 year 1984-1985 through the school year 1989-1990, each school
8 district shall be paid the sum of seventy dollars ($70) for each
9 nonpublic school pupil transported. For the school years 1990-
10 1991 and 1991-1992, each school district shall be paid the sum
11 of one hundred twenty-four dollars ($124) for each nonpublic
12 school pupil transported. For the school year 1992-1993 and the
13 1993-1994 school year, each school district shall be paid the
14 sum of one hundred fifty-nine dollars ($159) for each nonpublic
15 school pupil transported. For the school year 1994-1995 through
16 the school year 1996-1997, each school district shall be paid
17 the sum of two hundred dollars ($200) for each nonpublic school
18 pupil transported. For the school year 1997-1998 and each school
19 year thereafter, each school district shall be paid the sum of
20 two hundred eighty-five dollars ($285) for each nonpublic school
21 pupil transported[.] and for each charter school pupil
22 transported to a charter school outside the district boundaries.
23 For the school year 1999-2000, and each school year thereafter,
24 each district shall be paid the sum of two hundred eighty-five
25 dollars ($285) for each public school pupil transported to a
26 public school outside the school district pursuant to Article
27 XIII-B.
28 Section 6. Section 2541(d) of the act, amended November 20,
29 1979 (P.L.465, No.97), is amended to read:
30 Section 2541. Payments on Account of Pupil Transportation.--
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1 * * *
2 (d) The Commonwealth shall reimburse the school districts
3 for the school year 1973-1974 and for each year thereafter for
4 the approved reimbursable costs incurred in providing
5 transportation under section 1361 for students attending a
6 public school or a charter school outside of their district of
7 residence pursuant to Article XIII-B, for nonpublic school
8 pupils and under section 1362 for hazardous conditions:
9 Provided, however, That no district shall receive less than
10 fifty percent (50%) of such approved reimbursable costs.
11 * * *
12 Section 7. Section 2561 of the act, amended or added
13 September 11, 1959 (P.L.873, No.348), July 25, 1963 (P.L.281,
14 No.151), December 17, 1982 (P.L.1378, No.316), June 7, 1993
15 (P.L.49, No.16) and June 25, 1997 (P.L.297, No.30), is amended
16 to read:
17 Section 2561. Tuition Charges for Pupils of Other
18 Districts.--(a) A school district or vocational school district
19 receiving elementary or high school pupils or vocational or
20 other extension education pupils who are residents of another
21 school district or another vocational school district shall
22 compute the tuition charges as follows:
23 (1) General. Add the salaries of secretaries, treasurers,
24 auditors, superintendents, the cost of library books, the
25 salaries of librarians, lectures, health, medical, nurse and
26 dental services, the wages of janitors, and other comparable
27 employes, the cost of fuel, water, light and power, telephone
28 rentals and tolls, the cost of maintenance of school plant,
29 including ordinary repairs, but not including alterations or
30 remodeling, the cost of care of school grounds, premiums on fire
19990H1374B1607 - 27 -
1 and workmen's compensation insurance, the cost of attendance at
2 teachers' institutes, and the district's contribution to the
3 retirement fund and social security contribution fund on behalf
4 of the above listed employes incurred for the school year
5 immediately preceding, and divide the sum so obtained by the
6 total number of pupils in average daily membership in the
7 receiving district's public schools during the school year
8 immediately preceding. The quotient so obtained shall be
9 designated the "overhead cost per pupil."
10 (2) Elementary Tuition Charge. Add the salaries of
11 supervisors, principals, clerks, assistants and teachers
12 employed in the receiving district's elementary schools, the
13 district's contribution to the retirement fund and social
14 security contribution fund on behalf of teachers, supervisors
15 and principals employed in the district's elementary schools,
16 the cost of textbooks, and supplies of the second class used in
17 the district's elementary schools incurred for the school year
18 immediately preceding, and divide the sum so obtained by the
19 total number of pupils in average daily membership in the
20 receiving district's elementary schools during the school year
21 immediately preceding. The quotient so obtained shall be
22 designated as the "instruction cost per elementary pupil." Add
23 to the instruction cost per elementary pupil, the overhead cost
24 per pupil and a rental charge of eight dollars ($8) per pupil
25 for the use of the receiving district's school plant. For the
26 school years 1952-1953 and 1953-1954 only, but not thereafter,
27 deduct from the amount so obtained the per pupil State
28 appropriation on account of elementary school teaching units.
29 The cost so determined shall be the "tuition charge per
30 elementary pupil."
19990H1374B1607 - 28 -
1 (3) High School Tuition Charge. Add the salaries of
2 supervisors, principals, clerks, assistants and teachers
3 employed in the receiving district's high schools, the
4 district's contribution to the retirement fund and social
5 security contribution fund on behalf of teachers, supervisors
6 and principals employed in the district's high schools, the cost
7 of textbooks and supplies of the second class used in the
8 district's high schools incurred for the school year immediately
9 preceding, and divide the sum so obtained by the total number of
10 pupils in average daily membership in the receiving district's
11 high schools during the school year immediately preceding. The
12 quotient so obtained shall be designated as the "instruction
13 cost per high school pupil." Add to the instruction cost per
14 high school pupil the overhead cost per pupil and a rental
15 charge of eighteen dollars ($18) per pupil for the use of the
16 receiving district's school plant. For the school years 1952-
17 1953 and 1953-1954 only, but not thereafter, deduct from the
18 amount so obtained the per pupil State appropriation on account
19 of high school teaching units. The cost so determined shall be
20 the "tuition charge per high school pupil." Upon the request of
21 the receiving district, the "tuition charge per high school
22 pupil" shall be computed separately for pupils attending junior
23 high school and pupils attending senior high school.
24 (4) Vocational or Other Extension Tuition Charge. Add the
25 salaries of administrators, supervisors, instructors, clerks and
26 custodians specifically employed in the school district's or
27 vocational school district's annual program of Vocational or
28 other Extension Education, the cost of textbooks, and supplies
29 of the second class issued for the program incurred for the
30 school year immediately preceding. A charge of five cents (.05)
19990H1374B1607 - 29 -
1 per pupil hour of instruction for the district overhead and
2 plant usage. Subtract from the sum so obtained the amount of
3 State appropriation applicable. The remainder shall be
4 designated as the "district cost for vocational or other
5 extension education." Determine the total pupil hours of
6 instruction during the school year immediately preceding, divide
7 the "district cost for vocational or other extension education"
8 by the total pupil hours of instruction. The cost so determined
9 shall be the "vocational or other extension tuition charge per
10 pupil hour of instruction.
11 (5) A school district shall compute the tuition charges for
12 pupils who are residents of another school district for
13 budgetary purposes at the beginning of each school year, and
14 shall use the expenses of the next preceding school year as a
15 basis for such computation. At the end of each school year, the
16 tuition charges shall again be computed and be based on the
17 actual expenses for the school year immediately preceding and
18 the tuition charges for non-resident pupils shall then be
19 adjusted in accordance with this latter computation. The school
20 district in which the non-resident pupil is a legal resident
21 shall pay the tuition charges in accordance with the computation
22 based upon these actual expenses.
23 (6) When the public school district administers and delivers
24 the educational services required by this act to a child
25 referred to an institution, pursuant to a proceeding under 42
26 Pa.C.S. Ch. 63 (relating to juvenile matters), at the
27 institution itself, the tuition to be charged to the district of
28 residence of such child shall be one and one-half times the
29 amount determined in accordance with clauses (1) through (5),
30 but not to exceed the actual cost of the educational services
19990H1374B1607 - 30 -
1 provided to such child.
2 (7) Special Education Tuition Charge. When the receiving
3 district voluntarily receives exceptional children, the
4 receiving district and sending district may agree that the
5 sending district will pay a special education charge in addition
6 to the applicable tuition charge. Such special education charge
7 shall be an amount as determined by the two school districts.
8 (b) The provisions of this section shall apply to the
9 calculation of a tuition charge by a school district for a
10 nonresident student attending a school within that district
11 under the provisions of Article XIII, except for a "child with
12 exceptionalities" as defined in section 1371. The provision of
13 this section shall not establish the tuition payment to be made
14 by a nonresident student attending the district under the
15 provisions of Article XIII-B. The provisions of Article XIII-B
16 shall supersede the provision of this section regarding the
17 tuition payment made by a nonresident student.
18 Section 8. The Department of Education shall, within 120
19 days of the effective date of this act, adopt and publish such
20 guidelines and procedures as may be required to fully implement
21 Article XIII-B of the act. The initial guidelines and procedures
22 shall not be subject to the act of June 25, 1982 (P.L.633,
23 No.181), known as the Regulatory Review Act.
24 Section 9. The amendment of section 1726-A of the act shall
25 be retroactive to July 1, 1998.
26 Section 10. This act shall take effect immediately.
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