PRINTER'S NO. 2829
No. 2169 Session of 2000
INTRODUCED BY FLICK, KREBS, McILHATTAN, STEVENSON, ADOLPH,
ARGALL, BELFANTI, BROWNE, L. I. COHEN, DAILEY, DALEY,
FAIRCHILD, FRANKEL, FREEMAN, GEORGE, GORDNER, GRUCELA,
HARHAI, HESS, JOSEPHS, MARKOSEK, McCALL, PESCI, RAMOS,
RAYMOND, ROSS, RUBLEY, SEYFERT, SHANER, STEELMAN, STURLA,
E. Z. TAYLOR, TIGUE, TRAVAGLIO, TRELLO, TULLI, VAN HORNE,
WALKO, WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK,
JANUARY 4, 2000
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 4, 2000
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 community
6 college reimbursement for noncredit courses.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1913-A(b) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended June 7, 1993 (P.L.49, No.16) and June 26, 1999 (P.L.
12 , No.36), is amended to read:
13 Section 1913-A. Financial Program; Reimbursement or
14 Payments.--* * *
15 (b) (1) For the 1993-1994 fiscal year and for each fiscal
16 year thereafter, the Commonwealth shall pay to a community
17 college on behalf of the sponsor on account of its operating
1 costs during the fiscal year from funds appropriated for that
2 purpose an amount equal to the lesser of such college's variable
3 State share ceiling as determined in clause (1.3) or such
4 college's equivalent full-time student reimbursement as
5 determined in clause (1.4).
6 (1.2) The Secretary of Education, in consultation with the
7 community colleges, shall promulgate standards for credit
8 courses and for noncredit courses that will be eligible for
9 Commonwealth reimbursement. The standards shall specifically
10 exclude from eligibility for reimbursement any course or program
11 in a vocational or recreational pursuits. The standards shall be
12 promulgated by the beginning of the 1994-1995 fiscal year. Until
13 such standards are promulgated, no community college will be
14 reimbursed for any credit course which was offered by such
15 college as a noncredit course during the college's 1992-1993
16 fiscal year.
17 (1.3) The variable State share ceiling of a community
18 college shall be determined as follows:
19 (i) Subtract the taxable income per person of the local
20 sponsor from the highest taxable income per person of any county
21 in the Commonwealth.
22 (ii) Divide the amount determined under subclause (i) by the
23 difference between the highest taxable income per person of any
24 county in the Commonwealth and the lowest taxable income per
25 person of any county in the Commonwealth.
26 (iii) Multiply the quotient determined under subclause (ii)
27 by one-sixth.
28 (iv) Add one-third to the product determined under
29 [paragraph] subclause (iii).
30 (v) Multiply the sum determined under subclause (iv) by the
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1 community college's operating costs in the year for which
2 reimbursement is being claimed.
3 (vi) The taxable income per person data used in the
4 preceding calculation shall be data certified to the Secretary
5 of Education by the Secretary of Revenue under section 2501(9.1)
6 for school district local sponsors or data otherwise published
7 by the Secretary of Revenue for a municipal local sponsor.
8 (1.4) The equivalent full-time student reimbursement of a
9 community college shall be the sum of credit course, noncredit
10 course and stipend reimbursements. These reimbursements shall be
11 calculated using a reimbursement factor of one thousand and
12 forty dollars ($1,040) for the 1993-1994 fiscal year, of one
13 thousand eighty dollars ($1,080) for the 1994-1995 fiscal year
14 and of one thousand one hundred eighty dollars ($1,180) for the
15 1995-1996 fiscal year and one thousand and two hundred and ten
16 dollars ($1,210) for the 1996-1997 fiscal year and one thousand
17 two hundred sixty dollars ($1,260) for the 1997-1998 fiscal year
18 and the 1998-1999 fiscal year and one thousand three hundred
19 dollars ($1,300) for the 1999-2000 fiscal year and for each year
20 thereafter and shall be determined as follows:
21 (i) Credit course reimbursement shall be calculated by
22 multiplying the reimbursement factor by the number of equivalent
23 full-time students enrolled in credit courses as determined by
24 an audit to be made in a manner prescribed by the State Board of
25 Education.
26 (ii) [Noncredit] Except for courses defined in subclause
27 (iv), noncredit course reimbursement shall be calculated as
28 follows:
29 (A) eighty percent (80%) of the reimbursement factor
30 multiplied by the number of equivalent full-time students
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1 enrolled in eligible noncredit courses for the 1993-1994 fiscal
2 year, as determined by the audit referred to in [paragraph]
3 subclause (i);
4 (B) seventy percent (70%) of the reimbursement factor
5 multiplied by the number of equivalent full-time students
6 enrolled in eligible noncredit courses for the 1994-1995 fiscal
7 year and for each year thereafter, as determined by the audit
8 referred to in [paragraph] subclause (i); or
9 (C) one hundred percent (100%) of the reimbursement factor
10 multiplied by the number of equivalent full-time students
11 enrolled in eligible noncredit public safety courses that
12 provide training for volunteer firefighters and emergency
13 medical services for the 1995-1996 fiscal year and for each year
14 thereafter, as determined by the audit referred to in
15 [paragraph] subclause (i).
16 (iii) Stipend reimbursement on account of a community
17 college's operating costs for all equivalent full-time students
18 enrolled in the following categories of two-year or less than
19 two-year occupational or technical programs, shall be the sum of
20 the following:
21 (A) One thousand one hundred dollars ($1,100) per full-time
22 equivalent student enrolled in advanced technology programs. For
23 the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
24 reimbursement rate shall be calculated at one thousand one
25 hundred seventy-five dollars ($1,175) per full-time equivalent
26 student enrolled in advanced technology programs. For the fiscal
27 year 1998-1999 and each year thereafter, the reimbursement rate
28 shall be calculated at one thousand four hundred sixty dollars
29 ($1,460) per full-time equivalent student enrolled in advanced
30 technology programs. Advanced technology programs are programs
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1 using new or advanced technologies which hold promise for
2 creating new job opportunities, including such fields as
3 robotics, biotechnology, specialized materials and engineering
4 and engineering-related programs.
5 (B) One thousand dollars ($1,000) per full-time equivalent
6 student enrolled in programs designated as Statewide programs.
7 For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
8 reimbursement rate shall be calculated at one thousand seventy-
9 five dollars ($1,075) per full-time equivalent student enrolled
10 in programs designated as Statewide programs. For the fiscal
11 year 1998-1999 and each year thereafter, the reimbursement rate
12 shall be calculated at one thousand three hundred sixty dollars
13 ($1,360) per full-time equivalent student enrolled in programs
14 designated as Statewide programs. A Statewide program is a
15 program which meets one or more of the following criteria:
16 (I) Program enrollment from out-of-sponsor area is twenty
17 per cent or more of the enrollment for the program.
18 (II) A consortial arrangement exists with another community
19 college to cooperatively operate a program or share regions in
20 order to avoid unnecessary program duplication.
21 (C) Five hundred dollars ($500) per full-time equivalent
22 student enrolled in other occupational or technical programs.
23 For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
24 reimbursement rate shall be calculated at five hundred seventy-
25 five dollars ($575) per full-time equivalent student enrolled in
26 other occupational or technical programs. For the fiscal year
27 1998-1999 and each year thereafter, the reimbursement rate shall
28 be calculated at eight hundred sixty dollars ($860) per full-
29 time equivalent student enrolled in other occupational or
30 technical programs.
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1 (iv) Those noncredit courses defined as "workforce
2 development courses" under this subclause shall be reimbursed
3 using one hundred percent (100%) of the reimbursement factor
4 under this clause for credit courses. "Workforce development
5 courses" are those noncredit courses having the specific purpose
6 of providing opportunities for students and incumbent workers to
7 develop and/or upgrade skills necessary or useful in gainful
8 employment, for promotion or other similar opportunities in
9 existing employment, or for learning new job skills, but which
10 do not necessarily lead to an associate degree or other academic
11 award. The subject matter of noncredit workforce development
12 courses may encompass, but is not limited to, instruction in any
13 of the following general areas:
14 (A) Computers and information processing and technology,
15 including the study of both hardware and software applications.
16 (B) Management and supervision, including, but not limited
17 to, team-building training, management and supervisory skills,
18 conflict resolution, interviewing skills, problem solving,
19 developing leadership skills, team and individual decision-
20 making, and the application of Federal and State laws to the
21 workplace.
22 (C) Health-related fields, including, but not limited to,
23 continuing education for registered nurses, licensed practical
24 nurses, critical care nurses, medical assistants, dental
25 assistants and dental hygienists and certification for nurse
26 aides.
27 (D) Vocational, manufacturing and service industries,
28 including, but not limited to, jobs in such fields as welding,
29 machine tool and die-making, electronics, safety, plastics
30 technology, hydraulics, construction, warehouse/materials
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1 management, automotive repair and management, heating,
2 ventilation and air conditioning, and refrigeration.
3 (E) Professional development, including, but not limited to,
4 required continuing education courses, in fields such as real
5 estate, travel industry, early childhood education, child care,
6 food service management and supervision, dietary management and
7 supervision and others as may be defined by the Secretary of
8 Education in consultation with the community colleges and the
9 Pennsylvania Human Resources Investment Council.
10 New categories of noncredit workforce development courses
11 within any of the general areas above may be added upon the
12 recommendation of the Pennsylvania Human Resources Investment
13 Council, and the number of categories expanded or reduced from
14 time to time, as technology advances and the changing nature of
15 jobs in the workplace may require. The priorities of the
16 Commonwealth and its needs for education and training of workers
17 and potential workers shall be considered in changes and
18 additions to the subject matter of workforce development
19 courses. The Secretary of Education shall develop changes in
20 consultation with the community colleges and the Pennsylvania
21 Human Resources Investment Council. Noncredit workforce
22 development courses may be offered by a community college at an
23 off-campus site or at any of its facilities.
24 (2) For the 1993-1994 fiscal year, each community college
25 shall be reimbursed under clause (1) in an amount which is at
26 least equal to a one percent (1%) increase over its 1992-1993
27 operating cost and stipend reimbursement. In no case shall a
28 community college's 1993-1994 reimbursement under clause (1) per
29 full-time equivalent student, insofar as said reimbursement does
30 not include a proportionate share attributable to stipend
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1 reimbursement under clause (1.4)(iii), exceed its 1992-1993
2 operating cost reimbursement per full-time equivalent student by
3 more than ten percent (10%).
4 (2.1) For the 1994-1995 fiscal year, each community college
5 shall be reimbursed under clause (1) in an amount which is at
6 least equal to a one percent (1%) increase over its 1993-1994
7 reimbursement under clause (1). In no case shall a community
8 college's 1994-1995 reimbursement under clause (1) per full-time
9 equivalent student, insofar as said reimbursement does not
10 include the proportionate share attributable to stipend
11 reimbursement under clause (1.4)(iii), exceed its 1993-1994
12 reimbursement under clause (1) per full-time equivalent student,
13 insofar as said reimbursement does not include the proportionate
14 share attributable to stipend reimbursement under clause
15 (1.4)(iii) by more than ten percent (10%).
16 (2.2) For the 1995-1996 fiscal year, each community college
17 shall be reimbursed under clause (1) in an amount which is at
18 least equal to its 1994-1995 reimbursement under clause (1).
19 (3) The Secretary of Education annually shall establish
20 criteria to be used to determine eligibility of programs for
21 each of the above stipend categories, shall approve programs for
22 funding in the following fiscal year according to these criteria
23 and shall submit to chairmen of the committees of education in
24 the House of Representatives and Senate a report setting forth
25 the established criteria, any programs approved for funding
26 under these criteria and the recipient community colleges.
27 (4) Each community college shall maintain such accounting
28 and student attendance records on generally accepted principles
29 and standards as will lend themselves to satisfactory audit. The
30 Commonwealth shall pay to a community college on behalf of the
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1 sponsor on account of its capital expenses an amount equal to
2 one-half of such college's annual capital expenses from funds
3 appropriated for that purpose to the extent that said capital
4 expenses have been approved as herein provided.
5 (5) For purposes of determining Commonwealth reimbursement
6 of operating costs, Federally funded expenditures for those
7 programs in which the Commonwealth participates in the cost
8 shall be deducted from total operating expenditures to determine
9 net reimbursable operating costs.
10 * * *
11 Section 2. This act shall take effect July 1, 2000.
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